HomeMy WebLinkAboutCC RES 99-100 1
2 RESOLUTION NO. 99-100
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 TUSTIN, ADOPTING A GRADUATED COMPLIANCE PLAN
FOR CERTAIN EXISTING BUILDINGS AND STRUCTURES
5
AT MARINE CORPS AIR STATION (MCAS) TUSTIN.
6
7 The City Council of the City of Tustin does hereby resolve as follows:
s I. The City Council finds and determines as follows:
9 A. Pursuant to Health and Safety Code Section 18941.9, a local agency affected
~0 by a federal base closure or realignment may adopt an ordinance that allows
a building or other structure located on a former military base to comply
~ with the California Building Codes in a graduated manner over a period of
no more than seven years in order to support rapid redevelopment and job
~2 creation while ensuring that a building or structure is not hazardous to life
safety, fire safety, health or sanitation;
13
B. Section 18941.9 authorizes the City of Tustin to adopt the aforementioned
~4 ordinance only after it has adopted a plan that specifies the procedures and
requirements for' Tustin staff and Orange County Fire Marshall
~5 consideration and approval of requests for graduated compliance.
~6 C. Pursuant to Section 18941.9, Tustin staff has prepared a Graduated
iv Compliance Plan that has been reviewed and approved by an independent
licensed building inspector.
18
D. The Community Development, Department and Redevelopment Agency
~9 staffs have recommended that the Tustin City Council adopt the Graduated
Compliance Plan.
20
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
22 CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
22
SECTION 1. The Graduated Compliance Plan for Marine Corps Air Station
23 Tustin attached hereto as Exhibit 1 (the "Plan"). is hereby adopted.
24'
SECTION 2. The City's building Official shall file a copy of the Plan with the
2s California Building Standards Commission.
26
27
28
29
i Resolution No. 99-100
Page 2
2
3
4 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 15th day of November 1999.
5
7
8
9
11 · -
PAMELA STOKER
12 City Clerk
13
14
STATE OF CALIFORNIA )
~s COUNTY OF ORANGE )
~6 CITY OF TUSTIN )
17
I, Pamela Stoker, City Clerk' and ex-officio Clerk of the City'Council of the City of
~s Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
~9 No. 99-100 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 15th day of November 1999, by the following vote:
20
CO UNCILMEMBERAYES: ldORLEY, TH01~S, DOYLE, POTTS, SALTARELZ
2 ~ COUNCILMEMER NOES: nOnE
COUNCILMEMBER ABSTAINED: nOnE
22 COUNCILMEMBER ABSENT: nOnE
23 ~ ~
24 PAMELA STOKER
2s CITY CLERK
26
DO :\ccre~o s\99-100. doc
27
28
29
GRADUATED COMPLIANCE PLAN
Marine Corps Air Station (MCAS) Tustin
I. INTRODUCTION AND PURPOSE
Existing law requires the Department of Housing and Community Development to adopt
and submit building standards for approval by the California Building Standards
Commission and publication in the California Building Code and to adopt other specified
regulations. These standards and regulations have been adopted by the Tustin City
Council and are interpreted and enforced by the City of Tustin for property located
within its jurisdiction. These standards and regulations include: the Uniform Building
Code, 1997 Edition, as amended, Uniform Plumbing code, Uniform Mechanical Code,
Uniform fire Code, National Electrical code, etc. (hereinafter referred to as the
"California Building Codes"). Typically, construction at or on a federal military
installation is not within the City of Tustin's jurisdiction. However, as a result of Base
Realignment and Closure actions in 1991, 1993 and 1995, the Marine Corps Air Station
(MCAS) Tustin was closed on July 2, 1999. The federal action of base realignment and
closure will conclude with the disposal of surplus federal property resulting in an
opportunity for the community to experience economic redevelopment and job creation
at the former MCAS Tustin. Disposal of the federal property will establish City of Tustin
jurisdictional responsibility for matters concerning and including enforcement of the
California Building Codes.
The City of Tustin has executed a lease with the Department of Navy for interim use of
buildings and structures at the MCAS 'rustin property pending transfer to the City of
Tustin or other non-governmental parties (the "Lease"). Consequently, for the areas
affected by the Lease, as it may be amended from time to time, the City of Tustin will
assume jurisdictional responsibility for MCAS Tustin with regard to the enforcement of
the California Building Codes.
Civilian reuse at former military bases is problematic due to the fact that many existing
buildings and structures were designed and constructed subject to federal building
regulations and not the California Building Codes. Health and Safety Code Section
18941.9, provides that a local agency affected by a federal base closure or realignment,
may adopt an ordinance that allows a building or other structure (except those occupied
or to be occupied for residential use) located on a former military base to comply with
uniform building codes, as locally amended, in a graduated manner over a period of no
more than seven years in order to support rapid redevelopment and job creation while
ensuring that a building or structure is not hazardous to life safety, fire safety, health or
sanitation. At the MCAS Tustin, Health and Safety Code Section 18941.9 may only be
applied to buildings and structures totaling approximately 100 acres and commonly
known as Planning Areas .1,2,3,6,8,9,10,16 and 17 as identified in the MCAS Tustin
Specific Plan/Reuse Plan and. not to a building or structure that will be used as a
residence.
Graduated Compliance Plan
Page 2
This Graduated Compliance Plan provides requirements where the following pertains to
affected buildings and structures:
1. There is no change in occupancy or use with no anticipated alterations.
2. There is no change in occupancy or use with planned alterations.
3. There is change in occupancy or use with no anticipated alterations.
4. There is change in occupancy or use with planned alterations.
Requests to defer compliance with the California Building Codes may be approved by
the Bui!ding Official and Fire Marshall through the process established herein.
II. APPLICATION
The proposed tenant of the building or structure or their legally authorized
representative shall submit a completed City application for occupancy and/or alteration
to the Building Official. The application shall identify the existing building's prior
(military) use, the intended (civilian) use, and proposed occupancy classification. As
applicable, a building permit application shall identify proposed physical alterations,
modifications or changes that are proposed. In addition, the applicant must identify the
California Building Code(s) for which graduated compliance is being sought and the
proposed period of time by which full compliance would be accomplished. No
graduated compliance will be considered for a period that exceeds 7 years from the
date of the Lease involving the building or structure unless authorized by State Law.
III. INSPECTION
Within a timely manner but not. to exceed ten (10) working days after the receipt of a
completed application(s), the Building Official and Fire Marshall shall inform the
applicant of a date certain' to inspect the subject building or structure. The purpose of
the inspection will be to verify the information provided in the application and to note site
conditions or other threats to the life safety, fire safety, health or sanitation of the
occupants, or other concerns. For purposes of administering the inspection, the use
and occupancy of buildings and other structures constructed under federal ownership at
MCAS Tustin shall be considered legal at the time of adoption of the California Building
Codes by the City of Tustin
Upon completion'of the requisite inspection, the Building Official and Fire Marshall will
review and consider the application and the findings of the inspection.. If the Building
Official and Fire Marshall conclude that the request identified in the application and the
subsequent inspection have revealed no threat to the life safety, fire safety, health or
sanitation of the occupants or other concerns, the applicant-will request a
recommendation from the City Manager or designee. If the City Manager or designee
has no reasonable basis for opposing the applicant's request, the application will be
approved, or conditionally approved by the Building Official and Fire Marshall.
Graduated compliance with the California Building Codes shall be identified as a
Graduated Compliance Plan
Page 3
condition of approval of any certificate of occupancy and shall be considered as
compliance with these Codes. The terms and period of time for any graduated
compliance shall be specified in the certificate of occupancy.
If the Building Official or Fire Marshall conclude that the application or the subsequent
inspection have revealed conditions that could thereafter affect the life safety, fire
safety, health or sanitation of persons using the building or structure, the Building
Official and Fire Marshall's concerns will be communicated to the applicant in writing
and the matter set for hearing before the City Manager or designee, pursuant to Section
IV, below.
IV. HEARING
The purpose of the hearing is for the Building Official, Fire Marshall and applicant to
identify and present to the City Manager or designee options, conditions or
requirements that would mitigate the life safety, fire safety, health or sanitation concerns
identified at the time of the inspection. At the conclusion of this hearing and after
consultation with the City Manager or designee, the Building Official and Fire Marshall
shall approve, approve .with conditions, or deny the application with supporting findings.
Graduated compliance in accordance with the Plan shall be' identified as a condition of
approval and shall be considered.as compliance with California Building Codes. The
terms and period of time for any graduated compliance shall also be specified in the
certificate of occupancy.
V. APPEAL
If an applicant contests the conclusions, requirements or conditions of a decision made
under this Graduated Compliance Plan by the Building Official, Fire Marshall or City
Manager or designee, a written appeal shall be filed with the Building Official,
addressing the reasons for an appeal. Within ten (10) working days of submittal, the
Building Official and Fire Marshall shall consider the reasons for appeal to determine
whether new information has been brought forward that could result in the possible
amendment of a previous approval, approval with conditions or denial. If the Building
Official and Fire Marshall after consultation with the City Manager or designee
determine that such grounds for appeal have been provided by the applicant, then
reconsideration of the matter will be scheduled through the Hearing process stipulated
in Section IV of this Plan. If the Building Official and Fire Marshall determine in writing
that there are not sufficient grounds to support a reconsideration of ,the matter, the
applicant may appeal to the City Council within the same time period and in the same'
manner as an appeal from a decision of the City's Planning Commission. The Tustin
Municipal code proVisiOns governing appeals for Planning commission decisions shall
apply.
DANA Gradcompplan1099.doc