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HomeMy WebLinkAboutRESOLUTIONS - 12191995 - 95-634 SD. 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 19 , 1995 by the following vote : AYES : Supervisors Rogers , Smith, DeSaulnier NOES : Supervisor Bishop ABSENT: :Supervisor Torlakson ABSTAIN: None SUBJECT: Ratification of Modified ) 634 San Ramon Valley Fire ) Resolution No. 95/ Protection District Ordinance ) No. 15 ) The Board of Supervisors of Contra Costa County Resolves : The San Ramon Valley Fire Protection District has requested that the Board of Supervisors consider and take action concerning the application of its Ordinance No. 15 within the unincorporated portions of Contra Costa County contained within that district . After consideration of the proposed Ordinance No. 15 and county staff reports and comments provided thereon, this Board hereby takes action, finds, modifies, clarifies, and ratifies Ordinance No. 15 as follows : 1 . §103 . 3 . 2 . 5 . Review of certain plans . (Modified) . This section as modified does not mandate the performance or non-performance of any act by the county and its planning agency, officers and employees but county staffs are hereby directed to cooperate to the greatest reasonable extent (subject to applicable county and state rules and regulations) with the district concerning the subjects of this section. 2 . §103 . 3 . 2 . 7 . Authority to require exposure or to stop work. (Modified) . This section as modified does not mandate the county building inspector or other county official or agency to issue any stop work orders or to perform or not perform any act and with this clarification is the same as §103 . 3 . 2 . 5 above . 3 . §9901 . 2 . 2 . 3 . Street Names and Addressing (Modified) . Same as §103 . 3 . 2 . 5 above except that the County fully retains its authority pursuant to law to determine unincorporated area street names and addresses . 4 . §902 . 2 . 1 . Required Access (Modified) . This section is modified to clarify that nothing in it shall prevent the county from legislating, taking administrative action and/or occupying this area of regulation to the extent allowed by law. This modification is made to retain the county' s ability to require uniform unincorporated area regulations . 5 . X903 . 3 , 903 . 3 . 1, 903 . 3 . 1 . 1 . (Modified) . Same at §902 . 2 . 1 above . 6 . 9§1003 .2 , 1003 . 3 . 1, Table 1003A. (Modified) . A. The introductory sentence of §1003 . 2 is modified, to clarify its scope, to read: "To the extent allowed by Health and Safety Code sections 13143 and 13869 . 7, Section 1003 . 2 is amended by altering section 1003 . 2 . 1 and adding, following §1003 .2 . 8, subsections 1003 . 2 . 9 through 1003 . 2 . 14 , including those exceptions and additional subsections as follows : " RESOLUTION NO. 95/634 1 B . Residential Fire Sprinkler systems,. In the case of any conflict between the provisions of any county regulations (now in force or as hereafter adopted) concerning or involving the installation of residential fire sprinkler systems and District Ordinance No. 15' s section 1003 .2 , the county' s regulations shall prevail . This modification retains the county' s ability to require uniform regulations on this subject in the unincorporated area. C. Declaration of county occupation. By this modification, should the county in any subsequent enactments in areas involving building codes and/or fire extinguishing systems requirements declare that those county enacted requirements are to prevail over and to the exclusion of any similar District Ordinance No. 15 regulations, the county regulations shall occupy regulation of the involved area (s) and any provisions of Ordinance No. 15 involving the same area (s) will be of no further force and effect in the unincorporated area. 7 . §8001 . 1 . 1 . 1 . Coordinated Enforcement (Modified) . This section is modified to clarify that the district has no legal authority to prescribe the governmental discretion and actions of the county and its officers and employees . 8 . §8001 . 1 .4 . "Existingconditions in buildings" (Modified) . This section is modified to clarify as in §8001 . 1 .1 above . 9 . §8001 . 3 . 2 . "Hazardous materials management plan" (Modified) . This section is modified to clarify that "hazardous material management plans" include County Health Services business plans . 10 . Appendix II E, section 1 . scope . (Modified) . Same as 58001 . 3 . 2 above . 11 . Section 14 . "More restrictive requirements" (Modified) . This section is modified to clarify that nothing in it shall prevent the county from legislating in and/or occupying an area of regulation as hereinabove provided or otherwise allowed by law. In part, this modification is made to retain the county' s ability to require uniform unincorporated area regulations . Modified Ordinance Ratification. Ordinance No. 15 only as hereinabove modified is hereby ratified. In taking this action, the Board has not reviewed and passed upon any "Findings of Need" which may have been prepared by the district or other documentation nor has it reviewed and passed upon the scope of the district' s Health and Safety Code regulatory authority. Board Clerk Duties . The Clerk of this Board (pursuant to Health and Safety Code §13869 . 7) shall within 15 days of the adoption of this resolution .provide a copy of it to the San Ramon Valley Fire Protection District . In addition, the Clerk shall file copies of any district provided adopted findings and Ordinance No. 15 expressly marked and identified to which each finding refers (together with a copy of this resolution) with the California State Department of Housing and Community Development . Orig. Dept: County Counsel i hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the cc: County Administrator Boar+of Supelvisors on the date shown. Building Inspection ATTESTED:a(� cl� Community Development PHIL BATCHELOR,Clerk of the Soaro GMEDA of Supervisors and County Administrator *San Ramon Valley Fire Protection District /J by --. .��.� � �-,Deputy *via County Administrator 210 djs-4\a:srv-res.ord RESOLUTION NO. 95/634 2