HomeMy Public PortalAboutCity Council - Resolutions - 1180-23 - 3/21/2023T-DPS-160230/66114 1
Agenda: 3/21/23
Item No.: 5
RESOLUTION NO. 1180-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE ABOLISHING THE BOARD OF BUILDING
CODE APPEALS AND DESIGNATING THE CITY COUNCIL
AS THE APPEALS BOARD TO HEAR BUILDING CODE
AND GREEN BUILDING APPEALS
WHEREAS, the California Building Code, which the City adopts triennially by reference,
requires the City to have a process to hear and decide appeals of orders, decisions and
determinations relative to the application and interpretation of the Building Code and other
regulations governing construction, use, maintenance and change of occupancy; and
WHEREAS, pursuant to the California Building Code, the City Council may establish a
local appeals board, but if no such appeals board is established, the City Council shall serve as the
local appeals board as specified in California Health and Safety Code Sections 17920.5; and
WHEREAS, following the adoption of the Sunnyvale City Charter in 1949, the Sunnyvale
City Council formally established a Board of Building Code Appeals on September 20, 1949
(Resolution No. 922); and
WHEREAS, in addition to hearing Building Code appeals, Section 19.39.070 of the
Sunnyvale Municipal Code designates the Board of Building Code Appeals as the body to hear
appeals related to the City’s Green Building regulations; and
WHEREAS, the Board of Building Code Appeals has not met to hear an appeal in the past
twenty years; and
WHEREAS, given the infrequency of appeals, the benefit of having a separate Board of
Building Code Appeals is outweighed by the administrative burdens needed to maintain maintain
the Board; and
WHEREAS, due to the infrequency of appeals, on August 2, 2022, the Council
Subcommittee on Boards and Commissions recommended the City Council dissolve the Board of
Building Code Appeals pursuant to California State Law and have City Council serve as the
appeals board; and
WHEREAS, on November 29, 2022, the City Council directed staff to return with an
Ordinance and related actions to dissolve the Board of Building Code Appeals and have the City
Council serve as the appeals board for the Building Code and Green Building regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SUNNYVALE AS FOLLOWS:
1. The Sunnyvale Board of Building Code Appeals is hereby dissolved and all current
appointments of the members of the Board of Building Code Appeals are revoked.
T-DPS-160230/66114 2
Agenda: 3/21/23
Item No.: 5
2. The City Council shall serve as the local board of appeals as required by the
California Building Code and Title 16 of the Sunnyvale Municipal Code, and for appeals of Green
Building regulations under Title 19 of the Sunnyvale Municipal Code.
3. The City Council expresses its appreciation and thanks to the current and former
members of the Board of Building Code Appeals for their service to the City of Sunnyvale.
Adopted by the City Council at a regular meeting held on March 21, 2023, by the following
vote:
AYES: KLEIN, DIN, MELTON, CISNEROS, MEHLINGER, SRINIVASAN, SELL
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSAL: NONE
ATTEST:APPROVED:
____________________________________ __________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
JOHN A. NAGEL
City Attorney