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254 ORDINANCE NO. 254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING TITLE 15, OF THE CITY OF GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTERS 15.08, 15.12, 15.16, 15.20, AND ADDING CHAPTERS 15.10 AND 15.17, DELETING CHAPTER 15.09, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TO INCLUDE THE REFERENCED STANDARDS, TITLE 24, PART 2, AND 12, VOLUMES 1 AND 2, BASED ON THE 2009 INTERNATIONAL BUILDING CODE, PART 2.5 BASED ON THE 2009 INTERNATIONAL RESIDENTIAL CODE, PART 3, BASED ON THE 2008 NATIONAL ELECTRICAL CODE, PART 4, BASED ON THE 2009 UNIFORM MECHANICAL CODE, PART 5, BASED ON THE UNIFORM PLUMBING CODE, PART 11, GREEN BUILDING STANDARDS. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: Section 1. CHAPTER 15, CALIFORNIA BUILDING CODE ( Title 15, Section 15.08.10 and 15.08.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with a new Section 15.08.10 hereby added to read as follows: SECTION 15.08.10, ADOPTIONS Except as provided in this chapter, those certain building codes known and designed as the California Code of Regulations, Title 24, Part 2, Volume 1 and 2, based on the 2009 International Building Code, including Appendix Chapter "C", "F", "G", "I", "J", and Part 12, California Referenced Standards shall become the Building Code of the City of Grand Terrace. for regulating the construction, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The California Code of Regulations and its appendix chapters will be on file for public examination in the office of the Building Official. Section 2. CHAPTER 15.09, CALIFORNIA EXISTING BUILDING CODE Title 15, Section 15.09, and Sections 15.09.10 through 15.09.50 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 has been incorporated into the California Code of Regulations, Title 24, Part 2, Volume 2, adopted in Section 15.08.10 of this Ordinance. 1 RECORDS OF SAID COUNTY; THENCE SOUTH 00°26' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIR STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST _ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. TS Development Agreement -30- December 14,2010 tute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity TS Development Agreement -25- December 14,2010 development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 Section 3. CHAPTER 15.10, CALIFORNIA RESIDENTIAL CODE Title 15, Section 15.10 and 15.10.10 are hereby added to the Grand Terrace Municipal Code to read as follows: SECTION 15.10.10, ADOPTION Except as provided in this chapter those certain building codes known and designed as the California Residential Code, California Code of Regulations, Title 24, Part 2.5, based on the 2009 International Residential Code shall become the Residential Building Code of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all residential buildings and/or structures in the City. The California Residential Code and its chapters will be on file for public examination in the office of the Building Official. Section 4. CHAPTER 15.12, CALIFORNIA ELECTRICAL CODE Title 15, Section 15.12.10 and 15.12.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.12.10 hereby added to read as follows: SECTION 15.12.10, ADOPTIONS Except as provided in this chapter, the California Electrical Code, California Code of Regulations, Title 24, Part 3, based on the 2008 National Electrical Code as published by the National Fire Protection Association, shall become the Electrical Code of the City of Grand Terrace, regulating all installations, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official. Section 5. CHAPTER 15.16, CALIFORNIA PLUMBING CODE Title 15, Section 15.16.10 and 15.16.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.16.10 hereby added to read as follows: 2 .09.10 through 15.09.50 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 has been incorporated into the California Code of Regulations, Title 24, Part 2, Volume 2, adopted in Section 15.08.10 of this Ordinance. 1 RECORDS OF SAID COUNTY; THENCE SOUTH 00°26' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIR STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST _ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. TS Development Agreement -30- December 14,2010 tute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity TS Development Agreement -25- December 14,2010 development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION 15.16.10, ADOPTION Except as provided in this chapter, the California Plumbing Code, California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform Plumbing Code as published by the International Association of Plumbing and .Mechanical Officials, shall become the Plumbing Code of the City of Grand Terrace, regulating construction, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official. Section 6. CHAPTER 15.17, GREEN BUILDING STANDARDS Title 15, Chapter 15.17 is hereby added to the Grand Terrace Municipal Code. Section 15.17.10 is hereby added to read as follows: SECTION 15.17.10, ADOPTION Except as provided in this chapter, the Green Building Standards, California Code of Regulations, Title 24, Part 11, as published by the California Building Standards Commission, shall become the Green Building Standards of the City of Grand Terrace, The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The Green Building Standards will be on file for public examination in the office of the Building Official. Section 7. CHAPTER 15.20, CALIFORNIA MECHANICAL CODE Title 15, Section 15.20.10 and 15.20.20 of the Grand Terrace Municipal Code is hereby repealed in its entirety with Section 15.20.10 hereby added to read as follows: SECTION 15.20.10, ADOPTION Except as provided in this Chapter, the California Mechanical Code, California Code of Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical 3 2 .09.10 through 15.09.50 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 has been incorporated into the California Code of Regulations, Title 24, Part 2, Volume 2, adopted in Section 15.08.10 of this Ordinance. 1 RECORDS OF SAID COUNTY; THENCE SOUTH 00°26' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIR STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST _ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. TS Development Agreement -30- December 14,2010 tute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity TS Development Agreement -25- December 14,2010 development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 Officials, shall become the Mechanical Code of the City of Grand Terrace, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration system, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Offical. SECTION 8. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. SECTION 9. EFFECTIVE DATE This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage. The effective date of this Ordinance is January 1, 2011. SECTION 10. POSTING The City Clerk shall certify to the passage of this Ordinance and cause the same to be posed pursuant to Government Code Section 36933. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Grand Terrace held on the 9th day of November , 2010. Mayor of a City of rand Terrace and of the City Cou cil thereof. Attest: City Clerk of the City of Grand Terrace and of the City council thereof. 4 anical Code as published by the International Association of Plumbing and Mechanical 3 2 .09.10 through 15.09.50 of the Grand Terrace Municipal Code is hereby deleted. The Existing Buildings Code, Part 10 has been incorporated into the California Code of Regulations, Title 24, Part 2, Volume 2, adopted in Section 15.08.10 of this Ordinance. 1 RECORDS OF SAID COUNTY; THENCE SOUTH 00°26' 50" EAST 203.39 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 3, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF LA PAIR STREET, 15.00 FEET IN HALF WIDTH, AS SHOWN ON MAP BOOK 139, PAGES 47 AND 48 AND MAP BOOK 148, PAGES 81 AND 82, RECORDS OF SAID COUNTY; THENCE NORTH 89° 35' 21" EAST 162.78 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO THE SOUTH EAST _ CORNER OF SAID INSTRUMENT NO. 2004-0728917; THENCE NORTH 00° 29' 04" WEST 487.56 FEET ALONG THE EAST LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING. TS Development Agreement -30- December 14,2010 tute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention(Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 9.20 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity TS Development Agreement -25- December 14,2010 development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 9th day of November, 2010 by the following vote: AYES; Councilmember Stanckiewitz; Mayor Pro Tem Garcia and Mayor Ferre NOES; None ABSENT: Councilmember Cortes ABSTAIN: None Brenda Mesa, City Clerk Approved as to form: John Harper, C ty ttorney 5 nd DENNIS D. JACOBSEN FAMILY HOLDINGS,A CALIFORNIA LIMITED LIABILITY COMPANY OR ASSIGNEE and STATER BROS. MARKETS, A CALIFORNIA CORPORATION OR ASSIGNEE [Adopted by Ordinance No. 255 , Effective January 14,2011] TS Development Agreement -1- December 14,2010 sansultrifhtheCcmmunal'DEwel PmsntDEpmb, L Page 10 of 11