WHEREAS, on September 24, 2002, the City Council of the City of Sunnyvale adopted Ordinance No. 2705-02, which adopted the 2001 California Building Code as the Building Code for the City of Sunnyvale, with certain amendments thereto; and

WHEREAS, on September 24, 2002 the City Council also adopted Resolution No. 182-02, setting forth findings concerning local climatic conditions which justify certain modifications to the standard code, noting that times of little or no rainfall, low humidity and high temperatures, and gusting wind conditions intensify the risks of fire damage in the community; and

WHEREAS, the City Council now desires to amend the Building Code by adding a heightened rating for roof materials utilized in the City to address the aforementioned fire risks, and incorporates by reference the findings made in Resolution No. 182-02.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 16.16 AMENDED. Chapter 16.16 entitled "Building Code" is hereby amended by adding section 16.16.170 to the Sunnyvale Municipal Code to read as follows:

2001 California Building Code Section 1503.3 is amended to read as follows:

1503.3 [For SFM] Roof Coverings in All Other Areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B C as defined in the Uniform Building Code.

SECTION 2. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with the Sunnyvale Guidelines for the implementation of CEQA.

SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. The City Clerk is hereby directed to cause a copy of this ordinance making this change to the 2001 California Building Code, to be filed with the State Department of Housing and Community Development.

SECTION 4. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held on May 13, 2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _______________, 2003, by following vote:

(SEAL)