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REQUEST FOR COUNCIL ACTION Date: 9/8/2025 Item No.: 7.a. Department ApprovalCity Manager Approval Item Description:Discuss an ordinance imposing regulations on excavations within ten feet of existing foundations 1 2 Background 3 A request has been made by the homeowner's association of The Enclave at McCarrons 4 Lake to enact regulations on excavations that occur within ten feet of existing 5 foundations. The City Council discussed this topic on July 14, 2025 (meeting minutes 6 attached). At that meeting, the City Council was instructed by City staff that such 7 regulations could not be adopted as they would constitute a regulation more restrictive than 8 the Residential Building Code, which is prohibited under State law. Such a determination 9 was made after staff consulted with the State Building Official. However, staff informed the 10 Council that the State has forwarded regulations on this issue to their Technical Advisory 11 Committee for inclusion in the residential building code update slated for adoption in March 12 of 2026. 13 14 Following the discussion on July 14, 2025, the Council directed staff to re-engage with the 15 State to determine whether Roseville could enact regulations aimed at protecting existing 16 foundations from excavations occurring within ten feet, noting a desire not to wait for the 17 updated residential building code. On July 23, 2025, the Building Official contacted the 18 State Building Official to inquire about whether Roseville could enact regulations now 19 instead of waiting for the State. In an email (see Attachment 2), the State Building Official 20 adjusted his previous position and will now allow Roseville to enact regulations before the 21 State, but noted if the State's preferred language is incorporated into the residential building 22 code update, Roseville would have to repeal any regulations because now the issue would 23 be a part of the residential building code. 24 25 Attachment 3 offers three versions of ordinance language aimed at protecting existing 26 foundations from excavations. The proposed regulations could be incorporated into Title 9, 27 Building Regulations, Chapter 906, Building Maintenance and Preservation Code of the 28 City Code. These versions reference the protection of adjoining property or adjoining 29 public or private property, but no distance is noted. The residents of The Enclave HOA 30 have requested ten feet given the homes in this development have ten feet of 31 separation. Before incorporating any regulations into ordinance form, staff would seek 32 direction from the City Council on when additional regulations on excavations within close 33 proximity to existing foundations should be imposed. Given the existing side yard structure 34 setback in Roseville's LDR, LMDR and MDR zoning districts is five feet, these new 35 regulations have the potential to impact many projects, including new homes and additions Page 1 of 3 Qbhf!6!pg!322