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HomeMy WebLinkAbout17 - Amendment to Section 9.04.380 of the NBMC to Adopt the Local Amendments to the 2019 Edition of the California Fire CodeQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 25, 2020 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net PREPARED BY: Kevin Bass, Fire Marshal, kbass@nbfd.net PHONE: 949-644-3108 TITLE: Ordinance No. 2020-6: Amendment to Section 9.04.380 of the Newport Beach Municipal Code to Adopt the Local Amendments to the 2019 Edition of the California Fire Code ABSTRACT: This item is the second reading and adoption of the ordinance pertaining to the amendment to the Newport Beach Municipal Code (NBMC) to adopt local amendments to the California Fire Code. The City of Newport Beach enforces the California Fire Code for the purpose of regulating design, construction and maintenance of structures to protect life and property. Within the Wildland Fire Areas, local agencies may adopt amendments to the codes to provide additional protection for the properties located within these hazardous areas. RECOMMENDATIONS: a) Conduct a public hearing; b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution No. 2020-22, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions within the City of Newport Beach which make Certain Modification and Changes to the 2019 Edition of the California Fire Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; and d) Waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2020-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 9.04.380 (Replacement to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas) of the Newport Beach Municipal Code to Adopt Local Amendments to the 2019 Edition of the California Fire Code as set forth in Title 24, Part 9, of the California Code of Regulations. 17-1 Ordinance No. 2020-6: Amendment to Section 9.04.380 of the Newport Beach Municipal Code to Adopt the Local Amendments to the 2019 Edition of the California Fire Code February 25, 2020 Page 2 FUNDING REQUIREMENTS: There is no direct fiscal impact related to the City for this action. DISCUSSION: On February 11, 2020, the City Council introduced proposed Ordinance No. 2020-6 amending Section 4.09.380 of the NBMC to adopt local amendments to the 2019 Edition of the California Fire Code. The staff report included information regarding changes to the vegetation management requirements, identified as Option 3, for the Hazard Reduction Zones. These requirements are reflected in Guideline G.01 — Hazard Reduction Zone (Attachment A). If the City Council adopts the proposed ordinance, the guideline will be incorporated into the NBMC by reference. At the February 11, 2020 meeting, the City Council did not make any further amendments to the item presented. Attached is the resolution (Attachment B) making specific findings to the proposed City amendment along with the ordinance (Attachment C) for adoption. The proposed ordinance amending the code will take effect 30 days after its adoption. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. � Eel I [el I' Eel The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Guideline G.01 — Hazard Reduction Zone Attachment B — Resolution No. 2020-22 Attachment C — Ordinance No. 2020-6 17-2 ATTACHMENT A CITY OF NEWPORT BEACH Fire Department Fire Prevention Division GUIDELINES AND STANDARDS Guideline G.01 — Hazard Reduction Zones G.01.1 PURPOSE The purpose of this guide is to provide information necessary to ensure the modification, and maintenance of the vegetation in areas adjacent to structures in order to create a defensible space between the structure and the vegetation. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible space are responsible for modifying or removing non -fire resistive vegetation Cexi7i WA *9161 ; a � All structures including any attachments to that structure located within designated Hazard Reduction Zones shall comply with the requirements outlined in this document. Requirements for new construction are found in Guideline G.02, "Fuel Modification Zones." The requirements found in this guideline only apply to those sides of the structure that face the wildland area (see Attachment 1). G.01.3 DEFINITIONS Defensible Space: The area adjacent to a structure or dwelling, either natural or man-made, where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. Hazard Reduction Zone: A geographical area designated by the Fire Chief where structures directly abut wildland space and containing structures built prior to July 1, 1999 and not designated as a Fuel Modification Zone. 17-3 Home Ignition Zone: A geographical area within 100 feet of the home or structure where the factors that principally determine home ignition potential during extreme wildfire behavior (high intensity fires and burning embers) are present. G.01.4 PROCEDURE MAINTENANCE OF DEFENSIBLE SPACE 1. Home Ignition Zone (0-5 feet from structure) Organic Mulch and Wood Chips • Organic mulch and wood chip application is prohibited within two feet (2') of the structure. • Must use non-combustible materials such as gravel and decomposed granite within two feet (2') of the structure. • Organic mulch and wood chip application is allowed to be used from three to five feet (3-5). • The maximum depth of mulch and wood chips in this zone shall be four inches (4"). ■ Use a mosaic (non-uniform) pattern with a maximum application area of 20 feet x 20 feet and a minimum of five feet (5) separation. Ground Cover • Ground cover and grasses shall be maintained less than six inches (6") in height. Bushes and Shrubs • Bushes and shrubs in this zone shall not exceed eighteen inches (18"). • Bushes and shrubs not under a tree canopy can remain, if horizontal and vertical clearances are properly maintained. • Bushes and shrubs shall not be a continuous bed of vegetation. • Bushes and shrubs in this zone shall not exceed eighteen inches (18") in height. • Bushes and shrubs shall have clear horizontal and vertical separation between each other and other vegetation. • Existing bushes and shrubs shall be individually spaced or clustered in groups of three (3) specimens or less. • Bushes and shrubs, either individually spaced or in a group or cluster, shall not exceed ten feet (10') in diameter. 17-4 • Bushes and shrubs shall have horizontal separation of three times the height. Trees • No trees canopy shall be located within five feet (5) of the home or structure. • No trees canopy shall be located within ten feet (10') of a chimney. • The Newport Beach Fire Department strongly recommends no vegetation within five feet (5) of the structure. 2. Home Ignition Zone (5-30 feet from structure) Organic Mulch and Wood Chips • Organic mulch and wood chip application shall be limited to non -continuous use of organic mulch and or wood chips not to exceed four inches (4") in depth. • Use a mosaic (non-uniform) pattern with a maximum application area of 20 feet x 20 feet and a minimum of five feet (5) separation. Ground Cover • Ground cover and grasses shall be maintained less than eighteen inches (18") in height. Bushes and Shrubs • Bushes and shrubs in this zone shall not exceed eighteen inches (18"). • Bushes and shrubs not under a tree canopy can remain, if vertical and horizontal clearances are properly maintained. • Bushes and shrubs shall not be a continuous bed of vegetation. • Bushes and shrubs in this zone shall not exceed eighteen inches (18") in height. • Bushes and shrubs shall have clear horizontal and vertical separation between each other and other vegetation. • Existing bushes and shrubs shall be individually spaced or clustered in groups of three (3) specimens or less. • Bushes and shrubs, either individually spaced or in a group or cluster, shall not exceed ten feet (10') in diameter. • Bushes and shrubs shall have horizontal separation of three times the height. 17-5 • Top of bush or shrub shall have six feet (6') of clear separation from the lowest part of the tree canopy above. • Bushes and shrubs up to eighteen inches (18") are allowed under an existing tree canopy in this zone. Minimum clear space under a tree canopy is five feet (5'). • Bushes and shrubs that do not provide minimum vertical or horizontal separation shall be removed. Trees • Trees shall be horizontally spaced three times the size of the mature canopy. • Trees shall be maintained (pruned, laced out and limbed up) to provide vertical and horizontal separation between other fuels. 3. Home Ignition Zone (30-100 feet from structure) Organic Mulch and Wood Chips • Organic mulch and wood chip application is allowed. • No limitations on application areas. Bushes and Shrubs • Bushes and shrubs not under a tree canopy can remain, if properly maintained. • Bushes and shrubs in excess of two feet (2') shall not be under a tree canopy. • Bushes and shrubs shall not be a continuous bed of vegetation. • Bushes and shrubs in this zone shall not exceed two feet (2') in height. • Bushes and shrubs shall have clear horizontal and vertical separation between each other and other vegetation. • Existing bushes and shrubs shall be individually spaced or clustered in groups of three (3) specimens or less. • Bushes and shrubs, either individually spaced or in a group or cluster, shall not exceed ten feet (10') in diameter. • Bushes and shrubs shall have horizontal separation of three times the height. • Top of bush or shrub shall have six feet (6') of clear separation from the lowest part of the tree canopy above. • Bushes and shrubs up to two feet (2') are allowed under an existing tree canopy. Minimum clear space under a tree canopy is six feet (6') • Bushes and shrubs that do not provide minimum vertical separation shall be removed. 17-6 Trees • Trees shall be horizontally spaced three times the size of the mature canopy • Trees shall be maintained (pruned, laced out and limbed up) to provide vertical and horizontal separation between other fuels. 4. Structure Side Yards: • For the purpose of firefighter access and egress, provide three feet of clear access along both sides of the structure. 5. Firewood: Firewood and combustible material for consumption on the premises shall not be stored in unenclosed spaces beneath buildings or structures, on decks or under eaves, canopies of other projections or overhangs. Storage of firewood and combustible material stored in the defensible space must be located a minimum of 15 feet away from structures and separated from the drip lines of trees and shrubs by a minimum of 15 feet. 6 Roofs: All roofs of structures in designated wildland fire hazard areas shall comply with the following guidelines: • Leaves, needles, twigs, and other combustible matter shall be removed from roofs and rain gutters. • Any portion of any tree, bush, or shrub that is located within ten feet of the outlet of a chimney shall be removed. • All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester constructed in accordance with the California Building code. The spark arrester screen shall be made from a material that is both heat and corrosion resistant, and the openings shall not permit the passage of spheres having a diameter larger than one half inch. Nothing contained in this guideline shall be deemed to preclude the fire code official from requiring more than the minimum specific requirements set forth above when the fire code official determines that conditions exist, which additional fire protection measures are necessary. 17-7 M VERY NEAR HOME - Protection 0 ZONE - Lean & Clean Attachment 1 Bushes can be > 2' Outside of Tree Canopy i Dist. ? =3X 6' Clear i `t 1ZMax = 3X ZONE Thinning Dist. 3X Distance =3X Dist. 4 =3X r Canopies Can Touch Natural Vegetation OK 17-8 ATTACHMENT B RESOLUTION NO. 2020-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE 2019 EDITION OF THE CALIFORNIA FIRE CODE AS REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS WHEREAS, Health and Safety Code Section 17958 mandates that the City of Newport Beach ("City") adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State of California ("State") pursuant to Health and Safety Code Section 17922; WHEREAS, the State is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2019 Edition of the California Fire Code based on the 2018 International Fire Code of the International Code Council; WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the 2019 Edition of the California Fire Code ("CFC"), which are reasonably necessary because of local climatic, geographic, or topographic conditions, WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes pursuant to Health and Safety Code Section 17958.5, make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; WHEREAS, on November 19, 2019, the City Council of the City of Newport Beach ("City Council") adopted Ordinance No. 2019-18, the 2019 Edition of the CFC with local amendments. Additionally, the City Council adopted Resolution 2019-97 making findings for local amendments including sections 4901 (Reduction of Brush From Structures) through 4911 (Recreational Fires in Local Agency Very High Fire Hazard Severity Zones); WHEREAS, additional public outreach with residents of the Wildlife Urban Interface Area was necessary, and as a result, additional code revisions supported by findings are necessary; 17-9 Resolution No. 2020 - Page 2 of 4 WHEREAS, the Fire Code Official has recommended that changes and modifications be made to Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of the 2019 CFC codified in section 9.04.380 of the Newport Beach Municipal Code and has advised that these changes and modifications to the 2019 CFC are reasonably necessary due to local conditions in the City and has further advised that the remainder of said changes and modifications are administrative or procedural in nature; and WHEREAS, a copy of this resolution together with the Ordinance No. 2020-6 adopting the amended Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of the 2019 CFC shall be filed with the California Building Standards Commission and the California Department of Housing and Community Development by the City Clerk of the City of Newport Beach as required by Health and Safety Code Section 17958.7. NOW THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1: The City Council does hereby approve the following changes and modifications to Sections 4901, 4903, 4907, 4910, and 4911 of Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of the California Fire Code 2019 Edition and the Newport Beach Fire Code as recommended by the Fire Code Official and hereby finds these changes to be necessary due to local climatic, geographic, or topographic conditions: a. The City is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, greatly impact the response time to reach an incident scene. b. Many areas of Newport Beach have significant growths of vegetation of a highly combustible nature. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for building occupants and by containing or controlling the spread of fire. Fire sprinkler systems also provide an efficient use of water for the control and containment of fires and lessen the environmental impact of water runoff from fire suppression activities. 17-10 Resolution No. 2020 - Page 3 of 4 C. The City, especially the foothill areas, is geographically located in an area periodically subject to hot, dry, wind conditions of high velocity. The topographical conditions of the foothill areas and canyons contained therein can accelerate the periodic high velocity winds by means of a venturi effect. Accordingly, pursuant to California Government Code Section 51179 and by City ordinance, the City has designated these types of areas as Local Agency Very High Fire Hazard Severity Zones. These zones identify the type of climate, geography, and topography that potentially increase the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. d. The City is located in a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave structures vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. e. Due to the geographic conditions of widespread development separated by waterways and the street congestion caused by local geography, and the expected infrastructure damage inherent in a seismic hazard zone, it is prudent to rely on automatic fire sprinkler systems to mitigate extended Fire Department response time and keep fires manageable with reduced fire flow (water) requirement for a given structure. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 17-11 Resolution No. 2020 - Page 4 of 4 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of February, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CIT ATTORNEIY' OFFICE � c l Z- . Aaron C. Harp City Attorney 17-12 ATTACHMENT C ORDINANCE NO. 2020-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 9.04.380 (REPLACEMENT TO CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2019 EDITION OF THE CALIFORNIA FIRE CODE AS SET FORTH IN TITLE 24, PART 9, OF THE CALIFORNIA CODE OF REGULATIONS WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission ("BSC") has approved the adoption of new model codes relating to design and construction for the protection of life and property; WHEREAS, on November 19, 2019, the City Council of the City of Newport Beach ("City Council") adopted Ordinance No. 2019-18, the 2019 Edition of the California Fire Code ("CFC") with local amendments, however, additional public outreach with the residents of the Wildlife Urban Interface Areas was necessary; WHEREAS, local jurisdictions may amend the California Building Standards Code, which includes the 2019 CFC, as necessary to mitigate differences caused by local topographical, geographical, and climatic conditions; WHEREAS, prior to bringing this amendment to the CFC and Title 9 of the Newport Beach Municipal Code ("NBMC"), City staff met with the public to receive additional feedback regarding changes to Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) and its associated guidelines; WHEREAS, to aid in efficiency and clarity, Section 9.04.380 is amended with these modifications to the CFC that are correlated with the findings in Resolution No. 2020-22 adopted by the City Council of the City of Newport Beach on February 25, 2020; and WHEREAS, when approved, the ordinance and accompanying resolution will be forwarded to the BSC and the California Department of Housing and Community Development in compliance with Health and Safetv Code Section 17958.7. 17-13 Ordinance No. 2020-6 Page 2 of 8 NOW, THEREFORE, The City Council of the City of Newport Beach ordains as follows: Section 1: Section 9.04.380 (Replacement to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas) of Title 9 (Fire Code) of the Newport Beach Municipal Code is hereby amended to read as follows: 9.04.380 Replacement to Chapter 49 Requirements for Wildland-Urban Interface Fire Areas. Chapter 49 is deleted in its entirety and replaced with the following: SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES 4901.1 Scope. Each person or entity who owns, leases, controls, operates, or maintains any parcel of land within a designated Hazard Reduction Zone, Local Agency Very High Fire Hazard Severity Zone or identified Wildland-Urban Interface Area shall comply with the requirements of this chapter to mitigate the conditions where vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses. 4901.2 Purpose. The purpose of this code is to provide minimum vegetation maintenance standards to reduce the severity of exterior wildfire exposure to buildings, and to decrease the exposure from a building fire to the wildland-urban interface area. 4901.3 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures requiring defensible spaces shall be responsible for modifying or removing non -fire resistive vegetation. These regulations apply to all Hazard Reduction Zones, identified Wildland-Urban Interface Areas and Local Agency Very High Fire Hazard Severity Zones located within the City of Newport Beach. SECTION 4902 DEFINITIONS 4902.1 Definitions. The following terms are defined in Chapter 2: DEFENSIBLE SPACE. FUEL MODIFICATION PLAN. FUEL MODIFICATION ZONE. 17-14 Ordinance No. 2020-6 Page 3 of 8 HAZARD REDUCTION ZONE. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE. WILDLAND. WILDLAND FUELS. WILDLAND-URBAN INTERFACE AREA. SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, identified Wildland-Urban Interface Areas and Local Agency Very High Fire Hazard Severity Zones not in compliance with the City's respective guidelines and standards shall constitute a fire hazard. 4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall be maintained in accordance with the approved plan and the City's Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard for Developments" and G.04 "Fuel Modification Plans and Maintenance Standards for Conversion from a Hazard Reduction Zone to Fuel Modification Zone". 4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone and identified Wildland-Urban Interface Areas shall be maintained in accordance with the City's Guidelines and Standards G.01 "Hazard Reduction Zones." SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4904.1 General. In addition to the regulations found in Chapter 7A of the California Building Code and other relevant sections of the California Building Code, all new construction and existing structures that are increased in size by 2,000 square feet or more and exceed 50% of the area of the existing structure located on parcels of land within the City of Newport Beach Hazard Reduction Zone, and Local Agency Very High Fire Hazard Severity Zones shall be built in accordance with the regulations found in Section 4904 and 4905 of this code. 4904.2 Authority. The Fire Chief or the fire code official shall have the authority to designate all Hazard Reduction Zones, and the City Council shall adopt, by ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to Government Code Section 51179(a). 17-15 Ordinance No. 2020-6 Page 4 of 8 4904.3 Plans. Fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a building permit. The plans shall be developed using the criteria set forth in the City's Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standard" and G.04 "Fuel Modification Plans and Maintenance Standards for Conversion from a Hazard Reduction Zone to Fuel Modification Zone". 4904.4 Alterations. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved by the fire code official. 4904.5 Issuance of grading or building permits. No grading permit or building permit shall be issued for new and qualifying additions to existing structures prior to approval by the fire code official of the submitted fuel modification plan as required by this section. 4904.6 Street widths. The minimum width of private and public streets shall not be less than 28 feet (8.53 m). Private streets and driveways serving no more than three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less than 24 feet (7.32 m) in width. SECTION 4905 BUILDING CONSTRUCTION FEATURES 4905.1 Proximity to property lines. New structures built to the requirements of Section 7A of the California Building Code shall not be less than three feet (.915 m) from an adjacent property line. A three foot wide area shall be maintained free of obstructions at all times. Exception: Refuse cans for residential use. 4905.2 Combustible construction prohibited. No attached or detached buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or placed in the 20 -foot Zone A setback, as described in the City's Guidelines and Standards G.02 "Fuel Modification Plans and Maintenance Standards For Developments" unless completely constructed of non-combustible materials. SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE MAP 4906.1 Map. The Fire Chief and fire code official shall cause an official map of the Hazard Reduction Zones to be prepared. The City Council shall adopt or has adopted by ordinance a map of the Local Agency Very High Fire Hazard Severity Zones. These maps shall be reviewed, updated or amended as deemed necessary. 17-16 Ordinance No. 2020-6 Page 5 of 8 SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4907.1 General. Defensible space will be maintained around all buildings and structures in a State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270 et seq. Buildings and structures within the Very -high Fire Hazard Severity Zones of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code Sections 51175-51189 and any local ordinance of the authority having jurisdiction. 4907.2 Equipment prohibited without a spark arrestor. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining Local Agency Very High Fire Hazard Severity Zones, any internal combustion engine which uses hydrocarbon fuel, unless the engine is equipped with a spark arrestor as defined in Section 4907.4 of the Fire Code and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire pursuant to this Code. 4907.3 Spark arrestor installation. Spark arrestors affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 4907.4 Spark arrestor design. A spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 4907.5 Spark arrestor exemption for vehicles. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere and the turbocharger is in effective mechanical condition. 17-17 Ordinance No. 2020-6 Page 6of8 SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE HAZARDOUS SEVERITY ZONES 4908.1 General. The Fire Chief or fire code official shall determine and publicly announce when Local Agency Very High Fire Hazard Severity Zones shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Local Agency Very High Fire Hazard Severity Zones, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Local Agency Very High Fire Hazard Severity Zone is closed to entry, is prohibited. Exceptions: 1. Residents and owners of private property within Local Agency Very High Fire Hazard Severity Zones and their invitees and guests going to or being upon their lands. 2. Entry in the course of duty by peace or police officers, other duly authorized public officers, and members of a fire department. SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES; AND HAZARD REDUCTION ZONES 4909.1 General. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause a fire shall not be operated or used in or upon Local Agency Very High Fire Hazard Severity Zones, except by permit from the fire code official. Exception: Use within habited premises which are a minimum of 30 feet (914 m) from grass or brush covered areas. Flame -employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon a Local Agency Very High Fire Hazard Severity Zone. Exception: The proper use of a fusee at the scene of emergencies. SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES AND HAZARD REDUCTION ZONES 4910.1 General. Open fires or burning shall not be built, ignited or maintained in or upon Local Agency Very High Fire Hazard Severity Zones, identified Wildland- Urban Interface Areas and Hazard Reduction Zones, except by permit from the fire code official. 17-18 Ordinance No. 2020-6 Page 7 of 8 Exception: Fires located within the property boundary of inhabited premises or designated campsites where such fires are built in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9.14 m) from grass or brush covered areas. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires or burning shall not be conducted in or upon Local Agency Very High Fire Hazard Severity Zones, identified Wildland-Urban Interface Areas, or Hazard Reduction Zones under the following conditions: 1. When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25 MPH. 2. When a person age 18 or over is not present at all times to watch and tend such fire. 3. When public announcement is made that open burning is prohibited. 4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES 4911.1 General. Recreational fires built, installed, or maintained in Local Agency Very High Fire Hazard Severity Zones, identified Wildland-Urban Interface Areas or Hazard Reduction Zones shall only use natural gas or propane fuel. Combustible solid fuels are prohibited regardless if a spark arrestor is utilized. Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen, lid, or door. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. 17-19 Ordinance No. 2020-6 Page 8 of 8 Section 4: The action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines") because the code amendment will not result in a reasonably foreseeable physical change to the environment. Additionally, the code amendment is exempt from the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This code amendment itself does not authorize development that would directly result in physical change to the environment. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regularly scheduled meeting of the City Council of the City of Newport Beach held on the 11 th day of February, 2020, and was adopted at a regular meeting on the 25th day of February, 2020, by the following vote to wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ARO C. HARP, CITY ATTORNEY 17-20