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Home My WebLink About2020-22 - 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 TopoRESOLUTION 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; Resolution No. 2020-22 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. Resolution No. 2020-22 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. Resolution No. 2020-22 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. I ON e i I I r ATTEST - r 4AMt--- — Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney /.. UI C g, ORN1PP STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-22, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 25th day of February, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None ABSENT: Council Member Diane Dixon RECUSED: Mayor Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of February, 2020. Leilani I. Brown City Clerk Newport Beach, California 0,