HomeMy WebLinkAbout2016-118 - Setting Forth Findings Based on Local Conditions within the City of Newport Beach which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the CaRESOLUTION NO. 2016-118
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 INTERNATIONAL
PROPERTY MAINTENANCE CODE, THE CALIFORNIA BUILDING CODE,
THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL
CODE, THE CALIFORNIA MECHANICAL CODE, AND THE CALIFORNIA
PLUMBING 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, 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 2016 California Building Code
based on the 2015 International Building Code of the International Code Council, the 2016
California Residential Code based on the 2015 International Residential Code, the 2016
California Green Building Standards Code, the 2016 California Plumbing Code based on
the 2015 Uniform Plumbing Code of the International Association of Plumbing and
Mechanical Officials, the 2016 California Mechanical Code based on the 2015 Uniform
Mechanical Code of the International Association of Plumbing and Mechanical Officials,
and the 2016 California Electrical Code based on the 2014 National Electrical Code of the
National Fire Protection Association, the 2016 California Energy Code, the 2016 Historical
Code, the 2016 Existing Building Code (hereinafter referred to collectively as "Codes");
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make
modifications or changes to the Codes, 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 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, the Chief Building Official has recommended that changes and
modifications be made to the Codes and have advised that these changes and
modifications to the model codes are reasonably necessary due to local conditions in the
City and have further advised that the remainder of said changes and modifications are
administrative or procedural in nature; and
Resolution No. 2016-118
Page 2 of 7
WHEREAS, a copy of this resolution together with the ordinance adopting the City
Codes 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 State law (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 the 2016 Editions of the International Property Maintenance Code,
California Building Code, California Residential Code, California Electrical Code, California
Mechanical Code, and California Plumbing Code, as recommended by the Chief Building
Official are hereby found to be necessary due to local climatic, geographic or topographic
conditions:
INTERNATIONAL PROPERTY
MAINTENANCE CODE SECTION
JUSTIFICATION/EXPRESS FINDINGS
303.2 (Enclosures)
Make consistent with the California
Building Code
CALIFORNIA BUILDING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
105.2 (Work Exempt from Permit)
a, b, c, d, e, f, g, h
701A.1 (Scope)
d, e, f
701A.3 (Delete Exception #4)
d, e, f
701A.3.1 (Delete Exception #2)
d, e, f
702A (Def. Unenclosed Covered Structure)
d, e, f
708A.2 (Exterior Glazing)
d, e, f
708A.2.1 (Skylight)
d, e, f
710A.3 (Accessory Structures)
d, e, f
710A.4 (Requirements)
a, b, c, d, f, h
902 (Building Area)
c, d, e, f
903.2 (Sprinkler Requirement Commercial)
c, d, e
Resolution No. 2016-118
Page 3 of 7
903.2.8 (Sprinkler Requirement Residential)
c, d, e
1505.1 (Minimum Roof Covering)
d, e, f
1505.1.3 (Roof Coverings Within all Other
Areas)
d, e, f
1704.2.1 (Special Inspector Qualifications)
g, h,
1812 (Earth Retaining Shoring)
b, g, h
1905.1.7 (Delete Exceptions 1 through 3)
g, h
3109.4.4.2 (Pool Safety Features)
j, k,
CALIFORNIA RESIDENTIAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R115 (Existing Buildings)
a, b
R301.1.1.1 (Deleted)
e, f, g, h
R301.1.3 — R301.1.3.3 (Engineered Design)
a, b, d, c, g, h, i, j
R301.2.4—R301.2.4.1 (Floodplain
Construction)
R309.3 (Flood Hazard Areas)
i, j
R313 (Replaced with CBC 903.2.8)
a, b, c, e, i
R319.1 (Address Identification)
k, I
R322 (Adding Floodplain Management
Ordinance)
R326 (Swimming Pools, Spas, and Hot Tubs)
Additional reference to California
Building Code
R337 (Materials and Construction Method of
Exterior Wildfire Exposure)
Additional reference to California
Building Code
R341 (Sound Transmission)
I
R401.4 (Geotechnical Investigations)
a, b, c, g, h, i
R404 (Foundation and Retaining Walls)
a, b, c, g, h, i
R405.1 (Basement Wall Drainage)
i, j
Resolution No. 2016-118
Page 4 of 7
R409 (Earth Retaining and Shoring)
a, b, c, g, h, i
R902 (Roof Classification)
d, e, f,
CALIFORNIA ELECTRICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
R342.10 (Atmospheric Conditions and
Occupancies)
i, j
R344.10 (RMC — Uses Permitted)
i, j
R358.10 (EMT — Uses Permitted)
i, j
CALIFORNIA MECHANICAL CODE
SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
CALIFORNIA PLUMBING CODE SECTIONS
JUSTIFICATION/EXPRESS FINDINGS
103.5 (Modifications)
Make consistent with the California
Building Code
107.1 (Appeals)
Make consistent with the California
Building Code
a. The City of Newport Beach 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 a rapid response. Obstacles generated by a strong wind, such
as fallen trees, street lights and utility poles, and the requirement to climb up flights
of stairs will greatly impact the response time to reach an incident scene.
Additionally the amount of wind force at 60 ft. above the ground puts rescue
personnel at increased risk of injury when they are using aerial -type firefighting
apparatus above this height.
Resolution No. 2016-118
Page 5 of 7
b. The City of Newport Beach is located in a seismically active area. The public water
system may be likely damaged after a major seismic event. This would leave tall
buildings 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.
C. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and due to the
seismic activity 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) requirements for a given structure.
d. Many areas of Newport Beach have developments abutting wildland and canyons with
significant growths of vegetation of a highly combustible nature, classified as Very
High Fire Hazard Severity Zones.
e. The City of Newport Beach, especially the foothill areas, is geographically located in
an area periodically subject to high temperature dry Santa Ana wind conditions of high
velocity. Moreover, the topographical conditions of the foothill areas and canyons
contained therein tend to accelerate the periodic high velocity winds by means of a
venturi effect. The use of non -rated or special purpose roofing materials as roof
coverings within the City of Newport Beach may create an inordinate fire hazard
during periods of high velocity winds when fire may spread across buildings with roof
coverings of non -rated combustible materials.
f. Embers from chimneys without spark arresters within the City of Newport Beach,
including the foothill areas, coupled with the climatic, topographic and geographic
conditions described herein above, may permit the throwing of sparks, embers and
cinders upon non -rated and special purpose roofing material roofs during periods of
high velocity winds, thereby creating a fire hazard which in turn may spread
throughout areas where the roofs of structures are covered with wood shakes and
shingles.
g. The City of Newport Beach is subject to seismic activity which may result in damage to
existing structures that do not comply with current code. Repair of earthquake
damage according to California Existing Building Code requires upgrading the existing
building to a standard higher than that to which it was built, which creates a financial
hardship for the building owner to repair an earthquake -damaged structure or
strengthen it prior to a seismic event. The California Existing Building Code provides a
reasonable performance standard for strengthening and repair of structures. The
Federal Emergency Management Agency ("FEMA") requires adoption of performance
standards for the repair of damaged structures as a condition of financial assistance
after disasters.
Resolution No. 2016-118
Page 6 of 7
h. The City of Newport Beach is located in a seismically active area. There are
earthquake faults that run along both the northeastern and southwestern
boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which
runs through Orange County was the source of the destructive 1933 Long Beach
earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120
lives, with areas damaged from Laguna Beach to Marina del Rey and inland to
Whittier, and poses one of the greatest hazards to lives and property in the nation.
Regional planning for reoccurrence is recommended by the State of California,
Department of Conservation. There was also an earthquake in December 1989,
with the epicenter located near the City of Irvine. The fault on which this quake
occurred was unknown prior to this activity. The City of Newport Beach contains
hilly areas subject to landslides and coastal areas subject to liquefaction.
I. The City of Newport Beach has coastal and bay front areas with sandy soils and a
shallow water table at the same elevation as bay water elevation which fluctuates
with the tide. Sandy soils and high ground water level may cause the soils to liquefy
during a seismic event.
j. The City of Newport Beach contains low lying coastal areas subject to flooding from
sustained rain with tides which hinders drainage to the bay. Certain other areas such
as Balboa Island are subject to water surges from drainage through back bay. Other
oceanfront areas are subject to flooding from storm -driven surf. West Newport Beach
is subject to flooding from the Santa Ana River. The City of Newport Beach
participates in the Federal Flood Insurance Program and has adopted a FEMA -
required flood management ordinance with flood mitigation measures including
construction requirements contained in Newport Beach Municipal Code Chapter
15.50.
k. Newport Beach is located in Southern California and can be subject to air pollution,
water and power shortages, climate change, and potential pollution of bay water.
Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography.
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.
Resolution No. 2016-118
Page 7 of 7
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, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
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 7t' day of November, 2016.
ATTEST:
af-
Jbok'
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
i
w1
Aaron C. Harp
City Attorney
4i�a=B'.ixon
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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; that the foregoing resolution, being Resolution
No. 2016-118 was duly introduced before and adopted by the City Council of said City at a special meeting
of said Council held on the 7th day of November, 2016, and that the same was so passed and adopted by
the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 8'h day of November, 2016.
Ng" 0A,
Leilani I. Brown, MMC `
City Clerk
Newport Beach, California
(Seal)