HomeMy WebLinkAbout2020-22 - 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
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ATTEST -
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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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
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