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HomeMy WebLinkAbout2022-84 - Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the 2022 Edition of the California Fire Code as Reasonably Necessary Because of Local Climactic Geographic, or TopoRESOLUTION NO. 2022-84 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 2022 EDITION OF THE CALIFORNIA FIRE CODE AS REASONABLY NECESSARY BECAUSE OF LOCAL CLIMACTIC 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 2022 Edition of the California Fire Code based on the 2021 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 2022 Edition of the California Fire Code 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 Section17958.5, make express findings that such changes or modifications are needed due to local climatic, geographic, or topographic conditions; WHEREAS, the Fire Code Official has recommended that changes and modifications be made to the 2022 Edition of the California Fire Code and has advised that these changes and modifications to the 2022 Edition of the California Fire Code are reasonably necessary due to local conditions in the City and has further advised that the reminder of said changes and modifications are administrative or procedural in nature; and WHEREAS, a copy of this resolution together with the ordinance adopting the 2022 Edition of the California Fire Code 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. 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 2022 Edition of the California Fire Code as recommended by the Fire Code Official as necessary due to local climatic, geographic, or topographic conditions: Resolution No. 2022-84 Page 2 of 6 CALIFORNIA FIRE CODE SECTIONS JUSTIFICATION/EXPRESS FINDINGS 202 (Definitions) a, b, c, d, e, f, g, h, i 305 (Ignition Sources) a, b, c, i 307.4.2 (Beach, Camp and Recreational Fires a, b, c, i 308.1.1.1 (Fireplace) a, e, i 308.1.6.3 (Sky Lanterns) a, b, c, i 324 (Geological Surveys) d, e, f, g, h 503.2.1 (Dimensions) a, b, c, d, e, f, g, h 503.2.4 (Turning Radius) a, b, c, d, e, f, g, h 503.2.5 (Dead Ends) a, b, c, d, e, f, g, h 503.2.7 (Grade) a, b, c, d, e, f, g, h 503.4.1 (Traffic calming devices) a, b, c, d, e, f, g, h 503.6 (Security Gates) a, b, c, d, e, f, g, h 505.1.1 (Premises Identification) a, b, c, d, e, f, g, h 506.3 (Key Box Contents) a, b, c, d, e, f, g, h, i 510.1 (Emergency Responder Radio Coverage in New Buildings) a, b, c, d, e, f, g, h 510.2 (Deleted) a, b, c, d, e, f, g, h 510.4.2.2 (Technical Criteria) a, b, c, d, e, f, g, h, i 510.5.2 (Approval Prior to Installation) b,d,f,h a,c,e,g, 510.5.3 (Minimum Qualifications of Personnel) a, b, c, d, e, f, g, h 510.5.4 (Acceptance Test Procedure) a, b, c, d, e, f, g, h 510.6.1 (Testing and Proof of Compliance) a, b, c, d, e, f, g, h 511.1 (Building Information) a, b, c, d, f, h 903.2 (Where Required) a, b, c, d, e, f, g, h, i 903.2.8 (Group R) a, b, c, d, e, f, g, h, i 903.3 (Installation Requirements) a, b, c, d, e, f, g, h, i 907.1.6 (System Design) a, b, c, d, e, f, g, h, i Resolution No. 2022-84 Page 3 of 6 912.1.1 (Installation) a, b, c, d, e, f, g, h, i 912.2 (Location) a, b, c, d, e, f, g, h, i 1203.1.1.1 (Stationary Generators) d, e, f 3602.1 (Definitions) f, g 3603.6 (Berthing and Storage) e, f, g, h 3603.6.1 (Multiple Berthing) e, f, g, h 3603.6.2 (Permitted Multiple Berthing) e, f, g, h 3604.1 (General) e, f, g, h 3604.2 (Standpipes) e, f, g, h 4905.2.1 (Building Construction Features) a, b, i c, e, 4906.4.2 ( Trees) a, b, c, e, i 4907.3.1 (Defensible space requirements) a, b, c, e, i 5003.12 (Outdoor Control Areas) a, b, c, d, e, f, g, h 5004.1.1 (Maximum Quantity On Site) a, b, c, d, e, f, g, h 5601.1.2 (Explosive Material Terminals) a, b, c, i 5601.1.3 (Fireworks) a, b, c, i 5601.2.2 (Sale and Retail Display) a, b, c, i 5704.2.11.1 (Underground Tanks) a, b, c, i 5706.4 (Bulk Plants or Terminals) a, b, c, i B105.2 (Buildings other than one- and two- Family Dwellings, groups R-3 and R-4 buildings and townhouses a, b, c, d, e, f, g, h, i Resolution No. 2022-84 Page 4 of 6 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, will 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 the 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. 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. 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) that claimed 120 lives and damaged areas from Laguna Beach to Marina del Rey and inland to Whittier. The NIFZ 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 contains hilly areas subject to landslide and coastal areas subject to liquefaction. Resolution No. 2022-84 Page 5 of 6 e. 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. f. The City is located in a low to moderate tsunami area. These seismic sea waves have the ability to flood large sections of the low-lying areas. These flood conditions also impact the response and activity level of the Fire Department. g. The City contains low-lying coastal areas subject to flooding from sustained rain with tide which hinders drainage to the bay. Certain other areas such as Balboa Island are subject to water surges from drainage through the Back Bay. The southern boundary of the City is along the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves that can cause flooding in areas of the city. h. Along part of the western boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities until it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is contained in a man-made channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. West Newport Beach is subject to flooding from the Santa Ana River. 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. Resolution No. 2022-84 Page 6 of 6 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. 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 15th day of November, 2022. ATTEST: Leilani I. Brown, y City Clerk CgL,F0RN% APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE ss. CITY OF NEWPOR T BEACH 1 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. 2022-84 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 151h day of November, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None ABSENT: Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 161h day of November, 2022. Leilani I. Brown City Clerk Newport Beach, California From: HCD Building Standards(cbHCD To: man. Eric Cc: Brown, Leilani Subject: RE: Ordinance Filing: City of Newport Beach Date: December 02, 2022 10:25:14 AM Attachments: imaae001.Dna image003.pnng [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello, Thank you for contacting the California Department of Housing and Community Development (HCD). We are in receipt of your submitted correspondence. A HCD Representative will reach out if there are any questions or comments. Thank you, Tyler Mayo Codes and Standards Representative From: Bryan, Eric <EBryan@newportbeachca.gov> Sent: Friday, December 2, 2022 10:11 AM To: HCD Building Standards@HCD <HCDBuildingStandards@hcd.ca.gov> Cc: Brown, Leilani <LBrown@newportbeachca.gov> Subject: Ordinance Filing: City of Newport Beach Hello: Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title 15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24. Please acknowledge receipt. Thank you, Eric Bryan, CRM/CIGO Deputy City Clerk, City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 1 92660 T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Bryan, Eric To: ordinancefilinas(c0das.ca.a0v Cc: Brown, Leilani Subject: Ordinance Filing: City of Newport Beach Date: December 02, 2022 10:11:36 AM Attachments: imaae001.Dna Resolution 2022-83.Ddf Resolution 2022-84.Ddf Ordinance 2022-26.Ddf Ordinance 2022-27.Ddf image003.pnng Hello: Attached hereto is the City of Newport Beach's adopted Resolutions and Ordinances amending Title 15 (Building and Construction) and Title 9 (Fire Code) as set forth in Title 24. Please acknowledge receipt. Thank you, Eric Bryan, CRM/CIGO Deputy City Clerk, City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 192660 T 949-644-30061 F 949-644-3039 1 ebryan(@newportbeachca.gov Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.