CC 2013-09-24_11.a. Ordinance - Building, Fire, and Construction CodesTO:
FROM:
BY:
SUBJECT:
DATE:
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MEMORANDUM
CITY COUNCIL
TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
JOHNATHAN R. HURST, BUILDING OFFICIA~
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING
PORTIONS OF. TITLE 8 (FIRE CODE) AND TITLE 15 (BUILDING AND
CONSTRUCTION CODES) OF THE ARROYO GRANDE MUNICIPAL
CODE
SEPTEMBER 24, 2013
RECOMMENDATION:
It is recommended the City Council: 1) Introduce an Ordinance amending portions of
Arroyo Grande Municipal Code Chapters 8.04 and 8.08 related to the adoption of the
California Fire Code and the International Fire Code; and amending portions of Chapter
15.04 related to the adoption of the California Building Code, California Residential
Code, California Electrical Code, California Mechanical Code, California Plumbing
Code, California Green Building Code, California Energy Code, California Historical
Building Code and the International Property Maintenance Code; and 2) Schedule a
public hearing for October 8, 2013, in accordance with the requirements of Government
Code Section 50022.3, to consider adoption of the Ordinance.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No fiscal impact.
BACKGROUND:
The State's Health and Safety Code requires local governments to adopt the most
recent editions of the model codes related to fire and life safety. The construction codes
include the California Building, Fire, Residential, Plumbing, Mechanical, and Electrical
Codes, the Green Building Code, and other related codes. If the City Council adopts the
proposed Ordinance, the most recent editions of the model building standards and
construction codes with the applicable amendments will be in effect within the City of
Arroyo Grande as required by State law.
In accordance with Government Code Section 50022.3 relating to the adoption of codes
by reference, after the first reading of the title of the Ordinance and of the title of the
codes to be adopted thereby, a public hearing is to be scheduled and notice provided in
accordance with the statute. It is recommended that the public hearing be set for
October 8, 2013.
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Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
SEPTEMBER 24, 2013
PAGE2
ANALYSIS OF ISSUES:
The State's Health and Safety Code (Section 17958) mandates that the California
Building Standards Commission adopt and publish the California Building Standards
Code (Title 24 California Code of Regulations) every three (3) years. The 2013 Edition
of the California Code of Regulations Title 24, which incorporates the below-listed
model codes, becomes effective statewide on January 1, 2014. If approved, the
proposed Ordinance would amend Chapters 8.04 and 15.04 by repealing references to
the prior editions of the model building standards and construction codes.
The list below identifies the 2013 model codes upon which Title 24 is based:
California Building Standards Code
2013 California Building Code
2013 California Residential Code
2013 California Fire Code
2013 California Plumbing Code
2013 California Mechanical Code
2013 California Electrical Code
2013 California Existing Building Code
2013 California Green Building Code
Reference Model Code
2012 International Building Code (ICC)
2012 International Residential Code (ICC)
2012 International Fire Code (ICC)
2012 Uniform Plumbing Code (IAPMO)
2012 Uniform Mechanical Code (IAPMO)
2011 National Electrical Code (NFPA)
2012 International Existing Building Code
(ICC)
The model building standards and construction codes proposed for adoption by
reference with amendments include the following:
2013 California Building Code
2013 California Residential Code
2013 California Fire Code
2013 California Plumbing Code
2013 California Mechanical Code
2013 California Electrical Code
2013 California Existing Building Code
2013 California Green Building Code
2013 Historical Building Code
2013 Energy Code
The 2012 International Property Maintenance Code is also proposed for adoption by
reference with amendments. This code is based upon and is consistent with the
provisions found in the California Building Code. The benefit of adopting this additional
code is to provide building and fire inspectors/officials and plan examiners with further
clarification of the intent and the applicability of the California Building Code when
presented with a variety of construction issues.
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
SEPTEMBER 24, 2013
PAGE3
The Building and Life Safety Division is recommending that these changes and
modifications be made to the codes and are advising that certain changes and
modifications to the 2013 Editions of the California Building, Residential, Fire, Plumbing,
Mechanical, Electrical, Existing Building and Green Building Code are reasonably
necessary due to local conditions in the City of Arroyo Grande. Other modifications are
of an administrative or procedural nature and concern themselves with subjects that are
not covered by the Codes or are reasonably necessary to safeguard life and property
within the City of Arroyo Grande.
The most significant changes include the provision of non-water urinals, also known as
waterless urinals. Significant model code changes have specified the installation
standards for non-water urinals but do not specify when the urinals are to be installed.
In an effort to make more efficient use of natural resources, the installation of these
water saving devices will reduce the local demand for water.
The proposed Ordinance sets forth a number of specific, detailed findings, as required
by Health and Safety Code Sections 18941.5 and 17958. 7, that are necessary to enable
the City to amend the new building and related codes to meet the City's local conditions.
The proposed Ordinance updates sections of the Municipal Code by amending the 2013
editions of the California Building, Residential, Fire, Plumbing, Mechanical, Electrical
Code and Green Building Code.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Introduce the Ordinance and schedule a public hearing for October 8, 2013;
2. Modify the Ordinance and then introduce and schedule a public hearing;
3. Make other modifications as appropriate and approve staffs recommendation;
4. Provide direction to staff.
ADVANTAGES:
Adoption of this Ordinance will keep the City of Arroyo Grande current and compliant
with State law in regards to construction and building codes. The adoption of this
Ordinance will also lower the City's ISO rating, which has the potential of lowering
insurance rates citywide.
Item 11.a. - Page 3
CITY COUNCIL
CONSIDERATION OF A PROPOSED ORDINANCE AMENDING PORTIONS OF TITLE
8 (FIRE CODE) AND TITLE 15 (BUILDING AND CONSTRUCTION CODES) OF THE
ARROYO GRANDE MUNICIPAL CODE
SEPTEMBER 24, 2013
PAGE4
DISADVANTAGES:
In general, the new model codes and amendments will require more stringent
requirements for construction. However, these requirements provide for safer and more
energy efficient buildings.
ENVIRONMENTAL REVIEW:
The project is exempt from CEQA per CEQA Guidelines Section, 15061(b)(3).
PUBLIC NOTIFICATION AND COMMENTS:
Staff met with representatives from neighboring jurisdictions to discuss the proposed
Ordinance and amendments. The Agenda was posted in front of City Hall on Thursday,
September 19, 2013 and the Agenda and staff report were posted on the City's website
on Friday, September 20, 2013.
Item 11.a. - Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL
CODE CHAPTERS 8.04 AND 8.08 RELATED TO THE ADOPTION OF
THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE;
AND AMENDING PORTIONS OF CHAPTER 15.04 RELATED TO THE
ADOPTION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA GREEN BUILDING CODE CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA
HISTORICAL BUILDING CODE AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE
WHEREAS, the City of Arroyo Grande ("City") is a municipal corporation organized
under the laws of the State of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of
California ("State") must adopt and enforce regulations for the protection of the public
governing the construction, alteration, demolition, occupancy, or other use of buildings;
and
WHEREAS, pursuant to California Health and Safety Code Section 17958, cities
may adopt ordinances imposing the California Building Standards requirements as
established by the State; and
WHEREAS, the City desires to amend its municipal code to adopt more recent editions
of the California Building Standards codes established by the State; and
WHEREAS, pursuant to California Health and Safety Code Section 17958.7, a city
may modify the State code requirements if it makes express findings that such
modification is reasonably necessary because of local climatic, geological, or
topographical conditions; and
WHEREAS, the City Council finds that in order to enhance the public health, safety and
welfare it is in the best interest of the community to require the use of waterless urinals
at certain commercial business locations having a regular restroom maintenance
schedule; and
WHEREAS, the City Council further finds that the requirement for the use of waterless
urinals at these locations will protect the environment by promoting the efficient use of
water as a natural resource, by reducing local demand for water, and by reducing
energy usage resulting from the decreased need to treat wastewater discharge in the
municipal sewer system; and
WHEREAS, it is the desire and intent of the City Council to provide citizens with the
greatest degree of protection from fire; and
Item 11.a. - Page 5
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PAGE2
WHEREAS, the State Fire Marshal has determined that there is a serious fire and
safety hazard associated with sky lanterns, which includes the potential to start
unintended fires; and
WHEREAS, the City Council desires to protect the lands, fields, buildings and homes
within the City of Arroyo Grande from the danger of fire by prohibiting the igniting and
launching of sky lanterns; and
WHEREAS, additionally, by this Ordinance, the City Council desires to make general
corrections to its municipal code in order to ensure internal consistency with other
modifications set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. That each of the changes or modifications to measures referred to herein are
reasonably necessary because of local climatic, geographical, or topographical conditions in the
area encompassed by the boundaries of the City of Arroyo Grande and the findings set forth in
Exhibit "A", attached hereto and incorporated herein, are hereby adopted and support the local
necessity for the changes or modifications.
SECTION 3. Arroyo Grande Municipal Code ("AGMC") Section 8.04.010, entitled
"Adoption of the California Fire Code", is hereby amended as follows:
8.04.010 Adoption of California Fire Code.
There is hereby adopted for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous materials or
explosion, that certain code known as the 2013 California Fire Code, including
Appendix Chapters 4, A, B, BB, C, CC, D, and H the 2012 International Fire Code,
and the 2012 International Property Maintenance Code as published by the
International Code Council, the whole thereof, save and except such portions as are
hereinafter deleted, modified or amended by the rest of this chapter, one copy of
which has been and is now filed in the office of building and life safety of the city of
Arroyo Grande and the same is hereby adopted and incorporated as fully as if set
out in full herein, and from the date on which this ordinance shall take effect, the
provision thereof shall be controlling within the limits of the city of Arroyo Grande.
SECTION 4. AGMC Section 8.04.016, entitled "Section 109.3 Amended: Violation
Penalties", is hereby amended as follows:
8.04.016 Section 109.4 amended: Violation penalties.
A. Section 109.4 of the 2013 California Fire Code is amended to read as follows:
Persons who shall violate the provisions of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair or do
Item 11.a. - Page 6
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PAGE3
work in violation of the approved construction documents or directive of the fire
chief or the building official, or of a permit or certificate used under provisions of
this code, shall be guilty of a misdemeanor, punishable by a fine of not more
than $1,000 [one thousand] dollars or by imprisonment not exceeding six
months, or both such fine and imprisonment. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
SECTION 5. AGMC Section 8.04.018, entitled "Section 114 .. 4 amended: Failure to
comply", is hereby amended as follows:
8.04.018 Section 111.4 amended: Failure to comply.
A. Section 111.4 of the 2013 California Fire Code is amended in its entirety to read
as follows:
Any person who shall continue any work after having been served with a stop
work order, except such work as the person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less than triple the
amount charged for the original permit fee(s) or $1,000, provided, however, that
the maximum fine shall not exceed $1,000. Each day that a violation continues
shall be deemed a separate offense.
SECTION 6. AGMC Section 8.04.020, entitled "Section 903 amended -Approved
automatic sprinkler systems" is hereby amended as follows:
8.04.020 Section 903 amended -Approved automatic sprinkler systems.
A. Section 903.2 of the 2013 California Fire Code is amended in its entirety to read
as follows:
Approved automatic sprinkler systems shall be installed in the following
locations:
1. In all new buildings and structures that exceed 1,000 square feet, except
group R-3 and U occupancies and agricultural buildings.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results in
a total square footage in excess of 1,000 (one thousand) square feet;
b. Throughout existing structures where alterations encompass more than
50% of the existing square footage of the structure AND is in excess of
1,000 (one thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building
Official or Fire Chief;
c. These requirements will be applicable to the combined square footage
of all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet shall
be considered as a single building or structure.
Item 11.a. - Page 7
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PAGE4
SECTION 7. AGMC Section 8.04.022, entitled "Appendix D 2010 California Fire Code
section 0107.1", is hereby amended as follows:
8.04.022 Appendix D 2013 California Fire Code Section 0107 .1.
Appendix D 2013 California Fire Code section 0107.1 is hereby amended as
follows: delete exception 1.
SECTION 8. AGMC Section 8.04.026, entitled "Definitions", is hereby amended to read
as follows:
8.04.026 Definitions.
A. Whenever the word "jurisdiction" is used in the California Fire Code or in this
chapter, it shall mean the city of Arroyo Grande.
B. Wherever the term "city council" is used in the California Fire Code or in this
chapter, it shall mean the city council of the city of Arroyo Grande.
C. SKY LANTERN. An airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open
flame which serves as a heat source to heat the air inside the lantern to cause it to lift
into the air. Sky candles, fire balloons and airborne paper lanterns mean the same as
sky lanterns.
SECTION 9. AGMC Section 8.04.032, entitled "Sky Lanterns", is hereby added as
follows:
8.04.032 Sky Lanterns
Section 308.1.6 of the 2013 California Fire Code, is hereby amended by adding a
new subsection, 308.1.6.3, as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
(a) When necessary for religious or cultural ceremonies and adequate
safeguards have been taken in the discretion of the fire code official. Sky Lanterns
must be tethered in a safe manner to prevent them from leaving the area and must
be constantly attended until extinguished.
SECTION 10. AGMC Section 8.04.028, entitled "Amendments-2009 International
Property Maintenance Code", is hereby amended as follows:
8.04.028 Amendments -2012 International Property Maintenance Code.
A. All references within the code to the International Code, as adopted by
Section 15.04.010(J), shall read: California Code.
Item 11.a. - Page 8
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PAGES
B. The following section of the 2012 International Property Maintenance Code is
amended in its entirety to read as follows:
Section 112.4-Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as the
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine of not less than triple the amount charged for the original
permit fee(s) or $1,000 provided, however, that the maximum fine shall not
exceed $1,000. Each day that a violation continues shall be deemed a
separate offense.
SECTION 11. AGMC Section 8.04.030, entitled "Section 103 amended -Fees", is
hereby amended as follows:
8.04.030 Section 103 amended -Fees.
Section 103.5 of the 2012 International Property Maintenance Code, entitled
"Fees," is amended in its entirety to read as follows:
103.5 Fees. The fees for activities and services performed by this
department in carrying out its responsibilities under this code shall be set and
amended from time to time by resolution of the City Council.
SECTION 12. AGMC Section 8.08.020, entitled "Amendment to Fire Code", is hereby
amended as follows:
8.08.020 Amendment to Fire Code.
California Fire Code Chapter 56 is amended to add the following provisions
regarding the sale and use of fireworks, Class C ("Safe and Sane").
SECTION 13. AGMC Section 15.04.010, entitled "Building and construction codes
adopted", is hereby amended as follows:
15.04.01 O Building and construction codes adopted.
A. California Building Code. The 2013 California Building Code, including the
2012 International Building Code and Appendix Chapters , B, G, I and J, as
amended, is adopted by the city of Arroyo Grande and incorporated herein
by this reference as though set forth in full.
B. California Residential Code. The 2013 California Residential Code, including
the 2009 International Residential Code and Appendix chapters G, H, J, and
K, as amended, is adopted by the city of Arroyo Grande and incorporated
herein by this reference as though set forth in full.
C. California Electrical Code. The 2013 California Electrical Code is adopted by
the city of Arroyo Grande and incorporated herein by this reference as
though set forth in full.
Item 11.a. - Page 9
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PAGE&
D. California Mechanical Code. The 2013 California Mechanical Code, including
all of the appendix chapters, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full.
E. California Plumbing Code. The 2013 California Plumbing Code, as amended,
including all of the appendix chapters, is adopted by the city of Arroyo
Grande and incorporated herein by this reference as though set forth in full.
F. California Energy Code. The 2010 California Energy Code, including all of
the appendix chapters, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full
G. California Historical Building Code. The 2013 California Historical Building
Code, including all appendix chapters, is adopted by the city of Arroyo
Grande and incorporated herein by reference as though set forth in full.
H. California Existing Building Code. The 2013 California Existing Building Code
is adopted by the city of Arroyo Grande and incorporated herein by this
reference as though set forth in full.
I. California Green Building Code. The 2013 California Green Building Code,
without appendices, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full.
J. International Property Maintenance Code. The 2012 International Property
Maintenance Code, as amended, is adopted by the city of Arroyo Grande
and incorporated herein by this reference as though set forth in full.
SECTION 14. AGMC Section 15.04.024, entitled "Section 903.2: Approved automatic
sprinkler systems", is hereby amended as follows:
15.04.024 Section 903.2 amended: Approved automatic sprinkler systems.
A. Section 903.2 of the 2013 California Building Code is amended in its entirety
to read as follows:
Approved automatic sprinklers systems shall be installed:
1. In all new buildings and structures that exceed 1,000 square feet, except
group R-3 and U occupancies and agricultural buildings.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results
in a total square footage in excess of 1,000 (one thousand) square
feet;
b. Throughout existing structures where alterations encompass more
than 50% of the existing square footage of the structure AND is in
excess of 1,000 (one thousand) square feet OR where there is a
change of occupancy to a more hazardous use as determined by the
Building Official or Fire Chief;
c. These requirements will be applicable to the combined square footage
of all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet
shall be considered as a single building or structure.
Item 11.a. - Page 10
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PAGE7
SECTION 15. AGMC Section 15.04.026, entitled "Section R313 of the 2010 California
Residential Code", is hereby amended as follows:
15.04.026 Section R313 of the 2013 California Residential Code.
Section R313 of the 2013 California Residential Code is hereby amended as
follows:
R313.1. Townhouse automatic fire systems. An automatic residential fire
sprinkler system shall be installed in townhouses as follows:
A. In all R-3 and U occupancies private garages and carports accessory to:
1. Including all attached structures;
2. Including all structures within 10 feet
B. In additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results in a
total square footage in excess of 1,000 (one thousand) square feet;
2. Throughout existing structures where alterations encompass more than
50% of the existing square footage of the structure AND is in excess of
1,000 (one thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building
Official or Fire Chief;
3. These requirements will be applicable to the combined square footage of
all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet shall
be considered as a single building or structure.
R313.2. One and two-family dwellings automatic fire systems. An automatic
residential fire sprinkler system shall be installed in one and two-family dwellings
as follows:
A. In all R-3 and U occupancies private garages and carports accessory to:
1. Including all attached structures;
2. Including all structures within 10 feet;
B. In additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results in a
total square footage in excess of 1,000 (one thousand) square feet.
2. Throughout existing structures where alterations encompass more than
50% of the existing square footage of the structure AND is in excess of
1,000 (one thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building
Official or Fire Chief.
3. These requirements will be applicable to the combined square footage of
all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet shall
be considered as a single building or structure.
Item 11.a. - Page 11
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PAGES
R313.3.1.1 Required sprinkler locations. Sprinklers shall be installed to protect all
areas of a dwelling unit.
Exceptions:
Delete exception 4.
SECTION 16. AGMC Section 15.04.028, entitled "Section 403.3.2 of the California
Plumbing Code -Nonwater urinals installation and maintenance", is hereby added to
the AGMC as follows:
15.04.028 Section 403.3.2 of the California Plumbing Code -Nonwater
Urinals Installation and Maintenance.
Nonwater urinals shall be installed in all new commercial buildings anticipated for
use by restaurants, fast-food restaurants, coffee shops, retail stores, movie
theatres, etc. Nonwater urinals shall be installed in all restroom remodels
anticipated for use by restaurants, fast-food restaurants, coffee shops, retail
stores, movie theatres, etc. Retrofits at such locations shall convert existing
urinals to waterless urinals. The owner of the building or manager of the business
occupying the building shall provide and maintain a maintenance log near the
fixture that records the frequency of seal and trap replacements. Such
maintenance log shall be available during operating hours for inspection by the
Building Official.
Exceptions:
1. Simple replacement of urinal fixtures where preexisting copper or other similar
plumbing not conducive to the use of waterless urinals due to the potential for
erosion and damage is in use.
2. Similar situations where, in the opinion of the Building Official, the use of
waterless urinals is not appropriate.
3. In such situations where waterless urinals are found to be inappropriate by the
Building Official based upon existing plumbing features or other preexisting
conditions, the installation of High Efficiency Urinals using less than or equal to
0.5 gallons of water to convey liquid waste (urine) into the gravity drainage
system shall be required.
SECTION 17. Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 18. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 19. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
Item 11.a. - Page 12
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PAGE9
declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
On motion of Council Member , seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this ___ day of October 2013.
Item 11.a. - Page 13
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TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 11.a. - Page 14
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EXHIBIT "A"
Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City
of Arroyo Grande ("City") hereby modifies and make amendments to the California Fire
Code, the California Building Code, and the California Residential Code as further set
forth in the attached ordinance (collectively referred to herein as "Amendments"), which
Amendments are more restrictive in nature than those found in those sections adopted
by the State of California and are based on the local climatic, geological, or
topographical conditions and findings (collectively "Findings") referenced herein below.
The Amendments, address the fire problem(s) and building problem(s), concern(s), and
future direction(s), by which the City can establish and maintain an environment which
will afford an adequate level of fire and life safety protection to its citizens and guests.
The Findings contained herein shall address each of the Amendments and shall present
the local situation, which either singularly or in combination, create the need for the
Amendments to be adopted.
CLIMATIC:
Climatically, the City has dry warm summer and early fall conditions (as well as
moderate late fall and winter conditions) with dry winds which remove moisture from
vegetation. Further, the City frequently experiences Santa Ana wind conditions which
exacerbate fire hazards and potential spread of fire within the area, both in rural and
urban settings.
Coastal ground fog is a common occurrence. This climatic condition could
obscure vision, compromising early detection of fire as well as impedes radio
deployment of fire equipment to and at the scene of the emergency.
GEOGRAPHIC:
Geographically, the City is located in an area prone to frequent seismic activity which
has a high potential for large scale, simultaneous building and infrastructure damage,
including fire. A major seismic event would create a community-wide demand on fire
protection services, which would be beyond the response capability of the Fire
Department. This potential problem can be partially mitigated by requiring initial fire
control through the installation of automatic fire protection systems. Further, the City
has numerous older and historic buildings and structures which can often fail due to
moderate seismic activity. Additions, alterations and repairs of these antiquated
structures need to be properly addressed.
Additionally, the many foothills and surrounding mountains are prime sites for residential
development. These hillside residential sites, together with isolated rural and semi-rural
settings of the City, create difficult conditions in which to provide immediate fire
response.
The City is heavily vegetated throughout and encourages native wildlife protection and
enhancement. As the community is developing and housing densities increase, the
planting of shrubs and trees and other landscape is encouraged to beautify and
enhance City living conditions. However, this increased density results in much higher
fuel loads and together with increased planting, and when combined with native
Item 11.a. - Page 15
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vegetation, significantly increases fire hazards and fire spreading from one dwelling or
structure to another.
TOPOGRAPHIC:
The topographic element of these findings is closely associated with the geographical
elements noted above. While the geographic features create the topographic conditions,
the findings in this section are, for the most part, a result of the construction and design
of the City.
Highway 101 completely traverses and bisects the City. There are only three
over/underpasses allowing access to either side of the City. These physical barriers
create significant barriers to emergency response.
With limited parking and as the community grows and commercial activity increases in
the City, delivery and other vehicles tend to double park. When added to already narrow
streets, cars parked on the sides of streets and traffic congestion (especially around
rush hour), emergency response times are highly affected.
The City encourages and emphasizes affordable housing development. This creates
buildings that provide minimum required clearances between structures and maximum
allowable height. Although these buildings are built with more stringent standards, the
reality is that this type of development creates significant barriers in terms of access and
fuel load for fire fighting purposes.
Item 11.a. - Page 16