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JULY 10 1911
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MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: JOHNATHAN R. HURST, BUILDING OFFICIAL
SUBJECT: 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
DATE: OCTOBER 11, 2016
RECOMMENDATION:
It is recommended the City Council: 1) Introduce an Ordinance amending portions of
Arroyo Grande Municipal Code Chapters 8.04 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 Existing Building Code, California Energy
Code, California Historical Building Code and the International Property Maintenance
Code; and 2) Schedule a public hearing for October 25, 2016, in accordance with the
requirements of Government Code Section 50022.3, to consider adoption of the
Ordinance.
IMPACT ON FINANCIAL AND PERSONAL RESOURCES:
No fiscal impact. There will be minimal impact on staff time.
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
Item 12.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
OCTOBER 11, 2016
PAGE 2
accordance with the statute. It is recommended that the public hearing be set for
October 25, 2016.
ANALYSIS OF ISSUES:
The State's Health and Safety Code 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 2016 Edition of the California
Code of Regulations Title 24, which incorporates the below-listed model codes,
becomes effective statewide on January 1, 2017. If approved, the proposed Ordinance
would amend Chapters 8.04 and 15.04 of the Arroyo Grande Municipal Code by
repealing references to the prior editions of the model building standards and
construction codes.
The list below identifies the model codes upon which the 2017 Title 24 is based:
California Building Standards Code Reference Model Code
2016 California Building Code 2015 International Building Code (ICC)
2016 California Residential Code 2015 International Residential Code (ICC)
2016 California Fire Code 2015 International Fire Code (ICC)
2016 California Plumbing Code 2015 Uniform Plumbing Code (IAPMO)
2016 California Mechanical Code 2015 Uniform Mechanical Code (IAPMO)
2016 California Electrical Code 2014 National Electrical Code (NFPA)
2016 California Existing Building Code 2015 International Existing Building Code
2016 California Green Building Code (ICC)
The model building standards and construction codes proposed for adoption by
reference with amendments include the following:
2016 California Building Code
2016 California Residential Code
2016 California Fire Code
2016 California Plumbing Code
2016 California Mechanical Code
2016 California Electrical Code
2016 California Existing Building Code
2016 California Green Building Code
2016 Historical Building Code
2016 Energy Code
The 2015 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
Item 12.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
OCTOBER 11, 2016
PAGE 3
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.
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 2016 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.
One significant change includes the provisions for the deletion of the definition and
prohibition of"sky lanterns". Several years ago these devices became popular and were
not addressed in the fire codes in effect at that time. During the 2013 code cycle, many
jurisdictions throughout California added similar prohibitions to their codes and
ordinances. This was to provide protection, specifically during this drought, as there was
no control over where these "sky lanterns" landed after being released. Significant
model code changes have now specifically defined and prohibited the use of these
devices nationwide and have also been adopted by the State of California. Therefore,
removing our local regulations to sky lanterns is simply a clean-up item due to sky
lantern regulations now being included in the State codes.
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 2016
editions of the California Building, Residential, Fire, Plumbing, Mechanical, Electrical
Code and Green Building Code.
Additionally, one of the provisions recommended for adoption by reference in the
California Plumbing Code pertains to the installation of graywater systems. Although
the California Plumbing Code includes provisions for the construction of such systems,
they are not required. Last December, the Council considered requiring plumbing for
graywater stub-outs for new residential development during deliberations of the Water
Efficient Landscape Ordinance but did not include the requirement at that time. Given
the severity of the drought, it is recommended that the Council include the provision in
the proposed Ordinance by adding Section 15.04.022 which will require the installation
of laundry to landscape graywater systems in construction of all new residential dwelling
units.
Item 12.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
OCTOBER 11, 2016
PAGE 4
ALTERNATIVES:
The following alternatives are provided for the Council's consideration-
1.
onsideration:1. Introduce the Ordinance and schedule a public hearing for October 25, 2016 to
consider final adoption of the Ordinance;
2. Modify and introduce the Ordinance and schedule the public hearing for October 25,
2016; or
3. 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 Insurance Services Office (ISO) rating, which has
the potential of lowering insurance rates citywide.
DISADVANTAGES:
In general, the new model codes and amendments will implement more stringent
requirements for construction. However, these requirements provide for safer and more
energy efficient buildings.
ENVIRONMENTAL REVIEW:
The project is exempt from California Environmental Quality Act (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 and on the
City's website in accordance with Government Code Section 54954.2.
Item 12.a. - Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL
CODE CHAPTER 8.04 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, it is the desire and intent of the City Council to provide citizens with the
greatest degree of protection from fire; 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.
Item 12.a. - Page 5
ORDINANCE NO.
PAGE 2
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 2443-2016 California Fire Code, including
Appendix Chapters 4, A, B, BB, C, CC, D and H the 244-2-2015 International Fire
Code, and the 2-2015 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 109.4 amended: Violation
penalties", is hereby amended as follows:
8.04.016 Section 109.4 amended: Violation penalties.
A. Section 109.4 of the 2843-2016 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
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 111.4 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 244,k-2016 California Fire Code is amended in its entirety
to read as follows:
Item 12.a. - Page 6
ORDINANCE NO.
PAGE 3
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 244-3-2016 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 agdeultuFal 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.
SECTION 7. AGMC Section 8.04.022, entitled "Appendix D 2013 California Fire Code
section D107.1", is hereby amended as follows:
8.04.022 Appendix D 2013-2016 California Fire Code Section D107.1.
Appendix D 2D43-2016 California Fire Code section D107.1 is hereby amended
as follows: delete exception 1.
SECTION 8. AGMC Section 8.04.026, entitled "Definitions", is hereby amended to read
as follows:
A. Whenever the word "jurisdiction" is used in the California Fire Code or in this
chapter, it shall mean the city of Arroyo Grande.
Item 12.a. - Page 7
ORDINANCE NO.
PAGE 4
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.
G. SKY LANTERN. An airborne la torn typically Fna de of paper with a wood
vr�— r I�c��pTcurry—rr
fr�me_containing a candle, fuelfel cell compoceid of waxy flammable material or
other eppen flarne which senses as a heat to heat the air inside the
lantern to cps se it to lift into the .sir fiFe balloons and aiFbE)Fne
� � candles,
ppaF F lantern nTns meanthesamme as—sky anteGFAS-..
SECTION 9. AGMC Section 8.04.028, entitled "Amendments - 2012 International
Property Maintenance Code", is hereby amended as follows:
8.04.028 Amendments - 204-2---2015 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.
B. The following section of the 24U-2015 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 10. 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 2n�2015 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 11. AGMC Section 8.04.032, entitled "Sky Lanterns", is hereby repealed in
its entirety.
Item 12.a. - Page 8
ORDINANCE NO.
PAGE 5
SECTION 12. AGMC Section 15.04.010, entitled "Building and construction codes
adopted", is hereby amended as follows:
15.04.010 Building and construction codes adopted.
A. California Building Code. The 24443-2016 California Building Code, including
the 204-2-2015 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 2043-2016 California Residential Code,
including the 2009-2015 International Residential Code and Appendix
chapters G;-H, J, and-K; and V 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 204-3---2016 California Electrical Code is
adopted by the city of Arroyo Grande and incorporated herein by this
reference as though set forth in full.
D. California Mechanical Code. The 2943-2016 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 2043--2016 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 2045--2016 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 21-3-2016 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 2013-2016 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 204-3--2016 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 2015 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 13. AGMC Section 15.04.020, entitled "Reinspections", is hereby added, as
follows:
15.04.020 - Reinspections
A. A reinspection fee may assessed for each inspection or reinspection when
such portion of work for which inspection is called is not complete or when
corrections called for are not made.
Item 12.a. - Page 9
ORDINANCE NO.
PAGE 6
This section is not to be interpreted as requiring reinspection fees the first
time a job is rejected for failure to comply with the requirements of this code,
but as controlling the practice of calling for inspections before the job is ready
for such inspection or reinspection.
Reinspection fees may be assessed when the inspection record card is not
posted or otherwise available on the work site, the approved plans are not
readily available to the inspector, for failure to provide access on the date for
which inspection is requested, or for deviating from plans requiring the
approval of the building official.
To obtain a reinspection, the applicant shall first pay the reinspection fee in
accordance with the established fee schedule as adopted by the city council.
In instances where reinspection fees have been assessed, no additional
inspections of the work will be performed until the required fees have been
paid.
SECTION 14. AGMC Section 15.04.022, entitled "Residential graywater clothes washer
systems", is hereby added as follows:
15.04.022 - Residential graywater clothes washer systems
All newly created dwelling units shall include a single-source clothes
washer graywater outlet and an outside stub-out to allow the later installation of a
graywater irrigation system that complies with the requirements of section
1502.1.1 of the 2016 California Plumbing Code.
The provisions of this section may be modified or waived when it can be
satisfactorily demonstrated to the Building Official that compliance with these
regulations is impractical due to construction or physical constraints, or due to
site and/or soil conditions.
SECTION 15. AGMC Section 15.04.024, entitled "Section 903.2 amended: 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 2D43-2016 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 agFiGUItuFal bueldings.
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
Item 12.a. - Page 10
ORDINANCE NO.
PAGE 7
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.
SECTION 16. AGMC Section 15.04.026, entitled "Section R313 of the 2013 California
Residential Code", is hereby amended as follows:
15.04.026 Section R313 of the 20432016 California Residential Code.
Section R313 of the 204-3-2016 California Residential Code is hereby
amended as follows:
R313.1. wnho ,e QatematisfiFe—syss. An automatic residential fire
sprinkler system shall be installed i^ 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 autematee foFe systems. An autemati
residential fiFe SpFinkleF system shall be one and two family dwelkigs
as fellows:
4 InGll Jinn all attached stru etures•
,
7 Including all c tri�o within 1 0 fe�
�rvcru�-. rr-ry-rc ,
1. ThMughoneut stFUC-tUres where additiens to existing buildings adds more
0� of the existing sq aFe footage to the etre�ot�ire AND res lts in
than 60% of ��v-crr�acrcrvrarc� crrv�ares�rrci
total square footage in exeess of 1,000 (one thou sand) q aFe feet
2. Throe�p� stintf�• �• - ere lteFatie encompass rv�ere than
rnrvu.7 }irr��9 ��-�--ay��,c,�u�;civflA'yS'-..$Rf"...N"."�-rrrvrc-cr�urr
50% the exist* footage of he StFUGtUFee AND as On exeess of
1,000 (one thou rl\ ens sere feet OR where theFe is a 6' -ni
Item 12.a. - Page 11
ORDINANCE NO.
PAGE 8
nnn��panny to a McFe hazaF Jot�s use d ed by the Building
w �.�ruccrrvvu�-u�£�s�r�t2F�R
OfFioial or Fire Chief
3. These renUireFnents wall he applioahle to the combined sirs pare footage of
all building pe STssued fOF the addFess or site within the last fide
years Buildings or StF ct gyres separated by less than ten (10) feet shall
be considered as a single building or StF ct ire
8313 Z 1 m 1 Requ'Fed sprinkler locations SpFinkleFs shall he installed to PFGten� SII
aFeas of a dyAzilino unit-.
] Gvr.eptions
Delete exception 4.
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
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 , 2016.
Item 12.a. - Page 12
ORDINANCE NO.
PAGE 9
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
ROBERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 12.a. - Page 13
ORDINANCE NO.
PAGE 10
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 and the
International Property Maintenance 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
Item 12.a. - Page 14
ORDINANCE NO.
PAGE 11
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
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 firefighting purposes.
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