HomeMy WebLinkAbout03 - Amendment to Section 9.04.430 of the NBMC to Adopt the Local Amendments to the 2019 Edition of the California Fire CodeQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 11, 2020
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
PREPARED BY: Kevin Bass, Fire Marshal, kbass@nbfd.net
PHONE: 949-644-3108
TITLE: Ordinance No. 2020-6: Amendment to Section 9.04.430 of the
Newport Beach Municipal Code to Adopt the Local Amendments to
the 2019 Edition of the California Fire Code
ABSTRACT -
The City of Newport Beach (City) enforces the California Fire Code for the purpose of
regulating design, construction and maintenance of structures to protect life and property.
Within the Wildland Fire Areas, local agencies may adopt amendments to the codes with
specific findings to provide additional protection for the properties located within these
hazardous areas.
RECOMMENDATIONS:
a) Find the proposed actions are not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
because they will not result in a physical change to the environment, directly or
indirectly; and
b) Introduce Ordinance No. 2020-6, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Section 9.04.430 (Replacement to Chapter 49
Requirements for Wildland-Urban Interface Fire Areas) of the Newport Beach
Municipal Code to Adopt Local Amendments to the 2019 Edition of the California Fire
Code as Set Forth in Title 24, Part 9, of the California Code of Regulations, and pass
to a second reading on February 25, 2020.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this action.
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Ordinance No. 2020-6: Amendment to Section 9.04.430 of the
Newport Beach Municipal Code to Adopt the Local Amendments to the
2019 Edition of the California Fire Code
February 11, 2020
Page 2
DISCUSSION:
On November 5, 2019, the City Council
adopted the 2019 California Fire Code with �A
local amendments. However, Chapter 49 a=
was pulled from the amendment package to
conduct public outreach for the proposed
changes in vegetation management. Staff
proposes adopting an amendment to the
2019 California Fire Code Chapter 49
Requirements for Wildland-Urban Interface
Fire Areas. The model code provides the
minimum requirements for protecting
communities located within the Very High
Fire Hazard Severity Zone. The proposed
amendment will provide additional
requirements for property owners and
homeowner associations to maintain their Very High Fire Hazard Severity Zone Map
landscape vegetation by using the Fuel
Modification Guidelines or the Hazard
Reduction Zone Guidelines. The proposed amendment language gives the Fire Chief and
Fire Marshal additional authority to apply these requirements throughout the City in areas
where vegetation is considered a fire hazard.
Public Outreach
Staff conducted two public workshops at the OASIS Senior Center on November 12 and
December 12, 2019. During the meetings, staff presented information on the proposed
changes to the wildland program, and the residents provided their input. The residents
stated that the current Fire Department program was ineffective in Buck Gully and
Morning Canyon, which resulted in overgrown conditions in these areas; changes are
necessary to mitigate a potential wildland fire.
During the December 12 meeting, staff presented three options for vegetation
management for the residents to consider:
Option 1: Adopt the Fuel Modification program throughout the City; requiring up to 170
feet of defensible spacing similar to the landscape areas in the Newport Coast
communities.
Option 2: Apply the State's minimum of up to 100 feet, with removal of both shrubs and
trees to create a defensible space.
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Ordinance No. 2020-6: Amendment to Section 9.04.430 of the
Newport Beach Municipal Code to Adopt the Local Amendments to the
2019 Edition of the California Fire Code
February 11, 2020
Page 3
Option 3: Adopt a City of Newport Beach defensible space program that requires the
removal of shrubs and bushes underneath trees, maintain a five-foot, non-combustible
zone adjacent to the structures, and allow most of the trees to remain with certain
maintenance requirements. (Note: The Orange County Fire Authority approved a
vegetation program similar to Option 3).
The residents in attendance discussed the options, raised concerns regarding slope
stability and the need to retain trees. After the discussion was completed, the audience
voted overwhelmingly to support Option 3.
The adoption of the amendment to Chapter 49 (Wildland-Urban Interface Fire Areas) of
the 2019 California Fire Code, in concert with the new vegetation management standard
and the re -launch of the Ready, Set, Go! public education program, will provide the
Newport Beach Fire Department and the City's residents the tools to reduce the threat of
wildfire and improve survivability rates of residences within the identified Very High Fire
Hazard Severity Zones.
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Ordinance No. 2020-6: Amendment to Section 9.04.430 of the
Newport Beach Municipal Code to Adopt the Local Amendments to the
2019 Edition of the California Fire Code
February 11, 2020
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2020-6
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ATTACHMENT A
ORDINANCE NO. 2020- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
9.04.430 (REPLACEMENT TO CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE
FIRE AREAS) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT LOCAL AMENDMENTS TO THE 2019
EDITION OF THE CALIFORNIA FIRE CODE AS SET
FORTH IN TITLE 24, PART 9, OF THE CALIFORNIA CODE
OF REGULATIONS
WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") has approved the adoption of
new model codes relating to design and construction for the protection of life and property;
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 California Fire
Code ("CFC") with local amendments, however, additional public outreach with the
residents of the Wildlife Urban Interface Areas was necessary;
WHEREAS, local jurisdictions may amend the California Building Standards Code,
which includes the 2019 CFC, as necessary to mitigate differences caused by local
topographical, geographical, and climatic conditions;
WHEREAS, prior to bringing this amendment to the CFC and Title 9 of the Newport
Beach Municipal Code ("NBMC"), City staff met with the public to receive additional
feedback regarding changes to Chapter 49 (Requirements for Wildland-Urban Interface
Fire Areas) and its associated guidelines;
WHEREAS, to aid in efficiency and clarity, Section 9.04.430 is amended with
these modifications to the CFC that are correlated with the findings in Resolution No.
2020-_ adopted by the City Council of the City of Newport Beach on February 25, 2020;
and
WHEREAS, when approved, the ordinance and accompanying resolution will be
forwarded to the BSC and the California Department of Housing and Community
Development in compliance with Health and Safety Code Section 17958.7.
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Ordinance No. 2020 -
Page 2 of 9
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 9.04.430 (Replacement to Chapter 49 Requirements for
Wildland-Urban Interface Fire Areas) of Title 9 (Fire Code) of the Newport Beach
Municipal Code is hereby amended to read as follows:
9.04.430 Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas.
Chapter 49 is deleted in its entirety and replaced with the following:
SECTION 4901 REDUCTION OF BRUSH FROM STRUCTURES
4901.1 Scope. Each person or entity who owns, leases, controls, operates, or
maintains any parcel of land within a designated Hazard Reduction Zone, Local
Agency Very High Fire Hazard Severity Zone or identified Wildland-Urban
Interface Areas shall comply with the requirements of this chapter to mitigate the
conditions where vegetative fuels may readily transmit fire to buildings and
threaten to destroy life, overwhelm fire suppression capabilities, or result in large
property losses.
4901.2 Purpose. The purpose of this code is to provide minimum vegetative
maintenance standards to reduce the severity of exterior wildlife exposure to
buildings, and to decrease the exposure from a building fire to the wildland-urban
interface area.
4901.3 General. Persons owning, leasing, controlling, operating, or maintaining
buildings or structures requiring defensible spaces shall be responsible for
modifying or removing non -fire resistive vegetation.
These regulations apply to all Hazard Reduction Zones, and Local Agency Very
High Fire Hazard Severity Zones located within the City of Newport Beach.
SECTION 4902 DEFINITIONS
4902.1 Definitions. The following terms are defined in Chapter 2:
DEFENSIBLE SPACE.
FUEL MODIFICATION PLAN.
FUEL MODIFICATION ZONE.
HAZARD REDUCTION ZONE.
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Ordinance No. 2020 -
Page 3 of 9
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE.
WILDLAND.
WILDLAND FUELS.
WILDLAND-URBAN INTERFACE AREA.
SECTION 4903 MAINTENANCE OF FUEL MODIFICATION ZONES, HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4903.1 Compliance. Fuel Modification Zones, Hazard Reduction Zones, identified
Wildland-Urban Interface Areas and Local Agency Very High Fire Hazard Severity
Zones not in compliance with the City's respective guidelines and standards shall
constitute a fire hazard.
4903.2 Fuel Modification Zone. All elements of the fuel modification zone shall
be maintained in accordance with the approved plan and the City's Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standard for
Developments" and G.04 "Fuel Modification Plans and Maintenance Standards for
Conversion from a Hazard Reduction Zone to Fuel Modification Zone".
4903.3 Hazard Reduction Zone. All elements of the Hazard Reduction Zone and
identified Wildland-Urban Interface Areas shall be maintained in accordance with
the City's Guidelines and Standards G.01 "Hazard Reduction Zones."
SECTION 4904 CONSTRUCTION REQUIREMENTS WITHIN HAZARD
REDUCTION ZONES, AND LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONES
4904.1 General. In addition to the regulations found in Chapter 7A of the California
Building Code and other relevant sections of the California Building Code, all new
construction and existing structures that are increased in size by 2,000 square feet
or more and exceed 50% of the area of the existing structure located on parcels of
land within the City of Newport Beach Hazard Reduction Zone, and Local Agency
Very High Fire Hazard Severity Zones shall be built in accordance with the
regulations found in Section 4904 and 4905 of this code.
4904.2 Authority. The Fire Chief or the Fire Code Official shall have the authority
to designate all Hazard Reduction Zones, and the City Council shall adopt, by
ordinance, the Local Agency Very High Fire Hazard Severity Zone pursuant to
Government Code Section 51179(a).
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Ordinance No. 2020 -
Page 4 of 9
4904.3 Fuel Modification Requirements for New Construction. All new
structures located on parcels of land which are designated Hazard Reduction
Zones, or Local Agency Very High Fire Hazard Severity Zones shall comply with
this section.
4904.3.1 Fuel Modification Requirements for Additions to Existing
Structures. All additions to structures that are 2,000 square feet or more and
exceed 50% of the area of the existing structure located on parcels of land which
are designated Hazard Reduction Zones, or Local Agency Very High Fire Hazard
Severity Zones, shall comply with this section.
4904.3.2 Plans. Fuel modification plans shall be submitted to and approved by the
Fire Code Official prior to the issuance of a building permit. The plans shall be
developed using the criteria set forth in the City's Guidelines and Standards G.02
"Fuel Modification Plans and Maintenance Standard" and G.04 "Fuel Modification
Plans and Maintenance Standards for Conversion from a Hazard Reduction Zone
to Fuel Modification Zone".
4904.3.3 Alterations. The fuel modification plan may be altered if conditions
change. Any alterations to the fuel modification plan shall be approved by the fire
code official.
4904.3.4 Issuance of grading or building permits. No grading permit or building
permit shall be issued for new and qualifying additions to existing structures prior
to approval by the fire code official of the submitted fuel modification plan as
required by this section.
4904.3.5 Street widths. The minimum width of private and public streets shall not
be less than 28 feet (8.53 m). Private streets and driveways serving no more than
three dwellings and not exceeding 150 feet (45.72 m) in length shall not be less
than 24 feet (7.32 m) in width.
SECTION 4905 BUILDING CONSTRUCTION FEATURES
4905.1 Proximity to property lines. New structures built to the requirements of
Section 7A of the California Building Code shall not be less than three feet (.915
m) from an adjacent property line. Areas shall be maintained free of obstructions
at all times.
Exception: Refuse cans for residential use.
M
Ordinance No. 2020 -
Page 5 of 9
4905.2 Combustible construction prohibited. No attached or detached
buildings, patio covers, sheds, decks, stairs, or similar structures shall be built or
placed in the 20 -foot Zone A setback, as described in the City's Guidelines and
Standards G.02 "Fuel Modification Plans and Maintenance Standards For
Developments" unless completely constructed of non-combustible materials.
SECTION 4906 HAZARD REDUCTION ZONE/LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONE MAP
4906.1 Map. The Fire Chief and Fire Code Official shall cause an official map of
the Hazard Reduction Zones to be prepared. The City Council shall adopt or has
adopted by ordinance a map of the Local Agency Very High Fire Hazard Severity
Zones. These maps shall be reviewed, updated or amended as deemed
necessary.
SECTION 4907 USE OF EQUIPMENT IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES, AND HAZARD REDUCTION ZONES
4907.1 General. Defensible space will be maintained around all buildings and
structures in State Responsibility Area (SRA) as required in Public Resources
Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title
14, Division 1.5, Chapter 7, Subchapter 2, Section 1270 et seq.
Buildings and structures within the Very -high Fire Hazard Severity Zones of a Local
Responsibility Areas (LRA) shall maintain defensible space as outlined in
Government Code Sections 51175-51189 and any local ordinance of the authority
having jurisdiction.
4907.2 Equipment prohibited without a spark arrestor. Except as otherwise
provided in this section, no person shall use, operate, or cause to be operated, in,
upon or adjoining Local Agency Very High Fire Hazard Severity Zones, any internal
combustion engine which uses hydrocarbon fuel, unless the engine is equipped
with a spark arrestor as defined in Section 4907.4 of the Fire Code and maintained
in effective working order, or the engine is constructed, equipped and maintained
for the prevention of fire pursuant to Section 4907.2 of the Fire Code.
4907.3 Spark arrestor installation. Spark arrestors affixed to the exhaust system
of engines or vehicles subject to this section shall not be placed or mounted in
such a manner as to allow flames or heat from the exhaust system to ignite any
flammable material.
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Ordinance No. 2020 -
Page 6 of 9
4907.4 Spark arrestor design. A spark arrestor is a device constructed of
nonflammable material specifically for the purpose of removing and retaining
carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size
from the exhaustflow of an internal combustion engine that uses hydrocarbon fuels
or which is qualified and rated by the United States Forest Service.
4907.5 Spark arrestor exemption for vehicles. Engines used to provide motor
power for trucks, truck tractors, buses, and passenger vehicles, except
motorcycles, are not subject to this section if the exhaust system is equipped with
a muffler as defined in the Vehicle Code of the State of California.
Turbocharged engines are not subject to this section if all exhausted gases pass
through the rotating turbine wheel, there is no exhaust bypass to the atmosphere
and the turbocharger is in effective mechanical condition.
SECTION 4908 RESTRICTED ENTRY TO LOCAL AGENCY VERY HIGH FIRE
HAZARDOUS SEVERITY ZONES
4908.1 General. The Fire Chief or Fire Code Official shall determine and publicly
announce when Local Agency Very High Fire Hazard Severity Zones shall be
closed to entry and when such areas shall again be opened to entry. Entry on and
occupation of Local Agency Very High Fire Hazard Severity Zones, except public
roadways, inhabited areas or established trails and camp sites which have not
been closed during such time when the Local Agency Very High Fire Hazard
Severity Zone is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within Local Agency Very High Fire
Hazard Severity Zones and their invitees and guests going to or being upon their
lands.
2. Entry in the course of duty by peace or police officers, other duly authorized
public officers, and members of a fire department.
SECTION 4909 OPEN FLAME DEVICES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES, AND HAZARD REDUCTION ZONES
4909.1 General. Welding torches, tar pots, decorative torches and other devices,
machines or processes liable to start or cause a fire shall not be operated or used
in or upon Local Agency Very High Fire Hazard Severity Zones, except by permit
from the fire code official.
Exception: Use within habited premises which are a minimum of 30 feet (914 m)
from grass or brush covered areas.
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Ordinance No. 2020 -
Page 7 of 9
Flame -employing devices, such as lanterns or kerosene road flares, shall not be
operated or used as a signal or marker in or upon a Local Agency Very High Fire
Hazard Severity Zone.
Exception: The proper use of a fusee at the scene of emergencies.
SECTION 4910 OPEN FIRES OR BURNING IN LOCAL AGENCY VERY HIGH
FIRE HAZARD SEVERITY ZONES, AND HAZARD REDUCTION ZONES
4910.1 General. Open fires or burning shall not be built, ignited or maintained in
or upon Local Agency Very High Fire Hazard Severity Zones, identified Wildland-
Urban Interface Areas and Hazard Reduction Zones, except by permit from the
Fire Code Official.
Exception: Fires located within the property boundary of inhabited premise or
designated campsites where such fires are built in a permanent barbeque, portable
barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9.14
m) from grass or brush covered areas.
Permits shall incorporate such terms and conditions which will reasonably
safeguard public safety and property. Outdoor fires or burning shall not be
conducted in or upon Local Agency Very High Fire Hazard Severity Zones,
identified Wildland-Urban Interface Areas, or hazard reduction zones under the
following conditions:
1. When surface wind speeds are sustained at 20 MPH or wind gusts exceed 25
MPH.
2. When a person age 18 or over is not present at all times to watch and tend such
fire.
3. When public announcement is made that open burning is prohibited.
4910.2 Prohibited Uses. Permanent barbeques, portable barbeques, outdoor
fireplaces or grills shall not be used for the disposal of rubbish, trash, or
combustible waste material.
SECTION 4911 RECREATIONAL FIRES IN LOCAL AGENCY VERY HIGH FIRE
HAZARD SEVERITY ZONES
4911.1 General. Recreational fires built, installed, or maintained in Local Agency
Very High Fire Hazard Severity Zones, identified Wildland-Urban Interface Areas
or hazard reduction zones shall only use natural gas or propane fuel. Combustible
solid fuels are prohibited regardless if a spark arrestor is utilized.
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Ordinance No. 2020 -
Page 8 of 9
Outdoor fireplaces, permanent barbeques, and grills shall be maintained in good
repair and in a safe condition at all times. Openings in such appliances shall be
provided with an approved spark arrester, screen, lid, or door.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
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 ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared invalid or unconstitutional.
Section 4: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA) in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("State CEQA Guidelines")
because the code amendment will not result in a reasonably foreseeable physical change
to the environment. Additionally, the code amendment is exempt from the CEQA pursuant
to State CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
This code amendment itself does not authorize development that would directly result in
physical change to the environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published pursuant to City
Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its
adoption.
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Ordinance No. 2020 -
Page 9 of 9
This ordinance was introduced at a regularly scheduled meeting of the City Council
of the City of Newport Beach held on the 11th day of February, 2020, and was adopted at
a regular meeting on the 25th day of February, 2020, by the following vote to wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A C"t" C,
/� "'t" -
AARON C. HARP, CITY ATTORNEY
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