HomeMy WebLinkAbout17 - Amendment to Section 9.04.380 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 25, 2020
Agenda Item No. 17
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 9.04.380 of the
Newport Beach Municipal Code to Adopt the Local Amendments to
the 2019 Edition of the California Fire Code
ABSTRACT:
This item is the second reading and adoption of the ordinance pertaining to the
amendment to the Newport Beach Municipal Code (NBMC) to adopt local amendments
to the California Fire Code. The City of Newport Beach 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 to provide additional protection for the properties located within
these hazardous areas.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) 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;
c) Adopt Resolution No. 2020-22, A Resolution of the City Council of the City of
Newport Beach, California, Setting Forth Findings Based on Local Conditions
within the City of Newport Beach which make Certain Modification and Changes to
the 2019 Edition of the California Fire Code as Reasonably Necessary because of
Local Climatic, Geographic, or Topographic Conditions; and
d) Waive full reading, direct the City Clerk to read by title only, and adopt Ordinance
No. 2020-6, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Section 9.04.380 (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.
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Ordinance No. 2020-6: Amendment to Section 9.04.380 of the
Newport Beach Municipal Code to Adopt the Local Amendments to the
2019 Edition of the California Fire Code
February 25, 2020
Page 2
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to the City for this action.
DISCUSSION:
On February 11, 2020, the City Council introduced proposed Ordinance No. 2020-6
amending Section 4.09.380 of the NBMC to adopt local amendments to the 2019 Edition
of the California Fire Code. The staff report included information regarding changes to the
vegetation management requirements, identified as Option 3, for the Hazard Reduction
Zones. These requirements are reflected in Guideline G.01 — Hazard Reduction Zone
(Attachment A).
If the City Council adopts the proposed ordinance, the guideline will be incorporated into
the NBMC by reference. At the February 11, 2020 meeting, the City Council did not make
any further amendments to the item presented. Attached is the resolution (Attachment B)
making specific findings to the proposed City amendment along with the ordinance
(Attachment C) for adoption.
The proposed ordinance amending the code will take effect 30 days after its adoption.
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.
� Eel I [el I' Eel
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).
ATTACHMENTS:
Attachment A — Guideline G.01 — Hazard Reduction Zone
Attachment B — Resolution No. 2020-22
Attachment C — Ordinance No. 2020-6
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ATTACHMENT A
CITY OF NEWPORT BEACH
Fire Department
Fire Prevention Division
GUIDELINES AND STANDARDS
Guideline G.01 — Hazard Reduction Zones
G.01.1 PURPOSE
The purpose of this guide is to provide information necessary to ensure the
modification, and maintenance of the vegetation in areas adjacent to structures in
order to create a defensible space between the structure and the vegetation.
Persons owning, leasing, controlling, operating, or maintaining buildings or
structures requiring defensible space are responsible for modifying or removing
non -fire resistive vegetation
Cexi7i WA *9161 ; a �
All structures including any attachments to that structure located within designated
Hazard Reduction Zones shall comply with the requirements outlined in this
document. Requirements for new construction are found in Guideline G.02, "Fuel
Modification Zones."
The requirements found in this guideline only apply to those sides of the structure
that face the wildland area (see Attachment 1).
G.01.3 DEFINITIONS
Defensible Space: The area adjacent to a structure or dwelling, either natural or
man-made, where wildfire prevention or protection practices are implemented to
provide defense from an approaching wildfire or to minimize the spread of a
structure fire to wildlands or surrounding areas.
Hazard Reduction Zone: A geographical area designated by the Fire Chief where
structures directly abut wildland space and containing structures built prior to July
1, 1999 and not designated as a Fuel Modification Zone.
17-3
Home Ignition Zone: A geographical area within 100 feet of the home or structure
where the factors that principally determine home ignition potential during extreme
wildfire behavior (high intensity fires and burning embers) are present.
G.01.4 PROCEDURE
MAINTENANCE OF DEFENSIBLE SPACE
1. Home Ignition Zone (0-5 feet from structure)
Organic Mulch and Wood Chips
• Organic mulch and wood chip application is prohibited within two feet (2') of
the structure.
• Must use non-combustible materials such as gravel and decomposed
granite within two feet (2') of the structure.
• Organic mulch and wood chip application is allowed to be used from three
to five feet (3-5).
• The maximum depth of mulch and wood chips in this zone shall be four
inches (4").
■ Use a mosaic (non-uniform) pattern with a maximum application area of 20
feet x 20 feet and a minimum of five feet (5) separation.
Ground Cover
• Ground cover and grasses shall be maintained less than six inches (6") in
height.
Bushes and Shrubs
• Bushes and shrubs in this zone shall not exceed eighteen inches (18").
• Bushes and shrubs not under a tree canopy can remain, if horizontal and
vertical clearances are properly maintained.
• Bushes and shrubs shall not be a continuous bed of vegetation.
• Bushes and shrubs in this zone shall not exceed eighteen inches (18") in
height.
• Bushes and shrubs shall have clear horizontal and vertical separation
between each other and other vegetation.
• Existing bushes and shrubs shall be individually spaced or clustered in
groups of three (3) specimens or less.
• Bushes and shrubs, either individually spaced or in a group or cluster,
shall not exceed ten feet (10') in diameter.
17-4
• Bushes and shrubs shall have horizontal separation of three times the
height.
Trees
• No trees canopy shall be located within five feet (5) of the home or structure.
• No trees canopy shall be located within ten feet (10') of a chimney.
• The Newport Beach Fire Department strongly recommends no vegetation
within five feet (5) of the structure.
2. Home Ignition Zone (5-30 feet from structure)
Organic Mulch and Wood Chips
• Organic mulch and wood chip application shall be limited to non -continuous
use of organic mulch and or wood chips not to exceed four inches (4") in
depth.
• Use a mosaic (non-uniform) pattern with a maximum application area of
20 feet x 20 feet and a minimum of five feet (5) separation.
Ground Cover
• Ground cover and grasses shall be maintained less than eighteen inches (18")
in height.
Bushes and Shrubs
• Bushes and shrubs in this zone shall not exceed eighteen inches (18").
• Bushes and shrubs not under a tree canopy can remain, if vertical and
horizontal clearances are properly maintained.
• Bushes and shrubs shall not be a continuous bed of vegetation.
• Bushes and shrubs in this zone shall not exceed eighteen inches (18") in
height.
• Bushes and shrubs shall have clear horizontal and vertical separation
between each other and other vegetation.
• Existing bushes and shrubs shall be individually spaced or clustered in
groups of three (3) specimens or less.
• Bushes and shrubs, either individually spaced or in a group or cluster,
shall not exceed ten feet (10') in diameter.
• Bushes and shrubs shall have horizontal separation of three times the
height.
17-5
• Top of bush or shrub shall have six feet (6') of clear separation from the
lowest part of the tree canopy above.
• Bushes and shrubs up to eighteen inches (18") are allowed under an existing
tree canopy in this zone. Minimum clear space under a tree canopy is five feet
(5').
• Bushes and shrubs that do not provide minimum vertical or horizontal
separation shall be removed.
Trees
• Trees shall be horizontally spaced three times the size of the mature canopy.
• Trees shall be maintained (pruned, laced out and limbed up) to provide
vertical and horizontal separation between other fuels.
3. Home Ignition Zone (30-100 feet from structure)
Organic Mulch and Wood Chips
• Organic mulch and wood chip application is allowed.
• No limitations on application areas.
Bushes and Shrubs
• Bushes and shrubs not under a tree canopy can remain, if properly
maintained.
• Bushes and shrubs in excess of two feet (2') shall not be under a tree canopy.
• Bushes and shrubs shall not be a continuous bed of vegetation.
• Bushes and shrubs in this zone shall not exceed two feet (2') in height.
• Bushes and shrubs shall have clear horizontal and vertical separation
between each other and other vegetation.
• Existing bushes and shrubs shall be individually spaced or clustered in
groups of three (3) specimens or less.
• Bushes and shrubs, either individually spaced or in a group or cluster,
shall not exceed ten feet (10') in diameter.
• Bushes and shrubs shall have horizontal separation of three times the
height.
• Top of bush or shrub shall have six feet (6') of clear separation from the
lowest part of the tree canopy above.
• Bushes and shrubs up to two feet (2') are allowed under an existing tree
canopy. Minimum clear space under a tree canopy is six feet (6')
• Bushes and shrubs that do not provide minimum vertical separation shall be
removed.
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Trees
• Trees shall be horizontally spaced three times the size of the mature canopy
• Trees shall be maintained (pruned, laced out and limbed up) to provide
vertical and horizontal separation between other fuels.
4. Structure Side Yards:
• For the purpose of firefighter access and egress, provide three feet of clear
access along both sides of the structure.
5. Firewood: Firewood and combustible material for consumption on the
premises shall not be stored in unenclosed spaces beneath buildings or structures,
on decks or under eaves, canopies of other projections or overhangs. Storage of
firewood and combustible material stored in the defensible space must be located
a minimum of 15 feet away from structures and separated from the drip lines of
trees and shrubs by a minimum of 15 feet.
6 Roofs: All roofs of structures in designated wildland fire hazard areas shall
comply with the following guidelines:
• Leaves, needles, twigs, and other combustible matter shall be removed from
roofs and rain gutters.
• Any portion of any tree, bush, or shrub that is located within ten feet of the
outlet of a chimney shall be removed.
• All chimneys attached to any appliance or fireplace that burns solid fuel shall
be equipped with an approved spark arrester constructed in accordance with
the California Building code. The spark arrester screen shall be made from
a material that is both heat and corrosion resistant, and the openings shall
not permit the passage of spheres having a diameter larger than one half
inch.
Nothing contained in this guideline shall be deemed to preclude the fire code official
from requiring more than the minimum specific requirements set forth above when
the fire code official determines that conditions exist, which additional fire protection
measures are necessary.
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M
VERY NEAR HOME
- Protection
0
ZONE
- Lean & Clean
Attachment 1
Bushes can be > 2'
Outside of Tree Canopy
i Dist. ?
=3X
6'
Clear i
`t 1ZMax
= 3X
ZONE
Thinning
Dist.
3X
Distance
=3X
Dist. 4
=3X
r
Canopies Can Touch
Natural Vegetation OK
17-8
ATTACHMENT B
RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH
FINDINGS BASED ON LOCAL CONDITIONS WITHIN THE
CITY OF NEWPORT BEACH WHICH MAKE CERTAIN
MODIFICATIONS AND CHANGES TO THE 2019
EDITION OF THE CALIFORNIA FIRE CODE AS
REASONABLY NECESSARY BECAUSE OF LOCAL
CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC
CONDITIONS
WHEREAS, Health and Safety Code Section 17958 mandates that the City of
Newport Beach ("City") adopt ordinances and regulations imposing the same or modified
or changed requirements as are contained in the regulations adopted by the State of
California ("State") pursuant to Health and Safety Code Section 17922;
WHEREAS, the State is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the 2019 Edition of the California
Fire Code based on the 2018 International Fire Code of the International Code Council;
WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to
make modifications or changes to the 2019 Edition of the California Fire Code ("CFC"),
which are reasonably necessary because of local climatic, geographic, or topographic
conditions,
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes pursuant to Health and Safety
Code Section 17958.5, make express findings that such changes or modifications are
needed due to local climatic, geographic, or topographic conditions;
WHEREAS, on November 19, 2019, the City Council of the City of Newport Beach
("City Council") adopted Ordinance No. 2019-18, the 2019 Edition of the CFC with local
amendments. Additionally, the City Council adopted Resolution 2019-97 making findings
for local amendments including sections 4901 (Reduction of Brush From Structures)
through 4911 (Recreational Fires in Local Agency Very High Fire Hazard Severity
Zones);
WHEREAS, additional public outreach with residents of the Wildlife Urban
Interface Area was necessary, and as a result, additional code revisions supported by
findings are necessary;
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Resolution No. 2020 -
Page 2 of 4
WHEREAS, the Fire Code Official has recommended that changes and
modifications be made to Chapter 49 (Requirements for Wildland-Urban Interface Fire
Areas) of the 2019 CFC codified in section 9.04.380 of the Newport Beach
Municipal Code and has advised that these changes and modifications to the 2019
CFC are reasonably necessary due to local conditions in the City and has further
advised that the remainder of said changes and modifications are administrative or
procedural in nature; and
WHEREAS, a copy of this resolution together with the Ordinance No. 2020-6
adopting the amended Chapter 49 (Requirements for Wildland-Urban Interface Fire
Areas) of the 2019 CFC shall be filed with the California Building Standards Commission
and the California Department of Housing and Community Development by the City Clerk
of the City of Newport Beach as required by Health and Safety Code Section 17958.7.
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1: The City Council does hereby approve the following changes and
modifications to Sections 4901, 4903, 4907, 4910, and 4911 of Chapter 49
(Requirements for Wildland-Urban Interface Fire Areas) of the California Fire Code 2019
Edition and the Newport Beach Fire Code as recommended by the Fire Code Official
and hereby finds these changes to be necessary due to local climatic, geographic, or
topographic conditions:
a. The City is located in an area subject to a climatic condition of high winds. This
environment is conducive to rapidly spreading fires. Control of such fires requires
rapid response. Obstacles generated by a strong wind, such as fallen trees,
streetlights and utility poles, greatly impact the response time to reach an incident
scene.
b. Many areas of Newport Beach have significant growths of vegetation of a highly
combustible nature. Dry climatic conditions can create the potential for the rapid
spread of fire in both vegetation and structures. The addition of fire protection
systems will supplement the Fire Department response by providing immediate
protection for building occupants and by containing or controlling the spread of fire.
Fire sprinkler systems also provide an efficient use of water for the control and
containment of fires and lessen the environmental impact of water runoff from fire
suppression activities.
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Resolution No. 2020 -
Page 3 of 4
C. The City, especially the foothill areas, is geographically located in an area
periodically subject to hot, dry, wind conditions of high velocity. The topographical
conditions of the foothill areas and canyons contained therein can accelerate the
periodic high velocity winds by means of a venturi effect. Accordingly, pursuant to
California Government Code Section 51179 and by City ordinance, the City has
designated these types of areas as Local Agency Very High Fire Hazard Severity
Zones. These zones identify the type of climate, geography, and topography that
potentially increase the possibility of uncontrolled fire spread through vegetative
fuels threatening life or property.
d. The City is located in a seismically active area. The viability of the public water
system would be questionable at best after a major seismic event. This would
leave structures vulnerable to uncontrolled fires due to a lack of available water
and an inability to pump sufficient quantities of available water. A severe seismic
event has the potential to negatively impact any rescue or fire suppression
activities because it is likely to create obstacles similar to those indicated under
the high wind section above.
e. Due to the geographic conditions of widespread development separated by
waterways and the street congestion caused by local geography, and the
expected infrastructure damage inherent in a seismic hazard zone, it is prudent
to rely on automatic fire sprinkler systems to mitigate extended Fire Department
response time and keep fires manageable with reduced fire flow (water)
requirement for a given structure.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
17-11
Resolution No. 2020 -
Page 4 of 4
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of February, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CIT ATTORNEIY' OFFICE
� c l Z- .
Aaron C. Harp
City Attorney
17-12
ATTACHMENT C
ORDINANCE NO. 2020-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
9.04.380 (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 9.04.380 is amended with these
modifications to the CFC that are correlated with the findings in Resolution No. 2020-22
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 Safetv Code Section 17958.7.
17-13
Ordinance No. 2020-6
Page 2 of 8
NOW, THEREFORE, The City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 9.04.380 (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:
9.04.380 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 Area 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 vegetation
maintenance standards to reduce the severity of exterior wildfire 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, identified Wildland-Urban
Interface Areas 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.
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Ordinance No. 2020-6
Page 3 of 8
HAZARD REDUCTION ZONE.
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. 2020-6
Page 4 of 8
4904.3 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".
4904.4 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.
4904.5 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.
4904.6 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. A three foot wide area shall be maintained free
of obstructions at all times.
Exception: Refuse cans for residential use.
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.
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Ordinance No. 2020-6
Page 5 of 8
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 a 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 Area (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 this 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.
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 exhaust flow 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.
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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.
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.
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Exception: Fires located within the property boundary of inhabited premises 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.
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.
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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.
This ordinance was introduced at a regularly scheduled meeting of the City Council
of the City of Newport Beach held on the 11 th 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 I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ARO C. HARP, CITY ATTORNEY
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