HomeMy WebLinkAbout2005-5 - Amending Chapter 9.04 Fire Code, Chapter 15.02 Administrative Code, Chapter 15.04 Building Code, Chapter 15.15 Report of Residential Building Records, Chapter 15.50 Flood Damage Prevention, and Adding Chapter 15.60 Construction Site Fencing and SORDINANCE NO. 2005 -5
AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 9.04 FIRE CODE, CHAPTER 15.02 ADMINISTRATIVE
CODE, CHAPTER 15.04 BUILDING CODE, CHAPTER 15.15 REPORT
OF RESIDENTI.AL BUILDING RECORDS, CHAPTER 15.50 FLOOD
DAMAGE PREVENTION, AND ADDING CHAPTER 15.60
CONSTRUCTION SITE FENCING AND SCREENING TO THE
NEWPORT BEACH MUNICIPAL CODE.
WHEREAS, Health & Safety Code Section 17958 mandates that the City of Newport
Beach adopt ordinances or regulations imposing the same requirements as are contained in the
regulations adopted by the State pursuant to Health & Safety Code, Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code Section 17922
to impose the same requirements as are contained in the 2001 California Building Code based on
the 1997 Uniform Building Code of the International Conference of Building Officials, and the
2001 California Fire Code based on the 2000 Uniform Code of Western Fire Chiefs Association.
WHEREAS, Health & Safety Code Section 17958.5 permits the City to make such
changes or modifications to the Codes as are reasonably necessary because of local conditions;
and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council,
before making any changes or modifications pursuant to Section 17958.5 make express findings
that such changes or modifications are needed due to climatic, geographic, or topographic
conditions; and
WHEREAS, the Building Director and the Fire Chief have recommended that changes
and modifications be made to the Codes and have advised that these changes and modifications
to the model codes are reasonably necessary due to the following local conditions in the City of
Newport Beach and have further advised that the remainder of said changes and modifications
are administrative or procedural in nature:
a. The City of Newport Beach is located in an area subject to a climatic condition of
high winds. This enviromment 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, may greatly impact the response time to
reach an incident scene.
b. The City of Newport Beach is located in the middle of the seismically active area
identified as Seismic Zone 4. The viability of the public water system would be
questionable at best after a major seismic event. This would leave tall buildings
vulnerable to uncontrolled fires due to a lack of available water and an inability to
pump sufficient quantities of available water to floors in a fire. 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. With the probability of strong aftershocks there
exists a need to provide increased protection for anyone on upper floors of
buildings.
C. Due to the topographical conditions of sprawling development separated by
waterways and narrow and congested streets and the expected infrastructure
damage inherent in seismic zone described above, 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) requirements for a
given structure. Additional fire protection is also justified to match the current
resources of firefighting equipment and personnel within the Newport Beach Fire
Department.
d. The City of Newport Beach has several areas with significant gro"Ah of wildland
vegetation of a highly combustible nature that could threaten structures and the
surrounding community. That threat combined with the potential for high winds
described above warrant additional construction requirements for specific areas
that have increased danger should a fire occur.
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The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION 1, Chapter 9.04 of the Newport Beach Municipal Code is amended to read:
Chapter 9.04
Sections:
9.04.060 Fire Department Access and Water Supply. Amended.
9.04.090 Automatic Fire Sprinklers Required. Amended.
9.04.110 Standpipes Required. Amended.
9.04.130 Fire Alarm Systems and Central Control Stations in High Rise
Buildings. Amended.
9.04.400 Fuel Modification Requirements for New Construction. Amended.
9.04.401 Maintenance of Fuel Modification Zones. Added.
9.04.410 Special Fire Protection AreasNery High Fire Hazard Severity
Zone. Amended.
SECTION 9.04.060 Fire Department Access and Water Supply Amended.
Section 902.3.1.1 is amended to read as follows:
SECTION 902.3.1.1 Required Access. All fire control rooms and rooms with fire
alarm control panels shall be provided with a knox box. A knox box or knox cabinet may also be
required for any occupancy where the Fire Department deems access or building information is
necessary for emergency responders.
SECTION 9.04.090 Automatic Fire Sprinklers Required. Amended.
Section 1003.2.3 is amended to read as follows:
SECTION 1003.2.3 Buildings more than 40 feet (12,192 mm). Automatic fire
sprinklers shall be installed in all occupancies having floors used for human occupancy located
more than 40 feet (12,192 mm) above or below the lowest level of Fire Department vehicle
access.
EXCEPTION: R -3 and U occupancies shall not be subject to the provisions of this
section, but shall conform to all other applicable provisions of these regulations.
For provisions on special hazards and hazardous materials, see Section 1003 and Parts V,
VI, and VII of the 2001 California Fire Code.
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SECTION 9.04.110 Standpipes Required. Amended.
Section 1004.2 is amended to read as follows:
SECTION 1004.2 Required Installations. Standpipe systems shall be provided as set
forth in Table No. 1004 -A and the provisions of this section. Every new building with any
horizontal dimensions greater than 300 feet (91,440 mm), or any vertical dimension exceeding 40
feet (12,192 mm) below Fire Department vehicle access, shall be provided with access doors and
hose outlets located so that all portions of the building can be reached with 150 feet (45,720 mm)
of hose from an access door or hose outlet. Required access doors shall be located on the exterior
of the building and shall be accessible without the use of a ladder. The door dimensions shall be
not less than three feet (914 nun) in width and six feet eight inches (2,032 mm) in height.
Hose outlets shall be 2 Yz inches (63 mm) in size with an approved valve. Hose outlets
shall be provided on all levels of the building.
EXCEPTION: R -3 and U occupancies shall not be subject to the provisions of this
section.
SECTION 9.04.130 Fire Alarm Systems and Central Control Stations in High Rise
Buildings. Amended.
Section 1006.2.12.2.1 is amended to read as follows:
SECTION
1006.2.12.2.1
General. All occupancies having floors used for
human
occupancy located
more than 55
feet (16,764 mm)
above or below the lowest level
of fire
department vehicle
access shall
be provided with
an automatic fire alarm system
and a
communication system in accordance with Section 1006.2.12.2. All fire protection devices shall
be connected to, and operate with the main building fire alarm panel. No building shall have more
than one fire alarm panel.
EXCEPTIONS: The following structures, while classified as high -rise buildings, shall
not be subject to the provisions of this section but shall conform to all other applicable provisions
of these regulations:
1. Buildings used exclusively as open parking garages.
2. Buildings where all floors above the 55 -foot (16,764 mm) level are used
exclusively as open parking garages.
3. Floors of buildings used exclusively as open parking garages and located above all
other floors used for human occupancy.
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4. Buildings such as power plants, lookout towers, steeples, grain houses and similar
structures with noncontiguous human occupancy, when approved by the Fire
Chief.
SECTION 9.04.400 Fuel Modification Requirements for New Construction.
Amended.
Section 27.1 of Appendix II -A is amended to read as follows:
SECTION 27.1 General. All new and reconstructed structures to be built or installed in
special fire protection area/very high fire hazard severity zone, or areas containing combustible
vegetation shall comply with this section.
SECTION 9.04.401 Maintenance of Fuel Modification Zones. Added.
Section 9.04.401 is added by adding Section 28 to Appendix 11 -A as follows:
SECTION 28.1 Notice. All elements of the fuel modification plan shall be maintained
in accordance with the approved plan. Fuel modification zones not in compliance with their fuel
modification plan constitute a fire hazard. If such condition exists, the Fire Marshal shall give
notice to the owner of record to abate the hazard within 30 days.
The notice shall state that the owner is required to abate the fire hazard and that if the
hazard is not abated the City may take further action which can include, (1) the City, or its
contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the
hazard, (2) that upon completion of such work the cost thereof, including administrative costs,
can be billed to the property owner or can become a special assessment against that parcel, and
(3) that upon City Council confirmation of the assessment and recordation of that order, a lien
may be attached to the parcel to be collected on the next regular property tax bill levied against
the parcel.
SECTION 28.2 Commencement of Abatement Proceedings. Whenever the Fire
Marshal or a designee determines that a fire hazard exists, and the owner of a property fails to
properly abate hazard in locations adjacent to grass or brush covered land which are located in
hazardous fire areas, the Fire Marshal is ordered to take appropriate correction actions based
upon those findings.
SECTION 28.3 Service Of Notice. The Fire Marshal shall notify the owner of affected
properties as shown on the latest equalized tax assessment roll by mail, of intention to abate the
fire hazard. Notices shall be mailed by certified mail to the address of the property owner not
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less than 15 days prior to the date of the proposed abatement and shall be done by mailing the
same to the owner's address as indicated.
Failure of any owner, or any party concerned to receive a notice shall not affect the
validity of any proceeding taken, if the procedure for service of notice has been followed.
SECTION 28.4 Appeal. The property owner may appeal the decision of the Fire
Marshal requiring the maintenance of an effective firebreak by sending a written appeal to the
Fire Chief within ten (10) days of the notice.
SECTION 28.5 Abatement Hearing Procedure. All hearings under this chapter shall
be held before the Fire Chief, who shall hear all facts and testimony he deems pertinent. The
facts and testimony may include testimony on the condition of the property and circumstances
related to the fire hazard. The owner of the land may appear in person or present a sworn written
statement in time for consideration at the hearing. The .Fire Chief may impose such conditions
and take such other action, as it deems appropriate to carry out the purpose of the provisions of
this chapter. The decision of the Fire Chief shall be final and shall be served on the property
uwncr within 48 hours.
SECTION 28.6 Private Property Abatement. If any order of the Fire Chief or the Fire
Marshal made pursuant to this ordinance is not complied with within the period designated, the
City may then cause such work to be done to the extent necessary to eliminate the fire hazard and
other substandard fire conditions that are determined to exist.
SECTION 28.7 Emergency Private Property Abatement. When in the opinion of the
Fire Marshal or his designee, a substandard structure or substandard property is an immediate
hazard to life and property, and the Fire Marshal or his designee makes written findings to the
effect that abatement of such a fire hazard requires immediate action, the Fire Marshal may then
cause such work to be done to the extent necessary to eliminate the hazard. At least 24 hours
prior the abatement, the Fire Marshal, or his designee shall attempt to contact the property owner
to inform the owner of the work to be done and request their assistance or immediate voluntary
removal of the hazard. At the time or shortly thereafter the work is performed, the Fire Marshal
or his designee shall post a notice and mail to the property owner the nature of the work
performed. Any individual aggrieved by the action of the City under this section, may appeal the
determination of the action to the Fire Chief as set forth in this section except that the appeal
shall be filed within ten (l 0) days from the date of mailing the notice of work performed.
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SECTION 28.8 Abatement Costs. The costs involved in the correction of the
substandard conditions shall become a special assessment against the property. In addition to the
above costs, an administrative processing fee established by resolution of the Council of the City
of Newport Beach, shall be assessed against each parcel for Newport Beach Fire Department and
other city incurred costs associated with abatement. An additional inspection fee shall be
established by resolution of the Council of the City of Newport Beach for charges related to
inspection services for vegetation hazard identification. The schedule for such fees shall be
maintained on file in the City Clerk's office.
The Fire Chief or his designee shall notify, in writing, all parties concerned of the amount
of such assessment resulting from such work. If the total assessment determined as provided for
in this section is not paid within 30 days after mailing of such notice, the property owner shall be
billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the
property pursuant to Section 38773.5 of the Government Code.
SECTION 28.9 Other Abatement Procedures. The provisions of this ordinance shall
not in any manner limit or restrict the City from enforcing City ordinances or abating public
nuisances in any other manner provided by law.
SECTION 9.04.410 Special Fire Protection Areas/Very High Fire Hazard Severity
Zone. Amended.
Appendix II -A -2 is amended to read as follows:
SECTION 1 Scope. Structures in, or adjacent to, grass, brush, or forest covered lands
that have a greater risk to life and property from fires. This includes risk of fire spreading into
structures, fire exposures from adjacent structures, and structure fires spreading to wildland
fuels. All additions, new or reconstructed structures located within and adjoining special fire
protection areas as shown on NBFD Special Fire Protection Areas UWI/FMZ Newport Coast
Map shall be in accordance with Appendix II -A -2.
EXCEPTIONS: 1. Additions to existing non - conforming structures shall not be
required to comply with Appendix II -A -2 (CFC) or Section 428 (CBC) unless addition is located
on wildland side.
2. Additions located on the wildland side are exempt from fire sprinkler and Class A roof
assembly requirements when both of these construction features are already part of the structure
or required by amended Sections 904.2.1 of the CBC and Section 1003.2 of the CFC.
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3. One -story detached accessory buildings used as tool and storage sheds, playhouses
and similar uses may be exempt from the requirements of this section provided all the following
are met: (a) the accessory building floor area does not exceed 120 square feet (11.14 mz), (b) the
accessory building is not less than 30 feet (9,144 mm) from all property lines and/or structures:
and (c) backyard complies with and is maintained in accordance with Zone A requirements for
fuel modification zones.
SECTION 2 Definitions
RECONSTRUCTION. Any building undergoing construction within any 24 -month
period, in which the floor area of reconstruction is 50 percent or more prior to the submittal of a
building permit application, shall comply with the code provisions for new construction.
SECTION 4.3 Issuance of Grading or Building Permits. No grading permit or, if no
grading permit is required, no building permit for new and reconstructed structures, shall be
issued prior to the submittal to and approval by the Fire Department of vicinity and fuel
modification plans as required by this Section.
SECTION 6.1 General. In addition to other relevant provisions of the Building Code, all
additions and new and reconstructed structures located within Special Fire Protection Areas shall
be in accordance with Section 6.
SECTION 6.5 Cornices, Eaves, Overhangs, Soffits, and Exterior Balconies. Cornices,
eaves, overhangs, soffits, exterior balconies and similar architectural appendages and projections
on the exposed side of the structure shall be of noncombustible construction or enclosed in one -
hour fire resistive material or heavy timber construction conforming to Section 605.6 of the
Building Code. Space between rafters at the roof overhangs shall be protected by non-
combustible materials or with double 2 inch (51min) nominal solid blocking under the exterior
wall covering. No ventilation openings or other openings shall be permitted in cave overhangs,
soffits, between rafters at eaves or in other overhanging areas on the exposed side of the
structure.
EXCEPTIONS: 1. In lieu of heavy timber construction, exterior balconies, decks and
similar architectural appendages shall be constructed with wood columns not less than 6 inches
(152 mm) in any dimension, wood beams or joists not less than 6 inches (152 mm) in width and
not less than 10 inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in
thickness.
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2. Eave rafter projections shall be no less than 4 inches (102 mm) in width and 6 inches
(152 nvn) in depth. Exposed rafter projections shall not be pocketed by facia boards.
SECTION 6.6.2 Repairs and Additions. Repairs and additions of between ten percent
and less than 50% of an existing roof area shall be with a Class A roof covering.
When 50% or more of the total roof area is re- roofed in any 12 -month period the entire
roof shall be replaced with a Class A roof covering.
SECTION 6.7 Automatic Fire Extinguishing Systems. All new and reconstructed
structures located in Special Fire Protection AreasNery High Fire Hazard Severity Zone shall be
equipped with an approved automatic fire sprinkler system.
EXCEPTION: Private garages or carports 500 square feet (46.45 mZ) or less used
exclusively for parking where existing structure on same property is not provided with an
automatic fire extinguishing system.
SECTION 6.8 Unenclosed Attached Structures. Unenclosed attached structures on the
exposed side, with openings between the living area and the attached structure, shall be of
noncombustible, one hour fire resistive or heavy timber construction.
EXCEPTIONS: 1. Where openings in the wall between the living area and the
accessory structure are protected by a fire assembly having a 45 minute fire protection rating.
2. In lieu of fire protection as outlined in this section, attached structures may be
protected by an approved residential fire sprinkler system.
3. In lieu of heavy timber construction, exterior balconies, decks and similar architectural
appendages shall be constructed with wood columns, not less than 6 inches (152 mm) in any
dimension, wood beams or joists not less than 6 inches (152 mm) in width and not less than 10
inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in thickness.
4. In lieu of heavy timber construction, open trellis and similar architectural appendages
shall be constructed with wood columns not less than 4 inches (102 mm) in any dimension, wood
beams and/or joists not less than 4 inches (54 mm) in width and 6 inches (152 mm) in depth
spaced no closer than 24 inches (610 mm) clear; and wood roofing no less than 2 inches (51 mm)
in thickness placed on end spaced no closer than six inches (152 mm) clear.
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SECTION 2. Chapter 15.02 of the Newport Beach Municipal Code is amended to read:
Chapter 15.02
ADMINISTRATIVE CODE
Section:
1 5.02.30 Section 301.2.1 Building Permits. Amended.
SECTION 15.02.030 Section 301.2.1 Building Permits. Amended.
Section 301.2.1 Building Permits is amended to read as follows:
SECTION 15.02.030 Amendment to Section 301.2.1 Building Permits.
2. "Masonry or concrete fences not over 3 feet (914.4mm) in height above lowest
adjacent grade, and all other fences not over 6 feet (1,828.8 mm) in height above lowest adjacent
grade."
See Title 20.60.030 for fences in the front setback.
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SECTION 3. Chapter 15.04 of the Newport Beach Municipal Code is amended to read:
Chapter 15.04
BUILDING CODE
Sections:
15.04.030
Section 403. Amended.
15.04.035
Chapter 4 of the California Building Code. Amended.
15.04.055
Section 904.5. Added.
15.04.060
Section 1005.3.3.7. Amended
15.04.065
Section 1503.1 and 1503.3. Amended.
15.04.070
Table 15 -A. Amended.
SECTION 15.04.030 Section 403 Special Provisions for all Occupancies. Amended.
Section 403.1 is amended to read as follows:
SECTION 403.1 Scope. This Section applies to all occupancies each having floors used
for human occupancy located more than 40 feet (12,192 mm) above or below the lowest level of
fire department vehicle access. Such buildings shall be of Type I or Type II -F.R, construction
and shall be provided with an approved automatic fire sprinkler system in accordance with
Section 403.2.
SECTION 15.04.035 Chapter 4 of the California Building Code. Amended.
Chapter 4 of the California Building Code is amended by adding Section 428 to read as
follows:
SECTION 428 Special Fire Protection Areas/Very High Fire Hazard Severity Zone..
SECTION 428.1 Scope. Structures in, or adjacent to, grass, brush, or forest covered
lands that have a greater risk to life and property from fires. This includes risk of fire spreading
into structures, fire exposures from adjacent structures, and structure fires spreading to wildland
fuels. All additions and new and reconstructed structures located within and adjoining special
fire protection areas as shown on NBFD Special Fire Protection Areas UWI/FMZ Newport Coast
Map shall be in accordance with Appendix II-A-2, of the California Fire Code.
EXCEPTIONS: 1. Additions to existing non - conforming structures shall not be required
to comply with Appendix II -A -2 (CFC) or Section 428 (CBC) unless addition is located on
wildland side.
2. Additions located on the wildland side are exempt from fire sprinkler and Class A roof
assembly requirements when both of these construction features are already part of the structure
or required by amended Sections 904.2.1 of the CBC and Section 100' ).2 of the CFC.
3. One story detached accessory buildings used as tool and storage sheds, playhouses and
similar uses may be exempt from the requirements of this section provided all the following are
met: (a) the accessory building floor area does not exceed 120 square feet (11.14 m2), (b) the
accessory building is not less than 30 feet (9,144 mm) from all property lines and /or structures:
and (c) backyard complies with and is maintained in accordance with Zone A requirements for
fuel modification zones, to the satisfaction of the Fire Department.
SECTION 428.2 Definitions. For the purpose of this section certain terms are defined
as follows:
ADJOINING STRUCTURE is a structure immediately adjacent to and in the first row
of buildings bordering a special fire protection area.
ENCLOSED STRUCTURE is a structure with a roof and two or more sides.
EXPOSED SIDE, for the purpose of applying requirements to structures in Special Fire
Protection Areas, the exterior wall of a structure for which a 100 foot (30.48 m) perpendicular
line drawn from any portion of that wall intersects the fuel modification zone or any forest -
covered, brush - covered, grass- covered area or other land covered with combustible vegetation.
RECONSTRUCTION. Any building undergoing construction within any 24 -month
period, in which the floor area of reconstruction is 50 percent or more prior to the submittal of a
building permit application, shall comply with the code provisions for new construction.
SPECIAL FIRE PROTECTION AREA is any geographic area designated by the Fire
Chief, in accordance with recognized state -wide evaluation criteria, where structures and other
human development meet or intermingle with wildland or vegetative fuels and/or which contains
the type and condition of vegetation, topography, weather, structure density and other relevant
factors which potentially increases the possibility of wildland conflagration fires resulting from
airborne and/or groundborne fire spread. Such areas include but are not limited to Very High
Fire Hazard Severity Zones.
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UNENCLOSED STRUCTURE includes structures with a roof and no more than one
side and structures having no roof or other covering. Unenclosed structures include patio covers,
decks, and balconies.
VERY HIGH FIRE HAZARD SEVERITY ZONE is any geographic area designated
per Government Code Section 51178 which contains the type and condition of vegetation,
topography, weather and structure density which potentially increases the possibility of wildland
conflagration fires.
SECTION 428.3 Authority. The Fire Chief shall have the responsibility to designate
all Special Fire Protection Areas.
SECTION 428.4 Fuel Modification Plans
SECTION 428.4.1 General. Fuel Modification Plans shall be prepared in accordance
with this section.
SECTION 428.4.2 Fuel Modification Plan. Preliminary fuel modification plans for all
improvements in areas containing combustible vegetation shall be submitted to the Fire Chief
concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall
be submitted to and approved by the Fire Chief prior to the issuance of a grading permit. The plans
shall be the criteria set forth in the Newport Beach Fire Department Fuel Modification Plan
Guidelines for Wildland Fire Hazard Areas
EXCEPTION: The Building Director, with the concurrence of the Fire Chief, may waive
the vicinity plan submittal requirements of this section.
SECTION 428.4.3 Issuance of Grading or Building Permits. No grading permit or, if
no grading permit is required, no building permit for new and reconstructed structures shall be
issued prior to the submittal to and approval by the Fire Department of vicinity and fuel
modification plans as required by this section.
SECTION 428.5 Building Construction Features
SECTION 428.5.1 General. In addition to other relevant provisions of the Building
Code, all additions and new and reconstructed structures located within Special Fire Protection
Areas shall be in accordance with Section 428.5.
SECTION 428.5.2 Proximity to Property Lines. Structure on adjacent properties shall
be five feet (1524 mm) from property lines or shall be separated by a minimum of ten feet (3048
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EXCEPTIONS: 1. Projects with site plans or tract maps approved by the City prior to
the effective date of this ordinance are exempt from requirements of this Section.
2. Exterior walls with no openings are exempt from requirements of this Section
provided exterior portion of exterior walls shall be of non - combustible or one -hour fire resistive
construction.
SECTION 428.5.3 Exterior Walls. The exposed side of exterior walls, including
enclosed accessory structures, shall be of non - combustible materials or one hour fire resistive
construction for the exterior portion. No openings shall be permitted in such walls.
EXCEPTION: 1 3/8 -inch (34 mm) solid core doors, metal doors, and multi - glazed
windows and doors are permitted.
SECTION 428.5.4 Attic and Foundation Ventilation Openings. Attic or foundation
ventilation openings in vertical walls and attic roof vents shall not exceed 144 square inches (0.93
in 2) per opening and shall be covered with metal louvers and one - fourths inch (6.25 mm) mesh
corrosion- resistant metal screen. Ventilation openings and access doors shall not be permitted on
the exposed side of the structure.
SECTION 428.5.5 Cornices, Eaves Overhangs, Soffits, and Exterior Balconies.
Cornices, eaves overhangs, soffits, exterior balconies and similar architectural appendages and
projections on the exposed side of the structure shall be of noncombustible construction or
enclosed in one -hour fire resistive material or heavy timber construction conforming to Section
605.6 of the Building Code. Space between rafters at the roof overhangs shall be protected by
non - combustible materials or with double 2 inch (51 mm) nominal solid blocking under the
exterior wall covering. No ventilation openings or other openings shall be permitted in cave
overhangs, soffits, between rafters at eaves or in other overhanging areas on the exposed side of
the structure.
EXCEPTIONS: 1. In lieu of heavy timber construction, exterior balconies, decks and
similar architectural appendages shall be constructed with wood columns not less than 6 inches
(152 mm) in any dimension, wood beams or joists not less than 6 inches (152 mm) in width and
not less than 10 inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in
thickness.
2. Eave rafter projections shall be no less than 4 inches (102 mm) in width and 6 inches
(152 mm) in depth. Exposed rafter projections shall not be pocketed by facia boards.
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SECTION 428.5.6 Roof Coverings. Roof coverings on structures in Special Fire
Protection Areas shall be as follows:
SECTION 428.5.6.1 New and Reconstruction. Roof covering for new
construction and reconstruction shall, as a minimum, be a Class A roof assembly.
SECTION 428.5.6.2 Repairs and Additions. Repairs and additions of between
ten percent and less than 50% of an existing roof area shall be with a Class A roof
covering.
When 50% or more of the total roof area is re- roofed in any 12 -month period, the
entire roof must be replaced with a Class A roof covering.
SECTION 428.5.6.3 Skylights. Skylights shall have a noncombustible frame
glazed with dual glazing of heat strengthened or fully tempered glass or shall be a three -
fourths hour fire resistive assembly.
SECTION 428.5.7 Automatic Fire Extinguishing Systems. All new and reconstructed
structures located in Special Fire Protection AreasNery High Fire Hazard Severity Zone shall be
equipped with an approved automatic fire sprinkler system.
EXCEPTION: Private garages or carports 500 square feet (46.45 m2) or less used
exclusively for parking where existing structure on same property is not provided with an
automatic fire extinguishing system.
SECTION 428.5.8 Unenclosed Attached Accessory Structures. Unenclosed attached
structures on the exposed side, with openings between the living area and the attached structure,
shall be of noncombustible, one -hour fire resistive or heavy timber construction.
EXCEPTIONS: 1. Where openings in the wall between the living area and the accessory
structure are protected by a fire assembly having a 45- minute fire protection rating.
2. In lieu of fire protection as outlined in this section, accessory structures may be
protected by an approved residential fire sprinkler system.
3. In lieu of heavy timber construction, exterior balconies, decks and similar architectural
appendages shall be constructed with wood columns not less than 6 inches (152 mm) in any
dimension, wood beams or joists not less than 6 inches (152 mm) in width and not less than 10
inches (254 mm) in depth, and wood decking not less than 2 inches (51 mm) in thickness.
4. In lieu of heavy timber construction, open trellis and similar architectural appendages
shall be constructed with minimum wood columns not less than 4 inches (102 mm) in any
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dimension, wood beams and/or joists not less than 4 inches (102mm) in width and 6 inches (152
nun) in depth spaced no closer than 24 inches (610 mm) clear; and wood roofing not less than 2
inches (51 mm) in thickness placed on end spaced no closer than six inches (152 mm) clear.
SECTION 15.04.055 Standpipes. Added.
Section 904.5 is amended to read as follows:
SECTION 904.5.2 Required Installations. Standpipe systems shall be provided as set
forth in Table 9 -A and the provisions of this section. Every new building with any horizontal
dimensions greater than 300 feet (91,440 mm), or any vertical dimension exceeding 40 feet
(12,192 mm) below Fire Department vehicle access, shall be provided with access doors and
hose outlets located so that all portions of the building can be reached with 150 feet (45,720 mm)
of hose from an access door or hose outlet. Required access doors shall be located on the
exterior of the building and shall be accessible without the use of a ladder. The door dimensions
shall be not less than three feet (914 mm) in width and six feet eight inches (2,032 mm) in
height.
Hose outlets shall be 2 %2 inches (63 mm) in size with an approved valve. Hose outlets
shall be provided on all levels of the building.
EXCEPTION: R -3 and U occupancies shall not be subject to the provisions of this
section.
SECTION 15.04.060 Section 1005.3.3.7 Pressurized Enclosures. Amended.
Section 1005.3.3.7 is amended to read as follows:
SECTION 1005.3.3.7 Pressurized Enclosures. In a building having a floor level used
for human occupancy located more than 55 feet (16,674 mm) above or below the lowest level of
fire department vehicle access, all required exit enclosures shall be pressurized in accordance
with Section 905 and this section. Pressurization shall occur automatically upon activation of an
approved fire alarm system.
EXCEPTIONS: 1. If the building is not equipped with a fire alarm system,
pressurization shall be upon activation of a spot -type smoke detector listed for releasing service
located within 5 feet (1,524 mm) of each vestibule entry.
2. Buildings not equipped with a fire alarm system may not comply with this Section.
3. R -3 occupancies may not comply with this section.
16
A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute
(1 150 L /s) of air at the design pressure difference shall be located in the upper portion of such
pressurized exit enclosures.
SECTION 15.04.065 Sections 1503.1 and 1503.3 Roofing Requirements. Amended.
Section 1503.1 Roof Coverings Within Very High Fire Hazard and Severity Zones, is
amended to read as follows:
SECTION 1503.1 Roof Coverings Within Very High Fire Hazard and Severity
Zones. The entire roof covering of every existing structure where more than 50 percent of the
total roof area is replaced within any 12 -month period, and any roof covering applied in the
alteration, repair or replacement of ten percent or more of the roof of every existing structure,
shall be a fire retardant roof covering that is at least Class A as defined in the Uniform Building
Code. Repair or replacement of less than 10 percent of the existing roof covering shall be of a
roofing covering class equal to or greater than the existing roof covering and not less than Class
C. New and reconstructed structures shall be provided with a Class A roof Assembly.
Section 1503.3 Roof Coverings in all other Areas, is amended to read as follows:
SECTION 1503.3 Roof Coverings in all other Areas. The entire roof covering
of every existing structure where more than 50 percent of the total roof area is replaced
within any 12 -month period, and any roof covering applied in the alteration, repair or
replacement of ten percent or more of the roof of every existing structure, shall be a fire -
retardant roof covering that is at least Class B as defined in the Uniform Building Code.
Repair or replacement of less than 10 percent of the existing roof covering shall be of a
roof covering class equal to or greater than the existing roof covering and not less than
Class C.
SECTION 15.04.070 Table 15 -A Minimum Roof Classes. Amended.
Table 15 -A Minimum Roof Classes is amended by deleting the table in its
entirety and replacement by the following:
SECTION 15.04.070 Table 15 -A Minimum Roof Classes.
17
TABLE 15 -A — MINIMUM ROOF CLASSES 1, x, 3, 4
A - Class A roofing.
Occupancy not permitted
t Wood roof covering is not allowed regardless of classification except as noted in footnote 3.
2 Fire sprinklers shall not be substituted for the fire retardant roof requirements of this table.
3 An existing building in the City's Historical Register may be re- roofed with a Class B
minimum wood roof.
4 Tile roofs shall be fire- stopped at eave ends. (Applies to new roofs and re- roofs.)
W,
T1TES OF CONSTRUCTION
OCCUPANCY
I
II
III
IV
V
F.R.
F.R.
One -hour
N
One -hour
N
H.T.
One -hour
N
A -1
A
A
A)2 -2.1
A
A
A
A
A
A
A -3
A
A
A
A
A
A
A
A
A
A -4
A
A
A
A
A
A
A
A
A
B
A
A
A
A
A
A
A
A
A
E
A
A
A
A
A
A
A
A
A
F
A
A
A
A
A
A
A
A
A
H -1
A
A
A
A
H)2- 3- 4- 5 -6 -7 -8
A
A
A
A
A
A
A
A
A
I)1.1 -1.2 -2
A
A
A
A
A
A
I -3
A
A
A
A
A
M
A
A
A
A
A
A
A
A
A
R- 1- 2.2 -6.2
A
A
A
A
A
A
A
A
A
R- 2.1- 2.3 -61
A
A
A
A
A
A
A
A
A
R- 2.1.1 -2.2.1 -2.3.1
A
A
A
A
A
A
A
A
A
R -3
A
A
A
A
A
A
A
A
A
R- 6.1.1 -62.1
A
A
A
A
A
A
A
A
A
S -1,S -3
A
A
A
A
A
A
A
A
A
S -2,S -5
A
A
A
A
A
A
A
A
A
S -4
A
A
A
A
A
U
A
A
A
A
A
A
A
A
A
A - Class A roofing.
Occupancy not permitted
t Wood roof covering is not allowed regardless of classification except as noted in footnote 3.
2 Fire sprinklers shall not be substituted for the fire retardant roof requirements of this table.
3 An existing building in the City's Historical Register may be re- roofed with a Class B
minimum wood roof.
4 Tile roofs shall be fire- stopped at eave ends. (Applies to new roofs and re- roofs.)
W,
to read:
SECTION 4. Chapter 15.50 of the Newport Beach Municipal Code is amended
Chapter 15.50
FLOOD DAMAGE PREVENTION
Sections:
15.50.050 Definitions. Amended.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
Amended.
15.50.200 Standards of Construction. Amended.
15.50.220 Standards for Subdivisions. Amended.
15.50.250 Flood- Related Erosion -Prone Areas. Amended.
SECTION 15.50.050 Definitions. Amended.
Section 15.50.050 is amended to read as follows:
SECTION 15.50.050 Definitions. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
"Addition" means any additional building square footage added to the lot.
"Addition cost" means the "addition" square footage multiplied by the cost per foot
average as determined by the Building Director.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance
rate map (FIRM). The base flood depths range from 1 to 3 feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
19
"Area of special flood - related erosion hazard" is the land within a community, which is
most likely to be subject to severe flood - related erosion losses. The area may be designated as
Zone E on the flood insurance rate map (FIRM).
"Area of special flood hazard." See "Special flood hazard area."
"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides
(i.e., mudflows). The area is designated as Zone M on the flood insurance rate map (FIRM).
"Base flood" means a flood, which has a 1% chance of being equaled or exceeded in any
given year (also called the "100 -year flood "). Base flood is the term used through this chapter.
'Basement' means any area of the building having its floor subgrade, i.e., below ground
level on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building material
which is not part of the structural support of the building and which is designed to break away
under abnormally high tides or wave action without causing damage to the structural integrity of
the building on which they are used or any buildings to which they might be carried by flood
waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no
more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered
engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base flood.
"Building." See "Structure."
"Coastal high hazard area" means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast and any other area subject to
high velocity wave action from storms or seismic sources. It is an area subject to high velocity
20
waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood
insurance rate map (FIRM) as Zone VE, or V.
"Current value of the structure" means the existing structure square footage multiplied by
the cost per foot average as determined by the Building Director.
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of surface waters from any source; and/or mudslides; and
2. The condition resulting from flood - related erosion.
"Flood boundary and floodway map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance and Mitigation Administration
has delineated both the areas of special flood hazards and the floodway.
"Flood hazard boundary map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance and Mitigation Administration has delineated the
areas of flood hazards.
21
"Flood insurance rate map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance and Mitigation Administration has
delineated both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood insurance study" means the official report provided by the Federal Insurance and
Mitigation Administration that includes flood profiles, the flood insurance rate map, the flood
boundary and floodway map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source. See "Flooding."
"Floodplain Administrator" is the individual appointed to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
flood -prone areas. This term describes federal, state or local regulations in any combination
thereof, which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents.
" F000dway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. Also referred to as a "regulatory floodway."
22
"Fraud and victimization" as related to Section 15.50.190, variances, of this chapter,
means that the variance granted must not cause fraud on or victimization of the public. In
examining this requirement, the City of Newport Beach will consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the community
for fifty to one - hundred years. Buildings that are permitted to be constructed below the base
flood elevation are subject during all those years to increased risk of damage from floods, while
future owners of the property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages bring. In addition,
future owners may purchase the property, unaware that it is subject to potential flood damage,
and can be incurred only at very high flood insurance rates.
"Functionally dependent use" means a use, which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, and does not include long -term storage or related
manufacturing facilities.
"Governing body" is the local governing unit, i.e., county or municipality that is
empowered to adopt and implement regulations to provide for the public health, safety and
general welfare of its citizenry.
"Hardship" as related to Section 15.50.190, variances, of this chapter, means the
exceptional hardship that would result from a failure to grant the requested variance. The City of
Newport Beach requires that the variance be exceptional, unusual, and peculiar to the property
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a slightly
different use than originally intended.
23
"Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in states
with approved programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area (see "Basement ") is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in violation of
the applicable non - elevation design requirements of this chapter. (Note: This definition allows
garages serving one or two dwelling units to be built at grade. Below grade garages serving one
or two dwelling units are not allowed as they are considered to be basements.)
"Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "Manufactured home" does not include a
"Recreational vehicle."
24
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush
cover and the subsequent accumulation of rater on the ground, preceded by a period of
unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of
unconsolidated material where the history, geology, and climate indicate a potential for
mudflow.
"New construction" for floodplain management purposes, means structures for which the
"Start of construction" commenced on or after the effective date of floodplain management
regulations adopted by this community, and includes any subsequent improvements to such
structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management regulations adopted by this community.
"North American Vertical Datum of 1988 (NAVD)" means, for the purpose of National
Flood Insurance Program, the vertical datum to which base flood elevations shown on a
community's flood insurance rate map are referenced.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channelization, bridge, conduit, culvert, building,
wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris
carried by the flow of water, or its likelihood of being carried downstream.
25
"One- hundred -year flood" or "100 -year flood." See "Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the
beach and subject to erosion and overtopping from high tides and waves during major coastal
storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct
change from a relatively mild slope.
"Principal structure" means a structure used for the principal use of the property as
distinguished from an accessory use.
"Public safety and nuisance" as related to Section 15.50.190, variances, of this chapter
means that the granting of a variance must not result in anything which is injurious to safety or
health of an entire community or neighborhood, or any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or
river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle, which is
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self - propelled or permanently towable by a light -duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
'Remodel' means any reconstruction, rehabilitation or renovation of an existing structure
whereby no additional floor area is added to an existing structure.
"Remodel cost" means the cost of the remodel as determined by the Building Director.
"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
26
"Sheet flow area." See "Area of shallow flooding."
"Special flood hazard area (SHFA)" means an area having special flood, mudslide (i.e.,
mudflow) or flood - related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO,
AE, A99, AH, VE or V.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was
within one hundred eighty days of the permit. The actual start means either the first placement or
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a "Substantial improvement", the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means any damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition (see 'Remodel cost') would
equal or exceed 50% of the "Current value of the structure" before the damage occurred.
"Substantial improvement" means any new construction, 'Remodel" or "Addition ",
where the 'Remodel cost' plus the "Addition cost' is at least 50% of the "Current value of the
structure." This term includes structures, which have incurred "Substantial damage," regardless
of the actual repair work performed. However, the term does not include:
27
I . Any project for improvement of a structure to correct existing violations of state
or local health, sanitary or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living conditions;
or
2. Any alteration of a "Historic structure," provided that the alteration will not
preclude the structure's continued designation as a "Historic structure."
"V zone." See "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter, which permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water surface elevation" means the height, in relation to the North American Vertical
Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
SECTION 15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
Amended.
Section 15.15.070 is amended to read as follows:
SECTION 15.50.070 Basis for Establishing the Areas of Special Flood Hazard. The
areas of special flood hazard identified by the Federal Insurance Administration of the Federal
Emergency Management Agency in the "Flood Insurance Study Orange County and Incorporate
Areas," dated February 18, 2004, with an accompanying flood insurance rate map and flood
boundary and floodway maps dated February 18, 2004, and all subsequent revisions, are adopted
by reference and declared to be a part of this chapter. This flood insurance study is on file at
3300 Newport Boulevard, Newport Beach, California (92659- 1768). This flood insurance study
is the minimum area of applicability of this chapter and may be supplemented by studies for
other areas which allow implementation of this chapter and which are recommended to the City
Council by the Floodplain Administrator. Notwithstanding the building pad elevations
established by the flood insurance rate maps, the minimum required first floor elevations for the
interior living areas of all new structures shall be at least 8.67 (NAVD) consistent with the Public
Works Department standard for bulkhead elevation.
SECTION 15.50.200 Standards of Construction. Amended.
W
Section 15.50.200 Standards of Construction is amended to read as follows.
SECTION 15.50.200 Standards of Construction. In all areas of special flood hazards,
all "substantial improvements," including all existing construction, shall meet the following
standards:
A. Anchoring.
Adequate anchoring to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Construction Materials and Methods.
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding; and
4. With zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing.
1. Residential construction shall have the lowest floor, including basement;
a. In an AO zone, elevated above the highest adjacent grade to a
height equal to or exceeding the depth number specified in feet on the FIRM, or
elevated at least 2 feet above the highest grade if no depth number is specified;
b. In an A zone, elevated to or above the base flood elevation, as
determined by the City of Newport Beach;
C. In all other zones, elevated to or above the base flood elevation per
Section 15.50.070.
d. Fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or storage, and
which are subject to flooding, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwater. Designs for meeting this requirement must exceed the following
minimum criteria:
29
i. Be certified by a registered professional engineer or
architect to comply with a local floodproofing standard approved by the
Federal Insurance and Mitigation Administration, or Federal Emergency
Management Agency; or
ii. Have a minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one foot
above grade. Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the automatic entry
and exit of floodwater.
e: Upon completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered professional engineer or
surveyor, and verified by the community building inspector to be properly
elevated. Such certification or verification shall be provided to the Floodplain
Administrator.
2. Nonresidential Construction. Nonresidential construction shall either be
elevated to conform with subsection (C)(1)(a, b, c) or together with attendant utility and
sanitary facilities:
a. Be floodproofed below the elevation recommended under
subsection (C)(1)(a, b, c) so that the structure is watertight with walls
substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect that
the standards of this section are satisfied. Such certification shall be submitted to
the Floodplain Administrator.
3. Manufactured Homes. Manufactured homes that are placed or
substantially improved, shall be elevated to or above the base flood elevation and be
securely anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
4. Recreational Vehicles. All recreational vehicles shall:
a. Be on the site for fewer than one hundred eighty consecutive days;
30
b. Be fully licensed and ready for highway use; a recreational vehicle
is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and has no
permanently attached additions; or
a Meet the permit requirements of Section 15.50.200(C) of this
chapter.
D. Required submittals.
Before construction begins within any area of special flood hazards established in Section
15.50.070, application for a building permit shall be made pursuant to the Uniform
Administrative Code, adopted in Newport Beach Municipal Code Section 15.02.010. In addition
to submittals required by the Uniform Administrative Code,_drawings shall show the nature,
location, dimensions, and elevations of each structure; existing and proposed grades, and
drainage facilities. Specifically, the following information is required:
1. Proposed elevation, as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement) of all structures;
2. Proposed elevation in relation to (NAVD) to which any structure will be
floodproofed;
3. All appropriate certifications listed in Section 15.50.150 of this chapter;
4. Description of the extent to which any watercourse will be altered or
relocated as a result of the proposed development;
5. Plans for any walls to be used to enclose space below the base flood
levels.
SECTION 15.50.220 Standards for Subdivisions. Amended
Section 15.15.220 Standards for Subdivisions is amended to read as follows:
SECTION 15.50.220 Standards for Subdivisions.
1. All preliminary subdivision proposals shall identify the flood hazard area and
elevation of the base flood;
2. All final subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the Floodplain Administrator;
3. All subdivision proposals shall be consistent with the need to minimize flood
damage;
31
4. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electric and water systems located and constructed to minimize flood damage;
5. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards;
6. A development permit shall be obtained before construction or development
begins on a subdivision within any area of special flood hazards established in Section
15.50.070. Application for a development permit shall be made on forms furnished by the City
Manager or his designated representative and shall include but not be limited to: plans in
duplicate drawn to scale showing the nature, location, dimensions, and elevations of each
structure within the subdivision; existing and proposed grades, and drainage facilities.
Specifically, the following information is required;
A. Proposed elevation, as determined by a licensed land surveyor or
registered civil engineer, of the lowest floor (including basement) of all structures;
B. Proposed elevation in relation to (NAVD) to which any structure will be
floodproofed;
C. All appropriate certifications listed in Section 15.50.150 of this chapter;
D. Description of the extent to which any watercourse will be altered or
relocated as a result of the proposed development;
E. Plans for any walls to be used to enclose space below the base flood level;
and
F. Provide certification that all necessary permits have been obtained from
federal, state, and local governmental agencies from which prior approval is required.
NOTE: It is the developer's responsibility to obtain these approvals.
7. The Floodplain Administrator shall:
A. Review all development permits to determine that the permit requirements
of this chapter have been satisfied;
B. Review the developer's certification that all other required state and
federal permits have been obtained;
C. Review all development permits to determine that the proposed
development does not adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been designated. For purposes of
this chapter, "Adversely affect" means that the cumulative effect of the proposed
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development when combined with all other existing and anticipated development will
increase the water surface elevation of the base flood more than one foot at any point;
D. Review all development permits in the coastal high hazard area of the area
of special flood hazard to determine if the proposed development alters sand dunes so as
to increase potential flood damage;
E. Review all development permits to determine whether proposed building
sites will be reasonably safe from flooding;
F. Take action to remedy violations of this chapter.
SECTION 15.50.250 Flood- Related Erosion -Prone Areas. Amended.
Section 15.50.250 Flood- Related Erosion -Prone Areas is amended as follows:
SECTION 15.50.250 Flood- Related Erosion -Prone Areas.
A. The Floodplain Administrator shall require permits for proposed construction and
other development within all flood - related erosion -prone areas as known to the community;
B. Permit applications shall be reviewed to determine whether the proposed site
alterations and improvements will be reasonably safe from flood - related erosion and will not
cause flood - related erosion hazards or otherwise aggravate the existing hazard;
C. If a proposed improvement is found to be in the path of flood - related erosion or
would increase the erosion hazard, such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion hazard;
D. Within zone VE on the flood insurance rate map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer
consisting of a natural vegetative or contour strip. This buffer shall be designated according to
the flood - related erosion hazard and erosion rate, in relation to the anticipated "Useful life" of
structures, and depending upon the geologic, hydrologic, topographic, and climatic
characteristics of the land. The buffer may be used for suitable open space purposes, such as for
agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using
temporary and portable structures only.
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SECTION 5. Add Chapter 15.60 of the Newport Beach Municipal Code to read:
Chapter 15.60
CONSTRUCTION SITE FENCING AND SCREENING
Sections:
15.60.010 Construction Site Fencing Purpose. Added
15.60.020 Construction Site Fencing- Required. Added
SECTION 15.60.010 Construction Site Fencing Purpose. Added
Section 15.60.010 is added to read as follows:
SECTION 15.60.010 Construction Site Fencing Purpose The purpose of requiring
construction sites to be fenced is to protect adjacent properties from construction activities and
debris and to safeguard public safety by restricting public access to the construction site and to
preserve the esthetics of the neighborhood and minimize construction nuisance by screening the
clutter of construction, thereby ensuring the comfort, safety and welfare of the residents of the
City of Newport Beach.
SECTION 15.60.020 Construction Site Fencing Required. Added
Section 15.60.020 is added to read as follows:
SECTION 15.60.020 Construction Site Fencing Required. Prior to starting grading,
excavation, construction of a new structure or addition and remodel to an existing structure with
a combined floor area exceeding 75% of the floor area of the proposed structure, the Building
Director shall require the site to be temporarily fenced and screened on all sides for the duration
of the construction project. The height of fence shall be between 72 and 84 inches, and fence
material shall be chain link metal fence overlaid on the exterior with an opaque vinyl screen, or
other equivalent fencing and screening material as approved by the Building Director.
EXCEPTION: Where fencing on one or more side(s) is not feasible due to physical
constraints or determined to be unnecessary by the Building Director due to the presence of
equivalent barrier(s).
34
SECTION 6. That 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 unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City and
shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 12th day of April, 2005, and was adopted on the 26th day of April,
2005, by the following vote to wit:
J
City Clerk
AYES, COUNCIL MEMBERS:
Heffernan, Rosansky, Webb, Ridgeway,
Daigle, Nichols, Mayor Bromberg
NOES, COUNCIL MEMBERS:
ABSENT COUNCIL MEMBERS:
MAYOR
35
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2005 -5 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th
day of April 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April 2005.
(Seal)
r
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2005 -5 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: April 30, 2005.
In witness whereof, I have hereunto subscribed my name this day of a)CU4
4
2005. -
City Clerk
City of Newport Beach, California