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HomeMy WebLinkAboutCC RES 19-45RESOLUTION NO. 19-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2019 CALIFORNIA BUILDING STANDARDS CODE The City Council of the City of Tustin finds and resolves as follows: WHEREAS, Health and Safety Code Section 17958 provides that the City of Tustin shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the 2019 California Building Standards Code adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the 2019 California Building Standards Code, which are reasonably necessary because of local climatic, geographic or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the 2019 California Building Standards Code, shall make express findings that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and WHEREAS, the Community Development Department and the Orange County Fire Authority (OCFA) have worked together to prepare Ordinance No. 1503 recommending that certain changes and modifications be made to the 2019 California Building Standards Code that are reasonably necessary as administrative or procedural in nature, or to ensure consistency with previously adopted ordinances, or are intended to enhance life and fire safety due to the following local conditions: I. Climatic Conditions A. Orange County and the City of Tustin are located in a semi -arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. Tustin's local climatic conditions may cause extreme drying of vegetation and common building materials, and predispose all fuels, including wood shingles, to rapid ignition and spread of fire. Untreated wood roofs pose a serious fire hazard and aid the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning Resolution 19-45 Page 1 of 6 wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. B. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles could greatly impact the response time to reach an incident scene. Placement of multiple occupancy buildings, location of arterial roads, and OCFA staffing constraints due to recent revenue -limiting state legislation have made it difficult for the OCFA to establish additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires that may occur within high density apartment or condominium buildings. Therefore, the proposed amendments would require additional built-in on-site fire protection systems that are needed to protect occupants and property until fire fighting apparatus and personnel arrive on the scene. The added protection of fire sprinkler systems and other fire protection features would supplement normal OCFA response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. C. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the OCFA's ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. D. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to limited rainfall in the area, storage capacity limitations and rising consumption needs, future water allocation is not fully dependable. This necessitates the need for additional on-site fire protection features. E. The warm, dry climate in the region is conducive to swimming pools which creates a higher probability of child drowning where pools are unprotected. II. Topographical conditions A. Natural slopes of 15 percent or greater generally occur throughout the Resolution 19-45 Page 2of6 foothills of Orange County, including Tustin. The elevation change, caused by the hills, creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth could occur in areas with steeper slopes and greater constraints in terrain. B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanied with occasional heavy rainfall, causes roadway flooding and landslides that at times may make an emergency access route impassable. Tustin is part of this larger system and could be negatively impacted during times of emergency. C. Placement of multiple occupancy buildings, location of arterial roads, and OCFA staffing constraints, due to recent revenue -limiting state legislation, have made it difficult for the OCFA to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. These conditions create the need for built-in on-site fire protection systems to protect occupants and property until fire fighting apparatus and personnel arrive on the scene. D. These topographical conditions combine to create a situation, which places OCFA response time to fire occurrences potentially at risk, and makes it necessary to provide automatic on-site fire -extinguishing systems and implement other protection measures to protect occupants and property. III Geographic Conditions A. The City of Tustin is located in Seismic Design Category D or higher. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport -Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning to address issues related to earthquake reoccurrence is recommended by the State of California, Department of Conservation and Governor's Office of Emergency Services. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, Resolution 19-45 Page 3of6 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district, but when combined with the 34 other fires and over 500 responses, the fire department was taxed to its full capabilities. The Marina fire was difficult to contain because water mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in the Tustin area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by the document Planning Scenario on a Major Earthquake on the Newport -Inglewood Fault Zone, 1988, State Department of Conservation states: "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe"; B. In the event of local emergency conditions within the City of Tustin, traffic and circulation congestion often places OCFA response time to fire occurrences at risk. This condition will be exacerbated by any major regional disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary. C. Soils throughout Orange County possess corrosive properties that reduce the expected usable life of metallic electrical conduits and water services when metallic pipes come in contact with these soils necessitating amendments to the code to protect public health and safety. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin resolves as follows: Section 1: That certain changes and modifications to the 2019 California Building Standards Code identified in proposed Ordinance No. 1503 are reasonably necessary as administrative or procedural in nature, or to ensure consistency with previously adopted ordinances, or are intended to enhance life and fire safety due to the climatic, topographical, and/or geologic conditions cited below: Amendments Proposed in Ordinance No. 1503 Findings as identified in Sections 1, 11, or 111, above) California Building Code Chapter 1, Division II Administrative, zoning Sections 105.2, 202, 502.1, 701A.3, 903.2, I, 11, 111 903.3.5.3, Table 1505.1, 1505.1.3, 1807.1.6, 3109.1, 3109.2, 3109.3, Appendix P California Residential Code Sections R301.2, R313.1, R313.2, R313.3.6.2.2, R319.1, R337.1.3, R902.1, R902.1.3, R902.2, R1001.13, R1001.13.1, Resolution 19-45 Page 4 of 6 R1001.13.2, R1001.13.3, cha ter 44; California Electrical Code Sections 300.5, 310.10, III 310.106(B), 310.121, 690.13 California Plumbing Code Sections 604.1 and III 1208.6. California Fire Code Sections 110.4,110.4.2 Administrative 202, 304.1.2, 305.6, 305.7, 307.6, 307.6.1,307.6.2, 1, 11, 111 307.6.2.1, 308.1.6.3, 321, 322, 323, 324, 324.1, 324.2, 407.5, 501.1, 510.1, 903.2, 903.2.8, 903.3.5.3, 1201.1.1, 2801.2, 2808.2, 2808.3, 2808.4, 2808.7, 2808.9, 2808.11, 2808.11.1, 2808.11.2, 2808.12, 2808.13, 2808.14, 4906.3, 4908, 5001.5.2, 5003.1.1.1, 5608.2, 5608.3, 5701.1.1, 5707.4, 5707.7, 5801.1, 5809.4.1, I, 11, 111 5809.4.2, 5809.4.3, 5809.6.1, 5809.7 deleted Sections: 308.1.4, 309.3.1, 311.5 - 311.5.5, 510.2, 510.4.2.2, 510.5.1, 510.5.2, 510.5.3, 510.6.1 1,11,111 deleted all Sections in Chapter 11 except 1103.7, 1103.7.3, 1103.7.3.1,1103.7.8 — 1103.7.8.2, I, 11, 111 1103.7.9 —1103.7.9.10, 1103.8 —1103.8.5.3, 1103.9.1, 1107, 1113, 1114, 1115, 1116 deleted Chapters 25 and 26 I, II, III Chapter 80 — Referenced Standards 2016 NFPA 13 1, 11, 111 6.7.3, 8.3.3.1, 8.15.1.2.7, 11.1.1.1, 11.2.3.1.1.1 2016 NFPA 13 D 1, 11, 111 7.1.2 2013 NFPA 14 I'll, III 7.3.1.1 2016 NFPA 24 6.2.8.1, 6.2.9.5, 10.1.5, 10.4.1.1, 10.4.1.1.1, 1,11,111 10.4.3.2 Appendices B, BB, C, CC, H 1, 11, 111 Section 2: The Community Development Department shall file copies of Resolution No. 19-45 and Ordinance No. 1503 with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. PASSED and ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 5t" day of November, 2019. Resolution 19-45 Page 5of6 CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. YA DA, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 19-45 I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 19-45 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of November, 2019, by the following vote: COUNCILMEMBER AYES: Puckett, Bernstein, Clark, Cooper, Lumbard (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) ERICA N. YASUbA, City Clerk Resolution 19-45 Page 6of6