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Resolution 22-43
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RESOLUTION NO. 22-43
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 2022 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 2022 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 2022 California Building Standards Code, which
are reasonably necessary because of local climatic, geological or topographical
conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to the 2022 California Building
Standards Code, shall make express findings that such changes or modifications are
reasonably necessary because of local climatic, geological or topographical conditions;
and
WHEREAS, the Community Development Department and the Orange County
Fire Authority (OCFA) have worked together to prepare Ordinance No. 1529
recommending that certain changes and modifications be made to the 2022 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
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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 Orange County Fire
Authority’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
foothills of Orange County, including Tustin. The elevation change caused
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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 Geological 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,
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
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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 2022 California
Building Standards Code identified in proposed Ordinance No. 1529 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 geological conditions cited below:
Amendments Proposed in Ordinance No. 1529 Findings as identified in Sections I, II, or III, above)
California Building Code
Chapter 1, Division II
Sections 202, 502.1, 701A.3, 903.2, 903.3.5.3,
Table 1505.1, 1505.1.3, 1807.1.6, 3109.1, 3109.2,
3109.3, Appendix Q
Administrative, zoning
I, II, III
California Residential Code Sections R301.2,
R301.9, R309.6, 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, R1001.13.2, R1001.13.3,
chapter 44;
I, II, III
California Electrical Code Sections 300.5, 310.10, III
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311.12(B), 310.121, 690.13
California Plumbing Code Sections 604.1 and
1208.6. III
California Fire Code Sections
112.4,112.4.2
202, 304.1.2, 305.6, 305.7, 307.6, 307.6.1,307.6.2,
307.6.2.1, 324, 325, 326, 327, 327.1, 327.2, 407.5,
501.1, 510.1, 903.2, 903.2.8, 903.3.5.3, 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,
2808.15, 2808.16, 4903.3, 5001.5.2, 5003.1.1.1,
5608.2, 5608.3
deleted Chapters 25, 26
Chapter 80 – Referenced Standards
2022 NFPA 13
16.12.3.3, 9.4.3.1, 9.2.1.7
2022 NFPA 13 D
7.1.2
2019 NFPA 14
7.3.1.1
2019 NFPA 24
6.2.8.1, 6.2.9, 10.1.5, 10.4.1.1, 10.4.1.1.1, 10.4.3.2
Appendices B, BB, C, CC, H
Administrative
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
I, II, III
Section 2: The Community Development Department shall file copies of
Resolution No. 22-43 and Ordinance No. 1529 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 1st day of November, 2022.
AUSTIN LUMBARD,
Mayor
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ATTEST:
ERICA N. YASUDA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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. 22-43 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1st day of November,
2022, by the following vote:
COUNCILMEMBER AYES: Lumbard, Cooper, Clark, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
______________________________
ERICA N. YASUDA,
City Clerk
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DEPARTMENT OF GENERAL SERVICES CALIFORNIA GOVERNOR GAVIN NEWSOM
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
(916)263-0916
December 22, 2022
City of Tustin
Community Development Department
Mariam Madjlessi, PE, CBO, CASp
3000 Centennial Way
Tustin, CA 92780
MMadilessi(@tustinca.org
Re: Ordinance # 1529
Resolution # 22-43
Dear Ms. Madjlessi:
The purpose of this letter is to provide the determination of the California Building Standards Commission
(CBSC) following review of the ordinance referenced above with express findings received from City of
Tustin on 12/2/22.
Our review finds the submittal to contain one ordinance modifying provisions of the 2022 California Building
Standards Code, Title 24, California Code of Regulations (Title 24), including express findings and expressly
marked modifications in compliance with Health and Safety Code (HSC) Sections 17958.7 and 18941.5. The
code modification is accepted for filing. This letter attests only to the satisfaction of the cited law for filing of
expressly marked local code amendments supported by express findings with CBSC. CBSC is not
authorized by law to evaluate the merit of the findings.
Local modifications to the code are specific to each edition of the code. Local modifications must be
readopted and filed with CBSC for each subsequent triennial edition of the code to remain in effect.
Should City of Tustin receive and ratify Fire Protection District ordinances making modifications to Title 24,
HSC Section 13869.7 requires such ratified ordinances and express findings to be filed with the Department
of Housing and Community Development, Division of Codes and Standards, State Housing Law Program,
rather than CBSC. Ordinances making modifications to the energy efficiency and conservation provisions in
the California Energy Code, Part 6 of Title 24, may require approval from the California Energy Commission
pursuant to Public Resources Code Section 25402.1(h)(2).
If you have questions or need further information, you may contact me at (916) 263-0916.
Sincerely,
Brandon Estes
Associate Construction Analyst