HomeMy WebLinkAboutCC RES 22-43 __________________ Resolution 22-43 Page 1 of 6 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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C __________________ Resolution 22-43 Page 2 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 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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C __________________ Resolution 22-43 Page 3 of 6 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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C __________________ Resolution 22-43 Page 4 of 6 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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C __________________ Resolution 22-43 Page 5 of 6 311.12(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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C __________________ Resolution 22-43 Page 6 of 6 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 DocuSign Envelope ID: 4AF00321-BC2A-40AB-87C2-69BE8C07B55C 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