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373-UURGENCY ORDINANCE NO. 373-U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 15.04 (BUILDING CODE) TO ADOPT THE LOS ANGELES COUNTY FIRE CODE BY REFERENCE AND MAKE LOCAL AMENDMENTS THERETO; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA RECITALS A. The California Building Standards Code, Title 24 of the California Code of Regulations, establishes the minimum regulations for the design and construction of buildings and structures in California; and B. California Health and Safety Code Sections 17958.7, 18941.5, and 13143.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and C. The City Council desires to adopt by reference Title 32, of the Los Angeles County Code, as amended and in effect on January 1, 2020, adopting the California Fire Code, 2019 Edition (Part 9 of Title 24 of the California Code of Regulations) and the International Fire Code, 2018 Edition ("California Fire Code with Local Amendments"); this adoption with such local amendments is reasonably necessary to assure the fire code is tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions; and D. The City Council also desires to adopt additional local amendments to the California Fire Code with Local Amendments to specifically address the threats of wildfire by establishing more restrictive fire-safety mitigation measures on lots and structures with projects proceeding under Senate Bill 9 ("SB 9"), which adds Government Code sections 65852.21 and 66411. 7 to allow up to five units on a lot that previously allowed one primary dwelling; such local amendments are reasonably necessary to assure the fire code is tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions. NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as follows: Ordinance f\Jo. 373-U Section 1. Chapter 15.04 (Building Code) of Title 15 of the Rolling Hills Municipal Code is hereby amended as follows: 15.20.010 -Adoption of Fire Code Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on February 24, 2017January 1, 2020, which constitutes an amended version of the California Fire Code, ~2019 Edition and an amended version of the International Fire Code, 2Q.M2018 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, ~2019Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, ~2019 Edition has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. 15.20.020 Short title. This chapter shall be known as the "Fire Code of the City of Rolling Hills" and may be cited as such. 15.20.025 Very high fire hazard severity zone (VHFHSZ). The entire City of Rolling Hills is designated as a very high fire hazard severity zone, as prescribed by the Director of California Department of Forestry and Fire Protection and as designated on a map titled City of Rolling Hills VHFHSZ dated July 1, 2008 and which shall be retained on file in the City Clerk's office at the Rolling Hills City Hall. 15.20.030 Permits. Any permit heretofore issued by the County of Los Angeles pursuant to the Fire Code of said County, for work within the territorial boundaries of the City of Rolling Hills, shall remain in full force and effect according to its terms. 15.20.040 Local Amendments The followin u: provisions of the Los An geles Countv Fire Code are hereb y amended as follows: 1. Section C105.2 (One-and two-family dwellings, and Group R-2 buildings) is amended to read as follows: Section C105.2 (One-and two-family dwellings, and Group R-2 buildings) Ordinance ~Jo. 373-U 2 A. For one-and two-family dwellings, and Group R-3 buildings, fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137.16 m) away, via fire apparatus access, from a public hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther than 750 feet (228.6 m) away, via fire apparatus access, from a properly spaced public hydrant that meets the required fire-flow. B. Notwithstanding paragra ph A above. for pro jects under Chapters 16.50 (SB 9 Urban Lot S plits ) and 17.45 (SB 9 Two-Unit Pro jects). fire h ydrants shall be s paced no more than 600 feet (182.88 m ) ap art. For prop erties with more than one dwellin unit er acre no ortion oflot fronta e should be more than 360 feet away, via fire apparatus access . from a hy drant. For pro perties less than one dwellin g unit p er acre . no portion of a fire apparatus access road shall be farther than 600 feet away, via fire a pp aratus access . from a properl y sp aced h y drant that meets the required fire-flow. 2. Section C 106.1 (Required on-site hydrants) is set forth below without amendments for purposes of reference only: C106.1 -Required on-site hydrants. When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be 300 to 400 feet (91.44 to 121.92 m). All on- site fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons per minute (4,732 L/min) at 20 psi (137.895 kPa) for a duration of two hours. If more than one on-site fire hydrant is required, the fire flow shall be 2,500 gallons per minute (9,463.53 L/min) at 20 psi (137.895 kPa) for a duration of two hours. All on-site hydrants shall be installed a minimum of 25 feet (7,620 mm) from a structure or protected by a two-hour firewall. Exception: For fully sprinklered multifamily residential structures, on-site hydrants may be installed a minimum of 10 feet (3.05 m) from the structure. 3. Section 503.1.1 (Buildings and facilities) is amended to read as follows: 503.1.1 -Buildings and facilities. A. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur: Ordinance No. 373-U 3 B. 1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3 .1.2 or 903.3.1.3. 1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3 . There are not more than two Group R-3 or Group U occupancies. 2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities and a stand-alone battery energy storage structure.3.Exterior walls of interior courts that are enclosed on all sides. Notwithstanding paragr a ph A above , for p ro jects under Chapters 16.50 (SB 9 Urban Lot S p lits ) and 17.45 (SB 9 Two-Unit Pro jects ), a lot must have its own paved driveway with a width of at least 30 feet connecting with direct access to a p aved ri ght of way or fire a pp aratus access road with a width of at least 40 feet , exclusive of shoulders. No dwellin g unit shall be within 30 feet of an y other dwellin g unit or any other enclosed structure on such lot. 4. Section 503.1.2 (Additional access) is amended to read as follows: 503 .1.2 -Additional access. _A_. __ The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Such additional access must also comply with Title 21 of the Los Angeles County Code. B. Notwithstanding para graph A above , for p rojects under Chapters 16.50 (SB 9 Urban Lot Sp lits ) and 17.45 (SB 9 Two-Unit Projects ). a lot must access a p aved ri ght of way or fire a pp aratus access road with at least two inde pendent p aved p oints of access for fire and life safet y to access and for residents to evacuate. 5. Section 503.2.1 (Dimensions) is amended to read as follows: Section 503.2.1 Dimensions =-=A:.;_. ----'Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), exclusive of shoulders, except as specified in Sections 503.2.1.1 through 503 .2.1.2.2.2, and for approved security gates in accordance with Section 503.6. Fire apparatus access roads shall have an unobstructed vertical clearance clear to the sky. Exception: A minimum vertical clearance of 13 feet 6 inches (4,114.8 mm) may be allowed for protected tree species adjacent to access roads. Any applicable tree-trimming permit from the appropriate agency is required. Ordinance No. 373-U 4 B. Notwithstanding para graph A above , for pro jects under Chapters 16.50 (SB 9 Urban Lot Sp lits ) and 17.45 (SB 9 Two-Unit Pro jects ), a lot must have direct access through its own paved driveway with a width of at least 30 feet connecting with direct access to a paved ri ght of way or fire a pp aratus access road with a width of at least 40 feet , exclusive of shoulders. 6. Section 903.3.1.3 (NFPA 13D sprinkler systems) is amended to read as follows: Section 903.3.1.3 NFPA 13D sprinkler systems. A. B. Automatic sprinkler systems installed in one-and two family dwellings, Group R- 3, and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 35 For all pro jects under Chapters 16.50 (SB 9 Urban Lot Splits ) and 17.45 (SB 9 Two-Unit Pro jects), all enclosed structures on site must have automatic sprinkler sy stems installed in accordance with NFPA 13D as amended in Chap ter 35. 15.20.050 Violations. Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is declared to be an infraction by Section 5101.1 of the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. 15.20.060 Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied. Section 2. Justification for Modification. Pursuant to California Health and Safety Code Sections 17958.7, 18941.5, and 13143.5, the City Council hereby finds that the changes and modifications to the California Building Standards Code adopted herein through amendments are reasonably necessary because of following specified local climatic, geological or topographical conditions: Ordinance No. 373-U 5 1. Climate. The City is located in a Very High Fire Hazard Severity Zone in Southern California where the local climate is characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, as well as heavy winter rains, often resulting in expansive soil conditions. This climate predisposes the area to large destructive fires ( conflagration). 2. Topography / Geology. The City is comprised of an almost entirely residential community built on hills, with narrow and winding roadways which tend to slow response times for fire apparatus and complicates firefighter access to buildings. This same terrain tends to slow resident evacuation time. The City is heavily treed with thick vegetative undergrowth, creating increased fuel loading during the summer months. The City contains canyons and steep slopes, which influence how fires behave. Canyons provide narrow openings that accelerate winds, making fires spread more quickly and easily. Further, when a fire ignites at the bottom of a steep slope, it spreads more quickly upwards because it can preheat the upcoming fuels with rising hot air. Lastly, the hilly topography is characterized by geological instability. These topographical/geological conditions combine to create a situation, which places fire department response time and resident evacuation time at risk, and makes it necessary to provide increased fire safety measures to protect occupants and property especially when considering the increased density of persons and structures afforded by SB 9. Section 3. Statement of Urgency The City Council declares that it is necessary to the public peace, safety, and welfare that this ordinance be adopted as an urgency measure, to take effect immediately by a four-fifths vote of the Council. It is essential that the City have in effect at the earliest possible date building standards which contain those modifications necessitated by the area's local topographic, geologic, and climatic conditions. In the absence of immediate effectiveness, building permits may be issued for construction that does not adhere to the necessary modified standards, to the detriment of the public health, safety, and welfare. Section 4. CEQA. The City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b )(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The City Council also finds that the Ordinance No. 373-U 6 Ordinance is exempt under CEQA Guidelines sections 15307 and 15308 as an action taken to protect the environment and natural resources. Here, the amendments are more restrictive than the California Building Standards Code and are necessary to address the particular safety needs of the City, including the need to facilitate the necessary and proper evacuation of persons and their animals in the event of a uncontrolled wildfire and to significantly reduce the risk of flame or heat transmission sufficient to ignite structures and buildings in the event of a uncontrolled wildfire within the City. Section 5. Effective Date. Pursuant to Government Code section 36937, this ordinance shall take effect upon adoption by a four-fifths vote of the city council. Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. Section 7. Notice and Filing. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933 and shall file a certified copy of this Ordinance with the California Building Standards Commission. PASSED, APPROVED AND ADOPTED by the City Council of Rolling Hills, California, at an adjourned regular meeting of the City Council held on the 14th day of December, 2021. ATTEST: CITY CLERK Ordinance No. 373-U 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 373-U entitled as follows: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 15.04 (BUILDING CODE) TO ADOPT THE LOS ANGELES COUNTY FIRE CODE BY REFERENCE AND MAKE LOCAL AMENDMENTS THERETO; AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. was approved and adopted at an adjourned regular meeting of the City Council on December 14, 2021 by the following roll call vote: A YES: COUNCILMEMBERS BLACK, PIEPER, MIRSCH, WILSON AND MAYOR DIERINGER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Ordinance No. 373-U 8