23 than 80% of the permit fee when no work has been done under a permit issued in accordance with this code. The Building Official may authorize refunding of not more than 80% of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before the plan is reviewed. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.
18.12.050 Penalties.
Section R108.6 Work Commencing before Permit Issuance is amended to read:
Any person who commences work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to double the permit fees as a penalty. In addition, when required by the Building Official, a special investigation shall be performed at a cost established by separate ordnance.
18.12.060 Climatic and Geographic Design.
Table R301.2 (1) is revised to read:
TABLE R301.2 (1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
WIND DESIGN SUBJECT TO DAMAGE FROM GROUN
D
SNOW
LOAD o
Speed d
(mph)
Topographic
effects k
Specia
l wind
region l
Windbor
ne
debris
zone m
SEISMIC
DESIGN
CATEGORY f Weathering a
Frost
line
Depth b Termite c
WINTER
DESIGN
TEMP e
ICE BARRIER
UNDERLAYMENT
REQUIRED h
FLOOD
HAZARDS g
AIR
FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Zero 110 No No No D2 or E Negligible 12-24” Very Heavy 50 No FVMC
21.14.040 0 64
MANUAL J DESIGN CRITERIA n
ELEVATION LATITUDE WINTER HEATING SUMMER
COOLING
ALTITUDE
CORRECTION
FACTOR
INDOOR DESIGN
TEMPERATURE
DESIGN
TEMPURATURE
COOLING
HEAT
TEMPERATURE
DIFFERENCE
39 34 41 85 70 75
COOLING
TEMURATURE
DIFFERENCE
WIND VELOCITY
HEATING
WIND VELOCITY
COOLING
COINCIDENT WET
BULB DAILY RANGE WINTER HUMIDITY SUMMER HUMIDITY
7 68 22 11 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.
The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C 34, ASTM C 55, ASTM C 62, ASTM C 73, ASTM C 90, ASTM C 129, ASTM C 145, ASTM C 216 or ASTM C 652.
b. Where the frost line depth may require deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
24 e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BFdays) from Figure R403.3 (2) or from the l00-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements.
Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s).
Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).
18.12.070 Automatic Fire Sprinkler Systems.
Section R313.1 exception and R313.2 exceptions are deleted. The following will be added to R313.1 and R313.2:
Exception: Any addition or alteration to an existing residential building shall retrofit with automatic fire sprinkler system when a structure exceeds 3,500 square feet and the addition or alteration that is made exceeds thirty (30) percent of the original building square footage.
18.12.080 Preliminary Soils Report.
As required by Chapter 4 California Residential Code Section R401.4. is added to Chapter 4:
The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Residential Code Section R401. This section shall include any new residential construction or additions to existing structures. As part of this evaluation the Building Official shall require a site visit to determine the need for a geologic or geotechnical report or both. A fee shall be collected for each site visit.
A geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California. A geotechnical report shall be prepared by a registered Civil Engineer
25 versed in soils engineering and qualified to perform this work. When both a geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading, and/or construction and use of the site will have on the stability of the site and/or property outside the site. Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.
18.12.100 Roofing Covering Materials.
Section R902.1 is amended by revising it to allow only class A or B roofs as follows:
R902.1 Roofing covering materials.
Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section or where the edge of the roof I less than 3 feet (914 mm) from a lot line. Class A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
18.12.110 Roof Coverings Within All Other Areas.
Section R902.1.2 is amended by revising it to require a minimum Class B roof as follows:
R902.1.2 Roof coverings within 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 one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
18.12.120 Fire-Retardant-Treated Shingles and Shakes.
Section R902.2, first paragraph is amended by revising it to allow only Class A or B treated wood roofs as follows:
R902.2 Fire-retardant-treated shingles and shakes.
26 Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.
18.12.130 Chimney Spark Arresters.
Section R1001.14 Chimney spark arresters of the California Residential Code is hereby added as follows:
R1001.14 Chimney spark arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code.
Chapter 18.16
PLUMBING CODE
18.16.010 Plumbing Code Adopted.
The 2022 Edition of the California Plumbing Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the Uniform Plumbing Code, 2021 Edition, including Appendix A, Appendix B, Appendix D, and Appendix I published by the International Association of Plumbing and Mechanical Officials, with the amendments set forth in Section 18.16 is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.20
CALIFORNIA ELECTRICAL CODE
18.20.010 Electrical Code Adopted.
The 2022 Edition of the California Electrical Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the National Electrical Code, 2020 Edition including Annex A, Annex B, Annex C, Annex D, Annex E and Annex I, published by the National Fire Protection Association with the amendments set forth in Section 18.20 is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
18.20.020 Conductor Material.
Article 310.3(B) is hereby amended by the deleting of a second paragraph replacing it to read:
Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the building official for feeder lines only on an individual basis where adequate safety measures can be ensured.
27 (Ord. 1418 § 2, 2007)
Chapter 18.22
CALIFORNIA ENERGY CODE
18.22.010 California Energy Code Adopted.
The 2022 Edition of the California Energy Code known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.24
CALIFORNIA MECHANICAL CODE
18.24.010 California Mechanical Code Adopted.
The 2022 Edition of the California Mechanical Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with the amendments set forth in Section 18.24 is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.26
CALIFORNIA EXISTING BUILDING CODE
18.26.010 California Existing Building Code Adopted.
The 2022 Edition of the California Existing Building Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, incorporating the International Building Code, 2021 Edition. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.27
SOLAR PERMITTING PROCESS
18.27.010 Purpose.
The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter encourages the use of solar systems by removing
28 unreasonable barriers, minimizing costs to property owners, and expanding the ability of property owners to install solar energy systems. Moreover, allows the City to achieve these goals while protecting the public health and safety.
18.27.020 Definitions.
As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them in this section:
(a) In accordance with Civil Code section 801.5, a “Solar Energy System” means, either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(b) A “small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted by the City of Fountain Valley and all state health and safety standards, including, but not limited to, Civil Code section 714(c)(3).
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Fountain Valley. (c) “Electronic submittal” means the utilization of the following:
1. The Internet.
(d) An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(e) A “common interest development” means any of the following:
1. A community apartment project.
2. A condominium project.
29 3. A planned development.
4. A stock cooperative.
(f) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(g) “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(h) “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.
18.27.030 Applicability.
(a) This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City.
(b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting.
Routine operation and maintenance or like-kind replacements shall not require a permit.
18.27.040 Solar Energy System Requirements.
(a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City Fire Department. (b) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
30 (c) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
18.27.050 Duties of Building Department and Building Official. (a) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City website.
(b) Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants.
(c) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (d) The City’s Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
(e) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. (f) All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
18.27.060 Permit Review and Inspection Requirements.
(a) The City Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of this Ordinance. The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within 1-3 business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health
31 and safety. Such decisions may be appealed to the Planning and Building Director.
(b) Review of the application shall be limited to the Building Official’s review of whether the application meets local, state, and federal health and safety requirements.
(c) If a use permit is required, a Building Official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning and Building Director.
(d) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. (e) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
(f) The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. (g) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
(h) Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.
(i) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one business days.
(j) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Ordinance.
32 Chapter 18.28
CALIFORNIA GREEN BUILDING STANDARDS CODE
18.28.010 California Green Building Standards Code Adopted.
The 2022 Edition of the California Green Building Standards Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, also known as the CALGreen Code, published by the International Code Council. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.32
INTERNATIONAL PROPERTY MAINTENANCE CODE
18.32.010 International Property Maintenance Code Adopted.
The 2021 Edition of the International Property Maintenance Code, as published by the International Code Council is hereby adopted as the Property Maintenance Code for the City. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.33
INTERNATIONAL SWIMMING POOL AND SPA CODE
18.33.010 International Swimming Pool and Spa Code Adopted.
The 2021 Edition of the International Swimming Pool and Spa Code, as published by the International Code Councils hereby adopted as the Swimming Pool and Spa Code of the City. There is one copy of said code on file in the office of the Building Official for use and examination by the public.
Chapter 18.34
PAVING PERMITS
18.35.010 Parking Area.
A parking area is an area or space designed, used, or intended to be used for the storage, parking, maintenance, service, driving, repair, display, or operation of vehicles, and includes areas used or intended to be used for driveway or access to such parking areas from the public right-of-way to such area, but does not include public roads, streets, highways, and alleys.
18.34.020 Scope.
No areas shall be used for the storage, parking, maintenance, service, driving, repair, display, or operation of vehicles unless constructed and maintained in accordance with the terms and provisions of this Chapter, except:
33 (a) That portion of any land coming within the definitions of parking area in use for such purposes on the effective date of the Ordinance enacting this Chapter and which is paved and is being maintained in a safe manner so as not to become a nuisance may continue in use without meeting the provisions of this Chapter; however, any extension, alteration, or reconstruction of such areas in whole or in part shall be subject to the terms and provisions of this Chapter.
(b) The Building Official may authorize temporary parking areas to be used in connection with special events, new construction, or areas to be used for a limited period of time not exceeding six months where construction of permanent facilities in accordance with the standards of this Chapter would be impractical. The Building Official may impose requirements for dust control, temporary paving, or such other requirements as may be necessary to accomplish the intent of this Chapter, as conditions pursuant to authorization.
18.34.030 Permit Required.
No person, firm or corporation shall construct, reconstruct, alter, enlarge, or pave any parking area without first obtaining a separate parking paving permit from the Building Official. Including:
(a) Resurfacing of an existing parking lot that will require parking lot re-striping. (b) Re-striping of an existing parking lot with or without resurfacing. (c) Re-grading of an existing parking lot that will require parking lot re-striping.
Permits will only be issued to those persons having the appropriate contractor’s license as determined by the Contractors State License Board and the applicable state law.
Separate paving permits shall not be required in the following situations:
(a) No paving permit shall be required for any paving work within or under a building for which a valid building permit has been issued. (b) No paving permit shall be required for paving work serving residential occupancies where the areas to be paved do not exceed one thousand square feet in area.
18.34.040 Standards.
Parking areas shall be constructed in accordance with the standards set forth in Section
21.60.060 of this code.
18.34.050 Plans.
Plans for parking areas shall be included in the grading plans and shall be submitted to the Building Official for checking. Also to be included in the plans shall be the specifications for the composition of the paving materials.
18.34.060 Fees.
Fees for paving permits shall be set forth by a resolution of the City Council.
18.34.070 Approvals Required.
34 (a) No work shall be done on any parking area beyond the point authorized in each successive inspection without first obtaining the approval of the Building Official. Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by subsection (b) of this section. (b) The Building Official, upon notification from the permit holder or the permit holder’s agent, shall make the following inspections of parking areas and shall approve that portion of the construction as completed or shall notify the permit holder or the permit holder’s agent wherein the same fails to comply with the law:
(1) Subgrade Inspection. To be made when the compaction report has been received by the Building Official and after the site has been cleared and is prepared to receive fill material or aggregate base.
When no fill operation is to be done, or the fill is minor in nature, subgrade inspection may be waived by the Building Official; (2) Base Inspection. To be made after base or subgrade has been brought to proper grade and alignment for placing of paving materials and after all required curbing and gutters are in place; (3) Final Inspection. To be made when parking area is complete and all requirements of this Chapter have been met.
18.34.080 Testing.
When there is insufficient evidence of compliance with the provisions of this Chapter or evidence that any material or any construction does not conform to the requirements of this Chapter, or in order to substantiate claims for alternate materials or methods of constructions, the Building Official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.
18.34.090 Preparation of Surface to be Paved.
(a) Preparation of surfaces to be paved shall be performed in accordance with the standard specifications for public works construction. (b) Soil sterilization shall be used in all areas to be paved. Sterilants shall be applied in accordance with manufacturers’ recommendations and shall be evidenced by a certification of compliance from the permit holder.
18.34.100 Maintenance.
All parking areas shall be maintained in a safe and sanitary condition and shall be kept in good repair. Any alteration, enlargement, or reconstruction, in whole or in part, other than normal maintenance repairs, shall be pursuant to permit and subject to the provisions of this Chapter.
18.34.110 Penalties.
Any person, firm, or corporation violating any of the provisions of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof
35 during which any violation of this Chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this section.
Chapter 18.36
STRONG MOTION INSTRUMENTATION PROGRAM
18.36.010 Scope and Purpose.
In accordance with Chapter 8, Division 2 of the California Public Resources Code, the City imposes a fee upon all construction permits for purposes of administering the state of California Strong Motion Instrumentation Program. Said fees are in addition to any and all other fees required of applicants for the issuance of a construction permit.
18.36.020 Definitions.
“Construction permit” is defined as a general permit for the construction or erection of a new structure or the renovation of an existing structure; or a permit for the installation or repair of electrical, plumbing, heating, and air conditioning equipment in a structure; or the installation of a sewer; or the grading or excavation of earth materials; or the installation of paving materials.
18.36.030 Fee Schedule.
Every applicant for a construction permit shall pay a strong motion instrumentation program fee as prescribed and stated in Public Resources Code Division 2, Chapter 8.
18.36.040 Administration.
The Director of Finance shall file all reports and pay all fees as required by the provisions of Chapter 8, Division 2 of the California Public Resources Code and shall comply with all rules and regulations of the state of California Department of Conservation, as administrative agency for the program.
Chapter 18.37
POST-DISASTER RECOVERY AND RECONSTRUCTION
Article 1. Post-Disaster Safety Assessment Placards and Security
18.37.020 Scope.
This Chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment.
18.37.030 Application of Provisions.
36 The provisions of this Chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.
18.37.040 Definitions.
Building Official is defined in Chapter 2 of the California Building Code.
Safety Assessment is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster.
18.37.050 Placards.
The following official placards must be used to designate the condition of buildings or structures following a disaster.
(Green) Inspected - Lawful Occupancy Permitted. Posted on any building or structure where no apparent hazard has been found. Placement of this placard does not mean that there is no damage to the building or structure.
(Yellow) Restricted or Limited Entry. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy.
The Building Official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy. (Red) Unsafe – Do Not Enter or Occupy. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the Building Official. Safety assessment teams are authorized to enter these buildings at any time.
This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered.
18.37.060 Securing of Unsafe Buildings or Structures.
Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction, or demolition. The fencing or security measures may not be removed without authorization from the building official.
18.37.070 Removal of Placards.
Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official. Placards may be removed upon issuance of a permit to repair the damage. Issuance of a permit may not necessarily constitute approval to reoccupy the structure. The structure may not be occupied until authorized by the Building Official
18.37.080 Violation.
37 Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment according to the provisions of Section 106 of the 2015 International Property Maintenance Code.
Article 2. Post Disaster Abatement
18.37.110 Intent.
This Chapter establishes abatement criteria for all buildings and structures damaged as a result following each natural or man-made disaster.
18.37.120 Application of Provisions.
The provisions of this Chapter are applicable to all buildings and structures regulated by the City.
18.37.130 Definitions.
For the purpose of the Chapter, the following definitions apply:
Event means any occurrence, which results in the declaration of a disaster, including but not limited to, fires, debris flows, landslides, wind storms, earthquakes, explosions, and floods.
Safety Assessment is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster.
Article 3. Abatement Criteria
18.37.210 Notice of Determination.
Except as provided in Section 18.37.220 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile, or other reasonable means, and must clearly indicate that the structure or part of the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 72 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must submit a hazard abatement plan and abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.
18.37.220 Notice of Determination Exception.
No prior notice is required, when the building official, after considering all the facts, determines, in writing, that the structure or part of the structure is an imminent hazard and
38 dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases, where time and circumstances do not permit the City to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.
18.37.230 Appeal of Notice of Determination.
A Notice of Determination delivered by the Building Official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination. Should the Building Official disagree with the Hazard Abatement Plan, or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.
18.37.240 Board of Appeals Hearing.
At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the City. All witnesses must be sworn. A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State. At the close of the hearing, the Board of Appeals must act to either uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered. If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.
18.37.250 Hazard Abatement Plan.
Before any work is started to abate the hazard, a hazard abatement plan shall be
39 submitted for approval. Unless waived by the Building Official, a hazard abatement plan shall be signed by a State of California licensed engineer or architect. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan and permit from the Building Official. Within 24 hours of completion of the abatement work the owner or other interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated. If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs.
18.37.260 Failure to Perform.
In those instances, where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.
18.37.270 Public Nuisance.
All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Section 902.4.5.
18.37.280 Suspension of Abatement of Work.
Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work by the City’s contractors, and to allow the property owner or other party of legal interest to complete the abatement work.
18.37.290 Change of Status.
When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous.
However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.
18.37.300 Demolition Permit.
If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.
40 Article 4. Disaster Repair and Reconstruction
18.37.410 Intent.
This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.
18.37.420 Application of Provisions.
18.37.430 Declaration of Emergency.
The provisions of this Chapter are applicable to all buildings and structures regulated by the City following each disaster after a local emergency has been declared.
18.37.440 Waiver for Engineering Evaluation.
The requirements of this Chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.4.
18.37.450 Definitions.
For the purpose of this section, the following definitions apply:
Architect is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.
Civil Engineer is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.
Current Code means those codes adopted by the City pursuant to California Health and Safety Code § 18941.5.
Engineering Evaluation is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure.
Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date.
Essential Service Facility means those buildings or structures designated by the City to house facilities necessary for emergency operations subsequent to a disaster.
Replacement Value is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site.
41 Structural Engineer is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.
Value of Repair is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure.
Article 5. Repair Criteria
18.37.510 General.
Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:
18.37.520 Up to Ten Percent Repair Value.
When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code.
18.37.530 Up to Fifty Percent Repair Value.
When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code.
18.37.540 More than Fifty Percent Repair Value.
When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.
18.37.550 Chimney Value Exclusion.
In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 18.37.600.
Article 6. Repair Criteria for Fireplaces and Chimneys
18.37.610 General.
All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the California Building Code. Damaged portions of chimneys must be removed in accordance with the following criteria.
18.37.620 Damage above the Roof Line.
42 When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method.
18.37.630 Single-Story Structure Damage below the Roof Line.
For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox.
18.37.640 Multi-Story Structure Damage below the Roof Line.
For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found.
18.37.650 Firebox Damage.
In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation. If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the California Building Code.
18.37.660 Engineered Alternate Solutions.
Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the California Building Code, alternate systems may be used in accordance with the alternate methods and materials provisions of the California Building Code when approved by the Building Official.
18.37.670 Bracing.
Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method.”
SECTION 3
Fees for compliance with the above codes shall be established in a separate resolution.
SECTION 4
Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council and the City of Fountain Valley hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsection,
43 sentence clause, phrases, or portions to be declared valid or unconstitutionally.
SECTION 5
The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law. This Ordinance shall become effective thirty (30) days hereafter and after the State Building Standard Code is effective.
PASSED and ADOPTED by the City Council of the City of Fountain Valley at a regular adjourned meeting this day of November, 2022.
ATTEST:
___________________________ _____________________________ Rick Miller, City Clerk Patrick Harper, Mayor
APPROVED AS TO FORM:
Harper & Burns LLP
___________________________
Attorneys for the City
City of Fountain Valley
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN
VALLEY, CALIFORNIA, SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODES
RELATIVE TO LOCAL CLIMATIC, TOPOGRAPHIC AND GEOLOGIC
CONDITIONS
WHEREAS, Health and Safety Code section 17958 provides that the City of Fountain Valley shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code section 17922; and
WHEREAS, pursuant to Health and Safety Code section 17922, cities are required to adopt the most recent versions of the California Building Code, the California Green Building Standards Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code (hereinafter referred to collectively as “Codes”); and
WHEREAS, pursuant to Health and Safety Code section 17958.5, cities are allowed to make modifications or changes to the Codes, which are reasonably necessary because of local topographical, climatic and geographical conditions; and WHEREAS, pursuant to Health and Safety Code section 17958.7, the City Council, before making any modifications of changes to the Codes, must make express findings that such changes or modifications are reasonably necessary due to local conditions of the City of Fountain Valley and the City Council desires to hereby make such express findings; and
WHEREAS, the City of Fountain Valley Planning and Building Department have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the Codes are reasonably necessary due to local conditions in the City of Fountain Valley and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Fountain Valley.
NOW, THEREFORE, The City Council of the City of Fountain Valley does hereby resolve as follows:
Section 1: Amendments related to life and fire safety contained in Sections 105.2, 105.8, 109.4, 109.6, 202, 903.2, Table 1505.1, 1505.1.2, 1505.5, 1505.7,1803.1.1.1, 3109.3, 3109.3.1 through 3109.3.3 of the 2022 Edition of the California Building Code and Sections R105.2, R105.10, R108.5, R108.6, Table R301.2 (1), R313.1, R313.2, R401.4, R902.1, R902.1.2, R902.2, and R1001.14 of the 2022 Edition of the California Residential Code, and 310.3 (B) of the 2022 Edition of the California Electrical Code as recommended by the Fountain Valley Planning and Building Department are hereby found to be reasonably necessary due to the following local conditions:
Resolution No. ____
A. Climatic Conditions
1. Hot, dry Santa Ana winds are common to all areas within the City of Fountain Valley and Orange County in general. These winds, which can cause small fires to spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences.
2. Orange County and the City of Fountain Valley are located in a semi-arid Mediterranean type climate which predisposes all fuels, including wood shingles, to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.
3. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drownings where pools are unprotected.
B. Geologic Conditions
1. Orange County and the City of Fountain Valley are located in a highly active seismic area (Zone D and E). There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The NewportInglewood 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 for reoccurrence is recommended by the State of California, Department of Conservation. 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 over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because 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 our 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 “Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, 1988, State Department of Conservation,” page 59, “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe”;
2. Traffic and circulation congestion presently existing in the City of Fountain Valley often places fire department response time to fire occurrences at risk. This
Resolution No. ____
condition will be exacerbated by any major 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.
3. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue-limiting state legislation have made it difficult for the fire department 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. Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. 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.
The City of Fountain Valley is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment, which is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights, and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene.
Additionally, Section 6, Figure 6-2 of ASCE 7 identifies a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury.
The City of Fountain Valley is located in the middle of the seismically active area.
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 any available water to floors above the 55-foot level. 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.
4. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. Recent Grand Jury Report findings support this concern.
Additional amendments have been made to Codes. On the recommendation of the City of Fountain Valley Planning and Building Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in such Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City.
Section 2. There modifications and amendments to the 2022 Edition of the Codes are
Resolution No. ____
found reasonably necessary based on the climatic and/or geologic conditions cited in Section 1 of this Resolution and are listed as follows:
Code Section Findings in Section 1
CBC 105.2, 105.8, 109.4, 109.6, 202 Administrative
CBC 903.2, Table 1505.1, 1505.1.2, 1505.5, 1505.7 A1, A2 CBC 1803.1.1.1 B1, B4
CBC 3109.3, 3109.3.1 through 3109.3.3 A3, B2
CRC R105.2, R105.10, R108.5, R108.6 Administrative
CRC Table R301.2 (1), R313.1, R313.2 A1, A2
CRC R902.1, R902.1.2, R902.2, R1001.14 A1, A2
CRC R401.4 B1, B4
CEC 310.3 (B) A1, A2, B1
The aforementioned amendments have been incorporated in detail in Ordinance No..
Section 3: The City of Fountain Valley Planning and Building Department shall file copies of Resolution No._____ and Ordinance No.____ with the California Building Standards Commission as required by Health and Safety Code Section 17958.7.
PASSED, APPROVED AND ADOPTED THIS ______ DAY OF _____________ 2022.
ATTEST:
________________________ _____________________
City Clerk Mayor
APPROVED AS TO FORM
Harper & Burns LLP
_______________________
Attorneys for the City
2022
BUILDING ENERGY EFFICIENCY
STANDARDS SUMMARY
EXHIBIT 1
Executive Summary
The California Energy Commission (CEC) is the state’s primary energy policy and planning agency with a mission to lead the state to a 100 percent clean energy future. The CEC develops policy to reduce energy usage and costs, limit the environmental impacts of energy generation and use, and ensure a safe, resilient, and reliable supply of energy.
What Does the CEC Have to Do With the Building Code?
Homes and businesses use nearly 70 percent of California’s electricity and are responsible for a quarter of California’s greenhouse gas (GHG) emissions. As California’s energy
policy agency, the CEC was mandated by the WarrenAlquist Act to periodically update and adopt building standards to increase energy efficiency of buildings and reduce GHGs. Part 6 of Title 24 implemented this mandate so that every three years the CEC presents Building
Energy Efficiency Standards (Energy Code) updates for
new construction and renovations to existing buildings.
After the CEC adopts these standards, they are submitted to the California Building Standards Commission for
approval and inclusion with other changes to the
building code. The Energy Code is designed to be
cost-effective so that implementation is affordable
while helping California manage energy demand and
advance the state’s climate and clean air goals.
HOMES AND BUSINESSES USE
NEARLY 70 PERCENT
OF CALIFORNIA’S ELECTRICITY AND
ARE RESPONSIBLE FOR A QUARTER
OF CALIFORNIA’S GREENHOUSE
GAS (GHG) EMISSIONS.
How Do Standards Affect Me?
The standards help everyone! As standards require upgrades such as better insulation and more effective climate control in buildings, the increases in energy efficiency reduce utility bills.
This also improves comfort inside buildings. The standards increase the market value of properties by making them more affordable to operate. They reduce GHGs by using less energy from fossil fuel-burning power plants that emit harmful smogforming pollutants and climate-changing gases. Some of the water-saving measures in the standards lead to more efficient appliances and building fixtures that buoy California’s water supply and save energy by using and moving less water.
Thanks in part to California’s efficiency standards, the state’s per capita energy use has stayed nearly flat since the early 1970s, even as the state’s economy grew by 80 percent.
CALIFORNIANS USE
31 PERCENT
LESS
ENERGY
COMPARED TO THE
AVERAGE AMERICAN
1 2
EXHIBIT 1
WHAT’S NEW
FOR2022?
The proposed 2022 Energy Code update focuses on four
key areas in new construction of homes and businesses:
• Encouraging electric heat pump technology and use
• Establishing electric-ready requirements
when natural gas is installed
• Expanding solar photovoltaic (PV) system
and battery storage standards
• Strengthening ventilation standards
to improve indoor air quality
2022 Energy Code: Better for the Environment and You
Heat pumps use less
energy and produce fewer
emissions than traditional
HVACs and water heaters.
Electric-ready building sets
up owners to use cleaner
electric heating, cooking, and
electric vehicle (EV) charging
when they’re ready to invest
in those technologies.
Using battery storage
allows onsite energy to be
available when needed and
reduces the grid’s reliance
on fossil fuel power plants.
Better ventilation can reduce
illness from poor air quality and
reduce disease transmission.
3 4
EXHIBIT 1
The Energy Code in Action
Since 1978, energy standards have supported California’s long-term strategy to meet energy demand, conserve
resources, and act as an environmental steward. All
building standards under consideration must be costeffective and technically feasible to be adopted.
The Energy Code governs:
• Window and door materials
• Lighting
• Electrical panels
• Insulation
• Faucets
• And more
These requirements vary between home and business buildings, as well as among climate zones in which they are implemented. The Energy Code applies to new construction and renovations to existing buildings.
The Energy Code has not only revolutionized building construction in California, but influenced efficiency goals and practices in countries around the globe. Every update helps the state meet its energy and environmental goals while directly benefiting building owners and occupants through more comfortable buildings that save money on energy costs and, not incidentally, increase market value.
With climate change impacts accelerating, there is an even greater need for homes that are comfortable, efficient, and resilient. Each updated code guides the construction of buildings to keep energy use down, better withstand extreme weather, and reduce climate and air pollution. 40 YEARS
OF ENERGY EFFICIENCY
STANDARDS FOR
BUILDINGS AND
APPLIANCES HAVE
SAVED CALIFORNIANS
MORE THAN
$100 BILLION
It’s an Area We Call the
“Climate Zone”
California is so vast and varied in
landscape and weather that there
is no one building design that
can be the most energy-efficient
everywhere. To accommodate those
differences, the state is divided into
16 climate zones. Each climate zone
represents a geographic area based
on such factors as temperature,
weather, and typical energy use.
Each zone has an assigned energy
budget, based on the maximum
amount of energy that a building
(or portion of a building) can be
designed to consume per year.
Minimum efficiency requirements are
created from that energy budget.
The Energy-Efficient Revolution Continues
The CEC was born of the energy crisis that affected the United States in the early 1970s.
To address energy demand that outstripped supply, California created the CEC to design energy policy that reduced use through better efficiencies. The core focus of the building standards has been efficiency, but the 2019 Energy Code ventured into onsite generation by requiring solar PV on new homes, providing significant GHG savings. The 2022 update builds off this progress with expanded solar standards and the move to onsite energy storage that will help Californians save on utility bills while bolstering the grid. 5 6
EXHIBIT 1
UPDATES
FOR2022
New and more efficient technologies are being developed all the time, with many supported by funding from state programs that bring these energy innovations to markets and consumers. The 2022 Energy Code builds on California’s technology innovations, encouraging inclusion of market-ready electric products in new construction, such as heat pumps for climate control and water heating.
The update also requires all new homes be electric-ready. That means buildings with gas stoves have the electrical panels and wiring to support a switch to electric stoves. Further advancements and cost reductions will continue to expand electric options for heating, cooking, laundering, and EV charging to meet all Californians’ needs. These are crucial steps in the state’s progress toward 100 percent clean electricity and carbon neutrality by midcentury, or earlier.
Proposed Standards
The 2022 Energy Code
update revises energy
efficiency standards
for newly constructed
buildings, as well as
additions and alterations
to existing buildings. The
CEC engaged in a lengthy
public process leading
up to adoption of the
proposed 2022 standards.
2022 Energy Code Benefits
Increases on-site
renewable energy
generation from solar.
Increases electric load
flexibility to support
grid reliability.
Reduces emissions
from newly
constructed buildings.
Reduces air pollution
for improved
public health.
Encourages adoption
of environmentally
beneficial efficient
electric technologies.
How Does the 2022 Energy
Code Affect Homes?
• Establishes energy
budgets based on
efficient heat pumps for
space or water heating
to encourage builders to
install heat pumps over
gas-fueled HVAC units.
• Requires homes to be
electric-ready, with
dedicated 240-volt
outlets and space
(with plumbing for
water heaters) so
electric appliances
can eventually replace
installed gas appliances.
• Increases minimum
kitchen ventilation
requirements so that
fans over cooktops have
higher airflow or capture
efficiency to better
exhaust pollution from
gas cooking and improve
indoor air quality.
• Allows exceptions
to existing solar PV
standards when roof area
is not available (such
as for smaller homes).
How Does It Affect
Businesses?
• Establishes combined
solar PV and battery
standards for select
businesses. Systems
are sized to maximize
onsite use of solar
energy and avoid
electricity demand
during times when
the grid must use
gas-powered plants.
• Establishes new
efficiency standards
for commercial
greenhouses (primarily
cannabis growing).
• Improves efficiency
standards for building
envelope, various
internal systems,
and grid integration
equipment, such as
demand-responsive
controls to buoy
grid stability.
OVER 30 YEARS,
THE 2022 ENERGY CODE
IS ESTIMATED TO PROVIDE
$1.5 BILLION
IN CONSUMER BENEFITS
AND REDUCE 10
MILLION METRIC
TONS OF GHGS, EQUIVALENT
TO TAKING NEARLY 2.2
MILLION CARS OFF
THE ROAD FOR A YEAR.
7 8
EXHIBIT 1
Breaking Down the Updates
Heat Pumps:
The New Standard
Heat pumps are an electric
technology for water and
space heating that increases
efficiency, reduces GHGs,
and enables load flexibility.
Current California market
share is less than 6 percent in
new home construction.
Standards include:
• Single-family homes
— heat pump water
or space standard.
• Multifamily homes such
as apartment buildings
— heat pump space
heating standard.
• Businesses — heat
pumps standard for
schools, offices, banks,
libraries, retail, grocery.
New Homes to Be
Electric-Ready
The standards require
single-family homes to be
electric-ready, including:
• Electrical circuits for
space heating, water
heating, cooking/ovens,
and clothes dryers.
• Electrical panel,
branch circuits, and
transfer switch for
battery storage.
• Dedicated circuits and
panels to easily convert
from natural gas to
electric in the future.
Solar and Storage
Use Expanded
The 2022 Energy Code
extends solar and introduces
battery storage standards to
the following building types:
• High-rise multifamily
(apartments and condos)
• Hotel-motel
• Tenant space
• Office, medical
office, and clinics
• Retail and grocery stores
• Restaurants
• Schools
• Civic (theaters,
auditoriums, and
convention centers)
The Challenge of
Existing Buildings
In addition to new buildings,
the standards apply to
substantial upgrades to existing
homes and businesses.
At least 50 percent of
single-family homes and
nearly 60 percent of
California’s apartment
complexes (about 14 million
total residences) were
built before the state’s first
energy standards.
Updating older buildings is
critical to achieving the state’s
climate and clean energy goals.
Communities Ahead of the Curve
California is already an international leader in energy efficiency and clean energy. However, after each update, many cities and counties choose to adopt standards that exceed the state minimum. The California Green Building Standards (“CALGreen” or Part 11 of Title 24) include voluntary reach standards, which offer model building code language for local governments that wish to go beyond the minimum statewide requirements.
Reach standards are an important tool for jurisdictions to meet their own climate goals. It allows them to decide on standards that meet their needs and interests, so long as they also meet or exceed state code requirements.
Historically, such local ordinances have served as a bellwether for statewide standards. They provide a place to test market readiness for new technologies and regulations, drive innovation of new technologies and efficiencies, and bring down the cost of efficient building technologies by creating an installed user base that encourages scale manufacturing.
What’s Next?
In developing the standards over the past two years, the CEC met with more than 50 industry stakeholder groups, and 43 public workshops were held.
Under the rulemaking, the standards are vetted over a 45- to 60-day period before they go to the CEC for adoption.
Then they are submitted to the California Building Standards Commission for approval as one part of the whole building code. Builders, contractors, and other stakeholders have one year until implementation to gear up for the change. 2022 Energy Code Update Timeline
California Energy Commission Adoption August 2021
California Building Standards Commission Approval Hearing December 2021 Effective Date January 1, 2023
9 10
EXHIBIT 1
For Further Reading
• The Rulemaking Process: bit.ly/3fPO2H8
• 2019 Building Energy Efficiency
Standards Frequently Asked
Questions: bit.ly/3fJHOs8
• 2019 California Energy Efficiency Action
Plan: (overall webpage) bit.ly/3s4fYMc
• California Building Decarbonization
Assessment: bit.ly/3iwpuEM
Governor
Gavin Newsom
Chair
David Hochschild
Executive Director
Drew Bohan
Commissioners
Karen Douglas, J.D.
Siva Gunda
J. Andrew McAllister, Ph.D.
Patricia Monahan
August 2021
energy.ca.gov | facebook.com/CAEnergy | twitter.com/CAEnergy | instagram.com/CAEnergy EXHIBIT 1
2022 TITLE 24
California Code Changes
July 2022
1 st Edition
EXHIBIT 2
Acknowledgements
Governor Gavin Newsom
Secretary of the Government Operations Agency, Amy Ton
Director of the Department of General Services, Ana Lasso Members of the California Building Standards Commission Chair, Secretary Amy Tong
Vice Chair, Rajesh Patel
Commissioners:
Kent Sasaki Erick Mikiten
Elley Klausbruckner Rajesh Patel
Peter Santillan Juvilyn Alegre
Aaron Stockwell Laura Rambin
Frank Ramirez James Haskin
Executive Director, Mia Marvelli
Deputy Executive Director, vacant
The California Building Standards Commission is a commission within the Department of General Services
Visit our website at dgs.ca.gov/BSC
Please submit comments and suggestions for improvements or additions to this publication to [email protected]
or mail to
California Building Standards Commission
Mia Marvelli, Executive Director
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Some of CBSC’s publications available on the website’s Resources page:
Guide to Title 24
It’s Your Building Department
Guide for Local Amendments of
Building Standards
Public Guide to the Building
Standards Adoption Process
Frequently Asked Questions
Glossary of Terms
EXHIBIT 2
i
TABLE OF CONTENTS
Introduction............................................................................................... 1 California Administrative Code – Part 1.................................................. 3 Chapter 1 – Building Standards Commission ............................................................ 3 Chapter 3 – State Fire Marshal.................................................................................. 3 Chapter 4 – Division of the State Architect ................................................................ 3 Chapter 7 – Office of Statewide Health Planning and Development.......................... 4 Chapter 10 – California Energy Commission ............................................................. 5 California Building Code – Part 2 ............................................................ 6 Tall Wood/Mass Timber provisions in various chapters of Part 2 .............................. 6 Chapter 1 – Scope and Administration ...................................................................... 6 Chapter 2 – Definitions .............................................................................................. 7 Chapter 3 – Occupancy Classification and Use......................................................... 8 Chapter 4 – Special Detailed Requirements .............................................................. 9 Chapter 5 – General Building Heights and Areas ...................................................... 9 Chapter 7A – Materials and Construction Methods.................................................... 9 Chapter 9 – Fire Protection Systems ....................................................................... 10 Chapter 10 – Means of Egress ................................................................................ 10 Chapter 11B – Accessibility to Public Buildings ....................................................... 11 Chapter 12 – Interior Environment........................................................................... 11 Chapter 14 – Exterior Walls ..................................................................................... 16 Chapter 16 – Structural Design................................................................................ 16 Chapter 16A – Structural Design ............................................................................. 16 EXHIBIT 2
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Chapter 17 – Special Inspections and Tests............................................................ 17 Chapter 17A – Special Inspections and Tests ......................................................... 18 Chapters 18 and 18A – Soils and Foundations........................................................ 18 Chapter 19 – Concrete............................................................................................. 18 Chapter 19A – Concrete .......................................................................................... 19 Chapter 21 – Masonry ............................................................................................. 20 Chapter 21A – Masonry ........................................................................................... 20 Chapter 24 – Glass and Glazing.............................................................................. 21 Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster........................ 21 Chapter 27 – Electrical............................................................................................. 22 Chapter 31 – Special Construction .......................................................................... 22 Chapter 31B – Public Swimming Pools.................................................................... 22 Chapter 35 – Referenced Standards ....................................................................... 23 California Residential Code – Part 2.5...................................................24 Chapter 1 – Scope and Application.......................................................................... 24 Chapter 2 – Definitions ............................................................................................ 24 Chapter 3 – Building Planning ................................................................................. 24 Chapter 4 – Foundations ......................................................................................... 26 Chapter 7 – Wall Covering....................................................................................... 27 Chapter 8 – Roof-Ceiling Construction .................................................................... 27 Chapter 9 – Roof Assemblies .................................................................................. 28 Chapter 44 – Referenced Standards ....................................................................... 28 Appendix AS – Strawbale Construction ................................................................... 28 Appendix AX............................................................................................................ 29 EXHIBIT 2
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California Electrical Code – Part 3.........................................................30 California Energy Commission................................................................................. 30 Housing and Community Development.................................................................... 30 State Fire Marshal.................................................................................................... 30 Office of Statewide Health Planning and Development............................................ 30 California Mechanical Code – Part 4 .....................................................32 Chapter 1 – Scope and Application.......................................................................... 32 Chapter 2 – Definitions ............................................................................................ 33 Chapter 3 – General Regulations............................................................................. 33 Chapter 4 – Ventilation Air....................................................................................... 33 Chapter 6 – Duct systems........................................................................................ 34 Chapter 9 – Installation of Specific Appliances ........................................................ 34 Chapter 11 – Refrigeration....................................................................................... 35 Chapter 12 – Hydronics ........................................................................................... 35 California Plumbing Code – Part 5 ........................................................36 Chapter 1 – Scope and Application.......................................................................... 36 Chapter 4 – Plumbing Fixtures and Fixture Fittings ................................................. 36 Chapters 5 and 6 – Water Heaters and Water Supply and Distribution ................... 37 Chapter 6 – Water Supply and Distribution.............................................................. 37 Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems.......... 37 Chapter 15 – Alternate Water Sources for Nonpotable Applications........................ 37 Chapter 17 – Referenced Standards ....................................................................... 38 California Energy Code – Part 6 ............................................................39 EXHIBIT 2
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California Fire Code – Part 9..................................................................40 Overview .................................................................................................................. 40 Chapter 1 – Scope and Application.......................................................................... 40 Chapter 2 – Definitions ............................................................................................ 41 Chapter 3 – General Regulations............................................................................. 42 Chapter 4 – Emergency Planning and Preparedness.............................................. 42 Chapter 9 – Fire Protection and Life Safety Systems .............................................. 42 Chapter 10 – Means of Egress ................................................................................ 43 Chapter 12 – Energy Systems ................................................................................. 43 Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures....... 43 Chapter 38 – Higher Education Laboratories........................................................... 43 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas ........... 44 Chapter 80 – Referenced Standards ....................................................................... 45 Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework .. 45 California Existing Building Code – Part 10..........................................46 Chapter 1 – Scope and Application.......................................................................... 46 Chapter 2 – Definitions ............................................................................................ 46 Chapter 3 – Provisions for All Compliance Methods................................................ 47 Chapter 5 – Prescriptive Compliance Method.......................................................... 48 Chapter 16 – Referenced Standards ....................................................................... 48 Department of Housing and Community Development............................................ 49 California Green Building Standards Code – Part 11...........................50 Chapter 2 – Definitions ............................................................................................ 50 Chapter 4 – Residential Mandatory Measures......................................................... 50 EXHIBIT 2
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Chapter 5 – Nonresidential Mandatory Measures.................................................... 52 Chapter A4 – Residential Voluntary Measures ........................................................ 53 Chapter A5 – Nonresidential Voluntary Measures ................................................... 53 California Referenced Standards – Part 12...........................................55 Building Standards Commission .............................................................................. 55 State Fire Marshal.................................................................................................... 55 EXHIBIT 2
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EXHIBIT 2
1 INTRODUCTION
During the 2021 Triennial Code Adoption Cycle, California state agencies reviewed the most recent edition of national model codes and standards, and made amendments and additions to most parts of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). This publication contains information regarding substantive changes of interest to code users as they familiarize themselves with the 2022 edition of Title 24. For ease of reading, this document uses all normal font style (no italics). When looking at Title 24, it is a good idea to learn about and understand the various margin markings, banners and text styles that will indicate where changes have been made to the code and what amendments are model code changes versus California amendments. An explanation of margin markings can be found in the preface of each part of Title 24.
State agency acronyms that may be used in this publication BSC – Building Standards Commission
CDPH – California Department of Public Health
CEC – California Energy Commission
DSA – Division of the State Architect
DWR – Department of Water Resources
HCD – Department of Housing and Community Development
OSHPD – Office of Statewide Health Planning and Development (now Department of Health Care Access and Information – HCAI)
SFM – State Fire Marshal
For the applications of amendments adopted by the various state agencies, reference Chapter 1 of each part of Title 24.
The parts of Title 24 may be abbreviated as follows:
CBC – California Building Code, Part 2, Volumes 1 and 2 CRC – California Residential Code, Part 2.5
CMC – California Mechanical Code, Part 4
CPC – California Plumbing Code, Part 5
CFC – California Fire Code, Part 9
CEBC – California Existing Building Code, Part 10
CALGreen – California Green Building Standards Code, Part 11 CRSC – California Referenced Standards Code, Part 12
To avoid confusion with other acronyms, abbreviations are not used for the California Administrative Code (Part 1), California Electrical Code (Part 3) or California Energy Code (Part 6).
EXHIBIT 2
2 Note that there were no significant updates to the California Historical Building Code, Part 8 of Title 24, and Part 7 is vacant, so those parts are not listed here. There are no changes to Part 8 because the State Historical Building Safety Board adopted the 2022 California Historical Building Code by carrying forward existing provisions from the 2019 edition without further amendment.
Model code developers:
Every three years the national model codes and standards are published, and by law California is required to incorporate specific model codes and standards into Title 24.
The model code publishers often issue significant code change documents explaining national code updates and the reasons for them. Links to those documents are provide below.
IAPMO – The International Association of Plumbing and Mechanical Officials (Parts 4 and 5)
Uniform Mechanical and Plumbing Code Updates webpage
ICC – The International Code Council (Parts 2, 2.5, 9 and 10) Purchase ICC’s 2021 Significant Changes publications
NFPA – National Fire Protection Association (Part 3)
2020 National Electrical Code updates links
Please watch the California Building Standards Commission’s (CBSC) video About Title 24 to learn about the code's layout and contributing state agencies. For more indepth information, visit CBSC’s Resources webpage to view and download educational publications such as a Guide to Title 24.
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3 CALIFORNIA ADMINISTRATIVE CODE – PART 1
Chapter 1 – Building Standards Commission
1-209 Code Advisory Committees
Amended existing section footnote to clarify the requirements of the Fire Official and Local Government Water Efficiency Official positions in the Code Advisory Committees.
Sections 1-407, 1-411, 1-415, 1-419
Added document accessibility as a requirement for documents included in state agencies’ rulemaking submittals and added reference to Government Code Section 11546.7.(a).
1-507 Fee Collection
Amended existing section to remove information regarding the check-only payment method, added instructions for submitting payment and forms by mail (check) or email (electronic payment platform), and let fee payers know that they may only use the approved electronic payment platform, and that there is information regarding the platform on CBSC’s website.
Chapter 3 – State Fire Marshal
Article 3-1 General Provisions and Article 3-2 Definitions Added sections to Chapter 3 that was reserved for SFM in the 2019 edition. These sections provide clarifying language regarding the SFM fire and life safety authority for state-owned buildings, specified state-occupied buildings, and state institutions.
Chapter 4 – Division of the State Architect
4-309(c).2.B Reconstruction or alteration projects in excess of $100,000 in cost
Repealed exception to the section as it is inconsistent with the definition of “rehabilitation” in the regulations. The exception also implied that only the “…elements of the lateral force resisting system” need be evaluated, which led to confusion as DSA’s Seismic Performance Requirements per Table 317.5 explicitly require that the evaluation include assessment of non-structural components. 4-330 Time of beginning construction and partial construction Changed requirements that construction must commence on all school buildings with an approved project within four years instead of one year or else the approval is void.
Given this new four-year rule, extensions no longer apply and were repealed. Added an exception permitting DSA to withdraw approval or institute post-approval EXHIBIT 2
4 requirements as necessary to address life-safety concerns in response to information received after approval of plans and before commencement of construction. 4-335(f)4 Structural tests and special inspections
Clarified requirements to provide DSA with daily special inspection reports when requested.
Group 3, Article 3 and deletion of Article 4
Revised procedure regarding submission of landscape plans for modifications, rehabilitations and new construction of landscape areas at public K-12 schools and community colleges.
The revisions include the elimination of a fee for review of landscape plans and revisions to the self-certification form, a provision that periodic site observations during construction will occur to ensure the work is completed in accordance with CALGreen Section 5.304 requirements, and replacement of two previously required selfcertification forms with a single form.
Chapter 7 – Office of Statewide Health Planning and Development 7-111 Definitions
Added clarification that the equipment referred to in the definition of “Actual Construction Cost” is construction equipment only.
Added the definition of “Start of Construction” to clarify that the start date of construction may include actual physical work as well as the preparation for construction such as manufacturing components offsite.
Sections 7-111, 7-121, 7-130, 7-133 and others
Combined “Phased Plan Review” and “Collaborative Review and Construction” into a single process called “Integrated Review.” Renamed “Phased Plan Review” to “Integrated Review” so the definition of “Integrated Review” is added, the definition of “Phased Plan Review” is repealed, all references to “Phased Plan Review” and “Collaborative Review and Construction” are removed, and Memorandum of Understanding (MOU) is renamed to Integrated Review Plan (IRP).
Sections 7-113, 7-153 and others
Amended existing language to provide requirements for electronic submittals and field records.
7-123 Preliminary plans and specifications
Amended existing language to remove “outline” from the submittal requirements for specifications during a preliminary review as it has been proven an outline specification is insufficient for most preliminary reviews.
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5 7-129 Time limitations
Amended following subsections:
7-129(b) to provide revised time limitations based on the cost of a project. 7-129(d) to include a description of when a project is considered abandoned. 7-129(d) Exception to limit the exception to paragraphs (a) and (b) so they do not apply to managed projects. Manage project time limitations would not apply as the durations are negotiated.
7-133 Fees
Amended following subsections:
7-133(a) to allow for projects with estimated construction cost of less than $250,000 to be invoiced at the rate of 2.0 percent of the estimated construction cost. 7-133(h) to remove collaborative review and replace phased review with integrated review. The fee of 1.95% is to be applied to integrated review. 7-145 Continuous inspection of the work
Clarified the requirement for the Inspector of Record to notify the office in writing when work is started and for the field record report to include the time and date of all correspondence with the contractor regarding incomplete work, potential deficiencies or deviation which require the contractor’s attention. Added additional requirements for the reports.
Chapter 10 – California Energy Commission
Please visit the California Energy Commission’s website for updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview EXHIBIT 2
6 CALIFORNIA BUILDING CODE – PART 2
Tall Wood/Mass Timber provisions in various chapters of Part 2 BSC—DSA—HCD—OSHPD—SFM
Sections regarding construction elements of Tall Wood/Mass Timber and Heavy Timber were early adopted by various state agencies as amendments to the 2019 California Building Code (CBC) during the 2019 Intervening Code Adoption Cycle and issued as a supplement with a July 1, 2021, effective date. The amendments are repealed, as they are now included in the adopted 2021 International Building Code (IBC).
Part 2 Chapter Sections
Chapter 1 110.3.5
Chapter 2 202
Chapter 5 508.4.4.1, 509.4.1.1
Chapter 6 602.4 through 602.4.4.2
Chapter 7 703.6, 703.7, 718.2.1, 722.7 through 722.7.2.2 Chapter 17 - Sections 1705.5.3, 1705.5.5, 1705.11.1, 1705.11.2, 1705.12.2, 1705.12.3, 1705.20, 1705A.4.1, 1705A.5.5, 1705A5.7
Chapter 17 - Tables 1705.5.3, 1705.5.7, 1705A.5.3
Chapter 23 2304.10.1.2, 2304.11.3, 2304.11.4
Chapter 31 3102.3, 3102.6.1.1
Chapter 35 ANSI/APA PRG 320-2019, ASTM D3498-03(2011)
Chapter 1 – Scope and Administration
Building Standards Commission
105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019, and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019, to local building departments, state agencies and CBSC interested parties.
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7 Office of Statewide Health Planning and Development
1.10.2 OSHPD 2, 2A and 2B
OSHPD added new occupancy classifications to address distinctions between skilled nursing facility and intermediate care facility buildings erected with specific construction materials.
OSHPD 2 has been split into two (2) categories. OSHPD 2A is for skilled nursing facility and intermediate care facility buildings of single-story, wood-frame, or light steel frame construction or buildings of single-story, wood-frame, or light steel frame construction where only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care and must meet model code requirements.
OSHPD 2B skilled nursing facility and intermediate care facility buildings of all other types must meet the requirements designated by the OSHPD 2B banner.
If the only designation is OSHPD 2, the application is for both 2A and 2B.
State Fire Marshal
1.11.1 Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Public resources: omnibus trailer bill. (2019-2020)) that required the State Fire Marshal to provide a more accurate definition.
1.11.6 Certificate of Occupancy
Amendment citing a reference to Section 105.2 clarifying work exempt from permit.
Division of the State Architect, Department of Housing and Community Development, Office of Statewide Health Planning and Development, and State Fire Marshal
110.3.12 Types IV-A, IV-B and IV-C connection protection inspection This amendment was added in the 2019 intervening cycle but is now part of model code language in the 2021 IBC, therefore, this section is repealed to avoid duplication.
Chapter 2 – Definitions
California Energy Commission
CLIMATE ZONE Amended definition with specific reference to Figure 100.1-1 of the California Energy Code pertaining to the applicability of assigned climatic criteria for geographic regions to distinguish between the International Energy Conservation Code (IECC) and the California Energy Code.
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8 State Fire Marshal
CHILD CARE Added a new defined term for child care that is consistent with the definition in Title 22 (Social Security) of the California Code of Regulations (Title 22).
DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.
INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.
PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.
PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in Chapters 15 and 16.
TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.
Chapter 3 – Occupancy Classification and Use
State Fire Marshal
304.1 Business Group B and 304.4 Higher education laboratories Removed new model code language about higher education laboratories from Section 304.1 and deleted new model code Section 304.4 since model code language for higher education laboratories is not used in California and conflicts with California’s Group L occupancy classification.
305.2 Group E, Child care facilities
Amendments clarifying child care regarding emergency situations applying to Groups I, E and R Occupancies.
310.3 Residential Group R-2
Amended the definition for Group R-2 to meet requirements of SB 234 (Chapter 244, Statutes of 2019): Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Section 1597.46.
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9 Chapter 4 – Special Detailed Requirements
State Fire Marshal
455 Large Family Day-Care Homes
455.2. Amendment to meet requirements of SB 234 (Chapter 244, Statutes of 2019):
Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Sections 1597.45 and 1597.46 (reprinted in this section). 455.6 Compliance
Repealed an amendment regarding the enforcement of Health and Safety Code Sections 13145 and 13146 to align with Section 455.2.
Chapter 5 – General Building Heights and Areas
State Fire Marshal
508 Mixed Use and Occupancy
508.2.4 Separation of occupancies
Amendment permitting the consideration of some uses as accessory occupancies.
Among other requirements, the amendment revises Section 508.2.4 Exception and limits permitted, unseparated accessory covered entrances to those required by Section 11B-206.4.10 for weather protection at entrances to medical care and long-term care facilities or Section 1224.33.2.1, emergency medical service exterior entrances. The amendment eliminates a conflict with provisions enforced by Centers for Medicare-Medicaid Services (CMS).
Table 508.4 Required separation of occupancies (hours), Footnote J Amendment to the footnotes in Table 508.4 that reduces the fire-resistive separation criteria for covered vehicle entrances required by other provisions of the California Building Code associated with Group I-2 occupancies from 2-hour to 1- hour fire-resistance-rated construction.
Chapter 7A – Materials and Construction Methods
State Fire Marshal
Extensive amendments to Chapter 7A Wildland-Urban Interface (WUI) regulations.
The amendments were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, other state agencies, building industry, testing labs, and stakeholders.
Other amendments have been made to be consistent with newly defined terms and to clarify established guidelines in WUI regulations that address different fire severity areas and agency responsibilities that are outlined in Chapter 49 of the CFC.
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10 702A Definitions
FIRE PROTECTION PLAN Amended this defined term to align with the same defined term in Section 4903 of the CFC.
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
704A IGNITION-RESISTANT CONSTRUCTION Added testing standard for wood structural panels in Subsection 704A.3.1 Fire testing of wood structural panels.
Additional amendments in Section 704A are consistent with previous amendments made in Chapter 23 regarding fire-retardant-treated-wood and pressure treated materials.
710A Accessory Buildings and Miscellaneous Structures
710A.1 General Clarifies that Group U Occupancy accessory buildings shall conform to this section.
710A.3 Where required Amendment and subsections that are organized by uniform categories of distances from applicable buildings, and mandate enforcement for buildings greater than 120 square feet, and leave discretion to local Authority Having Jurisdiction (AHJ) for buildings less than 120 square feet. 710A.4 Roof construction Amendment that for an accessory building required to be constructed of noncombustible or ignition resistant materials, its roof must meet Class A fire rating.
Chapter 9 – Fire Protection Systems
State Fire Marshal
903.3.1.1.3 Solar photovoltaic power systems
Amendment to delete a requirement for the installation of smoke detectors in outdoor locations as a substitute for sprinkler protection.
Department of Housing and Community Development
915 Carbon monoxide detection
Modified to reference NFPA 72 National Fire Alarm and Signaling Code.
Chapter 10 – Means of Egress
State Fire Marshal
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to CFC Sections 1104.16.7 and 1104.16.5.1 regarding the maintenance requirements for fire escapes have been relocated to Section 1032.
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11 Chapter 11B – Accessibility to Public Buildings
Division of the State Architect – Access Compliance
11B-108 Maintenance of Accessible Features
Added requirements to include facilities regulated in Chapter 11B, including public and commercial buildings, as well as public housing in addition to public accommodations.
Chapter 12 – Interior Environment
California Energy Commission
User Note
Modified to properly reference the California Energy Code. 1202.3.1 California Energy Code and International Energy Conservation Code (IECC) Climate Zones and Table 1202.3.1 IECC vs California Energy Code Climate Zone Comparison
Added section and table to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code by explaining the relationship between the two codes and adding Table 1202.3.1 to represent these differences.
Department of Housing and Community Development
1202.2.1 Ventilated attics and rafter spaces and 1202.3 Unvented attic and unvented enclosed rafter assemblies
Repealed reference to Climate Zones 14 and 16 and California Energy Code Figure 100.1-A since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.
Table 1202.3 Insulation for condensation control
Repealed reference to specific climate zones from the table since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.
Office of Statewide Health Planning and Development
1224.3 Definitions
HANDWASHING STATION Amended existing language to clarify that hands-free operation is required at the door and not at the handwashing fixture.
INVASIVE PROCEDURE New definition to be used to determine the classification of the imaging room or procedure room required.
LOCATION TERMINOLOGY Terms for relationship to an area or room.
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12 READILY ACCESSIBLE Amended existing language to avoid ambiguity by removing the requirement that the area or room also be “directly accessible.” New language added to include option for locating readily accessible areas or rooms to within 200 feet of department or space served to accommodate space orientation or security concerns.
PROCEDURE ROOM New definition specifically designates the procedure room as the intermediate level room for procedures that do not require a full surgical environment.
RESTRICTED AREA Amended existing language to better align with Facilities Guidelines Institute (FGI), which stipulates that a restricted area is a designated space contained within the semi-restricted area and accessible only through a semirestricted area. This definition is required to determine the level of procedure room to be used and the requirements therein.
SEMI-RESTRICTED AREA New defined term per request of CDPH. This area applies to intermediate level procedures and imaging as well as peripheral areas that support surgical services.
START OF CONSTRUCTION OSHPD added the definition to Part 1, California Administrative Code. The banner note added to this definition avoids ambiguity and clarifies that the term is not adopted by OSHPD.
UNRESTRICTED AREA New defined term per CDPH request. This area applies to any area of the department that is not defined as semi-restricted or restricted. This definition is required to determine the level of control outside a surgical area or within a medical department.
1224.4.4.1 Examination, treatment, and procedure rooms
Amended existing language to add “procedure room” to the heading. 1224.4.4.1.2 Treatment room
OSHPD has coordinated with CDPH to add a requirement for providing a new service space for exercise stress testing. This space can be in several locations within a hospital and not assigned to any one service. Amended language allows for exercise stress testing in a treatment room due to the need for space for a crash cart and possible resuscitation.
1224.4.4.1.4 Procedure room
Added new language to align with Facilities Guidelines Institute (FGI) requirements and renumbered following sections.
1224.4.4.4.1 Medication preparation room
Per CDPH request, amended existing language to remove the requirement that a medication preparation room be directly accessible from the nursing station.
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13 Table 1224.4.6.1
Line 6 has been identified specifically for “Intensive Care” to avoid confusion with the similarly named room on Line 3.
Table 1224.4.6.5
Added Note 1 to the line for Patient Toilet Room under column 1226. Current language is confusing and is often misinterpreted that a nurse call station is required in all clinic patient toilets under column 1226. The note clarifies that a nurse call station is not required for Primary Care, Chronic Dialysis or Psychology Clinic patient toilet rooms.
1224.4.11 and 1224.4.11.4.1 Interior Finishes
Added a pointer to the new table for different levels of procedure and imaging rooms. Includes new Table 1224.4.11.4a which identifies the different levels of exam/procedure rooms as well as the different classes of imaging rooms, including the room type, the uses in each type of room, if the room is unrestricted, semirestricted or restricted, how it is accessed, and the level of finishes required. 1224.14.2 Support areas
Amended existing language to allow for support areas that service nursing units to be shared if there is direct access, including nurses’ office, a clean utility/workroom, soiled workroom or soiled holding room, nourishment area and equipment storage room.
1224.14.2.15 Special bathing facilities
Amended existing language for special bathing facilities to be optional. Per review with CDPH, special bathing facilities for roll-in gurneys should not be a requirement as there are several other methods of bathing or cleaning bedridden patients. 1224.15.1 General
Amended existing language to clarify that a sterile core where clean equipment is stored prior to bringing into an operating room is required to be in a restricted area. 1224.15.2.2 Procedure room(s)
Added a pointer to the requirements for a procedure room. The following section 1224.15.2.2.1 was renumbered.
1224.16.3 Recovery and Post-Anesthesia Care Unit (PACU) Amended existing language to clarify the clearances required between beds and the access aisle at the foot of a bed.
1224.18 Radiological/diagnostic imaging service space
Amended existing language to provide direction for applying the new classes of imaging rooms. To alleviate confusion, pointers are provided to Table 1224.4.11.4a and to address more acute-level procedures using imaging systems in hybrid operating rooms.
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14 1224.18.1 Minimum requirements
Amended existing language to allow a CT scanner to be used as the primary imaging modality once Title 22 is revised. Existing language was also amended to allow the space used for processing images to also be used exclusively for viewing, as processing technology is no longer required on newer equipment. Requirements for handwashing stations were added to provide direction for applying the new classes of imaging rooms.
1224.18.1.1 Radiation protection
Added requirements for radiation protection in the new classes of imaging rooms. 1224.18.1.2 Multiple-modality devices
Added new language to clarify that when two or more modalities are integrated into one device, the requirements of both must be met. This would apply to space requirements, radiation protection and any differences in the requirements. 1224.18.4 Magnetic resonance imaging (MRI)
Added new language to provide safety zones for MRIs. Existing language for the imaging equipment room was amended to align with other imaging equipment room annotation.
1224.18.5 Ultrasound
Amended existing language to properly identify an ultrasound exam room. An exception is added to not require a directly accessible toilet if only specific exams are conducted. Language is added for the requirements of a processing room if it is to be provided as a support service.
1224.19.7 Support areas for staff
Amended existing language to align with Title 22 and Board of Pharmacy regulations that pharmacy staff lounge, lockers and toilet may be readily accessible in lieu of immediately accessible.
1224.20.3 Outside service
Amended existing language to clarify that if a temporary mobile kitchen is approved by CDPH for use during construction, a separate warming kitchen is not needed internally.
1224.22 Central sterile supply
Per a request from CDPH, amended existing language to clarify that a central sterile supply process includes distinct spaces within one or more rooms. 1224.25 Employee dressing rooms and lockers
Amended existing language to clarify that the lockers must be separate from the toilet room and not within it.
1224.28.2.1 Procedure room and 1224.28.2.3 Equipment space Amended existing language to update “x-ray” to “imaging” equipment.
EXHIBIT 2
15 1224.28.4.8 Imaging equipment room
Amended existing language for the imaging equipment room to align with other imaging equipment room annotations.
1224.28.4.12 Staff changing areas
Amended existing language to clarify that both male and female staff changing areas are required as interventional procedures are equivalent to surgery and have the same changing requirements.
1224.28.5.2 Control room
Added new language to allow cameras to be used for patient observation in hybrid operating rooms as the configuration of the rooms may prevent full patient visibility within the equipment bore from within the control room. 1224.28.5.5.2 iMRI
Corrected reference pointer in Item 3 of 1224.28.5.5.2 to indicate that the anteroom must comply with Section 1224.18.4.2, Item 2.
1224.28.5.5.3 Vascular imaging
Corrected reference pointer to indicate that hybrid operating rooms with vascular imaging systems must comply with Section 1224.18.4.
1224.29.1.12 Medication station
Added to existing language to clarify that refrigerated storage is required for the medication station in an ICU.
1224.29.1.13 Airborne infection isolation room
Amended existing language to clarify that ICU units that are protected environments do not require airborne infection isolation rooms as all rooms are already negative pressure.
1224.29.2 Newborn intensive care units (NICU)
Amended existing language to clarify that the headwall in a NICU does not need to be 13 feet long as in an ICU. This would force the NICU bed spaces to be much larger than needed.
1224.30 Pediatric and Adolescent Unit
Amended existing language to align with Title 22 language for pediatric and adolescent units, and clarified that both an exam room and a treatment room are required in or adjacent to the pediatric unit.
1224.31.1.1 General
Amended existing language to clarify that the requirements for a psychiatric nursing unit in Section 1224 is for a psychiatric medical unit and Section 1228 is for a psychiatric ambulatory unit.
EXHIBIT 2
16 1224.31.1.10 Occupational therapy
Amended existing language to remove the requirement for an area for teaching daily living activities.
1224.31.1.17 Administrative center(s) or nurse stations(s) Added new language to state that a nurse station can be no further than 90 linear feet from the furthest patient room doorway. This is a Title 22 requirement for a medical psychiatric unit which was not currently in the building code.
Chapter 14 – Exterior Walls
California Energy Commission
1404.3.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment added to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code and to crossreference Table 1202.3.1, which describes the differences between these codes.
Chapter 16 – Structural Design
Office of Statewide Health Planning and Development
1605.2 (Formerly 1605.3.2) Alternative allowable stress design load combinations
Added variable load requirement for the alternative allowable stress design load combinations for OSHPD 1R, 2B and 5.
Table 1613.2.3(1) and Table 1613.2.3(2)
Amendment language for Site Class E (Table 1613.2.3(1) only) and Footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35.
Division of the State Architect
1617.3.2 Alternative allowable stress design load combinations Added variable load requirement where the alternative allowable stress design load combinations of Section 1605.2 are used.
Chapter 16A – Structural Design
Division of the State Architect and
Office of Statewide Health Planning and Development
Updates, clarifications and revisions to ASCE 7 standards: Seismic ground motion values, response modification coefficient; Two-Stage Analysis Procedure; Horizontal and Vertical Irregularities for Seismic Design Categories; Foundation connections; Wall, Roof or Floor Hung Equipment; Provisions for piping and tubing systems.
EXHIBIT 2
17 1605A.2 Alternative allowable stress design load combinations Added a variable load requirement for the alternative allowable stress design load combinations.
Table 1613A.2.3(1) and Table 1613A.2.3(2)
Amendment language in Site Class E (Table 1613.2.3(1) only) and footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35. 1617A.1.3 ASCE 7, Section 11.4
Modifications to ASCE 7 including an amendment added to adopt ASCE 7-16 Supplement 3 which updates various subsections in ASCE 7-16 Section 11.4 to the seismic ground motions values.
1617A.1.5 ASCE 7, Section 12.2.3, 12.2.3.1, and 12.2.3.2 Amended to incorporate the ballot change proposals related to combining of different lateral force resisting systems and the Two Stage Analysis Procedures that passed main committee ballot of ASCE 7-22. Some of these amendments will need to be deleted when ASCE 7-22 is adopted to avoid duplication. 1617A.1.10 ASCE 7, Section 12.3.3.1
Exception 2 added to address structures having a horizontal structural irregularity Type 1b of Table 12.3-1.
1617A.1.16 ASCE 7, Section 12.13.9.2
Clarification added that lateral building response including seismic load combinations do not need to be considered concurrently with differential settlements for shallow foundations on liquefiable sites, and to clarify that force demands due to differential settlements are not required to be additive to the seismic earthquake demands.
1617A.1.18 ASCE 7, Section 13.1.4
This section applying to different types of equipment is now being co-adopted by DSA with varying weight requirements. Wall, Roof or Floor Hung Equipment requirements added by both DSA and OSHPD.
1617A.1.27 and 1617A.1.28
Clarification added that minimum horizontal acceleration requirement is an allowable stress design load.
Chapter 17 – Special Inspections and Tests
Office of Statewide Health Planning and Development
1705.3.9 (formerly 1705.19) Shotcrete and 1705.3.9.1 (formerly 1705.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
EXHIBIT 2
18 1705.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in an amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5.
Chapter 17A – Special Inspections and Tests
Division of the State Architect and
Office of Statewide Health Planning and Development
1705A.3.9 (formerly 1705A.19) Shotcrete and 1705A.3.9.1 (former 1705A.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
1705A.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5. 1705A.8.1 Micropile tests and 1705A.9.1 Helical pile tests Added preproduction and production load tests requirements. 1705A.13.5.2 Structural sealant glazing and 1705A.14.2.1 Structural sealant glazing testing
Added testing, manufacturer’s certification, and special inspection requirements.
Chapters 18 and 18A – Soils and Foundations
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments regarding construction documentation, seismic designs of precast concrete piles and corrosion protection throughout Chapters 18 (OSHPD only) and 18A (OSHPD and DSA) are to correspond with revisions and updated references in model code regarding OSHPD and DSA occupancies and compliance to ACI 318 and ASCE 7.
Chapter 19 – Concrete
Office of Statewide Health Planning and Development
1901.3.4 Tests for post-installed anchors in concrete and 1901.3.4.3 Test frequency
OSHPD 2A excluded from the scope of Section 1901.3.4. Exception added for OSHPD 2B to clarify that for in-state detention and correctional facilities, tension EXHIBIT 2
19 testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances.
1905.1.7 ACI 318, Section 14.1.4
Amendment to ACI 318 has been revised to not permit plain concrete in place of required longitudinal reinforcing of footings in Seismic Design Categories D, E and F.
1908 Shotcrete
The model code has repealed all shotcrete requirements in favor of those contained in the new version of the adopted material standard ACI 318-19, so some amendments have been relocated to Section 1905 or 1705 and amendments were added to coordinate with the updated standards.
Division of the State Architect
1909.2.8 Flat wall insulating concrete form (ICF)
Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction. 1909.3 Modifications to ACI 318 and 1909.4 Shotcrete
Existing amendments revised as necessary to coordinate with the new version of the adopted material standard ACI 318-19. The 2021 IBC repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19, so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.
Chapter 19A – Concrete
Division of the State Architect and
Office of Statewide Health Planning and Development
1903A.4 Flat wall insulating concrete form (ICF) systems Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction (DSA only). 1905A.1.3 ACI 318, Section 9.6.1.3
Amendment to allow the minimum steel reinforcement limit given in the adopted material standard ACI 318-19 to apply to foundation members resisting seismic loads designed for load combinations, including the overstrength factor.
Sections 1905A.1.15, 1905A.1.16, 1908A
The 2021 IBC has repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19 so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.
EXHIBIT 2
20 1910A.5.3 Test frequency
Exception added for OSHPD 4 to clarify that in state detention and correctional facilities, tension testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances (OSHPD only).
Chapter 21 – Masonry
California Energy Commission
2109.2.4.8.2 Vapor permeance
Amendment added with specific reference to Table 1202.3.1 to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Division of the State Architect
2115 Additional requirements for community colleges
Existing amendments in sections 2115.5, 2115.6, 2115.7 and 2115.9 revised as necessary to align with changes DSA and OSHPD made in sections 2104A.3, 2105A.2 and 2106A.1, and changes OSHPD made in 2104.2, 2105.2 and 2106.1. All the above-mentioned amendments in Chapters 21 and 21A have been made to provide better clarity and alignment with TMS 402/602.
Office of Statewide Health Planning and Development
Sections 2101, 2103, 2104, 2105, 2106, 2107 and 2108
Added a new occupancy classification OSHPD 2B to address skilled nursing and intermediate care facilities to distinguish application to care facilities other than OSHPD 2A regarding grout pours, approved masonry admixtures and quality assurance measures. Revisions also made to the existing amendments to provide better clarity and alignment with TMS 402/602.
2103.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
2103.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
Chapter 21A – Masonry
Division of the State Architect and
Office of Statewide Health Planning and Development
2103A.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
EXHIBIT 2
21 2103A.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
2104A Construction, 2105A Quality assurance, 2106A Seismic design, 2107A Allowable stress design and 2108A Strength design of masonry Revisions to existing amendments including relocation to other sections that modify associated sections in TMS 402 and 602 and adding amendments to provide better clarity and alignment with the referenced standards.
California Energy Commission
2109.2.4.8.2 Vapor permeance. Exception
Amendment to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code, and to cross-reference Table 1202.3.1 that describes the differences between these codes.
Chapter 24 – Glass and Glazing
Division of the State Architect and
Office of Statewide Health Planning and Development
2410 Structural sealant glazing (SSG)
OSHPD 2A facilities excluded from the scope of Section 2410. 2410.1.2 Testing and inspection
In Item 1, the reference to ASCE 7 Section 13.5.9.2 is removed for clarity, as the language contradicts the requirements of Item 1 by allowing engineering analysis in lieu of testing. DSA added an exception to reduce testing requirements for Risk Category I, II, and III buildings within DSA-SS and DSA-SS/CC authority where the prevention of glass fallout is not dependent on the structural sealant in two-sided configurations.
Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster California Energy Commission
2510.6.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment with reference to Table 1202.3.1 pertaining water-resistive barriers and applicability of climate zone criteria to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
EXHIBIT 2
22 Chapter 27 – Electrical
State Fire Marshal
Section 2702 Emergency and Standby Power Systems
[F] 2702.1.2 Fuel-line piping protection
Added new Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access to the section.
Chapter 31 – Special Construction
California Building Standards Commission
3109.2 California swimming pool safety act (statewide)
Amended to reflect Senate Bill 1078, Statutes of 2018.
Department of Housing and Community Development
3115 Intermodal Shipping Containers, Exception 5
Adopted IBC Section 3115 and added an amendment to clarify that the use of shipping containers constructed or converted off-site that qualify as Factory-built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD.
State Fire Marshal
3111.3.5 Elevated photovoltaic (PV) support structures and 3111.3.5.1 PV panels installed over open grid framing or non-combustible deck Amendment establishing appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.
Division of the State Architect
3115 Intermodal shipping containers
Added regulations regarding the use of shipping containers.
Chapter 31B – Public Swimming Pools
Department of Housing and Community Development
Chapter 31B Public swimming pools
Adopted as applicable to swimming pools which are permanent accessory structures in Mobilehome Parks (MHP) and Special Occupancy Parks (SOP). The adoption provides health and safety standards similar to those for public pools outside of MHPs and SOPs.
EXHIBIT 2
23 Chapter 35 – Referenced Standards
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments to update the edition of various referenced standards including but not limited to AAMA 501.4, AAMA 501.6, ACI 355.2 and ACI 355.4. Add amendment to adopt Supplements 2 and 3, in addition to Supplement 1 of ASCE/SEI 7-16. Add amendments to adopt 506.4R-94 and 506.6T-17 for facilities within OSHPD authority.
State Fire Marshal
ASTM F2374 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices
Added provisions for inflatable amusement devices.
Several updates to NFPA referenced standards including NFPA 10-21, 13-22, 13D22, 13R-22, 24-19, 37-18, 54-18, 72-22, 111-19, 130-20, 289-19, 502-20 to follow 2021 IBC model code revisions and to align with state laws and regulations based on California specific topographical, climatic and geological issues.
NFPA 13-22 Installation of Sprinkler Systems
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.
NFPA 45-19 is deleted since it conflicts with CFC regulations.
NFPA 72-22 National Fire Alarm and Signaling Code
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.
EXHIBIT 2
24 CALIFORNIA RESIDENTIAL CODE – PART 2.5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.1 Specified State-occupied Buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.
Chapter 2 – Definitions
State Fire Marshal
Added new DEFINITIONS to support 2022 code changes: Child Care; Exterior Wall Assembly; Exterior Wall Covering; Inflatable Amusement Device; Photovoltaic (PV) Panel System, Ground Mounted; Photovoltaic (PV) Support Structure, Elevated; Toddler; Wildland-Urban Interface (WUI).
Chapter 3 – Building Planning
Department of Housing and Community Development
R301.2.2.10 Anchorage of water heaters
Repealed model code language about seismic design categories and replace references to IRC sections not adopted in California with reference to CPC.
R320.2 Live/work units
Amendment to correct references to CBC Chapters 11A and 11B for accessibility requirements.
EXHIBIT 2
25 R327 Aging-in-place design and fall prevention
Added new section that replaces IRC Section 327, Swimming Pools, Spas and Hot Tubs. Added to address specific aging-in-place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.
State Fire Marshal
R310.1 Emergency escape and rescue opening required
Repealed language that conflicts with the CFC and California Code of Regulations, Title 19, Public Safety.
R313.3.2 Sprinklers
Amended existing California amendment to add dry pipe sprinkler.
R324.8 Elevated photovoltaic (PV) support structures, R324.8.1 and R324.8.2 Added new sections to establish appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.
Figure R328.8.1 ESS vehicle impact protection
Added to illustrate the zones in which a typical residential garage Energy Storage System (ESS) installation would trigger the need for impact protection.
R328.8.2 Other locations subject to vehicle impact
Added to address other-than-garage locations that may also have vehicle access, such as residential driveways, and allows some flexibility to the AHJ and installer for larger, non-typical, or custom residential garages where the normal path of vehicle travel falls outside of the area defined in R328.8.1.
R328.8.3 Impact protection options
Added to define an impact protection area and set the expectation that the barriers are intended to deflect, resist or visually deter an impact. This language matches Section 312.3 in the IFC.
R336.2. Health and Safety Code Section 1597.46
Amendment to comply with changes made to the California Health and Safety Code (HSC) by Senate Bill 234 (Chapter 244, Statutes of 2019) regarding large family day-care homes. The revised HSC Section 1597.46 is printed in this section.
R336.6 Compliance
The paragraph regarding enforcement of HSC Sections 13145 and 13146 is repealed to comply with SB 234 (Chapter 244, Statutes of 2019).
R337.2 Definitions
APPLICABLE BUILDING Added to define an applicable building relative to the regulations of Chapter 7A.
EXHIBIT 2
26 EXTERIOR WALL ASSEMBLY and EXTERIOR WALL COVERING Added to distinguish between different exterior wall products in Section 707 of the California Building Code.
FIRE PROTECTION PLAN Modified existing definition to provide a reference pointer to CFC Chapter 49 for Wildland-Urban Interface (WUI) Fire Area requirements.
FIRE-RESISTANT VEGETATION Add new definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
IGNITION-RESISTANT MATERIAL Revised because SFM Standard 12-7A-5 has been repealed and rendered obsolete.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE Repealed existing definition.
R337.6.2.1 Off ridge and ridge vents
Repealed language regarding vents mounted on a vertical surface that has been incorporated into CBC Section 706A.2 requirements. The new language in R337.6.2.1 allows for a compliance path for off ridge and ridge vents to be used in the wildland urban interface, with protections against ember intrusion.
R337.7.3 Exterior wall coverings and R337.7.3.1 Exterior wall assembly Separated into two sections.
R337.7.4 Exterior wall assemblies and R337.7.4.1 Conditions of acceptance when tested in accordance with ASTM E2707
Revised language to clarify that the fire resistance rating for the newly defined “exterior wall assemblies” is consistent with exterior wall coverings in Section R337.7.3.
R337.10.4 Roof construction
Revised language to clarify that when an accessory building is required to be constructed of noncombustible materials or of ignition-resistant materials, its roof must meet Class A fire rating.
Chapter 4 – Foundations
Department of Housing and Community Development
R408.3 Unvented crawl space
Repealed amendment regarding crawl space perimeter wall insulation and reference to the California Energy Code.
EXHIBIT 2
27 California Energy Commission
R408.8 Under-floor vapor retarder
New Note with a specific reference to Table R702.7(5) in this section regarding the applicability of vapor retarders and insulation with respect to the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Chapter 7 – Wall Covering
Department of Housing and Community Development
R702.7.1 Class III vapor retarders
Repealed amendments pertaining to the California Climate Zones relative to vapor retarders for interior wall coverings. The California Energy Commission amended sections specific to climate zones in CRC Chapters 4, 7, 8, and Appendix AS and in the California Energy Code.
California Energy Commission
R702.7.2 California Energy Code and International Energy Conservation Code Climate Zones.
New section with a specific reference to Table R702.7(5) pertaining to the use spray foam plastic insulation and the difference between the applicability of climate zones identified in ICC model codes and the climate zones identified in the California Energy Code.
Table R702.7(5) IECC vs. California Energy Code Climate Zone Comparison New Table depicting specific differences between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Chapter 8 – Roof-Ceiling Construction
California Energy Commission
R806 Roof Ventilation, Note
Informational Note added to the section with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
State Fire Marshal
R806.1.1 Vents in the Wildland Urban Interface (WUI)
Amended to ensure that where vents are provided in WUI areas, they are required to be protected from the intrusion of burning embers and flame.
EXHIBIT 2
28 Chapter 9 – Roof Assemblies
State Fire Marshal
R902.1.2 Roof coverings within state responsibility areas This existing amendment is repealed to correlate with CBC Chapters 7A and 15 for roof coverings in WUI areas.
Chapter 44 – Referenced Standards
State Fire Marshal
ASTM F2374
Added to address safety requirements for inflatable amusement devices also known as “bounce houses,” and to correlate with the type of devices covered by IFC requirements.
UL 9540-2020
Modifies the existing standard. The second edition of UL 9540 has new requirements that limit the maximum energy capacity of individual nonresidential electrochemical Energy Storage Systems (ESS) to 50 kWh with certain exceptions.
UL 9540A-Edition 4 2019
Modified the existing California amendment to correlate with other updates and new regulations regarding battery ESS.
Appendix AS – Strawbale Construction
California Energy Commission
Appendix AS – Strawbale Construction
Informational Note added to the appendix title heading with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.
Department of Housing and Community Development
Amended this appendix to repeal references to climate zones and the California Energy Code.
EXHIBIT 2
29 Appendix AX
Building Standards Commission
Swimming Pool Safety Act
Amended the note under the title to reflect this law is mandatory, not optional for local adoption. To align with the CBC, Chapter 31, Appendix AX section numbers were reformatted to reflect the numbering used in HSC 115920 through 115929.
EXHIBIT 2
30 CALIFORNIA ELECTRICAL CODE – PART 3
California Energy Commission
Sections of the California Electrical Code were amended by CEC to assist code users by identifying additional applicable energy efficiency-based electrical requirements in the California Energy Code that are applicable to the following systems:
• Electrical power distribution systems.
• Panelboards in single-family and multifamily buildings • Heat pump water heaters, electric cooktops, electric clothes dryers and their electric readiness in single-family and multifamily buildings • Electrical requirements for energy storage systems (ESS) and their electric readiness in multifamily buildings
Part 3 Chapter Sections
Chapter 1 89.101.8.2
Chapter 4 408.2(A), 408.2(B), 422.3(A),
422.3(B), 440.3(E), 440.3(F)
Chapter 7 706.10
Housing and Community Development
90.2 Scope
New amendment to avoid conflict with text in Section 89.101.3.3 regarding installations in ships, watercraft other than floating dwelling units, railway rolling stock, aircraft, automotive vehicles, commercial coaches, mobile homes and recreational vehicles.
State Fire Marshal
620.71 Guarding Equipment
Repealed California amendment that prohibited the installation of an elevator motor controller and/or motion controller in the hoistway.
Office of Statewide Health Planning and Development
110.2 Approval
Defined new requirements for equipment that must be satisfied in order to be approved by OSHPD for use.
110.26 Spaces About Electrical Equipment. (C) Entrance to and Egress from Working Space. (3) Personnel Doors
Amendment to reference the CBC for additional exit door requirements for electrical equipment room rated 800-amperes or more.
EXHIBIT 2
31 404.4 Damp or Wet Locations. (C) Switches in Tub or Shower Spaces Amendment to reduce the restriction distance for the installation of receptacles from five feet to three feet horizontally. This aligns with model code language in Section 406.9(C).
517.30 Sources of Power. (B) Types of Power Sources. (3) Battery Systems Amendment to allow battery systems to be used as an alternate power source. 517.32 Branches Requiring Automatic Connection. (A) Life Safety and Critical Branch Used in a Type 1 EES
Restore the 10-second restoration time for Type 1 life safety and critical branches. 517.34 Critical Branch. (A) Task Illumination, Fixed Equipment, and Selected Receptacles
Amendment for imaging equipment used for diagnostic services of emergency/trauma patients to be powered by the critical branch or equipment branch.
517.44 Connection to Equipment Branch. (B) Delayed Automatic or Manual Connection to the Equipment Branch. 517.44.1 [OSHPD 2, 4 & 5] Connection to Equipment Branch
Amendment to restore the requirement that Type 2 EES equipment branch load listed in Section 517.44(A) must automatically restore to operation at appropriate time-lag intervals following the energization of the life safety branch. 517.123 [OSHPD 1, 2, 3, 4 & 5] Call Systems
(A) General. Added references to the CBC’s applicable sections for nurse call systems.
(C) Bath Stations. Changed the mounting height requirements for nurse call system “bath station” devices located at the patient toilets.
700.12 General Requirements. (C) Storage Battery
Amendment to require a storage battery system used as an alternate power source to have the equivalent capacity and operating duration as an equivalent generator set operating on an on-site fuel supply.
EXHIBIT 2
32 CALIFORNIA MECHANICAL CODE – PART 4
Chapter 1 – Scope and Application
Building Standards Commission
104.4.3.1 Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.4.4 Fire Clearance Preinspection and 1.11.4.5 Care Facilities Updated to meet Health and Safety Code Section 13244 and to align with other parts of Title 24 regarding fee structures for Fire Clearance Pre-inspection and Care Facilities.
1.11.6 Certificate of Occupancy
Updated to correlate with the requirements for certificate of occupancy in the CBC.
California Energy Commission
Section 1.1.8 California Energy Code Requirements for Locally Adopted Energy Standards
Amendment clarifies that “local jurisdictions that adopt changes to energy conservation or insulation standards (including energy efficiency measures) may not enforce such changes until the California Energy Commission has made the findings required by Public Resources Code Section 25402.1(h)(2), following the process specified in Section 10-106 of the California Administrative Code.” EXHIBIT 2
33 Chapter 2 – Definitions
Office of Statewide Health Planning and Development
228.0 Z
ZONE [OSHPD 1, 2, 3, 4 & 5]
New code section has been added. OSHPD has added the definition of Zone to OSHPD 1, 2, 3, 4 & 5 to specify the meaning of this term within Part 4 and reduce confusion.
Chapter 3 – General Regulations
Department of Housing and Community Development
311.2 Air Filters
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
California Energy Commission
Section 311.5 California Energy Code Requirements for Residential Air Filtration
New code section added pointers specifying requirements for outdoor air delivery to occupied spaces where specified in California Energy Code Sections 150.0(m)12 and 160.2(b).
Chapter 4 – Ventilation Air
Building Standards Commission
402.1 Occupiable Spaces
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
Department of Housing and Community Development
405.3 Bathroom Exhaust
Amendment providing a reference pointer to CALGreen (Part 11 of Title 24), Division
4.5, Environmental Quality.
Office of Statewide Health Planning and Development
407.5.1.3 Variable Air Volume
Amendment clarifies that spaces with pressure requirements per Table 4-A shall utilize an automatic modulating damper in the return or exhaust air for each space and that the damper will modulate from full open to minimum position in conjunction with the supply air VAV terminal equipment.
EXHIBIT 2
34 407.6 Economizers
New code section requires that systems with economizers shall include modulating relief and/or return fans to ensure compliance with the pressure requirements of spaces listed in Table 4-A.
420.0 Air Distribution Devices [OSHPD 1, 2, 3, 4 & 5]
New code section requires all air distribution devices and supply air outlets meet ASHRAE 170-2013, Section 6.7.2 and Table 6.7.2. This is consistent with other regulations that address prevention measures to abate disease-causing microorganisms within mechanical systems.
Chapter 6 – Duct systems
Department of Housing and Community Development
601.2 Sizing Requirements
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking 603.10.1.1 Duct Leakage Tests for Residential Buildings Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.
California Energy Commission
Section 601.2.1 California Energy Code Residential Return Duct Sizing Requirements
New code section applicable to new construction and alterations with pointers to California Energy Code Tables 150.0-B and 150.0-C to specify return duct sizing requirements for single return and multiple return duct systems, respectively. 603.9.2.1 Duct Leakage Tests for Buildings that Meet Air Distribution System Duct Leakage Sealing Criteria in Title 24, Part 6
New code section with pointers to the California Energy Code applicable to singlefamily and multifamily buildings, hotels/motels and nonresidential buildings.
Chapter 9 – Installation of Specific Appliances
Department of Housing and Community Development
911.2.2 In Manufactured Homes and 912.1 1 Prohibited Installations and Exception
HCD does not adopt model code sections 911.2.2 and 912.1.1 to avoid possible conflict and to properly align with CCR, Title 25, and HSC Section 18025 regarding references and standards incorporated by reference for construction of manufactured homes, including decorative gas appliances for installation in fireplaces. HCD has reserved these sections accordingly.
EXHIBIT 2
35 Chapter 11 – Refrigeration
State Fire Marshal
1104.6 Applications for Human Comfort and for Nonindustrial Occupancies Exceptions 1 and 2 added to allow the use of A2L refrigerant in specific selfcontained factory sealed air conditioning units.
Chapter 12 – Hydronics
Department of Housing and Community Development
1217.5.2 Insulation, 1217.7 Wall and Ceiling Panels and 1220.4.5 Insulation HCD repealed amendments in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking for insulation requirements for concrete radiant flooring heated slabs, pipe insulation, and concrete snow melt heated slab floors.
California Energy Commission
1217.7.1 California Energy Code Pipe Insulation Requirements New code section to reference the California Energy Code Sections 150.0(j)2 and 120.3(c) for pipe insulation requirements based on fluid temperature and pipe diameter. Also, where California Energy Code Table 120.3-A specifies insulation greater than R-12, the higher value is required.
1220.4.5.1 California Energy Code Insulation Requirements for Heated Slab Floors
New code section to reference the California Energy Code Section 110.8(g) and Table 110.8-A for additional insulation requirements for heated slab floors. Also, a higher level of insulation is required for Climate Zone 16, and more detailed requirements for installing insulation are specified in all climate zones.
EXHIBIT 2
36 CALIFORNIA PLUMBING CODE – PART 5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties Chapter 4 – Plumbing Fixtures and Fixture Fittings
Building Standards Commission
412.1.4.1 Nonwater Urinals with Drain Cleansing Action
Changed the term from “Urinals, Hybrid.”
Building Standards Commission and Division of the State Architect Table 4-1 Occupant Load Factor
Co-adopted with BSC, who made the changes during the 2019 Intervening Code Adoption Cycle.
422.1 Fixture count and Table 422.1
Co-adopted with BSC to permit an alternate Table 4-1 (replaced Table A) as an exception which can be used if the jurisdiction has adopted it. In the 2019 edition of the CPC, DSA inadvertently omitted the language. DSA co-adopted the BSC amendment in the statement at the top of Table 422.1 to allow usage of Table 4-1 as an alternate for calculations.
Table A/Table 4-1
Table A is superseded by Table 4-1 which incorporates numerous additions, deletions and revisions for determining plumbing fixture count minimums.
EXHIBIT 2
37 California Energy Commission
401 General
Amended to prevent confusion regarding the interaction between standards for plumbing fixtures and fittings subject to regulation as water-using appliances, and standards for plumbing systems specified in adopted model code language.
Chapters 5 and 6 – Water Heaters and Water Supply and Distribution California Energy Commission
501 General and 609.12 Residential Fire Sprinkler Systems Amended to assist readers of the CPC by identifying additional energy efficiency requirements applicable to water heating systems and pipe insulation.
Chapter 6 – Water Supply and Distribution
State Fire Marshal
612.2 through 612.7.2 Water Supply and Distribution
Removed residential fire sprinkler systems from California Plumbing Code, and comply with California Residential Code and California Fire Code.
Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems Office of Statewide Health Planning and Development
1304.1.1 [OSHPD 1, 1R, 2, 3, 4 & 5]
Added a reference to the California Fire Code Chapter 80. 1304.1.2 [OSHPD 1, 1R, 2, 3, 4 & 5]
New exception that a medical gas source system serving only an OSHPD 1R or 3 building may be located within it.
Chapter 15 – Alternate Water Sources for Nonpotable Applications Department of Water Resources
1505.1 General
Amended this section to clarify the applicability of Section 1505 to landscape irrigation systems using recycled water.
1505.4 Connections to Potable or Recycled Water Supply Systems – Exception (4)
Added an exception for the use of a swivel ell or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
EXHIBIT 2
38 Chapter 17 – Referenced Standards
Office of Statewide Health Planning and Development
Table 1701.1
Added ANSI/AAMI reference standard for water treatment equipment for hemodialysis applications.
EXHIBIT 2
39 CALIFORNIA ENERGY CODE – PART 6
Please visit the California Energy Commission’s website for Part 6 updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview EXHIBIT 2
40 CALIFORNIA FIRE CODE – PART 9
Overview
State Fire Marshal
The Office of the State Fire Marshal (SFM) has authority for the building standards in the California Fire Code (CFC). Unless otherwise noted, all updates noted in this section were made by SFM.
The bulk of amendments regarding Energy Storage Systems (ESS) occur in Chapters 1, 2, 9, 12 and Chapter 80, Referenced Standards. SFM repealed California ESS Intervening Code Adoption Cycle amendments and definitions that were early adopted ICC provisions in the 2019 Intervening Code Adoption Cycle, then adopted and replaced with unamended 2021 International Code Council (ICC) model code provisions in several chapters.
The bulk of amendments regarding Type IV construction—tall wood/mass timber and cross-laminated timber—occur in Chapter 7 Section 701.6, Chapter 9 Section 914.3.1.2, and Chapter 33 Section 3303.5, based on changes in model code. SFM repealed California tall wood/mass timber amendments that were early-adopted ICC provisions in the 2019 Intervening Code Cycle, then adopted and replaced with unamended 2021 ICC model code provisions.
Part 9 Chapter Sections
Chapter 2 202 Definitions
MASS TIMBER (CA amended defined term remains)
Chapter 7 Section 701 General
701.6 Owners responsibility (Updated model code
references)
Chapter 9 Section 914 Fire Protection Based on Special Detailed Requirements of Use and Occupancy
914.3.1.2 Water supply to required fire pumps. (CA
amendment remains)
Chapter 33 Section 3303 Owners Responsibility for Fire Protection. 3303.5 (Adopted model code section and repealed
California Section 3308.9)
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This EXHIBIT 2
41 amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.
State Fire Marshal
1.11.1 Scope Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.
1.11.6 Certificate of Occupancy
Amendment referencing CBC Section 105.2 to clarify work exempt from permitting requirements.
105.6.53 Lithium batteries
Amendment to require an operational permit for an accumulation of more than 15 cubic feet of lithium-ion and lithium metal batteries and storage shall comply with new amendments in CFC Section 322.
Chapter 2 – Definitions
CHILD CARE Added a new defined term for child care that is consistent with Title 22 (Social Security) of the California Code of Regulations.
DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.
INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.
MOBILE FOOD PREPARATION VEHICLES Repealed this term to align with California Code of Regulations Title 25, Housing and Community Development. See Chapter 3 changes below.
PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.
PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with useable space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in CBC Chapters 15 and 16.
EXHIBIT 2
42 TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.
Chapter 3 – General Regulations
User Note, Section 301.2 Permits and Section 319 Mobile Food Preparation Vehicles
Repealed model code and references to mobile food vehicles throughout the code to address concerns regarding conflicting jurisdiction requirements between Title 25 and the CFC.
Section 322 Storage of Lithium-ion and Lithium Metal Batteries Adopted new section to address safety requirements, as well as associated sections in Chapter 4 below.
Chapter 4 – Emergency Planning and Preparedness
403.10.6 Lithium-ion and lithium metal batteries and 403.10.6.1 Mitigation planning
Amendments in these sections address fire safety and emergency action regarding battery storage and mitigation planning in the event of thermal runaway.
Chapter 9 – Fire Protection and Life Safety Systems
Amendments in this chapter address nearly every subsection regarding every occupancy and SFM application.
SFM repealed several California amendments and adopted 2021 IFC model code language for automatic sprinkler systems, energy storage systems, explosion control, venting, and gas detection systems.
Major amendments were made to requirements for compliance with updated NFPA 72 standards in model code regarding solar photovoltaic power systems, portable fire extinguishers and gas detection systems.
907.2.6.4 Group I-4
New section to include the intent of the smoke detection requirements for Group I-4 occupancies with a reference to Section 436.1.
907.2.11.8 Specific location requirements
Modified to address the references based on changes to both the NFPA 72 Standard
29.11.3.4, and the model code regarding smoke alarms and smoke detection systems.
EXHIBIT 2
43 913.1 General
Amend the exception for automatic sprinkler pumps to correlate with the California Residential Code section R313.
Chapter 10 – Means of Egress
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to address maintenance requirements for fire escapes that have been relocated to Section 1032.
Chapter 12 – Energy Systems
Sections 1202, 1203, 1204, 1205, 1206 and 1207
Repealed, renumbered, amended and carried forward existing amendments in Chapter 12 to adopt updated 2021 IFC model code language. 1207.11.7 through 1207.11.7.3
Section 1207.11.7
Amendments regarding specific appliances, ESS equipment and devices that need protection from impact in a clearly defined area in residential garages and carports.
Figure 1207.11.7.1
Added to illustrate the zones in which a typical residential garage ESS installation would trigger the need for impact protection, following prescriptive barrier and post designs.
Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures
3101.1 Scope
Carried forward existing amendments and added new amendment regarding temporary structures, water filled vessels and inflatable amusement devices. 3103.8.2 Location
Repealed the reference to Title 19 regulations regarding vehicle parking near tents. 3103.9.1 Water Filled Vessels
Amendment requiring the tent manufacturer to provide the documentation permitting use of water filled vessels for anchoring and securing their tents.
Section 3106 Inflatable Amusement Devices
Amendment requiring basic design and safety criterion in accordance with ASTM F2374 for inflatable amusement devices also known as “bounce houses.” Chapter 38 – Higher Education Laboratories
IFC Chapter 38 is omitted in its entirety to correlate with the California Building Code and amendments regarding the Group L occupancy.
EXHIBIT 2
44 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas The WUI amendments to the CFC were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, state agencies, building industry, testing labs, and stakeholders.
The user note under the Chapter 49 title is added to give the code user a general understanding and background information on the development process of the regulations and their application.
4902 Definitions
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
LOCAL RESPONSIBILITY AREA (LRA) Amended to be consistent with language used in rest of the WUI regulations.
4903 Plans
Added to grant authority to local fire officials to require building owners to provide a fire protection plan to mitigate the wildfire hazards that may exist based on a projectspecific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history.
The fire protection plan shall address fire department access, egress, road and address signage, water supply, fuel reduction and defensible space requirements in accordance with the California Public Resources Code.
4904.3 Local Agency Requirements
New amendment establishes requirements for local agencies to provide information to the public regarding the identification of very high fire hazard severity zones (VHFHSZ) within a 30-day period. Other new requirements in this subsection address local agency responsibilities and duties to develop fire severity zone maps accessible to the general public, as well as requirements to designate by ordinance VHFHSZ.
Section 4906 Vegetation Management
New amendments in this section include additional requirements for the development, identification and maintenance of the vegetation management zones adjacent to structures, as well as design criteria for specific types of fire-resistant and non-fire-resistant vegetation.
4908 Fire Safe Development Regulations & Section 4909 Subdivision Review Survey
New code sections added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires a survey of local governments every five years to identify existing subdivisions in the state responsibility area (SRA) or VHFHSZ without a secondary egress route. Subsections authorize the Board of Forestry and SFM-specified local EXHIBIT 2
45 government bodies to make recommendations to include creating secondary access or access road improvements, among other options.
4910 General Plan Safety Element
Added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires cities and counties to adopt a comprehensive general plan with various elements including a safety element for protection of the community from unreasonable risks associated with various hazards, including wildfires.
Chapter 80 – Referenced Standards
Amended several referenced standards to correlate with model code revisions and new California amendments.
ASTM F2374
Added regarding provisions for inflatable amusement devices.
Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework
Although SFM does not adopt Appendix P statewide in the California Fire Code, when adopted by local jurisdictions and fire districts, this appendix is meant to be a tool to enable communities to collect, assemble and represent the associated risks within a WUI fire area.
EXHIBIT 2
46 CALIFORNIA EXISTING BUILDING CODE – PART 10
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.
CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.
Division of the State Architect
1.9.2.1.4 Reference to other chapters and 1.9.2.2.4 Reference to other chapters Added to redirect references for public schools and community colleges to the applicable “A” chapters of the CBC.
State Fire Marshal
1.11.1 SFM—Office of the State Fire Marshal
Added a definition of Specified State-occupied Building.
1.11.4.4 Fire clearance preinspection and 1.11.4.5 Care facilities Update the fees that are charged for inspections to meet the requirements of Health and Safety Code Section 13244.
1.11.6 Certificate of Occupancy
Correlated the requirements for certificate of occupancy with the regulations in the California Building Code.
Chapter 2 – Definitions
Building Standards Commission and Division of the State Architect 202 General Definitions
Relocated existing definitions for BUILDING OFFICIAL and ENFORCEMENT AGENCY from Section 318.1 to Section 202.
EXHIBIT 2
47 Division of the State Architect
201 General
Adopted Section 201 (it was not adopted in 2019 CEBC).
201.3 Terms defined in other codes
Amended to reference applicable sections of the California Administrative Code (Part 1 of Title 24) where the definitions contained therein govern.
Chapter 3 – Provisions for All Compliance Methods
Building Standards Commission and Division of the State Architect Table 317.5 Minimum seismic design performance levels for structural and nonstructural components
Revised table footnote #2 and added footnote #3 to clarify that there are two alternate compliance paths in addition to the criteria presented in the table. 317.8 ASCE 41 Chapter 14
Coordinated with the latest version of referenced standard ASCE 41. 319.7 Prescriptive selection of the design method
Revised Subsection 319.7.2 to clarify the condition triggering Method B approach based on building irregularities.
319.10 Structural observation, testing and inspection
Revised the language to coordinate with associated regulations in Chapter 17 of the California Building Code and repeal redundant and/or contradictory regulations.
Building Standards Commission
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except ADDITION, ALTERATION, and REPAIR.
Division of the State Architect
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except for REPAIR. Added reference to applicable sections of California Administrative Code (Part 1), where the definitions contained therein govern. 319.1 Basis for evaluation and design
Revised Exception 2 to restore original intent and update for compatibility with current code adoption cycle. As originally authored, Exception 2 was intended to apply to the conversion of a nonconforming building to use as a school building in accordance with Section 4-307 of Part 1. It was not intended to apply to the rehabilitation of an EXHIBIT 2
48 existing school building when required by Section 4-309(c) of Part 1. Restored the phrase “as it was adopted by the governing jurisdiction” to make clear that the previous code is permitted to be used as originally applied rather than requiring compliance with its DSA-SS or DSA-SS/CC amendments (e.g., the “A” chapters). 321.2.3 Peer review
Added language to align with the current practice of review and approval by the California Geological Survey. This updates regulations to reflect the current requirements for seismic ground motion records used in time history analysis.
Office of Statewide Health Planning and Development
Because several sections were added to the IEBC, OSHPD sections in Chapters 3 and 3A were relocated and renumbered.
312.3.3.2 (formerly 309.3.3.2) Psychiatric nursing service Amended existing language to replace 1224.31 with Section 1228 for psychiatric nursing service. Section 1224.31 applies to medical psychiatric services and is not acceptable for an OSHPD 1R building.
304A.3.4.5 (formerly 303A.3.4.5) SPC-4D using ASCE 41
Replaced entire section on seismic separations in ASCE 41-13 to be more consistent with the initial intent of the change and current inventory of SPC-3 and higher buildings, at the same time ensuring adequate level of safety from collapse of the adjacent building due to potential pounding impacts.
304A.3.5.9 ASCE 41 Section 8.4.2.3.2.1
Added new section for foundations modeled as a fixed base or a flexible base. 304A.3.5.13 ASCE 41 Section 10.12.3
Added new section to modify ASCE 41 Section 10.12.3 and provide a new exception to this section.
Chapter 5 – Prescriptive Compliance Method
Building Standards Commission
502.1 General
Repealed the language requiring Sections 502.4 and 503.3 be replaced by the requirements of Sections 317 through 322. Sections 502.4 and 503.3 have been adopted by BSC since 2016.
Chapter 16 – Referenced Standards
State Fire Marshal
Added amendments to the adopted and referenced NFPA 13R and NFPA 72 standards from the California Fire Code, so the same information is found in both codes.
EXHIBIT 2
49 Division of the State Architect
Adopted Supplement 3 of ASCE 7 in addition to Supplement 1, which is already adopted by the model code.
Office of Statewide Health Planning and Development
Adopted ASCE 7-16 Supplement 3 for OSHPD 1, 1R, 2, 4 and 5. Adopt ASCE 41-17 Supplement 1 for OSHPD 1R, 2, 4 and 5.
Department of Housing and Community Development
HCD proposed editorial changes only with no intended change in regulatory effect, such as moving existing amendments following model code changes. Example: carbon monoxide alarm requirements were moved from Chapter 5 to Chapter 3.
EXHIBIT 2
50 CALIFORNIA GREEN BUILDING STANDARDS CODE – PART 11
Chapter 2 – Definitions
Building Standards Commission (BSC), Division of the State Architect (DSA), Department of Housing and Community Development (HCD)
AUTOMATIC LOAD MANAGEMENT SYSTEMS – ALMS (BSC, DSA, HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to ALMS which is allowed for use by the California Electrical Code.
ELECTRIC VEHICLE (EV) CAPABLE SPACE (BSC, HCD, DSA) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which has capability or infrastructure to facilitate future EV charging.
ELECTRIC VEHICLE (EV) READY SPACE (HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which is ready for EV charging and equipped with a receptacle or charger.
LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) (HCD) Added to residential sections of CALGreen and clarifies that the new term as used within Sections 4.106.4.2. and A4.106.8.2.1 refers a Level 2 EV charger and supporting electrical equipment.
LOW-POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE (HCD) Added to residential sections of CALGreen to clarify the electrical requirements for this type of receptacle as required in Sections 4.106.4.2.1 and
4.106.4.2.2.
ZERO-EMITTING AND HIGH-EFFICIENT VEHICLES (BSC, DSA) Amended from “Low-Emitting and Fuel-Efficient Vehicles” to “Zero-emitting and High-efficient Vehicles.” OFF-STREET LOADING SPACES (BSC, DSA) Added to align with the new code language for EV charging for medium-duty and heavy-duty vehicles.
NONWATER URINAL WITH DRAIN CLEANSING ACTION (BSC, HCD, DSA) Amended from “Urinal, Hybrid” to “Nonwater Urinal with Drain Cleansing Action” to align terminology with the California Plumbing Code; no change in regulatory effect.
Chapter 4 – Residential Mandatory Measures
Department of Housing and Community Development
HCD repealed various existing code sections and provisions to reformat, modify, and adopt new sections addressing EV charging for multifamily buildings, and hotels and motels.
EXHIBIT 2
51 4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE).
• Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. • Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations.
• Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.
4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.
EXHIBIT 2
52 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.
4.410.1 Operation and maintenance manual
Amended existing Item 11 to add Department of Forestry and Fire Protection, and added a new Item 12 to require that the operation and maintenance manual contain information and/or drawings identifying the location of grab bar reinforcements.
Chapter 5 – Nonresidential Mandatory Measures
Building Standards Commission and Division of the State Architect
5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.
5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.
5.504.4.7 Thermal insulation
Relocated thermal insulation from voluntary to mandatory and added verification of compliance.
5.504.4.8 Acoustical ceilings and wall panels
Relocated acoustical ceilings and wall panels from voluntary to mandatory along with verification of compliance.
Building Standards Commission
5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections
Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.
Division of the State Architect – Structural Safety
5.506.3 Carbon dioxide (CO2) monitoring in classrooms
Added new requirement for carbon dioxide monitors in classrooms only in new building construction, and not alterations and additions.
EXHIBIT 2
53 5.106.12 Shade trees and subsections
Amended exceptions for surface parking and hardscape areas to provide clarity that excepted play areas for organized sports activities, such as basketball courts, are removed from the total area calculation of the hardscape areas on the campus.
Chapter A4 – Residential Voluntary Measures
California Energy Commission
A4.2 Energy efficiency
A4.201.1 Scope
Updated and provided a new web link to the CEC website.
A4.203.1.1 Hourly source energy design rating (EDR1) and Table A4.203.1.1 Updated for EDR1 margins for climate zones.
A4.203.1.2.3 HERS – Verified compact hot water distribution system and A4.203.1.2.4 HERS – Verified drain water heat recovery
Amended to add details for compliance.
A4.203.1.2.5 High performance vertical fenestration, A4.203.1.2.6 Heat pump water heater demand management, A4.203.1.2.7 Battery storage system controls and A4.203.1.2.8 Heat pump space and water heating Added as prerequisite options to standardize phrasing to remove unneeded references to HERS verification and to apply a broader range of equipment types and construction performance approaches to meet the overall requirements.
A4.203.1.3 Performance standard (repealed), A4.203.1.3.1 Tier 1 (repealed), A4.203.1.3.2 Tier 2. (repealed) and A4.203.1.3 Consultation with local electric service provider (renumbered)
Sections repealed and amended to remove reference to CALGreen tiers and to recommend consultation with a local electric service provider for jurisdictions considering reducing the Energy Design Rating (EDR) target when using solar PV systems larger than required by the California Energy Code.
Chapter A5 – Nonresidential Voluntary Measures
Building Standards Commission
A5.106.5.1.1, A5.106.5.1.2, Table A5.106.5.1.1 and Table A5.106.5.1.2 Designated parking for clean air vehicles
Amended the Tier 1 and Tier 2 voluntary requirements and repealed Tables A5.106.5.1.1 and A5.106.5.1.2.
A5.106.5.3.1 and A5.106.5.3.2 Electric vehicle charging Increased voluntary EV capable space percentages.
EXHIBIT 2
54 A5.303.4.1 Nonwater urinal with drain cleansing action Amended to align with the new definition and California Plumbing Code.
A5.504.4.8 Thermal insulation
Amended to move Tier 2 requirements to Tier 1 (Tier 1 moved to mandatory) and verification of compliance was renumbered to A5.504.8.1.
A5.6 Voluntary Tiers and CALGreen Verification Guidelines Amend checklists affected by proposed mandatory and voluntary updates.
California Energy Commission
A5.201.1 Scope
Updated and provided a new web link to the CEC website.
EXHIBIT 2
55 CALIFORNIA REFERENCED STANDARDS – PART 12
Building Standards Commission
Cross Reference Table
Amended the chapter titles and associated sections in Title 24. This table serves as a non-regulatory aid to the code user.
State Fire Marshal
Chapter 12-7A, Materials and Construction Methods for Exterior Wildfire Exposure
Repealed ignition-resistant material SFM Standard 12-7A-5.
EXHIBIT 2
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Public Hearing: (1) Adopt a Resolution approving an MND/MMRP in accordance with CEQA, (2) First Read-Introduction of an Ordinance approving CA 19-06; and (3) First Read-Introduction of an Ordinance approving a Development Agreement for the construction of a 73-foottall EMC with two displays.
EXECUTIVE SUMMARY:
The City of Fountain Valley Planning Department received an application for a Code Amendment (CA) to the Fountain Valley Crossings Specific Plan (FVCSP) on March 27, 2019 to allow for one (1) Electronic Message Center (EMC) sign in the specific plan area.
At the Planning Commission meeting of October 26, 2022, the Planning Commission voted 4-1 recommending the City Council approve Code Amendment No. 19-06.
As detailed in this report, the ordinance will allow for one (1) EMC sign to be located on private property in the FVCSP (Attachment #1).
Staff recommends the City Council conduct a public hearing and:
Approve the attached Resolution (Attachment #2) approving the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) Guidelines (Attachment #3);
Introduce the attached Ordinance approving CA 19-06 (Attachment #4); and Introduce the attached Ordinance (Attachment #5) approving Development Agreement (Attachment #6) with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays Proposal:
Request submitted by Becker Boards Small, LLC for a Code Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan to allow for the construction of a new 73 foot-tall EMC sign with two displays on private property located at 18375 Euclid Street (Attachment #1).
City Council Action - Code Amendment No. 19-06
November 15, 2022
The proposal includes the demolition of an existing 59 foot-tall pole mounted sign and construction of a new pole sign structure in its place with an EMC located at the top of the structure.
Code Requirement:
The subject property is located in the Workplace Neighborhood segment of the FVCSP.
Currently, EMC’s are not permitted in the FVCSP. As such, to accommodate the applicant’s request, Section 2.9 of the FVCSP must be amended to allow for an EMC in the specific plan area. The draft CA proposes to allow for one (1) EMC in the specific plan area subject to a Development Agreement (DA).
Background:
The existing sign is defined as a freeway monument sign and was approved by the Planning Commission in 2011 under Variance No. 289. The variance for the height of the sign was requested due to the difference in elevation from the top of the freeway to the base where the sign was to be erected. The FVCSP had not been adopted at that time so the property was subject to the City’s Sign Code where the maximum height for a freeway monument sign is 20 ft. tall.
Project Setting:
The project site is located at the southern portion of the property located at 18375 Euclid Street, adjacent to the I-405 Freeway and Euclid Street. Large-scale commercial retail business occupy the buildings to the north adjacent to other industrial properties.
Industrial uses are located to the south across the I-405 freeway. The Santa Ana River is located to the east and represents the City Limits. Single-family residential uses are located more than 900 feet away to the northwest.
Discussion:
The proposal is to demolish the existing 59 foot-tall pole sign structure and construct a new pole-mounted sign in its place with the addition of an EMC on the top. The proposed pole-mounted digital sign will be 73 feet tall with two digital display panels coming together at one end to form a “V” shape, allowing the commercial advertisements to be visible to vehicles traveling in both northbound and southbound directions on I-405 Freeway. A blank panel at the opening of the V-design will ensure that the components of the electronic boards are not visible from the opening on the north side. Each of the digital display panels will have dimensions of 14 feet high and 48 feet wide for a total display area of 672 square feet per panel. The proposed EMC will incorporate Louver Technology that will block light spillage from the sign. The mechanical louvers that are made of mattefinished black polymer will absorb the light from the LED and prevent passage in the protected direction (see Appendix C in Attachment #3). Additionally, four static illuminated signs will be attached to the pole structure, beneath the digital display panels of the EMC.
The proposed Project will involve the installation of a new pole structure, designed by a structural engineer, to ensure adequate support of the proposed EMC.
City Council Action - Code Amendment No. 19-06
November 15, 2022
Section 2.9 of the FVCSP is proposed to be amended by the City to allow for the display of off-site advertising within a limited area between I-405 mile marker 12.41 and 12.50.
Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. According to California Business and Professions Code Section 5216, development of outdoor advertising displays is prohibited in areas designated as “landscaped freeway”. The Project site, between I-405 mile marker 12.41 to 12.50, is the only area in the City of Fountain Valley along I-405 that is not designated as a “landscaped freeway” by Caltrans.
Discussion – Visibility:
The proposed EMC is located in a commercial area, adjacent to I-405, where the main purpose of the sign is to be visible to traffic on the freeway. As detailed in the MND, the proposed project would have an effect on long-term views of the surrounding area. Three (3) photo simulations were prepared for selected Key Viewing Locations (KVLs) as shown on Figure 4 of the MND (Attachment #3). KVL 2 & 3 are located in locations surrounded by non-residential uses that are dominated by pavement, buildings, the concrete Santa Ana River, power lines, utility poles, etc.
Costa Mesa Residential Area
KVL 1 is located approximately 900 feet to the southeast of the Project site at Moon Park along Nevada Avenue in the northwestern portion of the City of Costa Mesa. This KVL was selected because it is representative of the views provided within this residential area to the south of I-405. Moon Park is located immediately adjacent to the south side of the I-405 freeway and east of the Santa Ana River. This neighborhood park includes two children’s play structures, picnic tables, small grassy hills and shade trees.
As shown in Figure 5 of the Attached MND, existing foreground views from this KVL include the asphalt parking lot, sidewalk, park fencing, and grass lawn. Fire hydrants, street signs, and lampposts, which provide vertical elements to the view from the KVL.
Mid-ground views include existing mature trees, including one large tree growing in the center of Moon Park, as well as the children’s play structures.
Distant views include the 10-foot-tall levee forming the eastern bank of the Santa Ana River as well as I-405. The four utility poles provide additional vertical elements to the view from this KVL. The existing pole sign structure is partially visible in the background, where I-405 meets the skyline. The pole sign structure is visible between the large mature tree and the utility pole from this KVL; however, depending on where the viewer stands along Nevada Street this sign may be obscured by these mid-ground features.
City Council Action - Code Amendment No. 19-06
November 15, 2022
The proposed EMC sign will be consistent with the existing industrial features, including the utility poles and I-405. Additionally, the proposed pole-mounted digital sign will be partially obscured by the existing large mature tree within the center of the park. As such, the proposed EMC will not substantially alter the visual character of this KVL.
Lighting:
Lighting associated with the proposed EMC would be visible to the surrounding land uses, including the commercial retail businesses to the north and west, Euclid Street to the east and northeast, the Santa Ana River Trail to the east, and I-405 to the south of the Project site. The residential areas to southeast of the Project site within the City of Costa Mesa would be shielded and buffered from the light and glare by I-405 overpass and by existing trees and landscaping within Moon Park.
Additionally, the louvered technology incorporated into the design of the EMC will block light spillage from the sign. The mechanical louvers are made of matte-finished black polymer and will absorb the light from the light-emitting diode (LED) and prevent passage in the protected direction.
To evaluate the potential impacts of the proposed EMC sign on nighttime views, Watchfire Signs prepared a photometric study (Appendix A of the MND) based on lab measurements made on the display panels using an illuminance meter. Light measurements are generally discussed using the foot-candle metric, which is defined as the amount of light produced by a single candle when measured from 1 foot away. For reference, a 100-watt light bulb produces 137 foot-candles at 1 foot away, 0.0548 footcandles at 50 feet and 0.0137 foot-candles at 100 feet. Based on the Illuminating Engineering Society of North America’s (IESNA’s) standards pertaining to light trespass, impacts would be considered potentially significant if illuminance produced by a digital sign exceeds 0.3 foot-candles over ambient lighting conditions at a distance of 250 feet from the lighting source. Based on the photometric study prepared by Watchfire Signs, the LED displays associated with the proposed EMC will not exceed 0.3-foot candles over ambient levels at 250 feet from the lighting source. Further, it should be noted that with the exception of adjacent commercial retail buildings and the City’s water tower, no other buildings are located within 500 feet of the proposed pole-mounted digital sign. Therefore, residential areas approximately 900 feet to the southeast within the City of Costa Mesa will experience less than 0.0152 foot-candles (i.e., similar to the light from a single 100- watt light bulb viewed from 100 feet away). Therefore, the area will experience a nearly undetectable difference in ambient light with the installation of the proposed EMC.
Code Amendment:
Currently, EMC’s are not permitted in the FVCSP. The project requires a code amendment to Section 2.9 of the FVCSP in order to facilitate construction (Attachment #4). As described earlier, Section 2.9 will be amended by the City to allow for the display of one (1) off-site advertising display within a limited area between I-405 mile marker
12.41 and 12.50. Development standards have been drafted in and will limit the height of the sign to 73 ft.
City Council Action - Code Amendment No. 19-06
November 15, 2022
The CA will also include standards as adopted by the Caltrans Outdoor Advertising Division including but not limited to: the 0.3 foot-candle limitation over ambient light levels at 250 feet, automatic dimming capabilities and a contact person to respond to any reasonable complaints from the City.
Development Agreement:
Under State Law, cities have a right to enter into agreements with private parties to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. Development Agreements (DA) are often used in large, complex projects and in projects that have a long lead time, multiple phases, or a long development period, in order to give the developer certainty in regards to the entitlements and other governmental actions.
The DA is a legal, binding contract between a city and any person or entity having a legal or equitable interest in a property. Once a DA is approved by the City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed.
The Initial Term of the DA is forty (40) years after the commencement date. After the end of the Initial Term, the DA shall automatically continue in full force for successive oneyear terms. Becker Billboards, will pay the City an initial payment of $60,000 as consideration for entering into the DA.
After the completion of construction of the EMC and final approval from the City, Becker will pay the City an annual fee of $550,000 under the DA. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. By way of example and not limitation, the Fixed Fee for the first five years shall be $550,000, which shall be increased by 10% on the first day of the 6th year to $605,000, which Fixed Fee shall again be increased by 10% on the first day of the 11th year to $665,500, and so on (Attachment #6).
There are three (3) required findings to be made for a DA per FVMC 21.38. These findings can be made as follows:
1. The development agreement would be in the best interests of the city.
The DA is the best available tool to control the content displayed on the billboard erected. Unlike other signs on private property where the permitted signage has First-Amendment protections, the DA for a sign on private property allows for City control of certain messages. The DA will also provide for community and public service announcements to be displayed on behalf of the City.
City Council Action - Code Amendment No. 19-06
November 15, 2022
2. The development agreement is consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this title.
A code amendment (CA) has been proposed in conjunction with the DA to allow for an EMC in the FVCSP. The proposed CA shall be reviewed and approved by the City Council in compliance with FVMC 21.34 – Amendments.
3. The development agreement would promote the public convenience, health, interest, safety or welfare of the city.
The terms of the DA prohibit the display of any advertisement that promotes or relates to smoking tobacco/marijuana products, sexually oriented businesses, sexually oriented or themed products/services, and, or political speech, including, but not limited to, any political advertisement relating to the City or a City election.
Development Agreements require an ordinance by the City Council for adoption. As such, staff has prepared a draft Ordinance that is included as Attachment #5 for reference.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary “projects”. A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed project is considered a project under CEQA.
The applicant consulted with Wood Environmental & Infrastructure Solutions, Inc. to prepare an MND)(SCH No. 20220030478). The City consulted with GPA Consulting to peer review the MND and provide response to comments.
The MND was published for the required 30-day comment period beginning on March 17, 2022, to April 16, 2019. The City received two (2) comment letters from the City of Costa Mesa and The California Department of Transportation (Caltrans). Responses to those comments are provided in Appendix D on the MND.
FINANCIAL ANALYSIS:
The proposed Lease Agreement is for an initial 40 –year term with successive one-year terms. Becker will pay the City an annual fee of $550,000 under the DA. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. Becker shall pay a one-time fee of $60,000 for consideration for entering into the DA.
City Council Action - Code Amendment No. 19-06
November 15, 2022
ATTORNEY REVIEW:
The Attorney for the City has reviewed the attached Resolution, Development Agreement, and Ordinances.
PUBLIC NOTICE:
This item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.
ALTERNATIVES:
1. Approve and adopt the following:
a. Approve the attached Resolution of the City Council of the City of Fountain Valley approving an MND/MMRP in accordance with the CEQA Guidelines; and
b. Approve an introduction and first read of an Ordinance approving CA 19- 06; and
c. Approve an introduction and first read of an Ordinance approving Development Agreement with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays.
2. Do not select Alternative No. 1 and direct staff to prepare a resolution for denial.
3. Continue the request for additional information.
RECOMMENDED ACTION:
Staff recommends that the City Council select Alternative Number 1:
a. Approve the attached Resolution of the City Council of the City of Fountain Valley approving an MND/MMRP in accordance with the CEQA Guidelines; and
b. Approve an introduction and first read of an Ordinance approving CA 19-06; and
c. Approve an introduction and first read of an Ordinance approving Development Agreement with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays.
City Council Action - Code Amendment No. 19-06
November 15, 2022
Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director
Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. Project Plans
2. Resolution approving MND / MMRP
3. Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program
4. City Council Ordinance – Code Amendment
5. City Council Ordinance – Development Agreement
6. Development Agreement
Attachment #1
Attachment #1
Attachment #1
EUCLID STREET
SAN DIEGO FREEWAY (HWY 405) PLAN VIEW
REAR WALKWAY
FRONT WALKWAY
SPREADER W12x26 (TYP.)
FRONT LEDGER
STRINGERS
CROSSOVER
REAR LADDER
COLUMN LADDER
TORSION COLUMN
HAND RAIL
COLUMN
REAR LEDGER
TORSION UPRIGHT
WALKWAY
SPREADER W12x26 (TYP.)
COLUMN
LEGEND
H.J. BURKE, INC.
T: (310) 633-1213 T: (702) 452-8753 F: (702) 562-9876 EMAIL: [email protected] DRAWN BY: ATL CHECKED BY: JOHN DATE OF SURVEY: 05-02-2018 DWG. NAME: 18375 EUCLID ST REVISIONS APPROVED BY: DATE BENCHMARK:
ORANGE COUNTY BENCHMARK NO. L1-39-75,
FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "1L-39-75", SET IN A CONCRETE POST. MONUMENT IS LOCATED ALONG THE SOUTH SIDE OF ELLIS AVENUE 200 FT. WESTERLY FROM THE WEST FENCE ALONG THE SANTA ANA RIVER, AND 1.5 FT. NORTHERLY FROM THE FACE OF A 7 FT. HIGH BRICK WALL IN FRONT OF THE SANITATION DISTRICT.
MONUMENT IS UP 4 IN. FROM THE GROUND SURFACE. ELEVATION= 29.016' (NAVD 88) LEGAL DESCRIPTION:
PARCEL 4 OF PARCEL MAP, RECORDED IN BOOK 34 OF MAPS, PAGE 37 OF THE ORANGE COUNTY OFFICIAL RECORDS.
_________________________________________________________ HOOSHMAND JAHANPOUR-BURKE, LS 8230 DATE HOOSHMAND JAHANPOUR-BURKE LS 8230 Attachment #1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY APPROVING A MITIGATED NEGATIVE
DECLARATION AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR CODE AMENDMENT NO. 19-06 TO AMEND THE
FOUNTAIN VALLEY CROSSINGS SPECIFIC PLAN (FVCSP) TO
ALLOW FOR THE CONSTRUCTION OF A NEW 73-FOOT TALL
ELECTRONIC MESSAGE CENTER (EMC) SIGN WITH TWO (2)
DISPLAYS LOCATED ON PRIVATE PROPERTY AT 18375 EUCLID
STREET
WHEREAS, the Fountain Valley City Council adopted the Fountain Valley Crossing Specific Plan (FVCSP) on January 23, 2018; and WHEREAS, an application was submitted by Becker Billboards, Small, LLC for a an amendment (CA) to allow for the demolition of an existing 59-foot-tall pole sign structure and construct a new pole-mounted sign in its place with the addition of an Electronic Message Center (EMC) on the top at the project site located at 18375 Euclid Street (“Project”); and
WHEREAS the Project includes the following applications in accordance with the Fountain Valley Municipal Code (FVMC):
Approval of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) to address the environmental impacts associated with this Project,
Per FVMC 21.34, a development Code Amendment (CA) is required to amend the FVCSP to allow for an EMC in the FVCSP area,
Per the proposed CA, a Development Agreement (DA) is required for the construction of a 73-foot-tall EMC sign; and
WHEREAS, the Project is considered a “project” as defined by CEQA; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act and (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Project; and
WHEREAS, the Planning Director determined that there was substantial evidence that the Project may have one or more significant effects on the environment and that Attachment #2
Becker Billboards
CA 19-06
preparation of a MND was therefore warranted under Public Resources Code § 21080(c); and
WHEREAS, a final MND, labeled as Attachment 3, was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the Project and was circulated for a 30-day public review period on March 17, 2022 through April 16, 2022, and was also made available on the City’s website and at City Hall; and WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and
WHEREAS, during the public review period, the City received a total of two (2) written comment letters concerning the draft MND and which responses were considered and made as part of the MND and MMRP ; and
WHEREAS, the City Council’s adoption of the proposed amendments to the FVCSP would allow for the development of one (1) EMC on the Project site and would not facilitate the development of similar signage on other properties or areas of the City; and
WHEREAS, on October 26, 2022, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider the CA, DA MND and MMRP, to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, in recommending adoption of the MND and MMRP for this Project, of which these findings are a part, did so through the exercise of their independent judgment and review after finding substantial evidence, in light of the record as a whole, to support the adoption of the MND; and WHEREAS, on October 26, 2022, the Planning Commission after deliberation on the proposed project, voted 4 to 1 recommending approval of Project to the City Council; and
WHEREAS, the City Council conducted a duly noticed public hearing on _____, 2022 to consider the MND and MMRP; and
NOW, THEREFORE, in City Council of the City of Fountain Valley does hereby as resolve as follows:
Attachment #2
Becker Billboards
CA 19-06
SECTION 1
The City Council finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.
SECTION 2:
Prior to consideration of the CA and DA for this Project, the Planning Commission found that the Project and Amendments would not have a significant adverse effect upon the environment and recommended approval of the MND and MMRP prepared for the Project. The Planning Commission further found that the MMRP will ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6.
The MND was circulated for public review from March 17, 2022 to April 16, 2022 and made available to the public and Planning Commission for review and consideration. The Planning Commission has reviewed the MND and MMRP and has found that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of the CEQA and the CEQA Guidelines.
The City Council, as the Lead Agency, arrived at its independent judgement and found that on the basis of the MND and any comments received that there is no substantial evidence that the Project will have a significant adverse impact on the environment provided that the mitigation measures identified in the environmental document are incorporated into the Project.
SECTION 3:
The City Council adopts the MND and MMRP as adequate to assess the environmental impacts of the Project, and find, on the basis of the whole record that there is no substantial evidence that the Project will have a significant effect on the environment. The approval of the MND reflects the City Council of Fountain Valley’s independent judgment and analysis. The City Council, pursuant to Section 15074 of the CEQA Guidelines, hereby approves the MND and the MMRP attached hereto marked as “Exhibit A.” SECTION 4:
The City Council hereby authorizes and directs the Planning and Building Director to prepare and file a Notice of Determination with respect to said MND in the office of the Orange County Clerk-Recorder, as approved in CEQA.
Attachment #2
Becker Billboards
CA 19-06
PASSED, APPROVED AND ADOPTED THIS ___ DAY OF _______ 2022, BY THE FOLLOWING VOTE:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_____________________________
Patrick Harper, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Colin Burns, Attorney for the City
Attachment #2
FINAL
INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION
18375 EUCLID STREET
PROPOSED DIGITAL SIGN
Lead Agency:
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4400
Project Proponent:
Becker Boards Small, LLC
4234 Indian School Road
Phoenix, AZ 85018
(602) 312-7990
Environmental Consultant:
Wood Environment & Infrastructure Solutions, Inc.
9177 Sky Park Court
San Diego, CA 92123
(858) 278-3600
October 2022
Attachment #3
TABLE OF CONTENTS
SECTION PAGE
1. Project Title .......................................................................................................................... 5
2. Lead Agency Name and Address ....................................................................................... 5
3. Contact Person and Phone Number................................................................................... 5
4. Project Location................................................................................................................... 5
5. Project Sponsor’s Name and Address............................................................................... 5
6. General Plan Designation.................................................................................................... 5
7. Zoning................................................................................................................................... 5
8. Description of Project.......................................................................................................... 5
9. Surrounding Land Uses and Setting................................................................................13
10. Other Public Agencies Whose Approval is Required .....................................................13
11. Environmental Factors Potentially Affected ....................................................................15
12. Determination.....................................................................................................................15
13. Evaluation of Environmental Impacts ..............................................................................16
14. Environmental Issues........................................................................................................17
15. Explanation of Environmental Issues ..............................................................................28 I. AESTHETICS .......................................................................................................28 II. AGRICULTURE AND FORESTRY RESOURCES................................................38 III. AIR QUALITY........................................................................................................39 IV. BIOLOGICAL RESOURCES .................................................................................46 V. CULTURAL RESOURCES....................................................................................47 VI. ENERGY...............................................................................................................48 VII. GEOLOGY AND SOILS ........................................................................................50 VIII. GREENHOUSE GAS EMISSIONS .......................................................................53 IX. HAZARDS AND HAZARDOUS MATERIALS ........................................................54 X. HYDROLOGY AND WATER QUALITY................................................................. 56 XI. LAND USE AND PLANNING.................................................................................59 XII. MINERAL RESOURCES .......................................................................................61 XIII. NOISE...................................................................................................................62 XIV. POPULATION AND HOUSING .............................................................................66 XV. PUBLIC SERVICES ..............................................................................................67 XVI. RECREATION.......................................................................................................68 XVII. TRANSPORTATION .............................................................................................68 XVIII. TRIBAL CULTURAL RESOURCES ......................................................................70 XIX. UTILITIES AND SERVICE SYSTEMS...................................................................71 XX. WILDFIRE.............................................................................................................72 XXI. MANDATORY FINDINGS OF SIGNIFICANCE:....................................................73
16. References..........................................................................................................................78 Attachment #3
LIST OF APPENDICES
Appendix A – Sign Lighting Study (Watchfire Signs 2018) Appendix B – CalEEMod Emissions Summary
Appendix C – Site Line Study
Appendix D – Response to Comments on the Draft Initial Study / Mitigated Negative Declaration
Appendix E – Mitigation, Monitoring, and Reporting Program
LIST OF FIGURES
PAGE
Figure 1 Regional Location........................................................................................................ 6 Figure 2 Project Vicinity............................................................................................................. 9 Figure 3 Project Site................................................................................................................10 Figure 4 Key Viewing Locations in the Project Area................................................................30 Figure 5 Key Viewing Location 1 Costa Mesa Residential Area – Before and After ...............32 Figure 6 Key Viewing Location 2 Santa Ana River Trail – Before and After............................34 Figure 7 Key Viewing Location 3 Spencer Avenue – Before and After ...................................36
LIST OF TABLES
PAGE
Table 1 Federal Attainment Deadlines for Criteria Pollutants .....................................................40 Table 2 Air Quality Monitoring Summary (2013-2018)...............................................................42 Table 3 SCAQMD Daily Emissions Thresholds of Significance..................................................43 Table 4 Construction Equipment Fleet........................................................................................43 Table 5 Construction Activity Emissions Maximum Daily Emissions (pounds/day).....................44 Table 6 Localized Significance Thresholds.................................................................................45 Table 7 Estimated Construction GHG Emissions (MT CO2e/yr) .................................................53 Table 8 Fountain Valley Noise Ordinance Standards FVMC Section 6.28.050 .........................63 Table 9 Construction Equipment Noise Levels............................................................................64 Table 10 Construction Noise Equipment Levels at Off-Site Noise Sensitive Uses ......................65 Table 11 Cumulative Projects .....................................................................................................75 Attachment #3
ACRONYMS
AB Assembly Bill
ALUCOC Airport Land Use Commission for Orange County
APN Assessor Parcel Number
AQMP Air Quality Management Plan
bgs below ground surface
BMP best management practice
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CalEEMod California Emissions Estimator Model
CalFire California Department of Forestry and Fire Protection Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Code
CCAA California Clean Air Act
CCR California Code of Regulations
CDC California Department of Conservation
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CH4 methane
CHRIS California Historical Resources Information
CNEL Community Noise Equivalent Level
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon dioxide equivalent
cy cubic yard
CWA Clean Water Act
DAMP Drainage Area Management Plan
dB decibel
dBA A-weighted decibel
EIR Environmental Impact Report
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FICUN Federal Interagency Committee on Urban Noise
FVMC Fountain Valley Municipal Code
GHG greenhouse gas
GWP global warming potential
I- Interstate
IESNA Illuminating Engineering Society of North America KVL Key Viewing Location
kWh kilowatt-hour
Leq Equivalent Noise Level
LID Low Impact Development
LIP Local Implementation Plan
Lmax Maximum Noise Level
Lmin Minimum Noise Level
LST Localized Significance Threshold
MRF Materials Recovery Facility
MWh megawatt-hour
N2O nitrous oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
Attachment #3
NO2 nitrogen dioxide
NOx nitrogen oxides
NPDES National Pollutant Discharge Elimination system
O3 ozone
OAAA Outdoor Advertising Association of America
OPR Office of Planning and Research
Pb lead
PM10 particulate matter equal to or less than 10 microns in diameter PM2.5 particulate matter equal to or less than 2.5 microns in diameter ppb parts per billion
SARWQCB Santa Ana Regional Water Quality Control Board
SB Senate Bill
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
sf square foot
SLF Sacred Lands File
SO2 sulfur dioxide
SOx sulfur oxides
SQCP Stormwater Quality Control Plan
SRA Source Receptor Area
SWRCB State Water Regional Control Board
TAC Toxic Air Contaminants
USEPA U.S. Environmental Protection Agency
USGS U.S. Geologic Survey
UWMP Urban Water Management Plan
WQMP Water Quality Management Plan
3 micrograms per cubic meter
Attachment #3
PLANNING DEPARTMENT
1. Project Title: 18375 Euclid Street Digital Sign Project
2. Lead Agency Name and Address:
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4400
3. Contact Person and Phone Number:
Mr. Joseph White, President
Becker Boards Small, LLC
4234 Indian School Road
Phoenix, AZ 85018
(602) 312-7990
4. Project Location: The proposed Project is located on a 2.07-acre property at 18375 Euclid Street (Assessor’s Parcel Number [APN] 156-173-07) in the City of Fountain Valley (see Figure 1).
5. Project Sponsor’s Name and Address:
Mr. Joseph White, President
Becker Boards Small, LLC
4234 Indian School Road
Phoenix, AZ 85018
(602) 312-7990
6. General Plan Designation: The Project site is designated as “Commercial Manufacturing” by the City of Fountain Valley General Plan (City of Fountain Valley 1995).
7. Zoning: The Project site is zoned as “Specific Plan” under the Fountain Valley Zoning Ordinance (Fountain Valley Municipal Code [FVMC] Title 21; City of Fountain Valley 2019).
8. Description of Project: Becker Boards Small, LLC (Applicant) is proposing to demolish the existing 59-foot-tall pole sign structure located at 18375 Euclid Street and construct a new pole-mounted digital sign in its place. The proposed Project would require an amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan and issuance of an Outdoor Advertising Permit from the California Department of Transportation (Caltrans).
Attachment #3
PROJECT
SITE
405
405
405
405
55 73
22 22
22 39
39 39
1 WARNER AVENUE
TALBERT AVENUE
ELLIS AVENUE
GARDEN GROVE BOULEVARD
WESTMINSTER BOULEVARD
TRASK AVENUE
BOLSA AVENUE
ADAMS AVENUE
HAMILTON AVENUE
YORKTOWN AVENUE
EDINGER AVENUE
GARDEN GROVE BOULEVARD
WESTMINSTER BOULEVARD
TRASK AVENUE
BOLSA AVENUE
WARNER AVENUE
TALBERT AVENUE
ELLIS AVENUE
ADAMS AVENUE
HAMILTON AVENUE
YORKTOWN AVENUE
EDINGER AVENUE
PACIFIC
OCEAN
Huntington
Beach
Costa
Mesa
Santa
Ana
Garden
Grove
Westminster
Fountain
Valley
Huntington
Beach
Costa
Mesa
Santa
Ana
Garden
Grove
Westminster
PROJECT
SITE
5 105
5 15
15 605
605
405
405
22 91
91 60
55 55
57 Huntington Beach Anaheim
Orange
Irvine Santa Ana Fountain Valley Fullerton San ClementeSan Juan Capistrano Mission Viejo Laguna Beach
Newport Beach
ORANGE
COUNTY
SAN DIEGO
COUNTY RIVERSIDE COUNTY
SAN BERNARDINO
COUNTY
LOS ANGELES COUNTY CLEVELAND
NATIONAL FOREST PROJECT
SITE
0 10 MILES
0 300 MILES
Project Site
C
A
L
I
F
O
R
N
I
A
C
A
L
I
F
O
R
N
I
Orange County A
LEGEND
City of Fountain Valley
Other Cities
0 1
SCALE IN MILES
Regional Location
Attachment #3
Project Location and Surrounding Land Uses
The Project site is located in the southern
portion of the City of Fountain Valley at 18375
Euclid Street (APN 156-173-07), along its
boundary with the City of Costa Mesa to the
south (refer to Figure 1). The Project site is
located approximately 850 feet to the northwest
of the Ellis/Euclid southbound on-ramp to
Interstate (I-) 405.
The Project site is currently developed with a
single conjoined building supporting three
individual commercial retail businesses: Green
Room, Guitar Center, and Cort Furniture
Outlet. In addition to this building, the Project
site includes a paved surface parking lot, perimeter chain link fencing, limited landscaping, bolted down trash cans, streetlamps, and a 59-foot-tall existing pole sign structure. The existing pole sign structure is located in the southeastern most corner of the Project site adjacent to Euclid Street and visible from the northbound and southbound lanes of I-405.
The Project site is generally bordered by commercial retail development to the north and west along Euclid Street and Condor Avenue, the Santa Ana River to the east, and I-405 to the south.
Euclid Street has a paved width of approximately 85 feet, including three northbound lanes, three southbound lanes, and a center left turn lane. Narrow pedestrian sidewalks are located on either side of the paved roadway and provide approximately 6 feet of width with streetlamps spaced approximately 200 feet apart. Businesses located along Euclid Street include VCA West Coast Specialty & Emergency Animal Hospital, Pan-Pacific Mechanical, Ortho Mattress, Sherwin Williams Paint Company, and several home improvement and furniture stores. The buildings The Project site is currently developed with a commercial retail building and paved surface parking lot. Signage for the businesses is mounted to the building wall and visible from the adjacent streets. A pole sign structure advertising the businesses is located in southeastern corner of the Project site and visible from the adjacent streets and I-405.
The Project site is located within an urbanized area
surrounded by commercial retail development.
Attachment #3
The Santa Ana River Trail is a paved
50.3-mile trail that spans three counties
beginning at S. Waterman Avenue
(San Bernardino) and ending at the
Huntington Beach Bicycle Trail at State
Route 1 / Pacific Coast Highway
(Huntington Beach). Between Santa
Ana and Fountain Valley the Santa Ana
River Trail runs in a northeastsouthwest direction for approximately
8.2 miles and is used by cyclists,
runners, walkers, etc. The Santa Ana
River Trail runs along the 10-foot-tall
levee that forms the eastern bank of the
Santa Ana River. The levee separates
the watercourse from adjacent
development and is characterized by
ruderal vegetation and small trees
growing along the engineered slope.
The Project site is located
approximately 45 feet from the
northbound lanes of I-405, between
post mile marker 12.41 and 12.50. I405 is located approximately 10 feet higher than the surface parking lot
located on the Project site.
The Project site is designated as
“Commercial Manufacturing” by the
City’s General Plan (City of Fountain
Valley 1995). The Project site and
surrounding development are
designated as “Workplace Gateway” in
the Fountain Valley Crossings Specific
Plan, intended to enable high value
office development to mix with other
uses on freeway adjacent sites. The Project site is also located within the “Activity Core” overlay, which is intended to offer commercial goods and services as well as community services that cater to the immediate district as well as the City and surrounding area (City of Fountain Valley 2018a).
The Project site is bordered by I-405 to the south.
The Santa Ana River Trail is a paved trail that runs along the eastern bank of the channelized Santa Ana River. Located just across from Euclid Street, the Project site and the existing pole sign structure is visible from the trail.
along Euclid Street are generally one to three stories in height with associated paved surface parking lots accessible via driveways along Euclid Street. Limited landscaping is present, consisting of primarily of low-growing shrubbery or small to medium trees.
Attachment #3
Attachment #3
Page
Attachment #3
Proposed Project
Under the proposed Project the Applicant would demolish the existing 59-foot-tall pole sign structure and construct a new pole-mounted digital sign in its place. The proposed pole-mounted digital sign would be 73 feet tall with two back-to-back digital display panels pinched together at one end – creating a “V” shape – allowing the commercial advertisements to be visible to vehicles traveling in both northbound and southbound directions on I-405. A blank panel at the opening of the V-design would ensure that the components of the electronic boards are not visible from the opening on the north side. Each of the digital display panels would have dimensions of 14 feet high and 48 feet wide for a total display area of 672 square (sf) per panel. The proposed digital sign would incorporate Louver Technology that would block light spillage from the sign. The mechanical louvers – made of matte-finished black polymer – would absorb the light from the LED and prevent passage in the protected direction (see Appendix C). Non-illuminated City logos would be affixed on either side of the pole mount structure. Additionally, four static illuminated signs would be attached to the pole mount structure, beneath the digital display. The proposed Project would involve the installation of a new pole mount structure – designed by a structural engineer – to ensure adequate support of the proposed digital sign. Based on similarly sized digital signs it is assumed that the proposed digital sign would be supported by an approximately 6-foot diameter caisson foundation.1 The caisson would be installed to a depth of approximately 35 feet below the ground surface (bgs) and filled with concrete. Electrical and communications utilities would be installed underground to connect the digital sign to the existing on-site power source adjacent to the existing commercial retail building.
Construction
Construction of the proposed Project
would occur over an estimated 2- to 4-
week period – beginning in early 2023
– and would involve the use of heavy
haul trucks as well as a crane,
excavator, trencher, and drilling rig.
Construction activities would begin with
demolition of the existing pole sign
structure. The aboveground portions of
the sign would be disassembled and
removed using a hydraulic truck crane.
Following the removal of the
aboveground portions of the pole sign
structure, the existing pole would be cut
at the ground level, then the existing
concrete foundations would be
excavated and removed from the Project site. It is anticipated that excavation would occur over an approximate 7- by 7-foot area. The concrete debris would be transported to a concrete recycling facility (e.g., Materials Recovery Facility [MRF] in Huntington Beach), requiring approximately 5 truck trips (assuming a 14-cubic yard [cy] dump truck) 1 A caisson is a prefabricated hollow box or cylinder sunk into the ground to some desired depth and then filled with concrete thus forming a foundation.
The proposed Project would involve the demolition of the existing pole sign structure and would include the use of a hydraulic truck crane and other heavy equipment during the construction and installation of the proposed digital sign.
Attachment #3
Following the completion of demolition activities, the new pole-mounted digital sign would be constructed. A drilling rig would be used to drill a hole approximately 6 feet in diameter and 35 feet deep, necessary to install the caisson for the new pole support mount. The pole support mount would be lifted into place and inserted into the hole by a hydraulic truck crane, as concrete is poured into the caisson to set the pole support mount in place. The digital display panels would be assembled on-site and held in place by the hydraulic truck crane as they are welded to the pole support mount. Electrical and communications utilities would be installed underground to connect the digital sign to the existing on-site power source adjacent to the existing commercial retail building. Trenching for electrical and communications utilities would be between 18-24 inches deep. No buildings or structures other than the pole-mounted digital sign are proposed at the Project site.
Temporary construction staging, and equipment laydown areas associated with the proposed Project would be located on-site within the paved asphalt surface parking lot area immediately north and west of the existing sign (refer to Figure 3).
Construction associated with the proposed Project would require approximately 5 truck trips for the removal of the concrete debris and 14 truck trips for removal of the existing static display and delivery of the pole support mount, digital displays, and other associated construction materials.
Additionally, it is estimated that up to 10 construction workers would be on-site for the duration of the construction activities. Construction activities would be limited to the hours between 7:00 am to 8:00 pm Monday through Friday and between 9:00 am and 8:00 pm on Saturday, consistent with City’s requirements codified in the City’s Noise Ordinance (FVMC Section 6.28.070[5]).
Proposed Amendments
In order to facilitate the construction of the proposed pole-mounted digital sign at 18375 Euclid Street, the Applicant is requesting an amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan.
Under the proposed Project, Section 2.9 would be amended by the City to allow for the display of off-site advertising within a limited area between I-405 mile marker 12.41 and 12.50. Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. According to California Business and Professions Code Section 5216, development of outdoor advertising displays is prohibited in areas designated as “landscaped freeway” (Caltrans 2020a). The Project site – between I-405 mile marker 12.41 to 12.50 – is the only area in the City of Fountain Valley along I-405 that is not designated as a “landscaped freeway” by Caltrans.
These proposed amendments would allow for the development of a single pole-mounted digital sign on the Project site and would not facilitate the development of any similar signage within other properties or areas of the City.
Prior to the issuance of a building permit for the proposed digital sign the Applicant would enter into a Development Agreement with the City of Fountain Valley. As a part of the proposed Project, the Applicant shall implement measures described in the Development Agreement, including but not limited to the following:
Attachment #3
The Applicant shall pay an annual Development Fee as stipulated in the Development Agreement.
The Applicant shall provide the City with advertising space for the purposes of posting public service announcements and City-related advertising and announcements, free of charge on a space-available basis.
The Applicant shall make available advertising space for “Amber Alert” or other emergency messages, free of charge.
The Applicant shall comply with all applicable California Building Code (CBC) requirements.
The Applicant shall maintain acceptable clearance from the Southern California Edison (SoCal Edison) distribution lines.
The Applicant shall comply with standards as adopted by the Caltrans Outdoor Advertising Division, Outdoor Advertising Association of America (OAAA) including but not limited to:
o The 0.3 foot-candle limitation over ambient light levels at 250 feet. o Ensuring additional flexibility in reducing maximum light level standard given the lighting environment, and automatic dimming capabilities and a contact person to respond to any reasonable complaints from the City (Director of Planning and Building).
9. Surrounding Land Uses and Setting: As previously described, the Project site is generally bordered by commercial retail development to the north and west along Euclid Street and Condor Avenue, the Santa Ana River to the east, and I-405 to the south (refer to Figure 2 and Figure 3).
10. Other Public Agencies Whose Approval is Required: In addition to the discretionary approval – the proposed amendments to Section 2.9 of the Fountain Valley Crossings Specific Plan – and the Development Agreement required from the City of Fountain Valley, the proposed digital sign would require issuance of an Outdoor Advertising Permit from Caltrans.
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Letters were mailed to the following Native American tribes to formally invite consultation with the City in compliance with Public Resources Code Section 21080.3.1.
Andrew Salas, Gabrieleño Band of Mission Indians - Kizh Nation Anthony Morales, Gabrielino/Tongva San Gabriel Band of Mission Indians Sandonee Goad, Gabrielino/Tongva Nation
Sam Dunlap, Gabrielino/Tongva Nation
Robert F. Dorame, Gabrielino Tongva Indians of California Tribal Council Attachment #3
Linda Candelaria, Gabrielino-Tongva Tribe
Joyce Stanfield Perry, Juaneno Band of Mission Indians Acjachemen Nation Matias Belardes, Juaneno Band of Mission Indians Acjachemen Nation Joseph Ontiveros, Soboba Band of Luiseno Indians
Sonia Johnston, Juaneno Band of Mission Indians
Teresa Romero, Juaneno Band of Mission Indians Acjachemen Nation Conducting consultation early in the California Environmental Quality Act (CEQA) process allows tribal governments, lead agencies, and applicants to discuss the level of environmental review, identify, and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process (Public Resources Code Section 21080.3.2). Information may also be available from the California Native American Heritage Commission’s (NAHC’s) Sacred Lands File (SLF) per Public Resources Code Section 5097.96 and the California Historical Resources Information System (CHRIS) administered by the California Office of Historic Preservation. (Please also note that Public Resources Code Section 21082.3(c) contains provisions specific to confidentiality.)
Attachment #3
12. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and
Hazardous Materials
Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance
13. Determination: On the basis of this initial evaluation:
I find that the Project could not have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions on the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find the Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the Project MAY have a "potentially significant impact” or "potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Project, nothing further is required.
Signature Date
Attachment #3
14. Evaluation of Environmental Impacts:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is a fair argument that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an Environmental Impact Report (EIR) is required.
4. “Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. (Mitigation measures from “Earlier Analyses,” as described in (5) below may be cross-referenced.)
5. Earlier analyses may be used where, pursuant to the tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less Than Significant With Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances, etc.). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
Attachment #3
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to “Less Than Significant.”
15. Environmental Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS:
Except as provided in Public Resources Code Section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the project:
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. AGRICULTURE AND FORESTRY RESOURCES:
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a. Convert Prime Farmland, Unique Farmland, or Farmland of State-wide Importance (Farmland) as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section
12220[g]), timberland (as defined by Public Resources
Code Section 4526), or timberland zoned Timberland
Production (as defined by Government Code Section
51104[g])?
d. Result in the loss of forest land or conversion of forest land to non-forest use?
e. Involve other changes in the existing environment, which due to their location or nature, could individually or
cumulatively result in the loss of Farmland, to nonagricultural use or conversion of forest land to non-forest use?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. AIR QUALITY:
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a. Conflict with or obstruct implementation of the applicable air quality plan?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b. Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is
nonattainment under an applicable federal or state ambient air quality standard?
c. Expose sensitive receptors to substantial pollutant
concentrations?
d. Result in other emissions (e.g., those leading to odors) adversely affecting a substantial number of people?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IV. BIOLOGICAL RESOURCES: Would the project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means?
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES: Would the project:
a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b. Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5?
c. Disturb any human remains, including those interred
outside of formal cemeteries?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VI. ENERGY: Would the project:
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VII. GEOLOGY AND SOILS: Would the project:
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
California Geological Survey Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction? iv. Landslides?
b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e. For a project located within an airport land use plan, or where such a plan has not been adopted, within 2 miles of a public airport, will the project result in a safety hazard or excessive noise for people working or residing in the project area?
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X. HYDROLOGY AND WATER QUALITY. Would the project:
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater management
of the basin?
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
i. Result in substantial on- or off-site erosion or siltation; ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of
polluted runoff; or
iv. Impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water quality control plan or substantial groundwater management plan? Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI. LAND USE AND PLANNING: Would the project:
a. Physically divide an established community?
b. Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigation an environmental effect? Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XII. MINERAL RESOURCES: Would the project:
Except as provided in Public Resources Code Section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the project:
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIII. NOISE: Would the project result in:
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b. Generation of excessive ground borne vibration or ground borne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport, will the project expose people residing or working in the project area to excessive noise levels?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIV. POPULATION AND HOUSING: Would the project:
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and
businesses) or indirectly (e.g., through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XV. PUBLIC SERVICES:
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVI. RECREATION:
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVII. TRANSPORTATION: Would the project:
a. Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b. Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d. Result in inadequate emergency access?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVIII. TRIBAL CULTURAL RESOURCES:
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section
5020.1(k), or
b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in Public Resources Code Section 5024.1, subdivision (c). In applying the criteria set forth in Public Resources Code Section 5024.1, subdivision (c) the lead agency shall consider the significance of the resource to a California Native American tribe.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIX. UTILITIES AND SERVICE SYSTEMS: Would the project
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Comply with federal, state and local management and
reduction statues and regulations related to solid waste? Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XX. WILDFIRE:
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted emergency response plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (e.g., roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result or runoff, post-fire slope instability, or drainage changes?
Attachment #3
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE:
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Attachment #3
15. Explanation of Environmental Issues:
I. AESTHETICS
Would the project:
a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. A “scenic vista” is a view of natural environmental, historic, and/or architectural features that possesses visual and aesthetic qualities of value to the community. The term “vista” generally implies an expansive view, usually from an elevated point or open area. As described in the Program EIR for the Fountain Valley Crossings Specific Plan (City of Fountain Valley 2018b), neither the City’s General Plan (City of Fountain Valley 1995), nor the Fountain Valley Crossings Specific Plan (City of Fountain Valley 2018a) designates scenic views or vistas within the City. There are no unique or unusual features in the region that constitute a dominant portion of a view shed (City of Fountain Valley 2018b). As previously described, the Project site is located along the boundary with the City of Costa Mesa to the south (refer to Figure 1).
Similarly, the City of Costa Mesa’s General Plan does not identify any scenic views or vistas within the City (City of Costa Mesa 2015). While the Costa Mesa Community Design Element of the General Plan does promote quality design for buildings, structures, paths, corridors, districts, nodes, landmarks, natural features, and significant landscaping to enhance cohesive community design, the proposed digital sign, located in the City of Fountain Valley, would not affect or degrade any of these features (City of Costa Mesa 2015). Potential views of the proposed Project would be consistent with the urbanized character of both cities.
The most notable features within the vicinity of the Project site are I-405 and the associated commercial/industrial development on either side of the freeway. The Project site and the surrounding area are urbanized with commercial retail development, paved surface parking lots, and heavily trafficked arterial roadways. Distant views of the San Gabriel and Santa Ana Mountains are very limited, with only partially available views northbound along Euclid Street, due to intervening buildings and other structures. Street-level views of the Santa Ana River are blocked by the 10-foot-tall levees on either side of the channelized river; however, the Santa Ana River Trail provides views of the Project site over the top of the channelized river to the west. These views from the Santa Ana River Trail are still urban in nature. Foreground views include a 6-foot-tall chain link fence, mid-ground views of the concrete river channel, and distant views of chain link fencing, power lines, street lights, the City’s water tower and the existing pole sign structure at the Project site (see Figure 6).
As such, while the proposed digital sign would be visible from areas adjacent to the Project site – including the Santa Ana River Trail (see Figure 6) – neither construction, nor operation of the proposed digital sign would have a substantial impact on a scenic vista. Therefore, this impact would be less than significant. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no Officially Designated or Eligible state scenic highways (Caltrans 2020b) within the vicinity of the Project site. Therefore, neither construction, nor operation of the proposed polemounted digital sign would substantially damage scenic resources within a state scenic highway, and there would be no impact. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are Attachment #3
experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The Project site is designated as “Commercial Manufacturing” by the City of Fountain Valley General Plan (City of Fountain Valley 1995) and zoned as “Specific Plan” (FVMC Title 21; City of Fountain Valley 2019). The Project site is designated as “Workplace Gateway” and located within the “Activity Core” overlay the Fountain Valley Crossings Specific Plan (City of Fountain Valley 2018a).
As previously described, neither the City’s General Plan, nor the Fountain Valley Crossings Specific Plan designate scenic views or vistas. The majority of General Plan policies pertain to the overall quality of development, including:
Goal 2.1 Maintain and enhance high quality development throughout the City. o Policy 2.1.1 Maintain and continue to enhance high quality mixed-use development throughout the City.
o Policy 2.1.1 Encourage variety, quality, consistency, and innovation in land use practice.
o Policy 2.1.3 Promote quality commercial and industrial development.
Goal 2.6 Improve architectural quality of development within Fountain Valley. o Policy 2.6.1 Promote residential, commercial and industrial development which achieves harmony without monotony in the built environment.
Goal 2.8 Well designed commercial and industrial development. o Policy 2.8.1 Work with commercial center owners and tenants to improve the appearance and character of these developments.
Similarly, one of the key revitalization strategies of the Fountain Valley Crossings Specific Plan is the “continued presence, improvement, and expansion of light industrial and commercial development in the district” (City of Fountain Valley 2018a).
Implementation of the proposed Project would result in standard construction activities – including demolition of the existing pole sign structure and construction of the proposed polemounted digital sign – that would be visible from adjacent commercial areas, roadways, and sidewalks. However, these construction activities would be temporary lasting for a period of 2 to 4 weeks and therefore, impacts to this urbanized area would be less than significant impact. The proposed Project would also affect long-term views of the surrounding area through the development of the proposed 73-foot-tall pole-mounted digital sign, which would be approximately 14 feet taller than the existing static sign.
Attachment #3
Attachment #3
To evaluate the overall consistency of the proposed Project with the qualitative policies in the City’s General Plan and the Fountain Valley Crossings Specific Plan, three photosimulations were prepared for selected Key Viewing Locations (KVLs) (see Figure 4).2 These photosimulations were created by VIZf/x, a licensed architect, using computer software that accounts for distance and differences in elevation so that the photosimulation accurately represents the scale as would be seen by a person standing at the KVL.
This analysis focuses on the changes to public views with the implementation of the proposed Project. Issues related to light or glare that would adversely affect day or nighttime views in the area are address in Section I(d). The public view assessment depends upon the sensitivity of the resource, as supported by public testimony, viewer susceptibility, viewing conditions (e.g., angle of view, distance, and primary viewing directions), degree of change and visual contrasts to surroundings. These could include changes to existing features that no longer appear characteristic of the Project site or development that substantially or entirely blocks public scenic views or otherwise removes key aesthetic features. Effects on private views are typically not considered under CEQA. CEQA case law has established that only public views, not private views, need be analyzed under CEQA. For example, in Association for Protection etc. Values v. City of Ukiah (1991) 2 Cal. App. 4th 720, the court determined that “we must differentiate between adverse impacts upon particular persons and adverse impacts upon the environment of persons in general. As recognized by the court in Topanga Beach Renters Assn. v. Department of General Services (1976) 58 Cal.App.3d 188, ‘[all] government activity has some direct or indirect adverse effect on some persons. The issue is not whether [the project] will adversely affect particular persons but whether [the project] will adversely affect the environment of persons in general.”
Costa Mesa Residential Area
KVL 1 is located approximately 900 feet to the southeast of the Project site at Moon Park along Nevada Avenue in the northwestern portion of the City of Costa Mesa. This KVL was selected because it is representative of the views provided within this residential area to the south of I-405. However, the KVL is located along Nevada Avenue because views of the proposed pole-mounted digital sign become obscured or completely blocked by residences, other structures, or vegetation further within the residential neighborhood. Moon Park is located immediately adjacent to I-405 and the Santa Ana River. This neighborhood park includes two children’s play structures, picnic tables, small grassy hills and shade trees, and is known for its giant concrete moon dome with craters that simulates the lunar surface.
As shown in Figure 5, existing foreground views from this KVL include the asphalt parking lot, sidewalk, park fencing, and manicured grass lawn. Fire hydrants, street signs, and lampposts, which provide vertical elements to the view from the KVL. Mid-ground views include existing mature trees – including one large tree growing in the center of Moon Park – as well as the children’s play structures.
2 It should be noted that the photosimulations depicte a 85-foot-toll pole-mounted digital sign, as originally proposed. Following the release of the Draft IS/MND the Applicant agreed to reduce the height of the sign to 73 feet, further limiting the visibility of the sign from the three selected KVLs.
Attachment #3
Attachment #3
Distant views include the 10-foot-tall levee forming the eastern bank of the Santa Ana River as well as I-405. The four utility poles provide additional vertical elements to the view from this KVL. The existing pole sign structure is partially visible in the background, where I-405 meets the skyline. The pole sign structure is visible between the large mature tree and the utility pole from this KVL; however, depending on where the viewer stands along Nevada Street this sign may be obscured by these mid-ground features.
Installation of the proposed pole-mounted digital sign would increase total area of signage visible from this KVL. As previously described, the pole-mounted digital sign would be approximately 73 feet tall with 672 sf display panels. Nevertheless, even with the increased height and display panel area, the foreground and mid-ground features would continue to dominate the view from this KVL. The proposed pole-mounted digital sign would be consistent with the existing industrial features – including the utility poles and I-405. Additionally, the proposed pole-mounted digital sign would be partially obscured by the existing large mature tree within the center of park. As such, the proposed digital sign would not substantially alter the visual character of this KVL.
Santa Ana River Trail
KVL 2 is located approximately 950 feet to the northeast of the Project site along the Santa Ana River Trail. This KVL was selected because it is representative of the views provided from the Santa Ana River Trail in the City of Fountain Valley, where it runs along the top of the 10- foot-tall levee, to the north of I-405. It is important to note that while this KVL looks off to the west, the Santa Ana River Trail is most often used by cyclists, runners, and walkers, who are generally looking in a straight line down the paved trail. Therefore, this view of the existing pole sign structure is often only visible in the periphery and/or for short periods.
As shown in Figure 6, existing foreground views from this KVL are urban in nature, including the paved trail and the concrete river channel, interrupted by the 6-foot-tall chain link fence.
Mid-ground views include the levee that forms the western bank of the concrete river channel, a chain link fence on the other side of the river, the City’s water tower, and the tops of the commercial buildings located along Euclid Street on the Project site. Distant views include several vertical elements such as trees, powerlines and utility poles, and street lights. The existing pole sign structure is located in the mid-ground to background vies from this KVL.
The 59-foot-tall pole sign structure is similar in height to the utility poles but is noticeably wider.
Additionally, beyond the existing 6-foot-tall chain link fencing lining the concrete river channel the sign is not blocked or obscure by any other buildings, structures, or vegetation.
Construction of the proposed poled-mounted digital sign would have no impact on the existing foreground views. In the mid-ground to background views the proposed pole-mounted digital sign would be noticeably taller and would include horizontal elements (i.e., display panels) that would be plainly visible from the trail. However, such changes would not substantially alter the view as the existing urban character of the area within the vicinity of this segment of the trail is dominated by pavements and vertical obstructions (e.g., chain link fencing). As such, the proposed digital sign would not substantially alter the visual character of this KVL.
Attachment #3
Attachment #3
Within the City of Costa Mesa, south of
I-405, the Santa Ana River Trail is
located on the street level, to adjacent to
the east of the 10-foot-tall levee.
Therefore, views of the existing pole
sign structure and the proposed polemounted digital sign are completely blocked by the levee itself. The trail does
not re-emerge to the top of the levee for
approximately 0.75 miles, at which point
the existing static sign comprises a very
small, indistinct element in the distant
view. As such, the proposed polemounted digital sign would not substantially affect views from this
segment of the Santa Ana River Trail.
Spencer Avenue
KVL 3 is located approximately 1,000 feet to the west of the Project site along Spencer Avenue immediately adjacent to I-405. This KVL was selected because it is representative of the views provided from the surrounding commercial/industrial areas adjacent to the Project site.
As shown in Figure 7, the foreground views include the paved roadway of Spencer Avenue and nearby surface parking spaces associated with the adjacent commercial/industrial development. Mid-ground views from this KVL are generally obscured by road guards and fencing. Background views include numerous power poles and the distant foothills of the Irvine Regional Park. The existing static sign is located in the mid-ground to background views from this KVL. The 59-foot-tall pole sign structure is similar in height to the utility poles but is noticeably wider.
Construction of the proposed polemounted digital sign would have no impact on the existing foreground
views. In the mid-ground to distant
view the proposed pole-mounted
digital sign would be noticeably
taller and would include horizontal
elements (i.e., display panels) that
would be plainly visible from
Spencer Avenue. Due to the size of
the display panels, the proposed
pole-mounted digital sign would
obstruct additional area of the open
skyline above I-405. The existing pole sign structure and the proposed polemounted digital sign are not visible from the New Hope residential area or any of the other residential areas within the City of Fountain Valley.
The entrance to the Santa Ana River Trail is located
immediately south of I-405, between the Santa Ana River and Moon Park. The 10-foot-tall river level and I-405
obstruct potential views of the Project site from this
location and locations further southwest along the trail.
Attachment #3