Agenda Item No. 15
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 11, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: A. Rafael Castillo, AICP, Senior Planner
Bruce Buckingham, Community Development Director
SUBJECT: Introduction and First Reading of an Ordinance to Amend Municipal Code Article VIII - Building Regulations, Chapter 1 – California Building Code, to Adopt by Reference the 2022 California Building Codes and 2021 International Property Maintenance Code with Local Amendments; Finding of California Environmental Quality Act (CEQA) exemption consistent with CEQA Guidelines Section 15061 (b)(3);
RECOMMENDATION
1) Introduce the Ordinance, by title only, to amend Grover Beach Municipal Code Article VIII – Building Regulations, Chapter 1 – California Building Code to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments; and 2) Adopt a resolution setting forth the findings required by the California Health and Safety Code to support local amendments; and 3) Make the determination consistent with CEQA Guidelines Section 15061 (b)(3); and 4)Schedule the second reading and adoption at the next regularly scheduled City Council meeting.
BACKGROUND
The State mandates that the building and construction codes are updated every three years in all cities and counties throughout the state, known as the tri-annual update. The State published the 2022 California Building Standards Code on July 1, 2022, which will become effective statewide on January 1, 2023. The City adopts the California Building Standards Code by amending the City’s Municipal Code (Article VIII). Staff is recommending that the Council introduce for first reading, the Ordinance to amend Chapter 1 of Article VIII of the Grover Beach Municipal Code to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments (reference Attachment 1) and schedule a second reading and adoption at its next regularly scheduled Council meeting. If adopted by the Council, the new building Codes will go into effect on January 1, 2023.
The State's Health and Safety Code mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three years. The 2022 California Building Standards Code include the following 12 codes:
• Administrative
• Building
• Residential
• Electrical
• Mechanical
• Plumbing
• Energy
• Existing Building
• Fire
• Green Building
• Historical Building
• Reference Standards
Staff Report: 2022 California Building Code Adoption Ordinance Introduction Page 2 October 11, 2022
In addition to adopting the 2022 California Building Standards Code, staff is recommending the Council adopt the 2021 International Property Maintenance Code to replace the currently adopted 2018 version. This Code is not part of the mandatory 2022 California Building Standards Code but is beneficial in addressing code enforcement issues related to property management.
As with previous tri-annual code changes, the proposed changes to the Codes are minor, except for changes to the Energy Code to increase energy efficiency, as these changes strive to meet State required carbon neutral goals. The following is a brief summary of the more substantive changes in the 2022 Building Code:
• Issued permits are now valid for one year upon issuance versus six months, including non-residential projects.
• New residential units may now utilize dry pipe sprinkler systems versus standard water systems.
• Inclusion of new “Aging in place” and fall prevention requirements for all new residential units to allow people to stay longer in their homes as they age. • New residential units must be “electrical ready” for alternatives to gas appliance installations such as water heaters, space heating, cooking, and clothes drying, etc. providing electrical hook-ups, and other infrastructure to allow spaces to switch. • New non-residential buildings must add photovoltaic (PV) and battery storage so these buildings are more self-sufficient.
• Multi-family developments or hotels with less than 20 units must provide no less than 10% of the parking spaces as EV “ready” spaces.
• Multi-family developments or hotels with more than 20 units must support EV charging.
The State allows cities to make local amendments to the 2022 California Building Codes if local geographic, topographic or climatic conditions warrant changes. The California Health and Safety Code requires adoption of a resolution setting forth the pertinent findings and substantial evidence to support local code amendments (reference Attachment 2). Staff is proposing the following modifications to these local amendments which are included in the current 2019 Building Code:
• A local exception to the threshold for the requirement to install fire sprinklers for remodels based on removing more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
• Eliminate the minimum threshold of 1,000 square feet in the Building Code to require the installation of fire sprinklers for the construction of new residential buildings consistent with the 2019 Residential Code, which creates consistency between the Building and Residential Codes.
• Eliminate the minimum threshold of 1,000 square feet to require installation of fire sprinklers for construction of new commercial and industrial buildings. This revision applies to the Building and Fire Codes and would require all new commercial and industrial buildings to install fire sprinkler systems regardless of size. New buildings are often greater than 1,000 square feet so this change would likely have no impact on new construction. • Require the installation of a dry pipe in-lieu of fire sprinklers where the minimum 10-foot access cannot be met allowing a fire hose to be attached at the back of sidewalk with the dry pipe running to the rear yard where a firefighter could attach a fire hose to extinguish a fire.
• Add a section stating that permits issued for active code enforcement cases are only valid for 90 days unless an extension is granted.
In addition to the adoption of these local exceptions, staff proposes adoption of Appendix “P”, which allows for a streamlined review of emergency shelter facilities such as temporary cabins, Staff Report: 2022 California Building Code Adoption Ordinance Introduction Page 3 October 11, 2022
tents, and other structures when a state of emergency, local emergency, or shelter crisis has been declared by the City. Appendix “P” includes some of the following reductions:
• Reduction in minimum size of what is considered a “unit” (70 square feet). • Reduction in minimum ceiling heights.
• Reduction in requirements for use of lofts as sleeping areas. • Allowance for common kitchen areas for individual cabin units.
This appendix allows for future projects such as the 5Cities Homeless Coalition temporary emergency housing project on County property to be permitted in an expedient manner if the City is the lead agency for permitting.
ENVIRONMENTAL REVIEW
It is recommended Council make the following determination that this action is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) under the general rule contained in Section 15061(b)(3). This action involves updates and revisions to existing regulations consistent with State law and will not result in any direct or indirect physical changes to the environment.
FISCAL IMPACT
Adoption of the proposed Code Amendment would not have a fiscal impact to the City’s General Fund. The cost to administer the Codes is recovered through permit fees.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Introduce the Ordinance to amend Grover Beach Municipal Code Article VIII - Building Regulations, Chapter 1 – California Building Code, to adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with local amendments; adopt a resolution setting forth the pertinent findings and substantial evidence required by the California Health and Safety Code to support local amendments; make a determination of CEQA exemption consistent with Guidelines Section 15061 (b)(3) and schedule the second reading and adoption at the next regularly scheduled City Council meeting; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
On September 26, 2022, a public hearing notice was published in the New Times. The agenda was posted in accordance with the Brown Act. A copy of the agenda was sent to the Home Builders Association of the Central Coast.
Attachments
1. Attachment 1 – Draft Ordinance Adoption for 2022 California Building Code
2. Attachment 2 – Resolution for 2022 California Fire Code Exceptions ORDINANCE NO. 22-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AMENDING ARTICLE VIII OF THE GROVER BEACH MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL BUILDING CODE, 2022 CALIFORNIA FIRE CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA REFERENCE STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE WITH
LOCAL AMENDMENTS
WHEREAS, the City of Grover Beach is a municipal corporation organized under the laws of the State of California; and
WHEREAS, every three years the State of California adopts updated building codes referred to as the California Building Standards Code for the protection of the public; and WHEREAS, the State-adopted 2022 California Building Standards Code become effective on January 1, 2023; and
WHEREAS, the City seeks to amend its Municipal Code to adopt the 2022 California Building Standards Code, and the 2021 International Property Maintenance Code by reference; and
WHEREAS, it is the desire and intent of the City Council to adopt local amendments to the 2022 California Fire Code that affect the installation of fire sprinklers and common driveway access based on local climatic, geographical or topographical conditions; and WHEREAS, the California Health and Safety Code, Section 17958.5 requires the City Council make findings that the amendments to the 2022 California Fire Code are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, the City Council has determined that local amendments to the 2019 California Fire Code are reasonably necessary because of local climatic, geographical, or topographical conditions in the City of Grover Beach as adopted by City Council Resolution No. 22-___ at its October 11, 2022 meeting; and
WHEREAS, the City Council introduced the ordinance and conduct the first reading of the ordinance at its October 11, 2022 meeting.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
Attachment 1
Ordinance No. 22-___ Page 2
PART 1. The above recitals and findings are true and correct and are incorporated herein by this reference.
ARTICLE VIII – BUILDING REGULATIONS
CHAPTER 1 – CALIFORNIA BUILDING CODE
Sec. 8100. Building Official. Appointment and Duties. The Building Official shall be appointed by the City Manager of the City of Grover Beach and shall hold office at the pleasure of said City Manager. The Building Official or his/her authorized representative shall work under the direction of the Community Development Director. The Building Official is authorized and directed to administer and enforce all provisions and codes adopted by this Chapter and for such purpose shall have the powers of a police officer.
Sec. 8101. Adoption of the California Building Standards Administrative Code. The 2022 edition of the California Building Standards Administrative Code, is hereby adopted as the Building Standards Administrative Code of the City of Grover Beach.
Sec. 8102. Adoption of the California Building Code. The 2022 edition of the California Building Code, including Appendix B, G, I, J, and P is hereby adopted as the Building Code of the City of Grover Beach except for the following revisions.
A. Sections 903.2 through 903.2.11.3 shall be deleted in its entirety and replaced with the following:
Section 903.2. Where required. Approved automatic sprinkler systems shall be installed in the following locations:
1. In all new buildings and structures.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions add more than 50% to the existing square footage, and results in a total square footage equal or greater than of 1,000 square feet.
b. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
c. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
Ordinance No. 22-___ Page 3
d. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012.
Sec. 8103. Adoption of the California Residential Code. The 2022 edition of the California Residential Code, including Appendix AH, AK, and AQ, AX, and AZ is hereby adopted as the Residential Code of the City of Grover Beach except for the following revisions.
A. Sections R313.1 Exception and R313.2 shall be deleted in its entirety and replaced with the following:
Section R313.1 Exception and R313.2. An automatic residential fire sprinkler system shall be installed in additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions add more than 50% to the existing square footage and results in a total square footage in excess of 1,000 square feet.
2. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
3. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
4. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012. Buildings or structures separated by less than ten feet shall be considered as a single building or structure.
B. Section R313.2.2. shall be added as follows:
1. Where an Accessory Dwelling Unit cannot comply with minimum access requirements, a horizontal dry pipe may be installed in lieu of fire sprinklers as approved by the Fire Chief.
Sec. 8104. Adoption of the California Electrical Code. The 2022 edition of the California Electrical Code, including Annex A, B, C, D, E, F, G, H and I is hereby adopted as the Electrical Code of the City of Grover Beach.
Sec. 8105. Adoption of the California Mechanical Code. The 2022 edition of the California Mechanical Code, including Appendix B, C and D, is hereby adopted as the Mechanical Code of the City of Grover Beach.
Sec. 8106. Adoption of the California Plumbing Code. The 2022 edition of the California Plumbing Code, including Appendix A, B, D, H, I and J, is hereby adopted as the Plumbing Code of the City of Grover Beach.
Ordinance No. 22-___ Page 4
Sec. 8107. Adoption of California Energy Code. The 2022 edition of the California Energy Code, including Appendix 1-A, is hereby adopted as the Energy Code of the City of Grover Beach.
Sec. 8108. Adoption of the California Historical Building Code. The 2022 edition of the California Historical Building Code, including Appendix A, is hereby adopted as the Historical Building Code of the City of Grover Beach.
Sec. 8109. Adoption of California Fire Code. The 2022 edition of the California Fire Code, including Appendix Chapters A, B, BB, C, CC, D, E, F, H, I and O is hereby adopted as the Fire Code of the City of Grover Beach except for the following revisions.
A. The following Sections of the 2022 California Fire Code shall be revised to delete and insert the following:
Section 101.1 Title. Delete “Name of Jurisdiction” and insert “The City of Grover Beach”.
Section 110.4 Violation Penalties. Delete “Specify Offense” and insert “Misdemeanor”.
Section 110.4 Violation Penalties. Delete “Amount” and insert “1,000.00”.
Section 110.4 Violation Penalties. Delete “Number of Days” and insert “365”.
Section 112.4 Failure to comply. Delete the first “Amount” and insert “triple the amount charged for the original permit fee(s)” and delete the second “Amount” and insert “$1,000.00”.
B. Section 503.1 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3. In addition to fire access required by the California Fire Code and Article IX of the Grover Beach Municipal Code, alleys and common driveways are designated fire lanes and shall be maintained in accordance with sections 503.2.1, 503.3, and 503.4 of the California Fire Code.
EXCEPTION: Where common driveways were constructed prior to January 1, 1998, minimum width and height clearances may be modified by the Fire Chief.
EXCEPTION: Where common driveways do not exceed 40 feet in length.
EXCEPTION: Common driveways may be less than 20 feet in width as allowed by Article IX Section 3.50.100.C.2.
C. Section 903.2 through 903.2.11.3 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following:
Section 903.2. Where required. Approved automatic sprinkler systems shall be installed in the following locations:
1. In all new buildings and structures.
2. In additions or alterations for all buildings or structures as follows:
Ordinance No. 22-___ Page 5
a. Throughout structures where additions add more than 50% to the existing square footage, and results in a total square footage equal or greater than 1,000 square feet.
b. Throughout structures where alterations remove more than 50% of the exterior walls and/or remove more than 50% of the roof framing.
c. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table 903.2.1.
Table 903.2.1
Hazard Categories
Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-2.1, I-3, I-4, L
3 A, E, I-1, M, R-1, R-2, R-2.1, R-4
4 B, F-1, R-3, R-3.1,S-1
5 (Lowest Hazard) F-2, S-2, U
d. These requirements will be applicable to the combined square footage of all building permits issued for the address or site since January 1, 2012.
D. Appendix D Section D107.1 Exception 1 of the 2022 California Fire Code shall be deleted in its entirety.
Sec. 8109.1. Fire Code Official. The California Fire Code with amendments set forth in this Section shall be enforced by the Five Cities Fire Authority, which shall be operated under the Fire Chief of the Five Cities Fire Authority. The Fire Chief of the Five Cities Fire Authority may designate qualified individuals as inspectors as shall be necessary from time to time.
Sec. 8109.2. Recovery of Costs. Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Building Code, or any other applicable law, ordinance or regulation, the cost of emergency service to mitigate and secure any emergency that is within the responsibility of the Fire Chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency, and such person shall be liable for the costs of such services. Damages and expenses incurred by any public agency providing emergency services or mutual aid shall constitute a debt of such person and shall be collectible by the Fire Chief or City Manager or designee for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Costs and expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up.
Sec. 8109.3. Issuance of Citations. Officers and employees within the City of Grover Beach authorized to issue citations are designated within Article I, Chapter 2 of the Grover Beach Municipal Code.
Ordinance No. 22-___ Page 6
Sec. 8110. Adoption of the California Existing Building Code. The 2022 edition of the California Existing Building Code, including Appendix A1, is hereby adopted as the Existing Building Code of the City of Grover Beach.
Sec. 8111. Adoption of the California Green Building Standards Code. The 2022 edition of the California Green Building Standards Code without appendices is hereby adopted as the Green Building Standards Code of the City of Grover Beach.
Sec. 8112. Adoption of the California Reference Standards Code. The 2022 edition of the California Reference Standards Code is hereby adopted as the Reference Standards Code of the City of Grover Beach.
Sec. 8113. Adoption of the International Property Maintenance Code. The 2021 edition of the International Property Maintenance Code is hereby adopted as the Property Maintenance Code of the City of Grover Beach, except for the following revisions.
A. The following Sections of the 2018 International Property Maintenance Code shall be revised to delete and insert the following:
Section 101.1 Title. Delete “Name of Jurisdiction” and insert “The City of Grover Beach”.
Section 103.5 Fees. Delete “Jurisdiction to insert appropriate schedule” and insert “The Grover Beach Master Fee Schedule”.
Section 112.4 Failure to comply. Delete the first “Amount” and insert “triple the amount charged for the original permit fee(s)” and delete the second “Amount” and insert “$1000.00”.
Section 302.4 Weeds. Delete “jurisdiction to insert height in inches” and insert “four inches”.
Section 304.14 Insect screens. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Section 602.3 Heat supply. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Section 602.4 Occupiable workspaces. Delete “during the period from [Date] to [Date]” and insert “year-round”.
Sec. 8114. Small Residential Rooftop Solar Energy System Review Process.
A. Definitions.
1. A "solar energy system" means either of the following:
(a) 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. (b) 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.
2. A "small residential rooftop solar energy system" means all of the following:
a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
b. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.
c. A solar energy system that is installed on a single or duplex family dwelling. d. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
Ordinance No. 22-___ Page 7
3. "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.
B. Purpose. The purpose of the section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 to achieve timely and costeffective installations of small residential rooftop solar energy systems. The section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. The section allows the city to achieve these goals while protecting the public health and safety.
C. Applicability.
1. This ordinance applies to the permitting of all small residential rooftop solar energy systems in the city.
2. 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 shall not require a permit.
D Solar Energy System Requirements.
1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and city.
2. 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.
3. 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.
E. Duties of Building Division.
1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.
2. Electronic submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.
3. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. However, the final permit must be signed at the counter until the city develops an electronic permit issuance registration.
4. The building division shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
5. 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.
Ordinance No. 22-___ Page 8
6. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
F. Permit Review and Inspection Requirements.
1. The city shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The building division should issue a building permit or other nondiscretionary permit within the recommended timeframes contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.
2. 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.
3. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
4. 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.
5. The inspection shall be done in a timely manner and should include consolidated inspections.
6. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
Sec. 8115. Electrical Vehicle Charging Stations Review Process.
A. Definitions.
1. "Electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electric Code, as it reads on the effective date of this section and delivers electricity from outside an electric vehicle into a plug-in electric vehicle.
2. 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 on another similarly situated application in a prior successful application for a permit.
3. "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.
B. Purpose. The purpose of the section is to adopt an expedited, streamlined electrical vehicle charging station permitting process that complies with the Electrical Vehicle Charging Stations Open Access Law and AB 1236 to achieve timely and cost-effective installations of electric vehicle charging stations. The section encourages the use of electrical vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electrical vehicle charging stations. The section allows the city to achieve these goals while protecting the public health and safety.
Ordinance No. 22-___ Page 9
C. Applicability.
1. This ordinance applies to the issuance of building permits for electric vehicle charging stations in the city. All requirements of building permit applications in Title 24 for electric vehicle charging stations that are not addressed in this section shall remain in effect.
2. Electric vehicle charging stations legally established or permitted prior to the effective date of the 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 an electronic vehicle charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
D. Electric Vehicle Charging Station Requirements.
1. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
2. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. Duties of Building Division.
1. All documents required for the submission of an expedited electric vehicle charging station building permit application shall be made available on the city website.
2. Electronic submittal of the required building permit application and documents by email, the internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.
3. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. However, the final permit must be signed at the counter until the city develops an electronic permit issuance registration.
4. The building division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
5. The electric vehicle charging stations permit process and checklist shall substantially conform to recommendations for expedited permitting, including the checklist contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" adopted by the Governor's Office of Planning and Research.
F. Permit Review and Inspection Requirements.
1. The city shall adopt an administrative, nondiscretionary review process to expedite approval of electrical vehicle charging stations. The building division should issue a building permit or other nondiscretionary permit as expeditiously as possibly upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.
2. 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.
3. 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.
4. The Building Official may require an applicant to apply for a Use Permit if the Official finds, based on substantial evidence, that the electric vehicle charging station could Ordinance No. 22-___ Page 10
have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission pursuant to Article IX Chapter 7.
5. If a Use Permit is required, the Planning Commission may deny such application if it 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 the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
6. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
Sec. 8116. Permits Issued to Correct Code Violation. Permits issued to correct code violations pursuant to an active code enforcement case shall be valid for a period of 90 days. Extensions to the permit may be granted at the discretion of the building official. Performance or approval of a required inspection will not automatically extend the permit.
PART 3. That each of the changes or modifications to measures referred to herein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of Grover Beach and the findings set forth in a separate Resolution are hereby adopted and support the local necessity for the changes or modifications.
PART 4. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R. Section 15061(b)(3)) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
PART 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
PART 6. This Ordinance shall take effect January 1, 2023. Within fifteen (15) days after its adoption, it shall be published in full, together with the names of the Council Members voting in favor, in a newspaper of general circulation within the City.
Ordinance No. 22-___ Page 11
INTRODUCED at a regular meeting of the City Council held on October 11, 2022 and PASSED, APPROVED and ADOPTED by the City Council on _______________ on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
JEFF LEE, MAYOR
ATTEST:
_________________________________
WENDI SIMS, CITY CLERK
APPROVED AS TO FORM:
_________________________________
DAVID P. HALE, CITY ATTORNEY
**DRAFT**
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA ADOPTING LEGISLATIVE FINDINGS SUPPORTING
AMENDMENTS AND CHANGES TO THE CALIFORNIA BUILDING
STANDARDS CODE PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 AND 18941.5
WHEREAS, the Grover Beach City Council intends to pass an ordinance adopting the 2022 California Building Standards Code and making modifications; and WHEREAS, the California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 require the governing body of a city, before making any modifications or changes to the California Building Standards Code to make expressed findings that such modifications or changes are reasonably necessary because of local climatic, geographic, or topographic conditions; and
WHEREAS, the Grover Beach City Council finds that a departure from the California Building Standards Code is reasonably necessary because of local climatic, geographic, or topographic conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
The City Council has determined that local amendments to the 2022 California Fire Code are reasonably necessary because of local climatic, geographical, or topographical conditions in the City of Grover Beach and the following legislative findings support the local necessity for the amendments:
1. Climate – The City of Grover Beach is located in a semi-arid Mediterranean type climate.
It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry winds, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. In addition, the high winds generated often cause road obstructions such as fallen trees. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to destructive fires. There are approximately 2980 properties in the Grover Beach area that are subject to some exposure to wildfires. This represents approximately 61% of the properties in Grover Beach. In addition to directly damaging or destroying buildings, these fires also disrupt utility services throughout the area. Nearby areas in the county have a history of such fires, including the Avila Fire, Camp Indonico Fire, and the Las Pilitas Fire.
2. Climate – Water demand in this area challenges the quantity supplied by natural precipitation and, although the population continue to grow, the already-taxed water supply does not. The estimated population of California in 2006 was more than 36 million people. The state is projected to increase in population by nearly 10 million by the year 2030, with 50 percent of that growth centered in Central and Southern California. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation may not be fully dependable in many areas of the state. The City on September 26, 2022 approved a Stage 3 water shortage due to significant decreases in the City’s Attachment 2
Resolution No. 22-__ Page 2
water supply such as diminished capacity of water in Lopez Lake which represents one of the principal sources of water for the City. Additional alternatives would further reduce the amount of water required for housing units created within an infill community such as Grover Beach. The City's core area continues to become more concentrated, with new mixed-use structures whose occupants, along with the structures themselves, could be vulnerable to uncontrolled fires due to lack of available water. This necessitates the need for additional and on-site fire protection feature, and alternatives that do not consume as much water.
3. Climate- These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems also reduce the use of water for firefighting by extinguishing fires at an early stage. A typical on-site fire sprinkler system will use less than 10% of the water used by a fire department by the time a fire engine unit is dispatched and has the ability to extinguish the fire.
According to the Scottsdale Report, which was a 15-year study of fire sprinkler effectiveness, a fire sprinkler uses on average of 341 gallons of water to control a fire.
Firefighters utilize an average of 2,935 gallons of water when compared to the use of sprinklers.
4. Topographical - Geographic, land use and recent state legislation, such as SB 9 have imposed greater impacts on the city’s limited available land and have resulted in greater density along with a large number of mixed-use projects, combining residential with commercial occupancies, therefore causing a new for both fire suppression systems that utilize both water and other materials to reduce fire hazards.
5. Topographical - Traffic and circulation congestion is an ongoing problem throughout the region. Traffic flow in and through Grover Beach is limited by the transverse by the Grover Heights Hills, which provide limited passage to the north, and the Pacific Ocean to the south. The narrow corridor that Highway 101 occupies is subject to traffic delays under normal conditions and emergency events can render the highway impassable. This has the double effect of preventing traffic from leaving the City and potentially preventing emergency workers, who often live out of town, from entering. At various times, Highway 101 has also been closed north or south of the City due to significant traffic congestion or accidents. In addition, roads in the foothills are narrow, and vulnerable to emergency conditions. Some of the older roadways are below current access standards and pose challenges to responding emergency vehicles, especially fire engines. These challenges are exacerbated in the event of an evacuation.
6. Topographical – These topographical conditions combine to create a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
7. Geological – These topographical conditions as stated in findings 4 through 6 combine to create a situation which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property. Previous earthquakes have been Resolution No. 22-__ Page 3
accompanied by disruption of traffic flow and fires. 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 of buildings. In addition to gas mains, individual gas and electric service connections to residences may provide both fuel and ignition sources during a seismic event. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants.
8. Geographical – The climatic, topographical, and geological conditions described above make it prudent to rely upon automatic fire sprinkler systems and other fire protection measures to mitigate extended fire department response times. Automatic sprinklers and other measures specified in this Ordinance are intended to lessen life safety hazards and keep fires manageable with potentially reduced fire flow (water) requirements for a given structure. How long does it take a single fire sprinkler to extinguish a fire? According to the Home Fire Sprinkler Coalition, sprinklers can extinguish small fires in as little as 90 seconds using less than one tenth as much water as a fire hose, greatly limiting water damage. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Five Cities Fire Authority which is the fire department for the City of Grover Beach. As California is subjected to the ongoing effects of climate change, local changes to climatic, topographic and geological conditions will likely pose a greater threat to disruption of services and loss of life and property.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
The findings that are made for the local amendments to the 2022 California Fire Code shall be filed with the State of California Building Standards Commission.
Upon motion by ___________, second by _________________, and on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a special meeting of the City Council of the City of Grover Beach, California this 11th day of October 2022. ___________________________________
JEFF LEE, MAYOR
ATTEST:
______________________________
WENDI SIMS, CITY CLERK
**DRAFT**