BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk
TITLE: RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361)
______________________________________________________________________________ RECOMMENDATION:
By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021- 80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
STRATEGIC ELEMENT:
This action supports the Inclusive Governance element of the Strategic Plan.
BACKGROUND:
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19.
Thereafter, on March 17, 2020, the City Council adopted Resolution 2020-16 declaring a local emergency due to COVID-19. The same day, Governor Newsom issued Executive Order N-29- 20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety. 191
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person.
Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021.
On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders.
AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees.
On October 5, 2021, the City Council adopted Resolution No. 2021-80 under the requirements of AB 361 to continue conducting meetings remotely. AB 361 requires the City Council to make the findings every 30 days, necessitating the need for this item.
On December 15, 2021, a statewide mask mandate went into effect due to a rise in cases across the state.
On January 10, 2022, in response to the surge of COVID-19 cases, Omicron variant, City Hall closed to the public moving services to remote services.
On March 1, 2022, the statewide requirement that unvaccinated individuals mask in indoor public settings moved to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking. The San Mateo Chief Health Officer has likewise recommended the CDC’s masking guidance.
It has been announced by the Governor’s Office that the State of Emergency will expire on February 28, 2023. Therefore, the City Council will be required to return to in-person meetings starting on March 1, 2023.
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DISCUSSION:
AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following:
• The City is still under a local state of emergency
• County health orders require that all individuals in public spaces maintain social distancing and wear masks
• The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet.
Councilmembers, Commissioners, Committee Members, and staff sit well within six feet of each other. Moreover, the County’s indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying. Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult.
Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change.
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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk TITLE: 2023 CALENDAR OF CITY COUNCIL MEETINGS
______________________________________________________________________________ RECOMMENDATION:
By motion, adopt the City Council Calendar for 2023.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
STRATEGIC ELEMENT:
This action supports the Inclusive Governance Element of the Strategic Plan.
DISCUSSION:
The following parameters should be considered when determining meeting dates:
• Hold at least one meeting every month (i.e. do not cancel two meetings in a row) • Continue to hold two meetings in June due to the budget adoption process • Continue to hold two meetings in December due to the customarily high volume of agenda items in December, including the Council reorganization Staff suggests holding the meetings on the first and third Tuesdays of each month with the following exceptions:
Meeting Date Consideration
January 3, 2023 City Holiday Closure affects packet production.
July 4, 2023 This is a City holiday, and the first meeting of July has been cancelled each of the past 11 years.
August 1, 2023 Traditional time many city and civic groups go “dark” and a frequent time for family travel; however, this schedule allows for one meeting to be held in August. Additionally, National Night Out is held the first Tuesday of August, an event which the City participates in and supports.
In addition, please note that Special City Council meetings may be called, and often are during budget preparation.
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ATTACHMENT: 2023 Calendar of City Council Meetings
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CITY OF HALF MOON BAY
2023 CALENDAR OF CITY COUNCIL MEETINGS
January 2023
January 3, 2023 Cancelled
January 17, 2023 Regular Meeting
February 2023
February 7, 2023 Regular Meeting
February 21, 2023 Regular Meeting
March 2023
March 7, 2023 Regular Meeting
March 21, 2023 Regular Meeting
April 2023
April 4, 2023 Regular Meeting
April 18, 2023 Regular Meeting
May 2023
May 2, 2023 Regular Meeting
May 16, 2023 Regular Meeting
June 2023
June 6, 2023 Regular Meeting
June 20, 2023 Regular Meeting
July 2023
July 4, 2023 Cancelled
July 18, 2023 Regular Meeting
August 2023
August 1, 2023 Cancelled
August 15, 2023 Regular Meeting
September 2023
September 5, 2023 Regular Meeting
September 19, 2023 Regular Meeting
October 2023
October 3, 2023 Regular Meeting
October 17, 2023 Regular Meeting
November 2023
November 7, 2023 Regular Meeting
November 21, 2023 Regular Meeting
December 2023
December 5, 2023 Regular Meeting
December 19, 2023 Regular Meeting
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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Lisa Lopez Rossi, Administrative Services Director Kenneth Stiles, Finance Manager
TITLE: AB1600 REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED JUNE 30, 2022
______________________________________________________________________________ RECOMMENDATION:
Accept the AB 1600 Report on Development Impact Fees for fiscal year ended June 30, 2022.
FISCAL IMPACT:
There is no fiscal impact associated with this item. All development impact fees collected to date were committed or expended within five years as of June 30, 2022 and are not subject to refund.
STRATEGIC ELEMENT:
This recommendation supports the Inclusive Governance, Fiscal Sustainability and Infrastructure and Environment Elements of the Strategic Plan.
BACKGROUND:
Every year the City prepares an annual report for each fund established to account for public facilities fees, in accordance with the provisions of the State of California and Government Code Section 66006, which requires the City to make available to the public certain information regarding development impact fees for each fund within 180 days after the end of each fiscal year. The report must include the beginning and ending balances by public facility type for the fiscal year and the amount of fees, interest, other income, and expenditures for each fund.
Cities and counties often charge fees on new development to mitigate their impacts on public facilities. For example, traffic mitigation fees are used to mitigate traffic impacts by improving streets, bike lanes, and sidewalks. These fees are commonly known as development impact fees.
Assembly Bill (AB) 1600, enacted in 1987, applies to development fees established, increased, or imposed on or after January 1, 1989. AB 1600 enacts Government Code Sections 66000-66003 that generally contain four requirements:
1. A local jurisdiction must follow the process set forth in the bill and make certain determinations regarding the purpose and use of the fees and to establish a “nexus” or 197
connection between a development project or class of projects and the public improvement being financed with the fee.
2. The fee revenue must be segregated from the general fund in order to avoid commingling of public improvement fees and the general fund.
3. If a local jurisdiction has had possession of a development fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money each fiscal year after the five years has expired.
4. If a local jurisdiction cannot make the findings required under paragraph 3, then the City must go through a refund procedure.
DISCUSSION:
The storm drainage fees, traffic mitigation fees, park facility fees, sewer connection fees, and capital outlay fees that the City of Half Moon Bay collects qualify as development impact fees, and therefore, must comply with the above referenced Government Code Sections. As required by law, these fees are segregated and accounted for in funds separate from the General Fund.
The sections below provide detailed project discussion, analysis, and financial data tables by fund.
Traffic Mitigation Fees (Accounted for in Fund 112 - Traffic Mitigation Fund) Traffic mitigation fees are used to construct improvements to mitigate the City’s traffic and transportation impacts resulting from new developments occurring in Half Moon Bay. These funds are used by the City to reduce traffic congestion and to provide for traffic safety and street improvements such as signals, lighting, and signage within the city.
Analysis:
The funds generated by the traffic mitigation fees have averaged $702K annually over the last five years. These fees are highly variable from year to year ranging from a low 40K to a high 2.4M.
They will be used in connection with the Five-Year Capital Improvement (CIP) Plan. In FY 2021- 2017-18 2018-19 2019-20 2020-21 2021-22
FUND 112 Beginning Fund Balance 850,093 1,655,380 4,073,334 4,211,723 4,225,385 Revenue
Citywide Impact Fees 854,344 2,411,632 118,386 40,644 86,784 Interest & Unrealized Gains 15,197 49,125 131,541 (11,262) (94,814) Transfers In from Other Funds
Total Revenues 869,541 2,460,757 249,927 29,381 (8,030) Expense
Other Expenditures 31,481 31,475 32,055 15,720 46,944
Projects
Hwy 1/Kelly Avenue Intersection Improvements
(0571) 32,773 11,328 79,483 - -
Transfers Out to Other Funds - -
Total Expenditures 64,254 42,803 111,538 15,720 46,944
FUND 112 Ending Fund Balance 1,655,380 4,073,334 4,211,723 4,225,385 4,170,410 198
22, the funds were only used for the annual gas tax assessment. These funds remain available for future applicable expenditures.
Storm Drain Fees (Accounted for in Fund 152 – Storm Drain Improvements) Storm Drain Improvement fees are assessed against new or remodeled construction projects and are used for drainage improvements.
Analysis:
The funds generated from the storm drain fees have averaged $7K annually over the last five years. They are used to fund various capital improvement projects for drainage improvements as outlined in the Five-Year Capital Improvement Plan. Impact fees were utilized to implement annual stormwater management and rehabilitate the existing stormwater outfall at the end of Pilarcitos Avenue just south of Kehoe Avenue (Capital Improvement Plan # 1005). 2017-18 2018-19 2019-20 2020-21 2021-22
FUND 152 Beginning Fund Balance 836,220 1,292,064 1,534,533 953,705 1,064,233 Revenue
Citywide Impact Fees 6,643 5,134 11,175 4,245 8,077
Grants
Interest & Unrealized Gains 5,472 33,098 35,124 (3,599) (23,209) Transfers In from Other Funds 535,000 292,495 150,000 155,000 20,000 Total Revenues 547,115 330,727 196,299 155,646 4,869
Expense
Other Expenditures 20,617 76,736 37,980 41,203 40,300
Projects
Storm Drain Master Plan - Phase 2 (0563) 42,495 9,230 3,827 Seymour Ditch Erosion Project (0592) 25,000 3,527
Kehoe Water Course Enhancement (534) 5,622
Kelly / Hwy 1 Drainage (9003) 577,587
Kehoe/Pilarcitos Outfall Repair (1005) 3,614 36,471
Transfers Out to Other Funds 3,161 2,292 152,412 301 3,382 Total Expenditures 91,273 88,258 777,127 45,117 83,980
FUND 152 Ending Fund Balance 1,292,064 1,534,533 953,705 1,064,233 985,121 199
Park Fees (Accounted for in Fund 125 - Park Development Fund) The City uses new development fees to fund the acquisition, development, and capital improvement of the City’s parks, recreation areas, and bicycle trails. Every subdivider is required to dedicate a portion of land, or pay a fee in lieu, for the purpose of providing park and/or recreational space/facilities.
Analysis:
The park in-lieu funds generated by development impact fees have averaged $192.5K annually over the last five years. These funds are used for parks, trails and recreational improvements, as outlined in the Five-Year Capital Improvement Plan. These funds were expended for various capital projects such as Carter Park, Parks Master Plan, Poplar Beach Gateways and Poplar Street Parallel Path.
2017-18 2018-19 2019-20 2020-21 2021-22
FUND 125 Beginning Fund Balance 1,014,840 1,514,105 2,775,042 2,481,290 2,711,012 Revenue
Citywide Impact Fees 122,282 289,261 186,441 263,654 101,330 Grants 5,000 8,415 98,234
Miscellaneous 5,000 5,000 -
Interest & Unrealized Gains 12,886 48,949 100,978 (13,934) (65,655) Reimbursement - Non Govt 479,055
Transfers In from Other Funds 541,324 804,000 1,433,078 222,000 1,385,000 Total Revenues 681,493 1,626,265 1,725,497 480,135 1,518,910 Expense
Other Expenditures 18,181 24,767 26,830 17,019
Projects
Seymour Bridge Replacement (0542) 3,032
Carter Park Access Study (0551) 1,286
Pilarcitos Trail Bridge Replacement (0561) 5,802 2,157
Coastal Trail Erosion (0574) 1,988
Bike and Ped Trail Master Plan (0580) 75,911 38,317 10,392 Parks Master Plan (0583) 66,764 74,295
Rehab of Poplar Pedbike Path (0596) 8,647 138,837 23,217 Vertical Access at Poplar Beach (0597) 4,943 152,000 1,230 Parks Master Plan Implementation Program (0609) 456 1,691 43,072 243,038 Ocean View Park - Restrooms and Site Improvements (0610) 29,778 619,745 1,703 Carter Park Improvements (0611) 31,597 382,687 73,684 116,874 Poplar Beach Gateways Plan (0617) 882 41,508 39,338 138,168 Coastal Bluff Preservation (0618) 18,782 14,865
Bike and Ped Master Plan (0615) 2,405
Bikeway Connectivity Project ‐ North (619) 80,716 21,766 107,624 Stair Repair At Cañada Verde Creek (9007) 32,400
Poplar Street Parallel Path (1003) 36,177 215,551
Equestrian Beach Access (1004) 16,424
Magnolia/Seymour Park (1007) 13,135
Transfers Out (790) 617 517 630,794 200,000
Total Expenditures 182,228 365,328 2,019,249 250,413 1,034,390 FUND 125 Ending Fund Balance 1,514,105 2,775,042 2,481,290 2,711,012 3,195,532 200
Sewer Connection Fees (Accounted for in Fund 202 - Sewer Capital Fund) The sewer connection fees are used to fund the future sewer system capital improvements of the City’s sanitary sewer capacity network that include testing, evaluation, maintenance, and repairs.
Analysis:
The development impact revenues received from the sewer connection fees have averaged $95K annually over the last five years. These funds are used in connection with the Five-Year Capital Improvement (CIP) Plan. These funds were primarily used for the Ocean Colony Pump Station project.
2017-18 2018-19 2019-20 2020-21 2021-22
FUND 202 Beginning Cash Balance 13,534,684 14,298,032 14,044,656 11,865,820 9,109,806 Revenue
Citywide Impact Fees 116,068 39,223 114,957 45,324 159,888 Grants
Other Revenue 3,915
Interest 181,730 324,993 364,576 (46,311) 63,072
Sewer Usage Fees 1,700,000 51,259 35,759 -
Total Revenues 1,997,798 419,390 515,293 (987) 222,960
Expense
Other Expenses (686) (130) 3,590 3,769
Projects
Routine Sewer Maintenance (0506) 36,521 22,484 368,132 27,334 Ocean Colony Pump Station (0507) 78,661 149,550 51,493 11,136 143,630 Sewer Service Rate Study (0515) 35,138 440 1,394
Seymour Ditch Erosion Assessment (0592) 595,317 14,039
Sewer System Modeling/Mapping (0557) 169,997 139,050 16,475 Sewer Master Plan and Management (0557 / 9024) 168,135 17,342 26,489 Ocean Colony Pump Station (9025) 4,430 1,056,973 1,307,707 Manhole Rehabilitation Program (9026) 40,445 85,953 7,345 Inflow and Infiltration Program (9028) 62,799 90,652 66,475 Transfers Out to Other Funds 321,365 316,386 2,022,796 1,445,394 1,839,948 Total Expenditures 1,234,451 672,766 2,694,129 2,755,027 3,391,594 FUND 202 Ending Cash Balance 1
14,298,032 14,044,656 11,865,819 9,109,806 5,941,171
(1) Beginning in FY 2020-21, the ending cash balance represents the cash balances without unrealized gains and losses, as these amounts are not readily accessible
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Capital Outlay Fees (Accounted for in Fund 301 - Vehicle Fund) Capital outlay fees provide funds to meet an increased need for capital items (such as buildings, land, vehicles and equipment) to serve the increasing population of the city.
Analysis:
Over the last five years, the capital outlay development impact fees have generated revenues averaging $12K annually. Historically these funds have been used towards the purchase of vehicles to support the City’s maintenance department staff.
NOTICING REQUIREMENTS:
Government Code Section 66006(b)(2) requires the report to be included on the City Council meeting agenda at a public meeting not less than 15 days after the information was made available. Staff posted a Notice at the established City posting location at City Hall on December 5, 2022, indicating that the draft report was available at the City Hall Annex. In addition, the Government Code requires that the notice of the meeting, at least 15 days prior to the meeting, to any interested party who files a written request with the City for mailed notice of the meeting.
No such requests have been made to the City.
SUMMARY:
Annual tracking of the fund activities and preparation of the compliance report are required per the California Government Code. Failure to report on activity and account balances per the applicable regulations could warrant challenges to the collection of the related fees in the future or repayment of previously collected fees. By bringing this report forward today, staff fulfills the legal obligations and compliance requirements, and provides the community with information on the status and use of fees collected under the Mitigation Fee Act (Government Code Sections 66000 et seq.), commonly called Impact Fees. Final numbers may vary slightly pending the completion of the Annual Comprehensive Financial Report. 2017-18 2018-19 2019-20 2020-21 2021-22
FUND 301 Beginning Net Position 696,505 666,749 467,190 338,770 262,082 Revenue
Capital Impact/Development Fees 16,503 5,410 17,091 8,483 12,075 Interest 6,000 9,744 6,993 (706) (4,512)
Sale of Property
Transfers In from Other Funds 11,015 - - - 204,568
Total Revenues 33,518 15,154 24,084 7,777 212,131
Expense
Other Expenditures 36,038 31,256 125,937 31,921 25,273
Capitalize Equipment Operating
Vehicle Replacement 122,635 29,186 17,526
Depreciation 27,236 60,822 26,567 23,357 27,288
Transfers Out to Other Funds
Total Expenditures 63,274 214,713 152,504 84,465 70,087 FUND 301 Ending Net Position 666,749 467,190 338,770 262,082 404,126 202
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
From: Lisa Lopez, Administrative Services Director
TITLE: WARRANTS FOR THE MONTH OF NOVEMBER 2022
______________________________________________________________________________ RECOMMENDATION:
Accept the warrants list for the month of November 2022.
STRATEGIC ELEMENT:
This recommendation supports the Fiscal Sustainability and Inclusive Governance Element.
DISCUSSION:
During this month, we processed 6 check runs. The first was on November 3, totaling $581,301.18. The second was on November 4, totaling $31,444.92. The third was on November 9, totaling $71,254.86. The fourth was on November 17, totaling $545,009.18. The fifth was on November 22, totaling $567,940.26. The sixth was on November 30, totaling $193,204.83. The total for the month was $1,990,155.23.
The City processed payments related to 14 capital improvement projects, in a total amount of $1,073,577.97. These projects include: Infiltration & Inflow Reduction, Street Resurfacing, HWY1 Safety/Congestion, Citywide Sidewalk Assessment, Drainage Master Plan, Poplar Complete Street Project, Carter Park Improvement, Climate Action and Adaption, Kehoe/Pilarcitos Outfall Repair, Roosevelt Ditch Repairs, Main Street Safety Improvement, Frenchman’s Creek Park Improvements, Coastal Trail Overall, Corp Yard Improvements.
Staff is also including a list of all payments above $30,000 processed during this reporting period, as listed in the table below.
ATTACHMENTS:
Check Disbursement List by Check Date
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City of Half Moon Bay Check Register - Summary HMB Page: 1 Check Issue Dates: 11/1/2022 - 11/30/2022 Dec 08, 2022 11:22AM Report Criteria:
Report type: SummaryCheck.Type = "Calculated","Manual"
Check Number Vendor Number Payee Check Issue Date Amount Description 51821 4270 4LEAF INC. 11/03/2022 28,029.62 AUG'22, PUBLIC WORKS INSPECTION SERVICES51822 1244 AAA FIRE PROTECTION SERVICES 11/03/2022 1,133.44 MAINT SERVICE51823 5493 ALENA JEAN 11/03/2022 982.03 FLOWERS51824 3332 AMERICAN PORTABLES 11/03/2022 2,771.93 OCT'22, FY22/23 PORTABLE RESTROOMS51825 2407 ARAMARK 11/03/2022 521.38 MAINT SERVICE51826 444 ASSOCIATION OF BAY AREA GOVERNMENTS 11/03/2022 3,912.00 FY22/23 ABAG MEMBERSHIP DUES51827 5195 BARTERRA WINERY 11/03/2022 4,000.00 TFCA PARKLET REIMBURSEMENT51828 4098 BIG WAVE GROUP 11/03/2022 100.00 DEPOSIT REFUND 04/02/22 OAK ROOM51829 5223 CAPITAL ONE TRADE CREDIT 11/03/2022 3,027.80 MAINT SUPPLIES51830 483 CITY OF BRISBANE 11/03/2022 575.00 SMCO TRAINING CONSORTIUM, FY22/23 MEMBERSHIP DUES51831 197 COASTSIDE PRINTERS 11/03/2022 2,143.75 NO PARKING SIGNS51832 2861 CODE PUBLISHING COMPANY 11/03/2022 341.00 MUNICIPAL CODE WEB UPDATE51833 3673 EL CENTRO DE LIBERTAD 11/03/2022 34,720.58 SEP'22, CARES PROGRAM51834 4398 ELS ARCHITECTURE & URBAN DESIGN 11/03/2022 1,564.84 SEP'22, CARTER PARK IMPROVEMENTS51835 5377 FATTORIA E MARE 11/03/2022 4,000.00 TFCA PARKLET REIMBURSEMENT51836 76 HALF MOON BAY BUILDING & GARDEN 11/03/2022 188.13 MAINT SUPPLIES51837 2564 HALF MOON BAY GRADING & PAVING INC. 11/03/2022 443,674.12 SEP'22, CORP YARD MANHOLES51838 1853 HDL SOFTWARE LLC 11/03/2022 7,086.53 TOT AND BUSINESS LICENSE MANAGEMENT51839 2444 HOME DEPOT CREDIT SERVICES 11/03/2022 6.88 MAINT SUPPLIES51840 5492 JUAN ENRIQUE MORENO RUIZ 11/03/2022 733.50 RESERVATION REFUND 11/12/22 DEPOT ROOM51841 4207 KAREN DECKER 11/03/2022 111.60 MILEAGE REIMBURSEMENT51842 291 LAURIE BECKER 11/03/2022 684.60 INSTRUCTOR PAYMENT ZUMBA 10 PUNCH PASS51843 3746 MALCOLM C SMITH 11/03/2022 742.50 OCT'22, COMMUNICATION CONSULTANT51844 1206 MARK THOMAS & CO. INC. 11/03/2022 24,253.37 SEP'22, HWY1 NORTH SAFETY & OPERATIONAL IMPROVEMEN51845 3250 M-GROUP 11/03/2022 10,340.00 JUL'22, FY21/22 GIS/GRAPHIC SUPPORT51846 457 OFFICE DEPOT INC. 11/03/2022 180.96 FINANCE OFFICE SUPPLIES51847 3479 PARKEON INC 11/03/2022 192.50 MAINT SERVICE51848 5020 QUADIENT FINANCE USA, INC 11/03/2022 389.00 POSTAGE51849 5020 QUADIENT LEASING USA, INC. 11/03/2022 75.38 LEASE PAYMENT51850 252 RICE TRUCKING-SOIL FARM INC. 11/03/2022 218.75 MAINT SUPPLIES51851 1760 STEPFORD 11/03/2022 3,635.00 880 STONE PINE51852 5494 TAREK ELSADANY 11/03/2022 500.00 DEPOSIT REFUND 04/08/22 TRAIN DEPOT51853 1497 TURBO DATA SYSTEMS 11/03/2022 464.99 CITATION PROCESSING51854 3538 ATLANTIC RADIO TELEPHONE INC 11/09/2022 710.74 IRIDIUM ANNUAL SUBSCRIPTION51855 4464 AVENU 11/09/2022 500.00 STARS Q2 202251856 4193 CASELLE INC. 11/09/2022 3,620.00 ERP CONTRACT SUPPORT & MAINTENANCE M = Manual Check, V = Void Check
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City of Half Moon Bay Check Register - Summary HMB Page: 2 Check Issue Dates: 11/1/2022 - 11/30/2022 Dec 08, 2022 11:22AM Check Number Vendor Number Payee Check Issue Date Amount Description 51857 3643 CORODATA RECORDS MANAGEMENT INC 11/09/2022 326.87 RECORDS MANAGEMENT51858 5496 EMILIA L. CASSERLY 11/09/2022 1,000.00 SATURDAY WITH SANTA51859 5491 MARGARET GOSSETT 11/09/2022 329.32 10/07/22 GAS MILEAGE/86 MILES CEQA TRAINING51860 5495 MARIA MATEO 11/09/2022 500.00 DEPOSIT REFUND 06/10/23 DEPOT ROOM51861 457 OFFICE DEPOT INC. 11/09/2022 106.43 OFFICE SUPPLIES51862 4472 ON POINT LANGUAGE SOLUTIONS LLC 11/09/2022 1,525.00 TRANSLATION SERVICES51863 5497 SEMPER SOLARIS 11/09/2022 179.90 BUILDING PERMIT REFUND/B2022-0024651864 3085 SHUTE MIHALY & WEINBERGER LLP 11/09/2022 57,385.55 GENERAL MATTERS51865 1423 THE GRAPHIC WORKS 11/09/2022 71.05 PRINTING SERVICE51866 3955 TOWNSEND PUBLIC AFFAIRS 11/09/2022 5,000.00 TOWNSEND PUBLIC AFFAIRS51868 4270 4LEAF INC. 11/17/2022 8,804.76 OCT'22, ON-CALL SERVICES51869 2407 ARAMARK 11/17/2022 521.38 MAINT SERVICE51870 444 ASSOCIATION OF BAY AREA GOVERNMENTS 11/17/2022 696.54 TRUE-UP ALLOCATION51871 4300 AT&T 11/17/2022 2,197.33 PHONE SERVICE51872 266 BAGG ENGINEERS 11/17/2022 6,620.00 OCT'22, GEOTECHNICAL INSPECTION SERVICES FOR CORP Y51873 5168 BLEYLE ELEVATOR, INC 11/17/2022 190.00 MAINT SERVICE51874 5229 CAPITOL ENQUIRY 11/17/2022 379.47 CITY CLERK SUPPIES51875 3976 CIRCLEPOINT 11/17/2022 1,875.00 OCT'22, COMPLETE HYATT HOTEL ENVIRONMENTAL IMPACT R51876 1925 CITY OF BURLINGAME 11/17/2022 4,920.67 AUG'22 SMCO BID51877 51 COASTSIDE COUNTY WATER DISTRICT 11/17/2022 8,351.82 LIFT STATION FAIRWAY51878 217 COUNTY OF SAN MATEO INFORMATION SVCS DE 11/17/2022 82.25 MICROWAVE SERVICE 51879 3446 FLYERS ENERGY, LLC 11/17/2022 2,720.80 VEHICLE FUEL51880 3127 FREYER & LAURETA INC. 11/17/2022 4,312.50 OCT'22, FRENCHMAN'S CREEK PARK PHASE 251881 2668 GAYTON ARRIGOTTI 11/17/2022 462.00 INSTRUCTOR PAYMENT 11/05/22 JEWELRY WORKSHOP51882 4633 GRANICUS 11/17/2022 1,490.33 GRANICUS SERVICE51883 3782 GRIFFIN STRUCTURES INC. 11/17/2022 423.36 OCT'22, CARTER PARK RENOVATION PROJECT 51884 76 HALF MOON BAY BUILDING & GARDEN 11/17/2022 20.76 MAINT SUPPLIES51885 89 HALF MOON BAY COASTSIDE CHAMBER OF COM 11/17/2022 21,191.00 AUG'22 OOC BID 51886 3429 HUE & CRY 11/17/2022 741.62 SECURITY SERVICE51887 4267 IMPEC GROUP INC. 11/17/2022 17,356.00 OCT'22, FY22/23 JANITORIAL SERVICES51888 96 JAMES FORD INC. 11/17/2022 3,685.72 VEHICLE SERVICE 51889 4642 MARIK ENTERPRISES, LLC 11/17/2022 260.00 PRE-EMPLOYMENT REPORT51890 1206 MARK THOMAS & CO. INC. 11/17/2022 7,304.13 SEP'22, FY22/23 SEWER SYSTEM MAINTENANCE SERVICES51891 5371 MOQUIN PRESS, INC 11/17/2022 1,128.50 COASTSIDE RECOVERY BOOKLET51892 3479 PARKEON INC 11/17/2022 42.00 MAINT SERVICE51893 3951 PUBLIC PARKING ASSOCIATES INC 11/17/2022 317.00 MAINT SERVICE51894 5020 QUADIENT FINANCE USA, INC 11/17/2022 12.18 POSTAGE51895 5403 ROBERT HALF 11/17/2022 538.89 TEMP EMPLOYEE LABATE/WEEK ENDING 11/11/2251896 1484 SANDIE ARNOTT 11/17/2022 5,001.88 FY22/23 SAN MATEO COUNTY PROPERTY TAX51897 129 SERVICE PRESS INC. 11/17/2022 129.48 BUSINESS CARDS M = Manual Check, V = Void Check
206
City of Half Moon Bay Check Register - Summary HMB Page: 3 Check Issue Dates: 11/1/2022 - 11/30/2022 Dec 08, 2022 11:22AM Check Number Vendor Number Payee Check Issue Date Amount Description 51898 159 SEWER AUTHORITY MID-COASTSIDE 11/17/2022 427,146.00 NOV'22, FY22/23 SEWER COLLECTIONS51899 5498 SKYKIT LLC 11/17/2022 384.00 SKYKIT BEAM51900 3101 STERICYCLE, INC 11/17/2022 196.92 RECORDS MANAGEMENT51901 5301 SUBURBAN PROPANE LP 11/17/2022 616.26 PROPANE51902 3519 SWCA INCORPORATED 11/17/2022 4,679.01 OCT'22, ANNUAL DITCH MAINTENANCE51903 5499 TANIA REYES 11/17/2022 500.00 DEPOSIT REFUND 11/06/22 DEPOT ROOM51904 4487 THE HOME DEPOT PRO 11/17/2022 1,086.40 MAINT SUPPLIES51905 4429 WESTERN EXTERMINATOR COMPANY 11/17/2022 1,207.42 OCT'22, FY22/23 EXTERMINATOR SERVICES51906 5190 Wood Consulting Services 11/17/2022 7,415.80 OCT'22, ECONOMIC RECOVERY51907 2407 ARAMARK 11/22/2022 260.69 MAINT SERVICE51908 4464 AVENU 11/22/2022 375.01 SUTA Q2 202251909 4115 BIG BELLY SOLAR INC 11/22/2022 1,271.01 NOV'22, SMART TRASH RECEPTACLES51910 481 BIG CREEK LUMBER 11/22/2022 284.19 MAINT SUPPLIES51911 3975 COLANTUONO HIGHSMITH WHATLEY PC 11/22/2022 371.50 LEGAL SERVICES -SAM51912 5318 COLUMN SOFTWARE, PBC 11/22/2022 412.50 PUBLIC NOTICE51913 2941 CSG CONSULTANTS INC. 11/22/2022 5,662.50 OCT'22, NPDES STORMWATER SERVICES51914 5500 ELIZABETH ZACHRY 11/22/2022 200.00 DEPOSIT REFUND 11/20/22 MANZANITA ROOM51915 3127 FREYER & LAURETA INC. 11/22/2022 6,008.75 JUL'22, MAIN STREET TRAFFIC SAFETY51916 70 GRAINGER 11/22/2022 681.08 MAINT SUPPLIES51917 76 HALF MOON BAY BUILDING & GARDEN 11/22/2022 167.76 MAINT SUPPLIES51918 2564 HALF MOON BAY GRADING & PAVING INC. 11/22/2022 463,296.97 RETENTION, CORP YARD IMPROVEMENTS PROJECT51919 82 HALF MOON BAY REVIEW 11/22/2022 640.00 SANTA HMB LIBRARY51920 5444 JOYA CUNHA 11/22/2022 2,000.00 DEC'22, TEMPORARY CONSTRUCTION EASEMENT51921 1283 KATHY OLER 11/22/2022 2,161.82 DEC'22, TEMPORARY CITY PARKING LOT RENTAL51922 4028 LORAL LANDSCAPING INC. 11/22/2022 12,000.00 NOV'22, FY22/23 MEDIAN MAINTENANCE51923 2014 MOORE IACOFANO GOLTSMAN INC. 11/22/2022 1,520.00 SEP'22, SUSTAINABILITY-CAAP51924 137 PG&E 11/22/2022 8,531.60 NW HWY1 & MAIN ST51925 141 PHIL'S TIRE & AUTO CARE 11/22/2022 177.39 VEHICLE REPAIR51926 3370 PRESIDIO SYSTEMS INC. 11/22/2022 13,500.00 MAINT SERVICE51927 252 RICE TRUCKING-SOIL FARM INC. 11/22/2022 32.81 MAINT SUPPLIES51928 3131 ROBERT W. SMITH 11/22/2022 340.90 INSTRUCTOR PAYMENT- CCO 10/19/22-11/16/2251929 2797 SAN MATEO DAILY JOURNAL 11/22/2022 900.00 ADVERTISING SERVICE51930 3757 SCHAAF & WHEELER 11/22/2022 20,300.28 OCT'22, PILARCITOS AVENUE/KEHOE WATERCOURSE OUTFAL51931 3922 SCOTT MCVICKER 11/22/2022 3,360.00 DEC'22 ANNEX RENT51932 5501 SEAN HANDEL 11/22/2022 100.00 DEPOSIT REFUND 11/15/22 LIBRARY COMMUNITY ROOM51933 159 SEWER AUTHORITY MID-COASTSIDE 11/22/2022 150.00 SEWER AUTHORITY MID-COASTSIDE OPERATIONS AND MAINT51934 1760 STEPFORD 11/22/2022 8,123.72 SOPHOS FIREWALL SG23051935 3519 SWCA INCORPORATED 11/22/2022 12,667.14 ROOSEVELT DITCH BRE PROJECT51936 81 U.S. POSTMASTER 11/22/2022 1,694.80 REC GUIDE POSTAGE51937 407 UNITED RENTALS NORTHWEST INC. 11/22/2022 747.84 MAINT SERVICE M = Manual Check, V = Void Check
207
City of Half Moon Bay Check Register - Summary HMB Page: 4 Check Issue Dates: 11/1/2022 - 11/30/2022 Dec 08, 2022 11:22AM Check Number Vendor Number Payee Check Issue Date Amount Description 51938 4211 ABUNDANT GRACE COASTSIDE WORKER 11/30/2022 38,146.48 09/01/22-10/31/22 COASTAL CLEAN UP51939 3926 ALTA LANGUAGE SERVICES INC. 11/30/2022 121.00 BILINGUAL TESTING51940 3332 AMERICAN PORTABLES 11/30/2022 2,771.93 NOV'22, FY22/23 PORTABLE RESTROOMS51941 2912 BARTEL ASSOCIATES LLC 11/30/2022 2,588.00 SEP'22-OCT'22, OPEB ACTUARIAL VALUATION51942 481 BIG CREEK LUMBER 11/30/2022 52.93 MAINT SUPPLIES51943 5223 CAPITAL ONE TRADE CREDIT 11/30/2022 3,406.61 MAINT SUPPLIES51944 5318 COLUMN SOFTWARE, PBC 11/30/2022 808.50 PDP-22-04251945 4484 CSW/STUBER-STROEH ENGINEERING GROUP INC 11/30/2022 1,422.50 OCT'22, POPLAR STREET TRAFFIC CALMING AND SAFETY PRO 51946 3673 EL CENTRO DE LIBERTAD 11/30/2022 35,471.37 OCT'22, CARES PROGRAM51947 4398 ELS ARCHITECTURE & URBAN DESIGN 11/30/2022 11,493.00 OCT'22, CITY HALL RELOCATION STUDY51948 4363 HADRONEX INC. 11/30/2022 18,369.00 11/01/22-10/31/24 SANITARY SEWER MONITORING SERVICES 51949 76 HALF MOON BAY BUILDING & GARDEN 11/30/2022 28.11 MAINT SUPPLIES51950 1853 HDL SOFTWARE LLC 11/30/2022 4,355.34 TOT AND BUSINESS LICENSE MANAGEMENT51951 3429 HUE & CRY 11/30/2022 24.00 SECURITY SERVICE51952 4619 JULISSA ACOSTA 11/30/2022 241.21 MMANC/CREDENTIAL FEE51953 4293 LOCKWORKS UNLIMINTED INC 11/30/2022 188.34 MAINT SERVICE51954 5331 MAKE IT MAIN STREET 11/30/2022 7,450.00 2022 MAKE IT MAIN STREET EVENT51955 3069 MANAGED HEALTH NETWORK 11/30/2022 304.00 EAP51956 5503 MIKE GERONIMO 11/30/2022 598.50 RESERVATION REFUND 11/26/22 DEPOT ROOM51957 3934 MITEL 11/30/2022 2,905.15 SHERIFF SUBSTATION PHONE SERVICE51958 4489 MTA PARTS INC. 11/30/2022 261.25 VEHICLE PARTS51959 3641 NEIGHBORHOOD RADIO 11/30/2022 165.00 ADVERTISING SERVICE51960 3726 NICHOLAS TRANSLATIONS & INTERPRETATIONS 11/30/2022 998.00 TRANSLATION SERVICES51961 352 OCEAN COLONY PARTNERS LLC 11/30/2022 30,833.33 COASTAL TRAIL PATH MAINTENANCE51962 3479 PARKEON INC 11/30/2022 56.00 MAINT SERVICE51963 4612 PHILS TIRE & AUTO CARE INC 11/30/2022 45.00 VEHICLE SERIVCE51964 5403 ROBERT HALF 11/30/2022 12,367.42 TEMP EMPLOYEE J. RAMIREZ/WEEK ENDING 11/18/2251965 5504 ROBERT SWEETOW 11/30/2022 50.00 ALARM PERMIT APPLICATION REFUND51966 1392 SAN MATEO RESOURCE CONSERVATION DISTRIC 11/30/2022 63.57 CONSERVATION PROJECT MANAGER 51967 1760 STEPFORD 11/30/2022 15,115.00 FY22/23 IT SERVICES51968 3519 SWCA INCORPORATED 11/30/2022 1,259.50 FRENCHMAN'S RIPARIAN MAPPING51969 4487 THE HOME DEPOT PRO 11/30/2022 939.91 MAINT SUPPLIES51970 3004 VERIZON WIRELESS 11/30/2022 304.88 MOBILE SERVICES51971 3923 WELLS FARGO 11/04/2022 31,444.92 11/04/22 RECONCILING CREDITS FROM NEXT STATEMENT M Grand Totals:
150 1,990,155.23
M = Manual Check, V = Void Check
208
City of Half Moon Bay Check Register - Summary HMB Page: 5 Check Issue Dates: 11/1/2022 - 11/30/2022 Dec 08, 2022 11:22AM Report Criteria:
Report type: SummaryCheck.Type = "Calculated","Manual"
M = Manual Check, V = Void Check
209
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: John Doughty, Interim Assistant City Manager
Jill Ekas, Community Development Director
TITLE: CONSOLIDATED COASTAL DEVELOPMENT PERMIT--CALIFORNIA BROADBAND
MIDDLE MILE NETWORK PROJECT
______________________________________________________________________________ RECOMMENDATION:
Adopt a resolution authorizing the City Manager to submit a letter to the California Coastal Commission in support of a consolidated Coastal Development Permit (CDP) application for the Broadband Middle Mile Network (BMMN) project and further authorizing the California Coastal Commission assume the lead agency role.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
STRATEGIC ELEMENT:
The requested action supports the Infrastructure and Environment and Healthy Communities and Public Safety Elements of the Strategic Plan.
BACKGROUND:
The Broadband Middle Mile Network (BMMN) project is an effort involving the installation of 10,000 miles of broadband infrastructure throughout the State of California to make high-speed internet service more broadly available in California, particularly in unserved and underserved areas. All broadband infrastructure will be placed within the State Highway System right-of-way owned and operated by Caltrans. This project is proposed to be located within a portion of Highway 1 (City limit southerly to Highway 92) and then extend easterly on Highway 92 to the City limit.
The project is supported by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026. 210
Approximately 900 miles of the network will occur within the coastal zone, and approximately
6.3 miles are proposed to be installed withing the City limits. The infrastructure will include fiber optic conduit and cable, hub shelters, vaults, and markers. Caltrans is responsible for the planning, permitting, and construction of the project, including each Caltrans District obtaining CDPs for the portions of the project within the coastal zone pursuant to the Coastal Act and Local Coastal Programs (LCPs). Caltrans District 4 intends to organize the CDP applications such that one permit could cover all the coastal zone geographic area within District 4.
DISCUSSION:
Coastal Commission staff have reached out on behalf of California Department of Transportation (Caltrans) to request the City’s support and authorization of a consolidated coastal development permit (CDP) for the Broadband Middle Mile Network (BMMN) project.
Section 30601.3 of the Coastal Act allows for a consolidated CDP process in cases where projects cross the Commission’s permitting jurisdiction and the jurisdiction of a local government with a certified LCP, such as is the case here since the Commission retains permitting jurisdiction in multiple areas within Caltrans District 4. A consolidated CDP will assist Caltrans in meeting their highly compressed project timeline while reducing the burden on local governments and ensuring a smoother, more consistent approach to reviewing this project for compliance with the Coastal Act. Each local jurisdiction’s certified LCP would also serve as guidance during such a consolidated CDP review, and Commission staff have informed us that they are committed to ensuring that this project is consistent with both Coastal Act and the City’s certified LCP policies.
Caltrans has provided a map (link: BMMN Web Map Link) that shows the coastal zone boundary in blue, the coastal zone portions of the BMMN project alignment in red, and LCP jurisdictions in purple. The map does not show where hub shelters are proposed as Caltrans is still finalizing their locations, but in general, hub shelters will be placed approximately every 50 miles along the BMMN alignment. Coastal Commission staff have committed to continue to work with City staff to clarify the project details within City limits.
It is the Commission’s intent to combine the consolidated CDPs for all local jurisdictions intersected by the BMMN project within District 4’s coastal zone into one master CDP. To meet the project’s ambitious schedule, the Commission is requesting a response from local jurisdictions regarding permit consolidation no later than December 23, 2022. Note that the City was notified about the intent for permit consolidation on November 28, 2022.
Staff is recommending authorization of the Consolidated Coastal Development Permit. Staff will continue to monitor work and to ensure the interests of the Half Moon Bay community and LCP conformance are considered moving forward. During the permitting process, staff will provide the community and City Council periodic updates and clarify how this broadband infrastructure will support the community.
ATTACHMENT:
Resolution
211
RESOLUTION NO. C-2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
SUPPORTING A CONSOLIDATED COASTAL DEVELOPMENT PERMIT AND AUTHORIZING THE
CALIFORNIA COASTAL COMMISSION TO BE THE LEAD AGENCY FOR THE CONSOLIDATED
COASTAL DEVELOPMENT PERMIT APPLICATION FOR THE CALIFORNIA BROADBAND MIDDLE MILE NETWORK PROJECT PROPOSED BY CALTRANS DISTRICT 4
WHEREAS, the Broadband Middle Mile Network (BMMN) project involves installation of 10,000 miles of broadband infrastructure throughout the entire state to make high-speed internet service broadly available throughout California, particularly in unserved and underserved areas.
WHEREAS, the project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026.
WHEREAS, the project will be located with Caltrans right-of-way of which 6.3 miles is located within City limits; and
WHEREAS, the Caltrans District 4 and the California Coastal Commission have determined that the most expeditious means of permitting in the Coastal Zone of District 4 would be through a consolidated coastal development process; and
WHEREAS, the California Coastal Commission is requesting authority from the City, and all other local coastal agencies within District 4, to support a consolidated permit process and to delegate review authority to the Commission; and
WHEREAS, the California Coastal Commission has the experience and expertise necessary to review the proposed activities and has committed to ensuring the project is consistent with the City’s certified Local Coastal Program.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to submit a letter requesting and supporting a consolidated Coastal Development Permit for the California Middle Mile Network Project and further affirming that the California Coastal Commission assume lead agency status. 212
***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 20th day of December 2022 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Debbie Ruddock, Mayor
213
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk TITLE: ORDINANCE ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE – SECOND READING
______________________________________________________________________________ RECOMMENDATION:
1. Waive second reading and adopt an ordinance repealing and replacing Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code, with local amendments, and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and
2. Adopt a resolution establishing the “Need for Local Modifications to the California Building Standards Code” and ratifying the Coastside Fire Protection District’s Ordinance No. 2022-03.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this ordinance.
STRATEGIC ELEMENT:
This action supports the Inclusive Governance Elements of the Strategic Plan.
DISCUSSION:
On December 6, 2022, the City Council introduced the ordinance following the conduct of a duly-noticed public hearing. As required by law, the ordinance appears for second reading and adoption at a regular meeting more than five days past introduction.
ATTACHMENTS:
1. Ordinance repealing and replacing Chapter 14.04
2. Resolution establishing the “Need for Local Modifications to the California Building Standards Code”
214
ORDINANCE NO. C-2022-XX
AN ORDINANCE OF THE CITY OF HALF MOON BAY REPEALING AND REPLACING THE EXISTING CHAPTER 14.04, BUILDING STANDARDS, OF THE HALF MOON BAY MUNICIPAL CODE, TO ADOPT BY REFERENCE: 2022 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, TITLE 24 PART 2; 2022 CALIFORNIA RESIDENTIAL CODE, TITLE 24 PART 2.5; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, TITLE 24 PART 11; 2019 2022 CALIFORNIA FIRE CODE TITLE 24 PART 9; 2022 CALIFORNIA PLUMBING CODE, TITLE 24 PART 5; 2022 CALIFORNIA MECHANICAL CODE, TITLE 24 PART 4; 2022 CALIFORNIA ELECTRICAL CODE, TITLE 24 PART 3; 2022 CALIFORNIA ENERGY CODE, TITLE 24 PART 6; 2022 CALIFORNIA ADMINISTRATIVE CODE, TITLE 24 PART 1; 2022 CALIFORNIA REFERENCED STANDARDS CODE TITLE 24 PART 12; AND THE 1997 UNIFORM ABATEMENT OF DANGEROUS BUILDINGS CODE, WITH MODIFICATIONS FOR LOCAL CONDITIONS.
The City Council of the City of Half Moon Bay does ordain as follows:
Section 1: Findings. The City Council of the City of Half Moon Bay finds and declares as follows:
(a) Health and Safety Code Section 18941.5, with reference to Section 17958.7, allows for more restrictive local amendments to the current California Building Standards Code (“Building Codes”) that are reasonably necessary because of local climatic, geological, or topographical conditions.
(b) The Half Moon Bay City Council expressly declares that these proposed amendments to the Building Codes are reasonably necessary because of local climatic, topographical, and geological conditions pursuant to Government Code Sections 18941.5 and 17958.5, and the City Council hereby adopts the findings of reasonable necessity as set forth in the Resolution accompanying this ordinance.
(c) Express findings that these modifications to the Building Codes are reasonably necessary are hereby made and will be filed with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7 before this ordinance takes effect.
Section 2: Municipal Code Amendments. Chapter 14.04, Building Standards, of the Half Moon Bay Municipal Code is hereby repealed and replaced with a new Chapter 14.04 entitled “Building Standards,” as shown in Attachment A.
Section 3: Severability. If any words, phrases, provisions or sections of this Chapter are either determined by a Court of competent jurisdiction to be void, invalid, unenforceable, 215
or preempted by state or federal law, then such words, phrases, provisions, or sections shall be severed from this Chapter, and all the remaining words, phrases, provisions, and sections of this Chapter shall remain in full force and effect; provided however, that the severing of such words, phrases, provisions, and sections does not frustrate the purposes of any of the remaining sections of the chapter.
Section 4: California Environmental Quality Act. The City Council finds that this Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.
Section 5: Effective Date. Pursuant to Section 36937 of the Government Code of the State of California, this ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage.
Section 6: Publication. The City Clerk shall cause this ordinance to be published and posted in accordance with the requirements of Section 36933 of the Government Code of the State of California.
216
INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 6th day of December 2022.
ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 20th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ _________________________
Jessica Blair, City Clerk Debbie Ruddock, Mayor
217
ATTACHMENT A
14.04 Building Standards
14.04.010 Intent and Purpose
It is the intent of the City to adopt by reference the 2022 California Building Standards Code for the purpose of establishing minimum standards to safeguard and protect the health, safety and welfare of the public by regulating the design, construction, quality of materials, use, occupancy, and location of all builds and structures within the City.
14.04.020 Building Code
Those certain Codes and Standards known as the 2022 California Building Code, Part 2 of Title 24 of the California Code of Regulations, Volumes 1 and 2, published by the California Building Standards Commission, and by reference the 2021 International Building Code published by the International Code Council, and Appendix Chapters C (Group U Agricultural Buildings), G (Flood Resistant Construction), H (Signs), I (Patio Covers), and J (Grading) are hereby adopted by reference with the following amendments:
Appendix J Grading, is amended as follows:
a. Section J103.1, Permits Required, is amended to read as follows:
Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit therefor from the building official. A grading permit does not include the construction of retaining walls or other structures.
Notwithstanding the provisions of Section J103.2 Exemptions, a grading permit shall be required for all excavation and grading involving more than 50 cubic yards of material; grading and excavating will exceed an area greater than 5000 square feet; or grading or excavating has a potential to obstruct a natural or manmade drainage course. b. Section J103.1.2, Engineered Grading Requirements, is added to read as follows:
A. If more than 50 yards of material are to be removed from the site, the following information must be included in the application materials submitted to the City:
1. The names, addresses and telephone numbers of all persons owning property where the materials is to be deposited
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2. The specific locations of the deposit site
3. The haul route or routes to be followed
4. The estimated times and dates the materials are to be transported.
B. If more than 50 yards of material are to be transported to the site, the following information must be included in the application submitted to the City:
1. A statement as to the source and type of materials to be transported to the site
2. The haul route or routes to be followed
3. The estimated times and dates the materials are to be transported
4. The name, address and phone number of the person to have effective control of the work, including a telephone number for contact in the event of an emergency.
c. Section J104.1 Submittal Requirements, is amended to read as follows:
In addition to the provisions of Sections 105.3 and 1.8.4, as applicable, the applicant shall state the estimated quantities of excavation and fill.
A. If more than 50 yards of material are to be removed from the site, the following information must be included in the application materials submitted to the City:
1. The names, addresses and telephone numbers of all persons owning property where the material is to be deposited
2. The specific locations of the deposit site
3. The haul route or routes to be followed
4. The estimated times and dates the materials are to be transported.
B. If more than 50 yards of material are to be transported to the site, the following information must be included in the application submitted to the City:
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1. A statement as to the source and type of materials to be transported to the site
2. The haul route or routes to be followed
3. The estimated times and dates the materials are to be transported
4. The name, address and phone number of the person to have effective control of the work, including a telephone number for contact in the event of an emergency.
d. Section J107.6, Grading and Filling of Flood Plain Areas, is added to read as follows:
No grading shall occur and no fill material shall be placed within 100 feet of the edge of the low flow channel in a flood plain area. Minor grading or filling may be allowed in a flood plain area for agricultural purposes if in the opinion of the City Engineer the grading or fill material will not adversely affect the drainage in the flood plain area.
14.04.030 Mechanical Code
Those certain Codes and Standards known as the 2022 California Mechanical Code, Part 4 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, and by reference the 2021 Uniform Mechanical Code published by the International Code Council, and all appendices thereto, are hereby adopted by reference without amendment.
14.04.040 Energy Code
Those certain Codes and Standards known as the 2022 California Energy Code, Part 6 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, is hereby adopted by reference without amendment.
14.04.050 Referenced Standards Code
Those certain Codes and Standards known as the 2022 California Referenced Standards Code, Part 12 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, is hereby adopted by reference without amendment.
14.04.060 Plumbing Code
Those certain Codes and Standards known as the 2022 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, published by the California Building Standards 220
Commission, and by reference the 20121Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, and all appendices thereto, are hereby adopted by reference without amendment.
14.04.070 Electrical Code
Those certain Codes and Standards known as the 2022 California Electrical Code, Part 3 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, is hereby adopted by reference with the following amendments:
Article 100, Definitions, is amended to add the following definition:
Electrical Service. Underground electrical service shall be provided in all new construction, additions of more than 25 percent of the existing floor area, and remodels where the estimated cost of construction is 50 percent or more of the assessed valuation of the building. Underground service shall be installed in accordance with the most recent addition of the Pacific Gas and Electric Company Electric and Gas Service Requirement Section 5 Electric Service Underground.
14.04.080 Administrative Code
Those certain Codes and Standards known as the 2022 California Administrative Code, Part 1 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission is hereby adopted without amendment.
14.04.090 Existing Buildings Code
Those certain Codes and Standards known as the 2022 California Existing Building Code, Part 10 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, and by reference the 2021 International Existing Building Code published by the International Code Council, is hereby adopted without amendment.
14.04.100 Historical Building Code
Those certain Codes and Standards known as the 2022 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission is hereby adopted without amendment.
14.04.110 Fire Code
Those certain Codes and Standards known as the 2022 California Fire Code, Part 9, and by reference the 2021 International Fire Code published by the International Code Council, and all appendices thereto, are hereby adopted by reference with the following amendments:
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A. Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention is hereby established and shall operate under the supervision of the Chief of the Coastside Fire Protection District, or the person or persons authorized by the Chief of the Coastside Fire Protection District.
B. Definitions.
1. Wherever the words “authority having jurisdiction or jurisdiction” are used, it shall be held to mean the Coastside Fire Protection District.
2. Wherever the words “fire department” are used, it shall be held to mean the Coastside Fire Protection District.
3. Wherever the words “Chief or Chief of the Bureau of Fire Prevention” are used, they shall be held to mean the Chief of the Coastside Fire Protection District, or the person or persons authorized by the Chief of the Coastside Fire Protection District.
4. Wherever the word “Administrator” is used, it shall be held to mean the Board of Directors of the Coastside Fire Protection District.
5. Wherever the term “District Counsel” is used in the Fire Code, it shall be held to mean the Attorney for the Coastside Fire Protection District.
C. Establishment of Limits within the Coastside Fire Protection District in Which Storage and Use of Explosives and Blasting Agents is to Be Prohibited. The storage and use of explosives and blasting agents are prohibited within the boundaries of the Coastside Fire Protection District.
Exception: The Chief of the Coastside Fire Protection District or the person or persons authorized by the Chief of the Coastside Fire Protection District, may issue a permit to store or use explosives and blasting agents after due consideration has been given to the potential hazards to life, and property and compliance to the requirements established by the California State Fire Marshal for the Storage and Use of Explosives.
D. Establishment of Limits within the Coastside Fire Protection District in Which Storage of Flammable/Combustible Liquids in Outside Above-Ground Tanks is to Be Prohibited. The Chief shall have the authority to permit or deny each site-specific design and/or installation of above 222
ground flammable/combustible liquids tanks within the established boundaries of the Coastside Fire Protection District.
E. Establishment of Limits within the Coastside Fire Protection District in which Storage of Liquefied Petroleum Gases is to Be Prohibited. The Chief shall have the authority to permit or deny each site-specific design and/or installation for the storage of Liquefied Petroleum Gases within the established boundaries of the Coastside Fire Protection District.
F. Establishment of Limits within the Coastside Fire Protection District in Which the Storage of Compressed Natural Gas Is to Be Prohibited. The Chief shall have the authority to permit or deny each site-specific design and/or installation for the storage of Compressed Natural Gas within the established boundaries of the Coastside Fire Protection District.
G. Establishment of minimum roofing classification for all new buildings constructed or re-roofed within the Coastside Fire Protection District. All roof installations regulated by California Building Code Chapter 15 and Appendix Chapter 15 shall comply with CBC Section 1505, but in no case shall be listed as less than a minimum of a Class B roofing assembly.
The Chief shall have the authority to inspect all such roofing systems during construction and/or require certification from the installer that the roof system does meet these requirements.
H. Amendments and Deletions to the California Fire Code as Published by and Printed by the International Code Council. The California Fire Code is amended and changed as follows:
Section 101 [adopted in its entirety]
Section 101.1 Title. [amended] These regulations shall be known as the Fire Code of the Coastside Fire Protection District, hereafter referred to as “this code” Section 101.2.1 Appendix Chapters. [amended] Appendix chapters, which are not specifically adopted, may be used in whole or in part by the Coastside Fire Protection District as guides toward enforcement of the provisions of this ordinance.
Section 104.1 [adopted in its entirety]
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Section 104.1.1 Fire Department Personnel and Peace Officer. [amended] Chief and members of the fire prevention bureau and other designated representatives as designated by the Chief shall have the powers of a public officer in performing their duties under this code and shall have the power to issue notices of violation or citations for violation of this code and any other ordinances of the Coastside Fire Protection District. Individuals designated as “peace officers” shall assume those duties upon successful completion of a PC 832 course of instruction.
Division II, Section 104.3 [adopted in its entirety]
Division II, Section 104.3.1 [adopted in its entirety]
Division II. Section 104.5 [adopted in its entirety]
Division II, Section 104.9 [adopted in its entirety]
Division II, Section 104.10.1 [adopted in its entirety] Division II, Section 104.10.2 [adopted in its entirety] Division II, Section 104.10.11 [adopted in its entirety] Division II, Section 104.11.1 [adopted in its entirety] Division II, Section 104.12 [adopted in its entirety]
Division II, Section 104.12.1 [adopted in its entirety] Division II, Section 104.12.2 [adopted in its entirety] Division II, Section 104.12.3 [adopted in its entirety] Section 105.6.2.1 Special Events. [added] An operational permit is required to conduct a special event either inside or outside of a structure. Special events include but are not limited to the following types of activity: crafts faire, festivals, historical celebrations, etc.
Section 108.1 Authority to Inspect. [added] The Chief or other designated representatives shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety.
Section 111 Board of Appeals Established. [added and amended] In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the 224
application and interpretation of this code, there shall be and is hereby created a Board of Appeals.
Any person who is aggrieved within the meaning of this paragraph by an action of an authorized representative of the District may appeal the action to the Fire District’s Board of Directors. The appeal must be in writing, must fully describe the action sought to be appealed and must be filed with the Clerk of the District Board within 30 days of the date of the action appealed. The Board of Directors shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The decision rendered by the Board of Directors of the Coastside Fire District is final.
Section 111.2 Limitations on Authority. [amended] A person shall be deemed to be aggrieved within the meaning of this Section if the person is the applicant or the permittee or is otherwise directly affected by the action in question. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The action in question may also involve the approval or disapproval of a permit application submitted to the District, the grant or denial of a permit, or a decision concerning the interpretation, construction, operation, or enforcement of the District's Fire Prevention Code. The Board shall have no authority to waive requirements of this code.
Section 111.3 Qualifications. [amended] The Board of Appeals shall consist of the Fire District Board of Directors. The Fire Chief shall be an ex officio member of said Board but shall have no vote on any matter before the Board.
Section 112.4 Violation Penalties [amended] Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not less than $250 dollars or more than $2,500 or imprisonment for not less than 180 days or both in accordance with Section 19 of the California Penal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor, may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. 225
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(1) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(2) Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code, shall be liable for civil penalties not exceeding $250 dollars per day for the first ten days; and $2,500 dollars per day for the next 20 days; and $5,000 dollars for each day after twenty. This shall apply to each violation.
(3) In addition to the penalties set out in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The Coastside Fire Protection District shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be the based on the actual hourly rate for the Coastside Fire Protection District staff and the cost of using a private contractor and equipment, used in gaining compliance for those in violation.
(4) Fines and cost recovery fees will be accessed to the property owners tax rolls after thirty (30) days of the violations notice, or after completion of the appeal process.
Section 113.4 Failure to Comply. [amended] Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250 dollars or more than $2,500.
Section 200 [added]
Air Reactive is any liquid, solid or gas, which, when combined with air, a reaction occurs that forms a hazardous condition. (See also, “pyrophoric”) ALL WEATHER SURFACE shall be a minimum of 6 inches of compacted Class II base rock and 2 inches of asphalt or concrete for grades up to 15%. From 15% to 20% an engineered 226
surface such as rough grooved concrete is required. In no circumstances shall the grade exceed 20%.
AUTHORIZED REPRESENTATIVES shall be those persons determined by the Chief of the Coastside Fire Protection District to act as the Chiefs’ agent.
BRIDGE A bridge shall be defined as a structure designed to carry a roadway over a depression or obstacle
BUILDING CODE is the California Building Code, 2022 edition ELECTRICAL CODE is California Electrical Code, 2022 edition.
EXECUTIVE BODY is the Board of Directors for the Coastside Fire Protection District.
FIRE DEPARTMENT is the Coastside Fire Protection District.
JURISDICTION is the Coastside Fire Protection District.
JURISDICTIONAL AREA is the boundaries established for the Coastside Fire Protection District including the City of Half Moon Bay and unincorporated areas of San Mateo County including Miramar, El Granada, Princeton, Moss Beach and Montara.
LIQUID TIGHT is the ability of a material to retain a liquid being contained and prevent the passage of such liquid.
MECHANICAL CODE is the California Mechanical Code, 2022 edition.
PLUMBING CODE is the California Plumbing Code, 2022 edition.
STAGE A space within a building utilized for entertainment or presentations, which includes overhead hanging curtains, drops, scenery or stage effects other than lighting and sound.
STREET is any thoroughfare or public way not less than 20 feet in width which has been dedicated or deeded to the public for public use and required as a means of fire department access.
TRAFFIC CALMING DEVICES are design elements of fire apparatus access roads such as street alignment, installation of barriers, and other physical measures intended to reduce traffic and cut-through volumes, and slow vehicle speeds.
WASTE OIL is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids. 227
Section 303 [adopted in its entirety]
Section 303.3.1 Fuel Cylinders for Asphalt Roofing Kettles. [added] All fuel cylinders, used in conjunction with asphalt roofing kettles or related equipment, shall be adequately secured to prevent overturning.
Section 304.1.2.1 Clearance of Brush, Vegetative Growth and Combustible Material from Lots. [added] All lots shall be cleared of brush, vegetative growth, and combustible material upon written notification by the Coastside Fire Protection District.
Section 304.1.2.2 Clearance of Brush, Vegetative Growth from Structure Area. [added] Any person owning, leasing, controlling, operating, or maintaining any building or structure in, upon or adjoining any hazardous fire area or any such area within the jurisdictional boundary of the Coastside Fire Protection District, shall upon written notification remove and clear such brush, vegetative growth from the area of the building or structure, as prescribed within the written notice.
Section 304.1.2.3 Fire Breaks. [added] The Coastside Fire Protection District may require the installation of “fire breaks” around or within parcels of property where combustible weeds, crops, brush, or other combustible materials are present. The specific width and length of the “fire breaks” will be determined by the Coastside Fire Protection District. The following conditions will be included as part of the determining factors regarding the width and length of the “fire breaks”:
1. Height and width of combustible material present
2. Prevailing weather conditions
3. Topography of site
4. Available fire apparatus access
5. Fire protection systems available on-site
6. Relationship of structures within the given parcel to the combustible material or adjacent parcels where structures would become exposed to the presence of the combustible material Specifications and guidelines for compliance with applicable sections of the ordinance shall be found in the Coastside Fire District “Fire Prevention Bureau Standards” titled “Weed and Rubbish Abatement Program”.
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Section 304.1.2.4 Weed Abatement. [added] Due to heavy growth of fuels, unmaintained lots are a hazard to the surrounding properties. Coastside Fire Protection District staff shall carry out weed abatement program activities throughout the Coastside Fire Protection District.
Section 304.1.2.5 Declaration of Hazardous Fire Areas. [added] The State of California through the California Department of Forestry and Fire Protection has identified and released for action VERY HIGH FIRE HAZARD SEVERITY ZONES in Local Response Areas. The Board of Directors of the Coastside Fire Protection District hereby declares these zones as HAZARDOUS FIRE AREAS which shall require compliance with Section 4291 of the California Public Resources Code as updated by Section 4251 of the California Public Resources Code and Sections 304.1.2.1, 304.1.2.2, 304.1.2.3 and 304.1.2.4 of the Coastside Fire Protection District Ordinance No. 2022-03.
Chapter 3, Section 305 [adopted in its entirety]
Chapter 3, Section 307 [adopted in its entirety]
Chapter 3, Section 308 [adopted in its entirety]
Chapter 3, Section 310 [adopted in its entirety]
Chapter 3, Section 311 [adopted in its entirety]
Chapter 5, Section 503 [adopted in its entirety]
Section 503.1.2.1. Fire Department Access. [added]
1. Fire Department Access shall be required when one or more additions, alterations, or repairs, or combination thereof, in a two-year period, exceed more than 50% of the valuation of the facility or building.
Exceptions:
1. Any exemption otherwise allowable under the Fire Code as determined by the Fire Code Official
2. Exterior improvements and work not requiring permits as provided in the Building Code
3. Detached Group U occupancies or detached carports less than 1000 square feet.
4. Work requiring only a mechanical, electrical, plumbing, and/or demolition permit.
Section 503.2.3.1 All Weather Surface. [added] Shall be a minimum of 6 inches of compacted Class II base rock and 2 inches of asphalt or concrete for grades up to 15%. From 15% to 20% an 229
engineered surface such as a rough grooved concrete is required. In no circumstances shall the grade exceed 20%.
Section 503.2.4.1 Turning Radius. [added] Inside and outside turning radius for fire access roads will be based upon the capability of the fire apparatus used by the Coastside Fire Protection District. Turning radius design approval must be obtained from the Coastside Fire Protection District.
Section 503.2.6 Bridges and elevated surfaces. [amended] Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HS-20. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs, or both shall be installed and maintained.
Section 503.3.1 Fire Access Lane Markings. [added] The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words “FIRE LANE”, which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words “FIRE LANE”.
Section 503.4.1 Traffic Calming Devices. [amended] Traffic calming devices are prohibited unless approved by the fire code official. Traffic calming devices shall not be installed on designated fire apparatus response routes. When approved, traffic calming devices shall be installed in accordance with the Coastside Fire District’s “Traffic Calming Devices” Standard Detail and Specification.
Section 503.4.2 Prohibited Parking. [added] If in the judgment of the Coastside Fire Protection District it is necessary to prohibit vehicular parking, or other materials or articles, along private fire access lanes in order to prevent obstruction of the required width of the fire access lane, signs shall be posted, as appropriate or as indicated in Section D103.6 with the addition of the following lettering near the bottom of the sign: (C.V.C.22500.1) Section 503.4.3 Roadway Spikes. [added] The installation of roadway traffic control spikes is prohibited within fire access lanes unless prior approval is given by the Coastside Fire Protection District.
Section 505.1.1 Premises Identification. [added] New residential buildings shall have internally illuminated address numbers contrasting with the background so as to be seen from the public 230
way fronting the building. Residential address numbers shall be at least six feet above the finished surface of the driveway. Where buildings are located remotely to the public roadway, additional signage at the driveway/roadway entrance leading to the building and/or on each individual building shall be required by the Coastside Fire Protection District. This remote signage shall consist of a 6 inch by 18-inch green reflective metal sign with 3-inch reflective Numbers/ Letters similar to Hy-Ko 911 or equivalent.
Section 505.1.2 Multiple Tenant Structures. [added] Multiple tenant buildings, using the same street address numbers, shall have suite or unit identification posted as required by the Coastside Fire Protection District.
Section 505.1.3 Commercial/Industrial Size and Stroke of Numbers. [added] Building address numbers shall be either internally or externally illuminated and contrasting with the background so as to be seen from the public way fronting the building.
Building address number heights shall be sized in accordance with the table noted below. The number stroke shall be 1/2-inch or larger.
Distance from Road Address No. Size
0-50 feet 6-inch
50-100 feet 8-inch
100-150 feet 10-inch
150 + feet 12-inch
with a corresponding increase in stroke width.
Section 505.1.4 Rear Addressing. [added] When required by the Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of the property. Number stroke and size will comply with Section 505.1 for residential buildings and 505.1.3 for commercial buildings.
Section 505.1.5 Suite/Unit Identification. [added] Buildings containing separate suite and/or unit identification shall have the suite or unit identification clearly posted with assigned letters or numbers having a minimum height of four inches and a minimum stroke of 1/2 inch. Assigned letters or numbers shall be of contrasting color to the background and located between 5 feet and 6 feet off the finished floor. Directional address numbers or letters shall be provided.
Section 505.1.6 Directories. [added] Complexes with multiple buildings may be required by the Coastside Fire Protection District to provide one or more of the following: a directory, a premise map or directional signage. Location, size, and color of such elements will be determined by the Coastside Fire Protection District on a site-specific basis. 231
Section 505.2.1 Construction Site. [added] Approved street or road signs and address numbers of the construction site shall be installed prior to combustible construction materials being placed on the site.
Section 506 [adopted in its entirety]
Section 506.1.3 Key Box. [added] When required by the Coastside Fire Protection District, a Knox Box of the size and type designated shall be mounted on the building near the main entrance and shall be located a minimum of 60 inches and not higher than 72 inches above the finished floor, in a location approved by the fire code official. Additional Knox Boxes may be required at rear entrances to buildings. Knox padlocks or Knox Gate Switches may be required at any access as specified by the fire code official.
Section 507.1.1 Fire Department Water Supply. [added]
1. Fire Department Water Supply shall be required when one or more additions, alterations, or repairs, or combination thereof, in a two-year period, exceed more than 50% of the valuation of the facility or building.
Exceptions:
1. Any exemption otherwise allowable under the Fire Code as determined by the Fire Code Official
2. Exterior improvements and work not requiring permits as provided in the Building Code
3. Detached Group U occupancies or detached carports less than 1000 square feet.
4. Work requiring only a mechanical, electrical, plumbing, and/or demolition permit.
Section 507.2.2.1 Suburban and Rural Water Supplies. [added] In areas where public and/or private fire mains are not available for the provision of the required fire flow, the Chief may develop a standard which requires a water supply for firefighting be provided. In developing this standard, the Chief may be guided by NFPA Standards and Appendix B and C - California Fire Code 2022 edition.
Section 507.2.2.2 Storage of Suburban and Rural Water Supplies. [added] In calculating the water supply available to meet the minimum fire flow required in Section 507.1, swimming pools, ponds and underground cisterns shall not be considered as a primary water source. 232
Section 903.1.2 All Occupancies and Facilities. [amended] The following requirements shall apply to all new buildings or structures which require a building permit issued by the City of Half Moon Bay or the County of San Mateo:
1. Except as otherwise provided by this Section, or as provided under Section 903.3 of the latest adopted edition of the California Fire Code, automatic fire sprinkler systems shall be installed and maintained in every new building or structure of any type, use, occupancy, or size which requires a building permit issued by the City of Half Moon Bay or the County of San Mateo.
2. The term “ automatic fire sprinkler system” as used in this Section means an integrated system of underground and overhead piping, including a water supply such as a gravity tank, fire pump, reservoir, pressure tank or connection by underground piping to a fire main, which system complies in all respects with the requirements for such systems contained in standards issued by the National Fire Protection Association based upon the occupancy classification or other standards approved by the California State Fire Marshals’ office and approved by the Chief on a case-by-case basis.
The following structures are exempt from the requirements of this Section:
1. Agricultural Buildings. For the purposes of this Section, an “Agricultural building” is defined as a non-residential structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. “Agricultural building” includes a place of employment where agricultural products are processed, treated, or packaged. Office uses within “agricultural buildings” shall not exceed ten percent (10%) of the total floor area of the building unless such buildings are provided with an automatic fire sprinkler system throughout. “Agricultural buildings” shall include greenhouses.
2. Non-Residential Structures not exceeding 1,000 square feet in area.
3. Mausoleums of Type 1 construction, as defined by the California Building Code, which do not contain offices, chapels, or other places where the public assembles on a regular basis.
4. Car wash structures where no offices or waiting rooms are attached.
The requirements of this Section are intended to represent minimum standards for new construction. Further, any requirements of the California Building Code, the California Fire Code or the State Building Standards Code, which is more restrictive, specifies higher standards or mandate’s specific locations within a structure for automatic sprinkler systems shall be applicable.
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Section 903.2.1 Existing buildings or structures. [added] An Automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11 of the California Fire Code or when improvements are conducted in accordance with this section.
Section 903.6.1 Where required. [added] All existing buildings and structures, except for Group R-3 One and Two-Family Dwellings, shall be provided with an automatic fire sprinkler system when any of the following conditions occur:
(A) The renovation of any structure and/or when combined with any additions to the structure, affects a gross floor area which exceeds fifty percent (50%) of the existing floor area of the structure. For the purpose of this Section, when determining the affected gross floor area of an existing structure, whenever more than 50% of the wall or ceiling coverings (e.g., wallboard, plaster, etc.) have been removed from within a room or space bounded by three or more walls within the structure, the entire gross floor area of the room or space shall be counted towards the total affected gross floor area of the existing structure.
Exception:
1. When in the opinion of the Chief, the change of occupancy classification did not result in a significant increase in the level of life safety or fire safety of the occupancy, the Chief may waive the requirement for automatic fire sprinkler system installation.
(B) When a change in occupancy classification, as defined within the Building Code, results in an increased fire hazard or risk due to business operation and/or number of occupants permitted in the building.
Section 903.6.2 [added] All existing one- and two-family dwellings, buildings and/or structures shall be provided with an automatic fire sprinkler system when any of the following conditions occur
1. Automatic sprinklers shall be installed in any one and two-family garage, carport or breezeway attached to any structure for which an automatic sprinkler system is required. A detached one and two-family garage, not containing any habitable space, 1,000 square feet or more shall require the installation of an NFPA-13D automatic fire sprinkler system.
2. Additions, alterations, or modifications to any existing structure containing automatic fire sprinklers shall require the extension or modification of the fire sprinkler system throughout the added, altered, or modified, areas. Plans for the installation, extension or modification of an automatic fire sprinkler system shall be submitted to the Planning and Building 234
Department of San Mateo County or the City of Half Moon Bay for review and approval by the appropriate fire agency. Additions, alterations, and/or remodels to an existing dwelling previously equipped with automatic fire sprinklers shall be submitted to the planning and building department of San Mateo County or the City of Half Moon Bay Components of the existing system shall be Submitted for review in order to determine compliance with the applicable standards.
3. All automatic fire sprinkler systems shall comply with the currently enforced edition of NFPA13, NFPA-13D, NFPA-13R and any additional County specifications, or modifications imposed by supplemental rules and regulations adopted by the County of San Mateo or the City of Half Moon Bay.
4. The installation of an automatic fire sprinkler system may be required by the Building Official when an alteration, addition or change in use or occupancy of a building or portion of a building thereof increases the hazard of fire or threat to life and safety.
5. Where required by the local Fire District.
The following sections are [amended] by changing California Fire Code requirements to 1,000 square feet for fire sprinkler installation, as follows:
903.2.1.1 Group A-1. Change 12,000 square feet to 1,000 square feet. 903.2.1.2 Group A-2. Change 5,000 square feet to 1,000 square feet. 903.2.1.3 Group A-3. Change 12,000 square feet to 1,000 square feet. 903.2.1.4 Group A-4. Change 12,000 square feet to 1,000 square feet. 903.2.3 Group E. Change 12,000 square feet to 1,000 square feet. 903.2.4 Group F Change all Group F-1 occupancies to 1,000 square feet 903.2.7 Group M. Change all Group M occupancies to 1,000 square feet. 903.2.9 Group S-1. Change all Group S-1 occupancies to 1,000 square feet. 903.2.10 Change all Group S-2 occupancies to 1,000 square feet.
Section 903.2.8.1.1 Automatic sprinkler systems installed in Group R-3, occupancies [added] shall conform to the following standards in addition to NFPA Standard 13D, currently adopted edition:
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1. Automatic sprinkler system coverage shall be provided throughout the residence to include all bathrooms, attached garages, and any interior rooms used for storage.
2. An exterior bell shall be mounted in a location to be audible from the street upon activation of the required flow switch.
3. An interior horn shall be mounted in a central location audible from the master bedroom upon activation of the required flow switch.
4. A sprinkler head shall be mounted on a metal sprig above any attic access openings and where required by the AHJ.
5. An inspector’s test valve shall be mounted to flow from the most remote area of the system in an accessible location.
6. All group R, Division 3 occupancies shall require an automatic sprinkler system regardless of square footage, -0- Square feet.
7. Accessory Dwelling Units shall conform to the most recent California State Fire Marshal’s Information Bulletin
Section 903.3.3.8.6 Partial Systems. [added] Unless approved in writing by the fire code official, automatic fire sprinkler systems that only protect a portion of the building shall not be allowed.
Section 905.5.3 Class II System 1 1/2-inch hose. [amended] A minimum 1 ½ inch (37.5 mm) hose shall be allowed to be used for hose stations in light-hazard occupancies where investigated and listed for this service and where approved by the fire code official.
Section 907.8.5.2 Making False Report. [added] It shall be unlawful for a person to give, signal or transmit a false alarm. A false report may include signals from a fire alarm system, including signals caused during fire alarm maintenance without prior Fire District notification. Making a false report shall be liable to a fine as set forth in the Fire District Fee Schedule.
Section 907.10.1 Alarm Panel Clearance. [added] A working space of not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided in front of fire protection equipment including, but not limited to: fire sprinkler control valves, fire department connections, hose connections, risers, hood system manual pull stations, fire alarm control panels, fire pumps and specialized fire protection storage tanks (dry chemical, foam, CO2, clean agent). Where the fire protection equipment is wider than 30 inches, (762 mm), the working space shall not be less than the width of the equipment. No storage of any materials shall be located within the designated working space. Direct access to the working space shall be 236
provided from aisles or access roadways. Modifications to working space dimensions shall be approved by the fire code official.
Section 907.2.11.2.4-5. Smoke Detection for Existing Group R Division 3 Occupancies. [added] All existing Group R Division 3 Occupancies shall be provided with an approved smoke detection system meeting the requirements of 907.2.11.2 throughout the structure when any of the following occurs:
1. When property is occupied by other than the property owner and rental or lease income is derived.
2. When existing property is sold an inspection of the installed smoke detection system for compliance with the Fire Code shall be completed by the Coastside Fire Protection District prior to close of escrow.
Section 907.8.5.1 Fire Department Response to False Alarms. [added] Any building owner or owner’s agent who fails to properly maintain and service any smoke detector or fire alarm system, water flow detection alarm or fire sprinkler tamper alarm, after being notified that service or maintenance is required, will be subject to the payment of costs related to any false alarm response by the fire department.
Section 912.2.1.1 Painting of Fire Protection Equipment and Hydrants. [added] When required by the Chief, fire-protection equipment and fire hydrants shall be painted a color specified by the Coastside Fire Protection District.
Section 912.5.1 Identification. [added] Fire department connections to sprinkler systems and/or standpipe systems shall clearly identify the building served as required by the Coastside Fire Protection District.
Section 1003.3.4.1 Seismic Restraint for Storage Shelving. [added] All storage shelving shall be provided with adequate seismic restraint as required by Chapter 16 of the California Building Code. Storage shelving not required to have seismic restraint by the Building Code may be required to be secured to prevent obstruction of the means of egress as determined by the Coastside Fire Protection District.
Section 5601.1.6 Fireworks. [added] All fireworks, including but not limited to, those listed by the California State Fire Marshal as “Safe and Sane”, are prohibited within the jurisdictional boundaries of the San Mateo County Fire Department on a year around basis. An exception is allowed for professional fireworks displays and theatrical use as permitted by the Fire Code Official.
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Section 5608.1.2 Permits. [added] Permits shall be required as set forth in the California Fire Code.
Section 6101.3 Construction Documents. [amended] Where a single LP-gas container is 500 gallons (1893 L) or more in water capacity or the aggregate water capacity of LP-gas containers are more than 2,000 gallons (7570 L), the installer shall submit construction documents for such installation.
Appendix D [adopted as amended]
Section D102.2 Fire Apparatus Roads. [added] Fire Apparatus Roads shall comply with Sections D102.2.1 through D102.2.2.
D102.2.1 Parking
Roads 32 feet or greater in width shall allow parking on both sides D102.2.2 Turnouts
Roads exceeding 800 feet in length shall provide turnouts no more than 400 feet apart Section D103.4.1 [added] The fire department reserves the right to use all or portions of City/County right of way for access and or turnarounds.
Section D103.6.4 Maintenance and Installation of Fire Access Signs. [added] It shall be unlawful for the owner, lessee, or person in charge of private property to fail to install and maintain required fire access lane signs and/or markings after having been given notice by the Coastside Fire Protection District.
Section D103.7 Traffic Signal Control Devices. [added] When a government agency requires an Encroachment Permit at any intersection and new or existing traffic signals are involved, the traffic signals shall be provided with a traffic signal control device that is operated from the fire apparatus.
Appendix I [adopted in its entirety]
Appendix N [adopted in its entirety]
Appendix O [adopted and amended] Temporary and/or permanent Haunted Houses, Ghost Walks and similar amusement uses
Coastside Fire Protection District Fire Prevention Bureau Standards are adopted as listed below:
Number / Title
CFR-001 Traffic Calming Devices
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CFR-002 Street Signs Addressing
CFR-003 Bollard Guard Post
CFR-004 Fire Watch Requirements
CFR-005 False Alarm Response Policy
14.04.120 Green Building Standards Code
Those certain Codes and Standards known as the 2022 California Green Building Standards Code, Part 11 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, is hereby adopted with the following amendments:
(a) Chapter 2, “Definitions,” is amended to add or change the following definitions:
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
ELECTRIC VEHICLE CHARGING STATION (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625. 239
ELECTRIC VEHICLE (EV) READY SPACE. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
ELECTRIC VEHICLE (EV) CAPABLE SPACE. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.
LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the 240
following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.
(b) Chapter 3, “General,” is amended as follows:
301.1 Scope. … (No change to existing California amendment.) 301.1.1 Additions and alterations.
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[HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration. (No change to existing California amendment.) The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.
NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section (c) Chapter 4, “Residential Mandatory Measures,” is amended as follows:
Section 4.106.4 is amended to read:
4.106.4 Electric vehicle (EV) charging for new construction. Residential construction shall comply with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing.
EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. .adversely impact the construction cost of the project.
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2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.
3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.
4.106.4.1 New oOne- and two-family dwellings and town-houses with private garages.
4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.
For each dwelling unit, install a listed raceway to accommodate a dedicated 208-240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter).
The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger.
Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.
4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.106.4.1.1. 243
4.106.4.2 New mMultifamily dwellings, hotels and motels and with new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
4.106.4.2.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.
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.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
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The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
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.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
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The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.
Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes.
ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.2.2 Existing Buildings.
1. 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, ten 246
percent (10%) of the total number of parking spaces added or altered shall be EVCS.
Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.
2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
4.106.4.32.2.1 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.32.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.3.12.2.1.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.12.2.1.1 and Section 4.106.4.3.22.2.1.2, Item 3.
4.106.4.3.22.2.1.2 Electric vehicle charging stations (EVCS) dDimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm). 247
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section
4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
4.106.4.2.3 EV space requirements.
1. Single EV space required. Install a listed raceway capable of accommodating a 208/240- volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1- inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service 248
panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
4.106.4.2.5 Electric Vehicle Ready Space Signage.
Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.
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, ten (10) percent of the 249
total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
14.04.130 Residential Code
Those certain Codes and Standards known as the 2022 California Residential Code, Part 2.5 of Title 24 of the California Code of Regulations, published by the California Building Standards Commission, and by reference the 2021 International Residential Code published by the International Code Council, and Appendix Chapters H (Patio Covers) and J (Existing Buildings), Appendix K (Sound Transmission) and V (Swimming Pool Safety Act) are hereby adopted by reference without amendment.
14.04.140 Abatement of Dangerous Buildings
Those certain Codes and Standards known as the 1997 Uniform Code for the Abatement of Dangerous Buildings are hereby adopted by reference without amendment.
14.04.150 Penalties
Any person who violates any of the provisions of this Chapter or the codes, standards and regulations adopted by reference and amended herein; or who fails to comply therewith; or who violates or fails to comply with any order made thereunder; or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder; shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor in accordance with Chapter
4.14 of the Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit such violation to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
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Resolution No. C-2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
DETERMINING THE NEED FOR LOCAL MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE AND RATIFYING THE COASTSIDE FIRE PROTECTION DISTRICT’S ORDINANCE NO. 2022-03
WHEREAS, The State of California has adopted the 2022 edition of Title 24 of the California Code of Regulations, also known as the California Building Standards Code (CBSC), containing construction standards applicable to local jurisdictions throughout the State including the City of Half Moon Bay ("City"); and
WHEREAS, on December 6, 2022, the City Council of Half Moon Bay introduced an ordinance amending Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code; and
WHEREAS, at least 15 days prior to the December 20, 2022 public hearing, at least one true copy of the CBSC was filed with the City Clerk for public inspection, pursuant to California Government Code Section 50022.6; and
WHEREAS, notice was published prior to the December 6, 2022 public hearing pursuant to California Government Code Sections 50022.3 and 6066; and WHEREAS, the City is adopting the 2022 triennial CBSC code update to become effective on January 1, 2023; and
WHEREAS, when reasonably necessary due to local climatic, geological, or topographical conditions, Health and Safety Code Sections 17958.5 and 18941.5 authorize local jurisdictions to establish more restrictive building standards than those set forth in the CBSC; and WHEREAS, before making local modifications to the CBSC, Health and Safety Code Sections 17958.5 and 18941.5 require the local jurisdiction to make express findings that such changes are reasonably necessary due to local climatic, geological or topographical conditions; and WHEREAS, the City Council has determined that there is a need to establish building standards that are more restrictive than those adopted by the State of California in the 2022 CBSC to address the problems, concerns and future direction by which the City can establish and maintain an environment which will afford an appropriate level of fire and life safety to all who live and work within its boundary; and
251
WHEREAS, in making this determination, the City Council finds that modifications to the CBSC are reasonably necessary due to local climatic, geological, and topographical conditions as set forth below, and as summarized in the chart attached hereto as Exhibit A:
Climatic: The City is located on a coastal plain and as such is affected greatly by ocean changes.
High winds are a factor in design considerations with expected three second gusts in excess of 90 miles per hour. Conditions are such as to require additional structural provisions for wind loading as well as provisions for electrical utility undergrounding. The City has an average annual rainfall of 27 inches and all storm water flows to the ocean. It is therefore necessary that the City provide special provisions to protect the environment and comply with the regional storm water permit.
The City is situated along the Pacific Coastline and the potential impacts of sea level rise are anticipated to increase the City’s exposure to shoreline hazards. Human activities releasing greenhouse gas into the atmosphere cause increases in rising sea levels are likely to affect the amount of area in the City at risk of coastal flooding, the rate of erosion along the shoreline and bluffs, the area of the City’s tsunami inundation zone, and potential seawater intrusion into riparian systems and groundwater supplies. Loss of shoreline due to rising waters may also threaten the stability of coastal habitats, recreation areas, public access, and infrastructure.
Vehicular traffic through Half Moon Bay is significant and continues to increase as Half Moon Bay is a tourism destination as well as the location of residential projects. The observed increase in plug-in electric vehicle adoption reduces the climate impact of vehicular greenhouse gas emissions.
Topographical: The City has many areas that are in the Tsunami Inundation Area, and it is also bordered by wildland areas. These conditions require the City to take the necessary precautions to protect the public from likely events of floods or wildland urban interface fires. In addition, the area has a highly expansive clay type soil that requires modifications to foundation and drainage design. Some areas of the City have a high water table and necessitate special drainage considerations to protect facilities from flooding and to provide for storm water runoff to the ocean.
Geological: The City is located in seismic zone D. The San Andreas Fault, as well as faults that are notfully charted, affect the seismicity risks ofthe City. In the event of a major earthquake, the City would in all likelihood be cut off from the rest of the Peninsula Cities. It is deemed reasonable that provisions be made to assure that the most conservative measures are designed into structuresto protectthe facilities, both residential and commercial,to provide time for emergency personnel and equipment to reach the coast and provide assistance.
AND WHEREAS, the City lies within the geographical boundaries of the Coastside Fire Protection District; and
WHEREAS, the Coastside Fire Protection District has responsibility for fire protection within said geographical boundaries; and
252
WHEREAS, on October 26, 2022, the Coastside Fire Protection District adopted Ordinance No. 2022-03, adopting the 2022 California Fire Code with certain amendments to reflect local conditions; and
WHEREAS, pursuant to Section 13869.7(c) of the California Health & Safety Code, such ordinances containing such modifications are not effective within the jurisdictional boundaries of the City until ratified by the City Council;
AND WHEREAS, the City Council finds that the changes to the provisions in the California Fire Code set forth in the Coastside Fire Protection District’s Ordinance No. 2022-03, attached hereto as Exhibit B, are reasonably necessary because of the following local climatic, geological, or topographical conditions, consistent with findings made by the Coastside Fire Protection District on October 26, 2022 when the District adopted local modifications to the 2022 CBSC:
Climatic: The Coastside Fire Protection District is located within a coastal region. The District is subject to extensive periods of dense coastal fog as well as an average rainfall of twenty-five (25) inches per year. These adverse weather conditions create severe hazardous road conditions as well as mud and rockslides along the main access roads within as well as into the District from the surrounding area. Due to the periods of heavy fog and rainfall, along with repeated flooding conditions and road closures, the ability of the Fire Protection District to provide immediate emergency response is often delayed. These same adverse climatic conditions often result in a large number of vehicular accidents that place extreme restraints on the availability of emergency response to perform emergency rescue, first aid, hazardous materials control and firefighting.
The climatic conditions often result in a substantial or total lack of ability of the Fire Protection District to respond immediately to the other types of emergency situations that occur. Examples of these emergency conditions may be a structure fire, brush fire, hazardous material incident or medical call. The mutual aid agreements established with adjoining fire protection agencies, might not be possible due to adverse climatic conditions having restricted or totally blocked access into the District.
Geological: The Coastside Fire Protection District is located within a high activity seismic Zone 4.
The San Andreas Fault, aswell asfaultsthat are notfully charted, arewithin immediate boundaries of the District. The seismic geological conditions present a very severe potential for multiple fires, major breakage of water mains, major breakage of natural gas mains, multiple electrical power failures, multiple collapsed structures, large number of calls for emergency medical aid, all of which may occur simultaneously during a seismic event. Most of the structures within the hilly terrain have water pumping systems used for fire suppression water delivery as well as water storage tanks. Most ofthe pumping systemsare dependent on electricalpowerforoperation. Such electrical power may not be available during a seismic event. Water storage in the Point Montara zone of the District is deficient in volume. Water storage tanks used for the storage of required fire suppression water may also collapse in such an event forcing the additional needs to transport water via additional pieces of fire apparatus which will place a significant restraint on the ability of the District to provide the required emergency services. 253
Topographical: The District is composed of areas that are considered by the State Fire Hazard Severity Zone mapping system to be of High and Very High fire hazard. Much of the District is hilly terrain covered with highly combustible natural vegetation including the presence of many groves of eucalyptus trees. The structures within the areas of hilly terrain have very limited fire access due to narrow roadways with steep grades and poor road surface conditions such as gravel. The presence of many existing structures within the high and very high fire hazard and wildland areas provides for a severe potential of a structure fire spreading into a wildland fire condition.
AND WHEREAS, once adopted the City is required to file its local amendments and findings with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay is adopting the 2022 CBSC to take effect on January 1, 2023, with local amendments; and BE IT FURTHER RESOLVED that the City Council has directed that a copy of this Resolution and the Ordinance amending Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7; and BE IT FURTHER RESOLVED that the City Council does hereby ratify the Coastside Fire Protection District Ordinance No. 2022-03 to be effective in the City of Half Moon Bay; and BE IT FURTHER RESOLVED that the City Council does hereby adopt Coastside Fire Protection Districts Findings of Fact supporting the modifications to the Fire Code in Coastside Fire Protection District Ordinance 22-03 as reasonably necessary because of local climatic, geological, or topographical conditions; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including Coastside Fire Protection District Ordinance 22-03 and the Coastside Fire Protection District Findings of Fact, shall be filed with the California Building Standards Commission in accordance with Health & Safety Code Section 17958.7(a) and with the California Department of Housing and Community Development in accordance with Health & Safety Code Section 13869.7(c); and BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that 254
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action would have no or only a de minimis effect on the environment. The Resolution is also exempt from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 20th day of December 2022 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Deborah Ruddock, Mayor
255
EXHIBIT A
Matrix of Justifications for Local Amendments to 2019 California Building Code (Title 24, Part 2) Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.020 Appendix J
Grading, Section
J103.1
Permits Required x ii, iii
14.04.020 Appendix J
Grading, Section
J103.1.2
Engineered Grading Requirements x ii, iii
14.04.020 Appendix J
Grading, Section
J104.1
Submittal Requirements x ii, iii
14.04.020 Appendix J
Grading, Section
J107.6
Grading and Filling of Flood Plain
Areas
x ii, iii
Matrix of Justifications for Local Amendments to 2019 California Electrical Code (Title 24, Part 3) Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.070 Article 100 Definitions x ii, iii
Matrix of Justifications for Local Amendments to 2019 California Fire Code (Title 24, Part 9) Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.110 A. Establishment of the Bureau of
Fire Prevention
x iv, v, vi
14.04.110 B. Definitions x iv, v, vi
256
Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.110 C. Establishment of Limits within the
Coastside Fire Protection District in
Which Storage and Use of Explosives
and Blasting Agents is to Be
Prohibited.
x iv, v, vi
14.04.110 D. Establishment of Limits within the
Coastside Fire Protection District in
Which Storage of Flammable/
Combustible Liquids in Outside
Above-Ground Tanks is to Be
Prohibited.
x iv, v, vi
14.04.110 E. Establishment of Limits within the
Coastside Fire Protection District in
which Storage of Liquefied
Petroleum Gases is to Be Prohibited.
x iv, v, vi
14.04.110 F. Establishment of Limits within the
Coastside Fire Protection District in
Which the Storage of Compressed
Natural Gas Is to Be Prohibited.
x iv, v, vi
14.04.110 G. Establishment of minimum
roofing classification for all new
buildings constructed or re-roofed
within the Coastside Fire Protection
District.
x iv, v, vi
14.04.110 101.1 Title x iv, v, vi
14.04.110 101.2.1 Appendix Chapters x iv, v, vi
14.04.110 104.1.1 Fire Department Personnel and Peace
Officer
x iv, v, vi
14.04.110 105.6.2.1 Special Events x iv, v, vi
14.04.110 108.1 Authority to Inspect x iv, v, vi
257
Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.110 111 Board of Appeals Established x iv, v, vi
14.04.110 111.2 Limitations on Authority x iv, v, vi
14.04.110 111.3 Qualifications x iv, v, vi
14.04.110 112.4 Violation Penalties x iv, v, vi
14.04.110 113.4 Failure to Comply x iv, v, vi
14.04.110 200 x iv, v, vi
14.04.110 303.3.1 Fuel Cylinders for Asphalt Roofing
Kettles
x iv, v, vi
14.04.110 304.1.2.1 Clearance of Brush, Vegetative
Growth and Combustible Material
from Lots.
x iv, v, vi
14.04.110 304.1.2.2 Clearance of Brush, Vegetative
Growth from Structure Area.
x iv, v, vi
14.04.110 304.1.2.3 Fire Breaks x iv, v, vi
14.04.110 304.1.2.4 Weed Abatement x iv, v, vi
14.04.110 304.1.2.5 Declaration of Hazardous Fire Areas x iv, v, vi
14.04.110 503.1.2.1 Fire Department Access x iv, v, vi
14.04.110 503.2.3.1 All Weather Surface x iv, v, vi
14.04.110 503.2.4.1 Turning Radius x iv, v, vi
14.04.110 503.2.6 Bridges and elevated surfaces x iv, v, vi
14.04.110 503.3.1 Fire Access Lane Markings x iv, v, vi
14.04.110 503.4.1 Traffic Calming Devices x iv, v, vi
14.04.110 503.4.2 Prohibited Parking x iv, v, vi
14.04.110 503.4.3 Roadway Spikes x iv, v, vi
14.04.110 505.1.1 Premises Identification x iv, v, vi
14.04.110 505.1.2 Multiple Tenant Structures x iv, v, vi
14.04.110 505.1.3 Commercial/Industrial Size and
Stroke of Numbers
x iv, v, vi
14.04.110 505.1.4 Rear Addressing x iv, v, vi
258
Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.110 505.1.5 Suite/Unit Identification x iv, v, vi
14.04.110 505.1.6 Directories x iv, v, vi
14.04.110 505.2.1 Construction Site x iv, v, vi
14.04.110 506.1.3 Key Box x iv, v, vi
14.04.110 507.1.1 Fire Department Water Supply x iv, v, vi
14.04.110 507.2.2.1 Suburban and Urban Rural Water
Supplies
x iv, v, vi
14.04.110 507.2.2.2 Storage of Suburban and Urban Rural Water Supplies
x iv, v, vi
14.04.110 903.1.2 All Occupancies and Facilities x iv, v, vi
14.04.110 903.2.1 Existing buildings or structures x iv, v, vi
14.04.110 903.6.1 Where required x iv, v, vi
14.04.110 903.6.2 N/A x iv, v, vi
14.04.110 903.2.1.1 Group A-1 x iv, v, vi
14.04.110 903.2.1.2 Group A-2 x iv, v, vi
14.04.110 903.2.1.3 Group A-3 x iv, v, vi
14.04.110 903.2.1.4 Group A-4 x iv, v, vi
14.04.110 903.2.3 Group E x iv, v, vi
14.04.110 903.2.4 Group F x iv, v, vi
14.04.110 903.2.7 Group M x iv, v, vi
14.04.110 903.2.9 Group S-1 x iv, v, vi
14.04.110 903.2.10 N/A x iv, v, vi
14.04.110 903.2.8.1.1 N/A iv, v, vi
14.04.110 903.3.3.8.6 Partial Systems x iv, v, vi
14.04.110 905.5.3 Class II System 1 1/2-inch hose x iv, v, vi
14.04.110 907.8.5.2 Making False Report x iv, v, vi
14.04.110 907.10.1 Alarm Panel Clearance x iv, v, vi
14.04.110 907.2.11.2.4-5 Smoke Detection for Existing Group R Division 3 Occupancies
x iv, v, vi
259
Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.110 907.8.5.1 Fire Department Response to False
Alarms
x iv, v, vi
14.04.110 912.2.1.1 Painting of Fire Protection
Equipment and Hydrants
x iv, v, vi
14.04.110 912.5.1 Identification x iv, v, vi
14.04.110 1003.4.1 Seismic Restraint for Storage
Shelving
x iv, v, vi
14.04.110 5601.1.6 Fireworks x iv, v, vi
14.04.110 5608.1.2 Permits x iv, v, vi
14.04.110 6101.3 Construction Documents x iv, v, vi
14.04.110 D102.2 Fire Apparatus Roads x iv, v, vi
14.04.110 D103.4.1 N/A x iv, v, vi
14.04.110 D103.6.4 Maintenance and Installation of Fire Access Sigs
x iv, v, vi
14.04.110 D103.7 Traffic Signal Control Devices x iv, v, vi
14.04.110 Appendix O x iv, v, vi
Matrix of Justifications for Local Amendments to 2019 Green Building Standards Code (Title 24, Part 11) Half Moon Bay
Municipal Code
Section(s)
State Code
Section(s)
Title Add Deleted Amended Justification
(see below)
14.04.120 Chapter 2 Definitions x i
14.04.120 301.1.1 Additions and alterations x i
14.04.120 4.106.4 Electric vehicle (EV) charging x i
14.04.120 4.106.4.1 One- and two family dwellings,
town- houses with private garages.
x i
14.04.120 4.106.4.1.1 New Construction x i
260
14.04.120 4.106.4.1.2 Existing Building x i
14.04.120 4.106.4.2 Multifamily dwellings with
residential parking
x i
14.04.120 4.106.4.2.1 New Construction x i
14.04.120 4.106.4.2.2 Existing Buildings x i
14.04.120 4.106.4.3 Electric vehicle charging station
(EVCS)
x i
14.04.120 4.106.4.3.1 Location x i
14.04.120 4.106.4.3.2 Dimensions x i
14.04.120 4.106.4.4 Direct current fast charging stations x i Half Moon Bay Local Conditions:
i. Climatic: The City is located on a coastal plain and as such is affected greatly by ocean changes. High winds are a factor in design considerations with expected three second gusts in excess of 90 miles per hour. Conditions are such as to require additional structural provisions for wind loading as well as provisions for electrical utility undergrounding. The City has an average annual rainfall of 27 inches and all storm water flows to the ocean. It is therefore necessary that the City provide special provisions to protect the environment and comply with the regional storm water permit.
The City is situated along the Pacific Coastline and the potential impacts of sea level rise are anticipated to increase the City’s exposure to shoreline hazards. Human activities releasing greenhouse gas into the atmosphere cause increases in rising sea levels are likely to affect the amount of area in the City at risk of coastal flooding, the rate of erosion along the shoreline and bluffs, the area of the City’s tsunami inundation zone, and potential seawater intrusion into riparian systems and groundwater supplies. Loss of shoreline due to rising waters may also threaten the stability of coastal habitats, recreation areas, public access, and infrastructure.
Vehicular traffic through Half Moon Bay is significant and continues to increase as Half Moon Bay is a tourism destination as well as the location of residential projects. The observed increase in plug-in electric vehicle adoption reduces the climate impact of vehicular greenhouse gas emissions.
ii. Topographical: The City has many areas that are in the Tsunami Inundation Area, and it is also bordered by wildland areas.
These conditions require the City to take the necessary precautions to protect the public from likely events of floods or wildland urban interface fires. In addition, the area has a highly expansive clay type soil that requires modifications to foundation and drainage design. 261
Some areas of the City have a high water table and necessitate special drainage considerations to protect facilities from flooding and to provide for storm water runoff to the ocean.
iii. Geological: The City is located in seismic zone D. The San Andreas Fault, as well as faults that are not fully charted, affect the seismicity risks of the City. In the event of a major earthquake, the City would in all likelihood be cut off from the rest of the Peninsula Cities. It is deemed reasonable that provisions be made to assure that the most conservative measures are designed into structuresto protectthe facilities, both residential and commercial, to provide time for emergency personnel and equipment to reach the coast and provide assistance.
Coastside Fire Protection District Local Conditions:
iv. Climatic: The Coastside Fire Protection District is located within a coastal region. The District is subject to extensive periods of dense coastal fog as well as an average rainfall of twenty-five (25) inches per year. These adverse weather conditions create severe hazardous road conditions as well as mud and rockslides along the main access roads within as well as into the District from the surrounding area. Due to the periods of heavy fog and rainfall, along with repeated flooding conditions and road closures, the ability of the Fire Protection District to provide immediate emergency response is often delayed. These same adverse climatic conditions often result in a large number of vehicular accidents that place extreme restraints on the availability of emergency response to perform emergency rescue, first aid, hazardous materials control and firefighting. The climatic conditions often result in a substantial or total lack of ability of the Fire Protection District to respond immediately to the other types of emergency situations that occur. Examples of these emergency conditions may be a structure fire, brush fire, hazardous material incident or medical call. The mutual aid agreements established with adjoining fire protection agencies, might not be possible due to adverse climatic conditions having restricted or totally blocked access into the District. v. Geological: The Coastside Fire Protection District is located within a high activity seismic Zone 4. The San Andreas Fault, as well as faults that are not fully charted, are within immediate boundaries of the District. The seismic geological conditions present a very severe potential for multiple fires, major breakage of water mains, major breakage of natural gas mains, multiple electrical power failures, multiple collapsed structures, large number of callsfor emergency medical aid, all of which may occursimultaneously during a seismic event. Most of the structures within the hilly terrain have water pumping systems used for fire suppression water delivery as well as water storage tanks. Most of the pumping systems are dependent on electrical power for operation. Such electrical power may not be available during a seismic event. Water storage in the Point Montara zone of the District is deficient in volume. Water storage tanks used for the storage of required fire suppression water may also collapse in such an event forcing the additional needs to transport water via additional pieces of fire apparatus which will place a significant restraint on the ability of the District to provide the required emergency services.
262
vi. Topographical: The District is composed of areas that are considered by the State Fire Hazard Severity Zone mapping system to be of High and Very High fire hazard. Much of the District is hilly terrain covered with highly combustible natural vegetation including the presence of many groves of eucalyptus trees. The structures within the areas of hilly terrain have very limited fire access due to narrow roadways with steep grades and poor road surface conditions such as gravel. The presence of many existing structures within the high and very high fire hazard and wildland areas provides for a severe potential of a structure fire spreading into a wildland fire condition.
263
EXHIBIT B
TO: Honorable Board of Directors
FROM: Jonathan Cox, Deputy Fire Chief
DATE: October 26, 2022
SUBJECT: 2022 FIRE CODE ADOPTION
Staff Recommendation
Introduce an Ordinance adopting the 2022 California Fire Code with local amendments.
Background
Every 3 years, the California Building Standards Commission updates and adopts the newest California Building Standards Code. This code automatically becomes effective on January 1, 2023. As part of that State level adoption, State law automatically rescinds local amendments, so local jurisdictions need to adopt new modifications to their codes.
The Coastside Fire Board of Directors last adopted the 2019 California Fire Codes with local amendments on October 23, 2019. On July 1, 2022, the State Building Standards Commission adopted the 2022 California Building Standards Code, which becomes effective on January 1, 2023, making it necessary for the Coastside Fire District to adopt a new ordinance.
Research and Findings
Staff is providing the Board with the proposed changes to the code to stay in line with State law and maintain the amendments currently in place from the last adopted ordinances.
Fiscal Impact
None
Attachment
1. Ordinance
Coastside Fire Protection District
STAFF REPORT
264
EXHIBIT B
ORDINANCE NO. 2022-03
COASTSIDE FIRE PROTECTION DISTRICT
COUNTY OF SAN MATEO, STATE OF CALIFORNIA
AN ORDINANCE ADOPTING THE CALIFORNIA FIRE CODE
EDITION AND PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE,
PROPERTY AND THE ENVIRONMENT FROM FIRE, PANIC, EXPLOSION, HAZARDOUS
MATERIALS AND HAZARDOUS USES AND ESTABLISHING A BUREAU OF FIRE PREVENTION
AND PROVIDING OFFICERS THEREFOR
The Board of Directors of the Coastside Fire Protection District does hereby ordain as follows:
Section I. Findings of Fact.
A. General. After due consideration, the Board of Directors of the Coastside Fire Protection District, hereby finds that the unique local climate, geological and topographical conditions existing within the boundaries of the District make it reasonably necessary for the District to impose more stringent requirements than set forth in the California Fire Code and pursuant to California Health and Safety Code sections 13869.7 and 17958.7, the District desires to make express findings to that effect and to adopt the modifications and changes contained in this adoptive Ordinance of the 2022 California Fire Code. Such changes are deemed to be reasonably necessary to provide adequate and effective protection of life, property, and the environment.
The District is within the air path approach to the San Francisco and San Jose International airports.
The commercial air traffic as well as the presence of a large amount of private small aircraft presents a high potential for rescue and firefighting demands on the District.
The District has numerous festival events that occur yearly as well as a significant amount of tourism due to the presence of several miles of Pacific coastline and beaches. Such events and tourism can present significant increases of vehicular traffic and population within the District. The District covers areas of the “Devils Slide” portion of Hwy #1, the Pillar Point Harbor and many miles of isolated coastline. These increased conditions result in a high demand for providing emergency services.
The Coastside Fire Protection District provides the fire protection services for the City of Half Moon Bay and the Communities of Montara, Moss Beach, Princeton, El Granada and Miramar in addition to the surrounding unincorporated areas with a total District size of 50 square miles. The District has established three fire stations to provide the emergency services. Fire Station 40 is located within the downtown area of the City of Half Moon Bay and Fire Station 41 is located within the unincorporated area of El Granada. El Granada is located four miles to the north of the City of Half Moon Bay. Fire Station 44 is located within the Moss Beach Area of the District. The District has thirty-five paid and twenty volunteer fire fighter positions, along with four management and two administrative support positions.
265
2 EXHIBIT B
B. Climatic. The Coastside Fire Protection District is located within a coastal region. The District is subject to extensive periods of dense coastal fog as well as an average rainfall of twenty-five (25) inches per year. These adverse weather conditions create severe hazardous road conditions as well as mud and rockslides along the main access roads within as well as into the District from the surrounding area. Due to the periods of heavy fog and rainfall, along with repeated flooding conditions and road closures, the ability of the Fire Protection District to provide immediate emergency response is often delayed. These same adverse climatic conditions often result in a large number of vehicular accidents that place extreme restraints on the availability of emergency response to perform emergency rescue, first aid, hazardous materials control and firefighting. The climatic conditions often result in a substantial or total lack of ability of the Fire Protection District to respond immediately to the other types of emergency situations that occur. Examples of these emergency conditions may be a structure fire, brush fire, hazardous material incident or medical call. The mutual aid agreements established with adjoining fire protection agencies, might not be possible due to adverse climatic conditions having restricted or totally blocked access into the District.
C. Geological. The Coastside Fire Protection District is located within a high activity seismic Zone 4.
The San Andreas Fault, as well as faults that are not fully charted, are within immediate boundaries of the District. The seismic geological conditions present a very severe potential for multiple fires, major breakage of water mains, major breakage of natural gas mains, multiple electrical power failures, multiple collapsed structures, large number of calls for emergency medical aid, all of which may occur simultaneously during a seismic event. Most of the structures within the hilly terrain have water pumping systems used for fire suppression water delivery as well as water storage tanks.
Most of the pumping systems are dependent on electrical power for operation. Such electrical power may not be available during a seismic event. Water storage in the Point Montara zone of the District is deficient in volume. Water storage tanks used for the storage of required fire suppression water may also collapse in such an event forcing the additional needs to transport water via additional pieces of fire apparatus which will place a significant restraint on the ability of the District to provide the required emergency services.
D. Topographical. The District is composed of areas that are considered by the State Fire Hazard Severity Zone mapping system to be of High and Very High fire hazard. Much of the District is hilly terrain covered with highly combustible natural vegetation including the presence of many groves of eucalyptus trees. The structures within the areas of hilly terrain have very limited fire access due to narrow roadways with steep grades and poor road surface conditions such as gravel. The presence of many existing structures within the high and very high fire hazard and wildland areas provides for a severe potential of a structure fire spreading into a wildland fire condition.
Section II. Adoption of California Fire Code.
Ordinance Number 2019-03 related to providing a Fire Prevention Code for the Coastside Fire Protection District is hereby repealed. Furthermore there is hereby adopted by the Board of Directors of the Coastside Fire Protection District, for the purpose of prescribing regulations governing conditions hazardous to life, property and the environment from fire, or explosion, hazardous materials, and hazardous uses, that certain code known as the 2022 California Fire Code, California Code of Regulations, Title 24 Part 9, including Appendix Chapter 4, Appendix B, Appendix C, 266
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Appendix D, Appendix I, Appendix N, and Appendix O which has been adopted in part by the California Building Standards Commission with necessary amendments. The 2022 California Fire Code utilizes the 2021 International Fire Code, published by International Code Council, as the base document. State Fire Marshal amendments that are considered Building Standards are included to form the California Fire Code. The California Fire Code is published and printed by the International Code Council, being particularly the 2022 edition thereof, and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section IX of this ordinance, of which three (3) copies have been and now are filed in the Office of the Clerk of the Coastside Fire Protection District, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of the Coastside Fire Protection District.
Section III. Establishment of the Bureau of Fire Prevention.
The Bureau of Fire Prevention is hereby established and shall operate under the supervision of the Chief of the Coastside Fire Protection District, or the person or persons authorized by the Chief of the Coastside Fire Protection District.
Section IV. Definitions.
1. Wherever the words “authority having jurisdiction or jurisdiction” are used, it shall be held to mean the Coastside Fire Protection District.
2. Wherever the words “fire department” are used, it shall be held to mean the Coastside Fire Protection District.
3. Wherever the words “Chief or Chief of the Bureau of Fire Prevention” are used, they shall be held to mean the Chief of the Coastside Fire Protection District, or the person or persons authorized by the Chief of the Coastside Fire Protection District.
4. Wherever the word “Administrator” is used, it shall be held to mean the Board of Directors of the Coastside Fire Protection District.
5. Wherever the term “District Counsel” is used in the Fire Code, it shall be held to mean the Attorney for the Coastside Fire Protection District.
Section V.
Establishment of Limits within the Coastside Fire Protection District in Which Storage and Use of Explosives and Blasting Agents is to Be Prohibited. The storage and use of explosives and blasting agents are prohibited within the boundaries of the Coastside Fire Protection District.
Exception: The Chief of the Coastside Fire Protection District or the person or persons authorized by the Chief of the Coastside Fire Protection District, may issue a permit to store or use explosives and blasting agents after due consideration has been given to the potential hazards to life, and property and compliance to the requirements established by the California State Fire Marshal for the Storage and Use of Explosives.
Section VI.
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Establishment of Limits within the Coastside Fire Protection District in Which Storage of Flammable/Combustible Liquids in Outside Above-Ground Tanks is to Be Prohibited.
The Chief shall have the authority to permit or deny each site-specific design and/or installation of above ground flammable/combustible liquids tanks within the established boundaries of the Coastside Fire Protection District.
Section VII.
Establishment of Limits within the Coastside Fire Protection District in which Storage of Liquefied Petroleum Gases is to Be Prohibited.
The Chief shall have the authority to permit or deny each site-specific design and/or installation for the storage of Liquefied Petroleum Gases within the established boundaries of the Coastside Fire Protection District.
Section VIII.
Establishment of Limits within the Coastside Fire Protection District in Which the Storage of Compressed Natural Gas Is to Be Prohibited.
The Chief shall have the authority to permit or deny each site-specific design and/or installation for the storage of Compressed Natural Gas within the established boundaries of the Coastside Fire Protection District.
Section IX.
Establishment of minimum roofing classification for all new buildings constructed or re-roofed within the Coastside Fire Protection District.
All roof installations regulated by California Building Code Chapter 15 and Appendix Chapter 15 shall comply with CBC Section 1505, but in no case shall be listed as less than a minimum of a Class B roofing assembly.
The Chief shall have the authority to inspect all such roofing systems during construction and/or require certification from the installer that the roof system does meet these requirements.
Section X.
Amendments and Deletions to the California Fire Code as Published by and Printed by the International Code Council. The California Fire Code is amended and changed as follows:
Section 101 [adopted in its entirety]
Section 101.1 Title. [amended] These regulations shall be known as the Fire Code of the Coastside Fire Protection District, hereafter referred to as “this code” 268
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Section 101.2.1 Appendix Chapters. [amended] Appendix chapters, which are not specifically adopted, may be used in whole or in part by the Coastside Fire Protection District as guides toward enforcement of the provisions of this ordinance.
Section 104.1 [adopted in its entirety]
Section 104.1.1 Fire Department Personnel and Peace Officer. [amended] Chief and members of the fire prevention bureau and other designated representatives as designated by the Chief shall have the powers of a public officer in performing their duties under this code and shall have the power to issue notices of violation or citations for violation of this code and any other ordinances of the Coastside Fire Protection District. Individuals designated as “peace officers” shall assume those duties upon successful completion of a PC 832 course of instruction.
Division II, Section 104.3 [adopted in its entirety]
Division II, Section 104.3.1 [adopted in its entirety]
Division II. Section 104.5 [adopted in its entirety]
Division II, Section 104.9 [adopted in its entirety]
Division II, Section 104.10.1 [adopted in its entirety] Division II, Section 104.10.2 [adopted in its entirety] Division II, Section 104.10.11 [adopted in its entirety] Division II, Section 104.11.1 [adopted in its entirety] Division II, Section 104.12 [adopted in its entirety]
Division II, Section 104.12.1 [adopted in its entirety] Division II, Section 104.12.2 [adopted in its entirety] Division II, Section 104.12.3 [adopted in its entirety] Section 105.6.2.1 Special Events. [added] An operational permit is required to conduct a special event either inside or outside of a structure. Special events include but are not limited to the following types of activity: crafts faire, festivals, historical celebrations, etc.
Section 108.1 Authority to Inspect. [added] The Chief or other designated representatives shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the Chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any 269
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violation of the purpose or provisions of this code and of any other law or standard affecting fire safety.
Section 111 Board of Appeals Established. [added and amended] In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals.
Any person who is aggrieved within the meaning of this paragraph by an action of an authorized representative of the District may appeal the action to the Fire District’s Board of Directors. The appeal must be in writing, must fully describe the action sought to be appealed and must be filed with the Clerk of the District Board within 30 days of the date of the action appealed. The Board of Directors shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The decision rendered by the Board of Directors of the Coastside Fire District is final.
Section 111.2 Limitations on Authority. [amended] A person shall be deemed to be aggrieved within the meaning of this Section if the person is the applicant or the permittee or is otherwise directly affected by the action in question. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The action in question may also involve the approval or disapproval of a permit application submitted to the District, the grant or denial of a permit, or a decision concerning the interpretation, construction, operation, or enforcement of the District's Fire Prevention Code. The Board shall have no authority to waive requirements of this code.
Section 111.3 Qualifications. [amended] The Board of Appeals shall consist of the Fire District Board of Directors. The Fire Chief shall be an ex officio member of said Board but shall have no vote on any matter before the Board.
Section 112.4 Violation Penalties [amended] Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not less than $250 dollars or more than $2,500 or imprisonment for not less than 180 days or both in accordance with Section 19 of the California Penal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor, may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. 270
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The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(1) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(2) Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code, shall be liable for civil penalties not exceeding $250 dollars per day for the first ten days; and $2,500 dollars per day for the next 20 days; and $5,000 dollars for each day after twenty.
This shall apply to each violation.
(3) In addition to the penalties set out in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The Coastside Fire Protection District shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be the based on the actual hourly rate for the Coastside Fire Protection District staff and the cost of using a private contractor and equipment, used in gaining compliance for those in violation. (4) Fines and cost recovery fees will be accessed to the property owners tax rolls after thirty (30) days of the violations notice, or after completion of the appeal process.
Section 113.4 Failure to Comply. [amended] Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250 dollars or more than $2,500.
Section 200 [added]
Air Reactive is any liquid, solid or gas, which, when combined with air, a reaction occurs that forms a hazardous condition. (See also, “pyrophoric”)
ALL WEATHER SURFACE shall be a minimum of 6 inches of compacted Class II base rock and 2 inches of asphalt or concrete for grades up to 15%. From 15% to 20% an engineered surface such as rough grooved concrete is required. In no circumstances shall the grade exceed 20%.
AUTHORIZED REPRESENTATIVES shall be those persons determined by the Chief of the Coastside Fire Protection District to act as the Chiefs’ agent. 271
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BRIDGE A bridge shall be defined as a structure designed to carry a roadway over a depression or obstacle
BUILDING CODE is the California Building Code, 2022 edition ELECTRICAL CODE is California Electrical Code, 2022 edition.
EXECUTIVE BODY is the Board of Directors for the Coastside Fire Protection District.
FIRE DEPARTMENT is the Coastside Fire Protection District.
JURISDICTION is the Coastside Fire Protection District.
JURISDICTIONAL AREA is the boundaries established for the Coastside Fire Protection District including the City of Half Moon Bay and unincorporated areas of San Mateo County including Miramar, El Granada, Princeton, Moss Beach and Montara.
LIQUID TIGHT is the ability of a material to retain a liquid being contained and prevent the passage of such liquid.
MECHANICAL CODE is the California Mechanical Code, 2022 edition.
PLUMBING CODE is the California Plumbing Code, 2022 edition.
STAGE A space within a building utilized for entertainment or presentations, which includes overhead hanging curtains, drops, scenery or stage effects other than lighting and sound.
STREET is any thoroughfare or public way not less than 20 feet in width which has been dedicated or deeded to the public for public use and required as a means of fire department access.
TRAFFIC CALMING DEVICES are design elements of fire apparatus access roads such as street alignment, installation of barriers, and other physical measures intended to reduce traffic and cut-through volumes, and slow vehicle speeds.
WASTE OIL is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.
Section 303 [adopted in its entirety]
Section 303.3.1 Fuel Cylinders for Asphalt Roofing Kettles. [added] All fuel cylinders, used in conjunction with asphalt roofing kettles or related equipment, shall be adequately secured to prevent overturning.
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Section 304.1.2.1 Clearance of Brush, Vegetative Growth and Combustible Material from Lots. [added] All lots shall be cleared of brush, vegetative growth, and combustible material upon written notification by the Coastside Fire Protection District.
Section 304.1.2.2 Clearance of Brush, Vegetative Growth from Structure Area. [added] Any person owning, leasing, controlling, operating, or maintaining any building or structure in, upon or adjoining any hazardous fire area or any such area within the jurisdictional boundary of the Coastside Fire Protection District, shall upon written notification remove and clear such brush, vegetative growth from the area of the building or structure, as prescribed within the written notice.
Section 304.1.2.3 Fire Breaks. [added] The Coastside Fire Protection District may require the installation of “fire breaks” around or within parcels of property where combustible weeds, crops, brush, or other combustible materials are present. The specific width and length of the “fire breaks” will be determined by the Coastside Fire Protection District. The following conditions will be included as part of the determining factors regarding the width and length of the “fire breaks”:
1. Height and width of combustible material present
2. Prevailing weather conditions
3. Topography of site
4. Available fire apparatus access
5. Fire protection systems available on-site
6. Relationship of structures within the given parcel to the combustible material or adjacent parcels where structures would become exposed to the presence of the combustible material
Specifications and guidelines for compliance with applicable sections of the ordinance shall be found in the Coastside Fire District “Fire Prevention Bureau Standards” titled “Weed and Rubbish Abatement Program”.
Section 304.1.2.4 Weed Abatement. [added] Due to heavy growth of fuels, unmaintained lots are a hazard to the surrounding properties. Coastside Fire Protection District staff shall carry out weed abatement program activities throughout the Coastside Fire Protection District.
Section 304.1.2.5 Declaration of Hazardous Fire Areas. [added] The State of California through the California Department of Forestry and Fire Protection has identified and released for action VERY HIGH FIRE HAZARD SEVERITY ZONES in Local Response Areas. The Board of Directors of the Coastside Fire Protection District hereby declares these zones as HAZARDOUS FIRE AREAS which shall require compliance with Section 4291 of the California Public Resources Code as updated by Section 4251 of the California Public Resources Code and Sections 304.1.2.1, 304.1.2.2, 304.1.2.3 and 304.1.2.4 of the Coastside Fire Protection District Ordinance No. 2022-03.
Chapter 3, Section 305 [adopted in its entirety]
Chapter 3, Section 307 [adopted in its entirety]
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Chapter 3, Section 308 [adopted in its entirety]
Chapter 3, Section 310 [adopted in its entirety]
Chapter 3, Section 311 [adopted in its entirety]
Chapter 5, Section 503 [adopted in its entirety]
Section 503.1.2.1. Fire Department Access. [added]
1. Fire Department Access shall be required when one or more additions, alterations, or repairs, or combination thereof, in a two-year period, exceed more than 50% of the valuation of the facility or building.
Exceptions:
1. Any exemption otherwise allowable under the Fire Code as determined by the Fire Code Official
2. Exterior improvements and work not requiring permits as provided in the Building Code
3. Detached Group U occupancies or detached carports less than 1000 square feet.
4. Work requiring only a mechanical, electrical, plumbing, and/or demolition permit.
Section 503.2.3.1 All Weather Surface. [added] Shall be a minimum of 6 inches of compacted Class II base rock and 2 inches of asphalt or concrete for grades up to 15%. From 15% to 20% an engineered surface such as a rough grooved concrete is required. In no circumstances shall the grade exceed 20%.
Section 503.2.4.1 Turning Radius. [added] Inside and outside turning radius for fire access roads will be based upon the capability of the fire apparatus used by the Coastside Fire Protection District. Turning radius design approval must be obtained from the Coastside Fire Protection District.
Section 503.2.6 Bridges and elevated surfaces. [amended] Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HS-20. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs, or both shall be installed and maintained.
Section 503.3.1 Fire Access Lane Markings. [added] The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words “FIRE LANE”, 274
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which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words “FIRE LANE”.
Section 503.4.1 Traffic Calming Devices. [amended] Traffic calming devices are prohibited unless approved by the fire code official. Traffic calming devices shall not be installed on designated fire apparatus response routes. When approved, traffic calming devices shall be installed in accordance with the Coastside Fire District’s “Traffic Calming Devices” Standard Detail and Specification.
Section 503.4.2 Prohibited Parking. [added] If in the judgment of the Coastside Fire Protection District it is necessary to prohibit vehicular parking, or other materials or articles, along private fire access lanes in order to prevent obstruction of the required width of the fire access lane, signs shall be posted, as appropriate or as indicated in Section D103.6 with the addition of the following lettering near the bottom of the sign: (C.V.C.22500.1) Section 503.4.3 Roadway Spikes. [added] The installation of roadway traffic control spikes is prohibited within fire access lanes unless prior approval is given by the Coastside Fire Protection District.
Section 505.1.1 Premises Identification. [added] New residential buildings shall have internally illuminated address numbers contrasting with the background so as to be seen from the public way fronting the building. Residential address numbers shall be at least six feet above the finished surface of the driveway. Where buildings are located remotely to the public roadway, additional signage at the driveway/roadway entrance leading to the building and/or on each individual building shall be required by the Coastside Fire Protection District. This remote signage shall consist of a 6 inch by 18-inch green reflective metal sign with 3-inch reflective Numbers/ Letters similar to Hy-Ko 911 or equivalent.
Section 505.1.2 Multiple Tenant Structures. [added] Multiple tenant buildings, using the same street address numbers, shall have suite or unit identification posted as required by the Coastside Fire Protection District.
Section 505.1.3 Commercial/Industrial Size and Stroke of Numbers. [added] Building address numbers shall be either internally or externally illuminated and contrasting with the background so as to be seen from the public way fronting the building.
Building address number heights shall be sized in accordance with the table noted below. The number stroke shall be 1/2-inch or larger.
Distance from Road Address No. Size
0-50 feet 6-inch
50-100 feet 8-inch
100-150 feet 10-inch
150 + feet 12-inch
with a corresponding increase in stroke width.
Section 505.1.4 Rear Addressing. [added] When required by the Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be 275
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plainly visible and legible from the fire apparatus road at the back of the property. Number stroke and size will comply with Section 505.1 for residential buildings and 505.1.3 for commercial buildings.
Section 505.1.5 Suite/Unit Identification. [added] Buildings containing separate suite and/or unit identification shall have the suite or unit identification clearly posted with assigned letters or numbers having a minimum height of four inches and a minimum stroke of 1/2 inch.
Assigned letters or numbers shall be of contrasting color to the background and located between 5 feet and 6 feet off the finished floor. Directional address numbers or letters shall be provided.
Section 505.1.6 Directories. [added] Complexes with multiple buildings may be required by the Coastside Fire Protection District to provide one or more of the following: a directory, a premise map or directional signage. Location, size, and color of such elements will be determined by the Coastside Fire Protection District on a site-specific basis.
Section 505.2.1 Construction Site. [added] Approved street or road signs and address numbers of the construction site shall be installed prior to combustible construction materials being placed on the site.
Section 506 [adopted in its entirety]
Section 506.1.3 Key Box. [added] When required by the Coastside Fire Protection District, a Knox Box of the size and type designated shall be mounted on the building near the main entrance and shall be located a minimum of 60 inches and not higher than 72 inches above the finished floor, in a location approved by the fire code official. Additional Knox Boxes may be required at rear entrances to buildings. Knox padlocks or Knox Gate Switches may be required at any access as specified by the fire code official.
Section 507.1.1 Fire Department Water Supply. [added]
1. Fire Department Water Supply shall be required when one or more additions, alterations, or repairs, or combination thereof, in a two-year period, exceed more than 50% of the valuation of the facility or building.
Exceptions:
1. Any exemption otherwise allowable under the Fire Code as determined by the Fire Code Official
2. Exterior improvements and work not requiring permits as provided in the Building Code
3. Detached Group U occupancies or detached carports less than 1000 square feet.
4. Work requiring only a mechanical, electrical, plumbing, and/or demolition permit.
Section 507.2.2.1 Suburban and Rural Water Supplies. [added] In areas where public and/or private fire mains are not available for the provision of the required fire flow, the Chief may develop a standard which requires a water supply for firefighting be provided. In 276
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developing this standard, the Chief may be guided by NFPA Standards and Appendix B and C - California Fire Code 2022 edition.
Section 507.2.2.2 Storage of Suburban and Rural Water Supplies. [added] In calculating the water supply available to meet the minimum fire flow required in Section 507.1, swimming pools, ponds and underground cisterns shall not be considered as a primary water source.
Section 903.1.2 All Occupancies and Facilities. [amended] The following requirements shall apply to all new buildings or structures which require a building permit issued by the City of Half Moon Bay or the County of San Mateo:
1. Except as otherwise provided by this Section, or as provided under Section 903.3 of the latest adopted edition of the California Fire Code, automatic fire sprinkler systems shall be installed and maintained in every new building or structure of any type, use, occupancy, or size which requires a building permit issued by the City of Half Moon Bay or the County of San Mateo.
2. The term “ automatic fire sprinkler system” as used in this Section means an integrated system of underground and overhead piping, including a water supply such as a gravity tank, fire pump, reservoir, pressure tank or connection by underground piping to a fire main, which system complies in all respects with the requirements for such systems contained in standards issued by the National Fire Protection Association based upon the occupancy classification or other standards approved by the California State Fire Marshals’ office and approved by the Chief on a case-by-case basis.
The following structures are exempt from the requirements of this Section:
1. Agricultural Buildings. For the purposes of this Section, an “Agricultural building” is defined as a non-residential structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. “Agricultural building” includes a place of employment where agricultural products are processed, treated, or packaged.
Office uses within “agricultural buildings” shall not exceed ten percent (10%) of the total floor area of the building unless such buildings are provided with an automatic fire sprinkler system throughout. “Agricultural buildings” shall include greenhouses.
2. Non-Residential Structures not exceeding 1,000 square feet in area.
3. Mausoleums of Type 1 construction, as defined by the California Building Code, which do not contain offices, chapels, or other places where the public assembles on a regular basis.
4. Car wash structures where no offices or waiting rooms are attached.
The requirements of this Section are intended to represent minimum standards for new construction. Further, any requirements of the California Building Code, the California Fire Code or the State Building Standards Code, which is more restrictive, specifies higher standards or mandate’s specific locations within a structure for automatic sprinkler systems shall be applicable.
Section 903.2.1 Existing buildings or structures. [added] An Automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11 of the California Fire Code or when improvements are conducted in accordance with this section. 277
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Section 903.6.1 Where required. [added] All existing buildings and structures, except for Group R-3 One and Two-Family Dwellings, shall be provided with an automatic fire sprinkler system when any of the following conditions occur:
(A) The renovation of any structure and/or when combined with any additions to the structure, affects a gross floor area which exceeds fifty percent (50%) of the existing floor area of the structure. For the purpose of this Section, when determining the affected gross floor area of an existing structure, whenever more than 50% of the wall or ceiling coverings (e.g., wallboard, plaster, etc.) have been removed from within a room or space bounded by three or more walls within the structure, the entire gross floor area of the room or space shall be counted towards the total affected gross floor area of the existing structure.
Exception:
1. When in the opinion of the Chief, the change of occupancy classification did not result in a significant increase in the level of life safety or fire safety of the occupancy, the Chief may waive the requirement for automatic fire sprinkler system installation. (B) When a change in occupancy classification, as defined within the Building Code, results in an increased fire hazard or risk due to business operation and/or number of occupants permitted in the building.
Section 903.6.2 [added] All existing one- and two-family dwellings, buildings and/or structures shall be provided with an automatic fire sprinkler system when any of the following conditions occur
1. Automatic sprinklers shall be installed in any one and two-family garage, carport or breezeway attached to any structure for which an automatic sprinkler system is required. A detached one and two-family garage, not containing any habitable space, 1,000 square feet or more shall require the installation of an NFPA-13D automatic fire sprinkler system.
2. Additions, alterations, or modifications to any existing structure containing automatic fire sprinklers shall require the extension or modification of the fire sprinkler system throughout the added, altered, or modified, areas. Plans for the installation, extension or modification of an automatic fire sprinkler system shall be submitted to the Planning and Building Department of San Mateo County or the City of Half Moon Bay for review and approval by the appropriate fire agency. Additions, alterations, and/or remodels to an existing dwelling previously equipped with automatic fire sprinklers shall be submitted to the planning and building department of San Mateo County or the City of Half Moon Bay Components of the existing system shall be Submitted for review in order to determine compliance with the applicable standards.
3. All automatic fire sprinkler systems shall comply with the currently enforced edition of NFPA-13, NFPA-13D, NFPA-13R and any additional County specifications, or modifications imposed by supplemental rules and regulations adopted by the County of San Mateo or the City of Half Moon Bay.
4. The installation of an automatic fire sprinkler system may be required by the Building Official when an alteration, addition or change in use or occupancy of a building or portion of a building thereof increases the hazard of fire or threat to life and safety. 278
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5. Where required by the local Fire District.
The following sections are [amended] by changing California Fire Code requirements to 1,000 square feet for fire sprinkler installation, as follows:
903.2.1.1 Group A-1. Change 12,000 square feet to 1,000 square feet. 903.2.1.2 Group A-2. Change 5,000 square feet to 1,000 square feet. 903.2.1.3 Group A-3. Change 12,000 square feet to 1,000 square feet. 903.2.1.4 Group A-4. Change 12,000 square feet to 1,000 square feet. 903.2.3 Group E. Change 12,000 square feet to 1,000 square feet. 903.2.4 Group F Change all Group F-1 occupancies to 1,000 square feet 903.2.7 Group M. Change all Group M occupancies to 1,000 square feet. 903.2.9 Group S-1. Change all Group S-1 occupancies to 1,000 square feet. 903.2.10 Change all Group S-2 occupancies to 1,000 square feet.
Section 903.2.8.1.1 Automatic sprinkler systems installed in Group R-3, occupancies [added] shall conform to the following standards in addition to NFPA Standard 13D, currently adopted edition:
1. Automatic sprinkler system coverage shall be provided throughout the residence to include all bathrooms, attached garages, and any interior rooms used for storage.
2. An exterior bell shall be mounted in a location to be audible from the street upon activation of the required flow switch.
3. An interior horn shall be mounted in a central location audible from the master bedroom upon activation of the required flow switch.
4. A sprinkler head shall be mounted on a metal sprig above any attic access openings and where required by the AHJ.
5. An inspector’s test valve shall be mounted to flow from the most remote area of the system in an accessible location.
6. All group R, Division 3 occupancies shall require an automatic sprinkler system regardless of square footage, -0- Square feet.
7. Accessory Dwelling Units shall conform to the most recent California State Fire Marshal’s Information Bulletin
Section 903.3.3.8.6 Partial Systems. [added] Unless approved in writing by the fire code official, automatic fire sprinkler systems that only protect a portion of the building shall not be allowed.
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Section 905.5.3 Class II System 1 1/2-inch hose. [amended] A minimum 1 ½ inch (37.5 mm) hose shall be allowed to be used for hose stations in light-hazard occupancies where investigated and listed for this service and where approved by the fire code official.
Section 907.8.5.2 Making False Report. [added] It shall be unlawful for a person to give, signal or transmit a false alarm. A false report may include signals from a fire alarm system, including signals caused during fire alarm maintenance without prior Fire District notification.
Making a false report shall be liable to a fine as set forth in the Fire District Fee Schedule.
Section 907.10.1 Alarm Panel Clearance. [added] A working space of not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided in front of fire protection equipment including, but not limited to: fire sprinkler control valves, fire department connections, hose connections, risers, hood system manual pull stations, fire alarm control panels, fire pumps and specialized fire protection storage tanks (dry chemical, foam, CO2, clean agent). Where the fire protection equipment is wider than 30 inches, (762 mm), the working space shall not be less than the width of the equipment. No storage of any materials shall be located within the designated working space. Direct access to the working space shall be provided from aisles or access roadways. Modifications to working space dimensions shall be approved by the fire code official.
Section 907.2.11.2.4-5. Smoke Detection for Existing Group R Division 3 Occupancies. [added] All existing Group R Division 3 Occupancies shall be provided with an approved smoke detection system meeting the requirements of 907.2.11.2 throughout the structure when any of the following occurs:
1. When property is occupied by other than the property owner and rental or lease income is derived.
2. When existing property is sold an inspection of the installed smoke detection system for compliance with the Fire Code shall be completed by the Coastside Fire Protection District prior to close of escrow.
Section 907.8.5.1 Fire Department Response to False Alarms. [added] Any building owner or owner’s agent who fails to properly maintain and service any smoke detector or fire alarm system, water flow detection alarm or fire sprinkler tamper alarm, after being notified that service or maintenance is required, will be subject to the payment of costs related to any false alarm response by the fire department.
Section 912.2.1.1 Painting of Fire Protection Equipment and Hydrants. [added] When required by the Chief, fire-protection equipment and fire hydrants shall be painted a color specified by the Coastside Fire Protection District.
Section 912.5.1 Identification. [added] Fire department connections to sprinkler systems and/or standpipe systems shall clearly identify the building served as required by the Coastside Fire Protection District.
Section 1003.3.4.1 Seismic Restraint for Storage Shelving. [added] All storage shelving shall be provided with adequate seismic restraint as required by Chapter 16 of the California Building Code. Storage shelving not required to have seismic restraint by the Building Code 280
17 EXHIBIT B
may be required to be secured to prevent obstruction of the means of egress as determined by the Coastside Fire Protection District.
Section 5601.1.6 Fireworks. [added] All fireworks, including but not limited to, those listed by the California State Fire Marshal as “Safe and Sane”, are prohibited within the jurisdictional boundaries of the San Mateo County Fire Department on a year around basis. An exception is allowed for professional fireworks displays and theatrical use as permitted by the Fire Code Official.
Section 5608.1.2 Permits. [added] Permits shall be required as set forth in the California Fire Code.
Section 6101.3 Construction Documents. [amended] Where a single LP-gas container is 500 gallons (1893 L) or more in water capacity or the aggregate water capacity of LP-gas containers are more than 2,000 gallons (7570 L), the installer shall submit construction documents for such installation.
Appendix D [adopted as amended]
Section D102.2 Fire Apparatus Roads. [added]
Fire Apparatus Roads shall comply with Sections D102.2.1 through D102.2.2.
D102.2.1 Parking
Roads 32 feet or greater in width shall allow parking on both sides D102.2.2 Turnouts
Roads exceeding 800 feet in length shall provide turnouts no more than 400 feet apart Section D103.4.1 [added] The fire department reserves the right to use all or portions of City/County right of way for access and or turnarounds.
Section D103.6.4 Maintenance and Installation of Fire Access Signs. [added] It shall be unlawful for the owner, lessee, or person in charge of private property to fail to install and maintain required fire access lane signs and/or markings after having been given notice by the Coastside Fire Protection District.
Section D103.7 Traffic Signal Control Devices. [added] When a government agency requires an Encroachment Permit at any intersection and new or existing traffic signals are involved, the traffic signals shall be provided with a traffic signal control device that is operated from the fire apparatus.
Appendix I [adopted in its entirety]
Appendix N [adopted in its entirety]
Appendix O [adopted and amended] Temporary and/or permanent Haunted Houses, Ghost Walks and similar amusement uses
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18 EXHIBIT B
Coastside Fire Protection District Fire Prevention Bureau Standards are adopted as listed below:
Number / Title
CFR-001 Traffic Calming Devices
CFR-002 Street Signs Addressing
CFR-003 Bollard Guard Post
CFR-004 Fire Watch Requirements
CFR-005 False Alarm Response Policy
Section XI. Severability:
If any Section, subsection, provision or other portion of this ordinance, or its application to any person or circumstance, is held invalid or unenforceable, all other parts of this ordinance shall remain in full force and effect, and the Board declares that it would have adopted each section, subsection and provision independently, and that each provision is severable.
Section XII. Effective Date
This ordinance shall be in full force and effect after it is ratified by the City of Half Moon Bay and The County of San Mateo, but in any event no sooner than thirty (30) days after its adoption by the District. Within fifteen (15) days after the ordinance is adopted, a summary of this ordinance and a tally of how each Board member voted shall be published once in a newspaper of general circulation, and posted at the District office.
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19 EXHIBIT B
INTRODUCED at a regular meeting of the Board of Directors of the Coastside Fire Protection District on October 26, 2022.
AYES:
NOES:
ABSENT:
President, Board of Directors
Coastside Fire Protection District
ATTEST:
Secretary of the District
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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk TITLE: DISPOSABLE FOODWARE ORDINANCE UPDATE – SECOND READING ______________________________________________________________________________ RECOMMENDATION:
Waive second reading and adopt an ordinance amending Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single-use foodware accessories, the removal of language surrounding fluorinated chemicals, the removal of language surrounding BPI certified compostable plastics, and, beginning on June 1, 2023, requiring reusable foodware for On-premises dining, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this ordinance.
STRATEGIC ELEMENT:
This action supports the Inclusive Governance Elements of the Strategic Plan.
DISCUSSION:
On December 6, 2022, the City Council introduced the ordinance following the conduct of a duly-noticed public hearing. As required by law, the ordinance appears for second reading and adoption at a regular meeting more than five days past introduction.
ATTACHMENTS:
Ordinance amending Chapter 7.30
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ORDINANCE NO. 2022-XXXX
ORDINANCE REPEALING CHAPTER 7.30 OF THE HALF MOON BAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 7.30 REGULATING THE USE OF DISPOSABLE FOODWARE BY FOOD
FACILITIES
THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council (Council) finds and declares as follows:
(a) This Council repealed and replaced chapter 7.30 of the Half Moon Bay municipal code with Ordinance no. 2020-06, also known as the Disposable Foodware Ordinance hereafter referred to as "Ordinance" on October 6, 2020. The Ordinance focuses on reducing single-use plastic and other Foodware waste, improving the health and safety of Half Moon Bay community members, and helping the City keep its waterways clean and safe.
(b) The production, management, and consumption associated with disposable Foodware, typically used for only a few minutes before being discarded, have significant environmental impacts, including environmental contamination; consumption of precious resources such as energy and water; emissions of greenhouse gases; air and water pollution; litter on streets; and plastic pollution in waterways and oceans. (c) Disposable Foodware constitutes a substantial portion of the litter found within the City of Half Moon Bay (City), the Coastside, and the rest of the Bay Area. These types of Foodware are commonly littered or blown out of trash receptacles and migrate through the storm drain system where they eventually end up in the ocean and the City's beaches and creeks.
(d) The most effective ways to reduce the negative environmental impacts of Disposable Foodware include, in order of priority, using reusable Foodware; using natural-fiber based compostable materials, many made from renewable resources such as bamboo, wheat stalk/stem, and sugarcane that do not contain toxic chemicals; and recycling Foodware. When products are reused, natural resources are spared, less energy is used for the production of new products, and premium landfill space is preserved. (e) Reduction of Disposable Foodware in the environment will advance compliance with federal, state, and county clean water mandates, including the City's Municipal Regional Stormwater Permit requirement, by helping to reduce trash and litter in stormwater discharges.
(f) On October 5, 2021, AB 1276 was signed into law by Governor Gavin Newsom. AB 1276 restricts the distribution of single-use Foodware accessories (e.g., Utensils, straws, stirrers, condiment packets, etc.) by restaurants and other Food Facilities. (g) On October 5, 2021, AB 1200 was also signed into law by the Governor. AB 1200 mandates that no person shall distribute, sell, or offer for sale in the state any food 285
packaging (including single-use Foodware) that contains regulated Perfluoroalkyl and Polyfluoroalkyl substances (PFAS).
(h) The Ordinance includes requirements that are well aligned with many of the requirements on Foodware in AB 1276 and AB 1200. However, some discrepancies exist.
As such, the Ordinance must be amended to ensure alignment with requirements in both State bills.
(i) This Council does, accordingly, find and declare that it should repeal and replace in its entirety Chapter 7.30 of the Half Moon Bay Municipal Code to ensure the City’s requirements around single-use Foodware Accessories distribution and PFAS regulation in Disposable Foodware align with the State of California's requirements.
Section 2. Municipal Code Amendment "Disposable Foodware Ordinance." Half Moon Bay Municipal Code chapter 7.30 is hereby repealed and replaced in its entirety by a new chapter
7.30 "Disposable Foodware", which is adopted as set forth in Attachment A. Attachment A of this Ordinance is incorporated herein in its entirety.
Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly; and it prevents changes in the environment.
Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).
Section 5. Publication. The City Clerk shall publish a summary of this Ordinance in a newspaper of general circulation for the City of Half Moon Bay within fifteen days after its adoption.
Section 6. Effective date. This ordinance shall take effect 30 days after adoption. However, the mandatory provisions of this Ordinance, except for sections 7.30.030 shall only become operative and subject to enforcement beginning June 1, 2023. 286
INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 6th of December 2022.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 20th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ _________________________
Jessica Blair, City Clerk Debbie Ruddock, Mayor
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Attachment A
CHAPTER 7.30 DISPOSABLE FOODWARE
Sections:
7.30.010 – Title
7.30.020 – Definitions
7.30.030 – Reusable Foodware use for On-premises dining at Food Facilities
7.30.040 – Distribution of Disposable Foodware Accessories and Standard Condiments.
7.30.050 – Standards and Required Use of Disposable Foodware
7.30.060 – Recordkeeping and Inspection
7.30.070 – Automatic Exemptions
7.30.080 – Case-by-Case Consideration of Requests for Hardship Exemption
7.30.090 – Enforcement
7.30.010 – Title
This chapter shall be known as the "Disposable Foodware Ordinance"
7.30.020 – Definitions
The following words and phrases shall have the meanings set forth below when used in this Chapter. The singular shall include the plural, and the plural shall include the singular. a. "Aluminum Foil-based" means any Disposable Foodware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
b. "Compostable" means that an item or material:
a. Meets standards for compostability from a certified/approved independent third-party approved by the City Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and/or b. Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the City Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and
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c. Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee.
"Compostable" does not include items made entirely/primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
c. "Disposable" means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuses. d. "Foodware" means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, Utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Foodware" includes Foodware Accessories and Standard Condiment in Disposable Packaging. e. "Foodware Accessories" include different types of Foodware such as straws, stirrers, cup spill plugs, cup sleeves, condiment cups and packets, Utensils, cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying Foodware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Foodware Accessory. f. "Food Facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. Public schools are exempt from the provisions of this Chapter.
g. "Food Scrap Composting Method" means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting.
h. "Healthcare Facilities" mean places that provide healthcare to the public. Healthcare Facilities include, but are not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, birth centers, etc.
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i. "Natural Fiber/Natural Fiber-based" means a plant or animal-based, non-synthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc.
j. "Non-Compostable" means not meeting the definition of Compostable set forth in this Chapter.
k. "On-premises dining" means food prepared for consumption on the premises of the food facility either indoors or outdoors.
l. "Off-premises dining" means food prepared for consumption off of the premises of the food facility. "Off-premises dining" includes, but is not limited to, Takeout Food delivery service, drive-through and catering off-site
m. "Polystyrene-based" means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene.
n. "Prepackaged Food" means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
o. "Prepared Food" means food or beverages that undergo a cooking or food preparation technique on the Food Facility's premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to the following:
1. Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting.
2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring.
3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.
Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance. 290
p. "Reusable" means Foodware and Foodware Accessories that are manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations. q. "Standard Condiment" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes. r. "Takeout Food" means Prepared Food, that is purchased to be consumed off a Food Facility's premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
s. "Takeout Food Delivery Service" is a service for online food ordering and delivery of Prepared Food from a Food Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.
t. "Utensils" include different types of instruments used to assist the consumption of food, specifically, forks, knives, spoons, sporks, chopsticks, and tongs.
7.30.030. - Reusable Foodware use for On-premises dining at Food Facilities Effective June 1, 2023:
a. Food Facilities shall only serve Prepared Food for On-premises dining with Reusable Foodware except as otherwise provided in section (b).
b. Food Facilities may provide the following non-Reusable Foodware Accessories: straws, stirrers, cocktail sticks/picks, toothpicks, napkins, wrappers, and liners so long as they are Compostable.
c. Nothing in this section shall prohibit a Food Facility from offering, upon a customer's request, non-Reusable Foodware for Takeout Food or to take away leftover food after dining on the premises.
7.30.040 – Distribution of Disposable Foodware Accessories and Standard Condiments. a. No Food Facility for on premises dining and off-premises dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall provide any Disposable Foodware Accessories and Standard Condiments unless the specific type of Disposable Foodware Accessory (including different types of Utensils) or specific type of Standard Condiment is requested by the consumer.
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Exception: Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Foodware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.
b. Food Facilities shall only distribute Disposable Foodware Accessories and Standard Condiments unbundled, as separate individual units.
c. Takeout Food Delivery Services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smart-phone applications, shall only offer Disposable Foodware Accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Disposable Foodware Accessories are requested. Each individual Disposable Foodware Accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Facility to provide it.
7.30.050 – Standards and Required Use of Disposable Foodware. a. No Food Facility shall use Polystyrene-based Disposable Foodware when providing Prepared Food.
b. Food Facilities shall only provide Disposable: straws, stirrers, Utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable.
c. Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non-Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient.
d. Food Facilities shall use Compostable items for the below Disposable Foodware:
1. Plates
2. Bowls (of all sizes including, but not limited to soup and salad bowls and accessory bowls for condiments)
3. Cups (of all sizes including, but not limited to beverage and accessory cups for Standard Condiments)
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4. Food trays
5. Clamshells, boxes, deli containers, and other containers used for the sale and/or distribution of Prepared Food (e.g., Takeout Food, leftover "doggie containers", etc.)
e. For all other Disposable Foodware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Foodware that can be composted by the Food Scrap Composting Method utilized by the Food Facility and/or accepted for recycling by the Food Facility's recycling collection service.
f. The City shall maintain a list of approved Disposable Foodware sources and/or references to organizations that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. This information shall be made available on the City's website and in City Hall. If a product is not included on the approved lists, the Food Facility wishing to use a product as Disposable Foodware shall establish to the City Manager or designee's satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).
7.30.060 – Recordkeeping and Inspection.
a. Food Facilities shall keep complete and accurate record or documents of the purchase of the acceptable Disposable Foodware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase. a. The record shall be made available for inspection at no cost to the City during regular business hours by City employee or City-designee authorized to enforce this Chapter.
Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address. b. The provision of false or incomplete information, records, or documents to the City shall be a violation of this Chapter.
7.30.070 – Automatic Exemptions.
a. Prepackaged Food is exempt from the provisions of this Chapter. b. Polystyrene-based coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
c. Disposable Foodware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.
d. If the City determines that a reasonably feasible Disposable Foodware that complies with Section 7.30.050 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City 293
determines that a reasonably feasible alternative is available on the market for purchase. The City will have a current list of these exempted Disposable Foodware posted on the City of Half Moon Bay website with hard copies available in the Office. e. Certain Disposable Foodware Accessories for beverage orders, specifically cup sleeves, shall be exempt from Section 7.30.040 (a) and may be distributed for safety reasons without the need for a request by the consumer or an offer by the Food Facility, specifically at drive-through areas of Food Facilities. Detachable lids are not considered a Disposable Foodware Accessory, so Section 7.30.040 (a) does not apply to detachable lids.
f. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.
7.30.080 – Case-by-Case Consideration of Requests for Hardship Exemption. a. Grounds for an exemption.
An exemption from any of the provisions of this Chapter may be granted by the City Manager or designee upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship. An "undue hardship" includes, but is not limited to the following:
1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 7.30.050 (a), (b), (d), and (e) does not exist for a specific application.
2. Imposing the provisions of this Chapter would cause significant economic hardship. "Significant economic hardship" may be based on, but not limited to, demonstrating that suitable Disposable Foodware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Foodware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City Manager or designee shall consider the following information: ability of the Food Facility to recover the additional expense by 294
increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
b. Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City Manager or designee, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City Manager or designee.
Information about the application process for requesting an exemption will be available on the City Of Half Moon Bay's website and in the Office.
7.30.090 – Enforcement.
a. The City Manager or designee may enforce this Chapter. b. The County Manager or designee is hereby authorized to and may enforce Chapter 7.30 within Half Moon Bay upon entry into a Memorandum of Understanding with the County of San Mateo. The County's enforcement authority includes, without limitation, the authority to hold hearings, issue citations, or assess administrative fines on behalf of the City of Half Moon Bay.
c. A violation of this Chapter is an infraction and is subject to enforcement and administrative fines in accordance with Chapter 1.40 of the San Mateo County Ordinance Code and/or Chapter 4.16 of the Half Moon Bay Municipal Code. d. Violation of this Chapter is a public nuisance subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this ordinance code and state law including, but not limited to, an action for abatement or injunctive relief.
e. This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.
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BUSINESS OF THE COUCNIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: December 20, 2022
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: John Doughty, Interim Assistant City Manager
Edward Behle, Recreation Supervisor
TITLE: RENEWAL OF SURF SCHOOL LICENSE AGREEMENTS
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute one-year license agreements with up to two one-year mutual extensions, with Pillar Point Surf School, Blue Swell Surf School, Sea, Surf & Fun, and Tommy Tsunami.
STRATEGIC ELEMENT:
This recommendation supports the Healthy Communities and Public Safety and Fiscal Sustainability Elements of the Strategic Plan.
BACKGROUND:
On May 4, 2010, the City Council adopted Ordinance C-06-10 limiting the commercial use of City beaches, parks, and trails through a license agreement or permitting process that ensures commercial enterprises are managed in a way that protects public health and safety, access for residents and visitors is protected, and City resources are used in a financially sustainable manner. This ordinance was codified as Chapter 9.75 of the Municipal Code.
Prior to creation of Half Moon Bay Municipal Code Section Chapter 9.75, the commercial use of City beaches, parks and trails were uncompensated despite causing adverse impacts upon the public and park, beach, and trail capacities. The Chapter promotes a “Leave No Trace” ethic to licenses and activity participants. The Chapter and its implementation have focused on minimizing the impact of the approved activity on the safety and quality of visitor experiences.
In addition, the Chapter minimizes the impact of the approved activity on natural, agricultural, and cultural resources.
Surf schools are one of the uses now regulated under Municipal Code Chapter 9.75. The City has licensed typically four to five surf schools which operate at Surfer’s Beach. 296
On October 28, 2022 staff sent letters to each of the current operating schools informing them that the City was soliciting letters of interest for surf school operations in calendar year 2023.
In addition, the City posted this information on the City website and newsletter.
DISCUSSION:
The City received letters of interest and applications from the following surf schools:
● Sea, Surf & Fun, which has maintained a license with the City of Half Moon Bay since December 7, 2012;
● Pillar Point Surf School, which has maintained a license with the City of Half Moon Bay since October 22, 2014;
● Tommy Tsunami, which has maintained a license with the City of Half Moon Bay since 2018; and
● Blue Swell Surf School, which has maintained a license with the City of Half Moon Bay since July 2, 2021;
If approved, the four surf schools will be authorized to provide surf lessons at Surfer’s Beach from January 1, 2023 to December 31, 2023, at which point the City and each surf school can, upon written request of licensee, mutually agree to extend the license agreement for up to two additional 12 month terms.
The license agreements with the surf schools require that each school maintain several measures to ensure safe instruction. These include hiring and retaining Red Cross certified instructors, each school wearing different colored vests for identification purposes, maintaining specified instructor to student ratios, having participants sign liability waivers, and maintaining a certificate of insurance providing liability coverage of $2,000,000. Each school must also maintain a business license with the City, make an annual payment of $1,462.96 to the City, which increases three percent annually, and maintain specified hours of operation. The licenses also allow for modified operations during the summer that allow for larger surf camps. There is an additional fee of $1,462.96 per year associated with offering the camps, as well as additional measures to ensure the safety of staff, participants, and other beachgoers.
Each surf school has provided the required prerequisite materials and is recommended to be licensed for the calendar year 2023.
ATTACHMENT:
Resolution authorizing the City Manager to execute license agreements with:
1. Pillar Point Surf School
2. Blue Swell Surf School
3. Sea, Surf & Fun
4. Tommy Tsunami
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Resolution No. C-2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE
CITY MANAGER TO EXECUTE ONE-YEAR LICENSE AGREEMENTS BETWEEN THE CITY OF HALF MOON BAY AND PILLAR POINT SURF SCHOOL; BLUE SWELL SURF SCHOOL; SEA, SURF & FUN;
AND TOMMY TSUNAMI, FOR THE NON-EXCLUSIVE USE OF SURFERS BEACH FOR COMMERCIAL
SURF LESSONS
WHEREAS, the City of Half Moon Bay owns Assessor’s Parcel Number 047-263-020, which is a public beach commonly known as Surfers Beach; and WHEREAS, the Chapter 9.75 of the Half Moon Bay Municipal Code prohibits commercial use of City beaches except as licensed by the City; and WHEREAS, Pillar Point Surf School; Blue Swell Surf School; Sea, Surf & Fun; and Tommy Tsunami operate instructional surf schools and seek to operate said schools on city-owned Surfer’s Beach; and
WHEREAS, the City has developed a standard License Agreement for commercial surf schools, and all four surf schools meet the City’s requirements to operate.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manage to execute License Agreements with Pillar Point Surf School; Blue Swell Surf School; Sea, Surf & Fun; and Tommy Tsunami for the non-exclusive use of Surfers Beach for commercial surf lessons.
****************************************************************************** I, the undersigned, herby certify that the forgoing resolution was duly passed and adopted on this 20th day of December, 2022 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers
ABSENT, Councilmembers
ABSTAIN, Councilmembers
ATTEST: APPROVED:
______________________________ ________________________________ Jessica Blair, City Clerk Debbie Ruddock, Mayor
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