Paradise City Council
October 11, 2022

Town of Paradise
Ordinance No._____

AN ORDINANCE OF THE TOWN OF PARADISE REPEALING PARADISE MUNICIPAL CODE CHAPTERS 15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08, 15.09, 15.10, 15.11, 15.12,

15.13, 15.14 AND ADOPTING NEW CHAPTERS 15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07,

15.08, 15.09, 15.10, 15.11, 15.12, 15.13, 15.14, AND 15.15 AND MAKING FINDINGS OF FACTS

RELATING TO LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHIC CONDITIONS, ALL RELATING TO THE AMENDMENTS AND ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE.

WHEREAS, the Town Council of the Town of Paradise hereby finds that the public health, safety, and welfare will be best protected and served by the adoption of the 2022 California Building Standards Code as established and maintained by the State Building Standards Commission with certain amendments; and
WHEREAS, the Town of Paradise finds that its jurisdiction has specific climatic, topographic, and geologic considerations, as set forth and incorporated herein, that can harm emergency services such as fire protection and emergency medical services and on structures and buildings; and
WHEREAS, except for the amendments authorized by Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Town of Paradise adopts ordinances and regulations imposing the building regulations contained in the rules adopted by the State according to the Health and Safety Code Section 17922; and
WHEREAS, sections 17958.5, 17958.7, and 18941.5 of the Health and Safety Code authorize the Town of Paradise to make changes or modifications to the California Building Standards Code as are reasonably necessary because of local climatic, topographic, and geologic conditions; and WHEREAS, the California Building Standards Code applies to all occupancies throughout the State; and
WHEREAS, the State of California recently adopted Assembly Bill 1236 and Assembly Bill 970, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the Town's reliance on environmentally damaging fossil fuels; and
244

WHEREAS, pursuant to Health and Safety Code section 17958.7, the Town of Paradise has filed the amendments, additions, or deletions expressly marked and identified as to the applicable findings with the California Building Standards Commission at 2525 Natomas Park Drive, Sacramento, Suite 130, Sacramento, California 95833-2936.

NOW, THEREFORE, The Town Council of the Town of Paradise does now ordain as follows:

SECTION 1. Chapters 15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08, 15.09, 15.10,

15.11, 15.12, 15.13 and 15.14 of the Paradise Municipal Code are repealed.

SECTION 2. Chapters 15.01, 15.02, 15.03, 15.04, 15.05, 15.06, 15.07, 15.08, 15.09, 15.10,

15.11, 15.12, 15.13, 15.14 and 15.15 are hereby added to the Paradise Municipal Code read as follows:
015.01.010 Facts and findings.

A. Changes or Modifications. Pursuant to Sections 17958.5, 17958.7 and 18941.5 of the State of California Health and Safety Code, the Town of Paradise adopts and amends the 2019 2022 California Building Standards Code (Title 24, Part 2) based on the 2018 2021 International Building Code (ICC); the 2019 2022 California Residential Code (Title 24, Part 2.5) based on the 2018 2021 International Residential Code (ICC); the 2019 2022 California Electrical Code (Title 24, Part 3) based on the 2017 2020 National Electrical Code (NFPA); the 2019 2022 California Mechanical Code (Title 24, Part 4) based on the 2018 2021 Uniform Mechanical Code (IAPMO); the 2019 2022 California Plumbing Code (Title 24, Part 5) based on the 2018 2021 Uniform Plumbing Code (IAPMO); the 2019 2022 California Fire Code (Title 24, Part 9) based on the 2018 2021 International Fire Code (IFC); the 2019 2022 California Administrative Code (Title 24, Part 1); the 2019 2022 California Energy Code (Title 24, Part 6); the 2019 2022 California Historical Building Code (Title 24, Part 8); the 2019 2022 California Existing Building Code (Chapter 10; Title 24, Part 10); the 2019 2022 California Green Building Standards Code (Cal Green, Title 24, Part 11) and the 2019 2022 California Referenced Standards Code (Title 24, Part 12).

NOTE: The State of California officially adopted the 2019 2022 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Building, Green Building Standards, and Referenced Standards Codes in July of this year, and they become mandatory at the local level effective January 1, 2020 2023.

B. Findings. According to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, the Town of Paradise has determined and found the attached amendments, additions and/or modifications are needed reasonably necessary because of its local climatic, geologic, and topographical conditions.

C. Local Conditions. Local conditions have an adverse effect on the potential for life and property loss, making necessary changes and modifications to the 2019 2022 California Building Standards Code to establish and maintain an environment that will provide the community with a desirable level of protection.

1. Climatic Conditions.
1A. On average, the Town of Paradise has an annual rainfall of fifty-two (52) to fifty-four (54) inches of rain. However, there is little, if any, measurable precipitation in the summer months. Heavy rains can characterize winter months and occasionally heavy snowfalls with accumulations above the one thousand eight hundred (1,800) feet level. During the year, the temperatures range from the mid-20s to low 100's degrees in the summer months with light to gusty westerly winds. These drying winds mixed with the density of vegetation, which is dominant throughout the Town, create a hazardous fuel condition that can have severe consequences. 245

2. Geographical and Topographical Conditions.
2A. The Town of Paradise is located within Butte County in Northern California. It is approximately one hundred (100) miles north of Sacramento and fifteen (15) miles east of the urban community of Chico. The Town of Paradise's population was approximately 26,000+ and the second largest community in Butte County. The Town encompassed 18.6 square miles and was incorporated in 1979. Before incorporation, the Town was a County mountain community with older construction of light commercial and industrial with a predominantly residential character. 2B. The Town of Paradise is located one thousand four hundred (1,400) to two thousand two hundred feet (2,200) above sea level. It is bordered by rugged canyons, creating somewhat of a triangular-shaped area in which the Town is situated.
2C. This environment has natural vegetative growth that is dense, both in the canyon areas and throughout the Town, which presents a challenge and difficulty in fighting and controlling the spread of wildfires. The Town of Paradise has been identified as a very high fire hazard severity zone according to Government Code Section 51178.5 and 51179, based on the climatic, topographic, and geologic conditions combined with the dense vegetation throughout the Town. 2D. The Town's topography presents problems in the delivery of emergency services, including fire protection. Hilly terrain with narrow, winding roads with little circulation, limited escape routes, and limited ingress and egress to access the Town prevent rapid access and orderly evacuations.

Many miles of public streets and private roads were built years ago, and many private roads are substandard in design and access capability due to topography. 2E. Combined with these features, all-weather surfaces based upon the soil and topographic conditions may not be able to support the imposed loads of fire apparatus and reduce accessibility to emergency response personnel. These conditions increase the likelihood of difficulty with approach angles, steep slopes, grades, and emergency response personnel's ability to be effective.

D. Conclusion. Local climatic, geologic, and topographic conditions impact the built environment and necessitate California Building Standards Code amendments. Therefore, it is reasonably necessary to change or modify the State Building Standards Codes to mitigate the effects of the above conditions by adopting this Ordinance. Furthermore, California Health and Safety Code Section 17958.7 require that the modifications or change be expressly marked and identified as to each finding to which it refers. Therefore, the Town of Paradise finds that Exhibit "A" [below] provides the code sections that have been modified according to the Ordinance that are building standards as defined in the Health and Safety Code Section 18909, and the associated referenced conditions or modifications are due to local climatic, geologic and topographical considerations.

EXHIBIT "A"

FACTS & FINDING CORRELATION

PARADISE MUNICIPAL

CODE SECTION

CALIFORNIA
CODE
CODE

SECTION

AMENDED

SHORT TITLE REFERENCED

FACT/FINDING
(Page 3-5)

15.02.010 CBC Adoption Health & Safety
Code 17958.5

15.02.020 CBC 105.2 Work Exempt from
Permits
Administrative

15.02.030 CBC 107.6 Expiration of Plan Review Administrative

15.02.040 CBC 109.4 Commencing Work/Permit Administrative

15.02.050 CBC 109.6 Refunds Administrative
246

15.02.060 CBC 114.4 Violation Penalties Administrative

15.02.070 CBC 202 Definitions Administrative

15.02.080 CBC 1505.1.3 Roof Coverings 1A, 2A, 2B, 2C

15.02.090 CBC 1603.1.3 Roof Snow Loads 1A, 2A

15.02.100 CBC J101.1 Scope Administrative

15.02.110 CBC J101.3 Purpose Administrative

15.02.120 CBC J101.4 Hazards Administrative

15.02.130 CBC J102 Definitions Administrative

15.02.140 CBC J103 Permits Required Administrative

15.02.150 CBC J104.2 Site Plan Requirements Administrative

15.02.160 CBC J104.5 Bonds Administrative

15.02.170 CBC J105.3 Inspections Administrative

15.02.180 CBC J106.2 Rounding of cut slopes 1A, 2A, 2B, 2D, 2E

15.02.190 CBC J106.3 Private road construction 1A, 2A, 2B, 2D, 2E

15.02.200 CBC J106.3.1 Private road construction 1A, 2A, 2B, 2D, 2E

15.02.210 CBC J107.7 Rounding of fill slopes 1A, 2A, 2B, 2D

15.02.220 CBC J109.5 Overflow protection 1A, 2A, 2B, 2D, 2E

15.02.230 CBC J110.3 Disturbed surfaces 1A, 2A, 2B, 2D, 2E

15.02.240 CBC J110.4 Storm damage
precautions
1A, 2A, 2B, 2D, 2E

15.03.010 CRC Adoption Health & Safety
Code 17958.5

15.03.020 CBC R105.2 Work Exempt from
Permits
Administrative

15.03.030 CRC R108.5 Refunds Administrative

15.03.040 CRC R108.6 Commencing Work Before
Permit
Administrative

15.03.050 CRC R202 Definitions Administrative

15.03.060 CRC R313.2.2 Alarms 1A, 2C, 2D

15.03.070 CRC R337.1.3,
Exceptions
(1) & (2)
and
R337.5.4
Wildland Urban Interface
& Non-combustible
gutters
Health & Safety
Code 17958.5

15.03.080 CRC R902.1 Roof Coverings 1A, 2A, 2B, 2C

15.04.010 CEC Adoption Health & Safety
Code 17958.5

15.05.010 CMC Adoption Health & Safety
Code 17958.5

15.06.010 CPC Adoption Health & Safety
Code 17958.5

15.07.010 Ca. Energy
Code
Adoption Health & Safety
Code 17958.5
247

15.08.010 Ca. Historical
Code
Adoption Health & Safety
Code 17958.5

15.09.010 CFC Adoption Health & Safety
Code 17958.5

15.09.020 CFC 103 Dept. of Fire Prevention Administrative

15.09.030 CFC 105.2.3 Time Limitation of
Application
Administrative

15.09.040 CFC 106.6.29 Miscellaneous
Combustibles
2A, 2B, 2D,

15.09.050 CFC 109.3 Violation Penalties Administrative

15.09.060 CFC 111.4 Failure to Comply Administrative

15.09.070 CFC 113.3 Work Commencing Administrative

15.09.080 CFC 113.5 Refunds Administrative

15.09.090 CFC 202 Sky Lantern Administrative

15.09.100 CFC 307.1 General Open Burning 1A, 2A, 2B, 2C, 2D

15.09.110 CFC 308.6.3 Sky Lantern 1A, 2A, 2B, 2C, 2D

15.09.120 CFC 503.2.1 Dimensions 1A, 2A, 2B, 2C, 2D,
2E

15.09.130 CFC 503.2.3 Surface-Access Roadways 1A, 2A, 2B, 2D, 2E

15.09.140 CFC 503.4.1 Roadway Design Features 1A, 2A, 2B, 2D, 2E

15.09.150 CFC 503.6 Gates 2D, 2E

15.09.160 CFC 505.3 Map/Directory 2D

15.09.170 CFC 507.1.2 Required Water Supply 1A, 2A, 2B, 2D

15.09.180 CFC 510.6.1 Testing and Proof Administrative

15.09.190 CFC 901.4.2 Non-Required Fire Prot.

System
2D

15.09.200 CFC 2306.2.3 Aboveground Storage
Tanks
1A, 2A, 2B

15.09.210 CFC Chapter 56 Fireworks 1A, 2A, 2B, 2C, 2D

15.09.220 CFC B105.2
Exception 1
Reduced Fire Flow 1A, 2A, 2B, 2D

15.09.230 CFC D103.4 Dead End Access 1A, 2A, 2B, 2D, 2E

15.10.010 Ca. Existing
Building Code
Adoption Health & Safety
Code 17958.5

15.11.010 Ca. Green
Building
Standards
Code
Adoption Health & Safety
Code 17958.5

15.12.010 Ca.

Administrative
Code
Adoption Health & Safety
Code 17958.5

15.13.010 Ca. Ref. Stds. Adoption Health & Safety
Code 17958.5
248
Title 15 - BUILDINGS AND CONSTRUCTION
Chapter 15.02 2019 2022 California Building Standards Code (Title 24, Part 2) Based upon the International Building Code (ICC)
Paradise, California, Code of Ordinances Created: 2022-08-31 14:22:05 [EST] ()

Chapter 15.02 2019 2022 California Building Standards Code (Title 24, Part 2) Based upon the International Building Code (ICC)

15.02.010 Adoption.

The 2019 2022 California Building Standards Code, Part 2, Volumes 1 and 2, including Chapter 7A, Appendices "B", "F," "G", "H", "I", "J", known as the California Building Code, as published and adopted by the California Building Standards Commission, including the Town's amendments, deletions, and additions set forth in this Chapter, is hereby adopted by reference and incorporated herein.

15.02.020 Chapter 1, Division II, Section 105.2, Work Exempt from Permits, added.

14. Floor sheathing, decking, and exterior siding repair - limited to 100 square feet of floor sheathing or siding and less than 100 linear board feet of decking.

15. Replacement, repair, or overlay of less than 10% not to exceed 100 square feet of an existing roof within any 12-month period. All repairs shall be Class A only.

16. Approved prefabricated carports serving residential land uses open on two or more sides, do not exceed 480 square feet in footprint, are installed per the manufacturer's instructions, and are located in compliance with applicable building or structure setbacks.

15.02.030 Chapter 1, Division II, Section 107.6, Expiration of Plan Review, added.

Applications for which no permit has been issued shall expire one year following the date of application or on the effective date of a new Town adopted edition of any part of the California Building Standards Code, whichever comes later. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

Exception: Such applications shall not expire under the following circumstances:

1. If the Building Official determines the new code changes are minor, additional reviews of the plans to determine compliance with the new codes may be done in lieu of expiration. The normal hourly rate, as determined by the Master Fee Schedule adopted by the Town of Paradise Town Council, shall apply to any additional review.

2. Applications for which plans have been submitted as a result of a compliance investigation shall expire 180 days following the date of application. No extensions will be granted except in emergency situations approved prior to the expiration by the Building Official.

15.02.040 Chapter 1, Division II, Section 109.4, Work Commencing Before Permit Issuance, amended.

Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before first obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee to be 249

paid in addition to the permit fee when obtaining the building permit. All fees must be paid prior to release of the permit.

15.02.050 Chapter 1, Division II, Section 109.6 Refunds, amended.

The Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit or plan review fee paid when no work or plan examination has been done under an application or permit issued in accordance with this code, provided a written refund application is filed by the original permittee prior to the expiration of the permit.

15.02.060 Chapter 1, Division II, Section 114.4 Violation Penalties, amended. (a) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equipment use. occupy or maintain any real property, building, structure, or building service equipment or cause or permit the same to be done in violation of Title 15 of the Paradise Municipal Code (PMC), this code or the technical codes as amended and adopted by the Town. Any person who violates any of the provisions of Title 15 of the PMC, this code or the technical codes adopted by this jurisdiction or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted or approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the time fixed herein, is severally for each violation or noncompliance respectively guilty of an infraction punishable by a fine not to exceed one thousand dollars ($1,000.00). Each separate day or any portion thereof during which any violation occurs or continues is a separate offense, and upon conviction thereof shall be punishable as provided in this section. Any person, firm or corporation found guilty of any such violation shall be fully responsible for all of the Town's costs relating to the enforcement, investigation and prosecution of the offender.

The imposition of a penalty for any violation or noncompliance shall not excuse the violation of noncompliance or permit it 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 day that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions,
(c) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of these codes and shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans or specifications or from preventing construction operations being carried on there under when in violation of these codes or any other ordinance or from revoking any certificate of occupancy or approval when issued in error. No permit presuming to give authority to violate or cancel the provisions of this Chapter shall be valid, except insofar as the work or use which it authorized is lawful. (d) Any violation of the provisions of Title 15 or of the technical codes as adopted by the Town shall be and is hereby declared to be unlawful and a public nuisance and may be abated in the manner provided by law. (e) The Town Attorney shall, upon the order of the Town Manager or his/her designee, immediately commence action or proceedings for the abatement and removal and enjoinment of any violation of Title 15 or of any technical codes as adopted by the Town as provided by law, and shall take such action and shall apply to such courts of competent jurisdiction to grant such relief as will abate and remove such building or structure or use, and restrain and enjoin any person from setting up, building, maintaining, or using such real property, building, structure, use or occupancy contrary to this code or the technical codes. 250
Created: 2022-08-12 14:22:05 [EST]
()

15.02.070 Chapter 2, Section 202, Definitions, added.

New Construction: For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) shall be considered "New Construction" when 50 percent or more of the exterior weight bearing walls are removed or demolished.

15.02.080 Chapter 15, Section 1505.1.3, Roof Coverings, amended.

All roofing materials shall be installed in accordance with the manufacturer's installation instructions. The entire roof covering of every new structure shall be a minimum Class "A" roof covering. Any roof covering material applied in the alteration, repair or replacement of the roof of the existing structure shall be a minimum of a Class "A" roof covering. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within a one-year period shall be a minimum of a Class "A" roof covering. The owner of any structure regulated by this code shall comply with the provisions of this section relating to roofing materials.

15.02.090 Chapter 16, Section 1603.1.3 Roof Snow Loads, amended.

Snow loads full or unbalanced shall be considered in place of loads set forth in Table No. 1607.1, where such loading will result in larger members and connections. The minimum design snow load and roof live load for the Town of Paradise shall be twenty (20) pounds per square foot below elevation 1,800 feet and thirty (30) pounds per square foot at 1,800 feet and elevations above.

Potential accumulations of snow at roof valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Where snow loads occur, the snow loads shall be determined by the Building Official.

15.02.100 Section J101.1 Scope, amended.

Section J101.1. This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and erosion and sediment control; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading, erosion and sediment control operations.

15.02.110 Section J101.3, added.

Section J101.3. The purpose of this Chapter is to safeguard life, limb, property and the public welfare, and to preserve and enhance the natural environment by preventing and eliminating conditions of accelerated erosion and by regulating grading on private and public property in the incorporated areas of the Town of Paradise.

15.02.120 Section J101.4, added.
(a) Hazardous Conditions. Whenever the Building Official /or the Town Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers structures, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official or Town Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment, or fill so as to eliminate the hazard. (b) Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed and a permit issued under the provisions of this code, or any other person or agent in 251

control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.

15.02.130 Section J102 Definitions, amended.

The following definitions are amended or added to Section J102 with all other definitions in the section remaining unchanged:
"Certifications" shall mean the specific inspections or tests required by the Building Official or Town Engineer have been performed and that the results of such tests are satisfactory and that all work complies with the conditions of the permits and the requirements of this Chapter. "Design Engineer" shall be the Civil Engineer responsible for the preparation of the plans for the grading work.
"Drainage Course" shall be a well-defined natural or man-made channel which conveys storm runoff either year-round or intermittently.
"Hazardous Condition" shall be any natural ground, natural slope, excavation, fill, drainage device or erosion control device on public or private property is a menace to life and limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures, or public or private facilities. "Hill Area" shall be any part of the Town with street grades of ten percent (10%) or greater. "Landscape Architect" shall be a person who holds a certificate to practice landscape architecture in the State of California.
"Natural Grade" shall be the vertical location of the ground surface prior to excavation or fill. "Soil Testing Agency" shall be an agency regularly engaged in the testing of soils under the direction of a Civil Engineer experienced in soil mechanics.
"Surface Drainage" shall be water flows over the ground surface.

15.02.140 Section J103 Permits required, amended.

Section J103. No person shall do any grading, clearing, or grubbing without first having obtained a grading permit from the Town Engineer except for the following:

1. Grading associated with a commercial development required to obtain planning approval prior to issuance of a building permit, or required to obtain a building permit. Grading associated with the Commercial Development shall be tied to the issuance of the building permit, and associated environmental reviews and clearances.

2. An excavation which does not exceed two feet in vertical depth at its deepest point measured from the original ground surface and which does not create a cut slope greater than four feet in height and steeper than one and one-half horizontal to one vertical and does not exceed fifty cubic yards (1,350 cubic feet) of material.

3. A fill that does not exceed one foot in vertical depth and is placed on natural terrain with a slope flatter than five horizontal to one vertical at its deepest point measured from the natural ground surface, or less than three feet in depth, not intended to support structures, which do not exceed fifty cubic yards on any one lot and does not change the existing drainage pattern.

4. Temporary excavations in a public street or right-of-way for which a permit has been issued by the Department of Public Works.
252

5. An excavation below finish grade for a basement, footing, retaining wall, swimming pool, or other structure authorized by a valid permit, which excavation will be completely occupied by and retained by the structure authorized by valid building permit.

6. A fill above existing grade, which fill will be retained by the exterior wall of a building, a retaining wall, swimming pool or other structure authorized by a valid building permit.

7. Gardening and routine agricultural crop management practices.

8. Excavations for utilities installed pursuant to permits issued by the Building Department and/or the Department of Public Works.

9. Refuse disposal sites controlled by other regulations.

10. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous buildings or property and required permits are obtained.

11. Exploratory excavations under the direction of soils engineers or engineering geologist.

12. Routine maintenance of private roads.

13. Clearing of vegetation for fire protection purposes within one hundred (100) feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required in writing by a fire prevention or suppression agency.

In addition, all excavations or fills that disturb one (1) acre or greater must comply with the State Construction Stormwater Permit and supply a copy of the required Storm Water Pollution Prevention Plan (SWPPP) and Waste Discharger Identification (WDID) number, to the Town Engineer.

15.02.150 Section J104.2 Permit Application and Submittals, Site Plan Requirements, amended.

Section J104.2 Information on Plans and in Specifications. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of work proposed and shown in detail that they will conform to provisions of ordinances, rules and regulations. The first sheet shall give the location of the work and the name and address of the owner and the person by whom they were prepared. At the sole discretion of the Building Official/Town Engineer, the plans may be required to be professionally prepared, and/or stamped and signed by a Registered Civil Engineer, and additional information may be required, if applicable to the site or grading operation proposed.

The plans shall include the following information, at a minimum:

1. Vicinity Map showing the project site in relationship to surrounding areas, water courses, water bodies and other significant geographic features, roads and structures.

2. Site Map and Grading plan showing: topographic and boundary survey with existing and proposed contours, with enough off-site contours included to show how surface water will flow onto and off the site; slope arrows and slopes; proposed limits of cuts and fills and other earthwork; proposed retaining structures; existing off-site structures within fifteen (15) feet of the site boundary and other off-site improvements, including but not limited to underground utilities, septic systems, water wells and french drains which may be affected by the grading work; public and private easements of record; typical sections of areas to be graded and profiles of all proposed traveled ways for vehicles and pedestrians; all proposed uses for the site; all proposed divisions; rock disposal areas, buttress fills or other specials features.
253

3. Drainage plan showing: all drainage devices, walls, cribbing or other protective devices and estimated runoff; building site including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage.

4. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to or exported from the site.

5. A statement of the estimated starting and completion dates for work covered by the permit.

6. Erosion and Sediment control plans when required by the Town Engineer shall be prepared, stamped and signed by a Registered Civil Engineer or Certified Engineering Geologist Erosion Control Professional and shall include all the following:
(a) Interim measures designed to prevent excessive storm runoff of water or solid materials onto adjacent property, streets or watercourses including, but not limited to short term erosion control planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out sediment and storm water retention basins. (b) A narrative description of measure to be taken, planting materials and specifications, maintenance provisions and fertilizers. A statement: the plans are subject to change as conditions change.
(c) Calculations of anticipated storm water runoff or runon and sediment volumes shall be included, if required by the Building Official or the Town Engineer. (d) The name, address and contact telephone number of the person responsible for emergency call out in the event of apparent danger to life or property as determined by the Town Engineer or Building Official.

15.02.160 Section J104.5 Grading Bonds, added.

Section J104.5 Grading Bonds.
(a) Bond Requirements. Whenever an application for grading permit is filed for the excavation or fill and the nature of the work is such that if left incomplete, will create a hazard to human life or endanger adjoining property, or the volume of the work is over 200 cubic yards, or property at a higher or lower level, or to any street or street improvement or any other public property, the Building Offficial/Town Engineer shall, before issuing the grading permit, have the discretion to require the applicant to guarantee faithful performance and payment of labor and material in an bond amount determined by the Town Engineer, which shall be not less than one hundred percent (100%) of the total estimated cost of the work, including corrective work necessary to remove or eliminate geological hazards. An additional cash deposit may be required by the Town Engineer in the form of a cash bond sufficient to cover the cost of site cleanup and debris removal.

Where grading is required on property adjacent to the grading site to complete a project satisfactorily, the owner of the adjacent property need not provide additional security if the original guarantee is of sufficient amount to include such additional grading. Each bond and agreement shall remain in effect until the work authorized by the grading permit is completed and approved by the Town Engineer. (b) Type of Bond. A guarantee of faithful performance and payment of labor and material, when required under the provisions of this section, shall be provided by one of the following methods:

1. Bonds executed by the applicant, as principal, and a corporate surety authorized to do business in the State, as surety, and in a form furnished by the Town Engineer and approved by the Town Attorney.

2. A cash deposit with the Town.
254

3. An instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agreement that the funds designated by the instrument shall become trust funds for the purpose of securing faithful performance and payment of labor and material. The instrument of credit and agreement shall first be approved by the Town Attorney. (c) Procedure on Default.

1. Whenever the Town Engineer finds that a default has occurred in the performance of any term or condition of any grading permit, written notice of the fact of default shall be given to the principal and to the corporate surety, financial institution or the depositor, stating the work to be done and the period of time deemed by the Town Engineer to be reasonably necessary for the completion of such work. Thirty days after the receipt of such notice the principal or the surety shall perform or cause the required work to be performed by commencing and diligently prosecuting the work to its completion.

If either or both of them fail to commence such work within thirty (30) days, or having so commenced the work, fail, neglect or refuse to proceed diligently to complete the same within the time so specified in the notice, then the Town may enter the premises and do the work, and the cost and expense of doing the work so specified shall be the obligation of the principal and the surety, and shall be a part of the terms of the performance bond in consideration of the issuance of the grading permit.

2. If a cash bond has been posted, notice of default as provided by subdivision 1 of this subsection is given to the depositor, and if the depositor fails to cause the required work to be resumed as set forth in the notice within thirty (30) days after receipt thereof, the Town Engineer shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion thereof, and cause the required work to be completed by such mode as he deems convenient. The balance of such cash deposit, if any, shall, upon the completion of the work, be returned to the depositor or his successor or assigns after deducting ten percent (10%) thereof.

3. If an instrument of credit is used to guarantee performance, notice of default shall be given, as provided in subdivision 1 of this subsection to the principal and to the financial institution issuing the instrument of credit, and if the principal fails to cause the required work to be resumed as set forth in the notice within thirty (30) days after receipt thereof, the Town Engineer shall make a demand upon the financial institution for the payment of the estimated costs from the trust fund held by the financial institution pursuant to the agreement. Upon receipt of said sum, the Town Engineer shall proceed without delay and without further notice or proceedings whatsoever to use the sum, or any portion thereof, and cause the required work to be completed by such mode as he deems convenient. The balance of such sum, if any, shall, upon the completion of the work, be returned to the financial institution, its successors or assigns, after deducting ten percent (10%) thereof; but if the financial institution fails or refuses to pay over said sum, then the Town Engineer shall proceed as in subdivision 1 of this subsection and shall look to said institution for the costs and expenses of the work, and the contractual liability of such institution therefore shall be a term or condition of its agreement.

15.02.170 Section J105.3 Grading Inspections, added.

Section J105.3 Inspections. If required in the Grading Permit, or if notified by the Town Engineer or Inspector that an inspection notice is required, the owner or his agent shall notify the Town Engineer/Inspector twenty-four (24) hours in advance of the time when the grading operation is ready for each of the following inspections.

Required Inspection Notices:

1. Initial inspection. When the permittee is ready to begin work, but before any grading or brushing is started;

2. Toe Inspection. After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill;
255

3. Excavation Inspection. After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet;

4. Fill Inspection. After the fill emplacement is started, but before the vertical height of the lifts exceeds ten (10) feet;

5. Drainage Device Inspection. After forms, pipe and wire mesh are in place, but before any concrete is placed;

6. Final Inspection. When all work, including installation of all drainage structures, other protective devices, irrigation systems, planting and slope stabilization has been completed as per the approved grading plan and required reports have been submitted;

7. Other Inspection. In addition to the called inspections above, the Town Engineer may make periodic inspections of the grading operations to ascertain compliance with the provisions of this Chapter.

15.02.180 Section J106.2 Rounding of Cut Slopes, added.

Section J106.2 Rounding of cut slopes. All cut slopes shall be rounded/conformed into the existing terrain to produce a contoured transition from cut face to natural ground where conditions permit.

15.02.190 Section J106.3, added.

Section J106.3 Private Road Construction. All private road construction shall conform to the requirements of Section J106.3.1.

15.02.190200 Section J106.3.1 Private Road Construction, added.

Section J106.3.1 Private Road Construction. (1) All private road construction involving grading shall be done under permit pursuant to the provisions of this section and shall be subject to the requirements stated in the Town of Paradise "Public and Private Road Standards of the Town of Paradise."

15.02.200210 Section J107.7 Rounding of Fill Slopes, added.

Section J107.7 Rounding of Fill Slopes. All fill slopes shall be rounded/conformed into the existing terrain to produce a contoured transition from fill face to natural ground where conditions permit.

15.02.210220 Section J109.5 Overflow Protection, added.

Section J109.5 Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity.

15.02.220230 Section J110.3 Distrubed Surfaces, added.

Section J110.3 Disturbed Surfaces. All disturbed surfaces resulting from grading operations shall be prepared and maintained to control erosion. Dust from grading operations must be controlled. The owner or contractor may be required to keep adequate equipment on the grading site to prevent dust problems.

15.02.230240 Section J110.4 Rainy Season Grading Precautions, added.

Section J110.4 Rainy Season Grading Precautions.
256

1. The period between the first day of October and the following fifteenth day of April is found and determined to be the period in which heavy rainfall normally occurs in the Town. During this period, regardless of an actual rain event, no grading work in excess of two hundred fifty (250) cubic yards may be commenced on any single grading site if the Town Engineer determines that such work will endanger the public health or safety, or performance of the proposed grading activity is deemed not feasible to protect with erosion control measures, or in the best engineering judgement of the Town Engineer, should not be performed due to other related circumstances. Issuance of Grading Permits of any amount during this time are at the sole discretion of the Building Official/Town Engineer.

2. If grading operations are to be conducted during such period, plans for erosion control devices shall be submitted to the Town Engineer and design approval obtained prior to starting work.

3. All persons performing any grading operations during such period shall put into effect all safety precautions which are necessary to protect public and private property and access ways. All loose dirt shall be removed from the grading site and adequate erosion control or drainage devices, debris basins, or other safety devices shall be installed to protect persons and property from damage of any kind. All temporary erosion control devices, including desilting basins, shall be installed and be operative no later than the first day of November of each year, or as required to comply with local and State erosion control requirements.

Chapter 15.03 2019 2022 CALIFORNIA RESIDENTIAL CODE (TITLE 24, PART 2.5) BASED UPON THE 2019 2021 INTERNATIONAL RESIDENTIAL CODE (ICC)

15.03.010 2019 2022 California Residential Code Title 24, Part 2.5, adopted.

The 2019 2022 California Residential Code, Title 24, Part 2.5 including Appendices "H"" A.H.", "J" "A.J.", "K" "A.K.", "Q" "A.Q.", and "V", "A.W.", and "A.X.", known as the California Residential Code, as published and adopted by the California Building Standards Commission, including the Town's amendments and additions, is hereby adopted by reference and incorporated herein as if fully set forth.

15.03.020 Chapter 1, Division II, Section R105.2, Work Exempt from Permits, added.

14. Floor sheathing, decking and exterior siding repair - limited to 100 square feet of floor sheathing or siding and less than 100 linear board feet of decking.

15. Replacement, repair or overlay of less than 10% not to exceed 100 square feet of an existing roof within any 12-month period, all repairs shall be Class A only.

16. Approved prefabricated carports serving residential land uses open on two or more sides, do not exceed 480 square feet in footprint, are installed per the manufacturer's instructions, and are located in compliance with applicable building or structure setbacks.

15.03.030 Chapter 1, Division II, Section R108.5, Refunds, amended.

The Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit or plan review fee paid when no work or plan examination has been done under an application or permit issued in accordance with this code, provided a written refund application is filed by the original permittee prior to the expiration of the permit. 257
Created: 2022-08-12 14:22:05 [EST]
()

15.03.040 Chapter 1, Division II, Section R108.6, Work Commencing Before Permit Issuance, amended.

Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before first obtaining the necessary permits shall be subject to a penalty equal to the permit fee to be paid in addition to the permit fee when obtaining the building. All fees must be paid prior to release of the permit.

15.03.050 Chapter 2, Section 202, Definitions, added.

New Construction: For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) shall be considered "New Construction" when 50 percent or more of the exterior weight bearing walls are removed or demolished.

15.03.060 Chapter 3, Section R313.2, One and Two-Family Dwellings Automatic Fire Sprinkler Systems, amended.

An automatic residential fire sprinkler system meeting the requirements of NFPA 13D or 13R and Title 24, Part Two, California Building Code, Chapter 9 shall be installed in all new Residential occupancies.

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing building that are not already equipped with an automatic residential fire sprinkler system. Any detached "guest house" as defined in Title 17 of the Paradise Municipal Code and less than 640 square feet will not require a residential fire sprinkler system.

15.03.070 15.03.060 Chapter 3, Section R313.2.2 Alarms, added.

One exterior approved audible sprinkler water flow alarm device shall be connected to every automatic fire sprinkler system in an approved location. Such device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system.

Multipurpose Piping Sprinkler System: In this system, the piping is intended to serve both domestic needs and the fire protection needs from one common piping system throughout the dwelling unit. A passive purge system is a multipurpose type, where a single toilet (or multiple toilets) is supplied in addition to the fire sprinklers.

A single check valve is required in this type of system. Water flow device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Water flow device may have an alarm delay of no more than 90 seconds.

15.03.080 15.030.070 Chapter 3, Section R337.1.3, Exceptions 1 & 2: Accessory Structures and Section R337.5.4 Roof Gutters, amended.

R337.1.3, Exception 1: Buildings of an accessory character classified as Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building (as written in current code).

R337.1.3, Exception 2: Buildings of an accessory character classified as Group U occupancy exceeding 120 square feet in size, based on the exterior measurements of the structure, shall comply with Section R337 and Wildland Urban Interface requirements.

R337.5.4: Roof gutters of a non-combustible material shall be provided with means of preventing accumulation of leaves and debris in the gutter.
258
Created: 2022-08-12 14:22:05 [EST]
()

15.03.090 15.030.080 Chapter 9, Section 902.1, Roofing Covering Material, amended.

All roofing materials shall be installed in accordance with the manufacturer's installation instructions. The entire roof covering of every new structure shall be a minimum Class "A" roof covering. Any roof covering material applied in the alteration, repair or replacement of the roof of the existing structure shall be a minimum of a Class "A" roof covering. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within a one-year period shall be a minimum of a Class "A" roof covering. The owner of any structure regulated by this code shall comply with the provisions of this section relating to roofing materials. 259

Chapter 15.04 2019 2022 CALIFORNIA ELECTRICAL CODE (TITLE 24, PART 3) BASED UPON THE 2017 2020 NATIONAL ELECTRICAL CODE (NFPA)

15.04.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 3, California Electrical Code, including the informative Appendices Annexes "A", "B", "C", "D", "F", "G", "I", and "J" as published and adopted by the California Building Standards Commission, is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.05 2019 2022 CALIFORNIA MECHANICAL CODE (TITLE 24, PART 4) BASED ON THE 2018 2021 UNIFORM MECHANICAL CODE (IAPMO)

15.05.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 4, California Mechanical Code including Appendices "B", "C", and "D", "F", and "G" as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.06 2019 2022 CALIFORNIA PLUMBING CODE (TITLE 24, PART 5) BASED UPON THE 2018 2021 UNIFORM PLUMBING CODE (IAPMO)

15.06.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 5, California Plumbing Code, including Appendices "A", "B", "F", "G", "H", "I", and "J" as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.07 2019 2022 CALIFORNIA ENERGY CODE (TITLE 24, PART 6)

15.07.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 6, California Energy Code, including Appendices "1-A" and "1-B" as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter. 260

Chapter 15.08 2019 2022 CALIFORNIA HISTORICAL BUILDING CODE (TITLE 24, PART 8)

15.08.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 8, California Historical Building Code, including Appendix A as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.09 2019 2022 CALIFORNIA FIRE CODE (TITLE 24, PART 9)

15.09.010 2019 2022 California Fire Code (Title 24, Part 9), adopted.

The 2019 2022 California Building Standards Code, Title 24, Part 9, including Appendix Chapters 4, "B", "B.B.", "C", "CC", "D", "E", "F", "G", "H", "I", "K" and "N" and "O" known as the California Fire Code, as published and adopted by the California Building Standards Commission, including the Town's amendments and additions, is hereby adopted by reference and incorporated herein as if fully set forth.

15.09.020 Chapter 1, Division II, Section 103, Dept. of Fire Prevention, amended.

The California Fire Code shall be enforced by the Fire Prevention Bureau within the Town of Paradise which is hereby established and which shall be operated under the direction of the Fire Chief of the Fire Department. The Fire Chief of the Fire Department may detail to the fire prevention bureau such members of the Fire Department as may from time to time be necessary. The Fire Chief of the Fire Department shall review, authorize, or require technical experts as may be necessary in order to ensure that life and property protection requirements have met the requirements of this and all other Title 24 codes and standards.

Sections 103.1; 103.2; and 103.3 are hereby deleted in their entirety.

15.09.030 Chapter 1, Division II, Section 105.2.3, Time Limitation of Application, amended.

An application for a permit for any proposed work shall expire one (1) year after the date of filing, unless the permit has been issued.

15.09.040 Chapter 1, Division II, Section 106.6.29, Miscellaneous Combustible Storage, amended.

An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork, firewood (retail or storage) or similar combustible material.

15.09.050 Chapter 1, Division II, Section 109.3, Violation Penalties, amended.

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or 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 issued under the provisions of this code, shall be subject to penalties as set forth in section 15.02.210. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
261

15.09.060 Chapter 1, Division II, Section 111.4, 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 $100 or more than $500.

15.09.070 Chapter 1, Division II, Section 113.3, Work commencing before permit issuance, amended.

Any person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to an investigation fee that is equal to 50% of the original permit fee, which shall be in addition to the required permit fees.

15.09.080 Chapter 1, Division II, Section 113.5, Refunds, amended.

The Fire Marshal may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Fire Marshal may authorize refunding of not more than 80 percent of the permit or plan review fee paid when no work or plan examination has been done under an application or permit issued in accordance with this code, provided a written refund application is filed by the original permittee prior to the expiration of the permit.

15.09.090 Chapter 2, Section 202, Definitions, Sky Lantern, added.

SKY LANTERN: An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne.

NEW CONSTRUCTION: For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) shall be considered "New Construction" when 50 percent or more of the exterior weight bearing walls are removed or demolished.

15.09.100 Chapter 3, Section 307.1, General Open Burning, amended.

Burn permits are required for all outdoor burning within the Town of Paradise limits with the exception of barbeque equipment used for the preparation of food and outdoor fireplaces or warming devices used in accordance with the manufacturer's specifications, approved screening not to exceed 3/8 inch opening and in a safe manner.

Residential Burn Permits: Permits shall be issued annually, July 1 through June 30 and may be suspended, restricted, or prohibited as determined by the Fire Chief and a fee in accordance with the Master Fee schedule of the Town of Paradise shall be charged. Permits shall only be valid for the address, and name of the individual cited on the permit. Permits shall not be transferable to other addresses or individuals. Permits may be issued to persons to perform maintenance on residential property, providing the owner of the residential property has given their written consent and that is produced and verified as to the owner of record. The owner shall be responsible for the cost of a Fire Department response caused by the maintenance person as a result of an escape burn in violation of the rules of the burn permit on behalf of the maintenance person. Residential burn permits shall be issued for parcels containing one- and two-family residences, for which an address has been issued by the Town of Paradise, and only for the purpose of maintenance of vegetation growth on the parcel. Garbage, rubbish, demolition, construction debris, lumber, painted or treated lumber, plywood, particle board, petroleum waste, tires, plastics, cloth or other similar smoke producing materials are strictly prohibited from being burned. All requirements provided for on the burn permit must be followed at all times Burn bans shall be strictly adhered to. 262

Failure to follow the burn ban restrictions may result in the requirements of Section 109.3 as amended to apply and any emergency response cost recovery.

Land Clearing Permits: Land clearing permits are issued for a specific timeframe to coincide with the time when open, outdoor burning is permitted and may be suspended, restricted, or prohibited as determined by the Fire Chief. Land clearing permits expire when seasonal burn bans go into effect in the late spring of each year and shall be null and void. Persons burning on the property for which a permit is issued shall be responsible for following all of the requirements of that permit until the permit has expired or is revoked. The Fire Department may revoke the permit at any time due to unsafe conditions, practices, or violations of the permit. Burning of wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes, may be disposed of by open outdoor fires on the property where it was grown, pursuant to the provisions of section 41802-41805 of the California Health and Safety Code and in compliance with the conditions of Butte County Air Quality Management District Rule 300, and authorized by the Town of Paradise Fire Department. Permits are required by both agencies prior to burning. All burning times must be strictly adhered to otherwise it may require another method of disposal. The land clearing burn site must be determined and inspected prior to releasing the permit by the Paradise Fire Department. This site must be the only site authorized to burn once the permit is issued. Any changes in site location will require additional inspections and fees. The owner shall be responsible for the cost of a Fire Department response caused by the maintenance person as a result of an escape burn in violation of the rules of the burn permit on behalf of the maintenance person. Garbage, rubbish, demolition, construction debris, lumber, painted or treated lumber, plywood, particle board, petroleum waste, tires, plastics, cloth or other similar smoke producing materials are strictly prohibited from being burned.

Fuel Reduction Permits: Fuel reduction permits are issued for parcels 2/3 acre or larger on an annual basis July 1 through June 30 may be suspended, restricted, or prohibited as determined by the Fire Chief. Fuel reduction permits expire when the seasonal burn ban goes into effect in the late spring of each year. Persons burning on the property for which the permit is issued shall be responsible for following all of the requirements of that permit as indicated until the permit expires or is revoked. The Fire Department may revoke the permit at any time due to unsafe burning conditions, practices, or violations of the permit. Burning of wood waste from trees, vines, or bushes on existing improved property, may be disposed of by open outdoor fires on the property where it was grown, pursuant to the provisions of section 41802-41805 of the California Health and Safety Code and in compliance with the conditions of Butte County Air Quality Management District Rule 300, and authorized by the Town of Paradise Fire Department. All burning times must be strictly adhered to otherwise it may require another method of disposal. The fuel reduction burn site must be determined and inspected prior to releasing the permit by the Paradise Fire Department. This site must be the only site authorized to burn once the permit is issued. Any changes in site location will require additional inspections and fees. The owner shall be responsible for the cost of a Fire Department response caused by the maintenance person as a result of an escape burn in violation of the rules of the burn permit on behalf of the maintenance person. Garbage, rubbish, demolition, construction debris, lumber, painted or treated lumber, plywood, particle board, petroleum waste, tires, plastics, cloth or other similar smoke producing materials are strictly prohibited from being burned.

Campfires/Bon Fires/Recreational Fires and Special Event Fires: Permits are required for these activities and a permit fee will be charged in accordance with the Master Fee schedule adopted by the Town Council. A minimum of 48 hours' notice is required for the inspection. Such activities shall be in strict conformance with the requirements provided for on the permit and the requirements within Section 307 of the California Fire Code.

Permits are issued on an annual basis to coincide with the time when open, outdoor burning is permitted, unless they are approved by the Fire Chief.

15.09.110 Chapter 3, Section 308.6.3, added.

Sky Lanterns or similar devices. The ignition and/or launching of a Sky Lantern or similar device is prohibited.

Exceptions: Upon approval of the fire code official, sky lanterns may be used as necessary for religious or cultural ceremonies providing that adequate safeguards have been taken as approved by the fire code official. Sky Lanterns 263

must be tethered in a safe manner to prevent them from leaving the area and must be constantly attended until extinguished.

15.09.120 Chapter 5, Section 503.2.1 Dimensions, amended.

Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Exception: Residential driveways shall comply with Town of Paradise Road Standards.

15.09.130 Chapter 5, Section 503.2.3, Surface, amended.

Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus at 75,000 pounds and shall be surfaced so as to provide all-weather driving capabilities.

15.09.140 Chapter 5, Section 503.4.1, Roadway Design Features, added.

Roadway design features (speed bumps, speed humps, speed control dips, etc.) which may interfere with emergency apparatus responses shall not be installed on fire apparatus access roadways.

15.09.150 Chapter 5, Section 503.6, Gates, amended.

The installation of security gates across a fire apparatus access road shall be approved by the Fire Marshal. Where security gates are installed, they shall have an approved means of emergency operation. The emergency gates and emergency operation shall be maintained operational at all times. Electric gate operators are required when serving five or more residential lots, Assembly occupancies, Hazardous occupancies, Institutional occupancies, and Storage occupancies and shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F-2200. Access keypads shall be provided that are coded with the fire department emergency access code as specified. Plans and specifications shall be submitted for review and approval by the Fire Prevention Bureau prior to installation.

15.09.160 Chapter 5, Section 505.3, Map/Directory, added.

A lighted directory map, meeting current Fire Department standards, shall be installed at each driveway entrance to a multiple unit residential project and mobile home parks, where the number of units in such projects exceeds

15. 15.09.170 Chapter 5, Section 507.1.2, Required Water Supply, added.

Group R Division 3 Occupancies (Residential one- and two-family dwellings, mobile homes, manufactured housing, or modular home) shall comply with the fire flow requirements of Appendix "B". Fire Flow may be reduced to 750 GPM at 20 PSI for two hours when the unit is fully protected in accordance with NFPA 13D and there are no exposures of other buildings within twenty (20) feet of each other; otherwise the minimum required water supply capability will be in accordance with Appendix "B". In no case shall the water supply capability be less than 1000 GPM at 20 PSI for two hours within the requirements found in Appendix "B".

The required water supply for a detached "U" occupancy accessory to a Residential one and two family dwelling is not required to meet the water supply requirements of Appendix "B" if the "U" occupancy is less than 1500 square feet and separated from the dwelling unit by a minimum of 20 feet. If both requirements cannot be met then the requirements of Appendix "B" will apply.
264

15.09.180 Chapter 5, Section 510.6.1 Testing and proof of compliance, added.

5. At the conclusion of the testing, a report, which shall verify compliance with Section 510.5.4, shall be submitted to the fire code official. In addition, one complete copy of the report shall be posted in the building, on the wall immediately adjacent to the Fire Alarm Control Panel.

15.09.190 Chapter 9, Section 901.4.2, Non-required Fire Protection Systems, amended.

Any fire protection system not required by this code or the California Building Code shall be allowed to be furnished for complete protection only provided such installed system meets the requirements of this code and the California Building Code.

15.09.200 Chapter 22, Section 2306.2.3, Aboveground Storage Tanks, amended.

The storage of class I, II, and III liquids in aboveground tanks outside of buildings is prohibited in all areas of the Town except in areas zoned as Industrial Services (I.S.).

Exception: The installation of approved listed above ground storage tanks shall be allowed in areas zoned for commercial purposes. Such tanks shall meet with State and County Environmental codes, and the California Fire and Building Code requirements. Aggregate quantities and type(s) of liquid(s) to be stored shall not exceed 2,000 gallons. Tanks shall be located outside of buildings and in accordance with the requirements of the California Fire and Building Codes. On those rare occasions when there may be need for additional tank capacity beyond the 2,000 gallons, the applicant can submit a written request to the Fire Marshal. The Fire Marshal, after evaluating the circumstances, shall have the authority to modify the conditions to the installation of such tanks. Above ground storage tanks used only for heating fuels to heating appliances in areas zoned residential shall meet the requirements of the California Fire Code and the Town of Paradise Administrative policy but in no case shall tanks exceed 250 gallons.

15.09.210 Chapter 56, Fireworks, is deleted, amended.

Refer to Paradise Municipal Code Title 8 Chapter 8.44 for prohibition on fireworks.

The storage of explosives and blasting agents is prohibited within the limits of the Town of Paradise, except for temporary storage between the hours of 6:00 a.m. and 6:00 p.m. for use in connection with blasting operations approved by the Fire Marshal. This prohibition shall not apply to stock of small arms ammunition and supplies for retail or approved manufacturing facilities as outlined under the California Fire Code.

15.09.220 Appendix B, Section B105.2 Exception 1, Reduced Fire Flow, amended.

A reduction in required fire flow of 50 percent is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with section 903.1.1 or 903.3.1.2. The resulting fire flow shall not be less than 1,500 GPM at 20 PSI for prescribed hours provided for in Table B105.1.

15.09.230 Appendix C, Table C105.1, Distribution of Fire Hydrants, added.

Buildings or structures fully protected by an automatic fire sprinkler system and classified as a single-two-family dwelling or a "U" occupancy in accordance with the California Building Code shall provide a fire hydrant within 750 feet of the building or structure by an approved path of travel. All other occupancies must meet the requirements provided for in this table.
265

15.09.240 15.09.230 Appendix D, Table D103.4, Requirements for Dead-End Access, amended.

Table D103.4, Requirements for Dead End Access and Turn Around requirements shall be used as a guide only. The Town of Paradise Fire Department Administrative Policy for turn-around requirements shall be complied with as though set forth in this amendment.

Chapter 15.10 2019 2022 CALIFORNIA EXISTING BUILDING CODE (TITLE 24, PART 10)

15.10.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 10, California Existing Building Code, as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.11 2019 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (TITLE 24, PART 11)

15.11.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 11, California Green Building Standards Code, including Appendices A4 and A5 as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.12 2019 2022 CALIFORNIA ADMINISTRATIVE CODE (TITLE 24, PART 1)

15.12.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 1, California Administrative Code, as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.

Chapter 15.13 2019 2022 CALIFORNIA REFERENCED STANDARDS CODE (TITLE 24, PART 12)

15.13.010 Adoption.

The 2019 2022 California Building Standards Code, Title 24, Part 12, California Referenced Standards Code, as published and adopted by the California Building Standards Commission is adopted by reference and incorporated herein as if fully set forth in this Chapter.
266

Chapter 15.14 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS

15.14.010 Purpose.

A. California Government Code Section 65850.5 provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

B. California Government Code Section 65850.5 provides that in developing an expedited permitting process, the city, county, or city and county shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop such checklist.

15.14.020 Definitions.

A. "Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the Town and Civil Code Section 714(c)(iii), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

B. "Solar energy system" has the same meaning set forth in Civil Code Section 801.5(a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

15.14.030 Review process.

A. The checklist shall be published on the Town's internet web site. An applicant may submit the permit application and associated documentation to the Town's building division in person or mailed together with any required permit processing and inspection fees.

B. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the installation and the maintenance thereof; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads, C. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
267

D. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

E. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval shall not include any necessary approval or permission by a local utility provider to connect the small residential rooftop energy system to the provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

Chapter 15.15 ELECTRIC VEHICLE CHARGING STATIONS

15.15.010 Purpose.

This Chapter aims to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Section 65850.7.

15.15.20 Definitions.

A. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. "Electronic submittal" means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

15.15.030 Expedited Permitting Processes.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The expedited streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California:

Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The Town's adopted checklist shall be published on the Town's website. 268

A. Deems an application to install an E.V. charging station complete if the building official of the city, county, or city and county has not either deemed the application complete or written a correction notice detailing the deficiencies in the application within the following periods:

1. Five business days of the application being submitted to construct at least one and up to 25 charging stations at a single site.

2. Ten business days of the application being submitted to construct more than 25 charging stations at a single site.

B. Deems approved an application to install an E.V. charging station 20 business days after the application was deemed complete for an installation of up to 25 charging stations at a single site, or 40 business days for an installation of more than 25 charging stations if all of the following are true:

1. The building official has not administratively approved or denied the application based on the requirements of AB 1236.

2. The building official has not found that the E.V. charging station could have a specific adverse impact on public health or safety or require the applicant to apply for a use permit.

3. An appeal has not been made to the planning commission of the Town.

15.15.040 Permit Application Processing.

A. Before submitting an application for processing, the applicant shall verify that installing an electric vehicle charging station will not have a specific, adverse impact on public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the Town's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the Town adopted checklist and are consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until the Town grants approval. If the Building Official determines that the permit application is incomplete, they shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in place of a wet signature by any applicant.

15.15.050 Technical Review.

A. This Ordinance intends to encourage the installation of electric vehicle charging stations by removing obstacles to permitting charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon 269

the public health or safety, as defined in this Chapter, the Town may require the applicant to apply for a use permit.

B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

15.15.060 Electric Vehicle Charging Station Installation Requirements.

A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this Ordinance is exempt from CEQA in that it is a Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of the environment.

SECTION 3. This Ordinance shall take effect on January 1, 2023. Before the expiration of fifteen (15) days after its passage, this Ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same. 270

PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this ___ day of ______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Steve Crowder, Mayor
ATTEST:

__________________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, Town Attorney
271
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

RESIDENTIAL AND NON-RESIDENTIAL

CHECKLIST FOR PERMITTING ELECTRIC VEHICLES

AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Job Address: Permit No.
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (Multi-Businesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:

Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____ Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon this checklist being deemed complete, a permit shall be issued to the applicant. However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.

This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California:

Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist. 272
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

Applicant Name:

Applicant Phone & email:

Contractor Name: License Number & Type:

Contractor Phone & email:

Owner Name:

Owner Phone & email:

EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V)
Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________ System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Circuit for EVSE: __________ Amps / __________ Poles 273
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C. (or verify with Inspector in field)
Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
 Connected Load of Existing Panel Supplying EVSE = __________ Amps  Calculated Load of Existing Panel Supplying EVSE = __________ Amps  Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
274
Town of Paradise
Community Development Department
Building Resiliency Center
6295 Skyway
Paradise, CA 95969
(530) 872-6291 x411
Working together to rebuild a thriving community.

For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil - or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or kcmil
(or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.

Signature of Permit Applicant: ____________________ Date: _______________ 275
1 Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director &Town Engineer Ashley Stanley, Engineering Division Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: 2022 Transportation Master Plan-Honey Run Road

LONG TERM
RECOVERY PLAN:

Yes, Tier 1 – Multiple
COUNCIL ACTION REQUESTED:

Upon conclusion of public discussion of the findings of the Transportation Master Plan supplemental Honey Run Road analysis, relating to the Honey Run Road reopening, consider a resolution, or an alternative action:

1. Consider adopting Town of Paradise Resolution No. 2022-____, “A Resolution of the Town Council of the Town of Paradise expressing a desire to reopen Honey Run Road as a Historical Community Route;” or

2. Provide alternative action (ROLL CALL VOTE)
Background:

Funded by a United States Economic Development Administration (EDA) grant, the Town of Paradise (Town) has developed the Town of Paradise Transportation Management Plan (TMP).

Approved by the Town Council in 2022, the TMP is a comprehensive effort to evaluate transportation and economic needs and develop recommendations to support recovery following the 2018 Camp Fire. The TMP included extensive public engagement and ranges in topics including daily and emergency evacuation traffic needs, transportation safety, active transportation, economic analysis, community design standards, engineering details and reestablishment of survey monuments and benchmarks.

The compiled TMP includes reports and plans developed through the EDA grant, that will guide the Town’s Camp Fire recovery by recommending transportation initiatives and strategies consistent with the Town of Paradise Long Term Community Recovery Plan (LTCRP) and updates.

The supplemental tasks to the TMP included an analysis of the alternatives to Honey Run Road for consideration in evaluating the re-opening of the roadway.

Analysis:

Due to safety impacts on the roadway following the 2018 Camp Fire, Honey Run Road has remained closed post-fire. Although the historic road was already in poor condition due to lack of funding for maintenance, it’s historic nature, and limited access pre-fire, the roadway was further impacted by post-fire hazardous tree removal and associated heavy equipment loading 276
2 on the road. As the Town performed studies and sought funding to repair roadways, Honey Run Road remained open within Butte Creek Canyon in Butte County limits only, where the roadway was not impacted.

In alignment with the Long-Term Community Recovery Plan (LTCRP), the Transportation Master Plan (TMP) surveyed the community to determine the desired use of Honey Run Road. Reopening Honey Run Road was identified as the priority (with safety improvements of approximately $80,000, which garnered 63% of the responses), over the other presented alternatives (restrictions on lanes (13%), limit direction of travel (13%), full road closure (6%), “other” (6%)).

In alignment with the TMP survey responses, Staff engaged the Transportation Master Plan consultants to prepare a memorandum presenting the improvements that could be made to increase safety on Honey Run Road. Initially, the team evaluated the minimal safety improvements in the estimated range of $80,000. This option included evaluation of guardrail at the five narrowest sections of Honey Run Road within the Town limits. The repaving costs already funded in the Off System Roads project were not included in the cost estimate; the Off System Road repaving separately rehabilitates Honey Run Road to pre-fire widths of approximately nine feet of travelled way, through the FHWA funded project (2023 Town Paving Plan). Although establishing guardrail at these five narrow sections would increase safety in those roadway cross sections only and is in alignment with the survey response and estimated costs, these minimal improvements are not feasible due to current standards for guardrail termination/safety.

Sufficient length and width on the roadway are required to terminate the guardrail before and after the narrow sections. This is required to ensure the guardrail is not a safety hazard. Thus, the desired, minimal improvement of $80,000 was determined by Staff to be infeasible due to the additional improvements and costs that are necessary for increased guardrail lengths and roadway width improvements it would trigger to maintain two-way traffic (guardrail would narrow the road without additional wall/embankment improvements and costs).

Staff directed the TMP consultants to evaluate additional alternatives to compare to re-opening Honey Run in its existing condition. These alternatives are presented in the Honey Run TMP memorandum.

To meet current roadway design and safety requirements, the following options were presented:

Alternative Roadway Option Estimated Cost Stakeholder Support

1. Two-Way Roadway $6.1M Yes

2. One-Way Southbound Only Roadway $4.4M No

3. Emergency Roadway Only $4.4M No

4. Motor Vehicle Traffic Prohibited $1.9M No
The alternatives presented are significantly more expensive than the community identified desire to re-open Honey Run road with an investment of $80,000 (estimated at the time of the survey, which included guardrail at only the narrow sections). It was determined by Staff that the costs in the alternatives are not in alignment with the survey responses received and level of 277
3 investment desired by the community, and the alternatives are not supported by other stakeholders (County residents, Butte County Public Works, Cal Fire, Paradise Police Department). Additionally, it should be noted that the Town staff heard from the biking community via Chico Velo, who utilizes Honey Run Road as a cycling route, that their preference was to limit local traffic by establishing two-way bicycle traffic only, or two-way bicycle traffic with emergency vehicle access. These suggested options did not have stakeholder support at the Town, County or other stakeholder level, and were not carried forward, but are feasible to pursue if additional support for these options were presented by project stakeholders.

Please see the September 16, 2022 Honey Run Roadway Alternatives Evaluation by Mark Thomas.

Staff seeks Town Council recommendation on how to proceed with re-opening Honey Run Road, in consideration of the Stakeholder input, costs for improvements, and the 2023 Town Paving Plan.

Environmental Analysis:

The Town of Paradise Transportation Master Plan is considered exempt from CEQA pursuant to Public Resources Code 21080(b)(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

Financial Impact:

There is no financial impact by passing this Resolution. Existing Town Staff will implement the Resolution within the FHWA funded and locally matched Off System Roadway repaving project. 278
1 OF 9

MEMORANDUM
To: Marc Mattox, PE Project No.: SA-21111
Cc: Ashley Stanley, PE
From: Paul Martin, PE, TE
Date: September 16, 2022
RE: Honey Run Roadway Alternatives Evaluation
As requested by the Town of Paradise, we have prepared this memorandum discussing the current conditions of Honey Run Road and engineering considerations to re-open the roadway to public use following the 2018 Camp Fire.

Study Area
Honey Run Road parallels Skyway, traveling within Butte Creek Canyon and adjacent to Butte Creek, before ascending in grade to the elevated ridge area where the Town of Paradise is located. Honey Run Road traverses a length of approximately 9.75 miles between Skyway in unincorporated Butte County near State Route 99 (SR-99), at its west end, and Skyway in the Town of Paradise north of Pearson Road, at its east end. The westerly 6.5 miles of the roadway parallels the creek with gentle curves and minor grades. Around mile 6.5, the roadway narrows, and the centerline striping is omitted to convey slower travel speeds and heightened caution for opposing traffic.

The roadway begins to rise in grade higher than Little Butte Creek as it ascends towards the Town of Paradise with curves becoming sharper and more frequent. Around 8.0 miles, the roadway enters the Town of Paradise, and around mile 9.75, Honey Run terminates at Skyway north of Pearson Road. This memorandum focuses on the

1.75-mile length of Honey Run within the Town of Paradise. Refer to Attachment A showing the project study location.

Current Roadway Layout
Honey Run Road before the Camp Fire typically has provided for two-way vehicular travel linking unincorporated Butte County with the Town of Paradise. The roadway is historically popular with cyclists given the length, natural beauty, and low motor vehicle traffic volumes.

Honey Run Road is an older roadway and has not been constructed to modern engineering standards; as a result, it is typically lacking the following elements:

1. Structural base under the asphalt paving.

2. Guardrails to minimize severity of potential errant vehicles leaving the roadway. Note that prior to the Camp Fire, trees provided a de-facto guardrail treatment. These trees were impacted by the fire or post fire hazard removal and are no longer providing slope stabilization or protection from leaving the roadway.

3. Graded or paved shoulders.

4. Motorist turnaround areas to change direction.

5. Wider roadway areas for passing of stopped, parked, or immobilized vehicles. 279
2 OF 9
There is currently a soft closure in effect via signage at the intersection of Honey Run Road and Honey View Terrace within the Town of Paradise, for traffic leaving town and traveling westerly towards Butte County. The road closure is in place due to the Camp Fire impacts to the road and trees. Since the roadway has been signed as closed, typical daily traffic volumes cannot be measured.

While the roadway has a “soft closure” through signage, members of the public have continued to utilize the roadway infrequently. It should be noted that the Butte County portion of the road remains open and is scheduled for repaving. In addition, increased graffiti along the roadway has been observed, with graffiti painted directly upon the asphalt.

Within the Town limits, paving rehabilitation on Honey Run Road has been designed, funded, and is scheduled for implementation in 2025. However, stormwater flows have been modified due to changes to the area natural landscape following the Camp Fire devastation and the dead tree removal program. This modified stormwater flow activity has caused rapid erosion of the hillside and drainage areas along and across the roadway. The modified stormwater drainage patterns are believed to cause rapid failure of pavement in vulnerable areas and the road will need additional mitigating improvements to position for any potential paving project.

Current Roadway Dimensions
Recent measurements at five Honey Run road locations indicate the roadway varies in width between 10.5 feet and 18.8 feet, and clear zone width ranges between 0 and 3.4 feet. Where the clear zone is narrow or near zero feet, there is inadequate room to install standard guardrails. Refer to Attachment B showing recent photographs of Honey Run Road.

Typical Two-Lane Roadway Dimensions
Town of Paradise, Butte County, and American Association of State Highway and Transportation Officials (AASHTO) standards were reviewed to evaluate the design of the two-lane roadway. Roadway dimensions account for the following criteria:

1. Roadway classification and designation (includes public and private roadways)

2. Provision of two-way motor vehicle travel, or one-way travel

3. Existing or anticipated traffic volumes
Table 1 provides a summary of engineering standards with guidance for typical dimensions of a two-lane roadway.

280
3 OF 9
Table 1 – Typical Dimensions for Two-Lane Roadway
Source Roadway Type Minimum Paved
Road Width (feet)
Minimum Clear
Zone (feet)
Town of Paradise (2022) Local Road 24 4
Town of Paradise (1971) Interior Street, Residential-Public Maintained (Standard B-1)
24 0-2.5
AASHTO1 Low-Volume Road in Rural Area
(400 Vehicles per day or less)
18 0-6
Butte County2 Rural Subdivision Private Road
(Standard RS-7)
20 6
Butte County2 Paradise Sphere of Influence
Private Drive-Double Dwelling
(Standard PS-2)
16 2

1. AASHTO Guidelines for Geometric Design of Low-Volume Roads, Second Edition, 2019

2. Butte County Public Works Improvement Standards, v20200219 The minimum paved area is intended for vehicle travel, while the clear zone is an area that is free of obstruction and sufficiently flat to enable an errant vehicle to encroach without overturning. The clear zone width is measured from the edge of traveled way to the nearest obstruction or the beginning of a non-traversable slope.

Shoulders are part of the clear zone. The clear zone can also often allow for temporary parking or disabled vehicles to park to reduce roadway blockage. Where clear zone cannot be provided, a guardrail may be installed to prevent errant off-road travel when adjacent to steep hillsides.

Alternatives for Consideration
Given the Honey Run Road is currently closed, an opportunity exists to consider other layouts serving a variety of multimodal needs such as:
• Public motor vehicle traffic
• Emergency only traffic
• Active transportation travel (cycling and walking)
Based on the review of existing conditions, roadway standards, and needed improvements, the following Honey Run Road alternatives are presented for consideration:

1. Alternative 1: Two-Way Roadway: Improve Honey Run Road to include a minimum paved road width of 20 feet, and a minimum unpaved clear zone of 2 to 6 feet in both directions, with guardrails and turnaround areas as needed.

2. Alternative 2: One-Way Southbound Only Roadway: Improve Honey Run Road to include a minimum paved road width of 16 feet. The roadway could include a 6-feet wide striped left shoulder and a 10-feet wide travel lane, with guardrails and pullout areas as needed. The roadway would facilitate motor vehicle traffic in the southbound direction only, and cyclists can ride downhill in the travel lane and uphill in the shoulder.

3. Alternative 3: Emergency Only Roadway: Improve Honey Run Road to include a minimum paved road width of 16 feet. The roadway could include a 6-feet wide striped left shoulder and a 10-feet wide travel lane, with guardrails and pullout areas as needed. The roadway would facilitate emergency vehicle traffic only, and cyclists can ride downhill in the travel lane and uphill in the shoulder. 281
4 OF 9

4. Alternative 4: Motor Vehicle Traffic Prohibited: Close Honey Run Road to all motor vehicle traffic and provide minor improvements with fencing and asphalt improvements to accommodate walking and cycling activity only.

Refer to Attachment C showing cross-sections for the Honey Run Road alternatives presented above.

Construction Cost Estimate Parameters
We have prepared a conceptual construction cost estimate for the alternatives based on the following parameters:

1. Alternative 1: Two-Way Roadway:
a. Paved roadway width of 20 feet
b. Shoulders/Clear Zone of 2 feet on both sides
c. Guardrail installation for 3,000 feet
d. 10 feet of widening into the hillside (opposite creek side) e. Lump sum of $1,000,000 for retaining walls
f. Contingency of 25%
g. Cost for minor or miscellaneous items of 10%

2. Alternative 2: One-Way Southbound Only Roadway:
a. Paved roadway width of 16 feet
b. Shoulders of 2 feet on both sides
c. Guardrail installation for 3,000 feet, including 1000 feet of cast-in-place/precast concrete beams d. 6 feet of widening into the hillside (opposite creek side) e. Lump sum of $500,000 for retaining walls
f. Contingency of 25%
g. Cost for minor or miscellaneous items of 10%

3. Alternative 3: Emergency Only Roadway:
a. Same parameters as Alternative 2

4. Alternative 4: Motor Vehicle Traffic Prohibited:
a. Paved roadway width of 12 feet
b. Shoulders of 2 feet on both sides
c. Guardrail installation for 5,280 feet
d. Contingency of 25%
e. Cost for minor or miscellaneous items of 10%
The conceptual cost estimate for improving Honey Run Road is only provided within the Town of Paradise, and a similar funding amount would need to be provided by Butte County to provide consistency in the improvements within the unincorporated County area.

Alternatives Evaluation
Any selected Honey Run Road alternative would need to be coordinated with Butte County for consistency including paving and other engineering improvements. Potential roadway widening within Butte County likely would need to be implemented for approximately 1.5 miles in length.
282
5 OF 9
Table 2 provides an evaluation of various alternatives for the traffic operations and layout of Honey Run Road and the anticipated costs for construction and ongoing maintenance.

Table 2 – Alternatives Evaluation
Alternative Motor Vehicle
Traffic Served?
Emergency
Traffic
Served?
Comfort for
Bicycle and
Pedestrian
Traffic?
Estimated
Construction
Cost
Anticipated
Annual
Maintenance
Cost
1 - Two-Way Roadway Two-Way Daily Yes Low $6.1 million Highest 2 - One-Way Southbound
Only Roadway
Southbound
Only Yes Low $4.4 million Moderate
3 - Emergency Only
Roadway
Emergency
Only Yes High $4.4 million Moderate
4 - Motor Vehicle Traffic
Prohibited None No High $1.9 million Lowest
As shown above, the alternatives provide a range of multi-modal and emergency accommodations; funding for implementation and ongoing maintenance would need to be identified and balanced with other community priorities.

Recommendations
Based on review of current conditions and applicable standards, this memorandum has evaluated various improvement alternatives for Honey Run Road. Given the roadway has been effectively closed to regular motor vehicle traffic, and the high cost for improvements to restore daily operations, we recommend the Town consider on-way southbound travel only or permanent closure; Alternatives 2-4. Limited available capital funding can be applied to other roadways within the community to serve both daily traffic needs as well as emergency evacuation needs.

Please contact me with any questions - Paul.
283
6 OF 9

ATTACHMENT A – PROJECT STUDY LOCATION

284
Honey Run Road
Project
Location

TOWN OF PARADISE

COUNTY OF BUTTE

PEARSON RD

OAK WAY OAK WAY

SAWMILL RD

ELLIOTT RD
FOSTER
RD

S LIBBY RD

OLIVER RD OLIVER RD
LUCKY

JOHN RD

ROCKY LN ROCKY LN

BILLE RD

BUSCHMANN RD

BENNETT
RD

PENTZ RD PENTZ RD
ROE RD

NEAL RD

PONDEROSA
WAY

WYCLIFF
WAY

ALMOND ST ALMOND ST

WAGSTAFF RD

VALLEY VIEW DRVALLEY VIEW DR
NEW
SKYWAY
HONEY
RUN RD
RUN RD
SKYWAY

CLARK RD

CLIFF DR

CLARK RD

OLD SKYWAY
SKYWAY
SKYWAY
191
Project Location
0 0.25 0.5 1
Miles
285
7 OF 9

ATTACHMENT B – RECENT SITE PHOTOGRAPHS

286
8 OF 9

Honey Run Road – Existing Conditions
Honey Run Road – Graffiti and pavement failure along downhill edge

287
9 OF 9

ATTACHMENT C –ALTERNATIVES CROSS-SECTIONS

288
289

TOWN OF PARADISE
RESOLUTION NO. 2022-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

EXPRESSING A DESIRE TO REOPEN HONEY RUN ROAD AS A HISTORIC

RURAL COMMUNITY ROUTE
WHEREAS, the United States and Butte County possess a rich collection of historic roads that range from scenic overlooks to utilitarian routes that embody local craftsmanship and environmental accommodation; and WHEREAS, many of these historic roads offer a unique contribution to the historic fabric of communities and regions, including the Town of Paradise and Butte County; and
WHEREAS, Honey Run Road is a historic road with a rich legacy that has permitted its travelers to access and experience unique and remote portions of the Town of Paradise and Butte County that cannot be experienced in any other location; and
WHEREAS, the Town and adjacent Butte County residents and Butte County desire the road to be open for vehicular and bike travel; and WHEREAS, Honey Run Road is not a Town of Paradise evacuation route due to its discharge into Butte Creek Canyon; and
WHEREAS, the road parallels Skyway in a circuitous route because it winds to the canyon floor and hugs the hillside; and
WHEREAS, as a result, the road is narrow and does not comply with current Federal, State or Local transportation safety standards, resulting in dangerous circumstances for vehicular traffic if appropriate caution is not undertaken while traveling this route; and
WHEREAS, the road was significantly damaged during the Camp Fire; and WHEREAS, Town staff has analyzed the feasibility of rehabilitating and reconstructing Honey Run Road and determined that it would require substantial road widening to establish current roadway and safety standards, and other significant improvement measures that would only benefit a low volume of daily traffic, are a significant cost, and would only improve the portion of the road in the Town of Paradise; and
WHEREAS, the Town desires to honor the historical richness to which Honey Run Road contributes and to enable Town and County residents to utilize the road for infrequent scenic trips or to access specific remote areas in as safe a manner as possible.
290
NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

SECTION 1. The above facts are true and correct and are incorporated by reference as if fully set forth herein.

SECTION 2. Honey Run Road should be reopened as an historical “Historic Rural Community Route” in the future, following pavement restoration by the Town to establish a minimum width of nine feet of travelled way, which is estimated to occur in 2023.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
__________________________
Steve Crowder, Mayor
ATTEST:
____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
____________________________
Scott E. Huber, Town Attorney
291
Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(d)
ORIGINATED BY: Marc Mattox, Public Works Director/Town
Engineer
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: 2022 CDBG Sidewalk Infill Project

LONG TERM
RECOVERY PLAN:

Yes, Tier 1
COUNCIL ACTION REQUESTED:

1. Consider awarding Contract No. 9417.CON, 2022 CDBG Sidewalk Infill Project to All American Construction, Inc. of Live Oak, CA in the amount of their base bid, $456,862.00; and,

2. Authorizing the Town Manager to execute an agreement with All American Construction, Inc. relating to Contract No. 9417.CON and to approve contingency expenditures not exceeding 25%. (ROLL CALL VOTE)
Background:

Community Development Block Grant funds may be used for certain public facilities construction including installation of new sidewalks in areas with key benefits to the community. In recent months, the Town’s Housing Department has identified $600,000 in available budget for this use, and if expended swiftly would be helpful to the Department’s overall goals and objectives.

With this in mind, staff has identified the CDBG Sidewalk Infill Project for design and construction.

The project involves the installation of Americans with Disability Act (ADA) compliant sidewalks within the public right-of-way in the Town of Paradise, along Skyway. The project will improve pedestrian safety by connecting discontinuous portions of existing sidewalk in locations where people must currently walk along the street. The limits include Skyway between Neal Road and Pearson Road, and Skyway between Center Street and Bille Road.

The benefits of this project are many, including connectivity to the following destinations:
- Downtown corridor community services, restaurants and shops - Low-Moderate Income Housing
- Town Hall
- Building Resiliency Center
- Transit stops
- Local grocery stores
Staff has designed the subject project in-house and completed required federal and state environmental reviews. The expeditious design was leveraged by donated services from the Rebuild Paradise Foundation. The Foundation graciously utilized their staff and equipment to fly the project corridor with specialized drone equipment. The outputs of their work enabled staff to create specialized project exhibits for construction documents and calculations. Continued 292
partnerships like this are invaluable to the Town’s success and recovery efforts.

On July 12, 2022, Paradise Town Council adopted a resolution approving the plans and specifications for the 2022 CDBG Sidewalk Infill Project while directing staff to advertise for bids on the project.

Analysis:

On October 4, 2022, 4 bids were received and publicly opened at the Town Clerk’s Office. A list of bids received are shown in the table below:

Bid No. Item Description Base Bid Amount
X Engineer's Estimate $ 700,000.00
1 All American Construction, Inc. $ 456,862.00
2 Franklin Construction, Inc. $ 533,145.00
3 ST Rhoades Construction $ 656,945.20
4 CO-T Construction $ 739,321.14
Per the contract specifications, the award of the contract, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid and any additive bid items chosen by the Town, whose bid complies with all the requirements prescribed.

Staff is recommending award of Contract No. 9417.CON, 2022 CDBG Sidewalk Infill Project to All American Construction, Inc. the amount of their base bid $456,862.00.

If awarded, staff expects construction to begin this winter with completion expected early 2023.

Financial Impact:

Staff had prepared an Engineer’s Estimate for the project at $700,000 to be funded $600,000 using allocated Community Development Block Grant funds and $100,000 from Local Transportation Funds currently budgeted in the 2022/2023 Disaster Recovery & Capital Improvement Program. With the reduction in project costs, staff proposes to fund the project entirely through CDBG allocations, with an increased contingency amount to handle unforeseen project needs. Actual costs will be allocated as follows:

Contract Items CDBG
Base Bid $456,862
Construction Contingency (25%) $114,215
Construction Management (5%) $28,923
Total $600,000
Unused Local funds will be reallocated in 2023/2024 budget cycle to various Town Projects. 293

Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(e)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: CDBG-DR Infrastructure Urgent Need Resolution

LONG TERM
RECOVERY PLAN:

No.

COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2022-__ , “A Resolution of the Town Council of the Town of Paradise Authorizing and Approving Execution of a Grant Agreement to Receive an Allocation of Funding from the 2018 CDBG-DR Infrastructure Program and any Forthcoming Amendments, Thereto.”
Background:

On January 27, 2020, United States Department of Housing and Urban Development (HUD) published Federal Register Notice 85 FR 4681 allocating $1,017,399,000 in CDBG-DR funding, related to the Federal Emergency Management Agency (FEMA) Major Disaster Declarations DR4382 from July to September 2018 and DR-4407 in November 2018. The California Department of Housing and Community Development (HCD) is the grantee responsible for administering the CDBG-DR funds allocated to the State of California. CDBG-DR supports the State of California’s unmet recovery needs related to the Federal Emergency Management Agency (FEMA) Major Disaster Declarations DR- 4382 from July to September 2018 and DR-4407 in November 2018.

Recognizing unmet infrastructure recovery needs, related to DR-4382 from July to September 2018 and DR-4407 in November 2018, HCD allocated $317,428,488 of the CDBG-DR funding to the Disaster Recovery Infrastructure Program (DR-Infrastructure). DR-Infrastructure projects are funded to assist with meeting the unmet infrastructure needs of local communities. This program provides funding for FEMA Public Assistance (PA) match projects, FEMA Hazard Mitigation Grant Program (HMGP) match projects, other non-FEMA match projects, and stand-alone projects identified by local communities impacted by DR-4382 or DR-4407.

On February 8, 2022, Paradise Town Council adopted Resolution No. 2022-12, a resolution of the Town Council of the Town of Paradise declaring certain projects critical to Camp Fire recovery with unfunded needs for consideration in the CDBG-DR Infrastructure Program (DR-4407).

On August 19, the Town of Paradise was formally notified by California Housing and Community Development that of the $317M made available for allocations, the Town would be recipients of $199,592,735.75 for implementation of identified projects in the program.

On September 15, 2022, The Town of Paradise Town Council approved a proposed Action Plan for the allocation of funding received through the CDBG-DR Infrastructure Program. 294
Analysis:

As a component of the administration of CDBG-DR Infrastructure funding, the Town of Paradise is required to adopt a resolution for specific items including designation of authorized staff to enter into, execute, and deliver agreements and any and all subsequent amendments, thereto, with the State of California.

Financial Impact:

There are no new financial impacts associated with this action item. 295

1 TOWN OF PARADISE
RESOLUTION NO.2022-_____

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE

AUTHORIZING AND APPROVING EXECUTION OF A GRANT AGREEMENT TO RECEIVE AN ALLOCATION OF FUNDING FROM THE 2018 CDBG-DR

INFRASTRUCTURE PROGRAM AND ANY FORTHCOMING AMENDMENTS,

THERETO
BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

SECTION 1:

The Town Council of the Town of Paradise has reviewed the State of California’s CDBG-DR Action Plan for 2018 disasters and, hereby, approves the execution of a Standard Agreement between Town of Paradise (“Subrecipient”) and the California Department of Housing and Community Development (“HCD”), allocating to the Subrecipient the aggregate amount, not to exceed, $199,592,735.75 (“Grant”).

The Town Council agrees to perform infrastructure-development-related activities, as further detailed in the Standard Agreement and consistent with the applicable Disaster Recovery Infrastructure Program (DR-Infrastructure) Policies and Procedures, as the same may be amended from time to time.

SECTION 2:

The Town Council hereby authorizes and directs the Town Manager or designee, Public Works Director/Town Engineer, to enter into, execute, and deliver the Standard Agreement and any and all subsequent amendments, thereto, with the State of California for the purposes of the Grant.

SECTION 3:

The Town Manager or designee, Public Works Director/Town Engineer, is authorized to execute and deliver all project applications and any and all related documentation required to effectuate the terms of the Standard Agreement, and to act on the Town’s behalf in all matters pertaining to all such applications and documentation, thereof.

SECTION 4:

If an application is approved, the Town Manager or designee, Public Works Director/Town Engineer, is authorized to enter into, execute, and deliver all Notice(s) to Proceed, and any and all subsequent amendments, thereto, with the State of California for the purposes of the Grant.
296

2 SECTION 5:

If an application is approved, the Town Manager or designee, Public Works Director/Town Engineer, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California, from time to time, in connection with the Standard Agreement for purposes of the Grant.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Paradise held on October 11, 2022 by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
__________________________
Steve Crowder, Mayor
ATTEST:
____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
____________________________
Scott E. Huber, Town Attorney
297

3 STATE OF CALIFORNIA
Town of Paradise
I, Dina Volenski, Town Clerk of the Town of Paradise, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted at a duly noticed and convened meeting of said Town Council on October 11, 2022, and that such resolution has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. __________________________________________
Dina Volenski, Town Clerk of the Town of Paradise,
State of California

By: _____________________________________
Name and Title*
298
1 Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(f)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Town of Paradise Facilities Update & Budget Adjustment

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Consider revising and approving requested budget adjustments for various repairs and improvements for Town Hall, Paradise Police Department and Fire Station 81. (ROLL

CALL VOTE)
Background:

Deferred Maintenance
On October 10, 2017, Paradise Town Council awarded a contract to perform a complete facilities condition assessment. The field data collection and condition assessments are meant to capture information of all major building systems to the individual component level, including all components considered capital repair items (as opposed to maintenance level items). A list of their assessment categories is provided below:

General Air Conditioning System
Roofing System Electrical System
Plumbing Building Envelope
Structural Components Site Paving
Life Safety/Security
The 2017 Facilities Condition Assessment estimated the following investments (converted to 2022 dollars) by the Town to continue to support basic operations at each of the facilities:

Year 1 $0.5M
Year 1-3 $1.5M
Year 3-10 $4.5M
Total $7.0M
Facilities investments since the report for Town Hall and smoke damage restoration with new carpet and paint. Police and Fire each have had several minor projects addressed including replaced HVAC units as required.

In the 2022/2023 Budget, $200,000 has been identified for remodels and repairs at Fire Station 81 to improve security and address staffing needs in bathroom and locker facilities. 299
2 Insurance
The 2018 Camp Fire destroyed five Town-owned structures including the Public Works Corporation Yard. Public Works had been temporarily relocated in a mobile trailer for 15+ months followed by another temporary move to a single-family residence purchased by the Town near Paradise Police Department at the corner of Black Olive Drive and Cedar Street.

The Town of Paradise reached a verbal agreement with the Town’s insurance carrier to settle outstanding losses for structures which the Town intended to replace as well as structures the Town intended to use proceeds elsewhere. Paradise Town Council directed staff in closed session in January 2022 to finalize an agreement as soon as possible. This direction was provided to the Town’s insurance carrier immediately. After five months of inactivity by the Town’s insurance carrier, the global economy had significantly changed with cost increases nearly reaching 10%. With this in mind, staff asked for an adjustment to the fall 2021 agreed-to amount and was rejected and advised that additional work on their side was necessary. Since this time, the Town’s insurance carrier has been non-responsive with no progress to report as costs continue to rise.

The lack of progress through insurance is significantly affecting the Public Works Maintenance Division as staff continues to report to a single-family residence-style structure in lieu of a fully purposed Corporation Yard. Most critically, however, all of the Town’s new equipment located at the open land at 933 American Way continue to be damaged by extreme weather conditions in the summer and winter months.

Furthermore, the delays are causing Station 82 relocation and construction efforts to remain stagnant.

Town Staffing & Workplace Needs
As the Town continues to recover from the 2018 Camp Fire, all departments have been required to increase staffing levels to meet the new demands of the work.

Community Development Department
Shortly after the fire, the Community Development Department opened the Building Resiliency Center – housing now 25 employees as the one-stop location for all services in the department. Over $300,000 was required to retrofit and open the facility.

Paradise Police Department
As Paradise Town Council is aware, Paradise Police Department is working to bring back dispatch services which have been contracted out to Butte County. Reinstituting these services has had an increased infrastructure costs with employee workspaces and equipment.

Public Works Engineering
Most recently, Paradise Town Council has approved additional positions to deliver a funded capital improvement program exceeding $300M. These new hires have new constraints at Town Hall which will require adjustments to office spaces and organization. 300
3 Analysis:

Staff is seeking budget adjustments across multiple departments to address urgent facility needs as follows:

Fire Station 81: Increase budget from $200,000 to $300,000. After reviewing prevailing wage work quotes, staff is concerned the original facilities budget for work identified is not adequate. The current FY 2022-23 budget of $200,000 includes $150,000 from American Rescue Plan Act (ARPA) funds, and an additional $50,000 from Measure V funds.

Police Department: Increase budget an additional $50,000 for various items of work needed for dispatch restoration that were not previously included in the total project estimate. Overall, the current FY 2022-23 budget includes $1,1650,000 from the ARPA funds for investment in dispatch restoration work.

Town Hall: Increase General Fund budget from $5,000 to $200,000. With increased staffing, an opportunity exists to address critical infrastructure needs as well as deferred maintenance. Staff is proposing to remove and replace the existing retaining wall on the north side of the building, restabilize existing HVAC units, installation of windows/emergency exits in selected offices spaces, installation of new office walls and supporting items of work. This investment in Town Hall will help extend the useful life of the building.

If approved, staff is proposing to formally advertise for three projects (one per facility) immediately.

Contract awards would return to Town Council in November 2022.

Separately, staff is seeking direction on an approach moving forward for resolving outstanding issues with insurance.

Financial Impact:

As noted previously, staff is requesting various budget adjustments from the General Fund to complete the projects at each location. Funding for the projects will come from either American Rescue Plan Act allocations or unassigned General Fund reserves. A full accounting of funding source breakdown will be presented at the time of award when actual cost information is known. 301
Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(g)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Stearns Rd Dry Creek Culvert Emergency

LONG TERM
RECOVERY PLAN:

N/A
COUNCIL ACTION REQUESTED:
a) Consider adopting Resolution No. 2022-__, “A Resolution of the Town Council of the Town of Paradise accepting Contract No. 9418.CON, Stearns Rd Dry Creek Culvert Emergency Repairs, performed by Visinoni Brothers, Inc.” (ROLL CALL VOTE) Background:

During the course of normal work, the Public Works Department discovered a pothole along Stearns Road in the vicinity of the Dry Creek drainage. Upon further inspection, the pothole was in fact a void in the roadway caused by erosion associated with a failed culvert. The culvert in question is approximately 72” in diameter and is of corrugated metal pipe material. The pipe itself has rusted significantly, exposing bare earth along the flowline. This degradation altered the flow of water and began slowly undermining the roadway surface until the void was discovered. As a result of this condition, Public Works immediately put in place a roadway closure to ensure regular or emergency traffic does not drive over the comprised roadway, causing further failure and/or injury.

A location map and photos of the existing conditions are attached to this Agenda Summary.

On June 14, Paradise Town Council declared an emergency to repair or replace culvert and make repairs to the roadway. This declaration was critical to shorten the amount of time whereas an emergency evacuation route is unavailable as the Town enters the 2022 fire season.

Since the declaration, Town staff received multiple quotes for various iterations of a planned scope of work to make repairs. A signed agreement with Visinoni Brothers, Inc. is included in this Agenda Summary. The cost of repairs will be made on a time and materials basis with a not to exceed amount of $192,797.50. With the contract executed, material orders have been placed with anticipated 6-8 week lead times. The contractor is working with suppliers on the status of the emergency to explore expedited delivery options, if available.

Monthly updates at regular Council meetings will be provided until the emergency has been fully mitigated.

Analysis:

Construction began in late August and the failed pipe has been replaced. All work has been completed to project standards and the roadway has been reopened. Upon investigation, staff was able to confirm had the emergency not been declared and immediate action taken, a significant risk existing for complete roadway collapse, injury to the public and environmental impacts from the collapse.
302
Financial Impact:

The cost of the repairs will not exceed is $157,776.53, under the initial project budget and will be paid from local drainage funds.

Damage
Location
303
Figure 1 - Stearns Road Void Caused by Erosion
304
305

TOWN OF PARADISE
RESOLUTION NO. 2022-___

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

PARADISE ACCEPTING THE WORK PERFORMED UNDER THE

STEARNS ROAD DRY CREEK CULVERT EMERGENCY REPAIRS
(CONTRACT NO. 9418.CON).

WHEREAS, on June 14, Paradise Town Council declared an emergency to repair or replace culvert and make repairs to the roadway. This declaration was critical to shorten the amount of time whereas an emergency evacuation route is unavailable as the Town enters the 2022 fire season; and
WHEREAS, the Town of Paradise has heretofore contracted with Visinoni Brothers, Inc. for certain work performed under that certain project known as the Stearns Road Dry Creek Culvert Repairs, being Contract No. 9418.CON; and WHEREAS, said work of improvements, as called for by the contract between the Town of Paradise and Visinoni Brothers, Inc., referable to said project was substantially completed on September 22, 2022 to the satisfaction of the Town; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town Council of the Town of Paradise that it hereby accepts the work performed on those certain improvements, the subject of a contract between the Town of Paradise and Visinoni Brothers, Inc., known and referred to as the Stearns Road Dry Creek Culvert Repairs.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
__________________________
Steve Crowder, Mayor
ATTEST:
____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
____________________________
Scott E. Huber, Town Attorney
306
Town of Paradise
Council Agenda Summary
Date: October 11, 2022
Agenda Item: 6(h)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Category 4 Arborist Services Contract NTE Increase

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. Consider approving Amendment to Agreement between the Town of Paradise and P31, increasing the Not to Exceed amount for Category 4 Arborist Services; and, 2.

Authorizing the Town Manager to sign the agreement. (ROLL CALL VOTE) Background:

On June 12, 2022, the Town of Paradise entered into an Agreement with P31 Enterprises (Contractor) to provide professional arborist services to support the assessment phase of the Category 4 Tree Removal Program (Paradise Tree Removal Program). The initial amount of the Agreement was not to exceed (NTE) $200,000 for arborist services by the Contractor for the Town.

On September 13, 2022, Council amended the contract to increase the NTE amount to $650,000 due to the large number of applications received for the program. This increase allowed Town staff to continue accepting applications for the assessment phase of the program.

As of the enrollment deadline for the assessment phase of the program, September 30, 2022, 582 applications have been received, totaling 1,083 acres. 308 have been assessed, with 3,022 eligible trees, to date. This response has far exceeded our expectations and is great news for the removal of as many hazard trees as possible through this program.

Analysis:

Town staff estimates that if all properties enrolled by the deadline were assessed, the cost would exceed the current Not to Exceed (NTE) amount of $650,000 by about $90,000. There are two options available to move forward at this point:

1. Keep the current NTE amount in place and notify the properties that would exceed the NTE that they will not be assessed and are not eligible to have their trees removed in phase 2.

2. Increase the NTE by $90,000 to allow all properties with applications submitted by the deadline to be assessed and be eligible for tree removal in phase 2. 307
Financial Impact:

The total available within the FEMA Hazard Mitigation Grant Program for Phase 1 assessment is currently $650,000. Additional funding for assessment in Phase 1 would come from the General Fund. Town Staff is working on several options to reduce the cost to the General Fund as much as possible, however in the event those avenues are not available, the General Fund would be impacted by the amount needed to assess the remaining enrolled properties, which is estimated to be $90,000. Any increase in the NTE amount would only be expended when the properties are assessed.
308