San Jacinto City Council
December 6, 2022

STATE OF CALIFORNIA ) ORDINANCE NO. 22-15

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING CHAPTER 10.08
(COMMERCIAL VEHICLE ROUTES) OF TITLE 10
(VEHICLES AND TRAFFIC CODE) OF THE SAN JACINTO

MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th Cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th Cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Mobility Action M-1e states that the City shall “review and update the City’s designated commercial vehicle routes as needed while considering the potential mobility conflicts and the location of sensitive land uses in the City”;
WHEREAS, specifically, the City Council wishes to make certain amendments to Chapter 10.08 (Commercial Vehicle Routes) of Title 10 (Vehicles and Traffic Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and

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Packet Pg. 1121 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-15

WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6
th Cycle Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 2. The City Council has certified the Final EIR pursuant to the California Environmental Quality Act and adopted Findings of Fact and a Statement of Overriding Considerations for the General Plan 2040. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final EIR and adopting the Findings of Fact, and Statement of Overriding Considerations for the General Plan 2040.

SECTION 3. Chapter 10.08 (Commercial Vehicle Routes) of Title 10 (Vehicles and Traffic Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

SECTION 4. The City Council hereby authorized the City Manager or his or her designee is authorized to make minor modifications to the Municipal Code to address inconsistencies, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

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Packet Pg. 1122 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-15

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer

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Packet Pg. 1123 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-15

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-15 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-15 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of Decembr, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 1124 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-15

EXHIBIT “A”
AMENDMENTS TO CHAPTER 10.08 (COMMERCIAL VEHICLE ROUTES) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN JACINTO MUNICIPAL CODE

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Packet Pg. 1125 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040 - Second Reading of Chapter 10.08 COMMERCIAL VEHICLE ROUTES Page 1/3
Chapter 10.08

COMMERCIAL VEHICLE ROUTES
Sections:

10.08.010 Purpose.

10.08.020 Definitions.

10.08.030 Operation on designated commercial vehicle routes required when.

10.08.040 Designated highways.

10.08.050 Exceptions.

10.08.010 Purpose.

The purpose of this chapter is to establish highways within the city which shall be designated for commercial vehicles exceeding fourteen thousand (14,000) pounds gross vehicle weight rating (GVWR). (Ord. 931 § 1, 1991)

10.08.020 Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectfully ascribed to them in this section.
“City” means the city of San Jacinto.
“Commercial vehicle” shall have the same meaning set forth in California Vehicle Code Section 260. “Commercial vehicle route” means that portion of the highway under jurisdiction of the city, upon which commercial vehicles shall be restricted with a GVWR of fourteen thousand (14,000) pounds or more and a combined length not exceeding the requirements of Section 35400(a) and 35401 (a) of the California Vehicle Code. “Highway” shall have the same meaning set forth in California Vehicle Code Section 360, “Surface Transportation Assistance Act (STAA) Route” means that portion of the highway under jurisdiction of the city, upon which commercial vehicles shall be restricted with a GVWR of fourteen thousand (14,000) pounds or more and a combined length not exceeding the requirements of Section 35401(a) and (b) and 35401.5 of the California Vehicle Code.
“Terminal” shall have the same meaning set forth in California Vehicle Code Section 35401.5(d). (Ord. 931 § 2, 1991)

10.08.030 Operation on designated commercial vehicle routes required when.

Except as designated hereinafter, it is unlawful to operate any commercial vehicle on highways within the city when the gross vehicle weight rating exceeds fourteen thousand (14,000) pounds unless such commercial vehicle is operated upon designated commercial vehicle routes. A commercial vehicle may operate on restricted highways within the city for the purpose of making delivery or picking up a load. In such cases, the commercial vehicle may be driven on such highways for not more than the minimum distance necessary for that purpose.

Except as designated hereinafter, it is unlawful to operate any commercial vehicle on highways within the city when such vehicle exceeds fourteen thousand (14,000) pounds gross vehicle weight rating and the combination of vehicles coupled together, including any attachments, which consists of the truck tractor, a semi-trailer, and a trailer, in total, does not exceed seventy-five (75) feet, provided that the length of neither the semi-trailer nor the trailer in the combination of vehicles exceeds twenty-eight (28) feet, six inches, unless the commercial vehicle is operated on STAA designated routes. (Ord. 931 § 3, 1991)

10.08.040 Designated highways.

A. The following highways are designated as commercial vehicle routes for commercial vehicles which exceed fourteen thousand (14,000) pounds GVWR and the overall length does not exceed the requirements of California Vehicle Code Section 35400(b)(4): (See Figure 10-1 Truck Routes)

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Packet Pg. 1126 Attachment: Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes (Envision San Jacinto - General Plan 2040 - Second Reading of Chapter 10.08 COMMERCIAL VEHICLE ROUTES Page 2/3

1. Ramona Expressway from the western most city limits to the eastern most city limits;

2. Sanderson Avenue from the northern most city limits to the southern most city limits;

3. State Street from the northern most city limits to the southern most city limits;

4. Esplanade Avenue from the westerly most city limits to Ramona Expressway;

5. Seventh Street from the westerly most city limits to Ramona Expressway

6. Main Street and Lake Park Drive from Ramona Boulevard to Soboba Road.

7. Soboba Road within the city limits from 7:00 p.m. to 7:00 a.m.

8. Cottonwood Road from Warren Road to State Street.

9. Commonwealth Avenue from San Jacinto Avenue to Hewitt Street.

10. Hewitt Street from Main Street to Commonwealth Avenue.

11. Ramona Boulevard from Warren Road to Street “A”.

12. De Anza Drive from Warren Road to Street “A”.

13. Cawston Avenue from Ramona Expressway to Street “A”

14. Odell Street from Ramona Expressway to Street “A”.

B. The following highways are hereinafter designated as STAA routes for commercial vehicles which exceed fourteen thousand (14,000) pounds GVWR and the overall length does not exceed the requirements of California Vehicle Code Section 35401(b):

1. Ramona Expressway from the westerly most city limits to the easterly most city limits;

2. Sanderson Avenue from the northern most city limits to the southern most city limits;

3. State Street from the northern most city limits to the southern most city limites.

4. Lake Park Drive from the Ramona Expressway easterly to Soboba Road from 7:00 p.m. to 7:00 a.m. (Ord. 1090 §§ 2-3, 2001; Ord. 959, 1992; Ord. 931 § 4, 1991)

10.08.050 Exceptions.

Vehicles subject to Sections 1031 to 1036, inclusive, of the Public Utilities Code and commercial vehicles used exclusively for the collection and transportation of garbage, rubbish or refuse shall not be prohibited from using any highway within the city. (Ord. 931 § 5, 1991)

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3/3

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Packet Pg. 1128 Attachment: Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes (Envision San Jacinto - General Plan 2040 - Second Reading of December 6, 2022
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: 2022 California Building Standards Code and 2022 California Fire Code RECOMMENDATION:

Staff recommends that the City Council:

1. DETERMINE that the adoption of Ordinance No. 22-18 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

2. CONDUCT a Public Hearing and APPROVE Ordinance No. 22-18 approving the 2022 California Building Standards and 2022 Fire Code updates entitled:

AN ORDINANCE OF THE CITY OF SAN JACINTO

AMENDING AND ADDING CERTAIN SECTIONS AND
SUBSECTIONS IN CHAPTERS 8.16 AND 15.04 OF THE

MUNICIPAL CODE OF THE CITY OF SAN JACINTO,

CALIFORNIA PERTAINING TO THE CONSTRUCTION

AND MAINTENANCE OF BUILDINGS AND ADOPTING
BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, KNOWN

AS THE CALIFORNIA CODE OF REGULATIONS, TITLE
24, INCLUDING THE 2022 CALIFORNIA BUILDING
CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL BUILDING CODE), THE 2022

CALIFORNIA FIRE CODE (INCORPORATING AND
AMENDING THE 2021 INTERNATIONAL FIRE CODE),
THE 2022 CALIFORNIA ELECTRICAL CODE
(INCORPORATING AND AMENDING THE 2020
NATIONAL ELECTRICAL CODE), THE 2022

CALIFORNIA MECHANICAL CODE (INCORPORATING
AND AMENDING THE 2021 UNIFORM MECHANICAL
CODE), THE 2022 CALIFORNIA PLUMBING CODE
(INCORPORATING AND AMENDING THE 2021
UNIFORM PLUMBING CODE), THE 2022 CALIFORNIA

4.1 Packet Pg. 1129
ADMINISTRATIVE CODE, THE 2022 ENERGY CODE,
THE 2022 REFERENCED STANDARDS CODE, THE 2022

CALIFORNIA GREEN BUILDING STANDARDS CODE,
AND THE 2021 UNIFORM SWIMMING POOL, SPA AND

HOT TUB CODE, TOGETHER WITH CERTAIN LOCAL

ADDITIONS, INSERTIONS, DELETIONS AND CHANGES

THERETO
BACKGROUND:

On November 15, 2022, the City Council introduced Ordinance No. 22-18, authorized the publishing of a Public Notice consistent with Government Code Section 50022.3 and Government Code Section 6066, and scheduled a Public Hearing for December 6, 2022 to consider adoption of Ordinance No 22-18.

The California Building Standards Code is a compilation of three types of building standards from three different origins:
 Building standards that have been adopted by state agencies without change from building standards contained in national model codes;
 Building standards that have been adopted and adapted from national model codes to address California’s ever-changing conditions; and
 Building standards, authorized by the California legislature, that constitute amendments not covered by national model codes, that have been created and adopted to address particular California concerns.

All occupancies in California are subject to national model codes adopted into Title 24, and occupancies are further subject to amendments adopted by state agencies and ordinances implemented by local jurisdictions’ governing bodies.

The California Building Code (CBC) contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. CBC provisions provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures and certain equipment.

The California Buildings Standard Code is updated on a triennial basis with the latest update effective January 1, 2023.

The 2022 California Building Standards were published by the Commission in July 2022, and will be applicable to all occupancies in the State beginning January 1, 2023. However, local agencies may amend the California Building Standards Code provided the amendments are supported by express findings showing that the amendments are “reasonably necessary because of local climatic, geological or topographical conditions.” (Health & Saf. Code, §§ 18941.5, 17958.7.)
The proposed amendments specific to San Jacinto include a requirement for a building permit for

4.1 Packet Pg. 1130
any fence that is in excess of 18 inches in height. In addition, due to the severe winds in 2007, block walls shall be constructed to withstand winds of up to 100 MPH. For our region, the design standard is normally set at 70 MPH. Additionally, staff is proposing modifications in order to provide for plan check fees that are representative of the City’s costs to provide such services.

Also, an amendment is proposed in order to maintain the City’s requirements for erosion control landscaping on manufactured slopes. Finally, an amendment was added to require building permits for concrete flatwork, and to require permits for accessory buildings/structures.

The amendments to the Fire Code, contained in chapter 8.16 of the Municipal Code, have been prepared by Riverside County Fire. The Fire Department has included a separate memorandum setting forth additional justifications, findings, and explanations for the changes to the Fire Code.

FISCAL IMPACT:

When fully implemented, the accompanying Ordinance will have a positive fiscal impact, in that it will enable the City to recover the costs associated with enforcement of the various city codes and regulations.

ATTACHMENTS:

Ordinance No. 22-18
Ordinance No. 22-18 - Exhibit "1" - Fire Code
Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications

4.1 Packet Pg. 1131
Ordinance No. 22-18

STATE OF CALIFORNIA ) ORDINANCE NO. 22-18
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY OF SAN JACINTO AMENDING AND

ADDING CERTAIN SECTIONS AND SUBSECTIONS IN CHAPTERS

8.16 AND 15.04 OF THE MUNICIPAL CODE OF THE CITY OF SAN

JACINTO, CALIFORNIA PERTAINING TO THE CONSTRUCTION

AND MAINTENANCE OF BUILDINGS AND ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING

STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, INCLUDING THE 2022 CALIFORNIA
BUILDING CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL BUILDING CODE), THE 2022 CALIFORNIA FIRE
CODE (INCORPORATING AND AMENDING THE 2021
INTERNATIONAL FIRE CODE), THE 2022 CALIFORNIA
ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2020
NATIONAL ELECTRICAL CODE), THE 2022 CALIFORNIA
MECHANICAL CODE (INCORPORATING AND AMENDING THE 2021
UNIFORM MECHANICAL CODE), THE 2022 CALIFORNIA
PLUMBING CODE (INCORPORATING AND AMENDING THE 2021
UNIFORM PLUMBING CODE), THE 2022 CALIFORNIA
ADMINISTRATIVE CODE, THE 2022 ENERGY CODE, THE 2022
REFERENCED STANDARDS CODE, THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE, AND THE 2021 UNIFORM

SWIMMING POOL, SPA AND HOT TUB CODE, TOGETHER WITH

CERTAIN LOCAL ADDITIONS, INSERTIONS, DELETIONS AND

CHANGES THERETO
WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of San Jacinto (“City”) may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Commission (“Commission”) recently adopted new amendments to the California Building Standards Code; and WHEREAS, California Health & Safety Code, Sections 17958.5 and 18941.5 authorize cities and counties to modify the California Building Standards Code where reasonably necessary because of local climatic, geological, and topographical conditions; and
WHEREAS, the City Council finds that the proposed amendments to the 2022 California Building Standards Code set forth in this ordinance are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury, and death due to fires and

4.1.a
Packet Pg. 1132 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

earthquakes, and are reasonable and necessary to mitigate local climatic, geological, or topographical conditions; and
WHEREAS, the City Council introduced Ordinance 22-18 on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code and other uniform codes as amended herein; and
WHEREAS, the City held a public hearing December 6, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code and other uniform codes as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066; and WHEREAS, pursuant to Government Code Section 50022.6, a copy of each uniform code to be adopted is on file with the City Clerk of the City for public inspection, and has been available for public inspection for at least fifteen days preceding the public hearing on December 6, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. The following changes and modifications to the 2022 California Building Standards Code are more restrictive than the standards contained in the 2022 California Building Standards Code, thus requiring that findings be made pertaining to local conditions to justify such modifications. The City Council hereby finds and determines that, due to local climatic, geological, and topographical conditions, the following changes and modifications are reasonably necessary to provide sufficient and effective protection of life, health, and property. The City Council adopts the findings provided below to support the modifications to the 2022 California Building Standards Code.

A. Amendments to Chapter 1, section 105.2, “Building” Item 2 of the 2022 Edition of the California Building Code are reasonably necessary due to the following local climactic condition: The City of San Jacinto has sustained serious property damage due to extremely high Santa Ana winds, including sustained winds at over 100 miles per hour, thus necessitating the review and approval of building plans and permits for fences over eighteen inches (18”), rather than for only those fences over six feet (6’) or seven (7’) feet as required in the 2022 Edition of the California Building Code.

B. Amendments to Chapter 1, section 105.2, “Building” Items 1 and 5 of the 2022 edition of the California Building Code are reasonably

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Packet Pg. 1133 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

necessary due to the following local climatic condition: The City of San Jacinto experiences extremely hot temperatures, especially the summer, which affect concrete curing and other similar processes.

C. Amendments to Appendix J, Section J110.3 are reasonably necessary due to local climatic, geological, and topographical conditions
D. Amendments to the 2022 California Fire Code are reasonably necessary due to the climatic, topographical, and geological conditions described in Exhibit “A,” attached hereto and incorporated herein by this reference.

E. All other changes to the Codes referenced herein are hereby found, declared and determined by the City Council to be primarily administrative, procedural, and non-substantive, and therefore to be equivalent for the purposes intended by the original Codes.

Section 2. Chapter 8.16 of the San Jacinto Municipal Code, “Fire Code,” is hereby amended to read in full as set forth in Exhibit “1,” attached hereto and incorporated herein by this reference.

Section 3. Section 15.04.020 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.020 2022 Building Code adopted—Modifications.

The California Building Code, 2022 Edition, including Chapter 1 and all appendices, tables, and indices thereto (copies of which are on file in the Office of the City Clerk), is hereby adopted as part of the Building Code of the City of San Jacinto with the following modifications:

A. Chapter 1, section 105.2, Building Item 2 is amended to read as follows:
‘Fences not over eighteen inches (18”) shall not need a building permit.’
B. Chapter 1, section 105.2, Building Item 1 is amended to read as follows:
‘One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit. However, a permit is required for any concrete flat work associated with the structures.

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Packet Pg. 1134 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

C. Chapter 1, section 105.2, Building Item 5 is amended to read as follows:
‘Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1 and any associated concrete flat work.’ D. Section 109.1 is amended to add the following administrative language after the first paragraph:
‘When a plan or other data are required to be submitted by Section 107, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee for buildings or structures shall be 65% of the established building permit fee.

The plan review fees for electrical, mechanical and plumbing work shall be equal to 25% of the total permit fee for each. The plan review fee for grading work shall be 35% of the grading permit fee. The plan review fee for energy shall be 15% of the building permit fee.

The plan review fee for public and private improvements shall be as established by City Council resolution. Where plans are incomplete or changed so as to require an additional plan review, an additional plan review fee shall be charged at the established rate.’ E. Appendix J (Grading), Section J110.3 is hereby added to read as follows:
‘J110.3 Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion and provide stability. Where cut slopes are not subject to erosion due to erosion-resistant character of materials, such production may be omitted. Unless otherwise recommended in the approved soil engineering or engineering geology report, cut and fill slopes shall be planted in accordance with this Section. The protection for the slopes shall be installed as soon as practicable and prior to calling for final permit approval.

A. General Requirements. Cut slopes equal to or greater than 5 feet in vertical height and fill slopes equal to or greater than 3 feet in vertical height shall be planted with grass or ground cover to protect the slope from erosion and instability. Other slopes as deemed necessary by the Building Official shall also be planted.

B. Slopes exceeding 15 feet in vertical height shall be planted with shrubs, spaced at not more than 10 feet on center; or trees, spaced not to exceed 20 feet on center; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or ground cover. The plants selected and planting patterns may be varied upon the

4.1.a
Packet Pg. 1135 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

recommendation of a landscape architect or a slope control specialist with approval of the Building Official. If a species other than those from the recommended list of plants is selected, a written statement shall be submitted by a landscape architect or slope control specialist certifying the plants suitable for erosion control and slope stability. This statement must accompany the grading plan at the time of submittal.

C. Landscape and Irrigation Plan Requirements:

1. Landscape Plans shall be submitted for all slopes required to be planted. The landscape plan may be incorporated as part of the grading plan unless, in the opinion of the Building Official the plan becomes too obscured to be effective. A landscape plan shall include:
a. A slope planting schedule that provides common and
scientific names and specifications of all plants,
number and size of each tree and scrub and the
spacing of plants.
b. The location of the planting.
c. Details of the irrigation system. Landscape plans
involving more than four structures shall be prepared
and signed by a landscape architect. This plan shall
include the details necessary to complete the project
including scope of work, materials to be used (seed
mixtures, plant species listed by size quantity, fertilizer used and rate of application), construction methods,
maintenance and time table for project completion.

2. Except where approved by the Building Official slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slopes and shall be of e the extent of work proposed.

Specifications for devices, size and type of pipe, flow rates and precipitation rates are to be shown on the landscape plan.

An approved backflow prevention device shall be installed in each irrigation system which conforms to Chapter 10 of the Uniform Plumbing Code. If the planting requirements
specified in the subsection above are waived by the Building Official, the requirements specified in this subsection may be waived.

D. Planting Method. Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short

4.1.a
Packet Pg. 1136 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

term coverage of the slope as well as long term permanent coverage.

Minimum requirements shall include:

1. Planting holes shall be excavated twice as wide as the diameter and 2 inches less than the depth of the root ball of the plant. The planting holes shall be backfilled with a mixture of native soil, slowly decomposing organic matter and an appropriate fertilizer.

2. Each tree shall be staked in order to anchor the root system and to support the trunk in an upright position. Stake material shall be of adequate dimension and length to support the tree.

Ties used for tying the tree to the stake shall have a broad surface to minimize rubbing or girdling and have some
elasticity. In lieu of stakes a three wire tie-down system may be used.

3. Ground cover is to be spaced in such a manner that 100% coverage of the planted slope will be achieved in as short a time as possible. Spacing of ground cover shall not exceed 12 inches O.C. unless acceptable supporting horticultural
evidence recommending greater spacing is furnished to the Building Official.

E. Waiver of Planting Requirements. Waiver of the Planting and irrigation requirements may be approved by the Building Official if found to be unreasonable or unnecessary for one of the following reasons:

1. The erosion resistant character of material composing the slopes make planting unnecessary.

2. The unavailability of water making irrigation either impossible or impractical.

3. Slope heights are less than those requiring planting by Section 3, paragraph (H) 1.1.

F. Planting Maintenance. All vegetation planted for erosion control shall be maintained in a healthy, vigorous condition. Maintenance of planted slopes shall include watering, weeding and restoration of any plants. Slopes that are affected by the future swimming pools or any other building must be properly replanted upon the completion of subsequent projects.

G. Bonding. A bond for all projects involving more than four structures shall be filed with the City by the developer at the time that the landscaping plan is approved.

4.1.a
Packet Pg. 1137 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

H. Final Planting Inspection. A final planting inspection shall be required for all building sites requiring planting. For building sites not requiring a performance bond, the final planting inspection shall be approved prior to the building permit final inspection. Any required irrigation system and all planting shall be installed at the time of the final planting inspection. A functional test of the irrigation system may be required. For building sites requiring a performance bond, slope certification required by the next subsection shall be approved prior to the building permit final inspection. The final planting inspection shall be performed at the end of the one-year bond period.

I. Slope Verification. A site inspection shall be performed by the responsible landscape architect to assure compliance with the approved plans and to perform a functional test of the sprinkler system. Said landscape architect shall verify in writing to the Building Official that the soils, additives, and amendments, weed control, planting of the slopes and the installation of the irrigation system comply to the approved plans and to all the provisions of this section.

Verification to contain a statement as to the grow stock vitality.

J. Landscape and Irrigation Plan/Plan-Checking Fee. Before accepting a set of plans and specification for checking, the Community Development Department shall collect a plan checking fee. The amount of the plan checking fee for the landscape and irrigation plan shall be as set forth by City Council resolution.

K. Landscaping Permit Fees. A fee for each landscaping permit shall be paid to the Community Development Department as set forth by City council resolution.’”
Section 4. Section 15.04.030 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.030 2022 Mechanical Code adopted—Modifications.

The California Mechanical Code, 2022 Edition, and including Chapter 1 and all appendices, tables, and indices thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Mechanical Code of the City of San Jacinto.”
Section 5. Section 15.04.035 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.035 2022 Residential Code adopted—Modifications.

The California Residential Code, 2022 Edition, and including Chapter 1 and all appendices, tables, and indices thereto (copies of which are on file in the

4.1.a
Packet Pg. 1138 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

Office of the City Clerk), is adopted as the Residential Code of the City of San Jacinto.”
Section 6. Section 15.04.040 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.040 2022 Plumbing Code adopted—Modifications.

The California Plumbing Code, 2022 Edition, and including Chapter 1 and all appendices, tables, and indices thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Plumbing Code of the City of San Jacinto.”
Section 7. Section 15.04.045 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.045 2022 Green Building Standards Code adopted—
Modifications.

The California Green Building Standards Code, 2022 Edition, and including all appendices, tables, and indices, but excepting any voluntary provisions thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Green Building Standards Code of the City of San Jacinto.” Section 8. Section 15.04.055 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.055 2022 Administrative Code adopted—Modifications.

The California Administrative Code, 2022 Edition, and including all appendices, tables, and indices, but excepting any voluntary provisions thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Administrative Code of the City of San Jacinto.” Section 9. Section 15.04.065 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.065 2022 Energy Code adopted—Modifications.

The California Energy Code, 2022 Edition, and including all appendices, tables and indices but excepting any voluntary provisions thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Energy Code of the City of San Jacinto.”
Section 10. Section 15.04.070 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.070 Uniform Swimming Pool, Spa and Hot Tub Code adopted.

4.1.a
Packet Pg. 1139 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

The Uniform Swimming Pool, Spa and Hot Tub Code, 2021 Edition, and all appendices, tables, and indices thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Uniform Swimming Pool, Spa and Hot Tub Code of the City of San Jacinto.”
Section 11. Section 15.04.075 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.075 2022 Referenced Standards Code adopted—Modifications.

The California Referenced Standards Code, 2022 Edition, and including all appendices, tables and indices but excepting any voluntary provisions thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Referenced Standards Code of the City of San Jacinto.” Section 12. Section 15.04.080 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.080 2022 Electrical Code adopted—Modifications.

The California Electrical Code, 2022 Edition, and including Article 89 and all appendices, tables and indices thereto (copies of which are on file in the Office of the City Clerk), is adopted as the Electrical Code of the City of San Jacinto.”
Section 13. Section 15.04.120 of the San Jacinto Municipal Code is hereby amended in its entirety to read as follows:
“15.04.120 Violation—Penalty.

A. Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

B. Violation of the provisions of this chapter or the 2022 Building Code is deemed to be a misdemeanor punishable by a fine or by imprisonment, or by both fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues, or permits a violation of this chapter or the 2022 Building Code.

C. Violations of this chapter is declared to be a public nuisance, and the city attorney may institute necessary legal procedures for the abatement, removal or enjoinment thereof in the manner provided by law, or may take such other steps as he or she deems necessary to accommodate these ends. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions.”

4.1.a
Packet Pg. 1140 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

Section 14. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 15. Severability. Should any provision, section, paragraph, sentence, or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this chapter shall remain in full force and effect.

Section 16. Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

Section 17. Effective Date. This ordinance shall take effect and be in full force upon the 30th day after its adoption.

4.1.a
Packet Pg. 1141 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

INTRODUCED at a regular meeting of the City Council on the 15th day of November, 2022.

PASSED APPROVED, AND ADOPTED at a regular meeting of the City Council on the 6
th Day of December, 2022, by the following vote.

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
___________________________
Crystal Ruiz, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Michael J. Maurer, City Attorney

4.1.a
Packet Pg. 1142 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) Ordinance No. 22-18

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-18 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November, 2022.

Ordinance No. 22-18 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December, 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.1.a
Packet Pg. 1143 Attachment: Ordinance No. 22-18 (2022 California Building Standards Code and 2022 California Fire Code) 1 Chapter 8.16

FIRE CODE
Sections:

8.16.010 Findings and adoption of the California Fire Code.

8.16.020 Amendments to the California Fire Code

8.16.030 Appendices to the California Fire Code

8.16.040 Effective Date

8.16.010 Findings
FINDINGS. The City of San Jacinto finds the following:

I. Climatic Conditions:

A. The City of San Jacinto located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi- arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.

These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County.

Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.

B. Although Riverside County and the City of San Jacinto occasionally experiences periods of significant drought, the County can also experience periods of substantial rainfall. Annual rainfall varying from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.

C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in highdensity housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sealevel, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes

4.1.b
Packet Pg. 1144 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 2 emergency access and response. This variety in regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.

The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).

A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.

B. Road circulation features located throughout the County also make amendments reasonably necessary.

Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5 minute goal.

California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. Therefore the City Council finds that the following table sets forth the 20192022 California Fire Code sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification. 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
101.4 Severability Administrative
102.5 Application of residential code I, II & III
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.7 and 104.7.1 Liability Administrative
104.13 Authority of the Fire Chief to close hazardous fire areas Administrative 107.2 Schedule of permit fees Administrative
107.7 Cost Recovery Administrative
111.1 Board of Appeals established Administrative
112.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.6.3 Sky Lanterns or similar devices I, II & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-off areas Administrative

4.1.b
Packet Pg. 1145 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 3 2022 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1, 508.1.1, 508.1.3 Fire command center I, II & III 509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or occupant owned warehouses Administrative
4904.2.1 High Fire Hazard Severity Zone Maps Administrative App Ch B, Table B105.2 Fire-Flow - Buildings other than one- or two-family dwellings I, II & III App Ch C, C103.1 Hydrant spacing I, II & III
PURPOSE. The purpose of this ordinance is to adopt the 20192022 California Fire Code, California Code of Regulations, Title 24, Part 9, as amended, to govern the safeguarding of life and property from fire, explosion hazards and hazardous conditions and to regulate the issuance of permits and collection of fees.

AUTHORITY. This ordinance is adopted pursuant to Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 which allow a county to adopt modifications or changes to the California Fire Code that are reasonably necessary because of local climatic, geological and topographical conditions.

8.16.020 ADOPTION AND AMENDMENTS TO CALIFORNIA FIRE CODE.

APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE. Except as stated in this Section or as amended below in Section 5 of this Ordinance, all of the provisions and appendices of the 20192022 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter’s matrix, are hereby adopted and shall apply to the unincorporated areas of Riverside County. In addition, the following provisions that are excluded in the 20192022 California Fire Code are hereby adopted - Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 109.3111.3 are not adopted, and Chapters 3, 25, and Sections 403.12403.11, 503, 510.2, and 1103.2, and 5707 are adopted.

1. DEPARTMENT OF FIRE PREVENTIONSCOPE AND GENERAL REQUIREMENTS. a. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.
b. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

2. GENERAL AUTHORITY AND RESPONSIBILITIESDEPARTMENT OF FIRE PREVENTIONDUTIES AND POWERS OF THE FIRE CODE OFFICIAL.

4.1.b
Packet Pg. 1146 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 4 a. A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of San Jacinto pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of San Jacinto Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management. b. Sections 103.4104.7 and 103.4.1104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
103.4104.7 Liability. Any liability against Riverside County or the City of San Jacinto or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law. c. A new Section 104.12104.13 is added to Section 104 of the California Fire Code to read as follows:
104.12104.13 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof.

Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

3. FEES
a. Section 106.2107.2 of the California Fire Code is deleted in its entirety and replaced with the following:

4.1.b
Packet Pg. 1147 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 5 106.2107.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of San Jacinto fee schedule.
b. A new Section 106.2107.7 is added to Section 106107 of the California Fire Code to read as follows:
106.6107.7 Cost recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time.

Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Riverside County Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by Riverside County in the same manner as in the case of an obligation under contract, express or implied.

4. BOARDMEANS OF APPEALS
a. Section 109.1111.1 of the California Fire Code is deleted in its entirety and replaced with the following:
109.1111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal.

The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

5. VIOLATIONS.
a. Section 110.4112.4 of the California Fire Code is deleted in its entirety and replaced with the following:
1100.4112.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code or ordinance. Punishments and penalties for violations shall be in accordance with the City of San Jacinto ordinances, fee schedule and Health and Safety Code Sections 17995 through 17995.5.

6. DEFINITIONS.
a. Section 202, definition of “Fire Chief” in the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

7. OPEN FLAMES.
a. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lantern or similar device.

8. FIRE APPARATUS ACCESS ROADS.
a. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), 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 (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time. b. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations. c. A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:

4.1.b
Packet Pg. 1148 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 6 503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels. d. A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

9. FIRE PROTECTION WATER SUPPLIES
a. A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.

2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.

3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet. b. A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

10. FIRE COMMAND CENTER
a. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, and in all buildings F-1 and S-1 occupancies with a building footprint greater than 500,000300,000 square feet (46 45227 870 m2), and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7. b. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access. c. Section 508.1.3 of the California Fire Code is amended to add the following:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is for Group F-1 and S-1 occupancies with a building footprint greater than 500,000300,000 square feet (46 45227 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

11. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND LOCATION a. Section 509.2.1 of the California Fire Code is amended to add the following:

4.1.b
Packet Pg. 1149 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 7 509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

12. MECHANICAL REFRIGERATION.
a. Section 606.10.1.2608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
606.10.1.2608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

13. AUTOMATIC SPRINKLER SYSTEMS.
a. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 – 903.2.20903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural purposes constructed in accordance with the California Building Code.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
i. Exception in Section 903.2.3
ii. Exception 2 in Section 903.2.11.3
b. A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

14. DESIGNATION OF HIGH-PILED STORAGE AREAS.
a. A new Section 3204.2.1is added to Section 3204.2 of the California Fire Code to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the

4.1.b
Packet Pg. 1150 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) 8 commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

15. FIRE HAZARD SEVERITY ZONES.
a. A new Section 4904.34904.2.1 is added to Section 4904 of the California Fire Code to read as follows:
4904.34904.2.1 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones (VHFHSZ), located in the Local Responsibility Areas (LRA), are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 the most recently published VHFHSZ IN LRA map, as recommended and published by the Director of the California Department of Forestry and Fire Protection (CAL FIRE), which may be revised from time to time. and retained on file at the office of the Fire Chief, The most recent VHFHSZ IN LRA map is on file at the office of the Fire Chief, which supersedes other maps previously adopted by Riverside County designating high fire hazard areas.

8.16.030 APPENDICES TO CALIFORNIA FIRE CODE.

1. APPENDIX B.

1. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

2. APPENDIX C.

1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

8.16.040 EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption, but no sooner than January 1, 2023.

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Packet Pg. 1151 Attachment: Ordinance No. 22-18 - Exhibit "1" - Fire Code (2022 California Building Standards Code and 2022 California Fire Code) Attachment A
1 San Jacinto Municipal Code Chapter 8.16
Local Amendment Justification/Statement of Reason
Building Standards Law allows local amendments in accordance with the following:

For purposes of this subdivision, a city or county may make reasonably necessary modifications to the requirements, adopted pursuant to Health and Safety Code Section 17958, 17958.5, 17958.7, and 18941.5, contained in the provisions of the code and regulations on the basis of local conditions.

Chapter 1 – Scope and Administration:

Section 101.4: This section is carried over from the existing Ordinance No. 8.16 this section resolves any conflict with the fire code provisions. Riverside County maintains its own severability clause and does not adopt the fire code text.

Section 102.5: This section is carried over from the existing Ordinance No. 8.16 the scope and application of the fire code needs to be expanded to apply to the fire sprinkler systems for accessory structures constructed under the 2019 California Residential Code (CRC) which are now permitted to exceed 3,000 square feet in area. This existing modification maintains the applicability of the 2019 California Fire Code (CFC) Section 903.2 amendment to those accessory structures greater than or equal to 3,600 square feet in area. This has no change in intent for San Jacinto Municipal Code Chapter 8.16 and maintains the protection offered.

Section 104.1.1: This section is carried over from the existing Ordinance No. 8.16. It is imperative that enforcement capability be disseminated to other law enforcement entities within the Riverside County area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside.

Section 104.7: This section is carried over from the existing Ordinance No. 8.16 to resolve any conflict between state law and the fire code provisions.

Section 104.13: This section is carried over from the existing Ordinance No. 8.16 and grants authority to the Fire Chief, in cooperation with the Board of Supervisors, to close hazardous fire areas.

Section 107.2: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16 and relocated to the fees section of the fire code. This amendment is necessary to identify that fees are in accordance with the City of San Jacinto Ordinances and fee schedules.

Section 107.7: This section is carried over from the previous Ordinance No. 8.16 and relocated to the fees section of the fire code. This section is maintained in accordance with Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery.

Section 111.1: This section is carried over from the existing Ordinance No. 8.16 to identify the board of appeals and additional criteria for clarification and implementation. The existing modifications to this section are consistent with Health and Safety Code 17920.5 where no board of appeals exists. This section provides for the ability to create a Board of Appeals as needed.

Section 112.4: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16 and relocated to this section to resolve any conflict with the fire code provisions. San Jacinto Municipal Code Chapter 8.16 requires punishments and penalties for violations to be in accordance with the Municipal Code and Health and Safety Code Sections 17995 through 17995.5.

Chapter 2 – Definitions:

Fire Chief: This definition is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This definition was added to designate that this term means the Fire Chief of Riverside County whenever

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Packet Pg. 1152 Attachment: Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications (2022 California Building Standards Code and 2022 California Fire Attachment A
2 the wording appears in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance
Chapter 3 General Requirements
Section 308.1.6.3: This section is carried over from previous San Jacinto Municipal Code Chapter 8.16.6.

This section is amended to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Information Bulletin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release.

The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9M in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. This is similar to the existing amendment by Orange County Fire Authority.

Chapter 5 – Fire Service Features
Section 503.2.1: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This correlation of the fire code is necessary for minimum fire apparatus access widths for firefighter operations and consistency throughout the county. This modification does not supersede City road standards where the City standards are more restrictive. This modification has no change in regulatory effect.

Section 503.2.2: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This section is enhanced to specify who has authority to designate Fire Lanes/Fire Apparatus Access Roads and modify minimum widths.

Section 503.6.1: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This section provides fire department and other emergency responders more rapid access to facilities with motorized gates. Underwriters Laboratory (UL) “determined that fires today are more dangerous and pose more risks than in the past. Fire propagation is faster, and time to flashover, escape times and collapse times are all shorter” (UL Fire Safety Journal Issue 1). Placing our first responders on scene sooner or without disruption will provide for greater occupant and firefighter safety, and assist in property protection and medical emergencies.

Section 503.7: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This section provides additional width for apparatus access roads where utilized for loading/unloading or passenger drop off/pick up to prevent interference with operational access needs.

Section 507.5.7: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This section provides for the size and quantities of outlets for residential standard, super hydrant standard, and super hydrant enhanced fire hydrants and that they shall be required as determined by the Fire Code Official.

Section 507.5.8: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

The section provides direct reference to Riverside County Fire Department Technical Policy 06-11 for specific requirements for the installation of blue reflective markers for fire hydrants.

Section 508.1, 508.1.1, and 508.1.3: These sections are carried over from the previous San Jacinto Municipal Code Chapter 8.16. These sections have been amended to require fire command centers for structures larger than 300,000 square feet in size. To put into context, the Fire Command Center would be triggered when the buildings are approximately 2.5 times the typical Costco Warehouse store and approximately two times the size of a typical Walmart Supercenter. Large structures of this size pose numerous challenges to emergency responders due to the large amounts of fuel loads from the storage, manufacturing and/or processing of flammable/combustible commodities and other processes within the

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Packet Pg. 1153 Attachment: Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications (2022 California Building Standards Code and 2022 California Fire Attachment A
3 building. Challenges include wide distribution of smoke throughout the structure, difficulty for firefighters to locate and reach the fire and difficulty in search and evacuation of the public, employees and firefighters. These structures typically require numerous fire protection, early suppression and detection systems that may include, but are not limited to, fire pumps, multiple fire sprinkler systems, advanced fire alarm systems, smoke control systems, and refrigeration gas detection system(s). During a fire, the incident commander must have the ability to readily identify the status of the various suppression and detection systems and have access to other building information details that may include, but are not limited to, building floor plans, high-pile/rack storage details, smoke control/ventilation systems, fire sprinkler zoning details, mechanical refrigeration equipment and piping details, and hazardous materials data sheets along with quantities and storage/use locations. A fire command center provides a centralized location for the incident commander to review details about the building and the incident and to effectively coordinate emergency responders and suppression activities with increased efficiency and speed. The Riverside County Fire Department has experienced several incidents in buildings with and without Fire Command Centers. Incident Commanders found that having detailed information on built in fire protection systems and controls, building schematics and hazardous materials storage plans were vital towards mitigating the event. When this information was not available, firefighting personnel were forced to operate upon assumptions and much less information. In addition, this increased efficiency and speed results in facilities returning to operation more expeditiously after incidents or false alarms thereby reducing loss of revenue for the business.

Section 509.2.1: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16.

This section encompasses other exterior fire protection water supply appliances such as Fire Department connections, and other exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access.

Section 608.11.1.2: This section is carried over from the previous San Jacinto Municipal Code Chapter

8.16. This section specifies the location of manual crossover valves when manual operation is required by the Fire Code Official. The amendment specifies that the manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. This is to ensure that the valves are in readily accessible location(s) for access during an emergency.

Section 903.2: This section is carried over from the previous San Jacinto Municipal Code Chapter 8.16 with modification. Modifications have been made to provide certain exemptions including, but not limited to, agricultural and greenhouse Group U structures constructed in accordance with the California Building Code and specific shade structures.

The existing amendment provides a base square footage requirement for all new commercial, industrial, and residential occupancies other than one- and two-family dwellings. Though the amendment includes a reference to the requirement for one- and two-family dwellings, the authority for residential fire sprinkler requirements for these occupancies resides in Title 24, Part 2.5 [2019 California Residential Code].

Automatic sprinkler systems have been successfully used to protect industrial and commercial buildings and their occupants for more than 100 years. Historically the place which has offered the least amount of fire protection to occupants was and still is their own home. This was brought to light in 1973 by the Report of the National Commission on Fire Prevention and Control, America Burning. At the time of the report approximately 8,000 people died in structure fires every year in the United States. Nine out of ten of those victims died in their home.

However, the U.S. Fire Administration report “Fire in the United States 2004–2013 17th edition” reflects that nonresidential fire losses are costly. “National estimates of nonresidential building fires and losses, from 2004 to 2013, annually accounted for only 7 percent of fires, 2 percent of deaths, and 8 percent of injuries. These properties, however, accounted for a disproportionately large annual dollar loss, 21 percent. Trends in nonresidential buildings showed a 14 percent decrease in fires, a 9 percent increase in deaths, a 7 percent increase in injuries, and a 10 percent decrease in dollar loss from 2004 to 2013.”

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Packet Pg. 1154 Attachment: Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications (2022 California Building Standards Code and 2022 California Fire Attachment A
4 The same report concluded “…that, overall, the fire problem in the U.S. continues to improve. Ten-year fire loss rates are down. It is likely that several factors continue to contribute to these trends:…” which includes; "fire sprinklers, which quickly combat incipient fires, especially in nonresidential and multifamily buildings, and fire codes, which have been strengthened.” Furthermore, the report reflects that the nonresidential building category includes industrial and commercial properties, institutions (such as hospitals, nursing homes and prisons), educational establishments (from preschool through university), mobile properties, and storage properties. On average, about 89 percent of nonresidential structure fires, 88 percent of deaths, 91 percent of injuries, and 92 percent of dollar losses reported to National Fire Incident Reporting System from 2004 to 2013 occurred in nonresidential buildings.

Aside from firefighter and explosion fatalities, there has never been a multiple loss of life in a fully sprinklered building due to fire or smoke. All fire protection features have a reliability factor. Walls and shafts can be breached by means of poke-throughs and building alterations. Exit doors can be blocked or locked.

The California Residential Code is requiring that all one and two family dwellings be protected by sprinklers. It is still imperative, based on the geographical, topographical, climatic diversity of Riverside County, to continue to protect all structures greater than 3,600 sq. ft. by fire sprinklers, to ensure faster fire suppression/control to those occupancies that would not normally be required to be protected which would exhaust a number resources including water which climatically is so precious to our environment as a whole. It will provide for less run off into ground water due to suppression activities and less pollutants into the environment. It will reduce the risk of a structure fire extending outside of the structure and potentially igniting a wildland fire.

Mobile homes are a part of the American landscape. In 2007 alone, more than 95,000 manufactured homes were shipped nationwide. Manufactured housing also accounts for approximately 10 percent of the single-family structures in the United States. The National Fire Protection Association reports in 2007-2011, 11,400 structure fires per year were reported in manufactured homes, with associated losses of; 206 civilian deaths, 434 civilian injuries, and $179 million in direct damage per year nationally. Despite the fact that we drive by them, respond to medical calls in them, and sometimes live in them, we often overlook mobile homes when it comes to training and pre-fire planning. However, as the deaths of two firefighters in Craigsville, West Virginia, showed, mobile homes can pose significant, and sometimes deadly, challenges. The burning mobile home is a less-than-stable platform, making search and possible rescue of occupants even more dangerous. The exterior walls are not as structurally sound when compared with those of most site-built homes. The narrow halls complicate search. The roof burns through more quickly than a typical residential roof and is not safe for firefighters. Mobile home fires can quickly grow out of control, because there's not as much wallboard and drywall, and there are fewer walls to keep the fire from spreading. If the first-due engine pulls up and the mobile home is burning from end to end, the firefighting strategy has already been decided. The fire must be knocked down in order to move in. If the home is in a mobile home park, again, protecting exposures is vital. Radiant heat can ignite the homes nearby. Fire sprinklers can prevent the flashover from occurring and in many cases put the fire out and save valuable resources in the process, such as water, personnel, and environmental cleanup, limited displacement into County shelter(s), and less inconvenience to the family. The mobile home, because of its construction, requires fast water.

The record for automatic fire sprinklers is based on the simple fact that there has never been a multiple death of building occupants from a fire developing in a building protected by an automatic fire sprinkler system properly installed and maintained in accordance with nationally recognized standards (NFPA 13, 13D, 13R, and NFPA 25).

AWWA Research Foundation has published the following report: Impact of Fire Flow on Distribution System Water Quality, Design, and Operation. This report concludes the following:
“Water-efficient fire suppression technologies exist that use less water than conventional standards. In particular, the universal application of automatic sprinkler systems provides the most proven method for reducing loss of life and property due to fire, while at the same time providing faster response to the fire

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Packet Pg. 1155 Attachment: Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications (2022 California Building Standards Code and 2022 California Fire Attachment A
5 and requiring significantly less water than conventional fire-fighting techniques. It is recommended that the universal application of automatic fire sprinklers be adopted by local jurisdictions.” Consider the benefits: a single firefighter using a normal 1-1/2” fire hose can be applying between 175- 400 gallons of water per minute when attempting to extinguish a fire. On the other hand, a single fire sprinkler will be flowing only 18- to 40- gallons of water per minute. This means that over a 5-minute period, the following quantities of water are used:

Fire-fighter with 1-1/2” hose:
175 gpm x 5 minutes = 875 gallons of water
400 gpm x 5 minutes = 2,000 gallons of water
Fire sprinkler system:
18 gpm x 5 minutes = 90 gallons of water
40 gpm x 5 minutes = 200 gallons of water
Section 903.3.5.3: This section is carried over from the previous San Jacinto Municipal Code Chapter

8.16. The section limits all hydraulically calculated fire sprinkler systems to not exceed 90% of the water supply capacity. The 10% buffer in the hydraulic calculation is a common engineering business practice that gives some flexibility to account for system water pressures that may decrease as additional demands are placed on the water system from additional construction or as the system ages.

Section 3204.2.1: This section is carried over from the previous San Jacinto Municipal Code Chapter

8.16. By requiring client leased or occupant owned warehouses to have a technical report completed by a fire protection engineer, it will minimize problems concerning commodity and sprinkler protection. By having an engineer complete a technical report for the proposed or existing building it will provide greater certainty that adequate protection for the commodities that are proposed will be sufficient. By not having adequate sprinkler protection, it could be detrimental to the building and could also cause loss of life in the event of a fire. Geographically this can be a significant problem due to the seismic activity that Riverside County experiences. The Engineer can assess the adequate protection for the correct commodity classifications, ensure the correct seismic provisions are in place for the type of system to be installed, and provide a professional assurance to a very volatile type of occupancy. It takes a vast number of resources to extinguish a fire of this type. By adding this requirement, it will ensure an added level of safety. Modifications have been made to provide clarification that certain reference documents are not required.

Section 4904.2.1: This section is carried over from the previous San Jacinto Municipal Code Chapter

8.16. This section is required under State Law, Section 51178.5. The date of the State adopted and recommended Very High Fire Hazard Severity Zone map has been modified.

Table B105.2 of Appendix B: This amendment is carried over from the previous San Jacinto Municipal Code Chapter 8.16. This allows the fire department to still have adequate fire flow mitigation with sprinkler protection and not jeopardize main distribution systems by inadequately under sizing them and have costly upgrades for future projects. With the geographical diversity that the County has it is important that this requirement be added to ensure adequate water in the event of a fire.

Section C103.1 of Appendix C: This provision is carried over from the previous San Jacinto Municipal Code Chapter 8.16. This provision is to clarify the additional location of fire hydrants to be at intersections. This requirement has been standard policy within Riverside County.

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Packet Pg. 1156 Attachment: Ordinance No. 22-18 - Exhibit "A" - Fire Code Justifications (2022 California Building Standards Code and 2022 California Fire December 6, 2022
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)
RECOMMENDATION:

Staff recommends that the City Council:

1. WAIVE further reading and FIND that Urgency Ordinance No. 22-19 is necessary for the immediate preservation of the public peace, health, or safety for the reasons stated therein; and

2. DETERMINE that, pursuant to California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22 and therefore Urgency Ordinance No. 22-19 is statutorily exempt from the California Environmental Quality Act; and

3. APPROVE Urgency Ordinance No. 22-19 to take effect January 1, 2023, entitled:

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN JACINTO, CALIFORNIA, AMENDING SECTION

17.405.060 OF THE CITY OF SAN JACINTO MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
DISCUSSION:

In nearly every legislative session over the past few years, the California Legislature has enacted bills that reduce local control over the development of accessory dwelling units (ADUs). Recent examples include: legislation requiring ministerial approval of ADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, prohibiting local agencies from imposing height and setback standards beyond state-set limits, and requiring local agencies to allow ADUs to be sold separately from the lot’s primary dwelling if specified conditions are met.

Senate Bill 897 is the latest legislative move in this direction and will take effect on January 1, 2023. When it does, any local ordinance will be null and void if it does not conform to SB 897’s changes to state ADU law.

4.2 Packet Pg. 1157
SB 897 amended Government Code Section 65852.2 and include numerous changes to the state ADU laws. There are two dominant themes in the changes. First, cities must let ADUs go taller and closer to the property lines. Second, the Legislature codified a number of interpretations of the law that agencies developed as they’ve interpreted and applied the ADU law in different situations over the last few years.

Height Limitations
Local agencies must allow ADUs taller than 16 feet in the following circumstances:
 If it is located within a half-mile of a major transit stop or high quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height by right, and the ADU be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house. Before this most recent legislation, local agencies could cap the height of a detached ADU at 16 feet.
 If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (again, by right), regardless of how close it is to transit.
 An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower. But a city may still limit the ADU to two stories.

Front Setbacks
Cities have authority to impose front-yard setbacks on ADUs that are subject to an ADU permit, and that remains generally true, but now a front setback must yield to the extent necessary to enable the construction of an 800-square-foot ADU with four-foot side- and rear-yard setbacks.

The law has included a similar “must yield” provision for floor area ratio (FAR), lot coverage and open-space requirements; the Legislature has added front setbacks to that list.

Adjustments to Application Review Procedures; Additional Restrictions on Denials  If a city denies an ADU application, it must now provide the applicant with a “full set of comments” listing the specific items that are “defective or deficient.” These comments must also describe “how the application can be remedied” by the applicant. Most cities, including San Jacinto, have been doing this already in practice.  A demolition permit for a detached garage that is to be replaced with an ADU must now be reviewed with the ADU application and issued at the same time. Again, many cities, including San Jacinto, have already been doing this in practice, too.  Local agencies cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.

4.2 Packet Pg. 1158
Expansion of Where JADUs Can be Built; New Configuration Requirements  Under existing state law, a junior accessory dwelling unit (JADU) must be “within the walls” of a proposed or existing single-family dwelling. In light of California Department of Housing and Community Development (HCD) commentary, most cities have understood this to include nonlivable space within the primary dwelling structure, such as attached garages. Now the Legislature has made that express. The new amendments specify that “enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.” This is more a change in the text of the law (that needs to be reflected in the local ordinance) than it is a substantive change in what the law requires. Most cities have already been doing this.  In instances where the JADU shares a bathroom with the primary dwelling, local agencies must now require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling. This, too, is something that has widely been done in practice but is now an express requirement in the law.

Meaning of “Objective”
Lastly, most cities have understood what the law means by “objective” standards (based on other changes to housing law in recent years), but the Legislature has now inserted an express definition into the ADU law: An “objective” standard as a standard that involves “no personal or subjective judgment by a public official” and that is “uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Urgency Ordinance
Because state law requires complete, across-the-board consistency between a local ordinance and the state ADU law, nearly every — if not every — city and county in the state with an ADU ordinance will once again need to amend its ordinance to comply with the changes above.

The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.

SB 897 was signed into law on September 28, 2022, and takes effect January 1, 2023. Given the now common practice of the State Legislature of adopting comprehensive legislation at the end

4.2 Packet Pg. 1159
of its session (September) that go into effect just three months later (January 1), an Urgency Ordinance is required as there was insufficient time to take a standard Ordinance through the usual process. Urgency Ordinance 22-19 would become effective January 1, 2023.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

FISCAL IMPACT:

There is no impact on the General Fund for adopting this Urgency Ordinance.

ATTACHMENTS:

Urgency Ordinance No. 22-19
Exhibit "A"
Section 17.405.060 Redline Version

4.2 Packet Pg. 1160
Urgency Ordinance No. 22-19

STATE OF CALIFORNIA ) URGENCY ORDINANCE NO. 22-19
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN JACINTO, CALIFORNIA AMENDING
SECTION 17.405.060 OF THE CITY OF SAN JACINTO

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by Ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU Ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU Ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s Ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU Ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

4.2.a
Packet Pg. 1161 Attachment: Urgency Ordinance No. 22-19 (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) Urgency Ordinance No. 22-19

These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency Ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an Ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements the State’s ADU law.

SECTION 3. Section 17.405.060 of Chapter 17.405 of the San Jacinto Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

SECTION 4. Effective Date. This Ordinance takes effect immediately upon its adoption.

SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of San Jacinto.

SECTION 6. The City Clerk shall submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.

4.2.a
Packet Pg. 1162 Attachment: Urgency Ordinance No. 22-19 (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) Urgency Ordinance No. 22-19

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on December 6, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
__________________________
Crystal Ruiz, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

4.2.a
Packet Pg. 1163 Attachment: Urgency Ordinance No. 22-19 (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) Urgency Ordinance No. 22-19

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

CERTIFICATION
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Urgency Ordinance No. 22-19 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 6th of December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of December, 2022. ________________________________
Julia Espinoza, City Clerk

4.2.a
Packet Pg. 1164 Attachment: Urgency Ordinance No. 22-19 (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) Urgency Ordinance No. 22-19

EXHIBIT A
Amended ADU Regulations
Section 17.405.060 (Accessory Dwelling Units) of Title 17 (Development Code) (follows this page)

4.2.a
Packet Pg. 1165 Attachment: Urgency Ordinance No. 22-19 (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405

17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

A. Single-Family Residential Zones:

1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

2. Attached ADU: One (1) Attached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

3. Detached ADU: One (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

B. Multi-Family Residential Zones.

1. Attached ADUs: Existing or proposed multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted to an ADU.

The maximum number of ADU units shall not exceed 25% of the existing dwelling units, or at least one (1) Attached ADU.

2. Detached ADUs: No more than two (2) accessory dwelling units shall be permitted per lot developed with existing or proposed multiple-family dwellings, which are detached from that multi-family dwelling.

4.2.b
Packet Pg. 1166 Attachment: Exhibit "A" (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))

17.405 ACCESSORY STRUCTURES AND USES
C. Development Standards and Requirements. The following development standards apply to both ADU and JADU unless otherwise indicated.

1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building permit plan check process. ADUs and Junior ADUs are exempt from Density requirements.

2. No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

3. Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.

5. May be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.

6. Shall not be utilized as a short-term rental (rentals of 30 days or less).

7. Shall have direct exterior access.

8. ADUs of 850 square feet or less shall have a maximum of one bedroom.

9. Junior Accessory Dwelling Units:
i. Is no more than 500 square feet.
ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family structure.
iv. A JADU shall not be located within an accessory structure.

4.2.b
Packet Pg. 1167 Attachment: Exhibit "A" (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405
v. its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure. vi. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
vii. May includes an efficiency kitchen, as defined in Article 8. viii. Construction of a JADU shall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit.
ix. The property owner must reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, except if property is entirely owned by another governmental agency, land trust, or housing organization.

10. Accessory Dwelling Units
i. Attached ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
c. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc.
b. Shall not exceed 1,200 square feet.

4.2.b
Packet Pg. 1168 Attachment: Exhibit "A" (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))

17.405 ACCESSORY STRUCTURES AND USES
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.

1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in overall height or 20 feet overall height, if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. Is not located within the front yard setback area.
e. Shall not exceed the lot coverage for the underlying zone. f. Conversion of an existing Accessory Structure to an ADU:

1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.

D. Parking.

1. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section

2. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in conjunction with the

4.2.b
Packet Pg. 1169 Attachment: Exhibit "A" (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405
construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.

E. Design Features. All ADUs or JADUs shall be designed to be:

1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement;

2. Provided with its own entrance that is separate from the entrance to the primary dwelling; and
F. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.

G. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.

H. Nonconformity and Violations. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.

I. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application.

J. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above including lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, 2019; Ord. 22-19, 2022)

4.2.b
Packet Pg. 1170 Attachment: Exhibit "A" (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405

17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

A. Single-Family Residential Zones:

1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

2. Attached ADU: One (1) Attached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.that complies with the following standards:

3. Detached ADUCombination: A maximum of oOne (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residenceand one (1) JADU may be constructed on a single-parcel in compliance with paragraphs (1) and (2) above provided that (a) the ADU does not exceed 800 square feet in total floor area and (b) the JADU does not exceed 500 square feet in total floor area.

B. Multi-Family Residential Zones.

1. Attached ADUs: Existing or proposed multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted to an ADU.

The maximum number of ADU units shall not exceed 25% of the existing dwelling units, or at least one (1) Attached ADU.

2. Detached ADUs: No more than two (2) accessory dwelling units shall be permitted per lot developed with existing or proposed multiple-family dwellings, which are detached from that multi-family dwelling.

3. Accessory Dwelling Units shall comply with all applicable Site, Location, Design, and Development Standards and Design Guidelines (Chapter 17.420) for Multiple-Family Residential Zones but are exempt from a Site Plan Design Review application.

4.2.c
Packet Pg. 1171 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))

17.405 ACCESSORY STRUCTURES AND USES
C. Development Standards and Requirements. The following development standards apply to both ADU and JADU unless otherwise indicated.

1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building permit plan check process. ADUs and Junior ADUs are exempt from Density requirements.

1.2.No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

2.3.Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3.4.A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.

4.5.May be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.

5.6.Shall not be utilized as a short- term rental (rentals less than 30 daysof 30 days or less).

7. Shall have direct exterior access.

6.8.ADUs of 850 square feet or less shall have a maximum of one bedroom.

7. Shall not contain more than two bedrooms.

8. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.

4.2.c
Packet Pg. 1172 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405

9. Junior Accessory Dwelling Units:
i. Is no more thanlimited to 500 square feet.
i.ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within, or attached to, an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing singlefamily structure. iv. A JADU shall not be located within an accessory structure. v. its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure. vi. Shall contain no less than the 150 square feet area minimum required for an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
ii.vii. May includes an efficiency kitchen, as defined in Article 8. viii. Construction of a JADU shall require an owner occupancy covenant agreement deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit. iii.ix. The property owner mustay reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, except if property is entirely owned by another governmental agency, land trust, or housing organization.

10. Accessory Dwelling Units
i. Attached ADUs
a. Shall comply with the underlying Zone development standards for setback, height, lot coverage, etc.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.

4.2.c
Packet Pg. 1173 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))

17.405 ACCESSORY STRUCTURES AND USES
b.c.Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc.
b. Shall not exceed 1,2000 square feet.
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.

1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in overall height or 20 feet overall height, if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. Is not located within the front yard setback area.
d.e.Shall not exceed the lot coverage for the underlying zone. e.f. Conversion of an existing Accessory Structure to an ADU:

1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily

4.2.c
Packet Pg. 1174 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units)) ACCESSORY STRUCTURES AND USES 17.405
building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.
f. New Construction of an Accessory Structure

1. Shall maintain a minimum four (4) foot setback from rear and side lot lines and the primary dwelling.

2. Is not located within the front yard setback area.

3. Does not exceed 16 feet in overall height.

4. Shall not exceed the lot coverage or FAR for the
underlying zone.

D. Parking.

1. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section

11.2. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.

D.E. Design Features. All ADUs or JADUs shall be designed to be:

1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement;

2. Provided with its own entrance that is separate from the entrance to the primary dwelling; and
E.F. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.

F.G. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.

H. Nonconformity and Violations. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.

4.2.c
Packet Pg. 1175 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))

17.405 ACCESSORY STRUCTURES AND USES
I. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application.

G. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above including lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, adopted December 17, 2019; Ord. 22-19, 2022)

4.2.c
Packet Pg. 1176 Attachment: Section 17.405.060 Redline Version (Urgency Ordinance No. 22-19 to Amend Section 17.405.060 (Accressory Dwelling Units))