CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Meagan Harmon
Mayor Pro Tempore
Kristen W. Sneddon
Ordinance Committee Chair
Ariel Pierre Calonne
City Attorney
Eric Friedman
Finance Committee Chair
Sarah J. Knecht
Acting City Attorney
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
NOVEMBER 8, 2022, 2:00 PM
AGENDA
COUNCIL CHAMBERS, CITY HALL, 735 ANACAPA STREET, SANTA BARBARA, CA 93101; 320-A WEST ORTEGA STREET, SANTA BARBARA, CA 93101; 1030 CACIQUE STREET, SANTA BARBARA CA 93103
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 948 7481 3299 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.
Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 11/08/2022 Santa Barbara City Council Final Agenda Page 1 NOVEMBER 8, 2022 AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: National Law Enforcement Records and Support Services Day (120.04)
CHANGES TO THE AGENDA
PUBLIC COMMENT
CONSENT CALENDAR
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of October 18, 2022; and the two special meetings of October 18, 2022.
3. Subject: Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Introduction] (660.04) Recommendation: That City Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with South Coast Housing, Inc. a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New NinetyYear Affordability Control Covenant Imposed on Real Property Located at 1212 Punta Gorda; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as necessary.
11/08/2022 Santa Barbara City Council Final Agenda Page 2
4. Subject: Acceptance of Homeland Security Grant [Resolution; Agreement] (520.04)
Recommendation: That Council:
A. Accept a grant for $78,992 for the procurement of law enforcement equipment; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $78,992.
5. Subject: Community Promotion Agreement with Old Spanish Days [Agreement] (180.02)
Recommendation: That Council authorize the City Administrator to execute a community promotion agreement with Old Spanish Days in an amount of $100,977, covering the period from July 1, 2022 to June 30, 2023.
6. Subject: Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement] (180.02)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion contract with the Santa Barbara South Coast Chamber of Commerce in an amount of $59,500.
7. Subject: Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement] (610.01)
Recommendation: That Council:
A. Grant exception to the Mills Act contract threshold for assessed property valuation, pursuant to Santa Barbara Municipal Code §30.157.145.C.4.m., for a designated Structure of Merit at 401 East Pedregosa Street (APN 025- 393-012); and
B. Authorize the Community Development Director to execute the Mills Act historic property contract.
11/08/2022 Santa Barbara City Council Final Agenda Page 3
8. Subject: Approval of Banking Services and Custodial Agreements [Agreement] (210.03)
Recommendation: That Council Approve the Fifth Amendment to Agreement No. 25036 with MUFG Union Bank for banking and trust custodial services, executing a 12-month extension at a net cost estimated at $1,600 per month for the banking services and $3,000 for the trust custodial services.
9. Subject: Self Insured Workers' Compensation Program Annual Report (350.01)
Recommendation: That Council receive the Annual Self Insured Workers’ Compensation Program Annual Report for the year ended June 30, 2022.
This concludes the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC HEARINGS
10. Subject: 2022 California Building and Fire Codes Adoption [Ordinance Introduction] (640.04)
Recommendation: That Council:
A. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 22.04 of the Municipal Code and Adopting by Reference the 2022 Edition of the California Building Code, Volumes 1 and 2; the 2022 Edition of the California Residential Code; the 2022 Edition of the California Electrical Code; the 2022 Edition of the California Mechanical Code; the 2022 Edition of the California Plumbing Code; the 2022 Edition of the California Energy Code; the 2022 Edition of the California Historical Building Code; the 2022 Edition of the California Existing Buildings Code; the 2022 Edition of the California Green Building Standards Code; the 2022 Edition of the California Referenced Standards Code; and the 2021 International Property Maintenance Code; Adopting Local Revisions to Those Codes; and Repealing Ordinance Number 5919; and
B. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 8.04 of the Municipal Code and Adopting by Reference the 2021 Edition of the International Fire Code, Including Appendix Chapter 4 and Appendices B, BB, C, CC, and H of That Code, and the 2022 California Fire Code with Local Amendments to Both Codes.
11/08/2022 Santa Barbara City Council Final Agenda Page 4
MAYOR AND COUNCIL REPORTS
11. Subject: Interviews for City Advisory Groups (140.05) Recommendation: That Council:
A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to November 15, 2022. (Est. time 6:00 p.m.)
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
12. Subject: Conference with Labor Negotiator (440.02)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City negotiator Wendy Levy, Human Resources Director, Sam Ramirez, Labor Relations Manager, John Doimas, Assistant City Attorney, Keith DeMartini, Finance Director, Chris Mailes, Fire Chief regarding negotiations with, Santa Barbara City Employees’ Association (General Bargaining Unit) Local 620 Service Employees’ International Union, Service Employees’ International Union, Local 620, Treatment and Patrol and Hourly Bargaining Units, Fire Management Association, Santa Barbara City Firefighters Association, Police Officers Association, Police Management Association, Santa Barbara City Supervisory Employees, and Unrepresented Management and Confidential Employees.
SCHEDULING: Duration, 40 Minutes; anytime
REPORT: None anticipated
11/08/2022 Santa Barbara City Council Final Agenda Page 5
13. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is John Williams v. City of Santa Barbara WCAB Case Nos.:
ADJ12512037, ADJ10611043, ADJ14212159, ADJ unassigned.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
ADJOURNMENT
Agenda Item No. 1
File Code No. 120.04
10/18/2022 Santa Barbara City Council Minutes Page 1 of 6
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
OCTOBER 18, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee met at 12:30 p.m. The Ordinance Committee, which normally meets at 12:30 p.m., did not meet on this day).
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon (2:09 p.m.), Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: National Arts & Humanities Month, October 2022 (120.04) Action: Mayor Rowse delivered a Proclamation to Robin Gozi, MOXI Museum.
CHANGES TO THE AGENDA
There were no changes to the agenda.
PUBLIC COMMENT
Members of the public: Linda Foster; Michael Baker.
Agenda Item No. 2
10/18/2022 Santa Barbara City Council Minutes Page 2 of 6 CONSENT CALENDAR (Items 2 – 10)
The titles of the Resolutions and Ordinances were read.
Motion:
Councilmembers Friedman/O. Gutierrez to approve the Consent Calendar as recommended.
Vote:
Unanimous roll call vote.
2. Subject: Ordinance to Assign Additional Civilian Police Oversight Duties to the Board of Fire and Police Commissioners [Ordinance Adoption] (520.01) Recommendation: Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara amending the Municipal Code by adding Chapter 2.09 to assign additional civilian police oversight duties to the Board of Fire and Police Commissioners.
Action: Approved the recommendation; Ordinance No. 6087; (October 18, 2022 Council Agenda Report and any attachments).
3. Subject: Proposal to Amend Various Sections of Title 17 of the Santa Barbara Municipal Code Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor [Ordinance Introduction] (570.03) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Amending Sections 17.04.010,
17.12.050, 17.20.005, and 17.36.040 Pertaining to Definitions, Vessels, Slip Assignments, and Parking in the Santa Barbara Harbor.
Action: Approved the recommendation; Proposed Ordinance; (October 18, 2022 Council Agenda Report and any attachments).
4. Subject: 2022-2026 Supervisor’s Association Bargaining Unit Memorandum of Understanding and Amendment of Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023 [Ordinance Introduction; Resolution] (410.06)
Recommendation: That Council:
A. Ratify the Memorandum of Understanding with the Santa Barbara City Supervisory Employees' Bargaining Unit through introduction and subsequent adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2026 Supervisors 10/18/2022 Santa Barbara City Council Minutes Page 3 of 6 Memorandum of Understanding and Providing for Compensation Changes for Confidential Supervisor Employees; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023, Affecting the Salaries of Certain Classifications in the Supervisor's Association Effective October 22, 2022.
Action: Approved the recommendations; Proposed Ordinance; Resolution No. 22-108; (October 18, 2022 Council Agenda Report and any attachments).
5. Subject: 2022-2024 Hourly Employees Bargaining Unit Memorandum of Understanding and Amendment of Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023 [Ordinance Introduction; Resolution] (410.06)
Recommendation: That Council:
A. Ratify the Memorandum of Understanding between the City and the Service Employees' International Union, Local 620, Hourly Employees’ Bargaining Unit, for the period of July 1, 2022 through June 30, 2024, by introduction and subsequent adoption of, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2022-2024 Memorandum of Understanding Between the City of Santa Barbara and the Service Employees' International Union, Local 620, Hourly Employees’ Bargaining Unit; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-064, the Position and Salary Control Resolution for Fiscal Year 2023, Affecting the Salaries of Certain Classifications in the SEIU Hourly Bargaining Unit Effective October 22, 2022.
Action: Approved the recommendations; Proposed Ordinance; Resolution No. 22-109; (October 18, 2022 Council Agenda Report and any attachments).
6. Subject: Authorize Execution of a Quitclaim Deed on Property Known as 219 East Haley Street [Resolution] (640.08)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Public Works Director to Execute a Quitclaim Deed Conveying a Vacant Remnant Parcel Adjacent to Assessor Parcel Number 031-202-014.
Action: Approved the recommendation; Resolution No. 22-110; (October 18, 2022 Council Agenda Report and any attachments).
10/18/2022 Santa Barbara City Council Minutes Page 4 of 6
7. Subject: Authorize Execution of Underground Utility Easement to Southern California Edison on City Park Property Adjacent to 900 Calle de Los Amigos [Resolution] (380.01)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Public Works Director to Execute an Underground Utility Easement to Southern California Edison on City Park Property Adjacent to 900 Calle de Los Amigos.
Action: Approved the recommendation; Resolution No. 22-111; (October 18, 2022 Council Agenda Report and any attachments).
8. Subject: Acceptance of State of California Office of Traffic Safety Selective Traffic Enforcement Grant [Resolution; Agreement] (530.05) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Police Department Miscellaneous Grant Fund Budget in the Amount of $200,000; and
B. Accept the State of California, Office of Traffic Safety Grant in the amount of $200,000 and authorize the Chief of Police to execute the grant agreement.
Action: Approved the recommendation; Resolution No. 22-112; Agreement 28,207; (October 18, 2022 Council Agenda Report and any attachments).
9. Subject: Fiscal Year 2023 Interim Financial Statements for the Two Months Ended August 31, 2022 (250.02)
Recommendation: That Council accept the Fiscal Year 2023 Interim Financial Statements for the two months ended August 31, 2022.
Action: Approved the recommendation (October 18, 2022 Council Agenda Report and any attachments).
10. Subject: Annual Contract with the Santa Barbara County Office of Arts and Culture [Agreement] (150.04)
Recommendation: That Council authorize the City Administrator to execute an agreement with the Santa Barbara County Office of Arts and Culture in the amount 10/18/2022 Santa Barbara City Council Minutes Page 5 of 6 of $460,847, of which $295,947 will be regranted, as approved in the Fiscal Year 2023 adopted budget.
Action: Approved the recommendation; Agreement No. 28,208; (October 18, 2022 Council Agenda Report and any attachments).
This concluded the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Finance Committee received a presentation from staff of the Housing Authority of the City of Santa Barbara.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
11. Subject: Access Advisory Committee – Annual Report (640.03) Recommendation: That Council receive an update on the recent activities and achievements of the Access Advisory Committee.
Documents:
- October 18, 2022 Council Agenda Report and any attachments - PowerPoint Presentation prepared and made by staff
Speakers:
- Staff: Interim City Engineer Ashleigh Shue; Public Works Director Cliff Maurer; Downtown Plaza and Parking Manager Sarah Clark. - Access Advisory Committee members: Bob Burnham; Nick Koonce; James Marston.
- Members of the Public: None.
Discussion:
- Councilmembers’ questions were answered.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Friedman reported on their attendance or made the following comment(s): 1. Library Advisory Board meeting; 2. Harbor and Seafood Festival; 3. AsianAmerican Heritage Festival; 4. Sustainability Committee meeting; 5. Housing Authority Self-Sufficiency event.
10/18/2022 Santa Barbara City Council Minutes Page 6 of 6 Councilmember Harmon reported on their attendance or made the following comment(s):
1. Coastal Commission meeting.
Councilmember O. Gutierrez reported on their attendance or made the following comment(s): 1. Youth Council staff; 2. Met with PAL director; 3. Ribbon Cutting for Area
5.1; 4. Santa Barbara Trust for Historic Preservation Asian-American Festival; 5. Housing Authority Self-Sufficiency Graduation; 6. Acknowledging passing of Lady Ridley-Tree.
Councilmember Sneddon reported on their attendance or made the following comment(s): 1. Sustainability Committee; 2. COMB meeting.
Mayor Rowse reported on their attendance or made the following comment(s): 1.
California Transportation Commission meeting; 2. HLC and Planning Commission joint meeting; 3. Boys and Girls club fundraiser; 4. Tour with Crane School students.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 3:41 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on November 8, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
10/18/2022 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
OCTOBER 18, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:00 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CLOSED SESSIONS
1. Subject: Public Employee Performance Evaluation – Government Code Section 54957 (170.01)
Recommendation: That Council hold a closed session for a Public Employee Performance Evaluation per Government Code Section 54957.
Title: City Administrator
Scheduling: Duration, 60 minutes; anytime
Report: None anticipated
Document:
10/18/2022 Santa Barbara City Council Minutes Page 2 of 2 - October 18, 2022, report from the City Administrator’s Office Time:
- 11:03 a.m. – 12:04 p.m.
No report made.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 12:04 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on November 8, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
10/18/2022 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
OCTOBER 18, 2022
COUNCIL CHAMBERS; MAYOR/COUNCIL OFFICE, CITY HALL,
735 ANACAPA STREET; AND
1030 CACIQUE STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 4:30 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: Alejandra Gutierrez.
Staff present: City Administrator Rebecca Bjork, Acting City Attorney Sarah Knecht, City Clerk Services Manager Sarah Gorman.
CLOSED SESSION
1. Subject: Conference with City Attorney--Anticipated Litigation -- Gov. Code § 54956.9(d)(2) & (d)(3) ()
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) & (d)(3) and take appropriate action as needed.
The anticipated litigation is based upon significant exposure to litigation arising out of the October 14, 2022 letter from the law firm of Cappello & Noël, LLP.
Scheduling: Duration: 30 minutes; 4:30pm
Report: None anticipated
10/18/2022 Santa Barbara City Council Minutes Page 2 of 2 Document:
- October 18, 2022, report from the City Administrator
Time:
- 4:32 p.m. – 5:24 p.m.
No report made.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 5:24 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on November 8, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
CITY OF SANTABARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: Housing and Human Services Division, Community
Development Department
SUBJECT: Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Introduction] RECOMMENDATION:
That City Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Restated Loan Agreement with South Coast Housing, Inc. a California Nonprofit Public Benefit Corporation, Secured by a Restated Deed of Trust, and New Ninety-Year Affordability Control Covenant Imposed on Real Property Located at 1212 Punta Gorda; and Authorizing the Community Development Director to Execute Such Agreements, Subject to Approval as to Form by the City Attorney, as necessary.
DISCUSSION:
Background
Holiday Mobile Home Park (“Holiday MHP”) is an approximately 65-year-old, 23-space family mobile home park that provides housing to Low-Income households on small lots situated on .95 acres on Santa Barbara’s Eastside. It is owned by a resident organization known as South Coast Housing, Inc., with a five-member elected Board of Directors (Board). Each resident owns their own mobile home and leases their space. Jeffry Waxman of Delmonte Management, who resides in the one on-site manager unit, currently manages the property.
Loan History and Default
On April 21, 1989, the City’s Redevelopment Agency provided a conversion loan in the amount of $25,000 to South Coast Housing, Inc., on behalf of Holiday MHP. South Coast Housing, Inc., requested additional assistance for Holiday MHP to help with the acquisition, refinance, and rehabilitation costs of the property, and the City’s Redevelopment Agency Agenda Item No. 3
File Code No. 660.04
Council Agenda Report
Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Introduction]
November 8, 2022
subsequently provided a new $200,000 loan with the requirement that the first loan of $25,000 be paid off. The refinance was completed on December 13, 1990; however, the accrued interest (totaling $1,885) was not paid from the first loan and was carried over without the accrual of additional interest and is part of the required current payoff balance.
No payments have been made on the principal loan balance of $200,000 and, as of September 15, 2022, the accrued interest was $286,003. The total payoff balance of the loan (including all unpaid accrued interest for both loans) was $487,888 as of September 15, 2022.
Proposed Restructured Loan
The Board of Directors of Holiday MHP approached the City with an interest in negotiating restructuring of the loan to cure the default. Following a thorough review of Holiday MHP’s financial statements for the year ending December 31, 2021, and negotiations with the Board-appointed Committee, staff proposes the following terms to restructure the loan:
Staff requested a $100,000 pay down of the unpaid accrued interest on the loan as an act of good faith. The Committee instead requested a pay down of $75,000 and use $25,000 from reserves to make necessary repairs, including installing a new electric gate and fence, and reroofing the laundry room. City staff agreed but will require that these capital improvements be completed within seven-and-a-half years.
After deduction of the $75,000 accrued interest down payment, the remaining unpaid accrued interest estimated balance due as of December 15, 2022 will be $213,246 and added to the carried-over unpaid interest from the first loan of $1,885, the total amount of unpaid interest will be approximately $215,131. This amount will be amortized over a 15-year period at zero interest and paid to the City in monthly payments of $1,196.
The $200,000 principal balance will be re-amortized over a 15-year period at 4.5 percent simple interest, resulting in a monthly payment of $1,530. The total of both payments per month will be $2,726, which will amount to a total of $32,712 in payments to the City per year. Both proposed loan amortization tables and details about how the payments will be applied are attached (Attachment 1).
There will be no prepayment penalties on the new loan. According to South Coast Housing Inc. financial statements, cash and cash equivalents at the end of the year, there is a balance of $209,164, which is sufficient for the $75,000 pay down, leaves a healthy reserve balance, and covers the repairs identified above. A new 90-year City Affordability Control Covenant Imposed on Real Property (Covenant) will be recorded on the property to restrict new tenancies to LowerIncome households whose total income does not exceed 60 percent of the Area Council Agenda Report
Restructure of South Coast Housing Inc. Loan (Holiday Mobile Home Park) 1212 Punta Gorda Street [Ordinance Introduction]
November 8, 2022
Median Income (in accordance with the Committee’s request to be more restrictive than the usual 80 percent AMI maximum) as determined and published by the U.S.
Department of Housing and Urban Development (HUD).
The Board of Directors took action at their meeting of August 24, 2022, to approve the terms of the restructured loan agreement with the City (Attachment 2).
Long-Term Affordability
As a condition of the restructured loan, a new Covenant will be recorded concurrently with the required loan documents requiring that the Property remain affordable to LowIncome residents for 90 years.
Conclusion
Staff supports the proposed loan restructure request because it supports the City’s General Plan Housing Element, Housing Opportunities Policy, Section H2, which states, “Promote equal housing opportunities for all segments of the community, with special emphasis given to extremely low, very low, low, moderate, middle income and special needs households.”
On November 1, 2022, the Finance Committee recommended that City Council approve the loan restructure request for property located at 1212 Punta Gorda Street in order to cure the current default condition and to continue to provide the much-needed affordable housing units for the Low-Income residents.
BUDGET/FINANCIAL INFORMATION:
Funding for the original loan provided in the amount of $200,000 has already been disbursed, and no further funding will be needed to accomplish the restructuring of the original principal and unpaid accrued interest amounts. All outstanding unpaid accrued interest will be added to the new restructured loan terms.
ATTACHMENTS: 1. Restructured Loan Amortization Schedule
2. August 24, 2022, South Coast Housing, Inc., Meeting Minutes PREPARED BY: Laura Dubbels, Housing and Human Services Manager SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’sOffice
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Meeting Minutes for
South Coast Housing Inc.
Date of Meeting: August 24, 2022
Time: 6:13 P.M
Location of meeting: 1212 Punta Gorda St Space 3, Santa Barbara, CA 93103 Call to order
I call the meeting to order for South Coast Housing Inc today is Thursday, June 23, 2022 at 6:10 P.M.
Attendees
Board Members in Attendance included: Angel Diosdado – President, Agustin Corona – Vice President, Ann Tesar – Treasurer, Adriana Corona – Secretary, Efren Olvera – Member at Large.
Guests in Attendance – Jeff Waxman – Del Monte Management Company Agenda Item #1: Approve renegotiated loan terms with the City of Santa Barbara Discussion: Renegotiation letter was sent to member of the board for review. Everything in the letter was as discussed when we met with the City of Santa Barbara. Board appointed Angel Diosdado as the authorized signer to sign all loan documents with the City of Santa Barbara.
Action: The renegotiated loan terms were approved unanimously by the board. Motion to approve the renegotiated loan terms was done by Agustin Corona – Vice President and seconded that motion by Efren Olvera – Member at Large. All board members in favor of the motion. Angel Diosdado appointed as authorized singer for the Board to sign all loan documents with the City of Santa Barbara. Agustin Corona – Vice President made the motion to authorize Angel Diosdado as the Authorized Signer and Efren Olvera – Member at Large seconded that motion. All board members in favor.
ATTACHMENT 2
Adjournment:
Ann Tesar – Treasurer makes the motion for the meeting to be adjourned. Agustin Corona – Vice President seconded that motion. All board members in favor. Meeting adjourned. 1 ORDINANCE NO.____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA APPROVING A RESTATED LOAN
AGREEMENT WITH SOUTH COAST HOUSING, INC. A
CALIFORNIA NONPROFIT PUBLIC BENEFIT
CORPORATION, SECURED BY A RESTATED DEED OF
TRUST, AND NEW NINETY-YEAR AFFORDABILITY
CONTROL COVENANT IMPOSED ON REAL PROPERTY
LOCATED AT 1212 PUNTA GORDA; AND AUTHORIZING
THE COMMUNITY DEVELOPMENT DIRECTOR TO
EXECUTE SUCH AGREEMENTS, SUBJECT TO
APPROVAL AS TO FORM BY THE CITY ATTORNEY, AS
NECESSARY
WHEREAS, SOUTH COAST HOUSING, INC (“Owner”) is restating an existing loan on the real property commonly known as 1212 Punta Gorda in the City of Santa Barbara ("Property); and
WHEREAS, by minute action on November 8, 2022, the City Council approved a 15-year repayment of an existing loan in the amount of Two Hundred Thousand ($200,000) with a rate of 4.5% simple interest and a 15-year repayment of an existing loan’s interest in the amount of Two Hundred Twelve Thousand Eight Hundred Seven ($212,887) with a zero percent interest rate (“City Loan”); and WHEREAS, in exchange for the City Loan restructure, Owner and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to Low-Income residents (“Covenant”) for a total of ninety (90) years to comply with the City’s Affordable Housing Policies and Procedures; and WHEREAS, on November 8, 2022, the City Council, introduced and subsequently Adopted an ordinance approving the restated City Loan, Deed of Trust and Covenant; and
2 WHEREAS, the City Loan is secured by the Restated Deed of Trust recorded in the office of the County Recorder on ________, 2022, as Instrument No. __________________of official records for the purpose of securing Owner’s obligations under the Restated City Loan; and
WHEREAS, Owner agrees to comply with Covenant recorded in the office of the County Recorder on _________, 2022, as Instrument No. ____________ of official records.
THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving the Restated City Loan, Restated Deed of Trust and Covenant is hereby approved.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 22, 2022
TO: Mayor and Councilmembers
FROM: Chief’s Staff, Police Department
SUBJECT: Acceptance of Homeland Security Grant [Resolution; Agreement] RECOMMENDATION: That Council:
A. Accept a grant for $78,992 for the procurement of law enforcement equipment; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Police Department Miscellaneous Grants Fund Budget in the Amount of $78,992.
DISCUSSION:
The California Governor’s Office of Emergency Services (Cal OES) approved the County of Santa Barbara’s FY 2020 Homeland Security Grant Program (HSGP) application. The City of Santa Barbara Police Department is a subrecipient to this grant in the amount of $78,992. This funding will be used to obtain ballistic shields and security cameras.
BUDGET/FINANCIAL INFORMATION:
By accepting this grant, the Police Department will increase revenue and expenditure appropriation of $78,992 in the Fiscal Year 2023 Police Department Miscellaneous Grants budget. There is no City cost-matching component to this grant.
A copy of the contract/agreement is available for public review by submitting a request via email to [email protected].
PREPARED BY: Kenneth Kushner, Commander
SUBMITTED BY: Kelly Gordon, Chief of Police
APPROVED BY: City Administrator's Office
Agenda Item No. 4
File Code No. 520.04
RESOLUTION NO. __________________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 22-059,
ADOPTING THE BUDGET FOR FISCAL YEAR 2023, TO
APPROVE AN INCREASE OF REVENUE AND
EXPENDITURE APPROPRIATIONS IN FISCAL YEAR 2023
IN THE POLICE DEPARTMENT MISCELLANEOUS
GRANTS FUND BUDGET IN THE AMOUNT OF $78,992.
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and
WHEREAS, this Resolution adopted by City Council shall memorialize that action to amend the budget as provided herein.
NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that in accordance with the provisions of Section 1205 of the City Charter, the budget for the Fiscal Year 2023, as adopted by Resolution No. 22-059, is hereby amended as follows:
1. The Council accepts the 2021 Homeland Security grant.
2. The Council approves of the increase in revenue and expenditure appropriation of $78,992 in the Fiscal Year 2023 Fire Miscellaneous Grants budget.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Community Promotion Agreement with Old Spanish Days [Agreement] RECOMMENDATION:
That Council authorize the City Administrator to execute a community promotion agreement with Old Spanish Days in an amount of $100,977, covering the period from July 1, 2022 to June 30, 2023.
DISCUSSION:
The Fiscal Year 2023 Adopted Budget includes $100,977 in funding for the Old Spanish Days organization. The funding will be used for organizing, promoting, and sponsoring the community celebration of Fiesta, as well as supporting year-round administrative expenses.
The Old Spanish Days community celebration known as Fiesta helps educate the community about the history and traditions of Santa Barbara’s heritage. The event includes a historic parade, evening variety shows, and marketplaces for entertainment, food, and crafts. The community festival is a vehicle for numerous non-profit and service groups to raise funds for local causes.
Old Spanish Days hosted live, in-person activities for signature events such as Fiesta Pequeña and Noches de Ronda for the first time since the pandemic shutdown. Both the El Mercado del Norte and the El Mercado De La Guerra with their traditional format of food and entertainment were held between August 3 and 6.
BUDGET/FINANCIAL INFORMATION:
The Fiscal Year 2023 Adopted expenditure budget includes $100,977 in funding for the Old Spanish Days organization. No additional expenditure appropriations are required.
Agenda Item No. 5
File Code No. 180.02
Council Agenda Report
Community Promotion Agreement with Old Spanish Days [Agreement] November 8, 2022
The agreement is available for review by contacting Brandon Beaudette, Senior Assistant to the City Administrator at [email protected].
PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement] RECOMMENDATION:
That Council authorize the City Administrator to execute an annual community promotion contract with the Santa Barbara South Coast Chamber of Commerce in an amount of $59,500.
DISCUSSION:
The Santa Barbara South Coast Chamber of Commerce (Chamber) manages the Visitor Information Center located at 1 Garden Street, assisting visitors with wayfinding services, free maps, assistance with hotel reservations, and information on restaurants, points of interest, and arts and cultural activities. The Center provides services seven days a week for 55 hours per week between February and October and 50 hours per week between November and January.
The City will pay the Chamber to operate the Visitor Information Center at 1 Garden Street for $59,500. This contract will help support year-round administrative expenses, including salary and benefits and administrative expenses. This contract is separate from the visitor center on State Street that is jointly-managed by the Chamber and Visit Santa Barbara.
The term of the contract covers the period of July 1, 2022 through June 30, 2023.
BUDGET/FINANCIAL INFORMATION:
The City’s Fiscal Year 2023 expenditure budget includes $59,500 for this agreement.
No additional expenditure appropriations are required.
The contract is available for review in the City Clerk’s Office at City Hall at 735 Anacapa Street or by contacting Brandon Beaudette at [email protected].
Agenda Item No. 6
File Code No. 180.02
Council Agenda Report
Contract with the Santa Barbara South Coast Chamber of Commerce to Support Visitor Information Center Operations [Agreement]
November 8, 2022
PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement]
RECOMMENDATION: That Council:
A. Grant exception to the Mills Act contract threshold for assessed property valuation, pursuant to Santa Barbara Municipal Code §30.157.145.C.4.m., for a designated Structure of Merit at 401 East Pedregosa Street (APN 025-393-012); and B. Authorize the Community Development Director to execute the Mills Act historic property contract.
EXECUTIVE SUMMARY:
The City’s Mills Act program allows the Historic Landmarks Commission (HLC) to approve contracts under a certain property value threshold. The property at 401 East Pedregosa Street exceeds the $2.5 million value threshold that HLC is allowed to approve for residential projects, thus requiring an exception to be approved by City Council. The HLC recommends that City Council approve an exception to the property value threshold for the above listed property due to its historic and architectural significance to the City, and proposes a critical preservation plan that will allow the building to continue to be an architectural gem for the City.
BACKGROUND:
The Mills Act is a state law enacted in 1972 that allows owners of designated historic properties to enter a contractual, recorded agreement with its municipality to preserve, maintain, and rehabilitate the structure. A Mills Act contract with the City requires the property owner to propose and itemize a ten-year rehabilitation plan to improve, maintain, and repair the property. In exchange, property owner receives a significant reduction in local property taxes.
Agenda Item No. 7
File Code No. 610.01
Council Agenda Report
Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement]
November 8, 2022
City Council adopted the Mills Act Program (program) on September 22, 2009, codified at that time as Santa Barbara Municipal Code Section 22.22.160 (Incentives for Preserving Historic Resources). Council revised the Program Rules and Procedures on December 10, 2019, and set a maximum annual program revenue investment to preserve the City’s historic resources at $260,000.
As specified in the Program Rules and Procedures, in order to enter into a Mills Act contract, the subject property or structure must be a designated City Landmark, Structure of Merit, or contributing resource to a Historic District. Additionally, a single-unit, owner-occupied residential property may not exceed $2.5 million, and a multi-unit residential or commercial property may not exceed $3 million in total tax assessed value to qualify for the tax reduction program. The intent of the assessed valuation threshold is to allocate benefits to as many properties as possible, given the City’s limit in total program property tax revenue investment in historic resource preservation. The ordinance authorizes the Community Development Director to execute the contracts if the property fulfills all the requirements, or if Council approves applicable exceptions. Santa Barbara Municipal Code §30.157.145.C.4.m. allows Council to approve exceptions to the assessed property value rule.
DISCUSSION:
The annual due date for all Mills Act applications is June 30. The Historic Landmarks Commission (HLC) reviewed three properties for potential Mills Act Contracts in 2022 and recommended all be executed by the Community Development Director. Only one of the three properties requires City Council approval to exceed the maximum assessed property valuation thresholds.
401 East Pedregosa Street
The owner of 401 East Pedregosa Street seeks the approval of a Mills Act contract to allow a property tax reduction for the historically significant, Craftsman style house designed in 1912. The assessed property value of 401 East Pedregosa is $3,060,000, requiring an exception by Council to exceed the $2.5 million threshold for a single-unit, owner-occupied residential property.
The HLC reviewed the proposed ten-year rehabilitation plan on August 17, 2022, and recommended that Council grant the exception because the current owner plans to undertake extensive work that will enable the residence to continue to convey its historic significance (Attachment 1 – Historic Landmarks Commission Minutes). The scope of work includes reinforcing structural damage by termites, replacing the roof, repairing/replacing damaged historic woodwork to match the existing, replacing damaged and deteriorated shingle siding on the house to match existing, repairing and repainting deteriorated and rotted window frames, and reconstructing the garage to match existing character-defining features.
Constructed in 1912, the Craftsman style structure is one of the largest in Santa Barbara.
The residence is known as the Tiffany house, as Burnett Y. Tiffany, member of the Louis Comfort Tiffany family and well-known artist, lived in the house from 1913 to 1934. The house Council Agenda Report
Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement]
November 8, 2022
dominates this corner of the Lower Riviera Neighborhood and demonstrates outstanding features of exposed eaves with triangular knee braces under the gables, wood-shingled walls, and true divided-light casement windows that match the glass pattern in the wide front door. The Historic Landmarks Commission designated the building a Structure of Merit on December 8, 2021 (Attachment 2 – Architectural Historian Report on Historic Significance of 401 East Pedregosa Street). The planned rehabilitation of this property makes it an excellent candidate for a Mills Act contract.
BUDGET/FINANCIAL INFORMATION:
For the Community Development Director to execute the requested contract, Council must grant an exception for the assessed property value, which exceed the $2.5 million threshold.
If approved, the reduced property tax revenue would result in an annual reduction of approximately $1,800 to the City’s General Fund.
The City has executed 60 Mills Act contracts since the program’s adoption in 2009. Following is an outline of the City’s financial investment in historic preservation, taken from the General Fund:
Ongoing annual tax revenue investment of the 60 existing Mills Act contracts:
approximately $79,928.
Three additional Mills Act contracts proposed in 2022: approximately $3,996 annually. The total annual investment in 63 contracts: approximately $83,924 (well under the $260,000 annual limit for the program).
The investment in the preservation of the City’s historic resources is variable and is expected to grow incrementally due to the number of executed contracts, the amount of assessed property values, and the percentage of tax revenue the City receives from the County Tax Assessor’s Office for each property.
ENVIRONMENTAL REVIEW:
The approval of a Mills Act contract does not authorize any new development or construction of new buildings, nor does it authorize any new land uses. The terms of City Mills Act contracts require the owners to undertake the rehabilitation work in a manner that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; therefore, the act of approving a Mills Act contract is exempt from the California Environmental Quality Act pursuant to Section 15331 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.
Copies of the proposed Mills Act contracts are available for public review; to request a copy, contact Nicole Hernandez, Architectural Historian, at [email protected] or 805-564-5536.
Council Agenda Report
Approval of a Mills Act Historic Property Tax Reduction for 401 East Pedregosa Street [Agreement]
November 8, 2022
ATTACHMENTS: 1. Historic Landmarks Commission Minutes Dated August 17, 2022
2. Architectural Historian Report on Historic Significance of 401 East Pedregosa Street
PREPARED BY: Nicole Hernandez, Architectural Historian
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
City of Santa Barbara
HISTORIC LANDMARKS COMMISSION
MINUTES
AUGUST 17, 2022
1:30 P.M.
David Gebhard Public Meeting Room
630 Garden Street
SantaBarbaraCA.gov
CALL TO ORDER
The Full Commission meeting was called to order at 1:32 p.m. by Chair Grumbine.
ATTENDANCE
Commissioners present: Grumbine, Hausz (until 4:00 p.m.), Butler, Doordan, Drury (until 4:45 p.m.), Ensberg (absent 2:28 – 2:37 p.m.), Lenvik, and Manuel (absent 2:37 – 3:52 p.m.)
Commissioners absent: Ooley
Staff present: Kokinda, Burkhart, and Ternovskaya
GENERAL BUSINESS
A. Public Comment:
Written correspondence from Kathleen Dagg, Bob Cunningham, Cars are Basic, and Virginia Rehling was acknowledged.
B. Approval of Minutes:
Motion: Approve the minutes of the Historic Landmarks Commission meeting of August 3, 2022, as submitted.
Action: Drury/Butler, 7/0/1. (Manuel abstained. Ooley absent.) Motion carried.
ATTACHMENT 1
COMMISSION MEMBERS:
Anthony Grumbine, Chair
Steve Hausz, Vice Chair
Keith Butler
Dennis Doordan
Michael Drury
Cass Ensberg
Ed Lenvik
Justin Manuel
Robert Ooley
ADVISORY MEMBER: Dr. Michael Glassow
CITY COUNCIL LIAISON: Kristen Sneddon
PLANNING COMMISSION LIAISON: Sheila Lodge
STAFF:
Tava Ostrenger, Assistant City Attorney
Ellen Kokinda, Design Review Supervisor
Nicole Hernandez, Architectural Historian
Barbara Burkhart, Assistant Planner
Mary Ternovskaya, Senior Commission Secretary
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 2 of 7 C. Approval of the Consent Calendar:
Motion: Ratify the Consent Calendar of August 17, 2022, as reviewed by Commissioners Hausz and Manuel (Items A and D).
Action: Hausz/Drury, 8/0/0. (Ooley absent.) Motion carried.
D. Announcements, requests by applicants for continuances and withdrawals, future agenda items, and appeals:
1. Ms. Kokinda announced the following:
a. The application for Item 1.C, 835 Laguna Street has been withdrawn by the Owner. In order for the property to qualify for the Mills Act Contract it needs to be publicly visible, and the Owner did not want to reduce the hedges.
b. Nicole Hernandez, Architectural Historian will be absent from today’s meeting. c. Bill Mahan, former HLC Commissioner, and Nicole Hernandez, Architectural Historian were honored with the John Pitman Memorial Award for service to the community by the Santa Barbara Conservancy on August 11, 2022.
2. Vice Chair Hausz announced the following:
a. He requested a discussion item on the current use of the historic building code and typical questions that come up as projects are reviewed.
b. He will need to leave the meeting early.
3. Commissioner Drury announced that he will be leaving the meeting early.
E. Subcommittee Reports:
Commissioner Lenvik announced reported on the State Street Advisory Committee.
Commissioner Doordan reported on the HLC Designation Subcommittee. (1:45PM) MISCELLANEOUS ACTION ITEM
1. MILLS ACT CONTRACT APPLICATIONS
Reference Number: PLN2022-00033
Staff: Nicole Hernandez, Architectural Historian
(Review of proposed Mills Act Program Ten-Year Rehabilitation Plans that meet the criteria outlined in Municipal Code 30.157.145. Make a recommendation to the Community Development Director to approve the Mills Act contracts for the following properties.) A. 326 West Ortega Street:
APN 037-073-016: Designated a Structure of Merit on June 22, 2022. Constructed in 1890 in the Gothic Revival style.
Proposed 10 year scope of work*
Historic Significance Report*
*Available for view online at SantaBarbaraCA.gov/HLC
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 3 of 7 B. 2019 Plaza Bonita
APN 025-343-002: Designated a Structure of Merit on December 8, 2021. Designed in 1927 by Edwards, Plunkett and Howell in the Spanish Colonial Revival style.
Proposed 10 year scope of work*
Historic Significance Report*
*Available for view online at SantaBarbaraCA.gov/HLC
C. 835 Laguna Street
APN 031-021-019: Designated a City Landmark on March 15, 1983, and is listed on the California Register of Historical Resources and the National Register of Historic Places. Gonzales-Ramirez Adobe built circa 1825, restorations in 1923 & 1956.
Proposed 10 year scope of work*
Historic Significance Report*
*Available for view online at SantaBarbaraCA.gov/HLC
Actual time: 1:47 p.m.
Present: Ellen Kokinda, Design Review Supervisor, City of Santa Barbara Staff comments: Ms. Kokinda provided an overview of the Mills Act Historic Preservation Incentive Program and presented the 2022 applications. Additionally, she stated that the Owner for 835 Laguna Street has withdrawn their Mills Act Contract application.
Public comment opened at 2:01 p.m., and as no one wished to speak, it closed.
Motion: Recommend that the Community Development Director approve the proposed Mills Act Contract for the property located at 326 W. Ortega Street.
Action: Lenvik/Drury, 8/0/0. (Ooley absent.) Motion carried.
Individual comment: Commissioner Doordan stated that he is on the Designation Subcommittee, which raised several issues about additions and individual line items. He is satisfied with the responses received from Staff. He has thought a lot about the individual line items, and he is persuaded that it is the integrity of the whole building which must be preserved. The distinction between a physically attached addition and a stand-alone building is very significant. He is willing to include an addition in the effort to preserve the integrity of the whole. He is in support of the motion.
Motion: Recommend that the Community Development Director approve the proposed Mills Act Contracts for the property located at 2019 Plaza Bonita.
Action: Lenvik/Butler, 8/0/0. (Ooley absent.) Motion carried.
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 4 of 7 (2:00PM) MISCELLANEOUS ACTION ITEM
2. MILLS ACT CONTRACT APPLICATION
Reference Number: PLN2022-00033
Staff: Nicole Hernandez, Architectural Historian
(Review of proposed Mills Act Program Ten-Year Rehabilitation Plan that meets the criteria outlined in Municipal Code 30.157.145, recommendation to City Council to grant an exception to the Mills Act contract limits outlined in Santa Barbara Municipal Code Section 22.22.160.C.4(m), and recommend that the Community Development Director approve the Mills Act contract for the following property.) 401 East Pedregosa Street
APN 025-393-012: Designated a designated Structure of Merit on December 8, 2021. Constructed in 1912 in a combination of the Shingles and Craftsman styles.
Proposed 10 year scope of work*
Historic Significance Report*
*Available for view online at SantaBarbaraCA.gov/HLC
Actual time: 2:15 p.m.
Present: Ellen Kokinda, Design Review Supervisor, City of Santa Barbara Staff comments: Ms. Kokinda provided an overview of the Mills Act Historic Preservation Incentive Program and presented the 2022 application for 401 E. Pedregosa Street.
Public comment opened at 2:16 p.m., and as no one wished to speak, it closed.
Motion: Recommend that City Council grant an exception to the Mills Act contract limits outlined in Santa Barbara Municipal Code Section 22.22.160.C.4(m), and recommend that the Community Development Director approve the Mills Act contract for the property located at 401 E. Pedregosa Street.
Action: Hausz/Drury, 8/0/0. (Ooley absent.) Motion carried. (2:15PM) ARCHAEOLOGY REPORT
3. 425 GARDEN ST
Assessor's Parcel Number: 031-272-006
Zone: M-C
Application Number: PLN2021-00523
Owner/Applicant: Greg Reitz
(The project consists of demolition of the existing development and construction of a new 29,201 square foot, 36-unit apartment complex. The project proposes: two (2) Moderate-Income units, four (4) Very Low-Income Units, and thirty (30) market rate units. No parking is proposed on-site, consistent with the AUD Ordinance. The project is proposed at a density of 94.74 units/acre, which is allowable with the State Density Bonus Law.)
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 5 of 7 Request for acceptance of a Phase 1 Archeological Resources Report prepared by Ignacio Requena, M.S., RPA; Marirose Meyer, B.A.; and Carole Denardo, M.A., RPA of Provenience Group, Inc. The report was reviewed by Dr. Glassow, who agrees with its conclusions and recommendations.
RECUSAL: To avoid any actual or perceived conflict of interest, Commissioner Ensberg recused herself from hearing this item due her involvement on a project with the Applicant.
Actual time: 2:27 p.m.
Present: Carole Denardo, M.A., RPA of Provenience Group, Inc.
Public comment opened at 2:30 p.m., and as no one wished to speak, it closed.
Motion: Accept the report as submitted.
Action: Hausz/Drury, 7/0/0. (Ensberg and Ooley absent.) Motion carried. (2:25PM) NEW ITEM: ONE-TIME PREAPPLICATION CONSULTATION
4. 633 E CABRILLO BLVD
Assessor's Parcel Number: 017-680-013
Zone: HRC-1/S-P-1/S-D-3,HRC-2/S-P-1/S-D-3
Application Number: PRE2022-00042
Owner: Fess Parker-Red Lion Hotel by Santa Barbara JV Holdings LLC; Carl A. Mayfield, Vice President
Applicant: Trish Allen; SEPPS, Inc.
(Property is located within El Pueblo Viejo Landmark District, Part I. The project consists of a 48,400 square foot addition to the Hilton Santa Barbara hotel, to allow for 80 additional guest rooms, an adult swimming pool, spa, outdoor fire pit, lounge area and bar. The area of work is proposed to occur in the northwest corner of the parcel, toward South Calle Cesar Chavez and East Cabrillo Boulevard.) One-time Pre-Application Consultation. No final appealable action will take place at this meeting. Project Compatibility Findings would be required for a Project Design Review Approval.
RECUSAL: To avoid any actual or perceived conflict of interest, Commissioner Manuel recused himself from hearing this item due to a conflict of interest with the Applicant.
Actual time: 2:37 p.m.
Present: Trish Allen, Applicant, SEPPS; Clay Aurell, Architect, AB Design Studios; and Megan Arciniega, Project Planner, City of Santa Barbara
Staff comments: Ms. Arciniega stated that this is a pre-application review. The project will go before the Planning Commission for a Coastal Development Permit. Today’s purpose is to get feedback on design, as the project is in a sensitive area. She is available to answer any questions.
Public comment opened at 2:53 p.m., and as no one wished to speak, it closed.
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 6 of 7 Written correspondence from Judy Williams was acknowledged.
Commission comments:
• In general, the Commission is supportive of additional development in this general area for this project. This initial massing stage is important to get right. • No Commissioners are opposed to the third story in this location, but the Commission needs to see how it will play out in the massing.
• The view shed study is very important. Particularly for photograph #7, taking the same views from sidewalk would be important. Overlaying the three-dimensional (3D) model of the massing from that view as well as views along the sidewalk is important for the Commission to see. • Provide aerial views that show how things will look in full 3D, not just looking from the mountain side.
• Study recessing the third floor further back and see how it impacts views of the mountains from the sidewalk.
• In general, the project needs more romance and/or poetry. Perhaps simplifying the project is a way of getting there. With the current design and elevation proposed, the project appears too busy and complex.
• One Commissioner does not believe that the architecture for the addition should be different than the existing architecture. At least two other Commissioner find that they can support the idea of the architecture being subtly different, but still of a Spanish Colonial Revival style. Look at the Waterfront across the street as a reference and provide a sympathetic Spanish Colonial Revival style that is simpler than what is currently proposed.
• This proposed portion of the project becomes the front of the hotel and a major symbol of the hotel, therefore it is important to get it right.
• One Commissioner is in favor of more color and striped awnings. • The existing pattern of the building separated by space is encouraged and at least several Commissioners feel this way.
* THE COMMISSION RECESSED FROM 3:39 TO 3:52 P.M. *
(3:10PM) NEW ITEM: CONCEPT REVIEW
5. 432 DONZE AVE
Assessor's Parcel Number: 029-133-008
Zone: R-M
Application Number: PLN2022-00227
Owner: Janis Culmback Living Trust
Janis Jennings, Trustee
Applicant: Michael Ober
(Listed on the City’s Historic Resources Inventory constructed c. 1920 in the craftsman style. The project site is located within the Lower Riviera Special Design District. The site is currently developed with a 1,270-square-foot single-story single-unit residence and a 216-square-foot one-car garage.
Proposal to demolish the existing 216-square-foot one-car garage and construct a new 617-squarefoot two-story Accessory Dwelling Unit (ADU). Replacement parking for the primary residence includes one uncovered parking space to be located in the existing driveway. Staff Hearing Officer review and approval is required to allow the proposed ADU to be located 0’-8” from the east interior lot line, and 0’- 6” from the south interior lot line.)
Historic Landmarks Commission Minutes August 17, 2022 DRAFT Page 7 of 7 No final appealable action will take place at this meeting. Project Compatibility Findings and Minor Alterations for Resources on the Historic Resource Inventory or within a Historic District Overlay Zone Findings would be required for a Project Design Review Approval.
Historic Significance Report*
*Available for view online at SantaBarbaraCA.gov/HLC
Actual time: 3:52 p.m.
Present: Jarrett Gorin, Applicant, Vanguard Planning; and Pilar Plummer, Associate Planner, City of Santa Barbara
Public comment opened at 4:07 p.m.
The following individual spoke:
1. Janis Jennings, Owner
Public comment closed at 4:09 p.m.
Motion: Continue indefinitely to the Staff Hearing Officer with comments:
1. The Commission is generally in favor of the project and supportive of the requested setback encroachments, including the height increase within the setbacks.
2. Several Commissioners requested more information on the location and permit status of windows on the adjacent apartment building located at the rear of the property as it relates to this project.
3. On the northwest elevation, study the massing of the gable and the shed roof. One suggestion is to slightly bring forward the mass of the whole gable.
4. Study the composition and size of the entry door at the first-floor bedroom by changing the double doors to a single door.
5. Study the primary residence for wall to window ratios and window proportions. Provide photographs of the windows around the house for the next meeting. The Commission does not find that matching the clipped gable of the primary residence is necessary or appropriate for the proposed ADU.
6. On the southwest elevation, study the plan layout and the amount of windows and locations to be consistent with the primary residence, and consider a dormer or alternative method to bring light to the unit.
Action: Doordan/Butler, 6/0/0. (Manuel, Drury, and Ooley absent.) Motion carried. * MEETING ADJOURNED AT 5:00 P.M. *
ATTACHMENT 2
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: Treasury Division, Finance Department
SUBJECT: Approval of Banking Services and Custodial Agreements [Agreement]
RECOMMENDATION:
That Council Approve the Fifth Amendment to Agreement No. 25036 with MUFG Union Bank for banking and trust custodial services, executing a 12-month extension at a net cost estimated at $1,600 per month for the banking services and $3,000 for the trust custodial services.
DISCUSSION:
Background
On October 30, 2018, after the City had sent out a request for proposals for banking and trust services, staff recommended staying with Union Bank and executing two amendments to the existing agreement (No. 25036), which had expired on December 31, 2017. Council retroactively approved the First Amendment, covering the period from January 1, 2018 through October 31, 2018. Council also approved the Second Amendment, which covered the two-year period from November 1, 2018 through October 31, 2020, and included three one-year options to extend the term. The Third Amendment covered the one-year period between November 1, 2020 and October 31, 2021, and adjusted the Earnings Credit Rate (ECR) from a fixed rate of 1.15% to a variable rate. The ECR represents the interest earned on monies the City has in its checking account which are used to offset fees. The Fourth Amendment covered the one-year period between November 1, 2021 and October 31, 2022, and set ECR’s floor at 0.45%.
In line with the current economic conditions, Union Bank will change the ECR to a fixed rate of 0.75%, valid for the one-year extension period. Today, the City’s net banking fees with Union Bank, based on a $15 million average monthly balance and the new ECR, are approximately $1,600 per month, or $24,000 per year. The fee Agenda Item No. 8
File Code No. 210.03
Council Agenda Report
Approval of Banking Services and Custodial Agreements
[Agreement]
November 8, 2022
charged by Union Bank for custodial services will stay at 0.02% of the custody account balance, based upon a 12-month look back period of the custody account, which equates to roughly $3,000 per month.
Staff recommends staying with Union Bank and executing an amendment to the existing agreement (No. 25036). The Fifth Amendment will incorporate the same fees, the change in ECR, and include other minor adjustments to the terms. The Fifth Amendment will cover a 12-month period, from November 1, 2022 through October 31, 2023, and include an option for one one-year extension of the term. In 2023, staff plans to issue a Banking Services Request for Proposal for banking services starting on November 1, 2023.
BUDGETARY INFORMATION:
The Finance Department’s Fiscal Year 2023 adopted expenditure budget has sufficient appropriation authority to cover the first year of the agreement.
A copy of the Fifth Amendment to Agreement may be requested from the Finance Department for public review. Please contact the Finance Department at [email protected] to request a copy.
PREPARED BY: Salvatore Parrilla, Finance Analyst
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: Risk Management Division, Finance Department
SUBJECT: Self Insured Workers' Compensation Program Annual Report RECOMMENDATION:
That Council receive the Annual Self Insured Workers’ Compensation Program Annual Report for the year ended June 30, 2022.
DISCUSSION:
California Labor Code Section 3702.6(b) requires staff to advise Council annually about two items relating to the City’s self-insured workers’ compensation program: (1) the value of the total accrued claim liabilities reported by the City on the State’s Self Insurers Annual Report; and (2) whether current accounting and financial reporting of those liabilities is in compliance with the requirements of Government Accounting Standards Board (GASB) Statement 10.
The California Department of Industrial Relations requires all self-insured public agencies to submit an annual report before October 1 of each year that identifies the workers' compensation liabilities as of the prior fiscal year-end. Risk Management staff submitted the Fiscal Year 2021 annual report on September 27, 2022.
The annual report submitted by the City identified results for claims reported during Fiscal Year 2022, plus the results for all claims that remain open that were reported during a previous fiscal year. City employees reported 208 claims during Fiscal Year 2022; 153 of these claims required the City to pay disability compensation for time away from work.
The City paid $603,555 for disability benefits and $213,436 in medical care on the 208 claims reported during Fiscal Year 2022. It should be noted that the number of reported claims during Fiscal Year 2022 was significantly higher than results from previous years due to COVID-19 illnesses.
Agenda Item No. 9
File Code No. 350.01
Council Agenda Report
Self Insured Workers' Compensation Program Annual Report November 8, 2022
The report lists a total of 265 open claims (from all years). The total liability for these 265 claims equals $15,708,315 – consisting of $6,160,095 for indemnity (disability payments) and $9,548,220 for medical payments.
The City accounts for its risk management operations in a separate Internal Service Fund.
Every two years, the City contracts with a risk management actuarial firm to prepare an actuarial valuation of the accrued liabilities in the City’s self-insured workers’ compensation program. The City uses the results of this actuarial valuation as well as claims information from our third party administrator (claims adjuster) to report the workers’ compensation accrued liabilities in both the City’s annual audit report (the “Annual Comprehensive Financial Report” or “ACFR”) and the required annual report submitted to the State of California. The City is partially funded for all of its actuarially determined workers’ compensation claim liabilities.
GASB Statement 10 established accounting and financial reporting standards for all City claims, including workers’ compensation claims. GASB Statement 10 requires governments to recognize a claim as an expense and liability if both of the following conditions are met:
1. Information available indicates that it is probable that a liability has been incurred; and,
2. The amount of the loss can be reasonably estimated.
In addition, GASB Statement 10 requires certain disclosures in the footnotes to the financial statements. All of the City’s workers’ compensation claims have been accounted for and reported in accordance with GASB Statement 10.
In summary, the City has met its obligation to file the required Public Self Insurers Annual Report with the State of California Office of Self Insurance Plans. The City also met its legal requirement to report the workers' compensation program liabilities to the City Council with this report. Council will receive a more complete description of the City’s selfinsured workers’ compensation program as part of the ACFR, for the fiscal year ended June 30, 2022. Finance staff is scheduled to make a comprehensive presentation about the ACFR for Fiscal Year 2022 on this date.
ATTACHMENT(S): 1. Public Self Insurers ER Annual Report (AR-2)
2. Self-Insurer’s Profile and Financial Summary Report (P-1) PREPARED BY: Mark W. Howard, Risk Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
State of California
Public Self Insurers
ER Annual Report
For Fiscal Year 2021-22
City of Santa Barbara
P.O. Box1990
Santa Barbara, CA 93102 1990
September 27, 2022
FORM AR-2 (1-2016)
ATTACHMENT 1
State of California
Employer
General Information:
Certificate Number 7144 Period Of Report Annual
(Period) From 07/01/2021 (Period) To 06/30/2022
Master Certificate Holder:
Name City of Santa Barbara
Address 1 P.O. Box1990
Address 2 FTIN 95-6000787
City Santa Barbara State CA Zip 93102 1990
State of Incorporation
State of California
During the reporting period of this report, has there been any of the following with respect to the Master Certificate Holder for any affiliate?
None
Any additions to the Self Insurance Program?
None
Employment and wages paid in current fiscal year:
Number of Employees 1,899
Total Wages and Salaries Paid $84,773,854
Addressed Correspondence For Related Self-Insurance Matters:
Company Name CITY OF SANTA BARBARA
Name MARK W HOWARD Title RISK MANAGER
Phone (805) 897-2654 Fax (805) 897-2642
Email Address [email protected]
Address 1 735 ANACAPA STREET
Address 2
City SANTA BARBARA State CA Zip 93102
Web Site
State of California
TPA Adjusting Locations:
Has there been a change in TPA Adjusting Locations during this reporting period that has not yet been reported to OSIP? No Have you added any new TPA Adjusting Locations during this reporting period that has not yet been reported to OSIP? No Record Storage:
Are there open and closed claims stored at a location other than the adjusting location? No Insurance Coverage:
1) During this reporting period, does your company maintain a standard workers' compensation insurance policy to cover any of your California liabilities?
No
2) During this reporting period, does your company have a specific excess workers' compensation policy in force to cover any of your California liabilities?
Yes
Insurance Company Name Policy Number Policy Issue Date
1) PRISM PE 21 EWC-04 07/01/2021
Attachment FY2021-22 Santa Barbara - EWC Certificates.pdf Retention Limit $750,000
3) Do you carry an aggregate(stop loss) workers' compensation insurance policy? No
State of California
Certification By Authorized Representative:
Company Name CITY OF SANTA BARBARA
Name MARK W HOWARD Title RISK MANAGER
Phone (805) 897-2654 Fax (805) 897-2642
Email Address [email protected]
Address 1 735 ANACAPA STREET
Address 2
City SANTA BARBARA State CA Zip 93102
Name of Person Legally Responsible for this Electronic Signature:
Mark W. Howard ( Date/Time of Signature ) - 09/27/2022 15:15
State of California
Report Location Number:
7144-60-092 A
Identification of Location
ADMINSURE, INC. at ONTARIO
Certificate Holder
City of Santa Barbara
CASES AND BENEFITS (to the nearest dollar) From Date- To DateDate # Incurred Liability
Indemnity Medical
Paid To Date
Indemnity Medical
Future Liability
Indemnity Medical
1) Cases open as of 06/30/2022
reported prior to 2017/18
2) Open and closed Liabilities
A) All Cases reported in 2017/18
2017/18 Cases open
B) All Cases reported in 2018/19
2018/19 Cases open
C) All Cases reported in 2019/20
2019/20 Cases open
D) All Cases reported in 2020/21
2020/21 Cases open
E) All Cases reported in 2021/22
2021/22 Cases open
53 $3,521,049 $4,458,120 $2,901,482 $2,578,599 $619,567 $1,879,521 24 $358,375 $492,710 $358,375 $154,762 $0 $337,948
10 $254,221 $436,450 $254,221 $98,502 $0 $337,948
57 $312,307 $480,880 $312,307 $160,081 $0 $320,799
10 $196,347 $408,305 $196,347 $87,506 $0 $320,799
65 $168,257 $234,035 $157,527 $85,372 $10,730 $148,663
7 $154,342 $198,312 $143,612 $49,649 $10,730 $148,663
44 $167,130 $367,104 $160,688 $89,593 $6,442 $277,511
15 $164,868 $348,478 $158,426 $70,967 $6,442 $277,511
190 $1,023,736 $790,611 $568,505 $201,773 $455,231 $588,838 53 $811,222 $739,472 $355,991 $150,634 $455,231 $588,838
SUBTOTAL
$ Indemnity
$1,091,970
$ Medical
$3,553,280
3) Estimate Future Liability (Indemnity Plus Medical) TOTAL $4,645,250 4) Total Benefits Paid During 2021/22 (Including all case expenditures). The indemnity amount includes the amount of LC § 4800/4850 benefits paid for the year (total of Lines 11 and 12)
$ Indemnity
$1,003,712
$ Medical
$376,161
5) Number of MEDICAL-ONLY Cases Reported in 2021/22 55
6) Number of INDEMNITY Cases Reported in 2021/22 135
7) Total of 5 and 6 (Also entered in 2E above) 190
8) Total Number of open Indemnity Cases (All Years) 135 9) Number of Fatality Cases Reported In 2021/22 0
10) (a) Number of FY 2021/22 claims for which the employer or administrator was notified of representation by an attorney or legal representative in 2021/22
9 10) (a) Number of non-FY 2021/22 claims for which the employer or administrator was notified of representation by an attorney or legal representative in 2021/22
0 11) Amount from salary continuation payments made pursuant to LC § 4800/4850 that is in excess of the applicable temporary disability rate for the period paid. $259,342
12) Amount from salary continuation payments made pursuant to LC § 4800/4850 capped at the temporary disability rate for the period paid.
$443,009
Files Uploaded
ALL Open Indemnity Claims (by reporting and by year) reported and with claims: Public SIP Indemnity MO Listing_Add Date ONT LOC.pdf 07/01/2021 06/30/2022
State of California
Dual Jurisdiction Claims
Please note that California Labor Code Section 3702.2(b) requires that "... the annual report of a self-insured employer who has self-insured both state and federal workers' compensation liability shall also be set forth (1) amount of all compensation liability incurred, paid-to-date, the estimated future liability under both this chapter and under the federal longshore and Harbor Worker's Compensation Act (33 U.S.C Sec. 901 et seq.), and (2) the identity and the amount of the security deposit securing the employer's liability under state and federal self-insured programs." Accordingly, please indicate all California exposure on your Self Insurer's Annual Report, and, in addition identify each Claim with dual jurisdiction on Separate List of Open Idemnity Claims. For those claims, indicate the incurred, paid-to-date, and estimated future liabilities for federal exposure. Please also indicate the amount and the type of security deposit securing those claims.
Instructions To Claims Administrator For Specific Excess Insurance The TPA should provide a sum of the unpaid excess carrier excess liability under “Calculation of Specific Excess Coverage Entry for the Annual Reports”.
In addition, provide a list of claims for which specific excess credit is being claimed. This may be provided as a spreadsheet. Indicate in the list of claims the following information:
The list shall include the name of the claimant, claim number, date of injury, description of injury, carrier name and policy number, policy coverage period, retention level of policy and paid to date in indemnity or medical benefits, and the estimated future liability of the claim minus the total unpaid employer retention, which equals the total unpaid carrier liability, whether the claim has been reported to a carrier, if the claim has been accepted by the carrier, if the carrier has denied any part of the liability of the claim.
Refer to OSIP website for sample format of the Excess Credit Calculation form.
Calculation Of Specific Excess Coverage Entry For Annual Reports:
Enter the sum of the total unpaid carrier excess liability claimed from the "Specific Excess Insurance Policy Coverage". If none enter "0".
$ 52557
Files Uploaded
Specific Excess Insurance Policy pages: Excess Calculation Form-done.xlsx Certification
Administrating Agency's Certificate Number 092
Or Self Administered
I declare under penalty of perjury that I have prepared or caused this report to be prepared and I have examined this liabilities report to be prepared and I have examined this liabilities report of this self insurer's worker's compensation liabilities. To the best of my knowledge and belief this report is true, correct and complete with respect to the worker's compensation liabilities incurred and paid. I further declare under the penalty of perjury that the estimates of future liability of worker's compensation claims made in this report reflect the administrator's best judgement as to the future liability of claims, using prevailing industry standards, and the signatory intends Self Insurance Plans to rely upon the representation.
Agency Name ADMINSURE, INC.
Name Nerissa Burnside
Phone (909) 861-0816 Fax
Email Address [email protected]
Address 1 3380 Shelby Street
Address 2
City Ontario State CA Zip 91764
Name of Person Legally Responsible for this Electronic Signature:
Nerissa Burnside ( Date/Time of Signature ) - 09/16/2022 16:54
State of California
Report Location Number:
7144-08-092 A
Identification of Location
ADMINSURE, INC. at OXNARD
Certificate Holder
City of Santa Barbara
CASES AND BENEFITS (to the nearest dollar) From Date- To DateDate # Incurred Liability
Indemnity Medical
Paid To Date
Indemnity Medical
Future Liability
Indemnity Medical
1) Cases open as of 06/30/2022
reported prior to 2017/18
2) Open and closed Liabilities
A) All Cases reported in 2017/18
2017/18 Cases open
B) All Cases reported in 2018/19
2018/19 Cases open
C) All Cases reported in 2019/20
2019/20 Cases open
D) All Cases reported in 2020/21
2020/21 Cases open
E) All Cases reported in 2021/22
2021/22 Cases open
36 $5,442,670 $7,341,128 $2,375,373 $3,810,494 $3,067,297 $3,530,634 118 $2,650,789 $2,349,551 $1,680,648 $1,377,104 $970,141 $972,447 16 $2,117,098 $1,941,202 $1,146,957 $968,755 $970,141 $972,447 78 $1,301,850 $1,033,225 $999,961 $586,137 $301,889 $447,088 15 $852,401 $719,875 $550,512 $272,787 $301,889 $447,088 67 $1,231,161 $831,464 $901,397 $371,103 $329,764 $460,361 21 $869,020 $670,908 $539,256 $210,547 $329,764 $460,361 93 $1,407,031 $916,405 $1,038,036 $388,468 $368,995 $527,937 30 $1,085,528 $823,575 $716,533 $295,638 $368,995 $527,937 18 $65,089 $68,136 $35,050 $11,663 $30,039 $56,473
12 $58,119 $66,052 $28,080 $9,579 $30,039 $56,473
SUBTOTAL
$ Indemnity
$5,068,125
$ Medical
$5,994,940
3) Estimate Future Liability (Indemnity Plus Medical) TOTAL $11,063,065 4) Total Benefits Paid During 2021/22 (Including all case expenditures). The indemnity amount includes the amount of LC § 4800/4850 benefits paid for the year (total of Lines 11 and 12)
$ Indemnity
$1,367,145
$ Medical
$1,188,360
5) Number of MEDICAL-ONLY Cases Reported in 2021/22 0
6) Number of INDEMNITY Cases Reported in 2021/22 18
7) Total of 5 and 6 (Also entered in 2E above) 18
8) Total Number of open Indemnity Cases (All Years) 130 9) Number of Fatality Cases Reported In 2021/22 0
10) (a) Number of FY 2021/22 claims for which the employer or administrator was notified of representation by an attorney or legal representative in 2021/22
0 10) (a) Number of non-FY 2021/22 claims for which the employer or administrator was notified of representation by an attorney or legal representative in 2021/22
6 11) Amount from salary continuation payments made pursuant to LC § 4800/4850 that is in excess of the applicable temporary disability rate for the period paid. $139,538
12) Amount from salary continuation payments made pursuant to LC § 4800/4850 capped at the temporary disability rate for the period paid.
$187,978
Files Uploaded
ALL Open Indemnity Claims (by reporting and by year) reported and with claims: Public SIP Indemnity MO Listing_Add Date Remote LOC.pdf 07/01/2021 06/30/2022
State of California
Dual Jurisdiction Claims
Please note that California Labor Code Section 3702.2(b) requires that "... the annual report of a self-insured employer who has self-insured both state and federal workers' compensation liability shall also be set forth (1) amount of all compensation liability incurred, paid-to-date, the estimated future liability under both this chapter and under the federal longshore and Harbor Worker's Compensation Act (33 U.S.C Sec. 901 et seq.), and (2) the identity and the amount of the security deposit securing the employer's liability under state and federal self-insured programs." Accordingly, please indicate all California exposure on your Self Insurer's Annual Report, and, in addition identify each Claim with dual jurisdiction on Separate List of Open Idemnity Claims. For those claims, indicate the incurred, paid-to-date, and estimated future liabilities for federal exposure. Please also indicate the amount and the type of security deposit securing those claims.
Instructions To Claims Administrator For Specific Excess Insurance The TPA should provide a sum of the unpaid excess carrier excess liability under “Calculation of Specific Excess Coverage Entry for the Annual Reports”.
In addition, provide a list of claims for which specific excess credit is being claimed. This may be provided as a spreadsheet. Indicate in the list of claims the following information:
The list shall include the name of the claimant, claim number, date of injury, description of injury, carrier name and policy number, policy coverage period, retention level of policy and paid to date in indemnity or medical benefits, and the estimated future liability of the claim minus the total unpaid employer retention, which equals the total unpaid carrier liability, whether the claim has been reported to a carrier, if the claim has been accepted by the carrier, if the carrier has denied any part of the liability of the claim.
Refer to OSIP website for sample format of the Excess Credit Calculation form.
Calculation Of Specific Excess Coverage Entry For Annual Reports:
Enter the sum of the total unpaid carrier excess liability claimed from the "Specific Excess Insurance Policy Coverage". If none enter "0".
$ 4745809
Files Uploaded
Specific Excess Insurance Policy pages: Excess Calculation Form Remote - done.xlsx Certification
Administrating Agency's Certificate Number 092
Or Self Administered
I declare under penalty of perjury that I have prepared or caused this report to be prepared and I have examined this liabilities report to be prepared and I have examined this liabilities report of this self insurer's worker's compensation liabilities. To the best of my knowledge and belief this report is true, correct and complete with respect to the worker's compensation liabilities incurred and paid. I further declare under the penalty of perjury that the estimates of future liability of worker's compensation claims made in this report reflect the administrator's best judgement as to the future liability of claims, using prevailing industry standards, and the signatory intends Self Insurance Plans to rely upon the representation.
Agency Name ADMINSURE, INC.
Name Nerissa Burnside
Phone (909) 861-0816 Fax
Email Address [email protected]
Address 1 3380 Shelby Street
Address 2
City Ontario State CA Zip 91764
Name of Person Legally Responsible for this Electronic Signature:
Nerissa Burnside ( Date/Time of Signature ) - 09/16/2022 16:42
State of California
Department of Industrial Relations
OFFICE OF SELF-INSURANCE PLANS (OSIP)
SELF-INSURER'S PROFILE AND FINANCIAL SUMMARY REPORT (Form P-1) Instructions:
• Enter financial information from most recent certified, audited financial statement, if available. If unavailable or over three years old, enter amounts from most recent financial statement by independent Certified Public Accountant (CPA). If neither is available, identify source of information (name of document, source, date, name and contact information for preparer or custodian) where indicated. • Terminology used in this report is based on standard industry meaning and usage for Workers’ Compensation claims and coverage in the State of California. • Enter N/A where any category is inapplicable in employer’s line of business or recordkeeping.
Part A. General.
1. Self-Insured Employer Name:
2. OSIP Certificate Number of Self-Insured Employer:
Check if certificate is revoked.
3. Self-Insured JPA (including OSIP Certificate Number) to which Employer currently belongs, if any:
4. Nature of Insurance: Primary Excess
Coverage Description (including retention level and coverage cap, if applicable):
$
Part B. Employer Profile
1. Total Annual Operating Expenditures:
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 1
ATTACHMENT 2
a. Are capital expenditures included in the reported total annual operating expenses? Yes. Amount of capital expenditures: $
No.
b. Annual Operating Expenditures for workers’ compensation programs alone:
$
Source of Figure Current, certified, audited financial statement Other / specify:
2. Employer Demographics:
a. Geographic Area of Service:
(1) Description:
(2) WCIRB Geographic Study Region(s):
[https://www.wcirb.com/sites/default/files/documents/2018_wcirb_geo_study.pdf] b. Estimated population of jurisdiction covered (latest U.S. Census figures):
3. Workers’ Compensation Claims Administrative Staffing Type: [Check both if applicable and provide cumulative totals only in Part D below.]
Self-Administered
Third Party Administrator / Name(s):
4. Employees:
a. Total number of paid employees:
b. Number of full time-equivalent (FTE) paid employee positions:
c. Number of Public Safety Employees (Labor Code §§ 4800 et seq.):
d. (1) Total number of Volunteers:
(2) Number for whom employer provides elective coverage:
e. Estimated number of persons entitled to coverage when performing court-ordered community service, services in exchange for public benefits, or similar reasons:
f. Top Five Employee Work Classifications or Job Titles with highest numbers of Workers’ Compensation claims in most recent fiscal year:
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 2
5. Educational Employers only [terms have same meaning as in Education Code]:
a. Number of Certificated Employees (FTEs):
b. Number of Classified Employees (FTEs):
c. Average Daily Attendance (students) or full time equivalent students:
6. Total Wages and Salaries Paid $
a. Payroll of Public Safety Employees $
b. Were any Public Safety Employee Salary Continuation benefits provided in the most recent fiscal year?
Yes No
c. Was any Industrial Disability Leave provided (in lieu of Workers’ Compensation temporary disability payments) in the most recent fiscal year? Yes No
Part C. Annual Financial Summary Report
1. General Information:
a. Employer’s Fiscal year: from to
b. Most recent certified, independently audited financial statement:
Date of Report: Covers fiscal year ending:
No certified, independently audited financial statement available. Information for this report (Form P-1) obtained from following source (specify):
c. Does statement exclude portion of Employer’s liability because Employer is a member of an insurance pool or group (including a JPA) providing self-insurance, excess insurance or reinsurance covering a portion of the Employer’s workers’ compensation liabilities?
Yes Identify group and describe extent of coverage:
No
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 3
________________________________________________________________ d. Name and address of certified financial auditor:
2. Workers’ Compensation Program:
a. Were estimated future Workers’ Compensation claims liabilities separately identified in the audited financial statement?
Yes No
(1) Were those Workers’ Compensation liabilities estimated by an Actuary? Yes Name of actuarial firm:
Date of actuarial report:
No Indicate source (person/firm and records) from which those liabilities were estimated:
(2) Actuarial confidence level (actual or projected) of those estimated future Workers’ Compensation claims liabilities:
(3) Were those estimated future Workers’ Compensation claims liabilities discounted?
Yes Discount rate: %
No
b. Specify whether the estimated future Workers’ Compensation claims liabilities include loss adjustment expenses, either allocated to specific claims (ALAE) or unallocated (ULAE)?
(1) Allocated Loss Adjustment Expense (ALAE) Yes No
(2) Unallocated Loss Adjustment Expense (ULAE) Yes No
c. Source(s) of funds for Workers' Compensation benefits and claims administration costs:
(1) Is this fund solely dedicated to Workers' Compensation costs? Yes
No. Specify other activities supported by the fund(s):
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 4
(2) Are there assets in the fund that are set aside and maintained for Workers’ Compensation liabilities?
Yes No
Part D. Balance Sheet and Statement of Revenues and Expenses for Workers’ Compensation Program
• Provide amounts indicated below for employer’s Workers’ Compensation program only (as distinct from other liability coverages and costs). If amounts are not available from either a financial statement or an actuary report, make a pro rata calculation based on employer’s contributions for the Workers’ Compensation program or Workers’ Compensation claim costs in relation to participation or claim costs for all coverages.
1. Balance Sheet Information.
a. Source(s) of amounts stated below:
Most recent certified, independently audited financial statement Other/specify:
b. Assets
(1) Cash and investments $
(2) Accounts receivable $
(3) Amounts due from other funds $
(4) Reinsurance/Excess recoveries $
(5) Deferred Outflows of Resources related to pensions $__________ (6) Other assets $
Total Assets $
c. Liabilities
(1) Case reserves $
(2) Incurred but not reported claims $
(3) Dividends payable $
(4) Deferred Inflows of Resources related to pensions $__________ (5) Other liabilities $
Total Liabilities $
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 5
d. Net Position (Fund Balances)
(1) Restricted net position $
(2) Designated net position $
(3) Unrestricted net position $
2. Statement of Revenues and Expenses.
a. Source(s) of amounts stated below:
Most recent certified, independently audited financial statement Other/Specify:
b. Income
(1) Contribution from departments $
(2) Assessment income $
(3) Investment income $
(4) Other income $
Total Income $
c. Expenses
(1) Claims Cost $
(2) Excess and Reinsurance Premiums $
(3) Medical Cost Containment Program $
(4) Risk Control $
(5) Dividends $
(6) Interfund Transfers $
Total Expenses $
3. Other Information
a. Net Position, beginning of period: $
b. Net Position, end of period: $
c. Were the contributions in the Statement of Revenues and Expenses from Certified, Independently Audited Financial Statement based upon an actuarial estimate? Yes No
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 6
d. Were the contributions based upon expected costs on a cash flow basis or accrual basis?
Cash flow basis (non-accrual, pay as you go)
Accrual basis / specify expected cost level:
Below expected costs At expected costs Above expected costs Specify actuarial confidence level: %
Form P-1
Completed by:
Title:
Date:
Attested to by:
Title:
Date:
OSIP P-1 (1-2020) [8 CCR § 15203.11(a)] - page 7
A P P E N D I X
Terms used in Public Self-Insurer Report Forms P-1 and J-1 (§ 15203.11) and AR-2 (§ 15251(c)) The definitions in section 15201 of the Self-Insurance Plan regulations (Title 8, California Code of Regulations § 15201) apply to the terms used in these reporting forms. All terms shall be construed in a manner that is consistent with their usage in Division 4 (commencing with Section 3700) of the Labor Code and Chapters 1 (commencing with section 1), 4.5 (commencing with section 9700), and Subchapter 2 of Chapter 8 (commencing with section 15201) of Division 1 of Title 8 of the California Code of Regulations, including any definitive construction of a term by the Workers’ Compensation Appeals Board or a court. However, if there is a conflict between a definition in section 15201 and a definition of the same terms found in another Title 8 regulation, the definition in section 15201 shall apply.
Terms that are not defined by statute or regulation should be understood as having the same meaning commonly understood and used by workers’ compensation program administrators in the state of California. A good faith error or discrepancy in how reportable information is characterized for purposes of one of these reports shall not be treated as a reporting violation under Labor Code Sections 3702.3 or 3702.9.
The following additional guidance is provided for specific report terms.
Allocated Loss Adjustment Expense or ALAE means claim administration costs and expenses that are allocated to individual workers’ compensation claims, including but not limited to medical cost containment expenses.
Catastrophic claim means a claim for workers’ compensation based on a severe injury to the brain or spinal cord, loss of a limb, paralysis, severe burn or severe head injury, and includes any injury that would result in a conclusive presumption of total disability under Labor Code Section 4662(a).
Certificated employee has the same meaning used in the Education Code and refers to an employee in an academic, supervisory, or administrative position with a school or school
district, community college or community college district, or state university who is required to hold a credential or similar certificate as a condition of employment.
Classified employee has the same meaning used in the Education Code and refers to an employee of a school or school district, community college or community college district, or state university who is not a certificated employee.
Diagnostics refers to medically-prescribed tests used to determine a diagnosis, the cause of symptoms, the nature or severity, or course of treatment for an illness or injury. It includes but is not limited to imaging and laboratory tests.
Full-Time Equivalent or FTE refers to the ratio of the total number of paid hours for all employees, whether full or part-time, divided by the number of hours in the employer’s regular full-time work week. If the employer has a regular work week of 40 hours and 10 employees working a total of 200 hours during a regular work week, the full-time equivalent or FTE would be 5. (200 ÷ 40 = 5).
Industrial Disability Leave claims and benefits refers to salary-based payments made to public employees in lieu of workers’ compensation temporary indemnity benefits pursuant to Education Code Section 45192, Education Code Section 89529.03, Government Code Section 19871, or equivalent statutes or employer policies governing compensated absences for jobrelated illnesses or injuries, insofar as those payments are categorized separately from other types of indemnity payments. For reporting purposes, Industrial Disability Leave claims and benefits do not include salary continuation benefits provided to Public Safety Employees pursuant to Articles 6 and 7 (commencing with Sections 4800 and 4850 respectively) of Chapter 2 of Part 2 of Division 4 of the Labor Code, even if designated Industrial Disability Leave by the employer. Those payments instead should be reported as Public Safety Employee claims and benefits.
Public Safety Employee means an employee of a fire department, police or sheriff’s department, or other public protection or public safety agency who is entitled to receive salary continuation benefits in lieu of workers’ compensation benefits pursuant to one or more statute within Articles 6 and 7 (commencing with Sections 4800 and 4850 respectively) of
Chapter 2 of Part 2 of Division 4 of the Labor Code. For reporting purposes, employees of the California State University Police Department who are entitled to enhanced Industrial Disability Leave benefits pursuant to Labor Code Section 4816, shall be counted as “public safety employees,” including for public safety employee payroll purposes, and their claims and benefits payments should be reported as public safety employee claims and benefits payments, even if designated by the employer as Industrial Disability Leave claims and benefits payments.
Surgery refers to payments made to surgeons, assistant surgeons, anesthesiologists, and other medical personnel for surgical services that are billed and paid for separately from facility costs.
It does not include hospital and facility expenses.
Unallocated Loss Adjustment Expense or ULAE means claim administration costs and expenses that are not allocated to individual workers’ compensation claims.
Volunteer means a person who provides volunteer services for the employer and includes persons for whom the employer has elected to provide workers’ compensation coverage pursuant to Labor Code Section 3361.5, 3363.5, 3364, 3364.5, 3364.55, 3364.6, 3364.7, or equivalent statutes. The number of persons, if any, who are neither employees or volunteers, but for whom the employer is required to provide workers’ compensation when participating in court-ordered community service, work for relief, or similar reasons should be estimated separately and entered on the line provided for that purpose in the Profile section (Part B) of the P-1 and J-1 forms.
CITY OF SANTA BARBARA
CITY COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: Building and Safety Division, Community Development Department Fire Prevention Bureau, Fire Department
SUBJECT: 2022 California Building and Fire Codes Adoption [Ordinance Introduction]
RECOMMENDATION: That Council:
A. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 22.04 of the Municipal Code and Adopting by Reference the 2022 Edition of the California Building Code, Volumes 1 and 2; the 2022 Edition of the California Residential Code; the 2022 Edition of the California Electrical Code; the 2022 Edition of the California Mechanical Code; the 2022 Edition of the California Plumbing Code; the 2022 Edition of the California Energy Code; the 2022 Edition of the California Historical Building Code; the 2022 Edition of the California Existing Buildings Code; the 2022 Edition of the California Green Building Standards Code; the 2022 Edition of the California Referenced Standards Code; and the 2021 International Property Maintenance Code; Adopting Local Revisions to Those Codes; and Repealing Ordinance Number 5919; and
B. Introduce, and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 8.04 of the Municipal Code and Adopting by Reference the 2021 Edition of the International Fire Code, Including Appendix Chapter 4 and Appendices B, BB, C, CC, and H of That Code, and the 2022 California Fire Code with Local Amendments to Both Codes.
DISCUSSION:
The State of California adopts Building Standards Codes for uniform use throughout the State, a process that is facilitated by the State Building Standards Commission. Over the course of each adoption cycle, the State Building Standards Commission receives input from all state agencies, local enforcement officials, industry professionals, and the general public relative to the statewide implementation of the following codes:
Agenda Item No. 10
File Code No. 640.04
City Council Agenda Report
2022 California Building and Fire Codes Adoption [Ordinance Introduction] November 8, 2022
2021 International Building Code and 2020 Residential Code published by the International Code Council;
2021 National Electrical Code published by the National Fire Protection Association;
2021 Plumbing Code and 2020 Mechanical Code published by the International Association of Plumbing and Mechanical Officials; and
2021 editions of the Administrative Code, Existing Building Code, Energy Code, Historical Building Code, Green Building Code, and Referenced Standards published by the California Building Standards Commission; 2021 International Fire Code
After considering the input that has been received, these codes are then amended by the Building Standards Commission and adopted by the State under Title 24 of the California Code of Regulations, Parts 1–12. Part 9 is the California Fire Code. This year, the State Building Standards Commission completed amendments to the codes and published them on July 1, 2022. Local jurisdictions have 180 days to further amend them before they become law on January 1, 2023.
Attached to this report is a summary of the City’s Building Code Adoption History (Attachment 1). In 1954, the City stopped drafting building standards at the local level, instead continuously adopting and amending regional, state, national, and international building standards. The draft Ordinance attached to this report represents the most recent cycle of building and fire codes standards proposed for amendment and adoption.
As in the past, local amendments to the code are kept to a minimum and are designed to address situations based on specific local conditions and needs. The Building and Safety Division is proposing a coordinated adoption of these codes in conjunction with the City Fire Department. This coordinated approach and jointly adopted sections allows for a smoother process that can be followed by the community.
Areas that affect the Building and Safety Division and the Fire Department are minor edits to the Building and Fire Board of Appeals procedures, Fire Protection Systems, and High Fire Hazard Area construction requirements. The adopted codes continue to incorporate administrative, climatic, geologic, and topographic amendments that promote safe, sustainable, and accessible development in the City of Santa Barbara.
In order to maintain compliance with the State Building Standards Codes and other state and local property-related regulations, the City also adopts regulations that enable the enforcement of these laws. Accordingly, included in the attached Ordinance is the recommend continued adoption of the 2021 Property Maintenance Code published by the International Code Council.
This code cycle, the Building and Safety Division is proposing the following new amendments from the 2019 code adoption:
City Council Agenda Report
2022 California Building and Fire Codes Adoption [Ordinance Introduction] November 8, 2022
Changing the requirement for a permit for draining at walls that are exempt from a permit.
Changing permit exemptions for residential retaining walls to include non-retaining walls including masonry and concrete free-standing walls. Changing the number of required Board of Appeals members to have a Quorum from 5 to 4.
Add provision to facilitate alternate restroom designs-Single User Restroom Facilities.
The attached Summary of Amendments (Attachment 2) encapsulates recommended amendments to these codes and standards.
This code cycle, the Fire Department is proposing the following new amendments from the 2019 code adoption:
Changing number of required Board of Appeals Members to have a Quorum from 5 to 4.
Public Outreach
In August 2022, a brief survey was made available to the public and the City’s land development staff, soliciting suggestions for local construction code amendments. Over 50 responses were received. On September 7, 2022, City staff hosted an online public workshop to focus on the key themes of the survey results and answer questions.
Staff recommends that the City Council approve the attached Ordinances. If the City Council does so, the Ordinances will be brought back to the City Council for a second public hearing and approval on November 15, 2022. When approved by City Council, this Ordinance will go into effect in no less than 30 days later and no earlier than January 1, 2023.
Ordinance Committee Meeting
The Ordinance Committee met on October 11, 2022, to review the proposed amendments. The Committee recommended in a unanimous vote that all amendments proposed by the Community Development and Fire Departments be forwarded to City Council for approval.
In addition, the Committee received public comment from a local architect on the need to consider the law on all-gender toilet facilities and subsequent requirements. The Ordinance Committee unanimously requested that the Building and Safety Division and the City Attorney include California’s gender-neutral, single-occupancy restroom law in the proposed Ordinance. Those changes are found on page 48 of the Ordinance for Title 22 under Amendments to the California Plumbing Code – Local Modifications to Section 422.2. 1 “Single Use Toilet Facilities” of the California Plumbing Code.
City Council Agenda Report
2022 California Building and Fire Codes Adoption [Ordinance Introduction] November 8, 2022
The law stems from a bill enacted in 2017 (Assembly Bill 1732) and codified under Health and Safety Code Section 118600, which relates to the identification of single-user toilet facilities as all-gender toilet facilities.
Health and Safety Code Section 118600 (excerpt of text), requires:
(a) All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations and designated for use by no more than one occupant at a time or for family or assisted use.
(b) For the purposes of this section, "single-user toilet facility" means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
The law requires a sanitary facility that is not specifically identified as for "men" or "women" (referred to in Chapter 11B as a "unisex" facility in the California Building Code), to have a geometric symbol on the door that is an equilateral triangle superimposed onto a circle. The "unisex" symbol is the only specific indicator required to be provided by Chapter 11B for a toilet facility that is available for use by all individuals.
AB 1732 applies to toilet facilities with no more than one water closet and one urinal and with a locking mechanism controlled by the user; however, the law does not allow for any reduction in the total number of plumbing fixtures that are required for an establishment (based on occupancy) nor a reduction in the number of toilet facilities accessible to persons with disabilities. Health and Safety Code Section 118600 also authorizes inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance during any inspection.
ENVIRONMENTAL REVIEW:
It has been determined that the proposed ordinance is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15308. Section 15308 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
ATTACHMENTS: 1. City’s Building Code Adoption History
2. Summary of Amendments Construction Codes
3. Summary of Amendments Fire Code
PREPARED BY: Tina Dye, Chief Building Official
City Council Agenda Report
2022 California Building and Fire Codes Adoption [Ordinance Introduction] November 8, 2022
Ryan DiGuilio, Fire Marshall/Battalion Chief
SUBMITTED BY: Elias Isaacson, Community Development Director Chris Mailes, Fire Chief
APPROVED BY: City Administrator’s Office
City of Santa Barbara Building Code Adoption History
CITY’S BUILIDNG CODE ADOPTION HISTORY
(YEAR 1900 ONWARD)
Ordinance No. 355, adopted 11/9/1900:
An Ordinance Establishing a Fire District and Determining the Character of Buildings that May Be Erected Therein and the Nature of Materials to be Used in the Construction, Alteration and Repair of Such Buildings.
Ordinance No. 1234, adopted 4/23/1925:
An Ordinance Regulating and Classifying Building Within the City.
Ordinance No. 1264, adopted 8/27/1925:
An Ordinance Establishing Fire Districts and Regulating the Buildings Therein.
Ordinance No. 1278, adopted 12/17/1925
Adopted Building Code to Regulate the Construction, Erection, Enlargement, etc. of Buildings or Structures in the City.
Ordinance No. 1323, adopted 1/13/1927:
Regulated types of construction, maintenance, use and occupancy of buildings in the fire districts of the City.
Ordinance No. 2077, adopted 4/18/1946:
Regulates Erection, Construction, Enlargement, etc. of Buildings Ordinance No. 2429, adopted 2/4/1954:
This was first instance of adoption by reference of the Uniform Building Code (1952 Edition)
Ordinance No. 2530, adopted 3/1/1956:
Adopted 1955 Edition.
Ordinance No. 2860, adopted 2/6/1962:
Adopted 1961 Edition.
Ordinance No. 3043, adopted 4/27/1965:
Adopted 1964 Edition.
Ordinance No. 3349, adopted 1/14/1969
Adopted 1967 Edition.
Ordinance No. 3827, adopted 3/30/1976:
Adopted 1973 Edition.
Ordinance No. 3905, adopted 5/24/1977:
Adopted 1976 Edition.
Ordinance No. 4064, adopted 7/15/1980:
Adopted 1979 Edition.
ATTACHMENT 1
City of Santa Barbara Building Code Adoption History
Ordinance No. 4221, adopted 9/6/1983:
Adopted 1982 Edition
Ordinance No. 4604, adopted 12/12/1989:
Adopted 1988 Edition.
Ordinance No. 4770, adopted 6/2/1992:
Adopted 1991 Edition.
Ordinance No. 4931, adopted 12/12/1995:
Adopted 1994 Edition.
Ordinance No. 5104, adopted 5/11/1999:
Adopted 1998 Edition of California Building Code
Ordinance No. 5256, adopted 10/1/2002:
Adopted 2001 Edition of California Building Code
Ordinance No. 5365, adopted 6/28/2005:
Adopted 2004 Edition of California Building Code
Ordinance No. 5440, adopted 11/4/2007:
Adopted 2007 Edition of California Building Code
Ordinance No. 5536, adopted 11/9/2010:
Adopted 2010 Edition of California Building Code
Ordinance No. 5639, adopted 10/29/2013:
Adopted 2013 Edition of California Building Code
Ordinance No. 5919, adopted 11/12/2019:
Adopted 2019 Edition of California Building Code
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary Santa Barbara City Building & Safety Division
2022 California Building Standards Codes Adoption
Summary of Amendments
October 11, 2022
Effective January 1, 2023
# Code & Section Subject Concept Types:
Existing or
New
Findings:
Administrative,
Climatic,
Geologic,
Topographic
1 Building Code
Section 105.1.3
& 105.1.4
Residential
Code Section
R105.1.1 &
R105.1.2
Permits Required Requires permits for paving and striping of parking lots and driveways.
Describes the authorizations needed for
demolition permits.
Existing Admin
2 Building Code
Section 105.2
Residential
Code Section
R105.2
Exemptions from
Permits
Removes requirement for a permit
relating to drainage at walls that are
exempt from a permit.
Adds the requirement for a permit for
non-retaining walls over 4’ of masonry
or concrete construction.
Existing
Modified
Geologic,
Topographic
3 Building Code
Section 105.4.1
Permit Issuance Requires a licensed contractor for work on other than single homes, duplexes
and accessory structures thereto.
Existing Admin
4 Building Code
Section 105.5,
Residential
Code Section
R105.5,
Plumbing Code
Section 104.4.3,
Mechanical
Code Section
104.4.3
Permit Expiration Defines the means by which the City
determines that a permit has expired.
Existing Admin
5 Building Code
Section 107.1.1
Licensed Architect
Required
Requires that a licensed architect be
responsible for complex permit
applications.
Existing Admin
6 Building Code
Section 107.2.9
Certified Access
Specialist (CASp)
Approval
Allows property owners that utilize a
CASp to receive expedited access
compliance plan review.
Existing Admin
ATTACHMENT 2
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 7 Building Code
Section 109,
Residential
Code Section
R108, Plumbing
Code Section
104.5,
Mechanical
Code Section
104.5
Fees All fees assessed shall be adopted by
City Council Resolution.
Existing Admin
8 Building Code
Section 113
Residential
Code Section
R112, Plumbing
Code Section
107, Mechanical
Code Section
107, Property
Maintenance
Code Section
111
Board of Appeals Combines the current City code
amendments and procedures. Modified
to improve consistency of decisions and
include administrative procedures.
Modifies number of Board Members to
form a Quorum from 5 to 4.
Existing
Modified
Admin
9 Building Code
Sections 701A.1
& 701A.3
Residential
Code Section
R337.1.1 &
R337.1.3
Scope &
Application
Makes “additions and remodels”
subject to in high-fire building design
when in a high-fire area. Allows City
Chief Building Official discretion in
allowing exemptions.
Existing Climatic
Topographic
10 Building Code
Section 705A.4
Residential
Code Section
R337.5.4
Roof Gutters Requires high-fire area roof gutter to be
non-combustible
Existing Climatic
Topographic
11 Building Code
Section 708A.2
Residential
Code Section
R337.8.2
Exterior Glazing Makes special glazing requirements for skylights subject to the high-fire area
Existing Climatic
Topographic
12 Building Code
Section 903 –
all, Residential
Code Section
R313
Automatic Fire
Sprinkler System
Same amendment as prior cycle.
Specifies September 11, 2009 as the
beginning date for determining the
improvement thresholds.
Existing Climatic
Topographic
13 Building Code
Section
907.2.30
Mixed Use
Occupancy Fire
Alarms
Requires fire alarms to be installed in
all converted or new mixed occupancy
buildings.
Existing Climatic
Topographic
14 Building Code
Section 1207.4
Residential
Code Section
R304.4
Efficiency
Dwelling Units
Inserts an exception to the minimum
dwelling size for Affordable and Lower
Income dwellings.
Existing Admin
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 15 Building Code
Section T1505.1
& 1505.1.3
Residential
Code Section
R902.1-
R902.1.3
Minimum Roof
Covering Rating
Changes the minimum fire resistance
for all roofs from Class C to Class B.
Existing Climatic
Topographic
16 Building Code
Section
1505.1.4
Residential
Code Section
R337.5 - all
Roofing in
Wildland-Urban
Interface Fire
Area
Requires a minimum of Class A noncombustible roof in these high-fire risk areas.
Existing Climatic
Topographic
17 Building Code
Section
1507.4.1
Residential
Code Section
R905.10.1
(Roof) Deck
Requirements
Clarifies that metal panel roofing cannot
be placed over wood shingles or
shakes.
Existing Climatic
Topographic
18 Building Code
Section
1705.12.1
Structural Wood
(Special
Inspections)
Allows for an exchange of reduced
calculated load carrying values when
continuous special inspection of nailing
is not made.
Existing Geologic
19 Building Code
Appendix G
Flood Resistant
Construction
Consolidates the City, State and
Federal regulations for development
within a flood zone.
Existing Climatic
Topographical
20 Building Code
Appendix J
Grading
Regulations
Establishes the City’s grading
regulations.
Existing Geological
Topographical
21 Residential
Code Section
R313
Automatic Fire
Sprinkler
Requirements
Revises the thresholds for installation of
automatic fire sprinkler systems in
townhomes and one-and-two family
dwellings.
Existing Climatic
Topographical
22 Residential
Code Section
R337
Wildland-Urban
Interface
Requirements
Prescribes specific fire-safe methods
for high-fire risk areas
Existing Climatic
Topographical
23 Residential
Code Section
R341 & R342
Encroachments
Safeguards
Requires residential projects to meet
the standard Public Way Encroachment
and Safeguards During Construction
requirements of the Building Code
Existing Admin
24 Residential
Code Section
R401.4
Soils Reports Clearly establishes the situations when
a soils report will be required
Existing Geological
Topographical
25 Residential
Code Section
R401.5
Grading Consolidates grading regulations in
Appendix J of the Building Code
Existing Geological
Topographical
26 Residential
Code Section
R403.1.2
Continuous
Footings
Requires continuous footings under
braced walls that carry lateral loads
Existing Geological
Topographical
27 Residential
Code Section
R403.1.5
(Footing) Slope Clarifies the design criteria for footings on slopes
Existing Geological
Topographical
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 28 Residential
Code Section
R404.2
Wood Foundation
Walls
Prohibits wood foundation walls in high
risk seismic design areas
Existing Geological
Topographical
29 Residential
Code Section
R902 & R905
Roof and Deck
Materials
Prescribes minimum high-fire area roof
and deck construction standards
Existing Climatic
Topographical
30 Residential
Code Appendix
AX
Private Swimming
Pools
Consolidates pool regulations in
Section 3109 of the Building Code
Existing Admin
31 Plumbing Code
Section 301.6.1
Local Health
Authority
Established the Santa Barbara County
Environmental Health Department as
the local health authority
Existing Admin
32 Plumbing Code
Section 422.
Restroom Design Facilitates alternate restroom designsSingle User Restroom FacilitationNew Admin 33 Plumbing Code
Section 423
Fountains Requires a recirculation system Existing Climatic 34 Plumbing Code
Section 424
Car Wash
Facilities
Requires special water conservation
measures
Existing Climatic
35 Plumbing Code
Section 603.1
Cross-Connection
Control
Coordinates potable water crossconnection control regulations with State Title 17 drinking water supply
regulations
Existing Admin
36 Plumbing Code
Section 608.2
Excessive Water
Pressure
Reduces the risk of building damage
caused by excessive water pressure in
the public water distribution system
Existing Topographical
37 Plumbing Code
Section 710.14
Sewage Pump
Signaling Device
Requires an audible alarm if system
fails
Existing Topographical
38 Plumbing Code
Section 710.15
Back Water Valve Requires the installation of a sewer
backwater valve to protect from
damage caused by sewage backwater.
Modified to include common
compliance exceptions
Existing Topographical
39 Plumbing Code
Section 713.2
Private Sewage
Disposal System
Requires septic system abandonment
and connection to the public sewer
once the public sewer is available for
connection.
Existing Topographical
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 40 Electrical Code
Section 90.4.1
Administration Consolidates all of the administrative
processes and regulations for the
Electrical Code within the Building
Code.
Existing Admin
41 Green Building
Code Sections
4.304.2 &
5.304.7
Fountains Sets existing fountain surface areas at
a maximum of 25 square feet
Existing Climatic
42 Property
Maintenance
Code Section
101.1
Title Establishes the “Property Maintenance
Code of the City of Santa Barbara”
Existing Admin
43 Property
Maintenance
Code Section
101.2
State Housing
Law Coordination
Allows for the State Housing Law to
supersede the City’s Property
Maintenance Code when discrepancies
arise.
Existing Admin
City of Santa Barbara 2022 Building Codes Adoption Amendments Summary 44 Property
Maintenance
Code Section
103.1
(Authority)
General
Establishes the Chief Building Official
as the Code Official
Existing Admin
45 Property
Maintenance
Code Section
111.1 & 111.7
(Unsafe Buildings)
General
Placarding
Requires that unsafe and unfit
properties are placarded with “Unsafe”
and/or “Limited Entry” placards when
warranted
Existing Admin
46 Property
Maintenance
Code Section
111.3
Record Requires that official records be
retained
Existing Admin
47 Property
Maintenance
Code Section
111.9
Restoration or
Abatement
Exception for certain historic structures. Existing Admin 48 Property
Maintenance
Code Section
302.4
Weeds Sets maximum weed height at 12” Existing Admin
49 Property
Maintenance
Code Section
304.14
Insect Screens Sets maximum screen mesh at 12
mesh per inch
Existing Admin
50 Property
Maintenance
Code Section
602.2
(Heating)
Residential
Occupancies
Coordinates the minimum heating
system operating temperature with the
State Housing Law minimum
Existing Climatic
51 Property
Maintenance
Code Section
602.3 & 602.4
(Heating)
Heat Supply
Occupiable Work
Spaces
Deletes these requirements for
minimum heating system performance
Existing Climatic
1 ATTACHMENT 3
Santa Barbara City Fire Department
2021 International Fire Code / 2022 California Fire Code Adoption Summary of Amendments
October 11, 2022
MC = Municipal Code, CFC = International or California Fire Codes # Chapter/Section Title Concept Type(new,
existing
CFC / MC
deleted or
revised)
Findings
1. Chapter 1
Division II / Sec
103 & 103.1
Fire Prevention
Bureau
Updates International Code language referring
to “Prevention Department”; replaces with
“Fire Prevention Bureau”.
Existing,
updated
CFC / MC
Na, Administrative
2 Chapter 1,
Division II / Sec.
103.3.1
Fire Prevention
Bureau Personnel
and Police
Part of the organization of the Fire Prevention
Bureau, carried over from the existing code,
citing authority of fire code officials.
Existing,
CFC / MC
Na, Administrative
3 Chapter 1 Div II
Sec.
104.11
Fire Investigations Existing language from the 2022 California Fire Code, with minor word changes for clarity,
citing authority to investigate.
Existing,
CFC / MC
Na, Administrative
4 Chapter 1/
Division II
Sec.111
Means of Appeals Base code appeal sections, deleted to allow for local appeals sections as amended, below.
Deleted Na, Administrative
5 Chapter 1/
Division II. Sec
112.4
Violation
Penalties
Completes the IFC section 110 by describing
violations of the code as a misdemeanor,
consistent with current language. Minor
section number change.
Existing,
CFC / MC
Na, Administrative
6 Chapter 1/
Division II Sec.
115.1 through
115.1.7
Building and Fire
Code Board of
Appeals
Adopts local provisions for a joint Building and
Fire Code Board of appeals. Companion
section to California Building Code. Note: This
code language is identical to adoption
language in California Building Code sections
113 but renumbered as 111 in the Fire Code
due to existing unrelated sections in the Fire
Existing,
Modified
CFC / MC,
Na, Administrative
2 Code. Board of Appeals language changes
are intended to streamline the process and
further define the board as a seven qualified
members who are not employees of the City of
Santa Barbara and who serve four year terms.
New language also specifies that in matters
involving CBC Chapters 11A and 11B that at
least three members of the board be
physically disabled.
On October 8 2019, Ordinance Committee
directed staff to prepare additional appeals
language that allowed a final appeal to City
Council.
On October 22, 2019 staff returned with the
draft and Ordinance Committee voted to
include it for review by Council with the rest of
the ordinance. The duplicate language
appears as §115.1.6 in the Fire Code and
113.1.1 in the Building Code adopting
ordinances.
Modifies number of Board Members to form a
Quorum from 5 to 4
7 Chapter 3 /
307.1.1
Prohibited Open
Burning
Maintains a previously deleted section
authorizing the Fire Code Official to prohibit
open burning when atmospheric or local
conditions make such fire hazardous when
smoke emissions become offensive or
objectionable.
NA NA, Chapter 3 Not building
standards and not adopted by
the State of California. All of
Chapter 3 contains important
Fire Code Maintenance
sections concerning ordinary
ignition hazards.
8 Chapter 3 /
Section 308.1.4
Open Flame
cooking devices
Deleted and new sections added below as in
the 2019 adoption, making the International
Code carryover sections more practical.
Existing,
MC
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
8 Chapter 3 /
Section
308.1.4.1
Open Flame
cooking Devices
Existing section in the local code, again
amending the CFC. IFC 308.1.4, which
prohibited charcoal barbeques on most
apartment patio’s and decks within 10 feet of
any combustible element, a section that is
unenforceable. Not adopted by the state.
MC /
Existing
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
9 Chapter 3 /
Section
308.1.4.1
Liquefiedpetroleum gas Amends the section to allow standard sized (5 gallon) propane barbeques on apartment
decks / balconies.
MC /
Existing
NA, Chapter 3 Not building
standards and not adopted by
the State of California.
3 fueled cooking
devices.
10 Chapter 3/
Section 317.1.1
Rooftop Gardens
and Landscaped
Roofs
Maintains the Fire Department standard
prohibiting vegetated roofs in the High Fire
Hazard areas in Chapter 3. This section was
added when it was found that vegetated roofs,
also known as “Green Roofs” while generally
desirable, were not appropriate for High Fire
Hazard Areas. Vegetation that is actually
attached to the structure in this way is a
transmission hazard if not scrupulously
maintained and may tend to add fuel to an
oncoming wildfire. The section has no effect
on green roofs in other parts of the city.
Existing NA, Chapter 3 Not building
standards and not adopted by
the State of California.
11 Chapter 4 Emergency
Planning and
Preparedness
As in 2019, this chapter not adopted either
locally or at the state level. Chapter 4 conflicts
with or duplicates state regulations (Title 19) in
several sections; has additional requirements
in conflict with or not desirable under local
conditions.
Deleted NA, Chapter 4 Not building
standards and not adopted by
the State of California or by this
jurisdiction.
12 Chapter 5 /
Section 503.1
through 503.4
Fire Apparatus
Access Roads
Amends the access sections to meet existing
local requirements of 20 feet in width for
commercial and 16 feet in width for residential
to within 150 feet of exterior walls. Minor
changes to the exceptions allowed for the 150
foot requirement, adding language to #1 that
maintains current local standards for grade,
cross slope turning radius and dead ends.
Existing,
CFC / MC,
minor
revisions
This section is reasonably
necessary to accommodate fire
apparatus in both the existing
environment and new
construction, in conformance
with Climatic finding A and
Topographical findings A, B and
C.
13 Chapter 5 /
503.5, 503.1.1
and 503.5.2
Secured Gates
and barricades
Maintains one section amended in 2016 one
added to the access roadways, dealing with
the closure of certain roadways due to fire
danger. Minor revisions to the “tampering” with
locked gates section and the new section
prohibits parking vehicles in a manner that
blocks closed gates. Sec. 503.5.2 contains
State mandated language pertaining to fences
and gates at schools.
Existing
MC
This section is reasonably
necessary to accommodate fire
apparatus in both the existing
environment and new
construction, in conformance
with Climatic finding A and
Topographical findings A, B and
C.
14 Chapter 5 /
Section 505.1.1
Premise
Identification,
Mixed use
occupancy
Refers to local municipal code section
8.04.030 regarding mixed use occupancy
signs to clarify that they are required in both
existing and new construction. The purpose is
Existing
MC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
4 to decrease response time by notifying first
responders of the presence of residential units
in an otherwise commercial looking structure.
A and B, potential response
issues outlined in Topographical
Conditions A and B, and the
need to quickly identify and
render aid to trapped or injured
victims in residential
occupancies that are not
immediately apparent.
15 Chapter 5 /
Section 505.3
Directory Maintains the existing requirement for a
project directory when required by the fire
code official. Minor wording changes.
Existing
MC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
A and B, potential response
issue outlined in Topographical
conditions outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
16 Chapter 5 /
Section
507.through
507.5.6
Required Water
Supply
The basic fire flow requirements of Chapter 5
were adopted by the state, along with
Appendix B of the International; Code. The
state then leaves local jurisdictions to either
use Appendix B or any “approved method”
without further definition. These sections
outline the locally approved method and are a
readoption of our existing fire-flow
requirements for new construction. The
original IFC / CFC section 507 et. al is
therefore deleted and replaced with these
corresponding sections to detail the locally
approved methods.
Existing
MC
This section is reasonably
necessary due to the potential
for water supply challenges
based on Climatic Conditions A,
B and C, and Geological
conditions A and B.
17 Chapter 9 /
Section
903.2.22
through
903.2.22.8
Automatic Fire
Sprinkler Systems
The California Fire Code provisions in Chapter
9 are less stringent than our existing
requirements, in some cases allowing for
assembly occupancies up to 12,000 square
feet without sprinklers. Changes in Chapter 9
are similar to changes we made in 2007 when
Existing
MC, CFC,
CBC & Cal.
Residential
Code
This section is reasonably
necessary to ensure that
incipient fires are initially
controlled where possible
throughout the city on the event
that seismic activity overwhelms
5 we amended to code with local sprinkler
requirements, both commercial and later,
residential.
Once again this year the state divided
sprinkler requirements and assigned
residential sprinklers to the 2019 California
Residential Code. We therefore moved our
own residential sprinkler requirements to that
code, under Section R313. Our commercial
requirements remain in this chapter of both the
Fire and Building Codes.
existing suppression resources
or impacts response times.
Experience has shown that
sprinkler systems have the
capacity to control or extinguish
fires at an early stage, often
eliminating the threat. This can
be critical where later utility
disruptions further delay first
responders. This section
therefore applies to Climatic
Conditions B C and D and
Geological Conditions A and B.
18 Chapter 9 /
Section
907.2.27
Exceptions and
Modifications
Based on stakeholder input at meetings
following Ordinance Committee in 2019;
allows the fire code official to grant exceptions
and modifications where hardship or
substantial difficulty make strict compliance
with a sprinkler section impractical.
Existing This section allows the fire code
official to modify previous
sections based on findings and
as such is not subject to the
findings themselves.
19 Chapter 9 /
Section
907.2.30
Fire Alarm
Detection
Systems
This section maintains a minor revision of our
existing requirement for an automatic
detection fire alarm in mixed use occupancies.
We first authored this section in response to
the proliferation of residential units above
commercial occupancies throughout the city.
The concept is to alert the residents in the
event of a fire condition in the business
occupancies below, especially at night when
the business is closed.
Existing,
MC, CFC
This section is reasonably
necessary due to the potential
for increased response times
outlined in Geological conditions
A and B, potential response
issue outlined in Topographical
conditions outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
22 Chapter 49 /
Sections 4901
through
4909.1.1
Requirements for
Wildland Interface
Areas
These sections were adopted in 2007 as
Chapter 47, which was later changed to
Chapter 49. Local sections have been
renumbered to match and supplement the
state’s adopted version of the code and are
unchanged from 2013. Also added is a
reference to the adoption of the 2004 Wildland
Fire Plan as the City of Santa Barbara
Existing
and minor
language
changes
MC
Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
6 Community Wildfire Protection Plan (CWPP)
in 2011.
New language emphasizes CWPP as the
nomenclature for the Wildland Fire Plan. The
new CWPP is accompanied by a
programmatic Environmental Impact Report
(EIR) and includes both best practices and
recommended code sections for future
adoption. Additional language under 4907.9
requires the Fire Department to maintain lists
of both acceptable and prohibited plans for the
WUI, as referred by the CWPP. This allows for
the addition of plant species in future additions
without editing either the CWPP or the
ordinance.
23 Chapter 49/
Section
4906.1.2
Flammable
Vegetation
Clarifies language about landscape plants
installed without a permit and cause for
removal in the HFH areas.
existing Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
24 Chapter 49
Section 4907
through
Vines and
Climbing
ornamentals
Addresses the maintenance of existing vines
and climbing plants attached to structures in
the HFH areas.
existing Chapter 49,The Wildland
Interface Amendments are
reasonably necessary to
respond to the wildland urban
interface threat in the city and
surrounding areas, based on
Climatic Conditions A, B D, and
C and Topographic conditions
A, B and C.
25 Chapter 56 /
5601.2
Explosives and
Blasting Agents
Maintains local amendments to Chapter 56
Maintains Santa Barbara’s prohibition of all
fireworks. Limits storage by Zone, excludes
most of the city. Storage is limited to the
industrial zone near the airport, by permit only.
Existing
MC
Chapter 56 Explosives and
fireworks amendments are
reasonably necessary to
minimize a conflagration that
has the potential to overwhelm
resources, in conformance with
Climatic Conditions A through
7 D, Topographical Conditions A
through C and Geological
Conditions A and B.
26 5601.3 and
5601.4
Fireworks,
Prohibition
State law allows for “safe and sane” fireworks.
Maintains the current prohibition on all
fireworks within the city limits, including safe
and sane. Provides for confiscation.
Existing
MC
Chapter 56 Explosives and
fireworks amendments are
reasonably necessary to
minimize a conflagration that
has the potential to overwhelm
resources, in conformance with
Climatic Conditions A through
D, Topographical Conditions A
through C and Geological
Conditions A and B.
27 Municipal Code
Section
8.04.030
A and B
Fire Prevention
Development
Standards
A) Fire Zone 2 allows for on-site water and
other requirements in areas where there is no
municipal water supply. B) Requires the mixed
use occupancy sign, which identifies the
presence of dwelling units for first responders
when a new building combines residential and
commercial occupancies. No Changes.
Existing
MC
The amendments to Municipal
Code sections 8.04.030
pertaining to on site water are
reasonably necessary to ensure
an adequate supply of
firefighting water in Wildland
areas pursuant to Climatic
conditions A, B, C and D; The
mixed use occupancy sign
standard to ensure that first
responders have adequate
signage to locate potential
victims pursuant to our
amendment to CFC 505.1.1
(above) and in response to the
potential for increased response
times outlined in Geological
conditions A and B; potential
response issues outlined in
Topographical Conditions A and
B, and the need to quickly
identify and render aid to
trapped or injured victims in
residential occupancies that are
not immediately apparent.
CITY COUNCIL – NOVEMBER 08, 2022
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING CHAPTER 22.04 OF THE
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE
2022 EDITION OF THE CALIFORNIA BUILDING CODE,
VOLUMES 1 AND 2; THE 2022 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE; THE 2022 EDITION OF
THE CALIFORNIA ELECTRICAL CODE; THE 2022 EDITION
OF THE CALIFORNIA MECHANICAL CODE; THE 2022
EDITION OF THE CALIFORNIA PLUMBING CODE; THE
2022 EDITION OF THE CALIFORNIA ENERGY CODE; THE
2022 EDITION OF THE CALIFORNIA HISTORICAL
BUILDING CODE; THE 2022 EDITION OF THE CALIFORNIA
EXISTING BUILDINGS CODE; THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE; THE
2022 EDITION OF THE CALIFORNIA REFERENCED
STANDARDS CODE; AND THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE; ADOPTING LOCAL
REVISIONS TO THOSE CODES; AND REPEALING
ORDINANCE NUMBER 5919.
WHEREAS, uniform international construction codes are developed, updated, and published regularly; and
WHEREAS, these codes are adopted by the State of California and by local communities with amendments specifically pertinent to their local conditions; and WHEREAS, the City of Santa Barbara relies on local ground and surface water for its local water supplies, and drought conditions are common within Santa Barbara and the surrounding areas; and
WHEREAS, local topography and climate present unique flooding, fire hazard, and fire abatement conditions; and
WHEREAS, local geological conditions such as very problematic soils and intense earthquake faults present unique geophysical hazards; and WHEREAS, the majority of the buildings in the City of Santa Barbara pre-date the Americans with Disabilities Act; many of the parcels of land supporting these older buildings are fully developed; and because of the topography of these parcels, determining accessibility compliance can be very complex; and WHEREAS, the City of Santa Barbara has the authority to establish appropriate administrative building permit process amendments for the purposes of enforcing the State Building Standards Codes; and
1 2
WHEREAS, the City Council of the City of Santa Barbara finds that such local geological, topographic, climatic, and existing building conditions warrant certain amendments to the model uniform codes related to construction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 22.04.010 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.10 Adoption of California Codes by Reference.
Subject to the amendments specified in Sections 22.04.020 through 22.04.070, the following Codes, certain appendix chapters, and the standards and secondary codes referenced therein are adopted, regardless of the California Matrix Adoption Tables and shall be known as the City of Santa Barbara Building Codes.
A. The “California Building Code Volumes 1 and 2” (202219 Edition), as published by the California Building Standards Commission, including Appendix Chapters G and J.
B. The “California Residential Code” (202219 Edition), as published by the California Building Standards Commission, including Appendix Chapters I and V.
C. The “California Electrical Code” (202219 Edition), as published by the California Building Standards Commission.
D. The “California Mechanical Code” (202219 Edition), as published by the California Building Standards Commission.
E. The “California Plumbing Code” (202219 Edition), as published by the California Building Standards Commission including Appendix Chapters I (Installation Standards) and K.
F. The “California Energy Code” (202219 Edition), as published by the California Building Standards Commission.
G. The “California Historical Building Code” (202219 Edition), as published by the California Building Standards Commission.
H. The “California Existing Building Code” (202219 Edition).
I. The “California Green Building Standards Code” (202219 Edition), as published by the California Building Standards Commission.
J. “The California Referenced Standards Code” (202219 Edition), as published by the California Building Standards Commission.
K. The “International Property Maintenance Code” (202115 Edition), as published by the International Code Council, including Appendix A.
SECTION 2. Section 22.04.020 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
3 22.4.20 Amendments to the California Building Code.
The California Building Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.020.
A. Sections 105.1.3 and 105.1.4 are added to read as follows:
105.1.3 Paving and Striping. Building permits shall be required for all paving, repaving (including slurry coating), striping, re-striping, signage, and re-signage of parking spaces in parking lots and structures. Accessible parking spaces, access aisles, and signage shall be provided that meets currently adopted codes. 105.1.4 Demolition Permits. Building permits shall be required to demolish any building, portion of a building, or structure within the City of Santa Barbara and shall be subject to the following conditions:
1. The applicant shall ensure all utility connections have been removed by the appropriate utility providers, except such utility services that are approved for use in connection with the work of the demolition. The applicant shall provide verification from the utility providers that utility service has been disconnected.
2. The applicant shall obtain clearance from the Santa Barbara Air Pollution Control District for all commercial demolition, renovations and alterations.
3. All resulting building debris, trash, junk, vegetation, dead organic matter, rodent harborage, or combustible material that constitutes a threat to life, health, or property, or is detrimental to the public welfare or which may reduce adjacent property value shall be removed from the site within thirty (30) days after the demolition of the structure.
4. All demolition debris must be managed and handled in accordance with the City’s Environmental Services Division regulations and guidelines.
B. Section 105.2 “Work Exempt From Permit” is amended to read as follows:
Section 105.2 Work Exempt From Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following (Note - For work involving detached one- and two-family dwellings or townhouses or buildings accessory to detached one- and two-family dwellings or townhouses, see Section 105 of the California Residential Code as amended by the City of Santa Barbara in this Ordinance):
Building:
1. One-story detached residential accessory structures used as tool and storage sheds, playhouses, portable and fixed playground equipment, bicycle or skateboard ramps and similar uses, provided the floor area does not exceed 120 square feet (11 m2) and the height does not exceed ten (10) feet at the highest point; and further provided the structure does not encroach into required setbacks or required open yards, does not obstruct required parking, and is not served by any utilities. The combined 4 square footage of exempt accessory structures may not exceed 200 square feet on any single parcel.
2. Residential fences and walls not over 3-1/2 feet high, as measured from the lowest adjacent grade within 3 ½ 5 feet of the fence or wall that do not adversely affect drainage or cause erosion.
3. Oil derricks.
4. Residential retaining walls, and non-retaining walls, including masonry and concrete walls, which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, is installed on a slope 20% or greater, or the wall will tend to adversely affect drainage or cause increased erosion.
5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
6. Uncovered residential platforms, decks, porches, walks, and similar structures not more than 10 inches above adjacent grade, not over any basement or story below, not part of an accessible route, and not part of the means of egress from a normally occupied space.
7. Interior painting, papering, and similar finish work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Ground mounted radio, television and other masts or antenna or dish shaped communication reception or transmitting structures less than 3 feet in diameter, which do not extend more than 15 feet above grade and are not served by electrical circuits regulated under the National Electrical Code NEC). Light- weight roof-mounted radio, television, and other masts or antenna or dish shaped communication reception or transmitting structures less than 2 feet in diameter, which do not extend more than 15 feet above the roof, are not served by electrical circuits regulated under the NEC, and which are not subject to design review by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board.
10. Freestanding or movable cases, counters, and interior partitions not over 5 feet 9 inches in height, and not containing or requiring connections to electrical power or plumbing systems.
11. Permit applications submitted for other miscellaneous and minor work may be exempted by the Chief Building Official from permits, fees and inspections.
Electrical:
Repairs and maintenance. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations. The provisions of this code shall not apply to electrical equipment used for radio and televisions transmissions, but do apply to equipment and wiring for power supply and installations of towers and antennas.
5 Temporary testing systems. A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
C. Section 105.4.1 added to read as follows:
105.4.1 Issuance. All work authorized by building permit for other than R-3 or U occupancies shall be issued to an appropriate contractor licensed in accordance with the provisions of California State Law.
D. Section 105.5 “Expiration” is amended to read as follows:
105.5 Expiration. Unless extended by the Building Official, every permit issued shall become invalid, without notice being given to the permit holder when the following occurs:
1. The work on the site, authorized by such permit, is not commenced within 180 days of the permit issuance date, or
6 2. During any period of more than 180 days after permit issuance, the work on site does not receive full City Inspection approval for any one of the inspections found in Section 110.3.1-110.3.1228.
Prior to the permit expiration above, when requested in writing, the Building Official may grant administrative permit extensions for circumstances, out of the permit holder’s control, that caused the construction to stop. However, no permit shall be active for more than 6 years.
E. Section 107.1.1 “Licensed Architect Required” is added to read as follows:
107.1.1 Licensed Architect Required. All permit applications and construction documents for multi-family residential buildings of greater than 2 units and non-residential projects with construction valuations greater than 20% of the current building value shall be reviewed for consistency and compliance and submitted with the seal and signature of a State licensed architect unless specifically allowed to do otherwise by the Building Official.
F. Section 107.2.9 “Certified Access Specialist (CASp) Approval” is added to read as follows:
107.2.9 Certified Access Specialist (CASp) Approval. Building permit applications and the associated construction drawings that include a CASp certification per State Civil Code Section 55.53 and include the following statement, signed by a State licensed CASp, will receive an expedited plan review of Chapters 11A and 11B by the City:
“I, (CASp Full Name) , have inspected the property and provided the property owner with a report in accordance with California Civil Code Sections 55.51-55.545. I have reviewed:
The prior 3-years of “adjusted construction cost”, as defined in this code, for this parcel, and
These construction plans and documents for the project submitted under City permit (PERMIT #) for compliance with the State Title 24, Part 2, Volume 1, Chapters 11A and/or 11B
I find these plans and documents to be, to the best of my knowledge, in compliance the applicable State access compliance standards.
Signature:
CASp #: ”
Date:
G. Section 109 “Fees” is replaced as follows:
109. Fees. All fees shall be adopted either by:
1. City Council via Ordinance or Resolution, or
2. Provided for by the State of California
7 H. Section 113 “Board of appeals” is amended to read as follows:
113. Board of Appeals. In order to provide technical Code advice to the City’s building official and fire code official, and to hear and decide appeals of orders, decisions or determinations made by the fire code official or building official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Building and Fire Code Board of Appeals. This Board consists of 57members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building and Fire Code Board of Appeals shall be appointed by the City Council and shall hold office for a 4-year term. The Board is not empowered to waive requirements of the State Title 24 codes. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official or building official. 113.1.1 Alternatives. The Board may consider any alternate provided that it finds that the proposed design, material, method, or work offered is, for the purpose intended is approvable per Section 104.11 of this Code. The Board shall have no authority to waive the requirements of the applicable Code. 113.1.2 Appointments. The City Council shall appoint 7 qualified individuals, provided that at least 3 members are physically handicapped when hearing items that involve Chapter 11 of the California Building or Fire Code. 113.1.3 Quorum. For other than appeals and ratifications relative to Chapter 11 of the Code, it shall take a quorum of 45 members to hear an appeal and majority vote of the Board convened to sustain an appeal. Appeals and ratifications relative to the enforcement of Chapter 11, at least 2 of the Board members in a quorum hearing the item must be physically disabled.
113.1.4 Chairperson. The chairperson shall be selected annually by the convened Board. The chairperson shall maintain order and conduct the meeting in accordance with the California Brown Act. Section 113.1.7. 113.1.5 Meetings. The Board shall meet when needed to hear an appeal or when needed to transact business of the Board. Either the building official or the fire code official or their designee shall act as Secretary of the Board. 113.1.6 Board Decisions. The decision of the Building and Fire Code Board of Appeals shall be final on all matters of appeals and shall become an order to the Appellant, Chief Building Official or Fire Ccode Oofficial as may be appropriate. 113.1.7 Procedural Rules. Appeal hearings shall be conducted substantially in accordance with the following format:
1. Any person may appeal a decision of the building official or fire code official by filing a written appeal with the building official or fire code official within 10-days of the issuance of the written decision. The notice of appeal shall state the grounds for 8 the appeal.
2. No notice of appeal shall be accepted unless the notice is accompanied by the fee specified by resolution of the City Council.
3. Unless agreed to otherwise by the appellant and the building official or fire code official, all appeals shall be heard not less than 10-days and not more than 60- days from the date on which the building official or fire code official receives the written appeal.
4. The filing of a timely appeal with the building official or fire code official shall place a stay on further enforcement of the specific matter appealed, except for instances of immediate danger to life or property.
5. The Chairperson shall call the meeting to order.
6. The Chairperson shall note the Board members present for the minutes.
7. The Chairperson shall recognize the building official or fire code official for presentation of the appeal. The building official or the fire code official shall read his or her recommendation to the Board.
8. The Chairperson shall recognize the Appellant for presentation of rebuttals.
9. All witnesses must be called by either the Appellant or the building official or the fire code official and may be questioned as permitted by the Chair of this Board.
10. The Board may entertain comments from the public.
11. The Board may affirm, deny, or amend the decision of the building official or the fire code official.
12. The Board shall issue its decisions in writing and shall include a statement of the decision appealed, the decision of the Board and the findings made by the Board in reaching their decision.
13. The Chairperson shall adjourn the meeting at the end of business.
14. The Secretary shall prepare minutes for the record and shall serve as custodian of case records and said minutes.
15. This Board shall serve as the appeals boards defined in Section 1.8.8 and 1.9.1.5. 9 I. Section 117 Post-Damage Assessment. After a disaster, residential buildings subject to this Code shall be assessed for damage and placarded in accordance with Chapter 22.09 of this Code.
J. Section 701A.1 “Scope” is amended to read as follows:
701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, remodels or additions to existing buildings located within a Wildland-Urban Interface Fire Area as defined in Section 702A.
JK. Section 701A.3 “Application” is amended to read as follows:
701A.3 Application. New buildings, remodeled buildings or additions to existing buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the enforcing agency constructed after the application date shall comply with this chapter.
Exception: Accessory and/or Group U occupancy buildings may be exempted from all or portions of this chapter upon approval of the Fire Code Official and/or Chief Building Official.
L. Section 705A.4 “Roof Gutters” is amended to read as follows:
705A.4 Roof Gutters. Roof gutters shall be provided with the means to prevent the accumulation of leaves and debris in the gutter. All roof gutters and downspouts shall be constructed of non-combustible materials.
M. Section 708A.2 “Exterior Glazing” is amended to read as follows:
708A.2 Exterior Glazing. The following exterior glazing materials and/or assemblies shall comply with this section:
1. Exterior windows and/or skylights.
2. Exterior glazed doors.
3. Glazed openings within exterior doors.
4. Glazed openings within exterior garage doors.
5. Exterior structural glass veneer.
6. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to the most current edition of ANSI/AAMA/NWWDA 101/I.S.2 structural requirements.
N. Section 903.2.2200 “Local Requirements” is added to read as follows:
903.2.220 Local Requirements. Approved automatic sprinkler systems shall be installed throughout buildings and structures as specified elsewhere in this Section 903.2 or as specified in this Section 903.2.220, whichever is more protective. 10 903.2.20.1 903.2.22.1 New Buildings, Generally. The construction of a new building containing any of the following occupancies: A, B, E, F, H, I, L, M, R, S or U.
Exceptions: A new building containing a Group U occupancy that is constructed in the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. A new building containing a U occupancy that is constructed outside the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 5000 square feet of floor area.
903.2.20.2 903.2.22.2 New Buildings in the High Fire Hazard Area. The construction of any new building within the City’s designated High Fire Hazard Area.
Exception: A new building containing a Group U occupancy that is constructed in the City’s designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. 903.2.20.3 903.2.22.3 Additions to Buildings Other than Single Family Residences. The addition of floor area to an existing building that contains any occupancy other than Group R, Division 3.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition allowed under this exception will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.20.4 903.2.22.4 Remodels of Buildings Other than Single Family Residences. The remodel or alteration of the interior of an existing building that contains any occupancy other than Group R, Division 3, where the floor area of the portion of the building that is modified or altered exceeds 50% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 50% threshold measured against the floor area of the building. It shall be the responsibility of the building owner to install the sprinkler system throughout the building when the threshold has been exceeded.
Exception: Nothing in this section shall prevent the building owner from negotiating a written agreement with the tenant or tenants for allocating the cost of the sprinkler system in any proportion.
903.2.20.5 903.2.22.5 Change of Occupancy to a Higher Hazard Classification. Any change of occupancy in an existing building where the occupancy changes to a higher hazard classification.
11 Exception: For purposes of sprinklers only, the higher hazard classification will not be deemed to include low hazard assembly occupancies of 75 occupants or fewer 903.2.20.6 903.2.22.6 Computation of Square Footage. For the purposes of this Section 903.2.20, the floor area of buildings shall be computed in accordance with the definition of “Floor area, Gross” provided in Section 1002.1 of the California Building Code. 903.2.20.7 903.2.22.7 Existing use. Any existing building not classified as Group R, Division 3, in existence at the time of the effective date of this code may have their use continued if such use was legal at the time. Additions to existing buildings shall require an automatic fire sprinkler system installed throughout, including areas not previously protected.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.20.8 903.2.22.8 Exceptions and Modifications. Where hardship or substantial difficulty make strict compliance with a sprinkler section impractical, the fire code official is authorized to grant exceptions or modifications on an individual basis, pursuant to California Fire Code Section 104.8
O. Section 907.2.30 is added to read as follows:
907.2.30 Mixed Use Occupancies. Where residential occupancies are combined with commercial occupancies, a fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection throughout the commercial and common areas. In addition, a notification system shall be installed in a manner and location approved by the fire code official that indicates the presence of residential dwelling units in accordance with Municipal Code Section
8.04.030 B.
P. Section 1207.4 “Efficiency Dwelling Units” is amended to read as follows:
1207.4 Efficiency Dwelling Units. Unless modified by local ordinance pursuant to Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.
Exception:
12 Notwithstanding the provisions of subsection 1 above, for projects constructed or operated by a nonprofit or governmental agency offering housing at an Affordable Housing Cost to Lower Income Households (as those terms are defined in sections 50052.5 and 50079.5 of the California Health and Safety Code), the City may permit efficiency dwelling units for occupancy by no more than two persons who qualify as either very low or low income households where the units have a minimum useable floor area, (excluding floor area in the kitchen, bathroom and closet), of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in this code.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
Q. Table 1505.1 is amended to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION
FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
R. Section 1505.1.3 “Roof coverings within all other areas” is amended to read as follows:
1505.1.3 Roof coverings within in all other areas. The roof covering or roofing assembly of any new building or the re-roofing of any existing building, regardless of type or occupancy classification, shall be no less than Class B, except that Group H, Division 1 and Group I occupancies shall be Class A. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20 % of the existing roof is being replaced within a two 2 year period, provided such replacement roofing is fire retardant treated wood shakes or shingles.
Exception: In the High Fire Hazard District, roof coverings shall be in accordance with Chapter 7A as amended.
S. Section 1505.1.4 “Roofing Requirements in a Wildland-Urban Interface Fire Area” is amended to read as follows:
13 1505.1.4 Roofing Requirements in a Wildland-Urban Interface Fire Area. Roof coverings on all buildings shall be class A noncombustible in accordance with adopted CBC Standards or otherwise as may be approved by the Chief Building Official.
Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two 2) year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. “Green” or “Vegetated” roofs shall not be used in the Wildland-Urban Interface Fire Area.
T. Section 1507.4.1 “Deck Requirements” is amended to read as follows:
1507.4.1 Deck Requirements. Metal roof panel roof coverings shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied to spaced supports. Metal roof panel coverings shall not be installed over combustible shingles or shakes.
U. Section 1705.12.2 “Structural wood” subsection “Exceptions” is amended to read as follows:
1705.12.1 1705.12.2
Structural wood.
Exceptions:
1. Special Inspections are not required for wood shear walls, shear panels and diaphragms, including nailing, bolting, anchoring and other fastening to other elements of the seismic force-resisting system, where the fastener spacing of the sheathing is more than 4 inches (102 mm) on center (o.c.).
2. Special Inspection is not required if the building is designed in accordance with AWC SDPWS-2008 (NDS) Table 4.3A (Note: PLF values must be divided in half per
4.3.3) assuming that the allowable shear values reflected are reduced by 25%.
V. Appendix G Section G101 “Flood Resistant Construction” is amended to read as follows:
G101. Flood Resistant Construction
G101. General. Construction and development within a Federal Emergency Management Agency (FEMA) Special Flood Hazard Area depicted on a FEMA Flood Insurance Rate Map shall be completed in accordance with the City’s Municipal Code, Chapter 22.24 and FEMA’s National Flood Insurance Program standards for construction and development within Special Flood Hazard Areas.
W. Appendix G Sections G102-G1101 are deleted without replacement. 14 X. Appendix J “Grading” is amended to read as follows:
J101. GRADING GENERAL
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments, and the control of grading site runoff, including erosion sediments and construction-related pollutants. The purpose of this appendix is to safeguard life, limb, property and the public welfare by regulating grading on private property. Where technical conflict occur between this chapter and geotechnical report filed by a licensed civil engineer, the Building Official may allow the geotechnical report to govern.
J101.2 General Hazards. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.
J101.3 Safety Precautions. If at any stage of the work the Building Official determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The Building Official may authorize the work to proceed if the Building Official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference.
If the grading work, as done, has created or resulted in a hazardous condition, the Building Official shall give written notice requiring correction thereof as specified in California Building Code - Section 114 “Violations” or California Residential Code - Section R113 “Violations”. The Building Official may cause the violator to be prosecuted and issue an Administrative Citation without first having to issue a Notice of Violation.
J101.4 Protection of Utilities. The owner of any property on which grading has been performed, and which requires a grading permit under Section J103, shall be responsible for the prevention of damage to any public utilities or services.
J101.5 Protection of Adjacent Property. The owner of any property on which grading, has been performed and which requires a grading permit under Section J103 is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result. Special precautions approved by the Building Official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage 15 courses.
J101.6 Storm Water Control Measures. The owner of any property on which grading, has been performed shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities as required in Chapter 22.85 and/or any special conditions imposed on a project as a result of the issuance of a discretionary permit by the City.
J101.7 Maintenance of Protective Devices. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.
J101.8 Conditions of Approval. In granting any permit under this code, the Building Official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
1. Improvement of any existing grading to comply with the standards of this code.
2. Requirements for fencing of excavations or fills which may otherwise be hazardous.
3. Storm water pollution prevention control measures beyond those required by Section J101.6 of this Appendix J.
SECTION J102 DEFINITIONS
J102.1 Definitions. For the purposes of this appendix chapter, the terms, phrases and words listed in this section and their derivatives shall have the indicated meanings.
APPROVAL shall mean that the proposed work or completed work conforms to this chapter to the satisfaction of the Building Official.
AS–GRADED is the extent of surface conditions on completion of the approved grading project.
BEDROCK is in–place solid rock that is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of alluvium, colluvium and/or soil.
BENCH is a relatively level step excavated into earth material on which fill is to be placed.
16 BEST MANAGEMENT PRACTICE (BMP) is a storm water pollution mitigation measure which is required to be employed in order to comply with the requirements of the NPDES permit issued to the City of Santa Barbara by the California Regional Water Quality Control Board.
BORROW is earth material acquired from an off–site location for use in grading on a site.
CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works.
CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
COMPACTION the densification of a fill by mechanical means.
CUT See Excavation.
DESILTING BASINS are physical structures, constructed to allow the removal of sediments from surface water runoff.
DESIGN ENGINEER shall mean the civil engineer responsible for the preparation of the grading plans for the site grading work.
DOWN DRAIN a device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.
ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology. Shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under the applicable provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.
EROSION/SEDIMENTATION CONTROL PLAN (ESC) is a site drawing with details, notes, and related documents that identify the measures taken by the permittee to (1) control construction-related erosion and prevent construction-related sediment and pollutants from being carried offsite by storm water, and (2) prevent construction-related non-storm water discharges from entering the storm drain system that complies with the latest version of the Building & Safety Division’s ESC Policy. 17 EXCAVATION is the removal of earth material by artificial means, also referred to as a cut.
FIELD ENGINEER shall mean the civil engineer responsible for performing the functions as set forth in Section J105.4.
FILL is the deposition of earth materials by artificial means.
GEOTECHNICAL ENGINEER See “soils engineer.”
GEOTECHNICAL HAZARD is an adverse condition due to landslide, settlement, and/or slippage. These hazards include loose debris, slope wash, and the potential for mud flows from natural or graded slopes.
GRADE is the vertical location of the ground surface.
GRADE, EXISTING is the grade prior to grading.
GRADE, FINISHED is the final grade of the site that conforms to the approved plan.
GRADE, ROUGH is the stage at which the grade approximately conforms to the approved plan.
GRADING is an excavation or fill or combination thereof.
KEY is a compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
LANDSCAPE ARCHITECT shall mean a person who holds a certificate to practice landscape architecture in the State of California under the applicable landscape architecture provisions of Division 3, Chapter 3.5 of the Business and Professions Code.
LINE shall refer to horizontal location of the ground surface.
NATURAL GRADE is the vertical location of the ground surface prior to any excavation or fill.
PRIVATE SEWAGE DISPOSAL SYSTEM is a septic tank with effluent discharging into a subsurface disposal field, into one or more seepage pits or into a combination of subsurface disposal field and seepage pit or of such other facilities as may be permitted.
PROJECT CONSULTANTS shall mean professional consultants required by this code which may consist of the design engineer, field engineer, soils engineer, engineering geologist, and architect as applicable to this chapter.
PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include those performed by persons supervised by such engineers or geologists and shall 18 be sufficient to form an opinion relating to the conduct of the work.
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
SOIL is naturally occurring superficial deposits overlying bedrock.
SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering.
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principals of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of construction thereof.
STORM DRAIN SYSTEM is a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, pipes, ditches and manmade channels, designed or used for collecting, dissipating, or conveying storm water.
SURFACE DRAINAGE shall refer to flows over the ground surface.
SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.
TERRACE a relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
SECTION J103 PERMITS REQUIRED
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the Building Official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any Engineered Grading as described in Section J104 shall be performed by a contractor licensed by the State of California to perform the work described herein. Regular grading less than 5,000 cubic yards may require a licensed contractor if the Building Official determines that special conditions or hazards exist.
J103.2 Exemptions. A grading permit shall not be required for the following:
1. When approved by the Building Official, grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
2. Excavation for the construction of a structure permitted under this code. 19 3. Cemetery graves.
4. Excavations for wells, or trenches for utilities.
5. Exploratory excavations performed under the direction of a Soils Engineer or Engineering Geologist. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must be restored to existing conditions, unless approved by the Building Official.
6. An excavation that is not within a known landslide area and is less than 50 cubic yards (38.3 m3) and complies with one of the following conditions:
a) Is less than 2 feet (610 mm) in depth, or
b) Does not create a cut slope greater than 5 feet (1524 mm) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50% slope).
7. A fill not intended to support a structure and that is not within a known landslide area and which does not obstruct a drainage course and complies with one of the following conditions:
a) is less than 1 foot (305 mm) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical in (20% slope), b) is less than 3 feet (914 mm) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, and does not exceed 50 cubic yards and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50% slope), or
c) is less than 5 feet (1524 mm) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, and does not exceed 20 cubic yards and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50% slope). 20 8. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Unpermitted Grading. A person shall not own, use, occupy or maintain any site containing unpermitted grading. For the purposes of this Code, unpermitted grading shall be defined as any grading that was performed, at any point in time, without the required permit(s) having first been obtained from the Building Official, pursuant to Section 103.1.
J103.4 Availability of Permit at Site. No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit and approved grading plans is in the possession of a responsible person and available at the site.
J103.5 Grading Plan Review, Inspection and Permit Fees. Fees shall be assessed in accordance with the provisions set forth in the City of Santa Barbara’s most currently adopted fee schedule.
J103.6 Grading Security. The Building Official may require a security in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. If required, a permit shall not be issued for grading unless the owner posts with the Building Official a security in one of the following forms:
1. A bond furnished by a corporate surety authorized to do business in this state.
2. A cash bond.
3. Savings and loan certificates or shares deposited and assigned to the City of Santa Barbara.
21 4. An instrument of credit from a financial institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the grading are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.
5. Where unusual conditions or special hazards exist, the Building Official may require security for grading involving less than 1,000 cubic yards (764.6 m3). Security required by this Section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the Building Official.
6. The Building Official may waive the requirements for a security for:
a) Grading being done by or for a governmental agency.
b) Grading necessary to remove a geotechnical hazard, where such work is covered by an agreement and security posted pursuant to the provisions of the City’s "Subdivision Ordinance”.
c) Minor grading on a site, not exceeding a slope of 3 horizontal to 1 vertical, provided such grading as determined by the Building Official will not affect drainage from or to adjacent properties.
d) Filling of holes or depressions, provided such grading will not affect the drainage from or to adjacent properties, or affect a rare, threatened or endangered species or its habitat, or other sensitive habitat.
J103.6.1 Amount of Security. The amount of security shall be based on the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices or work necessary to eliminate geotechnical hazards.
That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows:
1. 100,000 cubic yards or less - 50 percent of the estimated cost of grading work.
2. Over 100,000 cubic yards - 50 percent of the cost of the first 100,000 cubic yards plus 25 percent of the estimated cost of that portion in excess of 100,000 cubic yards.
3. When the rough grading has been completed in conformance with the requirements of this code, the Building Official may at his or her discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the Building Official.
J103.6.2 Conditions. All security shall include the conditions that the principal shall:
1. Comply with all of the provisions of this code, applicable laws, and ordinances;
2. Comply with all of the terms and conditions of the grading permit; and 22 3. Complete all of the work authorized by the permit.
J103.6.3 Term of Security. The term of each security shall begin upon the filing thereof with the Building Official and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.
J103.6.4 Default Procedures. In the event the owner or the owner's agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and security or financial institution on the grading permit security, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this code be performed. The surety or financial institution executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment.
J103.6.5 Right of Entry. The Building Official or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work.
In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the Building Official, or any person employed or engaged in the behalf of any of these parties, shall have the right to go upon the premises to perform the required work.
The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises, of any authorized representative of the surety or financial institution or of the City of Santa Barbara engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
SECTION J104 PERMIT APPLICATION AND SUBMITTALS
J104.1 Submittal requirements. In addition to the provisions of Sections J106 and J107, the applicant shall state the estimated quantities of excavation and fill.
J104.2 Site plan requirements. In addition to the provisions of Section J106, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code.
J104.2.1 Grading Designation. Grading in excess of 5,000 cubic yards or for the support of a structure shall be performed in accordance with the approved grading plan prepared by 23 a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5,000 cubic yards (3825 m3) shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the Building Official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
J104.2.2 Regular Grading Requirements. In addition to the provisions of Section J106 and Section J104.2, an application for a regular grading permit shall be accompanied by three sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications.
Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Each sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.
The plans shall include, but shall not be limited to, the following information:
1. A vicinity map showing the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
4. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 100 feet of the property in any direction.
5. Erosion/Sedimentation, all relevant storm water pollution prevention measures, and dust control provisions are required to be shown on the grading plan in accordance with the requirements of Sections J110, J111 & 112 of this appendix.
J104.2.3 Engineered Grading Requirements. In addition to the provisions of Sections J104.2 and J106, an application for an engineered grading permit shall be accompanied by specifications and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the Building Official.
Specifications shall contain information covering construction and material requirements. 24 Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. Each plan drawing shall give location of the work, the name and address of the owner, and the person by whom they were prepared.
In addition to the plans required for Regular Grading Permits, the plans for Engineered Grading Permits shall include, but shall not be limited to, the following information:
6. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.
7. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
8. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.
9. A statement of the quantities of material to be excavated and/or filled and the amount of such material to be imported to, or exported from the site.
10. A statement of the estimated starting and completion dates for work covered by the permit.
11. A statement signed by the owner acknowledging that a field engineer, soils engineer and engineering geologist, when appropriate, will be employed to perform the services required by this code, whenever approval of the plans and issuance of the permit are to be based on the condition that such professional persons be so employed.
12. Erosion/Sedimentation, Storm water, and dust control provisions are required to be shown on the grading plan in accordance with the requirement of sections J110, J111 & J112 of this appendix.
13. A drainage plan for that portion of a lot or parcel to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs and fences that may affect drainage.
14. Location and type of any proposed private sewage disposal system. 25 15. Location of existing utilities and drainage facilities and recorded easements. (public and private).
16. Location of all flood zones as designated and defined in Title 44, Code of Federal Regulations.
J104.3 Soils Engineering Report. The soils engineering report required by Section J104.2.2 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. All reports shall conform with the requirements of this Code and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
J104.4 Engineering Geology Report. The engineering geology report required by Section J104.2.2 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. The engineering geology report shall include a geologic map and cross sections utilizing the most recent grading plan as a base.
All reports shall conform with the requirements of this Code and shall be subject to review by the Building Official. Supplemental reports and data may be required as the Building Official may deem necessary. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plan or specifications.
Exception: A soils engineering or engineering geology report is not required where the Building Official determines that the nature of the work applied for is such that a report is not necessary.
J104.5 Liquefaction study. A geotechnical investigation may be required when the proposed work is a “Project” as defined in California Public Resources Code section 2693, and is located in an area designated as a “Seismic Hazard Zone” as defined in Title 14, Section 3722 of California Code of Regulations on Seismic Hazard Zone Maps issued by the State Geologist under Public Resources Code section 2696.
Exception: A liquefaction study is not required where the Building Official determines from established local data that the liquefaction potential is low.
SECTION J105 INSPECTION
J105.1 General. Grading inspections shall be governed by Section J105 of this Appendix J as indicated herein and by the Santa Barbara Municipal Code 22.85 (Erosion and Sedimentation Control Standards for Construction) and 22.87 (Storm Water Management).
Grading operations for which a permit is required shall be subject to inspection by the Building Official, City Creeks Division and/or the City Engineer depending upon the hazards that the 26 grading presents. Private professional inspection of grading operations shall be provided by a licensed Civil Engineer, Soils Engineer and/or the Engineering Geologist retained to provide such services in accordance with this Section for engineered grading and as required by the Building Official.
All field inspections of grading that are recommended by the Project Engineer or required by the Building Official shall be specifically called out on the cover sheet of the plans where the other special inspections are noted.
J105.2 Special and Supplemental inspections. The special inspection requirements of Section 1704 shall apply to work performed under a grading permit where required by the Building Official. In addition to the called inspections specified in Section J105, the Building Official may make such other inspections as may be deemed necessary to determine that the work is being performed in conformance with the requirements of this code. Investigations and reports by an approved soil testing agency, Soils Engineer and/or Engineering Geologist, and Field Engineer may be required. Inspection reports shall be provided when requested by the Building Official.
Inspection of drainage devices by the Field Engineer in accordance with this section may be required when the Building Official determines the drainage devices are necessary for the protection of the structures in accordance with this code.
J105.3 Field Engineer Inspections. When required, the field engineer shall provide professional inspection within such engineer’s area of technical specialty, oversee and coordinate all field surveys, set grade stakes, and provide site inspections during grading operations to ensure the site is graded in accordance with the approved grading plan and the appropriate requirements of this code. During site grading, and at the completion of both rough grading and final grading, the field engineer shall submit statements and reports required by Sections J105.11 and J105.12. If revised grading plans are required during the course of the work, they shall be prepared by a Civil Engineer and submitted to the Building Official for review and approval by the Building Official.
J105.4 Soils Engineer Inspections. When required, the Soils Engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The Soils Engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Building Official and the Field Engineer.
J105.5 Engineering Geologist Inspection. When required, the Engineering Geologist shall provide professional inspection within such engineer’s area of technical 27 specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.
J105.6 Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code. The permittee shall engage project consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the project consultants, the contractor and the Building Official. In the event of changed conditions, the permittee shall be responsible for informing the Building Official of such change and shall provide revised plans for approval.
J105.7 Building Official Inspections. The Building Official shall be called to inspect the project site at the stages of work shown below. Failure to obtain City inspection approval before covering the work may result in any or all of the following: Issuance of an administrative citations without first having to issue a notice of violation, re-inspection fees, and/or excavation/uncovering of the uninspected work.
1. Pregrade. Before any construction or grading activities occur at the site; the permittee shall schedule a pre-grade inspection with the Building Official. The permittee is responsible for coordinating that all project consultants are present at the pre-grade inspection. All pre-grading storm water pollution prevention and erosion/sedimentation measures must be in place and ready for inspection.
2. Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill shall have been placed prior to this inspection. All storm water pollution prevention and erosion/sedimentation measures shall be updated and installed.
3. Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices necessary for the protection of the building sites from flooding are installed; berms installed at the top of the slopes; and the statements required by Section J105.12 have been received.
4. Interim. The permit applicant shall request inspections from the City prior to covering elements of the permanent (post-construction) storm water pollution prevention system(s).
5. Final. When grading has been completed; all drainage devices necessary to drain the building pad and project site are installed; slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted and stamped approved by the Building Official.
J105.8 Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the Field Engineer, the Soils Engineer or the Engineering Geologist 28 finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies and corrective measures which should be taken shall be reported immediately in writing to the permittee and to the Building Official.
J105.9 Transfer of Responsibility. If the Field Engineer, the Soils Engineer, or the Engineering Geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading.
J105.10 Non-inspected grading. No person shall own, use, occupy or maintain any noninspected grading. For the purposes of this code, non-inspected grading shall be defined as any grading for which a grading permit was first obtained, pursuant to Section J103, supra, but which has progressed beyond any point requiring inspection and approval by the Building Official without such inspection and approval having been obtained.
J105.11 Routine Field Inspections and Reports. Unless waived by the Building Official, routine inspection reports shall be provided by the Field Engineer for all engineered grading projects. The Field Engineer shall file these reports, with the Building Official as follows:
1. Bi-weekly during all times when grading of 400 cubic yards or more per week is active on the site;
2. Monthly, at all other times; and
3. At any time when requested in writing by the Building Official.
Such reports shall certify to the Building Official that the Field Engineer has inspected the grading site and related activities and has found them in compliance with the approved grading plans, the building code, grading permit conditions, storm water pollution prevention measures, and other applicable ordinances and requirements.
J105.12 Completion of work. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required to be delivered to the Building Official before final inspection approval:
1. An as–built grading plan prepared by the Field Engineer retained to provide such services in accordance with Section J105.3 showing all plan revisions as approved by the Building Official. This shall include original ground surface elevations, as–graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities, all installed components of post-construction storm water pollution prevention systems, and the outlets of subsurface drains. Post-construction storm water pollution prevention system components can also be certified by the project Qualified Storm Water Developer (QSD) and forwarded to the City by the Field Engineer. As– constructed locations, elevations and details of subsurface drains shall be shown as 29 reported by the soils engineer.
2. The Field Engineer shall state in a report to the Building Official, that to the best of their knowledge, the grading work was done in accordance with the final, City approved, grading plan.
3. A report shall be prepared by the Soils Engineer, retained to provide such services in accordance with Section J105.4. That report shall include:
a. Locations and elevations of field density tests
b. Summaries of field and laboratory tests
c. Other substantiating data
d. Comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report
e. A statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. The report shall contain a finding regarding the safety of the completed grading and any proposed structures subject to a known landslide, settlement, or slippage hazard.
4. A report shall be prepared by the Engineering Geologist, retained to provide such services in accordance with Section J105.5. That report shall include:
a. A final description of the geology of the site
b. Any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan and their anticipated effect on any post-construction storm water pollution prevention system(s).
c. A statement that, to the best of their knowledge, the grading work is in accordance with the approved engineering geologist report, applicable provisions of this chapter, and any City approved as–built plans and specifications.
J105.13 Notification of completion. The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion–control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted and approved.
SECTION J106 EXCAVATIONS
J106.1 General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.
In the absence of an approved soils engineering or engineering geology report, these provisions may be waived, as approved by the Building Official, for minor cuts not 30 intended to support structures nor subject to a surcharge.
J106.2 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2 units horizontal in 1 unit vertical (50% slope) unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property in conformance with the requirements of Section J111. The Building Official may require the excavation to be made with a cut face flatter in slope than 2 units horizontal to 1 unit vertical if the Building Official finds it necessary for stability and safety.
J106.3 Slope Surface Protection. All slopes must be stabilized against surface erosion. Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved by the Building Official.
J106.4 Drainage. Drainage, including drainage terraces and overflow protection, shall be provided as required by Section J109.
SECTION J107 FILLS
J107.1 General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report and if approved by the Building Official, these provisions may be waived for minor fills not intended to support structures.
J107.2 Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 2 units horizontal in 1 unit vertical (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 5 units horizontal in 1 unit vertical (20% slope) and the height is greater than 5 feet, benching into sound bedrock or other competent material shall be provided as a minimum in accordance with Figure J107.2 or as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 5 units horizontal in 1 unit vertical (20% slope) shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the Soils Engineer or Engineering Geologist or both as a suitable foundation for fill.
31 FIGURE J107.2 BENCHING DETAILS
J107.3 Subdrains. Except where recommended by the Soils Engineer or Engineering Geologist as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such sub- drainage systems shall be of a material and design approved by the Soils Engineer and acceptable to the Building Official, City Engineer and/or City Creeks Division Manager according to the relevant hazards present. The permittee shall provide continuous inspection during the process of subdrain installation to conform with approved plans and Engineering Geologist’s and Soils Engineer’s recommendation. Such inspection shall be done by the soil testing agency. The location of the subdrains shall be shown on a plan by the Soils Engineer. Excavations for the subdrains shall be inspected by the Engineering Geologist when such subdrains are included in the recommendations of the Engineering Geologist
J107.4 Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Unless approved by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.
EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement 32 and approves the fill stability. The following conditions shall also apply:
1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well–graded soil.
4. The reports submitted by the soils engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the engineer's recommendations and the approved plans.
5. The location of oversized rock dispersal areas shall be shown on the as- built plan.
J107.5 Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. Fills shall be compacted throughout their full extent to a minimum relative compaction of 90 percent of maximum dry density within 40 feet below finished grade and 93 percent of maximum dry density deeper than 40 feet below finished grade, unless a lower relative compaction (not less than 90 percent of maximum dry density) is justified by the soils engineer.
The relative compaction shall be determined by A.S.T.M. soil compaction test D1557 where applicable. Where not applicable, a test acceptable to the Building Official shall be used, unless the owner furnishes a soils engineering report conforming with the requirements of Section J104.3, stating that the site has been investigated and giving an opinion that a fill at a steeper slope will be stable and not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the fill slope be constructed with a face flatter in slope than two horizontal to one vertical if the Building Official finds it necessary for stability and safety.
Field density shall be determined by the Sand Cone Method unless another method is specifically required by the Civil Engineer of record or the City official responsible for public safety.
Fill slopes steeper than 2 units horizontal to 1 unit vertical shall be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill shall be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the Building Official that the angle of slope, construction method and other factors will accomplish the intent of this Section.
J107.4 Maximum Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 2 units horizontal in 1 unit vertical (50% slope).
J107.5 Slopes to Receive Fill. Where fill is to be placed above the top of an existing slope steeper than 3 units horizontal to 1 unit vertical, the toe of the fill shall be set back from the top 33 edge of the slope a minimum distance of 6 feet measured horizontally or such other distance as may be specifically recommended by a Soil Engineer or Engineering Geologist and approved by the Building Official.
J107.6 Inspection of Fill. For engineered grading, the Soils Engineer shall provide sufficient inspections during the preparation of the natural ground and the placement and compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this chapter. In addition to the above, the Soils Engineer shall be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet (9144 mm) or result in a slope surface steeper than 2 units horizontal to 1 unit vertical.
J107.6 Testing of Fills. Sufficient tests of the fill soils shall be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the Civil Engineer of record and approved by the Building Official.
SECTION J108 SETBACKS
J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks.
J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater.
34 FIGURE J108.1
DRAINAGE DIMENSIONS
35 J108.3 Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where required to protect adjacent properties at the toe of a slope from adverse effects of the grading, additional protection, approved by the Building Official, shall be included. Such protection may include but shall not be limited to:
1. Setbacks greater than those required by Figure J108.1.
2. Provisions for retaining walls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the control of surface waters.
J108.4 Alternate Setbacks. The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified Civil Engineer or Geologist to demonstrate that the intent of this section has been satisfied.
SECTION J109 DRAINAGE AND TERRACING
J109.1 General. Unless otherwise recommended by a registered design professional, and approved by the Building Official, drainage facilities and terracing shall be provided in accordance with the requirements of this Section and Santa Barbara Municipal Code 22.87 (Storm Water Management).
Exception: Drainage facilities and terracing only need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent). Compliance with Santa Barbara Municipal Code 22.87 remains applicable.
J109.2 Drainage Terraces. Drainage terraces and their drainage systems shall be designed by a licensed Civil Engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance. Downdrains and drainage outlets shall be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in Section J109.5.
J109.3 Interceptor drains and overflow protection. Berms, interceptor drains or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of a slope. Discharge from the drain shall not create a nuisance condition.
J109.4 Drainage across property lines. Surface drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. 36 J109.5 Disposal. All drainage facilities shall be designed in accordance with J109.5 and Chapters 22.85 and 22.87 of this Code. Erosion of ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. De-silting basins, filter barriers or other methods, as approved by the Building Official and/or the Public Works Director, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipater may be required.
Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, a public street or drainage structure approved to receive storm waters unless waived by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the building official finds such modification will not result in unfavorable drainage conditions. 37 SECTION J110 SLOPE PLANTING AND EROSION CONTROL
J110.1 General. Under no circumstances will the observable erosion of one parcel be allowed to enter the boundaries of another parcel or public way. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control shall consist of effective planting, erosion control blankets, soil stabilizers or other means as approved by the Building Official.
Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials as determined by the project Geologist and approved by the Building Official.
SECTION J111 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE
J111.1 General. All grading plans and permits shall comply with the provisions of this section for NPDES compliance including the owner of any property on which grading has been performed and which requires a grading permit under Section J103.
J111.2 Erosion/Sedimentation Control Plan (ESCP). No grading permit shall be issued unless the plans for such work include an Erosion/Sedimentation Control Plan, that conforms to the Erosion/Sedimentation Control Policy of the City of Santa Barbara’s Building & Safety Division, with details of best management practices, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to control construction-related pollutants which originate from the site as a result of construction related activities. Sites which have been graded and which requires a grading permit under Section J103 are subject to penalties and fines per Section J111.4 All best management practices shall be installed before grading begins. As grading progresses, all best management practices shall be updated as necessary to prevent erosion and control constructed related pollutants from discharging from the site. All best management practices shall be maintained in good working order to the satisfaction of the Building Official unless final grading approval has been granted by the Building Official and all permanent drainage and erosion control systems, if required, are in place.
J111.4 Erosion/Sedimentation Control Plan, Effect of Noncompliance. Should the owner fail to install the best management practices required by Section J111.2, it shall be deemed that a default has occurred under the conditions of the grading permit security. There upon, the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage, erosion control and other devices shown on the approved plans, or if there are no approved plans, as the Building Official may deem necessary to protect adjoining property from the effects of erosion, flooding, or the deposition of mud, debris or constructed related pollutants, or the Building Official may cause the owner to be prosecuted as a violator of this Code or may take both actions. The Building Official shall have the authority to issue administrative penalties pursuant to as Santa Barbara Municipal Code 1.25 upon determining that the site is non-compliant. Payment of penalty shall not relieve any persons from fully complying with the requirements of this Code in the execution 38 of the work.
If the best management practices for storm water pollution prevention are not installed as prescribed in Section J111.2 and approved by the Building Official, the following penalties shall be imposed:
Grading Permit Volume Penalty:
1--10,000 cubic yards (1--7645.5 m3) = $500.00 per day per violation 10,001--100,000 cubic yards (7646.3--76455 m3) = $750.00 per day per violation More than 100,000 cubic yards (76455 m3) = $1,000.00 per day per violation NOTE: See Section J108 for inspection request requirements.
SECTION J112 DUST CONTROL
Santa Barbara County Air Pollution Control District's dust control measures identified as “Construction Impact Mitigation: PM10 Mitigation Measures” in SBCAPCD's “Scope and Content of Air Quality Sections in Environmental Documents” shall be adhered to during all ground disturbing activities.
SECTION J113 REFERENCED STANDARDS
These regulations establish minimum standards and are not intended to prevent the use of alternate materials, methods or means of conforming to such standards, provided such alternate has been approved.
The Building Official shall approve such an alternate provided he or she finds that the alternate is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, durability and safety.
The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the alternate.
The standards listed below are recognized standards. Compliance with these standards is mandatory unless specifically exempted by the Building Official.
1. Testing.
39 a) ASTM D 1557, Laboratory Characteristics Compaction of Soil Using Modified Effort
b) ASTM D 1556, Density and Unit Weight of Soils In Place by the Sand Cone Method
c) ASTM D 2167, Density and Unit Weight of Soils In Place by the Rubber-- Balloon Method
d) ASTM D 2937, Density of Soils in Place by the Drive--Cylinder Method e) ASTM D 2922, Density of Soil and Soil Aggregate In Place by Nuclear Methods
f) ASTM D 3017, Water Content of Soil and Rock in Place by Nuclear Methods SECTION 3. Section 22.04.025 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.25 Amendments to California Residential Code
The 2022 California Residential Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.025.
A. Section R105.2 is amended to read as follows:
Section R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Note - For work, other than work involving, or accessory to, detached one- and two-family dwellings or townhouses, see Section 105 of the 202219 California Building Code as amended):
Building:
1. One-story detached residential accessory structures used as tool and storage sheds, playhouses, portable and fixed playground equipment, bicycle or skateboard ramps and similar uses, provided the floor area does not exceed 120 square feet and the height does not exceed 10 feet at the highest point; and further provided the structure does not encroach into required setbacks or required open yards, does not obstruct required parking, and is not served by any utilities. The combined square footage of exempt accessory structures may not exceed 200 square feet on any single parcel.
2. Residential fences and walls not over 3 ½ feet high, as measured from the lowest adjacent grade of the fence or wall, and that such fence or wall will not adversely affect drainage or cause erosion.
3. Residential retaining walls, and non-retaining walls, including masonry and concrete walls, which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, and that such wall will not support a surcharge, will not adversely affect drainage or cause erosion and is not located on a slope greater than 20%. 40 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.
5. New, replaced or altered uncovered residential platforms, decks, porches, walks, patios, flatwork (other than parking areas and driveways) that are not more than 10 inches above adjacent grade, and not over any basement or story below, and not part of the means of egress from a normally occupied interior space.
6. Interior painting, papering, tiling, carpeting, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24” deep.
8. Ground mounted radio, television and other masts or antenna or dish shaped communication reception or transmitting structures less than 3 feet in diameter, which do not extend more than 15 feet above grade and are not served by electrical circuits regulated under the National Electrical Code NEC). Light- weight roof-mounted radio, television, and other masts or antenna or dish shaped communication reception or transmitting structures less than 2 feet in diameter, which do not extend more than 15 feet above the roof, are not served by electrical circuits regulated under the NEC, and which are not subject to design review by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board.
Electrical:
therefore.
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets
3. Replacement of branch circuit over current devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
41 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
B. Section R105.5 “Expiration” is amended to read as follows:
R105.5 Expiration. Unless extended by the Building Official, every permit issued shall become invalid without notice provided when the following occurs:
1. The work on the site, authorized by such permit, is not commenced within 180 days of the permit issuance date, or
2. During any period of more than 180 days after permit issuance, the work on site does not receive a City Inspection approval for any one of the inspections found in Section 110.3
Prior to the permit expiration above, when requested in writing, the Building Official may grant administrative permit extensions for circumstances out of the permit holder’s control that caused the construction to stop. However, no permit will be active for more than 6 years.
C. Section R112 “Board of Appeals” is deleted and replaced with the following:
R112.1 General. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 2 0 2 2 California Building Code as amended by the City of Santa Barbara in Section
22.04.020 of this Code.
D. Section R115 “Post-Damage Assessment” is added to read as follows:
E. R115 Post-Damage Assessment. After a disaster, residential buildings subject to this Code shall be assessed for damage and placarded in accordance with Chapter 22.09 of this Code.Section R304.4 “Efficiency Dwelling Units” is added to read as follows:
R304.4 Efficiency Dwelling Units. Unless modified by local ordinance pursuant to Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
42 1. The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.
Exception:
Notwithstanding the provisions of subsection 1 above, for projects constructed or operated by a nonprofit or governmental agency offering housing at an Affordable Housing Cost to Lower Income Households (as those terms are defined in sections 50052.5 and 50079.5 of the California Health and Safety Code), the City may permit efficiency dwelling units for occupancy by no more than two persons who qualify as either very low or low income households where the units have a minimum useable floor area, (excluding floor area in the kitchen, bathroom and closet), of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in this code.
2. The unit shall be provided with a separate closet.
3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
F. Section R313.1 “Townhouse automatic fire sprinkler systems” is amended to read as follows:
R313.1 Townhouse and one- and two-family dwelling automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in new townhouses and one- and two- family dwellings.
R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses and one- and two- family dwellings shall be designed and installed in accordance with Section R313.3 or NFPA 13D.
G. Section R313.2 “One- and two- family dwellings automatic fire sprinkler systems” is amended to read as follows:
43 R313.2 City of Santa Barbara Local Requirements. Approved sprinkler systems shall be provided throughout a building in connection with the projects or changes of occupancy listed in this Section R313.2.2 or as specified elsewhere in this Section R313, whichever is more protective.
R313.2.1 Additions to or Remodels of Single Family Residences, Duplexes and Townhouses. Sprinklers are required for the addition of floor area to, or the modification or alteration of the interior of, an existing building that contains a Group R, Division 3 occupancy and townhouses, where the floor area of the portion of the building that is added, modified, or altered exceeds 75% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 75% threshold measured against the floor area of the building.
R313.2.2 Computation of Square Footage. For the purposes of this Section R313, the floor area of buildings shall be computed in accordance with the definition of “Floor area, Gross” provided in Section 202 of the 202219 California Building Code.
R313.2.3 existing use. Except as provided in this Section R313, any building in existence at the time of the effective date of the ordinance adopting this section may continue with such use if such use was legal at the time.
H. Section R337.1.1 “Scope” is amended to read as follows:
R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, remodels or additions to existing buildings located within a Wildland-Urban Interface Fire Area as defined in Section R337.2 and R337.1.3.1 Item #3.
I. Section R337.1.3 “Application” is amended to read as follows:
R337.1.3. Application. New buildings, remodeled buildings or additions to existing buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the enforcing agency constructed after the application date shall comply with this chapter.
Exception: Accessory and/or Group U occupancy buildings may be exempted from all or portions of this chapter upon approval of the Fire code official and/or Chief Building Official.
J. Section R337.5 “Roofing” is amended to read as follows:
R337.5 Roofing
R337.5.1 General. Roofs shall comply with the most restrictive requirements of Sections R337 and R902. Roofs shall have a roofing assembly installed in accordance with its listing and manufacturers installation instructions. 44 R337.5.2 Roof Coverings. Roof coverings on new buildings shall be class A noncombustible in accordance with adopted CRC Standards or otherwise as may be approved by the Chief Building Official. Roof coverings shall be class A or noncombustible fire retardant materials on existing buildings and additions or repairs to existing buildings. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two (2) year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. Green” or “Vegetated” roofs shall not be used in the Wildland-Urban Interface Fire Area.
R337.5.3 Roof Valleys. Where valley flashing is installed, the flashing shall be not less than 0.019-inch (0.48 mm) No. 26 gage galvanized sheet corrosion-resistant metal installed over not less than one layer of minimum 72 pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D 3909, at least 36-inch wide (914 mm) running the full length of the valley.
R337.5.4 Roof Gutters. Roof gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter. All roof gutters and downspouts shall be constructed of non-combustible materials.
R337.5.5 Drip Edge Flashing. When drip edge flashing is used at the free edges of roofing materials, it shall be non-combustible.
K. Section R337.6.2 “Requirements” is amended to read as follows:
R337.6.2 Requirements. Ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials, or other devices that meet the following requirements:
1. The dimensions of the openings therein shall be a minimum of 1/16th inch (1.6 mm) and shall not exceed 1/8th inch (3.2mm).
2. The materials used shall be noncombustible.
Exception to item #2: Vents located under the roof covering, along the ridge of roofs, with the exposed surface of the vent covered by noncombustible wire mesh, may be of combustible materials.
3. The materials used shall be corrosion resistant.
4. Individual ventilation openings shall not exceed 144 square inches.
5. Turbine attic vents shall be equipped to allow one-way direction rotation only and shall not free spin in both directions.
6. Ventilation openings protected with vent openings that resist the intrusion of flame and embers, and which are listed by the State Fire code official, are exempt from complying with this sub-section.
45 L. Section R337.8.2 “Exterior glazing” is amended to read as follows:
R337.8.2 Exterior glazing. The following exterior glazing materials and/or assemblies shall comply with this section:
1. Exterior windows and/or skylights.
2. Exterior glazed doors.
3. Glazed openings within exterior doors.
4. Glazed openings within exterior garage doors.
5. Exterior structural glass veneer.
M. Sections R341 and R342 are added as follows:
R341. Encroachments into the Public Right of Way. Encroachments into the public right of way shall comply with the standards of Chapter 32 of the California Building Code.
R342. Safeguards During Construction. Provisions for pedestrian safety during construction and the protection of adjacent public and private properties shall be governed by the requirements of Chapter 33 of the California Building Code.
N. Section R401.4 “Soils tests” is amended to read as follows:
R401.4. Soils Reports/Geotech Investigations. A Soils Report or Geotechnical Investigation shall be required as outlined in Section 1803 of the 2022 California Building Code.
Exceptions:
1. Single-story additions with less than a 500 sq. ft. “footprint” and that are less than 50% of the existing structure they are attached to.
2. Second story additions to an existing slab on grade structure that does not require new footings.
3. Detached “U” Occupancy Category buildings.
O. Section 401.5 “Grading” is added to read as follows:
R401.5 Grading. All grading, excavations and earthwork, including work required and/or related to structures regulated by this code, shall comply with Appendix J “Grading” of the 202219 California Building Code as amended.
P. Section R403.1.2 “Continuous footing in seismic design categories D0, D1 and D2” is amended to read as follows:
R403.1.2 Continuous footing in seismic design categories D0, D1 and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall 46 panels in buildings shall be supported by continuous footings regardless of the spacing of the brace wall lines.
O. Section R403.1.5 “Slope” is amended to read as follows:
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in ten units horizontal (10- percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in ten units horizontal (10-percent slope).
For structures located in Seismic Design Categories D0, D1, D2, and E, stepped footings shall be reinforced with four ½-inch diameter (12.7 mm) deformed reinforcing bars. Two bars shall be placed at the top of the footing and two bars shall be placed at the bottom of the footing.
R. Section R404.2 “Wood foundation walls” is amended to read as follows:
R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures 403.l(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Categories D0, D1, D2, and E.
S. Sections R902.1–R902.1.3 of the “Roofing covering materials” section are amended to read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roof shall be installed in areas designated by this section. Classes A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
R902.1.1 Roof Coverings within Very-High Fire Hazard Severity Zones. The roofing and re-roofing requirements of structures within Very-High Fire Hazard Severity Zones shall be the same as is required for Wildland-Urban Interface Fire Area, as defined in Section R337.2 and R337.1.3.1 Items #2 and #3.
R902.1.2 “Roof coverings within state-responsibility areas” is deleted in its entirety without replacement.
R902.1.3 Roof coverings in all other areas. The roof covering or roofing assembly of any new building or the re-roofing of any existing building shall be no less than Class B. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two-year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. 47 Exception: In the High Fire Hazard District, roof coverings shall be in accordance with Section R337 as amended.
T. Section R905.10.1 “Deck Requirements” is amended to read as follows:
R905.10.1 Deck Requirements. Metal roof panel roof coverings shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied to spaced supports. Metal roof panel coverings shall not be installed over combustible shingles or shakes.
U. Appendix AXV - is amended to read as follows:
AV100 Private Swimming Pools. Private swimming pools shall be constructed in accordance with the 202219 California Building Code, Section 3109.
SECTION 4. Section 22.04.030 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.30. Amendments to California Plumbing Code.
The 202219 California Plumbing Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.030.
A. Section 104.4.3 “Expired Permits” is amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
B. Section 104.5 “Fees” is amended to read as follows:
104.5 Fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 202219 California Building Code Section 109.
C. Section 107 “Board of appeals” is amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
D. Section 301.6.1 “County as Local Health Authority” is added to read as follows:
48 301.6.1 County as Local Health Authority. Pursuant to the application of section 301.6, the Santa Barbara County Environmental Health Department is the Local Health Authority.
E. Local Modifications to Section 422.2. 1 “Single Use Toilet Facilities” of the California Plumbing Code
(1.) 422.2.1 Single-user Toilet Facilities Identification. Family or assisted use toilet facilities shall be identified with signage indicating use by either sex. All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Section 11B-703.7.2.6 of the California Building Code and designated for use by no more than one occupant at a time or for family or assisted use. For the purposes of Section 422.2.1, “single-user toilet facility” means a toilet facility with one water closet and no more than one urinal with a locking mechanism controlled by the user.
(2.) Separate facilities shall not be required where rooms have fixtures designed for use by all genders and the water closets are installed in privacy compartments with a locking mechanism controlled by the user. When installed, urinals shall be located in a enclosed privacy compartment or an enclosed separate private area with a locking mechanism controlled by the user.
(3.) The substitution of a water closet for each urinal shall be permitted provided the total number of fixtures installed complies with Table 422.1 of the California Plumbing Code.
This subsection shall not allow for a reduction in the total number of plumbing fixtures that are required by Part 5 of Title 24 of the California Code of Regulations nor a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
E. F. Section 423 “Fountains” is added to read as follows:
423 Fountains. All fountains and other decorative bodies of water of any depth shall be equipped with a recirculation system, an approved Reduced Pressure Principle Backflow Prevention Assembly (RP) and shall be designed to operate without a continuous supply of water.
F. G. Section 424 “Vehicle Wash Facilities” is added to read as follows:
424 Vehicle Wash Facilities.
All vehicle wash facilities using conveyors, touchless and/or rollover in-bay technology shall reuse a minimum of fifty percent (50%) of water from previous vehicle rinses in subsequent washes.
Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral content, shall incorporate the unused concentrate in subsequent vehicle washes.
All hoses pipes and faucets designed for the manual application of water to vehicles at vehicle wash facilities shall be equipped with a positive shut-off valve 49 designed to interrupt the flow of water in the absence of operator applied pressure.
1. Section 603.1 “General” is amended to read as follows:
G. H. 603.1 General. Cross-connection control shall be provided in accordance with the provisions of this chapter and Sections 7583 through 7630 “Drinking Water Supplies” of Title 17 of the California Administrative Code, and where there is a conflict between the requirements, the higher level of protection shall apply.
No person shall install any water-operated equipment or mechanism, or use any watertreating chemical or substance, if it is found that such equipment, mechanism, chemical, or substance causes pollution or contamination of the domestic water supply. Such equipment or mechanism shall be permitted only when equipped with an approved backflow prevention device or assembly.
1. Section 608.2 “Excessive Water Pressure” is amended to read as follows:
H. I. 608.2 Excessive Water Pressure. Regardless of the pressure at the main, all occupancies served by the City of Santa Barbara Water Resource Division shall be equipped with an approved pressure regulator preceded by a strainer (unless a strainer is built into the device). Any irrigation system or other secondary piping that bypasses 50 said regulator shall be equipped with its own approved pressure regulator and strainer, installed upstream of any piping, backflow device, valve, solenoid or outlet. Such regulator(s) shall control the pressure to all water outlets in the building unless otherwise approved by the Authority Having Jurisdiction. Each such regulator and strainer shall be accessibly located above ground or in a vault equipped with a properly sized and sloped bore-sighted drain to daylight, shall be protected from freezing, and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. Pipe size determinations shall be based on 80 percent of the reduced pressure when using Table 610.46-6. An approved expansion tank shall be installed in the cold water distribution piping downstream of each such regulator to prevent excessive pressure from developing due to thermal expansion and to maintain the pressure setting of the regulator. The expansion tank shall be properly sized and installed in accordance with the manufacturer's instructions and listing. Systems designed by registered engineers shall be permitted to use approved pressure relief valves in lieu of expansion tanks provided such relief valves have a maximum pressure relief setting of one hundred (100) pounds per square inch (689 kPa) or less.
I. J. Sections 710.14 “Sewage Pump Signaling Device” and 710.15 “Approved Type Backwater Valve” are added to read as follows:
710.14 Sewage Pump Signaling Device. Specially designed sewage disposal systems which depend upon a sewage lift pump or ejector for their operation shall be provided with an approved audible signaling device to warn building occupants in the event of pump failure. 710.15. Approved Type Backwater Valve. When the valuation of an addition, alteration, or repair to a building exceeds $1,000.00 or when additions, alterations, or repairs are made to the plumbing system or fixtures and a permit is required, an approved backwater valve shall be installed in accordance with Section 710.0 of this Code.
Exception: The following work is allowed without the installation of a Backwater Valve:
1. Repairs to the exterior surface of a building.
2. The installation of solar photo voltaic energy systems
3. The installation of electrical vehicle charging systems
4. Domestic water heater equipment replacements
5. Residential electrical panel board replacement/upgrades
6. Other work as deemed exempt in writing by the Chief Building Official J. K. Section 713.2 “Connection to Public Sewage System” is amended to read as follows:
713.2 Connection to Public Sewage System. When no public sewer intended to serve any lot or premises is available in any thoroughfare or right of way abutting such 51 lot or premises, drainage piping from any building or works shall be connected to an approved private sewage disposal system.
Approved private systems may be used until a public system is available. Upon written notice by the Chief Building Official to the record owner of title, such private systems shall be abandoned in accordance with the provisions of Section 722.0 of this code and permits to connect to the public system must be secured.
SECTION 5. Section 22.04.040 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.40 Amendments to the California Mechanical Code.
The 202219 California Mechanical Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.040.
A. Section 104.5 “Fees” is amended to read as follows:
104.5 Permit fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 202219 CBC Section 109.
B. Section 104.4.3 “Expired Permits” is hereby is amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 202219 California Building Code as amended by the City of Santa Barbara in Section
22.04.020
C. Section 107 “Board of Appeals” is hereby is amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section
22.04.020.
SECTION 6. Section 22.04.050 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.50. Amendments to the California Electrical Code.
The 202219 California Electrical Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.050.
50 A. Article 90.4.1 added to read as follows:
90.4.1 Administration. This code shall be administered in accordance with Chapter 1 of the 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
SECTION 7. Section 22.04.060 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.60 Amendments to the 202219 California Green Building Standards Code The 202219 California Green Building Standards Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.060.
A. Section 4.304.2 “Fountains” is added to read as follows:
4.304.2 Fountains. All residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, shall not exceed a total water surface area of twenty five square feet.
B. Section 5.304.7 “Fountains” is added to read as follows:
5.304.7 Fountains. All non-residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, total water surface area shall not exceed twenty five square feet.
SECTION 8. Section 22.04.070 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is adopted to read as follows:
22.4.70 Amendments to the 202115 International Property Maintenance Code The 202115 International Property Maintenance Code, as adopted by reference pursuant to this Chapter, is amended as set forth in this Section 22.04.070.
A. Section 101.1 “Title” is amended to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Santa Barbara, hereinafter referred to as “this code”.
B. Section 101.2 is amended to add the following exception:
Exception: Where this Code conflicts with the State Housing Law beginning in State Health and Safety Code Section 17910, the requirements of the State Housing Law shall govern.
51 C. Section 103.1 is amended to read as follows:
103.1 General. The City Building and Safety Division unit is hereby appointed to enforce this code. The City’s Chief Building Official will serve as the Code Official.
D. Sections 103.2 -103.35 are deleted without replacement.
Section 107 “Means of Appeal” is amended to read as follows:
107 Means of Appeal. Appeals of orders, decisions, or determinations made by the Code Official shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
E. Section 108 “Board of Appeals” is amended to read as follows:
108 Board of Appeals. The Board of Appeals shall be in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
F. Section 110.4 “Failure to Comply” is amended to read as follows:
110.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, may be assessed a citation as outlined in Santa Barbara Municipal Code Section 1.25.
DG. Section 111.1 108.1 “Unsafe ConditionsGeneral” is amended to read as follows:
111.1 108.1 General Unsafe Conditions. When a structure or equipment is found by the Code Official to be unsafe, unfit for human occupancy, or unlawful, such structure or equipment shall be placarded pursuant to section 111.7 108.4 of this code.
H.Section 111.3 “Record” is amended to read as follows:
1 1 1 . 3 Record.Official records associated with a violation that is subject to the application of this code shall be retained by the City.
DI. Section 111.7 108.4 “Placarding” is amended to read as follows:
111.7 108.4 Placarding. Pursuant to conditions found in sections 111.1.1, 111.1.2, 52 111.1.3, and 111.8 of this code, the Code Official shall post, on the subject premises, structure or equipment a placard stating either “Unsafe” or “Limited Entry”. Such placard shall include the penalty for violating the conditions of the placard and reference to the appeals process of section 113 of 202219 California Building Code as amended by the City of Santa Barbara in Section 22.04.020 of this Code.
GJ. Section 111.9 108.6 “Restoration or Abatement” is amended to add the following exception:
Exception: Similar to the State Public Resources Code 5028:
(a) No structure that is listed on the National Register of Historic Places, on the California Register of Historic Places, or on any local public register of historic places, and that has been damaged due to a disaster, including, but not limited to, an earthquake, fire, or flood, may be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical values, unless the structure presents an imminent threat to the public of bodily harm or of damage to adjacent property. (b) The City’s Building & Fire Code Board of Appeals and the City’s Historic Landmarks Commission, shall hold a joint meeting, to determine whether a structure meeting the requirements set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the total cost of rehabilitating or reconstructing the structure, the structure’s historical significance, and any other factor deemed to be relevant. In making that determination, the recommendation of a City certified historic preservation expert shall be considered. A determination should be issued no later than 30 days after the meeting..
H. Section 108.7 “Record” is amended to read as follows:
108.7 Record. Official records associated with a violation that is subject to the application of this code shall be retained by the City. 53 . Section 111 “Means of Appeal” is amended to read as follows:
111 Means of Appeal. Appeals of orders, decisions, or determinations made by the Code Official shall be addressed in accordance with the provisions of Section 113 of the 2019 California Building Code as amended by the City of Santa Barbara in Section
22.04.020.
J. Section 112.4 “Failure to Comply” is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, may be assessed a citation as outlined in Santa Barbara Municipal Code Section 1.25.
K. Section 302.4 “Weeds” is amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12”. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
L. Section 304.14 “Insect Screens” is amended to read as follows:
304.14 Insect screens. Regardless of the season of the year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fittings screens of minimum 12 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
M.Section 602.2 “Residential Occupancies” is amended to read as follows:
602.2 Residential Occupancies. Regardless of the season of the year, dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68ºF (20ºC) in all habitable rooms. Cooking appliances shall not be used, nor shall 54 portable unvented fuel-burning space heaters be used, as a means to provide required heating.
N.J. Section 602.3 “Heat Supply” is deleted without replacement.
O.K. Section 602.4 “Occupiable Work Spaces” is deleted without replacement.
SECTION 9. Section 22.04.080 of Chapter 22.04 of Title 22 of the Santa Barbara Municipal Code is deleted without replacement.
SECTION 10. Whenever in this Ordinance or in any of the codes adopted by reference hereby, another code or publication of standards or of rules or regulations is referred to, such reference shall incorporate and adopt by reference such other codes, standards or rules or regulations as part of this ordinance. A copy of said primary and secondary codes are on file and shall be maintained for public inspection by the Chief Building Official as provided in Title 5, Division 1, Part 1, Chapter 1 of the California Government Code while this Ordinance is in force.
SECTION 11. Ordinance Number 59195780 repealed upon the effective date of this ordinance.
SECTION 12. The provisions of this ordinance shall take effect at 12:01 a.m. on January 1, 2023.
1 ORDINANCE NO. ____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
BARBARA AMENDING CHAPTER 8.04 OF THE MUNICIPAL
CODE AND ADOPTING BY REFERENCE THE 2021 EDITION
OF THE INTERNATIONAL FIRE CODE, INCLUDING
APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, AND
H OF THAT CODE, AND THE 2022 CALIFORNIA FIRE CODE
WITH LOCAL AMENDMENTS TO BOTH CODES.
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
Climatic Conditions
A. The City of Santa Barbara is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry winds, ("Sundowners") which may reach speeds of 60 m.p.h. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. In addition, the high winds generated often cause road obstructions such as fallen trees. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires. In addition to directly damaging or destroying buildings, these fires also disrupt utility services throughout the area. The City of Santa Barbara and adjacent front country have a history of such fires, including the 1990 Painted Cave Fire and the 1977 Sycamore Canyon Fire. In 2007, the City was impacted by the back country Zaca Fire and by the Gap fire in 2008. The Tea Fire destroyed over 150 homes within the City in November of 2008 and the Jesusita Fire destroyed homes and property in much of the Santa Barbara front country in May of 2009. In 2017, the Thomas Fire burned into the eastern part of the City which was followed by the catastrophic 1/9 Debris Flow in 2018, which affected Montecito and the Coast Village Road area of Santa Barbara, causing millions of dollars in damage and taking twenty-three lives.
B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Fire Department's ability to respond to a fire or emergency condition. When heavy rainfall follows a significant wildfire in the foothills, as in the Thomas Fire, the potential for flash floods, slides and debris flows is great. Such events may disrupt access, egress and utility services to buildings and facilities within the City.
C. Water demand in this area challenges the quantity supplied by natural precipitation and, although the population continues to grow, the already-taxed water supply does not. The estimated population of California in 2006 was more than 36 million people. The state is projected to increase in population by nearly 10 million by the year 2030, with 50 percent of that growth centered in Southern California. Due to storage 2 capacities and consumption, and a limited amount of rainfall, future water allocation may not be fully dependable in many areas of the state. The City's core area continues to become more concentrated, with new multi-storied mixed-use structures whose occupants, along with the structures themselves, could be vulnerable to uncontrolled fires due to lack of available water. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems also reduce the use of water for firefighting by extinguishing fires at an early stage.
Climatic conditions also necessitate the implementation of additional measures to control the threat of overgrown vegetation in the wildland urban interface areas, commonly referred to as the high fire hazard areas of the City.
Topographical Conditions:
A. Natural slopes of 15 percent or greater generally occur throughout the foothills of Santa Barbara, especially in the High Fire Hazard areas such as the Foothill and Extreme Foothill zones. With much of the populated lower elevation areas already built upon, future residential growth is and will continue to occur on steeper slopes and in areas with greater constraints in terrain such as the Foothill and Extreme Foothill zones. Geographic and landuse constraints throughout the city have resulted in greater density along with a large number of mixed use projects, combining residential with commercial occupancies.
B. Traffic and circulation congestion is an ongoing problem throughout the region.
Traffic flow in and through Santa Barbara is limited by the transverse Santa Ynez Mountains, which provide limited passage to the north, and the Pacific Ocean to the south. The narrow corridor that Highway 101 occupies is subject to traffic delays under normal conditions and emergency events can render the highway impassable. This has the double effect of preventing traffic from leaving the City and potentially preventing emergency workers, who often live out of town, from entering. This condition existed for several days during the La Conchita slide in 2005 and it disrupted the return of City workers who live in the Ventura area.
At various times in the City's history, Highway 101 has also been closed north of the City due to mudslides, fires and flooding. The most recent and most disastrous example of this effect was the closure of both Highway 101 & 192, as well as numerous surface streets, during the 1/9 Debris Flow in 2018.
In addition, roads inthefoothills are narrow, often steep and vulnerable toemergency conditions. Some of the older roadways are below current access standards and pose challenges to responding emergency vehicles, especially fire engines. These challenges are exacerbated in the event of an evacuation, particularly in the Foothill and Extreme Foothill zones.
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.
3 Geological Conditions:
The City of Santa Barbara region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Known faults in the city include the Lavigia, North Channel Slope, Mesa and Mission Ridge-More Ranch faults. Additional faults near the city would also be capable of disruption of services, including fire protection. The Southern California Earthquake Center predicts that there is an 80-90% probability of a magnitude 7.0 earthquake somewhere in Southern California before the year 2024. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.
A. Previous earthquakes 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. The October 17, 1989, Loma Prieta earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. In addition to gas mains, individual gas and electric service connections to residences may provide both fuel and ignition sources during a seismic event. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants.
B. Road circulation features located throughout Santa Barbara also make amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, particularly in the Foothill and Extreme Foothill zones, slopes, street and storm drain design accompanied by occasional heavy rainfall, cause roadway flooding and landslides and at times may make an emergency access route impassable, as they did in the 1/9 Debris Flow. Much of the City's foothill area, including Mountain Drive and Sycamore Canyon, are located in areas subject to geologic activity, as witnessed by the recent long term closure of Sycamore Canyon Road due to the slide potential.
The climatic, topographical, and geological conditions described above make it prudent to rely upon automatic fire sprinkler systems and other fire protection measures to mitigate extended fire department response times. Automatic sprinklers, mixed use notification signs, fire alarms and other measures specified in this Ordinance are intended to lessen life safety hazards and keep fires manageable with potentially reduced fire flow (water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Santa Barbara City Fire Department. As California is subjected to the ongoing effects of climate change, local changes to climatic, topographic and geological conditions will likely pose a greater threat to disruption of services and loss of life and property.
4 SECTION 2. Section 8.04.010 of Chapter 8.04 of Title 8 of the Santa Barbara Municipal Code is amended to read as follows:
8.04.010 Adoption of International Code by Reference.
Subject to the amendments specified in Section 8.04.020 of this Code, The International Fire Code, as published by the International Code Council (2021 Edition), including Appendix Chapter 4 and Appendices B, BB, C, CC and H; The 2022 California Fire Code (Title 24, Part 9 of the California Code of Regulations); and all standards and secondary codes referenced in said codes are adopted by reference and shall beknown as the City of Santa Barbara Fire Code.
Said codes and any standards and secondary codes adopted by reference and the amendments therein, are on file and available for public inspection in the office of the City Clerk.
SECTION 3. Section 8.04.020 of Chapter 8.04 of Title 8 of the Santa Barbara Municipal Code is amended to read as follows:
8.04.020 Amendments to International Fire Code.
In response to local climatic, geological and topographical conditions, The 2021 International Fire Code and the 2022 California Fire Code, as adopted by reference by in Section 8.04.010, are amended as follows:
A. Section 103 is hereby renamed: Fire Prevention Bureau and is amended as follows:
[A] 103.1 General. The Fire Prevention Bureau is established in the jurisdiction under the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code.
[A]103.3.1 Fire prevention bureau personnel and police. The fire code official and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code. When requested to do so by the fire chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.
B. Section 104.11 "Fire investigations" is amended to read as follows:
[A] 104.11 Fire investigations. The fire code official is authorized to investigate promptly the cause, origin and circumstances ofevery fire, explosion or other hazardous condition occurring in the jurisdiction. In addition, the fire code official is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials in the jurisdiction. If it appears to fire code official that such incidents are of suspicious origin, the fire code official is authorized to take immediate charge of all physical evidence relating to the cause of the fire, explosion, hazardous condition, or release and is authorized to pursue the investigation to its conclusion. [A]104.11.1 Assistance from other agencies. Police and other enforcement agencies are authorized to assist in the investigation of fires when requested to do soby the fire code official.
C. Section 111 "Board of Appeals" is deleted in its entirety without replacement.
D. Section [A] 112.4 "Violation penalties" is amended to read as follows:
[A] Section 112.4 Violation penalties. Persons who violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, 5 repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor. Penalties shall be as prescribed by state law and local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E. Chapter 1, Division II of the International Fire Code is amended by adding Section 115 "Building and Fire Code Board of Appeals" to read as follows:
115.1 Board of Appeals.
In order to provide technical Code advice to the City's Building Official and fire code official, and to hear and decide appeals of orders, decisions or determinations made by the fire code official or Building Official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Building and Fire Code Board of Appeals. This Board consists of 7 members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building and Fire Code Board of Appeals shall be appointed by the City Council and shall hold office on 4-year terms, without limit, at its pleasure. The Board is not empowered to waive requirements of the State Title 24 Codes.
The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official or Building Official.
115.1.1 Alternatives. The Board may consider any alternate provided that it finds that the proposed design, material, method, or work offered is, for the purpose intended is approvable per Section 104.11 ???? of this Code. The Board shall have no authority to waive the requirements of the applicable Code.
115.1.2 Appointments. The City Council shall appoint qualified individuals to an eligibility list. Appeals shall be scheduled before 7 members, provided that at least 3 members are physically handicapped when hearing items involving Chapter 11s 11A and 11B of the California Building and Fire Code.
115.1.3 Quorum. For other than appeals and ratifications relative to Chapter 11, it shall take a quorum of 5 members to hear an appeal and majority vote of the Board convened to sustain an appeal. Appeals and ratifications relative to the enforcement of Chapter 11, at least 2 of the Board members hearing the item must be physically disabled. (Ref: State Health & Safety Code, Section 19957.5)
115.1.4 Chairperson. The chairperson shall be selected annually by the convened Board. The chairperson shall maintain order and conduct the meeting in accordance with the California Brown Act. Section 113.1.7.
115.1.5 Meetings. The Board shall meet when needed to hear an appeal or when needed to transact business of the Board. Either the Building Official or the fire code official or their designee shall act as Secretary of the Board.
115.1.6 Board Decisions. The decision of the Building and Fire Code Board of Appeals shall be final on all matters of appeals and shall become an order to the Appellant, Chief Building Official or fire code official as may be appropriate. 115.1.7 Procedural Rules. Appeal hearings shall be conducted substantially in accordance with the following format:
1. Any person may appeal a decision of the Building Official or fire code official by filing a written appeal with the Building Official or fire code official within 10-days of the issuance of the written decision. The notice of appeal shall state the grounds for the appeal.
6 2. No notice of appeal shall be accepted unless the notice is accompanied by the fee specified by resolution of the City Council.
3. Unless agreed to otherwise by the appellant and the Building Official or fire code official, all appeals shall be heard not less than 10-days and not more than 60-days from the date on which the Building Official or fire code official receives the written appeal.
4. The filing of a timely appeal with the Building Official or fire code official shall place a stay on further enforcement of the specific matter appealed, except for instances of immediate danger to life or property.
5. The Chairperson shall call the meeting to order.
6. The Chairperson shall note the Board members present for the minutes.
7. The Chairperson shall recognize the Building Official or fire code official for presentation of the appeal. The Building Official or the fire code official shall read his/her recommendation to the Board.
8. The Chairperson shall recognize the Appellant for presentation of rebuttals.
9. All witnesses must be called by either the Appellant or the Building Official or the fire code official and may be questioned as permitted by the Chair of this Board.
10. The Board may entertain comments from the public.
11. The Board may affirm, deny, or amend the decision of the Building Official or the fire code official.
12. The Board shall issue its decisions in writing and shall include a statement of the decision appealed, the decision of the Board and the findings made by the Board in reaching their decision.
13. The Chairperson shall adjourn the meeting at the end of business.
14. The Secretary shall prepare minutes for the record and shall serve as custodian of case records and said minutes.
15. This Board shall serve as the appeals boards defined in Section 1.8.8 and 1.9.1.5.
F. Chapter 3 of the International Fire Code is amended as follows:
307.1.1 Prohibited open burning. Opening burning that is offensive or objectionable because of smoke emissions or when atmospheric or local circumstances make such fires hazardous shall be prohibited.
1. Section 308.1.4 is deleted without replacement.
2. Section 308.1.4.1 is amended to read as follows:
7 Section 308.1.4.1 Liquefied-petroleum gas fueled cooking devices. LP gas burners having an LP gas container with a water capacity greater than 25 pounds (5 Gallon) shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exception: One and two-family dwellings.
317.1 Rooftop Gardens and Landscaped Roofs. Rooftop gardens and landscaped roofs, also known as vegetated roofs, are prohibited in the High Fire Hazard areas.
G. Chapter 4 of the International Fire Code is deleted in its entirety without replacement.
H. Section 503 "Fire Apparatus Access Roads" is deleted in its entirety and readopted to read as follows:
503.1 Where Required. Fire Department access roads shall be provided and maintained in accordance with Sections 503.1.1and 503.1.3 503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus toads shall comply with the requirements of this section and shall extend to within 150 feet of (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler system and installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus Roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternate means of fire protection is provided. 503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of the terrain, climatic conditions or other factors that could limit access.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. If a fire apparatus access road serves three or fewer single-family residential units, the required width may be reduced to not less than 16 feet (4879 mm) upon the approval of the fire code official.
503.2.2 Authority. The fire code official is authorized to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Such fire apparatus access roads shall be capable of supporting 60,000 pounds and shall be constructed of approved materials.
503.2.4 Turning radius. The turning radius of roadways shall be no less than 70 feet in diameter measured from outer edge to outer edge. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 300 feet in length shall be provided with approved provisions for the turning around of fire apparatus. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed a 16 % grade.
503.2.7.1 Cross-slope. The cross-slope gradient shall not exceed 6%. 503.2.8 Angle of Approach and Departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus.
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. The minimum required widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates and other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways.
Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. 503.5.1.1 Vehicle obstruction. Entrances to roads, trails, or other access ways that have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed by parked vehicles, except for public officers acting within their scope of duty. 503.5.1.2 Closure of access ways. Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner except when authorized by the fire code official or by public officers acting within their scope of duty.
503.5.2 Fences and Gates. School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet 8 9
(0.28m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15240 mm) from school buildings.
Every public and private school shall conform to Section 32020 of the Education Code.
I. Section 505 "Premises Identification" is amended to add Sections 505.1.1 and 505.3 to read as follows:
505.1.1 Mixed Use Occupancy Identification. Mixed use occupancy notifications signs shall be provided according to Municipal Code 8.04.030 (B). 505.3 Directory. For complexes and large buildings, an approved directory or premise map may be required at a location determined by the fire code official.
J. Section 507 "Fire Protection Water Supplies" is deleted in its entirety and readopted to read as follows:
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Prior to development of a project, the fire code official may require the flow testing of fire hydrants adjacent to the proposed development in order to determine adequacy of fire flow.
507.2 Type of Water Supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required flow.
507.2.1 Private fire service mains. Private fire service mains and appurtenance shall be installed in accordance with NFPA 24.
507.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.
507.3 Fire Flow. Fire Flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B. For the purposes of this section, an "approved water supply" shall mean the following:
1. Residential Requirement. All residential buildings containing ten (10) or less dwelling units shall be served by a fire flow of 750 gpm at a residual pressure of 20 psi when flowing. Fire-flow requirements may be modified downward by the fire code official for isolated buildings or the installation of approved fire protection devices, but in no case shall the fire flow be less than 500 gpm at a residual pressure of 20 psi. Residential buildings containing eleven (11) or more dwelling units shall be served by fire flows in compliance with the commercial requirements below.
2. Commercial Requirement. A fire flow of 1,250 gpm at a residual pressure of 20 psi when flowing will be required.
507.4 Water Supply Test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official or approved documentation of the test shall be provided to the prior to final approval of the water supply system.
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.1 through 507.5.6 or Appendix C of the International Fire Code. 507.5.1 Where Required, Commercial. Acommercial hydrant toSantaBarbara City standards must be located within 300 feet of all portions of a facility or building as measure by an approved route around the exterior ofthe facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdictionis more than 300 feet from a hydrant on a fire apparatus road, as measured by an approved 10 route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.1.1 Where Required, Residential. For Group R-3, Group U and Group R-2 occupancies containing ten (10) or less dwelling units, a residential hydrant to Santa Barbara City standards must be located within 500 feet of all portions of a facility or building as measure by an approved route around the exterior of the facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdiction is more than 500 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.2 Inspection, Testing and maintenance. Fire hydrant systems shallbe subject to such periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective.
Additions, repairs, alterations and servicing shall be in accordance with approved standards. 507.5.3 Private fire service mains and water tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Title 19 California Code of Regulations Chapter 5.
507.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
507.5.6 Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.
K. Section 903.2 "Where required" is amended to add Section 903.2.22 to read as follows:
903.2.22 Local Requirements. Approved automatic sprinkler systems shall be installed throughout buildings and structures as specified elsewhere in this Section 903.2 or as specified in this Section 903.2.22, whichever is more protective. 903.2.22.1 New Buildings, Generally. The construction of a new building containing any of the following occupancies: A, B, E, F, H, I, L, M, R, Sor U.
Exceptions: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. A new building containing a U occupancy that is constructed outside the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 5000 square feet of floor area.
903.2.22.2 NewBuildings intheHighFireHazardArea. The construction of any new building within the City's designated High Fire Hazard Area.
Exception: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. 11 903.2.22.3 Additions to Buildings Other than Single Family Residences. The addition of floor area to an existing building that contains any occupancy other than Group R, Division 3.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition allowed under this exception will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.22.4.
903.2.22.4 Remodels of Buildings Other than Single Family Residences. The remodel or alteration of the interior of an existing building that contains any occupancy other than Group R, Division 3, where the floor area of the portion of the building that is modified or altered exceeds 50% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 50% threshold measured against the floor area of the building. It shall be the responsibility of the building owner to install the sprinkler system throughout the building when the threshold has been exceeded.
Exception: Nothing in this section shall prevent the building owner from negotiating a written agreement with the tenant or tenants for allocating the cost of the sprinkler system in any proportion.
903.2.22.5 Change of Occupancy to a Higher Hazard Classification. Any change of occupancy in an existing building where the occupancy changes to a higher hazard classification.
Exception: For purposes of sprinklers only, the higher hazard classification will not be deemed to include low hazard assembly occupancies of 75 occupants or fewer. 903.2.22.6 Computation of Square Footage. For the purposes of this Section 903.2.19, the floor area of buildings shall be computed in accordance with the definition of "Floor area, Gross" provided in Section 1002.1 of the California Building Code. 903.2.22.7 Existing use. Any existing building not classified as Group R, Division 3, in existence at the time of the effective date of this code may have their use continued if such use was legal at the time. Additions to existing buildings shall require an automatic fire sprinkler system installed throughout, including areas not previously protected.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.22.8 Exceptions and Modifications. Where hardship or substantial difficulty make strict compliance with a sprinkler section impractical, the fire code official is authorized to grant exceptions or modifications on an individual basis, pursuant to Section 104.8.
L. Section 907 "Fire Alarm and Detection Systems" is amended to add Section 907.2.30 to read as follows:
907.2.30 Mixed Use Occupancies. Where residential occupancies are combined with commercial occupancies, a fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection 12 throughout the commercial and common areas. In addition, a notification system shall be installed in a manner and location approved by the fire code official that indicates the presence of residential dwelling units in accordance with Municipal Code Section 8.04.030 B.
M. Section 4901 "General" is amended to read as follows:
Section 4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter.
In addition, this section is intended to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in Wildland Urban Interface Areas (WUI). The WUI is defined by the City of Santa Barbara Community Wildfire Protection Plan (CWPP), formerly the Wildland Fire Plan, and includes, but is not limited to, areas defined by the State of California as Very High Fire Hazard Severity Zones (VHFHSZ). Future revisions and updates to the City CWPP shall be incorporated into this Code by reference as best practices, whether or not adopted as mandatory code sections.
Section 4901.2 Purpose. The purpose of this code is to provide minimum standards to increase the ability of a building to resist the intrusion of flame or burning embers being projected by a vegetation fire and contributes to a systematic reduction in conflagration losses through the use of performance and prescriptive requirements. In addition, the purpose of this code is to prevent the occurrence of fires and to provide adequate fire- protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in the Wildland Urban Interface Area.
Section 4901.3 Policy. The policy direction for the City of Santa Barbara Wildland Urban Interface Area is established by the City of Santa Barbara Wildland Fire Plan, approved by City Council in January of 2004 and formally recognized as the CWPP in 2011.
N. Section 4902 "Definitions" is amended to add the definitions of "Spark Arrester'', "Tracer'', and "Tracer Charge" and to amend the definition of "Wildland-Urban Interface Fire Area" to read as follows:
Spark Arrester is defined as a device constructed of non-flammable materials specifically for removing and retaining carbon and other flammable particles over 0.0232 inches in size from the exhaust flow of an internal combustion engine operated by hydrocarbons.
Tracer is any bullet or projectile incorporating a feature which marks or traces the flight of said bullet or projectile by flame, smoke or other means which result in fire or heat.
Tracer Charge is any bullet or projectile incorporating a feature designed to create a visible or audible effect by means which result in fire or heat and shall include any incendiary bullets and projectiles.
Wildland-Urban Interface Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The CWPP outlines the Wildland Urban Interface Area within the City of Santa Barbara's local jurisdiction.
For purposes of this code, Wildland Urban Interface Area and High Fire Hazard 13 Area are interchangeable. Future updates and revisions to the City High Fire Hazard Area maps shall be incorporated by reference.
0. Section 4903 "Plans" is amended to read as follows:
4903.1 General. When required by the fire code official, a fire protection plan shall be prepared for parcels within the High Fire Hazard Area.
4903.2 Content. The plan shall be based on site specific wildfire hazard and risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building construction and fire-resistance factors, fire protection systems and equipment, evacuation, defensible space and vegetation management. The plan shall also address any off site factors listed above that affect the project area. 4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire code official.
P. Section 4904 "Fire Hazard Severity Zones" is amended to add Section 4904.1.1 to read as follows:
4904.1.1 Local Land Classification. Lands in the local jurisdiction are classified by the Fire Code Official in accordance with the City of Santa Barbara.
Q. Section 4906 "Hazardous Vegetation and Fuel Management" is amended to add Section 4906.1.1 to read as follows:
4906.1.1 General. The City of Santa Barbara CWPP identifies vegetation management areas that pose an increased threat to the community during a wildland fire.
Within these areas the fire code official has the authority to work with property owners to reduce the amount of flammable vegetation outside the defensible space areas. These areas include both City and Private lands. Standards for vegetation management are specified in the City CWPP.
4906.1.2 Flammable Vegetation. Vegetation installed without an approved landscape plan shall be removed if in the opinion of the fire code official, it is capable of being ignited and endangering property
4906.3 New Development. New developments in the High Fire Hazard Area must submit Landscape Plans for review by the fire code official. Landscaping shall meet the High Fire Hazard Area Defensible Space Requirements outlined in the City of Santa Barbara CWPP. All landscape plant species must be fire resistant as described in the CWPP High Fire Hazard Area Landscape Requirements.
R. Section 4907 "Defensible Space" is amended by adding the following:
4907.1.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall follow defensible space requirements outlined in 4907.1 through 4907.11. For purposes of this section, defensible space requirements shall apply to persons owning, leasing or controlling land with hazardous vegetation that is within the required defensible space of structures on adjacent properties. 4907.3 Distance Requirements: Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 to 150 feet 14 of such buildings or structures as outlined in the following zones;
1. Coastal Interior 30 to 50 feet brush clearance from structures
2. Coastal 50 to 70 feet brush clearance from structures
3. Foothill 100 feet brush clearance from structures
4. Extreme Foothill 150 feet brush clearance from structures Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers do not have to be removed, provided they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
4907.4 Chimney Clearance. Remove portions of trees which extend within 10 feet (3048 mm) of the outlet of a chimney.
4907.5 Overhanging Trees. Maintain trees adjacent to or overhanging a building free of deadwood.
4907.6 Vines and Climbing Ornamental Plants: Existing vines and climbing plants attached to structures must be maintained in a well-watered condition, free of excessive dead material and trimmed to minimize fire propagation. 4907.7 Roof Debris. Maintain the roof and gutters of a structure free of leaves, needles or other dead vegetation.
4907.8 Additional Clearance Requirements. Within any High Fire Hazard Area additional brush clearance may be required on slopes greater than 30%. Slopes ranging between 30 and 40 % slope may require 200 feet clearance. Slopes ranging from 41 to 60% may require 250 to 300 foot clearance.
4907.9 High Fire Hazard Area Fire Safe Landscaping. All parcels in the High Fire Hazard Area must meet defensible space requirements as outline in 4907.1.
Defensible space requirements can be met though fire safe landscaping in accordance with The City of Santa Barbara CWPP High Fire Hazard Area Defensible Space and Landscape Requirements.
4907.10 Vegetation Road Clearance. The owner, occupant or other person in control of any real property (vacant or developed) in, upon, or adjoining hazardous fire areas, and the owner, occupant or other person in control of real property adjacent to such property shall:
1. Maintain an area cleared of flammable vegetation and other combustible growth for a distance of 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used forvehicular traffic.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided they do not form a means of readily transmitting fire.
2. Maintain an area cleared of all overhanging vegetation for a vertical clearance of not less than 13 feet 6 inches within the full portion of highways andprivate streets which are improved, roadway and one foot (1 foot) on each side from the edge of the drivable roadway.
4907.11 Unusual Circumstances. If the fire code official determines that difficult terrain, danger or erosion or other unusual circumstances make strict compliance with the 15 clearanceofvegetationprovisionsofSections4907undesirableorimpractical,enforcement thereof may be suspended and approved alternative measures shallbeprovided.
S. Section 4908 "Trespassing On Posted Property" is added to Chapter 49 to read as follows:
4911.1 General. When the fire code official determines that a specific area within the High Fire Hazard Area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure.
Such areas shall be posted as hereinafter provides.
4911.2. Signs. Approved signs prohibiting entry by unauthorized persons and referring to Section 4908.1 shall be placed on every closed area pursuant to this section. 4911.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
4911.4 Tampering With Fire Department Locks, Barricades And Signs Locks, barricades, seals, cables, signs and markers installed within the High Fire Hazard Area, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked.
T. Section 4912 "Ignition Sources" is added to Chapter 49 to read as follows:
4912.1 General. Control of ignition sources in the High Fire Hazard Area shall be in accordance with 4912.1 through 4912.13.
4912.2 Smoking. Lighting, igniting or otherwise setting fire to or smoking as defined in Title 9 of the Santa Barbara Municipal Code in public places in the High Fire Hazard Are is prohibited.
4912.3 Spark Arresters. Chimneys used in conjunction with fireplaces, barbeques or heating appliances in which solid or liquid fuels is used, upon buildings, structures or premises located within 200 feet of the High Fire Hazard Area, shall be provided with a spark arrestor constructed with heavy wire mesh or other non-combustible material with openings not to exceed 1/4 inch.
4912.4 Suppression Equipment for Gasoline-Fueled Internal Combustion Engines-Off Road Vehicles. No person shall use or operate any internal combustion engine which operates on hydrocarbon fuels on any forest, brush, or grass covered land without providing, and maintaining in good working order, a spark arrester attached to the exhaust system, except for motorcycles, vehicles equipped with a muffler as defined by the California Vehicle Code, such as motor trucks, truck tractors, buses, and passenger vehicles are not subject to the provisions of this section. Spark arresters affixed to the exhaust of engines shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
4912.5 Suppression Equipment For Gasoline-Fueled Internal Combustion Engines-Tools. No person shall use or operate any portable saw, auger, drill, tamper or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest, brush, grass covered land, within 25 feet from any flammable material without providing at the immediate location a round point shovel or a 2A 10 BC fire extinguisher. 16 The above tools shall at no time be farther than 25 feet, with unrestricted access, from the operator to the point of operation.
4912.6 Tracer Bullets, Tracer Charges, Rockets And Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across wildland urban interface areas. Rockets, model airplanes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across the wildland urban interface area.
4912.7 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon the High Fire Hazard Area except by permit from the fire code official.
4912.8 Open Flame Devices. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon the High Fire Hazard Area except by permit from the fire code official.
Exception: Use within habited premises or designated campsites which are a minimum of 30 feet from grass, grain, brush or forested areas.
4912.9 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon, the High Fire Hazard Area, except by permit from the fire code official. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon the High Fire Hazard Area under the following conditions:
1. When high winds are blowing;
2. When a person age 17 or over is not present at all times to watch and tend fire;or
3. When the fire code official declares a Red Flag Warning. 4912.10 Outdoor Fireplaces and Barbeques. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. Permanent barbeques outdoor fireplaces, portable barbeques and grills shall be a minimum of 30 feet from grass, grain, brush or forested areas, maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen, or door.
Exception: When approved, unprotected openings in barbeques and grills necessary for proper functioning.
4912.11 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon the High Fire Hazard Area or in, upon or along trails, roadways or highways in the High Fire Hazard Area.
Exception: Approved public and private dumping areas.
4912.12 Disposal Of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon the High Fire Hazard Area.
Exception: (1) In the hearth of an established fire pit, camp stove or fireplace, (2) In a noncombustible container with a tight fitting lid, which is kept or maintained in a safe location not less than 10 feet from combustible vegetation or structures, (3) Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from combustible vegetation or structures.
4912.13 Use Of Fire Roads And Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire 17 roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.
Exception: Public officers acting within their scope of duty.
U. Section 5601 "General" is amended to add Sections 5601.2, 5601.3, and 5601.4 to read as follows:
Section 5601.2 Explosives and Blasting Agents. Storage of explosives and blasting agents is restricted to the A-I (Airport Industrial) zone.
Section 5601.1.3 Fireworks. The manufacturing, possession, storage, sale, use and handling of fireworks are prohibited in the City of Santa Barbara.
Exceptions:
1. Storage and Handling of Fireworks as allowed in Section 5604.
2. Manufacture, testing and assembly of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.
3. The use of Fireworks for Fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.
Section 5601.7 Seizure: The fire code official is authorized to remove or caused to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this ordinance and Chapter 56.
SECTION 4. Section 8.04.030 of Chapter 8.04 of Title 8 the Santa Barbara Municipal Code is adopted to read as follows:
8.04.030 Fire Prevention Development Standards
A Fire Zone 2. Buildings or portions of buildings constructed within the boundaries of Fire Zone 2, as designated by the fire code official and shown on a map on file with the City Clerk and the Community Development Department, shall provide a ten thousand (10,000) gallon water tank to be used for fire protection purposes only, designed, installed and maintained in a manner approved by the fire code official, incorporating each of the following additional features in its construction:
1. All fire department access complies with the requirements of Section 503 of the International Fire Code (2021 Edition) as amended by this Chapter; and
2. All plantings used for landscaping within one hundred-fifty feet (150') of any structure must be fire resistant; and
3. All native brush, shrubs and grasses are kept cleared to within one hundred-fifty feet (150') of any structure; and
4. Residential fire sprinklers are installed in any building used for sleeping or cooking according to National Fire Protection Association Residential Standards.
B. Mixed Use Occupancy Notification System. Signs shall be installed in a manner and in locations approved by the fire code official indicating the presence of residential dwelling units in buildings of mixed-use occupancy. Required signs shall be clearly visible from the front of the building and conform to the following criteria:
1. All signs shall begin with the letter R followed by a hyphen.
2. R - shall be followed by cardinal numbers denoting the floors containing dwelling units. Example: R-2 denotes dwelling units on the 2nd floor; R-2-3 denotes dwelling units on the 2nd and 3rd floors.
3. Letters shall have a minimum of 4" high with a 1/2" wide stroke.
4. Letters shall contrast to their background.
5. Letters on glass shall be in reflective tape.
6. In the event that dwelling units are added or removed from floors, the required sign shall be updated prior to the occupancy of the altered floor space.
Example:
R-2
SECTION 5. Ordinance Number 5920 is repealed upon the effective date of this ordinance.
SECTION 6. The provisions of this ordinance shall go into effect on January 1, 2023 at 12:01 a.m.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: November 8, 2022
TO: Mayor and Councilmembers
FROM: City Clerk’s Office, City Administrator’s Office
SUBJECT: Interviews for City Advisory Groups
RECOMMENDATION: That Council:
A. Hold interviews of applicants to various City Advisory Groups (Est. time 4:00 p.m.); and
B. Continue interviews of applicants to November 15, 2022. (Est. time 6:00 p.m.) DISCUSSION:
Interviews of applicants for various positions on City Advisory Groups are to be held on November 8, 2022, at an estimated time of 4:00 p.m. Applicants will also have the option to be interviewed on November 15, 2022, at an estimated time of 6:00 p.m.
For the current 65 vacancies, 79 individuals submitted 98 applications. One application has been withdrawn. A list of eligible applicants and pertinent information about the City Advisory Groups is attached. Applicants have been notified that to be considered for appointment they must be interviewed. Applicants have been requested to prepare a two to three minute verbal presentation in response to a set of questions. Those questions are specific to the group for which they are applying. Applicants applying to more than one advisory group may have up to five minutes for their presentation.
Appointments are scheduled to take place on December 6, 2022.
ATTACHMENT: List of Applicants
PREPARED BY: Niko Lopez, Deputy City Clerk
Agenda Item No. 11
File Code No. 140.05
Council Agenda Report
Interviews for City Advisory Groups
November 8, 2022