H.R.1335 Rep. Bruce Westerman (RAR) TAPP American Resources Act This legislation aims to restart onshore
and offshore oil, gas, and coal leasing,
streamline permitting for energy
infrastructure, ensure transparency in
energy development on Federal lands.
Introduced on March 3, 2023 and referred
to the Natural Resources, Agriculture, and
Budget Committees. Placed on the Union
Calendar on March 23rd.
H.R.1347 Rep. Sylvia Garcia (D-TX) D-BLOC Act
This legislation would amend title 49, USC
to limit railroad carriers from blocking
railway-highway crossings.
Introduced on March 3, 2023 and referred
to the House Committee on Transportation
and Infrastructure. Referred to the
Subcommittee on Railroads, Pipelines, and
Hazardous Materials on March 6th.
H.R.1367 Rep. Janice Schakowsky (DIL)
Water System Threat Preparedness and
Resilience Act of 2023
This legislation establishes a program to
increase drinking water and wastewater
system threat preparedness and
resilience.
Introduced on March 3, 2023 and referred
to the Transportation and Infrastructure
Committee. Referred to the Subcommittee
on Water Resources and Environment on
March 6th. Referred to the Subcommittee
on Environment, Manufacturing, and
Critical Materials.
S.115 Sen. Marco Rubio (R-FL) Clean Water Allotment Modernization Act of 2023
This legislation would amend the Federal
Water Pollution Control Act to modify
certain allotments under that Act.
Introduced on January 26, 2023 and
referred to the Committee on
Environmental and Public Works.
S.64 Sen. John Barrasso (R-WY) Water Rights Protection Act of 2023 This legislation would prohibit the
conditioning of any permit, lease, or
other use agreement on the transfer of
any water right to the United States by
the Secretary of the Interior and the
Secretary of Agriculture.
Introduced on January 25, 2023, read
twice, and referred to the Committee on
Energy and Natural Resources.
S.21 Sen. Dianne Feinstein (D-CA) Community Wildlife Protection Act of 2023
This legislation would amend the Healthy
Forests Restoration Act of 2003 to modify
the definition of the term “at-risk
community”.
Introduced on January 23, 2023, read
twice, and referred to the Committee on
Agriculture, Nutrition, and Forestry.
H.R.2419 Rep. Jim Costa (D-CA) Canal Conveyance Capacity Restoration Act
The legislation would authorize a onethird federal cost share for restoring canal capacity. Specifically, it would
authorize $833.4 million for four major
projects, including: $180 million to
restore the Friant-Kern Canal, $183.9
million to restore the Delta Mendota
Canal, $289.5 million to restore the
California Aqueduct, and $180 million to
restore salmon runs on the San Joaquin
River.
Introduced on March 30, 2023 and
Referred to the House Committee on
Natural Resources. Referred to the
Subcommittee on Water, Wildlife, and
Fisheries on May 8.
H.J.Res.27 Rep. Sam Graves (R-MO)
Congressional Resolution of Disapproval
for the Waters of the US Rule issues by
the Army Corps and EPA
This Congressional Resolution of
Disapproval seeks to overturn the ule
submitted by the Department of the
Army, Corps of Engineers, Department of
Defense and the Environmental
Protection Agency relating to the Revised
Definition of “Waters of the United
States”
The House passed the resolution on March
9 by a vote of 227-198. The Senate passed
the resolution on March 29 by a vote of 53-
43. The President vetoed the measure, and
the House failed to override the veto.
H.R. 2811 Rep. Jodey Arrington (R-TX) Limit, Save, Grow Act of 2023 This bill increases the federal debt limit
and decreases spending. It also repeals
several energy tax credits, modifies the
permitting process and other
requirements for energy projects,
expands work requirements for the
Supplemental Nutrition Assistance
Program (SNAP) and other programs, and
nullifies regulations for the cancellation
of federal student loan debt.
Introduced on April 25, 2023, and passed
on April 26 by a vote of 217-215. Referred
to the Senate Committee on the Budget on
May 4.
S. 1521 Sen. Steve Daines The Community & Hydropower
Improvement Act
The Community and Hydropower
Improvement Act bolsters hydropower
production throughout the United
States by streamlining the permitting and
licensing process, increasing tribal
engagement and oversight,
expediting low impact projects,
promoting healthy habitat, and
coordinating federal decision making.
Introduced on May 10, 2023. Read twice
and referred to the Committee on Energy
and Natural Resources.
H.R. 3746 Rep. Patrick McHenry Fiscal Responsibility Act This bill increases the federal debt limit,
establishes new discretionary spending
limits, rescinds unobligated funds, and
expands work requirements for federal
programs.
Introduced on May 29, 2023. Passed house
on May 31. Passed the Senate on June 1,
2023. The President signed into law on
June 3, 2023
S.J. Res. 23 Sen. Cynthia Lummis
A joint resolution providing for
congressional disapproval under chapter
8 of title 5, United States Code, of the
rule submitted by the National Marine
Fisheries Service relating to
"Endangered and Threatened Wildlife
and Plants; Regulations for Listing
Endangered and Threatened Species and
Designating Critical Habitat".
This joint resolution nullifies the final rule
issued by the National Marine Fisheries
Service titled Endangered and
Threatened Wildlife and Plants;
Regulations for Listing Endangered and
Threatened Species and Designating
Critical Habitat and published on June 24,
2022.
Introduced on March 30, and referred to
the Senate Committee on Environment and
Public Works. Passed Senate 51-49 on May
11. Received in the House on May 15.
INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941
MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White and Jean Denton
Date: August 2, 2023
Re: July Monthly Legislative Update
FY24 Appropriations Process Advances
Senate Appropriators moved ten FY24 appropriations bills out of committee in July, making it the first time in five years that the Senate Appropriations Committee has successfully marked up all twelve appropriations bills.
The bipartisan advancement of the bills to the floor comes in sharp contrast to the direction seen in the House, where Republican negotiators have set out to marking up their funding bills at top-line levels much lower than those agreed to as part of a spending cap deal worked out between President Biden and House Speaker Kevin McCarthy (R-CA) earlier this year.
The House’s government-funding bills hit multiple speed bumps shortly before the August recess, as conservatives have threatened to oppose measures heading to the floor and the Appropriations Committee may put off its final markups.
House GOP negotiators announced in June that they would be reverting to the fiscal year 2022 top-line levels for new spending legislation, as conservatives came out against budget caps agreed to as part of the Fiscal Responsibility Act.
The Fiscal Responsibility Act was the product of weeks of intense negotiations between House GOP leadership and the White House to prevent what economists say could have been an unprecedented national default by raising the debt limit — but not without a handful of measures attached aimed at curbing spending to buy Republican support.
Six members of the House Freedom Caucus demanded a more conservative approach to the appropriations process. One member, Rep. Bob Good (R-VA), said Republicans should be open to the possibility of a shutdown. Overall, the final week of July highlighted the difficulty for House Republican leadership to organize support for appropriations measures.
“We should not fear a government shutdown,” Good told reporters, adding that many Americans “won’t even miss it” if the government partially shuts down.
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Freedom Caucus members oppose the use of redirected old funds to pad the top-line spending levels in the House’s appropriations bills, Rep. Ralph Norman (R-SC) said.
The official allocations for the bills add up to $1.47 trillion, around the amount conservatives have sought, roughly even with the fiscal 2022 level. But appropriators have also used rescinded old funds to offset additional spending, to the tune of about $115 billion.
“We want the ‘22 levels, and we want no rescissions, no smoke and mirrors for the American people,” Norman said.
Senate Appropriations Committee Chair Patty Murray (D-WA) and Vice Chair Susan Collins (R-ME) agreed to add $13.7 billion in cap-exempt emergency funds — $8 billion for defense and $5.7 billion for four nondefense bills — to their appropriations bills to address the spending caps set by the debt-limit deal.
The Chair and Vice Chair garnered praise and criticism from both parties when they said they agreed to add $13.7 billion in emergency spending to the annual appropriations bills, going well above the caps set in the debt limit agreement.
Sen. Joe Manchin (D-WV) slammed the deal, calling it “another gimmick” and “just plain wrong.”
Murray pushed back on the notion the additional funds are a rejection of the debt limit deal, saying cap-exempt funds are allowed under the agreement. Emergency funds were also frequently used to go over the spending caps that existed for 10 years following the 2011 debt limit deal.
“There is nothing unusual about this committee working together on a bipartisan basis to provide additional emergency appropriations to meet our most pressing challenges, and it is fully allowed under the debt limit agreement,” Murray said last month.
More than $100 billion now separates the House and Senate government-funding bills, a gap that will make bicameral talks especially challenging ahead of the September 30 deadline to avoid a shutdown.
The divide might get even bigger if House conservatives can insert additional spending cuts into the chamber’s bills. House Republicans failed to hold a vote before the August recess on their Agriculture-FDA appropriations bill as conservatives pushed for more cuts.
Under the bills advanced by the House Appropriations Committee, the EPA and Interior Department would see their budgets slashed by more than one-third in fiscal 2024, with a reduction for many programs the agencies administer, under a bill the House Appropriations panel has drafted.
Recently released legislation proposes $6.2 billion for the EPA, a 39% cut to the current enacted level, and $5.9 billion less than the White House recommended for the agency.
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It would be the lowest level of funding the agency has received via appropriations since 1991, Democrats on the panel said in a press release.
The Interior Department’s budget would be downsized by about 35% under the bill to $14.3 billion, $677 million below the current fiscal year, and $3.4 billion less than President Joe Biden requested.
The Forest Service and the Bureau of Indian Affairs would be the only major agencies included in the annual bill that would receive increases in the year starting Oct. 1.
Appropriators recommended $8 billion overall for the Forest Service, which includes money for wildfire management, a boost of $949 million above current fiscal-year funding. The Bureau of Indian Affairs would get $2.6 billion under the legislation, $141 million above the current level.
The House isn’t scheduled to return until Sept. 12 with a long to-do list that includes passing the remaining 11 annual appropriations bills and reconciling differences with the Senate over the course of just 12 planned workdays that month.
A stop-gap spending bill could also be a tall order, given deep divides on spending and indifference among ultra-conservatives over the effects of a shutdown.
Some of the highlights of Senate Bills approved this month are below:
Energy and Water:
The Energy and Water bill includes nearly $58.1 billion in discretionary funds, about a $3.4 billion increase. It includes $17.3 billion for the Energy Department’s nondefense programs, about a $2 billion increase. It also includes $18.8 billion for weapons activities, a $1.7 billion increase.
That includes a boost for energy-efficiency and renewable-energy programs, which would get nearly $3.7 billion, a $227 million boost. The DOE’s Office of Science would get $8.4 billion, a $330 million increase.
The Army Corps of Engineers would get $8.9 billion for civil works, about a $600 million increase.
The Bureau of Reclamation, meanwhile, would see a slight cut, getting $1.9 billion, about $10 million lower than the current level. The Bureau’s WaterSMART program would be funded at $54.108 million, down from $65 million in the FY23 enacted legislation. The Title XVI program would be funded at $30 million, also down from the $60 million included in the FY23 enacted legislation.
The Senate bill would provide the Bureau of Reclamation $50 million for implementing the Drought Contingency Plan in the Lower Colorado River Basin to create or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin or project to improve the long-term efficiency of operations in the Lower Colorado River Basin, consistent
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with the Secretary’s obligations under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116-14) and related agreements. The legislation also provides $20 million for planning or pre-construction activities related to project for the repair of critical Reclamation canals where operational conveyance capacity has been seriously impaired by factors such as land subsidence, especially those that would imminently jeopardize Reclamation’s ability to meet water delivery obligations in drought prone states.
Interior:
Wildfire Suppression: The bill fully funds essential wildfire preparedness and suppression efforts by providing $4.045 billion for wildfire suppression, of which $2.65 billion is provided in the Wildfire Suppression Operations Reserve Fund. The Reserve Fund provides the Forest Service and Department of the Interior an assured amount of funding to be used when major fire activity requires expenditures exceeding regular base suppression operations funding. The Committee expects this funding level—in addition to carryover balances—will meet the needs for wildfires in fiscal year 2024.
Department of the Interior: The bill provides $15.639 billion in total for the Department of the Interior. This includes $1.499 billion for the Bureau of Land Management, $1.804 billion for the U.S. Fish and Wildlife Service, and $3.457 billion for the National Park Service to protect and manage our federal lands and national parks, conserve and protect wildlife, and more.
Land and Water Conservation Fund (LWCF): The bill allocates $900 million for federal land acquisition and financial assistance to states provided through the LWCF under the Great American Outdoors Act. This program is critical for improving recreational access to our federal lands, protecting iconic landscapes, delivering grants to states and local governments to create and protect urban parks and open spaces, and providing farmers and ranchers with easements to allow them to continue to steward their private lands in the face of development pressures.
Homeland:
Stopping the Flow of Fentanyl: The bill provides $719 million for Customs and Border Protection (CBP)—$649 million more than fiscal year 2023—to improve the detection and seizure of fentanyl and other narcotics at ports of entry with investments in nonintrusive inspection equipment, forward operating labs, and personnel. This funding will increase the percentage of passenger vehicles scanned at ports of entry from 40% to 65%, which is expected to result in an increase of over 6,600 lbs of fentanyl seized and prevented from entering the country since passenger vehicles are the primary means by which fentanyl is brought into the U.S. This funding will also expand CBP’s outbound operations, tripling the number of ports of entry on the southwest border with dedicated outbound capabilities to stop the flow of currency, firearms, and other contraband resulting from the sale of fentanyl from traveling from the U.S. into Mexico.
Federal Emergency Management Administration (FEMA): The bill provides $20.261 billion for the Disaster Relief Fund in fiscal year 2024. It also provides $3.5 billion for grants and training to state, local, Tribal, and territorial entities to help communities
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prepare for, respond to, and recover from both manmade and natural threats, including hurricanes, terrorist attacks, wildfires, and more.
LHHS:
Workforce Development: The bill includes $2.9 billion for Workforce Innovation and Opportunity Act formula grants, protecting essential investments made in recent years.
It provides $290 million for Registered Apprenticeships—an increase of $5 million over fiscal year 2023—and it sustains funding for a range of other programs like the Youth Build, Reentry Employment Opportunities, and Job Corps.
Substance Use Prevention and Treatment: The bill builds upon fiscal year 2023 funding to address the rising toll of opioid overdoses fueled by fentanyl and improve access to substance use disorder treatment and prevention. The bill provides over $5 billion for opioid treatment and prevention, a more than $125 million increase over fiscal year 2023. This includes an additional: $40 million for the Substance Use Prevention, Treatment, and Recovery Services Block Grant; $20 million for the State Opioid Response grants; $10 million for the Rural Communities Opioid Response Program; and $20 million for NIH opioid research programs.
Defense:
Infrastructure: The bill provides $2.1 billion more to upgrade degrading military facilities, including $130 million to make seismic repairs at Navy shipyards, $50 million for the Shipyard Infrastructure Optimization Program, and $1.7 billion for facility sustainment and modernization activities across the services.
Defense Communities: The bill provides $451 million above the President’s budget request to support defense communities, including: $50 million for the Defense Community Infrastructure Program; and $401 million for defense environmental mitigation activities, including PFAS cleanup, aqueous film-forming foam removal and disposal, the Military Munitions Response Program, the Installation Restoration Program, and the Readiness and Environmental Protection Integration program.
House Dems Want Data on Impact of Supreme Court Ruling on Wetlands Protection
Top Democrats on the U.S. House Transportation and Infrastructure Committee asked federal agencies to track possible negative effects from a recent U.S. Supreme Court ruling that limited federal authority to regulate clean water.
Rick Larsen (D-WA), the ranking Democrat on the committee, and Water Resources and Environment Subcommittee ranking member Grace Napolitano (D-CA), expressed concern in a letter to the heads of the U.S. Environmental Protection Agency and Army Corps of Engineers that the Supreme Court’s ruling in May would degrade water quality across the country.
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The court decision struck down the EPA’s definition of waters of the United States, or WOTUS, the term for what waters and wetlands the federal government had authority to regulate under the Clean Water Act.
In a 5-4 opinion written by conservative Justice Samuel Alito, the court’s majority ruled wetlands must have a “continuous surface connection” to navigable waters like streams, lakes, oceans and rivers for federal agencies to have jurisdiction.
That would remove the EPA’s and Army Corps’ power to authorize building and other activity that could threaten the environment and water quality for about half of U.S. wetlands, Larsen and Napolitano wrote to EPA Administrator Michael S. Regan and Assistant Secretary of the Army for Civil Works Michael L. Connor. “In ignoring the [Clean Water Act’s] plain and unambiguous language, as well as almost 5 decades of unbroken, bipartisan protection of the nation’s waterbodies, five members of the Court redefined the Act’s scope to serve their hyper-conservative judicial philosophy,” the lawmakers wrote.
They asked the EPA and Army Corps to “systematically document the individual and systematic impacts” of the decision and listed several areas of data they sought.
The lawmakers asked the agencies to list sites that were no longer subject to federal jurisdiction following the court ruling, and to catalog the potential ecological harms to those areas.
Larsen and Napolitano also asked how the ruling might affect efforts to protect some specific areas, including the Great Lakes, the Chesapeake Bay in Maryland and Virginia, the Everglades wetlands in Florida and the Puget Sound in Washington.
The House members also requested the Corps and EPA provide guidance on how Congress could update clean water laws “to ensure this nation does not lose progress in meeting the goals” of the Clean Water Act following the Supreme Court decision.
The Democrats’ letter comes weeks after leading Republicans on the House panel and the Senate Environment and Public Works Committee sent their own request to federal agencies.
A June 21 letter from House committee Chairman Sam Graves (R-MO) and subcommittee Chairman David Rouzer (R-NC), U.S. Sens. Shelley Moore Capito (RWV), the ranking member on the Senate committee, and Cynthia Lummis (R-WY), the senior Republican on the EPW Fisheries, Water and Wildlife Subcommittee, asked for an update on the EPA and the Army Corps’ plans to revise federal rules following the Supreme Court decision.
The ruling struck down the definitions governing the agencies’ regulations, but the agencies had not yet created new definitions, the Republicans wrote.
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The GOP lawmakers said they were concerned that the Biden administration was stalling in its obligation to conform to the court’s ruling. “In implementing the Court’s decision, the Agencies must adhere to the majority opinion and not slow-walk compliance with the decision,” they wrote.
The lawmakers asked what steps the agencies were taking to implement the court’s decision. The agencies briefed lawmakers on their plans, but have not responded in writing, according to a House committee spokesman.
The Republicans also asked the agency heads to ensure that regional and district offices comply with the court ruling when evaluating environmental analyses and permit applications.
Any delay in implementing the court ruling could slow infrastructure projects, including those funded by the 2021 bipartisan infrastructure law, they wrote. Capito was a leading sponsor of that bill, while Graves, Rouzer and Lummis voted against it.
EPW Holds First Hearing on 2024 Water Bill
Lawmakers on the Senate Environment and Public Works Committee start their inaugural hearing on the 2024 Water Resources Development Act. “As we begin the WRDA process with this hearing, I can’t overstate the importance of collaboration between the Corps and its non-federal partners,” Carper said in prepared remarks. “These partnerships are essential, especially as our nation continues to experience increasingly powerful storms, more devastating floods, and more intense and frequent droughts due to climate change.”
The biennial water resources and civil works bill — one of the few bipartisan bills that Congress reliably enacts biennially — authorizes or modifies construction projects by the Army Corps of Engineers.
Last Congress “we made historic progress in advancing the Corps’ ability to support infrastructure that is vital to commerce and job creation,” Carper’s remarks say. “We still have more work to do. Today’s hearing will allow us to assess the Corps’ progress from prior WRDAs. It will also allow us to determine where and how Congress can assist the Corps with our water resources needs in WRDA 2024.” House Passes Major Aviation Bill with Pilot Retirement Age Boost House lawmakers passed a sweeping aviation bill on July 20 with major policy changes aiming to alleviate air travel woes and boost the workforce.
The House voted 351-69 to approve the Federal Aviation Administration bill (H.R. 3935) that would authorize more than $100 billion for aviation operations, equipment,
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and airports over five years. The bill also includes a contentious increase to the pilot retirement age.
Lawmakers passed the measure — which also seeks to staff up on air traffic controllers, advance drones, and increase funding for airports — after spending hours in debate and adopting dozens of amendments.
“This legislation addresses many of the very concerns that we hear from the flying public,” Rep. Garret Graves (R-LA), chair of the aviation subcommittee, said on the House floor.
Air travel has boomed as more passengers have taken to the skies since the peak of the pandemic, which has led to frustration from consumers and lawmakers over flight disruptions and air traffic controller shortages. House lawmakers also sought to address complaints around backlogs at the FAA in the bipartisan legislation.
The measure also incorporates bills (H.R. 3796) to extend ticket and fuel taxes that support the Airport and Airway Trust Fund and bolster FAA research (H.R. 3559).
The chamber’s action on the bill puts the House ahead of the Senate — which hasn’t advanced its own FAA bill through committee yet. The House bill, which aims to streamline FAA processes and includes the first-ever title focused on general aviation, has secured support from hundreds of groups, including the Chamber of Commerce, Airlines for America, the National Air Traffic Controllers Association, and the Regional Airline Association.
But consumer groups and some Democrats have raised concerns that the legislation doesn’t go far enough to protect flyers, and unions have pushed back against some provisions in the bill, urging lawmakers to remove the increase to the commercial pilot retirement age from 65 to 67.
Changes for Pilots
Commercial pilots would be able to fly for another two years in a contentious provision included in the bill which lawmakers pitched in an effort to bolster the workforce.
Thousands of certified pilots will reach the mandatory retirement age each year over the next two decades, according to the Government Accountability Office.
Some pilots and groups representing regional and low-cost airlines have lobbied Congress for the age boost. But pilot unions have been fiercely opposed to it — arguing that it raises safety concerns and would conflict with international standards.
The House Rules Committee blocked an amendment for consideration that would have removed the retirement age increase from the bill. Rep. Jack Bergman (R-MI), who pushed to remove the provision, said on the House floor that his amendment would have allowed a vote on the “unproductive pilot retirement age changes.”
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“The powers that be that pulled out all the stops to silence dissent and shield the American public from a debate they know they can’t win,” Bergman said.
The White House weighed in, raising concerns about various provisions in the bill — including the pilot age increase.
Pilots’ unions did score a win when the House voted to strip a proposal out of the bill that would have counted more hours in a simulator toward pilot training requirements.
Consumer Protections
The House legislation has a section on bolstering the passenger experience on planes — though it doesn’t go as far as the Senate’s proposal or what the Biden administration wanted.
The bill eases some requirements for airlines to show the total ticket price in advertising. The Biden administration in its concerns said it would push Congress to mandate up-front disclosure of add-on fees, automatic refunds and compensation for flight disruptions that can be controlled, such as staff and schedule changes.
Rep. Rick Larsen (D-WA), ranking member of the House Transportation and Infrastructure Committee, said the bill takes steps to make passengers whole, touting that it would require airlines to have policies on food and hotel expenses for flight disruptions.
“Recent flight cancellations and delays have shaken the confidence of passengers,” Larsen said on the House floor. “To get us back on the right course, the reauthorization requires airlines to create resiliency plans to address mass flight disruptions.” The House measure would also launch a rule to allow an accompanying adult to sit with young children on a plane without charging a fee. The provision is hedged by directing the department not to impose changes in the overall policy for an air carrier that has open or flexible seating.
Amending the Bill
The House sped through adopting a slate of dozens of non-controversial amendments over its two days of votes on the floor — including mandating complimentary water for passengers on planes. Another provision directs the FAA to consider whether in-flight wifi exposes passenger data.
The House also rejected a slew of more controversial proposals in standalone votes, including one proposing to strike funding for the Essential Air Service. In a win for lawmakers in the D.C. area, lawmakers also voted down a highly-debated proposal that would have added more long-distance flights at Reagan National Airport, the closest airport to Capitol Hill.
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Lawmakers voted to adopt provisions to the bill to retrofit planes with secondary barriers to better protect pilots. Another measure would alter reporting directives for the department to provide more detailed information about flight disruption causes.
The amendments also mandate a slew of new watchdog probes to look into recent disruptions, including provisions for the GAO to study flight disruption over the July 4 weekend, flight delays in Northeast airports, pilot shortages and the impact of airline mergers for consumers.
Deadline Looms
The FAA’s current authority expires after the end of the fiscal year on Sept. 30— putting pressure on lawmakers to move quickly on the legislation. The House bill would also reauthorize the National Transportation Safety Board, the independent agency that investigates major transportation crashes.
The legislation would need to be negotiated between the two chambers to move forward.
The Senate stalled on its version of FAA legislation (S. 1939), canceling its original committee markup as senators’ differences over DCA flights and pilot training requirements challenged its path forward.
But House lawmakers have been focused on getting their bill across the finish line in their chamber ahead of the August recess. Outside groups have warned that short-term extensions — which lawmakers often rely on when they can’t come to agreement — would be detrimental to the aviation industry.
“If Congress fails to act on a new long-term aviation measure by September 30th, when the current FAA law expires, key aviation programs will cease to function,” Rep. Sam Graves (R-MO), chairman of the House Transportation and Infrastructure Committee, who sponsored the FAA bill, said on the House floor.
Biden Administration to Split Green Bank Funds Between National and ‘Hub” Organizations
The Biden administration recently announced how it will dole out funds for climatefriendly projects from the Democrats’ Inflation Reduction Act (IRA) — splitting it up between national financing institutions and “hub” nonprofits.
The announcement — which will come during an event in Baltimore with Vice President Harris — is the latest window into how climate funding from the IRA will be spent.
A total of $20 billion which was previously announced as funding to help financial institutions with projects that cut pollution and energy costs will be split up among the two types of projects.
Most of the money, $14 billion, will go toward two or three nonprofit national financing institutions to help pay for climate-friendly technology.
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A press release said that ultimately, these institutions will help families, nonprofits, governments, small businesses and others to get access to money they can use to deploy projects that help fight climate change.
At least 40 percent of this bucket of funding will go toward low-income or disadvantaged communities.
The other $6 billion will support between two and seven “hub nonprofit organizations,” the press release said. These organizations will provide funding to help community lenders like credit unions, green banks and community development financial institutions finance clean technology projects.
All of the $6 billion will go toward low-income and disadvantaged communities. “Students, small business owners and community leaders with innovative ideas to reduce our emissions and accelerate our clean energy transition will now see their projects become reality, all while creating good-paying jobs and a clean energy economy that works for all,” Harris said in a written statement.
The funds come in addition to $7 billion that the administration has said will go to help low-income communities get access to residential solar energy.
All of the funding has been scrutinized by Republicans, who criticized it as a “slush fund” and proposed to repeal it.
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 22 2023
SUBJECT: Morongo Basin Ambulance Report - June 2023
ATTACHMENTS:
• Call Stats MBA June 2023
MBA Before 29 FD MBA & 29 FD Same Response MBA Arrived After ALS BLS Total Calls 87 66 57 129 22 221
MBA Before
29 FD
MBA & 29 FD
Same
Response
MBA Arrived
After ALS BLS Total Calls
Series1 87 66 57 129 22 221
0 50
100
150
200
250
June 2023 Calls
MBA Before 29 FD MBA & 29 FD Same Response MBA Arrived After ALS BLS Total Calls 87 66 57 129 22 221
MBA Before
29 FD
MBA & 29 FD
Same
Response
MBA Arrived
After ALS BLS Total Calls
Series1 87 66 57 129 22 221
0 50
100
150
200
250
June 2023 Calls
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 22 2023
SUBJECT: Fire Department Emergency Response Report - July 2023 ATTACHMENTS:
• TNP Monthly Totals - July
2023
Incident Totals
2 1
1 6
3 1
11 240
2 3
17 1
288
San Bernardino County Fire Area Incident Report
Criteria: 7/1/2023 to 7/31/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Unknown Type Fire
Motorhome/Truck/Bus Fire
Commercial Fire
Improvement Fire
Outside Elec Incident
Unknown
Printed on 8/1/2023 3:11 PM Page 1 of 1 Page 112 of 418 Incident Totals
2 1
1 6
3 1
11 240
2 3
17 1
288
San Bernardino County Fire Area Incident Report
Criteria: 7/1/2023 to 7/31/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Unknown Type Fire
Motorhome/Truck/Bus Fire
Commercial Fire
Improvement Fire
Outside Elec Incident
Unknown
Printed on 8/1/2023 3:11 PM Page 1 of 1 Page 113 of 418
STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Aug 22 2023
SUBJECT: Five-year Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66000, et.al.
RECOMMENDATION:
The City Council receive and file the City Development Fee Programs Annual Report for the Fiscal Year 2022-23.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Street Improvement impact
Fee annual Report and 5 year
report
BACKGROUND:
In 1987, the California Legislature passed Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Government Code, Sections 66000 et seq.) that governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.
Government Code 66006(b) states the following requirements as pertains to Development Impact Fees:
For each separate account or fund established the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
. (A) A brief description of the type of fee in the account or fund . (B) The amount of the fee
. (C) The beginning and ending balance of the account or fund . (D) The amount of fees collected and interest earned
. (E) An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement including the total percentage of the cost of the public improvement that was funded with fees.
. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. . (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan,
the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
. (H) The amount of refunds made (as pursuant to GC 66001 e) due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made (as pursuant to GC 66001 f) due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.
.
Government Code 66001(d) (1) states the following requirements as pertains to Development Impact Fees:
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
. (A) Identify the purpose to which the fee is to be put . (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged . (C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements
. (D) Designate the approximate dates on which the funding referred to in subparagraph C is expected to be deposited in the appropriate account or fund
Currently, the City has adopted one developer impact fee, the Street Improvement In-lieu Fee. A summary of the City’s Street Improvement impact fees and their fund balance for the fiscal year ending June 30, 2023, is listed below.
Street Improvement In-lieu Fee: $872,684.62
The AB 1600 report has been prepared by staff and provides the information that meets the annual reporting requirements described in the Government Code for the City's Development Impact Fee.
As indicated in the attached report, currently, this fiscal year, Engineering Staff is processing a street improvement project utilizing these fees. The Council has already awarded a contract to NV5 to design the widening and construction of curbs, gutters, and sidewalks on Cholla Avenue from Cactus Drive to State Route
62. We anticipate that the plans should be completed this calendar year and should be ready to advertise for construction early 2024.
The AB 1600 report has been posted on the City’s website for public viewing.
ENVIRONMENTAL:
Not Applicable
ALTERNATIVES:
The City Council could choose to revise the report as needed.
FISCAL IMPACT:
None.
Annual Development Impact Fee Report Fiscal
Year Ended June 30, 2023
2 TABLE OF CONTENTS
Development Impact Fee Report............................................................................................... 2
1.1 Annual Report............................................................................................................. 2
1.2 Five-Year Report……….............................................................................................. 2 Current Impact Fees .................................................................................................................. 3
2.1 Types of Impact Fees and Impact Fee Funds............................................................ 3
2.2 Current Fee Schedule ................................................................................................ 4 Financial Summary Report……………...................................................................................... 5 Public Improvements ................................................................................................................ 6 Interfund Loans ......................................................................................................................... 6 Refunds....................................................................................................................................... 6
3 1. DEVELOPMENT IMPACT FEE REPORT
The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. Regarding reporting requirements, the Mitigation Fee Act requires annual reporting for each impact fee fund, and a separate five-year reporting process. This report meets the requirements described in 1.1 Annual Report, below. A combined Annual and Five-Year Report will be provided next year.
1.1 Annual Report
Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:
1. A brief description of the type of fee in the account or fund; (report section 2)
2. The amount of the fee; (report section 2 and attachment)
3. The beginning and ending balance of the account or fund; (report section 3)
4. The amount of the fees collected, and interest earned; (report section 3)
5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees; (report section 4)
6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement; (report section 4)
7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended; (report section 5)
8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f). (report section 6)
The annual report must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 days after the statements are made public, per Section 66006 (b) (2).
1.2 Five-Year Report
Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded.
SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.
4 Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:
1. Identify the purpose to which the fee will be put;
2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
Those findings are to be made in conjunction with the annual reports discussed above.
If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).
Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).
2. CURRENT IMPACT FEES
The Development impact fee in the City of Twentynine Palms is referred to as the Street Improvement In-lieu Fees. These fees are one-time charges levied on new development in The City of Twentynine Palms to fund various street improvements within the City.
2.1 Purpose and Use of the Fees
The City’s Development Code requires the installation of Street Improvements, curbs, gutters, sidewalks and match up paving, as a condition of approval for residential, commercial, industrial, and public use development. The City adopted the Street Improvement Impact fee as an option to or “in-lieu of” constructing the offsite improvements.
2.2 Current Fee Schedule
As required by the California Mitigation Fee Act (Govt. Code sections 66001 et seq.) a street improvement in-lieu fee (Fee) Study was prepared when the fee was adopted in 2007. As discussed in the Fee Study, the fee is calculated at $78 per linear foot of street frontage, up to 150 feet. The City Engineer estimated at the time of establishing the Fee, that this amount represents the average cost of the improvements. The Fee Study indicates that the 150-foot maximum and the $78 per linear foot fee bears a
5 rational relationship to the need for the improvements and the type of project on which the fee is imposed. The Fee Study further concluded that the fee and the 150-foot frontage limit is rationally related to the need for improvements related to the proposed residential development. Thus, the maximum fee that can be assessed on a single lot project is $11,700. If a property has a 70’ frontage, the property owner would pay $5460 (70’ x $78). If a property has a 660’ frontage, the property owner would pay $11,700 (150’ x $78).
Funds collected pursuant to the fee will be placed in a Street Improvement Fund, which will be restricted, and expenditures shall be related to the construction of curbs, gutters, and sidewalks. Additionally, to manage this program efficiently and effectively, the funds collected will not necessarily be used to construct street improvements on the same street from where the funds are received. Rather, the ordinance permits the funds in the Street Improvement Fund to be used for street improvements in accordance with the City of Twentynine Palms General Plan Circulation Element.
3. FINANCIAL SUMMARY REPORT
The following financial summary report provides a statement of revenue, expenditures, and changes in fund balance for each impact fee fund, for the Fiscal Year End June 30, 2023.
Fund Description Street Improvement Impact Fee
REVENUES
Fees $146,989.74
Interest $12,407.72
Loan Payments $0.00
Other Revenue $0.00
Transfers In $0.00
Total Revenues $159,397.46
EXPENDITURES
Expenditures $47,671.50
Loan Payments $0.00
Total Expenditures $47,671.50
REVENUES OVER (UNDER) EXPENDITURES $111,725.96
Fund Balance, Beginning of the Year1 $760,958.66
Fund Balance, End of the Year2 $872,684.62
1 Beginning Fund Balance matches financial reports provided by the City's Finance Department 2 Ending Fund Balance is calculated using the revenue and expenditure inputs and may not exactly match the City's official financial statements
6 4. PUBLIC IMPROVEMENTS
This section of the Annual Report identifies each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees.
Project Name Project
Start
Project
Finish
Project
Phase
Total
Project
Funding
Total
Impact
Fee
Funded
Amount
% Impact
Fee
Funded
Total Prior
Year impact
Fee
Expenditures
FY 2022/23
Fee
Expenditures
Impact Fee
Funding
Remaining
Safe Route to School 2018/19 2023/24 ACTIVE $1,236,000 $219,600 18% $51,421 $34,554 $133,626 Cholla Avenue
improvement 2022/23 2023/24 ACTIVE $450,000 $450,000 100% $0 $13,118 $436,882 CG&S Baseline Ave. 2016/17 2018/19 COMPLETE $44,944 $44,944 100% $0 $0 $0 TOTAL $1,730,944
$714,544 $51,421 $47,672 $570,508
5. INTERFUND LOANS
The Mitigation Fee Act requires a description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended. There were no interfund transfers or loans made between impact fee funds in Fiscal Year 2022-23.
6. REFUNDS
In Fiscal Year 2022/23, no such determination has been made regarding sufficient funds collected to complete incomplete improvements. Therefore, no refunds were made or required. The refunding requirements for both the Mitigation Fee Act is summarized as follows:
Refunds under the Mitigation Fee Act: If the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Government Code Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Aug 22 2023
SUBJECT: San Bernardino County Fire (SBCFD) Fire Code.
RECOMMENDATION:
The City Council hold a Public Hearing, introduce Ordinance No. ___ and approve SBCFPD Ordinance No. 23-01 adopting the San Bernardino County Fire Protection District Fire Code (referencing the 2022 Edition of California Fire Code).
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2022 Fire Code Ordinance
• City of Twentynine Palms
Ordinance No. ___
• City of Twentynine Palms
Ordinance No. ___ SB County
Fire Code
BACKGROUND:
Every three years, the State of California, through the State Fire Marshal, amends and adopts the California Fire Code. The most recent amendments of a draft of the SBCFPD Fire Code Ordinance was considered by the Board of Directors for first reading on February 7,2023, and will hold a Public Hearing for final adoption on February 28, 2023. Local jurisdiction must enforce the State Code. Local counties, cities, or fire districts may make local code amendments to the State Fire Code. The San Bernardino County Fire Protection District ("District") is responsible for enforcing the State Code within the City's boundaries.
The City of Twentynine Palms is within the service area of the District. Therefore, this item requests that the Mayor and the City Council ratify the District's adoption of the 2022 California Fire Code with local amendments for enforcement within the City's jurisdiction.
ENVIRONMENTAL:
Not Applicable
ALTERNATIVES: Page 123 of 418
The City Council could choose not to approve the County Fire Code, and seek other options.
FISCAL IMPACT:
None.
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_x@ _; (O l\) O __x I\) I\) (:0I\) l\) -I> l\.) U‘! I\) O) \IN I\) CO The Board of Directors of the San Bernardino County Fire Protection District, State ORDINANCE NO. FPD 23-01
An ordinance of the Board of Directors of the San
Bernardino County Fire Protection District, State of
California, to repeal San Bernardino County Fire
Protection District Ordinance No. FPD 20-01 and to
adopt the San Bernardino County Fire Protection District Fire Code, which adopts by reference the 2022 Edition of the California Fire Code, along with certain changes,
modifications, amendments, additions, deletions, and
exceptions to the 2022 Edition of the California Fire Code, relating to fire regulations.
of California, ordains as follows:
SECTION 1. Ordinance No. FPD 20-01 is repealed.
SECTION 2. This ordinance is hereby adopted as the San Bernardino County Fire Protection District Fire Code, to read:
Sections:
1. s°.°°.~I.°=<n4><»~>~
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
FIRE CODE
Findings, Adoption, and Applicability.
Amendments to the 2022 California Fire Code.
Reserved.
Referenced Standards.
Conflicting Provisions.
No Liability or Warranty. Authority
- General. at Fires and Other Emergencies.
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10. 11.
12. 13.
14. 15.
16. 17.
18. 19.
20. 21.
22. 23.
24. 25.
26. 27.
28. 29.
30. 32.34
Authority to Inspect, Issue Notices and Administrative Citations or Abate a Hazardous Condition.
Closure of Public and Private Lands.
Interference Unlawful.
Official Records.
Permits Required.
Fees.
Applications and Permits — Abandonment, Period of Validity, Expiration and Extensions.
Permits not Transferable.
Permit Revocation.
Operation or Construction Without a Permit or With an Expired or Revoked Permit.
Issuance of Stop Work Orders.
Failure to Comply with a Stop Work Order.
Service of Notices and Orders.
Tampering with Notices, Orders or Seals Unlawful.
Overcrowding Unlawful.
Obstructed Egress Unlawful.
Open Fires and Other Outdoor Fires.
Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.
Prohibited Storage of Flammable and Combustible Liquids.
Prohibited Bulk Storage of Liquefied Petroleum Gases.
Prohibited Storage of Flammable Cryogenic Fluids.
Shared Emergency and Fire Apparatus Access Roads. Violations - General. Continuing Violations.
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35. 36.
37. 38.
39. 40.
41. 42.
43. 44.
45. 46.
47. 48.
V 49.
50. 51.
Acts Including Causing, Aiding and Abetting.
Enforcement
— Purpose and Remedies.
Enforcement Remedies and Penalties are Cumulative and
Discretionary; Not Exclusive.
Criminal Actions.
Authority to Investigate, Detain, Issue Criminal Citations and Arrest.
Civil Actions.
Administrative Citations and Penalties - General.
Administrative Citations and Penalties — Dangerous Fireworks and Unlawful Use of Safe & Sane Fireworks.
Administrative Penalties — Egregious Violations.
Administrative Remedies and Penalties For Nuisance Fire Alarms.
Appeal of Administrative Citations.
Recording of a Notice of Pendency.
Filing Notice of Action.
Public Nuisance Abatement of Fire Hazards.
Board of Appeals — Code Application and Interpretations.
Cost Recovery.
Treble Damages.
1. Findings, Adoption, and Applicability.
(8) FINDINGS. The Board of Directors of the San Bernardlno County Fire Protection District hereby finds as follows:
(1)The California Fire Code, 2022 Edition, adopts and amends recognized compilations of proposed rules, regulations, and standards of the International Code Council, Inc.
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(2) That said California Fire Code, which includes the portions of the International Fire Code that have been adopted and amended by the State of California, has been printed and published as a code in book form withinthe meaning of Section 50022.2 et seq. of the California Government Code. That said California Fire Code and the International Fire Code have been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the California Government Code. (3) That the sections and subsections of said California Fire Code and the International Fire Code may be referred to by the number used in said published compilation preceded by the words “California Fire Code Section,” “Fire Code Section" or “Subsection” and may also be referred to by additional reference to the Ordinances of the San Bernardino County Fire Protection District and sections therein pertaining to said California Fire Code and International Fire Code.
(4) That California Health and Safety Code Section 13869 et seq. provides, in pertinent part, that a Fire Protection District may make such changes or modifications to the provisions published in the California Building Standards Code and other regulations adopted pursuant to Section 17922 as it determines are reasonably necessary because of local climatic, geological and topographical conditions. (5) That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents, workers and visitors ofthe San Bernardino County Fire Protection District. Said additional requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions described herein. The finding in this subsection (a)(5) is based upon the express findings and determinations on the proposed amendments to the Code identified herein and on file with the Building Standards (6) Local Climatic Conditions. (A) The District is subject" to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour.
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Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles and structural damage to buildings. These conditions result in increased demandfor fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems.
(B) During the summer months, the Santa Ana Winds produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing the possibility and severity of fire from dry vegetation and other common combustibles. (C) During the summer months, much of the District experiences prolonged periods of temperatures in excess of 100°F. When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists. (D) During the winter months, heavy rains routinely cause damage to roadways rendering them.completely impassible, or with limited access, sometimes for extended periods.
(E) During winter months, heavy snow and ice conditions exist in the mountain areas resulting in increased demand forfire services and limitingor delaying emergency vehicle access. In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods. (7) Local Geological Conditions.
(A) The District is subject to moderately strong to severe shaking and surface ruptures resulting from numerous known earthquake faults located throughout the District. These local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and services response. (B) Unstable slopes in several areas throughout the District have experienced soil movement as a result of heavy or soaking rains, resulting in damage to
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roadways, structures and utilities.
(C)
exceptionally deep aquifers or aquifers providing only brackish or contaminated water Some desert areas of the District have limited aquifers, supplies. This limits, or in some cases eliminates, water supplies available for firefighting purposes.
(D) The District has many areas with rich deposits of minerals resulting in the presence of many subsurface and strip mining operations. These operations pose special problems due to confined access and large quantities of fuels and explosive materials.
(8) Local Topographical Conditions.
(A) The
geographical area with limited access routes connecting valley, mountain and desert District encompasses an exceptionally large
areas. This distance, combined with these limited access routes, results in delays in the reallocation of resources to emergency scenes.
(3)
ranging from relatively flat desert and valley areas, to foothill areas, canyon areas and The topography of the District is exceptionally diverse, steep mountainous areas. This results in some areas that are inaccessible to radio communications, which hampers emergency response capabilities. (C) The large geographical area and diverse topography of the District results in numerous water purveyors and water pressure zones throughout the response areas. This results in many areas having limited, unreliable or unavailable water supplies available for firefighting purposes.
(D) The District is traversed by several State and Interstate highways, which provide for limited under or over crossing access points for emergency water supply grids to provide water from multiple points to all areas and necessitates the use of dead-end water mains in many areas adjacent the highways. (E) The District is traversed by two major active railroad main rail
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systems. These railsystems are used for both commuter and large freighttrains, including the transportation of large quantities of hazardous materials. These rails provide for limited under or over crossing access points for emergency vehicles to cross to adjacent areas. Emergency vehicles experience frequent delays at grade crossings until passenger and/or lengthy freight trains clear the grade crossings. (F) Due to the size and topography of the District, it is traversed by several high voltage electrical transmission lines which cross over inaccessible desert and foothill brush—covered areas, as well as and heavily forested steep mountain areas.
High winds have caused damage to these lines, resulting in vegetation fires. Access to many of these areas is unavailable to vehicles, making response to these fires unusually difficult.
(G) Several large, high—pressure natural gas transmission lines traverse the District to transport natural gas at pressures exceeding 500 p.s.i. These lines pass through, under or over steep terrain and wildfire prone areas and are also subject to damage due to flooding or seismic events.
(H)
transport large quantities of gasoline, diesel fuel and jet fuels under extremely high Several large petroleum product pipelines cross the District to pressures. While generally underground, these pipelines pass through, under or over steep terrain and wildfire prone areas and overhead at several overpasses located over thoroughfares and waten/vays. Damage to these pipelines has been experienced during rail accidents and flooding conditions. Additionally, these pipelines and their pumping and valve stations are subject to damage from seismic events. (9) These local climatic, geological and topographical conditions found herein together present increased hazard potentials that create a reasonable necessity and fire protection standards, as well as to prevent and discourage egregious and other fire safety violations where the public is at higher risk.
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(b) ADOPTION OF THE 2022 CALIFORNIA FIRE CODE. The Board of Directors of the San Bernardino County Fire Protection District hereby adopts the 2022 Edition of the California Fire Code (sometimes referred to herein as 2022 California Fire Code, California Fire Code, or CFC), also known as Part 9 ofTit|e 24 ofthe California Code of Regulations (which California Fire Code adopts and amends portions of the 2021 International Fire Code), and Appendices as compiled and published by the International Code Council. The 2022 Edition ofthe California Fire Code is on file with the Secretary of the Board.
(c) APPLICABILITY. The provisions of the CFC, subsequent amendments, California Fire Code Appendices, and referenced standards shall be collectively known as the San Bernardino County Fire Protection District Fire Code. The San Bernardino County Fire Protection District Fire Code shall be applicable in all areas ofSan Bernardino County within the San Bernardino County Fire Protection District, or in any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, and in those other cities, towns and districts that ratify this ordinance pursuant to California Health and Safety Code section 13869.7.
2. Amendments to the 2022 California Fire Code
The 2022 California Fire Code, also known as Part 9 of Title 24 of the California Code of Regulations, is hereby amended as follows:
(a) The following sections of Chapter 1 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Section 105.5.4A is added to the San Bernardino County Fire 105.5.4A Battery and other energy storage systems. An operational permit is required for a battery system or electrical energy storage system as regulated by section 1207 ofthe California Fire Code.
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Exception: This Section does not apply to systems in R-3 occupancies.
(2) Section 105.5.17A is added to the San Bernardino County Fire F’rotection District Fire Code, to read:
105.5.17A Fixed hood and duct extinguishing systems. An operational permit is required to utilize commercial cooking appliances, as defined in Section 606, with a Type I hood and an automatic fire extinguishing system as required by section 904.13. (3) Section 105.5.34 of the California Fire Code is amended, to read:
105.5.34 Open Fires. An.operational permit is required for the kindling or maintaining of an open fire as defined in Section 202, on any public street, alley, road, or other public or private ground, in accordance with Section 26.
Exception: Recreational fires and barbecues fueled solely by LPgas or natural gas. (4) Section 105.536 of the California Fire Code is amended, to read:
105.5.36. Open flames in assemblies. An operational permit is required to use open flames in connection with assembly areas, dining areas of restaurants or drinking establishments.
Exception: Candles and small—open flame decorative devices in accordance with Section 308.
(5) Section 105.5.38 of the California Fire Code is amended, to read:
105.5.38 Outdoor assemblies. An operational permit is required to conduct an outdoor assembly, temporary use or other special event where planned attendance exceeds 200 persons per day.
Protection District Fire Code, to read: 105.5.38A Pallet Yards. An operational permit is required to store combustible pallets at pallet manufacturing and/or recycling facilities.
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(7) Section 105.5.51 of the California Fire Code is amended, to read:
105.5.51 Waste handling and wrecking yards. An operational permit is required for the operation of automobile wrecking yards, junk yards, combustible waste material or combustible recycled material handling facilities.
(8) Section 105.5.52 of the California Fire Code is amended, to read:
105.5.52 Wood, manure and organic product storage. An operational permit is required to store or process wood chips, hogged material, lumber, plywood, manure, compost or other combustible organic products in excess of 200 cubic feet (6 m3). (9) Section 105.6.3A is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.3A Dust Collection Systems. A construction permit is required for the installation or modification of Dust Collection System as regulated by Chapter 22. (10) Section 105.6.3B is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.3B Electrified Security Fence. A construction permit is required for installation of or modification to an electrified security fence. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
(11) Section 105.6.17 is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.17 Plant Extraction Systems. A construction permit is required for installation of or modification to plant extraction systems. Maintenance performed in accordance with this Code is not considered to be a modification and does not require a (12) Section 105.6.18 is added to the San Bernardino County Fire Protection District Fire Code, to read: 10
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105.6.18 Private Fire Hydrants. A construction permit is required for installation of or modification to private fire hydrants. Maintenance performed in accordance with this Code is not considered to be a modification and does not require a permit. (13) Section 105.6.18A is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.18A Refrigeration Unit or System. A construction permit is required to install or modify a mechanical refrigeration unit or system regulated by Section 605. (14) Section 105.6.19 is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.19 Smoke Control or Smoke Exhaust Systems. Construction permits are required for installation of or alteration to smoke control or smoke exhaust systems.
Maintenance performed in accordance with this code is not considered to be an alteration and does not require a permit.
(b) The following definitions in Chapter 2, Section 202 of the California Fire Code are amended, by adding or amending the following definitions, as follows:
AGRICULTURAL BURNING. The open burning of waste vegetation produced by the growing or harvesting of crops in agricultural operation.
ALL WEATHER DRIVING SURFACE. Concrete, asphalt, or any other surface, as determined by a qualified engineer licensed by the State of California, to adequately support the imposed load of a fire apparatus and meets the intent of this Code.
BARBECUE GRILL. (Also known as a barbeque or BBQ). A portable or fixed device, constructed of non—combustiblematerial, for the primary purpose of cooking food over a liquefied petroleum—,natural gas—, wood—or charcoal—fueledfire. solid fuel is burned to a BONFIRE. An outdoor open fire having a total fuel area greater than 3 feet in width, length or diameter or 2 feet in height, and is used for pleasure, religious, ceremonial, cooking, warmth or other similar purposes. 11
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DEPARTMENT. Department includes the San Bernardino County Fire Protection District and any other recognized fire department or agency.
DISTRICT. The San Bernardino County Fire Protection District.
DRIVEWAY. A privately owned, vehicular access road having a minimum unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, Division 3 or accessory Group U occupancies.
FIRE CHIEFIFIRE WARDEN. The chief officer of the San Bernardino County Fire Protection District, or a duly authorized representative.
FIRE CODE OFFICIAL. The Fire Chief/Fire Warden of the San Bernardino County Fire Protection District or a duly authorized representative charged with the administration and enforcement of this Code.
OPEN BURNING. Opening burning shall have the same meaning as Open Fire as defined in this Section.
OPEN FIRE. Any outdoor fire including the open burning of a solid fuel, such as a barbecue grill, barbecue pit, bonfire, recreational fire, agricultural burning or residential burning, wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber, as regulated by Section 26 of this Code. Open burning does not include road flares, smudge pots, and other similar devices associated with safety or occupational uses or the use of portable outdoor fireplaces or outdoor ovens.
PERSON. Individuals, businesses, general partnerships, limited partnerships, joint ventures, corporations, trust, concern, organization, state and local government entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid, and every other legal entity or association having legal obligations subject to the PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid—,liquid—,or gas fuel burning fireplace constructed of steel, concrete, clay or other non—combustible materials and specifically designed for the containment of fire. A portable outdoor 12
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fireplace may have an open design or may have a small hearth opening with a short chimney or opening in the top.
RECREATIONAL FIRE. An outdoor open fire burning clean materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal to or less than 3 feet inwidth, length or diameter and 2 feet in height for pleasure, religious, ceremonial, cooking, warmth or other, similar purposes. Recreational fires also include any campfire or fire ring.
RESIDENTIAL BURNING. The open burning of waste vegetation, tree and yard trimmings or similar for disposal on residential privately—owned property. For the purposes of this Code, Residential Burning shall also include the burning of similar items at commercial properties and on vacant properties.
STAND ALONERESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An
approved fire sprinkler system, that conforms to Section 903.3.1.1. 90331.2, or 903.31 .3 ofthis Code, NFPA standards 13 R or 13 D, and San Bernardino County Fire Protection District Fire Prevention Standards, and is supplied by a water source independent from a municipal water distribution system.
WILDFIRE RISK AREA. Land that is covered with flammable/combustible vegetation, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire. For the purposes of this Code, the following areas shall be a Wildfire Risk Area: (1) any land located within a Fire Safety Overlay or Fire Hazard Overlay as identified in the San Bernardino County Development Code or in the ordinances or municipal code of an designated by the California Department of Forestry and Fire Protection (Cal FlRE,); or (3) a No Fireworks Zone. (C) The following sections of Chapter 3 of the San Bernardino County Fire 13
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Protection District Fire Code are added or amended, as follows:
(1) Section 305.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
305.3 Open-flame warning devices. Open—flamewarning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials.
Exception: This section shall not apply to public safety personnel acting in the performance of their duties.
(2) Section 3056 is added to the San Bernardino County Fire Protection District Fire Code, to read:
305.6 Spark arrestors. Each chimney used in conjunction with a fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrester shall have heat and corrosion resistance equivalent to 12—gaugewire, 19—gauge galvanized wire or 24—gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three—eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and shall be visible from the ground. Allspark arrestors shall be accessible and removable for cleaning.
(3) Section 308.1 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1 General. Notwithstanding any other provision of this Code, open flames, Title 19 CCR Sections 3.25(a) and (b). (4) Section 308.1.3 is added to the San Bernardino County Fire Protection District Fire Code, to read: 14
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308.1.3 Use of torches. Torches and other flame-producing devices shall not be used to remove paint from any structure or weeds from any premises. Notwithstanding any other provision of this Code, persons utilizing a torch or other flame-producing device for melting asphalt or for welding or cutting shall provide a minimum of one portable fire extinguisher complying with Section 906 and with a minimum of a 4—Arating, or two portable fire extinguishers, each with a minimum of a 2—Arating, or a water hose connected to a working water source. The person conducting the burning or asphalt melting shall remain at the location for a minimum of one hour after the torch or flameproducing device is utilized. (5) Section 308.1.4 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.4 Open-Flame Cooking Devices. Charcoal burners, barbecues, and other open—flame cooking devices shall be in accordance with Section 26 of this Code.
(6) Section 308.16 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.6 Open-flame devices. Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon Wildfire Risk Areas, except by a permit in accordance with Section 105 secured from the fire code official.
Exception: Use within inhabited premises or designated campsites that are not less than 30 feet (9144 mm) from grass—, grain—,brush—or forest-covered areas.
(7) Section 30816.1 is added to the San Bernardino County‘ Fire Protection District Fire Code, to read:
guns, lanterns, or road flares shall not be operated or used as a signal or marker in or upon Wildfire Risk Areas. Exception: The proper use of fusees at the scene of emergencies -15
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or as required by standard railroad operating procedures. (8) Section 308.1 .6.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.6.3 Sky lanterns Prohibited. The release or the failure to prevent the release ofsky lanterns into the air without an effective means of control is prohibited within the jurisdiction of the San Bernardino County Fire Protection District.
Exception: Sky lanterns used for scientific or research purposes when reasonable precautions are made to prevent loss of control or the ignition of surrounding combustibles. Persons releasing Sky Lanterns used for scientific or research purposes shall first submit a plan outlining the scientific or research purpose and shall obtain a permit and specific conditions from the fire code official. (9) Section 308.2 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.2 Permits required. Permits shall be obtained from the fire code official in accordance with Section 105.6 prior to engaging in the following activities involving open flames:
1. Use of open flames in connection with assembly occupancies.
Exception: The use of candles.
2. Use or operation of open flames, torches or other devices, machines or processes liable to cause fire in or upon Wildfire Risk Areas. (10) Sections 309.1—309.7 are added to the San Bernardino County Fire Protection District Fire Code, to read:
SECTION 309
POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with Section 309.2 through 309.7. 309.2 Use in hazardous (classified) locations. Powered industrialtrucks used 16
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in areas designated as hazardous (classified) in accordance with the California Electrical Code shall be listed and labeled for use in the environment intended in accordance with National Fire ProtectionAssociation Standard 505.
309.3 Battery chargers. Battery chargers shall be of an approved type.
Combustible storage shall be kept not less than 3 feet (915 mm) from battery chargers.
Battery charging shall not be conducted in areas accessible to the public. 309.4 Ventilation. Ventilation shall be provided in an approved manner in batterycharging areas to prevent a dangerous accumulation of flammable gases. 309.5 Fire extinguishers. Battery—ohargingareas shall be provided with a fire extinguisher complying with Section 906 having a minimum 4—A:20—B:Crating within 20 feet (6096 mm) of the battery charger.
309.6 Refueling. Powered industrial trucks using liquid fuel, LP—gasor hydrogen shall be refueled outside of buildings or in areas specifically approved for that purpose.
Fixed fuel dispensing equipment and associated fueling operations shall be in accordance with Chapter 23. Other fuel-dispensing equipment and operations, including cylinder exchange for LP—gas—fueledvehicles, shall be in accordance with Chapter 57 for flammable and combustible liquids or Chapter 61 for LP—gas. 309.7 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing open flame or welding shall be done in approved locations outside of buildings or in areas specifically approved for that purpose.
(11)
Protection District Fire Code, to read:
311.1 General.
Sections 3111- 311.4 are added to the San Bernardino County Fire Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces, shall be safeguarded and maintained in Code. 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last '17
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known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural ‘collapseor fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the California Building Code and the international Property Maintenance Code as adopted by the local Building Department.
311.1.2 Tenant spaces. Storage and lease plans required by this Code shall be revised and updated to reflect temporary or partial vacancies. 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected‘ in accordance with Sections 311.2.1 through 311.2.3.
311.2.1 Security. Exterior and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or othen/vise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety. 311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times.
Excep?ons:
1. Where the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.
2. Where approved by the fire code official, buildings that willnot be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons. 18
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3. Where approved by the fire code official, fire alarm and sprinkler systems are permitted to be placed out of service in seasonally occupied buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures; and where fire areas do not exceed 5,000 square feet (464 m2); and that do not store motor vehicles or hazardous materials. 311.2.3 Fire separation. Fire-resistance—rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings, joints and penetrations in fire—resistance—ratedassemblies shall be protected in accordance with Chapter 7.
311.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flammable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials.
Excep?ons:
1. Buildings or portions of buildings undergoing additions, alterations, repairs or change of occupancy in accordance with the California Building Code, where waste is controlled and removed as required by Section 304.
2. Seasonally occupied buildings.
311.4 Removal of hazardous materials. Persons owning or having charge or control of a vacant building containing hazardous materials regulated by Chapter 50 shall comply with the facility closure requirements of Section 5001.6. (12) Section 315.7 of the California Fire Code is amended, to read:
315.7Outdoor pallet storage. The outside storage of combustible pallets shall — Fire Prevention Standards. Pallets stored within a building shall be protected in accordance with Chapter 32. Outdoor storage of pallets at pallet manufacturing and/or recycling facilities shall be in accordance with Section 2810. 19
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315.7.2 Distance to the lot line. Pallet storage shall not be located within 20 feet (6096 mm) of a lot line.
315.7.3 Storage Height. Pallet storage shall not exceed 16 feet (4877 mm) in height.
315.7.4 Pallet pile stability and size. Pallet stacks shall be arranged to form stable piles. Individual pallet piles shall not exceed 20 feet (6096 mm) in width and 20 feet (6096 mm) in length. Piles shall not exceed 6,400 cubic feet (227 m3) in volume and shall cover an area not greater than 400 square feet (37 m2). 315.7.5 Pallet types. Pallets shall be all wood, with slatted or solid top or bottom, with metal fasteners, or shall be plastic or composite pallets, listed and labeled in accordance with the UL 2335 or FM 4996. Plastic pallets shall be both solid and gridded deck, independent of the pallet manufacturing process, type of resin used in fabrication or geometry of the pallet.
315.7.6 Pile separation distances. in addition to the other requirements of this section, pallet stacks and piles shall be separated in accordance with sections 315.7.6.1 and 315.7.6.2.
315.7.6.1 Building separation. Pallet stacks and piles shall be separated from buildings in accordance with Table 315.7.6(1) for wood pallets and Tables 315.7.6(2) for 315.7.6.2 Separation from the other pallets and on-site storage. Pallets shall be separated from other pallet piles and other storage in accordance with Table 315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets. 315.7.7 Prohibited locations. Pallets shall not be stored within 100 feet (30480 20
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mm) of welding or cutting equipment, underneath high—voltagetransmission lines, public roadways or railways.
(13) Section 315.8 is added to the San Bernardino County Fire Protection District Fire Code, to read:
315.8 Outside storage of firewood. The outside storage of firewood shall comply with the provisions of Section 315 of this Code, and San Bernardino County Fire Protection District Fire Prevention Standards.
(14) Section 315.9 is added to the San Bernardino County Fire Protection District Fire Code, to read:
315.9 Storage of motor vehicles and trailers. Outside storage of automobiles, trucks, recreational vehicles, truck trailers and other similar vehicles on a temporary basis shall meet the requirements of the San Bernardino County Fire Protection District Fire Prevention Standards.
(15) Section 316.7 is added to the San Bernardino County Fire Protection District Fire Code, to read:
316.7 Electrified fences. Electrified fences or other barriers intended to secure a premise shall have provided a means of disconnecting all electrical power and deenergizing any and all barriers with a single main switch. The main electrical disconnect switch shall be clearly labeled and be accessible for firefighter use by means of a key switch, locked cabinet, or other means approved by the fire code official. Such electrified fences or barriers shall be clearly labeled with warning signs that read “DANGER — ELECTRIC FENCING” at a minimum of every 100 feet (30,480 m) apart around the perimeter.
Protection District Fire Code are added or amended, as follows: (1) Sections 403.11 — 403.1133 are added to the San Bernardino County Fire
Protection District Fire Code, to read: 21
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403.11 Special requirements for public safety. Special requirements for public safety shall be in accordance with Sections 403.11.1 through 403.11.3.3. 403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and 403.11.1.2 and San Bernardino County Fire Protection District Fire Prevention Standards. 403.11.1.1 Duty times. Fire watch personnel shall remain on duty while places requiring a fire watch are open to the public, or when an activity requiring a fire watch is being conducted.
403.11.1.2 Duties. On—duty fire watch personnel shall have the following responsibilities:
1. Keep diligent watch for fires, obstructions to means of egress and other hazards.
2. Take prompt measures for remediation of hazards and
extinguishment of fires that occur.
3. Take prompt measures to assist in the evacuation of the public from the structures.
403.11.2 Public safety plan for gatherings. Where the fire code official determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants or fire apparatus access roads or where such gatherings adversely affect public safety services prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1. Emergencyvehicle ingress and egress. 2. Provisions for maintaining fire protection equipment. 22
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3. Emergency egress or escape routes.
4. Emergency medical services facilities and personnel.
5. Public assembly areas.
6. The directing of both attendees and vehicles, including the parking of vehicles.
7. Vendor and food concession distribution.
8. The need for the presence of law enforcement.
9. The need forfire department apparatus or personnel available on the site, provided owner, agent, or lessee’s expense, as required by the fire code official.
10. The need for a weather monitoring person.
11. The need for qualified crowd managers meeting the
requirements of section 403.11.3 through 403.11.3.3.
403.11.3 Crowd managers. Where required by the fire code official, crowd managers shall be provided in accordance with sections 403.11.3.1 through 403.11.3.3. 403.11.3.1 Number of crowd managers. Not fewer than two trained crowd managers, and not fewerthan one trained crowd managerfor each 250 persons or portion thereof, shall be provided for the gathering.
Exception: The number of crowd managers shall be reduced where, in the opinion of the fire code official, the fire protection provided by the facility and the nature of the event warrant a reduction.
403.11.3.2 Training.
Training for crowd managers shall be a certification from the National Association of State Fire Marshals (NASFM) or an equivalent training and certification 403.11.3.3 Duties. The duties of crowd managers shall include, but not be limitedto: 1. Conduct an inspection of the area of responsibility and identify 23
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2. Conduct and inspection ofthe area of responsibility to identify and mitigate any fire hazards.
3. Verify compliance with all permit conditions
4. Direct and assist the event attendees in evacuation during an emergency.
5. Direct emergency response personnel to a location when requested.
6. Other duties required by the fire code official.
7. Other duties as specified in the fire safety plan.
(e) The following sections of Chapter 5 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Sections 503.1-503.5.1 are added to the San Bernardino County Fire Protection District Fire Code, to read:
SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.13. 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 access road shall comply with the requirements ofthis section and shall extend to within 150 feet (45720 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.
1. The fire code official is authorized to increase the dimension of 150 feet (45720 mm) where any of the followingconditions occur: 1.1. Unless required by another section of this Code, the 24
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1.2. Fire apparatus access roads cannot be installed
because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
1.3. There are not more than two Group R-3 or Group U
occupancies.
2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.
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 terrain, climatic conditions or other factors that could limitaccess.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for high—pi|edcombustible storage shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be designed, constructed and maintained in accordance with Sections 503.2.1 through 503.2.8. and San Bernardino Fire Protection District Fire Prevention Standards. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet, 6 inches (4420 mm.) Roadways that provide fire apparatus access to buildings that have exterior walls 30 feet or higher from the lowest level of fire department access stories above such adjacent roadways shall have an unobstructed width of 30 feet (9144 mm.) Excep?ons: 25
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1. Emergency vehicle access roads designed and provided exclusively for fire department use may have an unobstructed width of not less than 20 feet (6096 mm) when approved by the fire code official.
2. Driveways and private roadways providing fire department access to not more than two Group R-3 and accessory Group U occupancies shall be a minimum of 12 feet (3657 mm) in width.
3. Required access road dimensions may be modified according to the San Bernardino County Fire Protection District Fire Prevention Standards when, due to location on property, topography, watenNays, nonnegotiable grades or other similar conditions, the fire code official determines that the conditions cannot be met. In no case shall fire department access roads within State Responsibility areas (SRA) be less than 20 feet (6096 mm) in unobstructed width.
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and heights where they are inadequate for fire or rescue operations or where necessary to meet public safety objectives. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced so as to provide all—weatherdriving capabilities.
Exceptions:
1. Where road grades do not exceed eight percent (8%), and where serving only one or two—fami|ydwellings or accessory Group U occupancies, the fire code official may approve existing roads constructed with approved native materials or other earthen materials compacted to eighty—fivepercent (85%) compaction.
2. The fire code official is authorized to allow alternate fire and demonstrating an equivalent reliability and safety. 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall comply with San Bernardino Fire Protection District Fire Prevention Standards 26
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as determined by the fire code official.
503.2.5 Dead Ends. Dead—endfire apparatus access roads in excess of 150 feet in length (45,720 mm) shall be provided with an approved area for turning around fire apparatus that complies with San Bernardino Fire Protection District Fire Prevention Standards.
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—‘l7.Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7 Grade. The grade of a fire apparatus access road or driveway shall be a maximum of twelve percent (12%).
Excep?ons:
1. The grade of a fire apparatus access road or driveway may be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the approval of the fire code official.
2. The grade of a driveway providing fire access to no more than two (2) one— or two—familydwelling may be increased to a maximum of sixteen percent (16%) for a distance not to exceed 500 feet in areas in which the Hillside Grading Standards pursuant to Chapter 83.08 of the San Bernardino County Development Code apply and with the approval of the fire code official.
503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall comply with the San Bernardino County Fire Protection District Fire Prevention Standards. 27
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503.3 Marking. Where required by the fire code official, approved signs and markings that include the words “NO PARKlNG—FlRE LANE”and that comply with San Bernardino County Fire Protection District Fire Prevention Standards 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 the parking of vehicles. The minimum widths and clearances established in Section 503.21 and 503.2.2 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the orders of the fire code official or other governing agency in cooperation with the fire code official, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction. 503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the fire code official in accordance with the San Bernardino County Fire Protection District Fire Prevention Standards.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or 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 ofASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention Standards.
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. 28
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Exception: The restriction on use shall not apply to public officers acting within the scope of duty.
(2) Section 503.6 is added to the San Bernardino County Fire Protection District Fire Code, to read:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention Standards.
(3) Section 504.5 is added to the San Bernardino County Fire Protection District Fire Code, to read:
504.5 Foam cornices. Buildings with cornices or other trim at the edge of a roof or parapet wall made of expanded foam plastic or other similar materials shall be installed in accordance with San Bernardino County Fire Protection District Fire Prevention Standards in order to allow a stable, rigid surface or edge on which a ladder can be used to access the roof.
(4) Sections 5051-5052 are added to the San Bernardino County Fire Protection District Fire Code, to read:
SECTION 505
PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with County Fire Protection District Standards. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address identification shall 29
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Numbers shall not be spelled out. Each be Arabic numerals or alphabetical letters. character shall be not less than 4 inches (102 mm) high with a minimum stroke width of ‘/2inch (12.7 mm). Where required by sections 505.1.1 — 505.1.6, address identification shall be provided in additional approved locations to facilitate emergency response.
Address identification shall be maintained.
505.1.1 One and two family dwelling units. Allone and two family dwelling units shall, in addition to the requirements of section 505.1, be provided with address identification in accordancewith all of the following:
1. Electrically illuminated by an internal low—voltagelight source during the hours of darkness.
2. Where building setbacks exceed 100 feet (30.5 m) from the street, or where addresses on dwelling units would not be visible or would otherwise be obstructed, additional non—illuminatedaddress identification shall be displayed on a monument, sign or other approved means used to identify structures. 505.1.2 Buildings less than 100,000 square feet, other than one— and twofamily dwelling units. All buildings less than 100,000 square feet (9290 m2) in area, other than one— and t\No—familydwelling units, shall, in addition to the requirements of Section 505.1, be provided with address identification in accordance with all of the following:
1. Electrically illuminated by an internal or external source during the hours of darkness.
2. Not less than eight inches (204 mm) in height, with a minimum stroke width of 1 inch (25.5 mm).
3. Where building setbacks exceed 200 feet (61 m) from the obstructed, additional non—illuminated address identification shall be displayed on a Address monument, sign or other approved means used to identify structures. identificationcharacters shall not be less than six inches (153 mm) in height, with a 30
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505.1.3 Buildings 100,000 square feet or larger, other than one- and twofamily dwelling units. All buildings 100,000 square feet (9290 m2) or larger in area, other than one- and two—familydwelling units, shall, in addition to the requirements of Section 505.1, be provided with address identification in accordance with all of the following:
1. Electrically illuminated by an internal or external source during the hours of darkness.
2. Not less than twelve inches (306 mm) in height, with a minimum stroke width of 1.5 inch (38 mm).
3. Where building setbacks exceed 200 feet (61 m) from the street, or where address identification would not be visible or would otherwise be obstructed, additional non—i||uminated address identification shall be displayed on a monument, sign or other approved means used to identify structures. Address identification characters shall not be less than six inches (153 mm) in height, with a minimum stroke width of 0.75 inches (19 mm).
505.1.4 Illuminated directory. When required by the fire code official, new multiple dwelling unit complexes of 20 or more units shall be provided with an illuminated directory at each entry, clearly visible to emergency responders entering the property.
The directory shall comply with San Bernardino County Fire Protection District Fire Prevention Standards and shall consist of a diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. 505.1.5 Individual units. Individual dwelling units other than one- and two—family dwellings, and tenant lease spaces within buildings shall be posted with address pedestrian traffic and shall comply with section 505.1 and the San Bernardino County Fire Protection District Fire Prevention Standards. 505.1.6 Rear addressing. Buildings which have vehicular access to the rear side 31
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by means of a drive aisle alley, or parking lot shall also display address identification on the rear of the building and the San Bernardino CountyFire Protection District Standards. 505.2 Street or road name signs. The names of streets or roads shall be identified with approved signs. Temporary street or road name signs meeting the San Bernardino County Fire Protection District Fire Prevention Standards shall be installed at each street intersection when construction of new roadways allows passage by vehicles and shall be maintained until replaced by permanent signs. (5) Sections 506.1—506.2are added to the San Bernardino County Fire Protection District Fire Code, to read:
SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire—fightingpurposes, the fire code official is authorized to require one or more key boxes to be installed in an approved location(s). The key box(es) shall be of an approved type in accordance with San Bernardino County Fire Protection District Fire Prevention Standards and shall contain keys to gain necessary access as required by the fire code official.
506.1.1 Locks. An approved lock or entry device meeting San Bernardino County Fire Protection District Fire Prevention Standards shall be installed on gates or similar barriers across fire department access roads where required by the fire code official. 506.2 Key box maintenance. The operator ofthe building shall immediately notify the fire code official and provide the new key where a lock is changed or rekeyed. The key to such lock shall be secured in the key box.
SECTION 507 FIRE PROTECTION WATER SUPPLIES 507.1 Required water supply. An approved water supply capable of supplying 32
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the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. In areas without a water purveyor capable of supplying the required water supply, National Fire Protection Association Standard 1142 (current edition) shall be used to establish on—sitewater storage capacities, when allowed by the fire code official.
Exception:
1. When approved by the fire code official, the following shall be permitted in lieu of an adequate water supply when serving not more than two Group R3 occupancies and accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum of
50 feet (15,240 mm) from all adjacent dwellings and property lines. b) Group R—3Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313. c) Provide other approved alternate means and
methods as approved by the fire code official.
(7) Section 507.2.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
507.2.3 Temporary water supply. When required by the fire code official, a temporary water supply shall be provided for buildings under construction, prior to such buildings being occupied. Temporary water supplies shall be in accordance with San Bernardino County Fire Protection District Fire Prevention Standards. (8) Section 507.3 of the California Fire Code is amended, to read:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and be determined by method below or by Appendix B.
lieu of adequate fire flow when serving not more than two Group R—3occupancies and accessory Group U occupancies: a) Accessory Group U occupancies shall be a minimum 33
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50 feet (15,240 mm) from all adjacent dwellings and property lines. b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313. alternate means and c) Provide other approved
methods as approved by the fire code official.
(9) Section 507.5 of the California Fire Code is amended, to read:
507.5. Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 5075.6 and San Bernardino County Fire Protection District Fire Prevention Standards.
(10) Section 507.5.1 of the California Fire Code is amended, to read:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on—sitefire hydrants and mains shall be provided where required by the fire code official.
Exception: For Group R-3 and attached Group U occupancies, the distance requirement shall not be more than 600 feet (183 m). (11)
Protection District Fire Code, to read:
Section 507.5.1.2 is added to the San Bernardino County Fire 507.5.1.2 Water supply connections. New on—sitefire hydrant water systems that serve buildings having a single or aggregate floor area of greater than 100,000 square feet (9290 m2)shall have a minimum of two separate remote connections to the public water system designed and constructed in accordance with the National Fire County Fire Protection District Fire
(12) Section 508.2 is added to the San Bernardino County Fire Protection District Fire Code, to read: 34
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508.2 Fire Control Room. A fire control room for fire department operations shall be provided in all newly constructed Group F—‘l,S-1 and S-2 distribution warehouses greater than 300,000 square feet (27870 m-’-)in floor area. The location and accessibility of the fire control room shall be approved by the fire code official. The fire control room shall be separated from the remainder of the building by walls and ceilings not less than one—hourfire partitions and shall have at least one exterior access door of not less than 3’—0”(918 mm) in width by 6’—8”(2040 mm) in height. The room shall be a minimum of 96 square feet (9 m2)with a minimum dimension of 8 feet (2438 mm.) The room shall contain the following as a minimum:
1. The fire alarm control unit and associated equipment, including an annunciator panel displaying status of sprinkler control valves and waterflow detectors.
2. Main controls and indicators for mechanical smoke exhaust systems.
3. A printed graphic exhibit(s) showing the building floor plan, automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire department access doors, and any other equipment as required by the fire code official.
4. Other firefighting equipment and system controls as required by the fire code official.
(13) Section 509.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
509.3 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main risers, fire alarm be located in an attached or included room separate from any tenant space. Such rooms shall have at least one exterior access door of not less than 3’-0” (918 mm) in width by 6’—8”(2040 mm) in height and meet the requirements of Sections 901.4.6—901.4.6.4. 35
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(1) Section 901.8.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
901 .8.3 Theft deterrents. The fire code official is authorized to require installation methods, mechanisms, or other technology that willserve to deter theft or tampering with fire protection appliances. Such methods shall be in accordance with the San Bernardino County Fire Protection District Fire Prevention Standards. (2) Section903.2 of the California Fire Code is amended, to read:
903.2 Where required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in this section and Sections 903.2.1 through 903.2.21. Notwithstanding any other provision of Sections 9032.1 through 903.2.21, an approved automatic fire sprinkler system shall be provided throughout all newly constructed buildings of any occupancy group, when the gross floor area is equal to or exceeds 5,000 square feet (465 m2), regardless of fire resistive separation walls.
Excep?ons:
1. Group U occupancies, accessory to a Group R-3 one— or twofamily dwelling.
2. In existing buildings, other than Group R, Division 3 and Group U occupancies, not equipped with an automatic fire sprinkler system, the following requirements shall apply:
a) When an addition causes the building to exceed 5,000 of the existing square footage, the entire building shall be provided with an automatic sprinkler system. b) For existing buildings larger than 5,000 square feet (465 m2)in gross floor area, when a change of use occurs that, in the opinion of the fire 36
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code official, increases the risk of fire, or increases the danger to occupants in a fire, the entire building shall be provided with an automatic sprinkler system. (3) Section 910.2.1 of the California Fire Code is amended, to read:
910.2.1 Group F‘-1,S-1 and S-2. A mechanical smoke removal system installed in accordance with section 910.4 shall be installed in buildings and portions thereof used as group F—1,S-1 and S-2 occupancy having more than 50,000 square feet (4645m2) of undivided area.
(4) Section 910.2.2 of the California Fire Code is amended, to read:
910.2.2 High-piled combustible storage. Smoke and heat removal required by Table 3206.2 for buildings and portions thereof containing high—piledcombustible storage shall be installed in accordance with Section 910.3 in unsprinklered buildings. In buildings and portions thereof containing high—piledcombustible storage equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, a mechanical smoke and heat removal system shall be installed in accordance with Section 910.4. In occupied portions of a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 where the upper surface of the story is not a roof assembly, a mechanical smoke removal system in accordance with Section 910.4 shall be installed.
(g) The following section of Chapter 11 of the San Bernardino County Fire Protection District Fire Code is added, as follows:
(1) Section 1103.2 is added to the San Bernardino County Fire Protection District Fire Code, to read:
1103.2 Emergency responder communication coverage in existing buildings.
R-3, that do not have approved in—building,two—way
based on existing coverage levels of the public safety communication system, shall be equipped with such coverage-according to Section 510.1. 37
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(h) The following sections of Chapter 28 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Section 2808.3 of the California Fire Code is amended, to read:
2808.3 Size of piles. Piles shall not exceed 12 feet (3657 mm) in height, 150 feet (45 270mm) in width and 250 feet (76 200 mm) in length. Stackable products shall not be stacked in excess of 12 feet (3657 mm) in height, 80 feet (24 384 mm) in width and 250 feet (76 200 mm) in length.
(2) Section 2808.7.1 is added to the San Bernardino County Fire Protection District Fire Code, to read:
2808.7.1 Pile fire protection, public water supply. The operator shall provide and maintain approved fire hydrants and waterline mains as required by the fire code official. Water lines may be approved aboveground lines supplied from a reliable water supply with adequate protection against impact and fire flow reaction. Hydrant spacing shall be at 400—footintervals along primary fire access roadways. Fire flow at each hydrant shall be least 1,000 gallons per minute at 20 psi. Duration of the required fire flow shall be not less than two hours.
(3) Section 2808.7.2 is addedto the San Bernardino County Fire Protection District Fire Code, to read:
2808.7.2 Pile fire protection, private water supply. Above—groundwater storage tanks may be installed when authorized by the fire code officialwhere public water supply flow shall be as determined by the current edition of NFPA 1142. (4) Sections 2810.1 through 2810.11 of the California Fire Code, is amended, to read: 38
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SECTION 2810
OUTDOOR STORAGE OF PALLETS AT PALLET MANUFACTURING ANDIOR
RECYCLING FACILITIES
2810.1 General. The outside storage of wood pallets and wood composite pallets on the same site as a palletmanufacturing and/or recycling facility shall comply with Sections 2810.2 through 2810.11 and San Bernardino County Fire Protection District Fire Prevention Standards.
2810.2 Site plan. Each site shall maintain an approved site plan that includes a general description of the property, the boundaries of the lot, the size and location of buildings, and all of the following:
1. Utilities.
2. Type of construction and presence of sprinkler protection for all buildings on the site.
3. Locations of all fire hydrants and any other water supply sources for firefighting purposes.
4. Locations of any hazards (e.g., flammable liquids, welding, LP gas tanks, and hazardous material storage areas).
5. Location of pallet storage and any other combustibles on the site. 6 Equipment protected with a dust collection system.
7. Fire apparatus access roads.
8 Designated smoking areas.
9 Location of fire alarm control panels.
2810.3 Fire prevention plan. The owner or owner's authorized representative shall prepare
2. Hot work permit program in accordance with Chapter 35. 3. Preventative maintenance program for equipment associated with pallet activities 39
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4. Inspection, testing and maintenance of fire protection systems in accordance with Chapter 9.
2810.4 Fire safety emergency evacuation plan. The owner or owner’s authorized representative shall prepare and train employees in an approved fire safety and emergency evacuation plan in accordance with Chapter 4. 2810.5 Security management plan. The owner or owner’s authorized representative shall prepare a security management plan based on a security risk assessment and shall make the plan and assessment available to the fire code official upon request.
2810.6 Clearance to property line. Stacks of pallets shall not be stored less than 20 feet (6096 mm) of the property line or shall comply with Section 2810.11. 2810.7. Clearance to buildings and storage. Stacks of pallets shall not be stored less than 20 feet (6096 mm) from any building or combustible structure on site, or shall comply with Section 2810.11. Pallets shall not be stored under eaves, canopies or other projections or overhangs of buildings except where protected by an automatic sprinkler system.
2810.8 Size and Height. Pallet stacks shall be arranged to form stable piles.
Individual pallet piles shall cover an area not greater than 400 square feet (37 m2).Pallet stacks and piles shall not exceed 16 feet (4876 mm) in height. 2810.9 Fire hydrant spacing and flow. Fire hydrants shall be located at each entrance to the facility and at locations onsite as determined by the fire code official. Fire flow requirements for the site shall be based on a risk analysis and assessment performed by a California licensed fire protection engineer and approved by the code official. All water supply sources for fire—fighting shall be 2810.10 Portable fire extinguishers. A4A40BC portable fire extinguishers shall . be provided within 75 feet (22 860 mm) of any pallet stack or manufacturing area(s). 2810.11 Alternative approach. Where approved by the fire code official, pallet 40
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stacks located closer to a property line or structure than as required by Sections 2810.6 and 2810.7 shall be provided with additional fire protection including, but not limited to, the following:
1. The storage yard areas and material handling equipment selection, design and arrangement are based on anapproved risk assessment.
2. Automatic fire detection that transmits an alarm to a supervising station in accordance with National Fire Protection Association Standard 72.
3. Fire apparatus access roads around all storage areas. (i) The following sections of Appendix B of the San Bernardino County Fire Protection District Fire Code are added or amended as follows:
(1) Table B‘|O5.2 of the California Fire Code is amended, to read:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4-BUILDINGS AND TOWNHOUSES
AUTOMATIC MINIMUMFIRE-FLOW FLOW DURATION
SPRINKLER SYSTEM
(Design Standard)
(gallons per minute) (hours)
Value in Table B105.1(2) Duration in Table B105/l(2) No automatic sprinkler system
50% of the value in Table Section 903.3.‘l.1 of the Duration in Table B105.1(2) at 50% of the value in Table B105.1(2)b Section 9033.12 of the Duration in Table B105.1(2) at California Fire Code the reduced flow rate 41
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a. Thereduced fire—flowshall be not less than 1,000 gallons per minute.
b. The reducedfire—flowshall be not less than 1,500 gallons per minute.
(j) The following sections of Appendix C of the San Bernardino County Fire Protection District Fire Code are added or amended as follows:
(1) Section C102.1 of the California Fire Code is amended, to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to provide fire protection to a building shall be determined according to the spacing requirements in Section C103.
(2) Section C103.2 of the California Fire Code is amended, to read:
C103.2 Average Spacing. The average spacing between fire hydrants shall be 300 feet (91 m) apart in industrial, commercial and multifamily development, and 600 feet (183 m) apart in all single family development. Fire hydrants shall comply with the San Bernardino County Fire Protection District Fire Prevention Standards.
Exception: The average spacing shall be permitted to be increased by 10 percent where existing fire hydrants provide all or a portion of the required fire hydrants.
(3) Section C103.3 of the California Fire Code is adopted into the San Bernardino County Fire Protection District Fire Code and amended, to read:
C103.3 Maximum Spacing. The maximum spacing between fire hydrants shall be allowed to be up to 1000 feet (305 m) with the approval of the fire code official where protecting only incidental hazards and not structures.
4. Referenced Standards. The standards referenced in this Code shall be those that are listed in Chapter 80. Such standards shall be considered part of the requirements of this Code to the 42
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prescribed extent of such reference. Where conflicts occur between provisions of this Code and referenced standards, the provisions of this Code shall apply. The fire code official may issue San Bernardino County Fire Protection District Fire Prevention Standards for informational purposes in clarifying and interpreting provisions of the California Fire Code, its amendments, and referenced standards.
5. Conflicting Provisions.
Where there is a conflict between a general requirement and a specific requirement, the fire code official shall determine which requirement meets the intent of this Code. Provisions ofthe California Code of Regulations that are included in this Code specifically or by reference shall prevailexcept where this Code contains a more restrictive requirement.
6. Validity and Severability.
This Code shall not be in conflict with state or federal law. If any section, subsection, sentence, clause or phrase of this Code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Code are severable.
7. No Liability or Warranty.
San Bernardino County, the San Bernardino County Fire Protection District, any city, town or district that ratifies this ordinance, and their employees or agents shall not be held liable for any act or omission to act done in good faith and reliance upon state law, or the ordinance, codes, standards, interpretations, policies or procedures ofthe San Bernardino County Fire Protection District. Neither San Bernardino County, the San Bernardino County Fire Protection District, nor any city, town or district that ratifies this the guarantor of proper performance by, any person or entity holding any license, permit, certificate, registration, privilege or other entitlement from the District. 8. Authority — General. 43
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The fire code official shall implement, administer, and enforce the provisions of this Code and shall have the authority to render interpretations of this Code. The fire code official shall also have the authority to adopt policies, procedures, rules and regulations in order to clarify the application of this Code. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent of this Code.
9. Authority at Fires or Other Emergencies.
(a) The Fire Chief/Fire Warden, fire code official or any officer of the San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency involving the protection of life or property shall have the authority to direct operations as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks, or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such authority, the Fire Chief/Fire Warden, fire code official or officer is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove or cause to be removed, or keep away from the scene any person, vehicle, vessel or thing which could impede or interfere with the operations of the fire department.
(b) The Fire Chief/Fire Warden, fire code official or officer ofthe San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency is authorized to place ropes, tape, flagging, barricades, guards or other obstructions across any street, alley, place, driveway or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful operations of the fire department to manage and control the situation and to allow the safe operation of fire, rescue and (c) County Fire Protection District in charge at the scene of a fire or other emergency is authorized to disconnect or authorize disconnection of utility service to any building, structure, vehicle or system in order to safely execute emergency operations or to 44
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eliminate an immediate hazard.
10. Authority to Inspect, lssue Notices and Administrative Citations or Abate a Hazardous Condition.
(a) Whenever it is necessary to make an inspection to enforce the provisions ofthis Code, or whenever the fire code official has reasonable cause to believe that there exists in a building or premises any conditions or activity requiring a permit authorized by this Code, or reasonably believes that there are any violations of this Code which make a building, premises, condition or activity unsafe, dangerous or hazardous, the fire code official and those personnel designated by the fire code official are authorized to enter, at all reasonable times, upon any property, premises, enclosure, structure, vehicle or vessel within the San Bernardino County Fire Protection District to determine whether the building, property, premises, enclosure, structure, vehicle, vessel, condition or activity is in compliance with this Code, or whether a violation of this Code has occurred or is occurring, and to make any inspection as may be necessary in the performance of their enforcement duties, to issue a Notice of Correction, Notice of Violation or to issue a Stop Work Order or citation.
(b) The fire code official and those persons designated by the fire code official are authorized to take photographs, samples, or other physical evidence, and make video and/or audio recordings. Allsuch entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent, employee, or representative thereof, refuses permission to enter and/or to inspect, the District may seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure sections 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto. are authorized to investigate, detain, and issue criminal or administrative citations for any violation of this Code or of the provisions of any code or standard adopted and incorporated by reference by this Code. 45
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\ l'\) O ._x l\.) l\) O) l\J l\) A l\) 01 l\) (D l\) \l 03IO (d) Any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the fire hazard abatement provisions of Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section 23.0301.
When a fire hazard or hazardous condition constitutes an immediate threat of harm to public health and safety, the fire code official may take or cause emergency abatement of such hazard with notice to parties concerned, or without notice, as the particular circumstances reasonably allow.
11. Closure of Public and Private Lands.
When it is determined by the fire code official that conditions exist on public lands within a Wildfire Risk Area that present an immediate, exceptional, or continuing danger, the Fire Chief/Fire Warden is authorized to close the affected areas and prohibit the entry of the general public. Prior to closure of private property, notification of the closure shall be made to any concerned property owners and consent obtained. Upon closing and prohibiting entry to public lands, signs shall be posted at the entry points of the affected areas indicating that the area is closed due to the existence of dangerous conditions and that entry is prohibited. Prior to closing and prohibiting entry to any State or Federally controlled lands, notification shall be made and consent obtained from the Director of Forestry and Fire Protection (CalFlRE) or U.S. Forest Service, as appropriate. Any public highway traversing such a closed area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state or county officer upon the closed area in the performance of his official duties. All state and county law enforcement officers shall enforce the order of closure. (a) Itshall be unlawful for any person or entity to deny access to, interfere with, prevent, restrict, obstruct, or hinder employees or agents of the San Bernardino County Fire Protection District acting within the scope of their duty. 46
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(b) Itshall be unlawful for any person to render a system or device inoperative during an emergency unless by direction of the Fire Chief/Fire Warden, fire code official or officer of the San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency.
13. Official Records.
The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, or in accordance with San Bernardino County Fire Protection District Operations Directive 1300 and the Special Districts Records Retention Schedule, whichever is greater.
14. Permits Required.
A permitis required to conduct any operation or business, or to install or modify systems or equipment regulated under Section 105 of the California Fire Code.
Application shall be made to the fire code official prior to obtaining permits. Permit fees shall be paid prior to the issuance of the permit.
15. Fees.
(a) Fees shall be required and paid pursuant to a fee schedule established by action of the Board of Directors for any permit, license, inspection, plan or technical review, related work or services required pursuant to this Code. Any fees charged shall not exceed the actual costs of providing said work or services. (b) Any person who conducts any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 prior to obtaining said permits shall be subject to an additional fee, which shall be addition to the required permit.
— Extensions. (a) An application for a permit for any proposed work or operation and its associated fee shall be deemed to have been abandoned if:(i)the applicant fails to submit 47
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any required documentation within 180 days after the date application or plans have been returned by the District for correction; or (ii) the applicant fails to obtain a permit within 180 days after the date the District has approved the application and has sent such notification of approval to the applicant. The fire code official is authorized to grant one or more extensions for a period not to exceed 90 days to submit such documentation or corrections, or to obtain a permit from the District. All requests for extension shall be made, in writing, by the applicant priorto abandonment and shall providejustifiable cause to extend the application review period.
(b) Permits issued under the provisions of this Code shall remain in effect as follows:
(1) Operational permits shall remain in effect for a period of time as specified in the permit, not to exceed oneyear from issuance or until revoked. (2) Construction permits shall automatically expire and become invalid unless the work authorized by such permit is commenced within ‘I2months after its issuance, or ifthe work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the District has occurred within ‘I2months of any previous inspec?on.
(3) After a construction permit becomes invalid or expired and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or not exceeded one Permits which have been expired for one year submittal of plans and review. (4) Notwithstanding any other provision of law, construction permits that have expired and are renewed are subject to any new applicable codes as would be 48
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required for a new project.
(0) A permittee holding an unexpired construction permit shall have the right to apply for an extension of the time withinwhich the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permittee in writing and justifiable cause shall be demonstrated.
17. Permits Not Transferable.
(a) For operational permits, any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued.
'(b) Pursuant to Business and Professions Code section 7031.5, only a contractor, licensed by the State of California to perform the type of work proposed in the permit application, may apply for and be issued a construction permit required pursuant to Section 105.6 et seq. of the San Bernardino County Fire Protection District Fire Code.
Any change of contractor named to conduct the permitted work shall require that a new permit be issued.
Excep?ons:
1. Owner—Buildersintending to occupy the single—familydwelling in which they obtain a permit to install a fire protection system ifthey have not constructed more than two such dwellings in the past year pursuant to Business and Professions Code Section 7062.12.
2. Public agencies and those public utilities exempted pursuant to Business and Professions Code section 7040 et seq.
The fire code official is authorized to revoke a permit issued pursuant to Section 105 of the San Bernardino County Fire Protection District Fire Code when it is found by inspection or otherwise that conditions including, but not limited to, any one of the 49
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following occurred:
(a) The permit is used for a location or establishment other than that for which itwas issued;
(b) The permit is used for a condition or activity other than that listed in the permit;
(c) Conditions and limitations set forth in the permit have been violated; (d) There have been any false statements or misrepresentations as to the material fact in the application for permit or plans submitted or a condition of the permit; (e) The permit is used by a different person or firm than the name for which it was issued;
(f) The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code withinvthetime provided therein; or
(g) The permit was issued in error or in violation of any state or federal law, local ordinance, regulation, this Code.
19. Operation or Construction Without a Permit or With an Expired or Revoked Permit.
Itshall be unlawful for any person to operate or allow the operation of any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 of the San Bernardino County Fire Protection District Fire Code when said permits have not been obtained or said permits have expired or have been revoked.
20. Issuance of Stop Work Orders.
business, construction, work or use of equipment to immediately cease whenever it is found that such activity, business, construction, work or use of equipment is being performed in a manner in violation of this Code or in a dangerous or unsafe manner. (b) A stop work order shall be issued in writing and shall be given to the
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permittee or his agent, or to the person conducting the activity, business, construction, work or use of equipment if no permit has been issued. The stop work order shall state the reason for the order and the conditions under which the stopped activity, business, construction, work or use of equipment may resume.
(C) A device, tag or seal preventing the use of equipment in violation of this Code or posing a hazard may be affixed to the equipment at the time a stop work order isissued.
(d) The fire code official may immediately abate or cause to be abated any overcrowding situation, or remove or cause to be removed any obstructions in aisles, passageways or other means of egress, including the cutting or removing of locks, chains or other means of sealing or blocking exits.
(e) Where an emergency or potential emergency exists, the fire code official shall not be required to give written notice prior to stopping the work, abating an overcrowding situation or removing an obstruction that would prevent immediate egress in the event of an emergency.
(f) Upon issuance of a stop work order, the non—compliant, dangerous or unsafe activity, business, construction, work or use of equipment, overcrowding situation, or egress obstruction shall immediately cease or be abated.
21. Failure to Comply with a Stop Work Order.
Itshall be unlawful for any person to continue any activity, business, construction, work or use of equipment after being issued a stop work order, except such work as that person is directed to perform by the fire code official to remove a violation or unsafe condition.
Service of Notices and Orders.
manner:(a) If a permittee or his agent, or the person conducting the activity, business, construction, work or use ofequipmentor other responsible party is present at the scene 51
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of the violation, the notice or order shall be issued by personal service. (b) if the responsible party is a business, and the business owner is on the premises, the notice or ordershall be personally served to the business owner. If the business owner is not on the premises and the only responsible party that can be located is the manager or on—sitesupervisor, the notice or order may be issued in the name of the business and a copy given to the manager or on—sitesupervisor. A copy of the notice or order shall also be mailed to the business owner by certified mail, return receipt requested, and by first class mail. if a copy of the notice or order that is sent by certified mail is returned by the United States Postal Service unsigned or marked “unclaimed” and/or "refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.
(c) If a responsible party cannot be located at the premises or the activity, business, construction, work or use of equipment is located at an unattended or abandoned site, then a copy of the notice or order shall be posted in a conspicuous place on or nearthe site or equipment, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to each responsible party at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership of the property or equipment that is the subject of the notice or order. if the copy of the notice or order sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked “unclaimed" and/or “refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (d) The failure of any responsible party to receive a copy’ of the notice or order not validity of the or order.
23. It shall be unlawful to mutilate, destroy or tamper with or remove without authorization any notice, order, tag, sign, or seal posted or affixed by the fire code official. 24. Overcrowding Unlawful. 52
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it shall be unlawful for any person to allow overcrowding or admittance of any person beyond the approved capacity of a building or portion thereof. The fire code official, upon finding any overcrowding conditions, shall authorize the event to be stopped and to cause the removal of excess occupants from the building until such condition is corrected.
25. Obstructed Egress Unlawful.
It shall be unlawful for any person to obstruct any aisle, passageway or other means of egress, or to lock, chain, bar or otherwise block any required means of egress.
The fire code official, upon finding any obstructions in aisles, passageways or other means of egress, shall be authorized to cause the removal of occupants from the building and the subsequent securing of the building from entry of any authorized person until such obstruction is corrected.
26. Open Fires and Other Outdoor Fires.
(a) General. It shall be unlawful for any person to kindle, or maintain an open fire, or for a person to allow an open fire to be kindled or maintained on their property, except in accordance with the provisions of this Code.
(b) Permit Required. When required by this section, a permit shall be obtained from the fire code official in accordance with Section 105.6 of this Code prior to kindling any open fire. Permits shall be issued to the owner of the land on which the fire is to be kindled or with written permission from the owner.
(c) Prohibited Open Fires and Outdoor Fires. it shall be unlawful to kindle, or maintain, or to allow to be kindled or maintained the following open fires within the jurisdiction of the San Bernardino County Fire Protection District:
Exception: The following activities conducted by a law enforcement fire hazards, or disposal of explosives or contraband. (1) Any open fire that is offensive or objectionable because of smoke emission, ember production, or when local atmospheric conditions or circumstances 53
.4. (D(OCD\JO3U‘l-l>(J0l\J
make such fires hazardous.
(2) Any open or other outdoor fire in which any hazardous waste, biological or infectious wastes, construction debris, trash, coated or treated wood, plastic, rubber, or any other manufactured materials or combustible waste materials are burned. (3) Any open fire using a portable incinerator or “burn barrel" as prohibited pursuant to Title ‘I7of the California Code of Regulations, section 931 13(c)(2), metal drums, salvaged appliance parts, or similar devices not intended for use with an open fire.
(4) Open fires on a No Burn Day as declared by the Air Quality Management District (AQMD) in which the burning willoccur. (5) Open fires when a Red Flag Warning or Fire Weather Watch is in effect for the location in which the fire is to be kindled. (6) Open fires and outdoor fires on any property within a Wildfire Risk Area as defined in Section 202 of this Code.
Exceptions:
burning of Russian Thistle (A)
(tumbleweeds) in accordance with Rule 444 of the AQMD and when permitted by the fire (Agricultural burning or
code official
(B) Recreational fires, barbecues, and barbecue pits fueled solely by liquified petroleum gas or natural gas.
(C) Bonfires, barbecues, barbecue pits, and recreational fires within an organized camp or in non-residential areas with the approval of the fire code official.
spark arresting screen covering. (7) When local sustained winds exceed 10 miles per hour. (8) Within the boundaries of a State Responsibility Area, including private property, in violation of any requirements or burn restriction imposed by the 54
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California Department of Forestry & Fire Protection (Cal Fire). (9) Within the boundaries of the San Bernardino National Forest, including private property, in violation of any requirement or burn restriction imposed by the U.S. Forest Service.
(10)
land, including private property, in violation of any requirement or burn restriction imposed by BLM.
Within the boundaries of the Bureau of Land Management (BLM) When the fire code official has determined that local atmospheric or (11) other conditions present an increased risk of an escaping fire or other hazardous situation.
(d) Extinguishment Authority. The fire code official is authorized to orderor cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit when such a permit is required, or is conducted in violation of such permit or in violation of this Code.
(e) Specific open fire requirements. Open fires as defined in this Code shall meet the following requirements.
(1) Agricultural burning, residential burning, and open burning of Russian Thistle (tumbleweeds).
(A) Prior to applying for a permit to conduct the open fire, any written authorization or permit required by Rule 444 of the AirQuality Management District (AQMD) for the area in which the burning will occur must be provided to the fire code official.
(B) A permit shall be obtained from the fire code official prior to (C) Burning shall only be commenced and shall be completed within the periods specified in Rule 444 of the AQMD in which the burn willoccur. (D) Fires shall be located according to the following: 55
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1. Not less than 50 feet from any structure or combustible materials.
2. At the property for which the permit is issued.
(E) Burn Piles shall be in accordance with the following:
1. Piles shall not exceed 4 feet in widthor4 feet in height.
2. Piles shall be separated by a minimum of 10 feet.
3. Piles shall not be placed in a pit or depression.
(2) Bonfires.
(A) A permit for a bonfire shall be obtained from the fire code official prior to kindling the fire.
(B)
from any structure or combustible materials.
A bonfire shall not be kindled or maintained less than 50 feet (3) Recreational fires.
(A) Recreational fires shall be maintained a minimum of 25 feet from a structure or combustible materials.
Exception: Recreational fires fueled solely by liquefied petroleum gas or natural gas.
(4) Portable outdoor fireplaces.
(A) Portable outdoor fireplaces shall not be kindled or maintained within 15 feet of a structure or combustible materials. (B)
shall have an approved, listed spark arresting screen covering. (C)
Portable outdoor fireplaces used within a Wildfire Risk Area Portable outdoor fireplaces shall not be used on any
which is part of a multi—familydwelling such as
or by an automatic fire sprinkler system. (5) Barbecues and Barbecue Pits. (A) Barbecues shall not be operated on combustible decks or 56
.4 ©(OCX)\.|O50'I-l>-(»Jl\)
balconies of a multi—familydwelling such as apartments, townhomes, or condominiums unless buildings and overhangs are protected by an automatic fire sprinkler system.
Exception: Liquefied petroleum gas fueled cooking devices when fuel containers have a water capacity not greater than 2 ‘/2pounds (B) Barbecue pits shall not be kindled or maintained within 25 feet of a structure or combustible materials.
(f) Attendance. All open fires shall be constantly attended by a responsible adult, 18 years of age or older, until the fire is completely extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4—Arating or other approved on—sitefire—extinguishingequipment such as dirt or sand with a shovel, water barrel, hose attached to a working water source, or water truck, shall be available for immediate utilization.
(g) Hot ash and ember disposal. Hot ashes and embers from any open fire, barbecue or fireplace shall be placed only in a covered metal or other non—combustible receptacle after being thoroughly cooled with water. At no time shall ashes or embers be deposited in the trash or on the ground, or placed on a combustible surface until it is confirmed that the ashes or embers are no longer hot to the touch. Receptacles containing hot ashes and ember shall have a minimum required separation distance of feet (610 mm) to buildings or other combustible materials.
27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors. (a) It shall be unlawful for any person to manufacture, store, possess, handle, sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic, Rocket or Rocket Motors except in accordance with this Code. (b) The storage of explosives and blasting agents is prohibited in residential areas, except pursuant to California Fire Code Chapter 56 and as permitted by the San Bernardino County Sheriff’s Department under Title 4, Division 5 of the San Bernardino County Code. 57
% ©©CX)\lO3O‘I-I>-(aJI\)
(c) Unless otherwise permitted, the possession, storage, use, sale‘ and handling of any fireworks is prohibited within the San Bernardino County Fire Protection District.
Exception: The possession, storage, sale, handling and use of fireworks complying with California Code of Regulations, Title 19, and labeled “Safe and Sane” by the California State Fire Marshal, as permitted by local ordinances or Municipal Codes within incorporated cities or towns.
(d) The fire code official and his designees are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or held in violation of any state or local laws and ordinances. (e) The use of model and high—powerrockets is prohibited within Wildfire Risk Areas as defined in San Bernardino County Fire Protection District Fire Code Section 202 (as amended) except as permitted by the San Bernardino County Fire Protection District. (f) Permits shall be required as set forth in San Bernardino County Fire Protection District Fire Code section 105.6.15 (as amended) and regulated in accordance with this section. Permits shall be obtained from the San Bernardino County Fire Protection District and the San Bernardino County Sheriff's Department in accordance with Title 4, Division 5, Chapter 2, Section 45.021 of the San Bernardino County Code to:
1. Manufacture, possess, store, sell, display or othenNise dispose of explosive materials at any location;
2. Transport explosive materials;
materials;
5 Transport blasting caps or electric blasting caps on the same vehicle with explosives. (g) Whenever a new explosive material storage or manufacturing site is 58
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established, including a temporary job site, the local law enforcement agency, fire department, and local emergency planning committee shall be notified by the person establishing the site 48 hours in advance, not including Saturdays, Sundays and holidays, of the type, quantity and location of explosive materials at the site. (h) The fire code official is authorized to cause to be removed or disposed of by trained explosives personnel, at the expense of the owner, explosives or explosive materials offered or exposed for sale, stored, possessed or used in violation of this chapter.
(i) Prior to conducting a public fireworks display, a permitshall be applied for as specified in Section 105.5.42 from the San Bernardino County Fire Protection District, permit fees shall be paid, and plans for the display, inspections of the display site and demonstrations of the display operations shall be approved. A plan establishing proceduresto follow and actions to be taken in the event that materials fail to ignite, discharge, or otherwise fail to function over the fallout area shall be provided to the fire code official.
28. Prohibited Storage of Flammable and Combustible Liquids.
The storage of flammable and combustible liquids in outside above—ground unprotected tanks and below—grade vaulted tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the fire code official determines that the installation of flammable and combustible liquid above—ground storage tanks or below—gradevaulted tanks willcreate a hazard to occupants and property owners in the area. Deviation from these requirements may be allowed only upon specific documented findings by the fire code official.
Storage Petroleum Gases.
The of petroleum gases shall not exceed 2,000 water gallons in residential areas. In non- residential areas, when, in the opinion of the fire code official, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, 59
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the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000 water gallons. The fire code official shall be guided by the appropriate City or County Development Code when permitting the storage of liquefied petroleum gas in excess of 2,000water gallons at any one installation.
30. Prohibited Storage of Flammable Cryogenic Fluids.
Pursuant to Section 5806.2 of the San Bernardino County Fire Protection District Fire Code, flammable cryogenic fluids shall not be stored, dispensed or used unless a written plan, submitted by a Fire Prevention Engineer, licensed by the State of California, detailing engineering controls for preventing fires and explosions is approved by the fire code official.
31. Transport Vehicles and Trailers Storing Hazardous Materials. (a) Compliance. Any transport vehicle with a trailer, such as a tank, vessel, or other container, attached and used forthe purposes ofstoring and transporting hazardous materials or hazardous waste as defined by this Code, upon being at a facility or property for more than 30 days, or when such trailer has been detached from its mode of transportation, or when the driver of such a vehicle is not carrying active shipping papers as regulated by the California Department of Transportation (DOT) en route to another destination, shall comply with the provisions of this section. (b) General. Transport vehicles and trailers that contain less than or equal to the maximum allowable quantities as set forth in Section 5003 of the San Bernardino County Fire Protection District Fire Code for each specific material shall comply with the requirements of Chapter 50 of the San Bernardino County Fire Protection District Fire Code, as well as any other applicable regulations as part of a facility. Transport vehicles more than the maximum allowable quantities as set forth in of the San Bernardino County Fire Protection District Fire Code of this Code, as well as any other applicable regulations relevant to a facility. The use, dispensing and handling of any hazardous materials from transport vehicle trailers shall be prohibited unless 60
4. (DG)CD\lO‘)U'|-l>(.a0l\.)
approved in writing by the fire code official.
(c) Submittals. Transport vehicles and associated trailers shall comply with the requirements of Section 5001 .5.1 for Hazardous Materials Management Plan (HMMP) and Section 5001.52 for Hazardous Materials Inventory Statement (HMIS) as part of a regulated facility. These documents shall be submitted to the Office of the Fire Marshal of the San Bernardino County Fire Protection District.
(d) Prohibited Areas. Transport vehicles or detached trailers storing hazardousmaterials shall not be left stationary at any time within 500 feet (152 m) of a residential area, apartment or hotel complex, educational facility, hospital or care facility.
Transport vehicles and trailers shall not be left unattended at any other place that would, in the opinion of the fire code official, pose an extreme life safety hazard.
32. Shared Emergency and Fire Apparatus Access Roads.
Emergency and fire apparatus access roads passing through multiple parcels shall comply with the following requirements:
(a) Each owner of real property through which a shared emergency access road passes shall record an easement, running with the land, with the deed of each affected property allowing reciprocal access to and from other properties and for emergency access.
(b) Each owner of property upon which the easement shall pass shall provide a notarized covenant agreeing to provide an emergency access road through each property and to maintain that access road in accordance with the statutes, regulations and standards applicable at the time the easement was recorded forfull term of ownership of the property.
(c) Each owner of property through which the easement shall pass shall Protection District, its successors and the County of San Bernardino of any liability for any inability to provide fire suppression or emergency medical aid due to lack of access and shall further stipulate that the San Bernardino County Fire Protection District, its 61
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successors and the County of San Bernardino shall not be party to any criminal, civilor administrative action relating to the maintenance of the easement unless the action’is brought forth by the District, its successors, or the County.
33. Violations — General.
Itshall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any requirement of this Code or of the provisions of any code adopted and incorporated by reference by this Code.
34. Continuing Violations.
Each and every day, and any portion of which, any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code is committed, continued, or permitted shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Code.
35. Acts including Causing, Aiding and Abetting.
Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.
36. Enforcement — Purpose and Remedies.
The Board of Directors of the San Bernardino County Fire Protection District has determined that the enforcement of the Ordinances of the San Bernardino County Fire Protection District (also known as the San Bernardino County Fire Protection District Code) throughout the County is an important public service and is vital to the protection of the public’s health, safety, and quality of life. The Board of Directors has determined a need for alternative methods of code enforcement and that a comprehensive system is necessary. At the discretion of the District, violations of this Code may be addressed action, a civil action, or an administrative action
37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive. All remedies and penalties provided for in this Code shall be cumulative and 62
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discretionary and not exclusive of other applicable provisions of this Code or other applicable State law. The conviction and punishment (whether by fine, imprisonment, or both) of any person hereunder pursuant to a criminal action, or the imposition of a monetary administrative penalty pursuant to an administrative citation, shall not relieve such person from the responsibility of correcting, removing, or abating the violation; nor prevent the enforced correction, removal, or abatement thereof by the District, its employees, agents, or representatives. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established in this Code. Further, the procedures established in this Code for the use of administrative citations, and the procedures established in other titles and chapters of this Code for administrative abatement and summary abatement as means for addressing violations ofthis Code shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code. The use of this chapter shall be at the sole discretion of the District. in the exercise of such discretion in selecting an appropriate code enforcement remedy, the District shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another.
38. Criminal Actions.
(a) Criminal penalties for violations. Any person violating this Code or of the provisions of any code adopted and incorporated by reference by this Code, unless as specified for certain sections or for sections within a certain chapter, shall be (1) Misdemeanor violations. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called “no contest”), the penalty shall be a base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in 63
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the County jail for a period of not more than six months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.
(2) Infraction violations. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so prosecuted, or where specified in a section or chapter of this Code that the violation of a certain section or sections shall be an infraction, then that shall be the type of offense and each such violation shall be punishable, except as othenNise provided herein, upon conviction or upon a plea of nolo contendere (commonly called “no contest"), by: (1) a base fine not exceeding $100.00 for a first violation; (2) a base fine not exceeding $500.00 for a second violation of the same Code section within one year; and (3) a base fine not exceeding $1 ,000.00 for each additional violation ofthe same Code section within one year of the first violation. Any court costs that the court may othenNise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Government Code section 25132).
(b) Criminal citations.
(1) if any person is arrested by a District Investigator or any other peace officer or Enforcement Officer authorized to enforce this Code for a violationof any provision of this Code, whether punishable as misdemeanor or as an infraction, and such person is not immediately taken before a magistrate, when authorized by and as more fully set forth in the Penal Code of California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and address of such person, the and where and when such person shall appear in
(2) The place specified in the notice to appear shall be the Court of a magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate we-re complied with, or shall be an officer authorized 64
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by such Court to receive a deposit of bail.
(3)
' The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.
(4) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his or her judgment, in accordance with the provisions of Penal Code section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Penal Code section 8‘l5a. The defendant may, prior to the date upon which he or she promised to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, ifthe defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceeding shall be had in such case.
(5) Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Penal Code section 1463.
(6) No warrant shall issue on such charge for the arrest of a person who has given such promise to appear in Court, unless and until he or she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to as required by law.
When a place specified in the written promise to appear, and has not posted bail as provided in Penal Code section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his failure to appear as promised; or if 65
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such person promises to appear before an officer authorized to accept bail, other than the magistrate, and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (8) Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.
39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. (a) District Investigators designated by the Fire Chief/Fire Warden are peace officers pursuant to California Penal Code section 830.37(a):
(1) District Investigators shall have full peace officer powers pursuant to that Section and shall investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.
(2) District Investigators are authorized to wear and carry authorized firearms, conduct investigative detentions, issue criminal citations and to make arrests pursuant to California Penal Code section 836 for any violation of state law, or violations of this Code or any other referenced code or regulation and to obtain and execute warrants, and to seize and take charge of all physical evidence relating to the fire cause or other crime or circumstance being investigated.
40. Civil Actions.
(a) lnjunctive relief and abatement. At the request of any person authorized to enforce this Code, the County Counsel or District Attorney may commence proceedings forthe abatement, removal, correction and enjoinment of any act or omission or of the provisions of any
and Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil 66
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penalties and/or abatement costs.
(b) Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or othen/vise, who violates any provision of this Code, or any permit issued pursuant to this Code or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and any corrective action taken by the violator.
(c) Attorney’s fees. In any civil action, administrative proceeding (excluding administrative citations issued pursuant to Sections 41, 42, 43 or 44), or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney's fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorneys fees incurred by the District in that action or proceeding.
41. Administrative Citations and Penalties - General.
(a) Any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code is subject to enforcement through the issuance of and accordance with Government Code section
Code not occurring in the presence of the District Investigator or Enforcement Officer issuing the citation where the issuing officer determines through investigation that the responsible party committed, caused, allowed, or is othenNise responsible for the 67
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._\ % _x(D l\) C _xl\) l\) l\) (.0 «[5 l\) l\>01 l\) O) |\)\l l\>oo violation. The following procedures shall govern the imposition, enforcement, collection, administrative review, and judicial review of administrative citations and penalties. (b) Definitions. For the purposes of this Code, certain words are defined as follows:
(1) “Abatement costs” shall mean any and all costs or expenses reasonably related to the abatement or removal of conditions which violate any provision of this Code or the correction of such violation, and shall include, but not be limited to, enforcement, investigation, collection, administrative costs, and attorney’s fees. (2) “Administrative costs” shall mean all costs incurred by or on behalf of the District from the first discovery of the violation of this Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence.
(3) “Administrative citation” shall mean a citation issued pursuant to this Code, stating that one or more violations of this Code has occurred and stating the amount of the administrative penalty to be paid by the responsible party. (4) “Ordinances of the San Bernardino County Fire Protection District," and "San Bernardino County Fire Code,” and “this Code” shall mean the Ordinances of the San Bernardino County Fire District, including all pertinent provisions of state codes as from time to time adopted and incorporated therein, enacted by the Board of Directors ofthe San Bernardino County Fire Protection District, acting pursuant to authority granted under California Health and Safety Code sections 13861, 13869, and 13869.7; or other A
(5) shall mean the County of San Bernardino, a politicalsubdivision ofthe State of California, as enacted by the State Legislature by the Statutes of California passed at the Fourth Session of the Legislature, Chapter LXXVlll,April 26, 1853.68
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(6) “District” shall mean the San Bernardino County Fire Protection District.
(7) “Enforcement Officer” shall mean any San Bernardino County Fire Protection District employee, or agent of the County or District with the authority to enforce any provision of this Code.
(8) “Person" shall mean, without limitation, any government entity, natural person, firm, association, club, organization, corporation, partnership, business, business trust, company or other entity, which is recognized by law as the subject of rights or duties.
(9) “Responsible party,” for the purpose of this Code, shall mean:
'
(A) Each person, other than a minor, who commits or causes a violation of any provision of this Code to occur, exist or continue; (B) Each person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision ofthis Code to occur, exist, or con?nue;
(C) Each person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the County of San Bernardino, within any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, or within those other cities and towns that ratify this ordinance, and who commits, causes, or othen/vise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and
(D)
and control over any parcel of real
Each person who, although not an owner, nevertheless has a property any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, or within those other cities and towns that ratify this ordinance, and who commits, causes, or othen/vise allows the 69
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violation of any provision of this Code to occur, exist, or continue on such parcel; and (E)
owner of that business entity in those cases in which the commission, occurrence, Inaddition to the business entity itself, each person who is an existence, or continuation ofthe violation of any provision ofthis Code is most reasonably attributable to that business entity and not to an employee of that business entity. (c) Content of Citation. The administrative citation shall be issued on a form approved by the San Bernardino County Fire Protection District in consultation with County Counsel. The administrative citation form may be tailored to the specific needs of the San Bernardino County Fire Protection District; however, all administrative citations shall contain the following information:
(1) The name and mailing address of the responsible party. (2) The administrative citation shall refer to the date(s) and location of the violation and the approximate time(s), if applicable, that the violation was observed. (3) The administrative citation shall identify each violation by the applicable section number of this Code and by either the section’s title or a brief descriptive caption; or by reference to the applicable permit describing the condition violated.
(4) The administrative citation shall describe the action(s) required to correct the violations.
(5) The administrative citation shall require the responsible party to immediately correct the violation where appropriate or otherwise indicate a compliance deadline date and shall explain the consequences of failure to correct the violation. (6) The administrative citation shall state the amount of the penalty on the same citation form. In
the event of multiple the each violation and the total amount of all of the penalties. (7) The administrative citation shall contain a notation box for the enforcement officer to indicate whether or not the citation is issued as a “warning only" 70
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and without penalty. The administrative citation shall also include a notation box that may be used by the enforcement officer to indicate that the penalty will be waived if the violation is corrected by the compliance deadline date indicated on the citation form. (8) The administrative citation shall explain how the penalty shall be paid and the time period by which itshall be paid, and the consequences of failure to pay the penalty within this time period.
(9) The administrative citation shall identify all appeal rights and include instructions on how to appeal the citation.
(10) The administrative citation shall contain the printed name and the signature of the enforcement officer issuing the citation and, where reasonably possible to obtain it, the signature of the responsible party (or managing employee if the responsible party is a business entity), if he or she can be located, as set forth in subsection (d) below.
(d) Service of Citation.
(1) If the responsible party is present at the scene of the violation, the enforcement officer shall attempt to obtain his/her signature on the administrative citation and shall deliver a copy of the administrative citation to him/her. (2) Ifthe responsible party is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to the business owner. Ifthe enforcement officer is unable to serve the business owner on the premises and the enforcement officer can only locate the manager or on—site supervisor, the administrative citation may be issued in the name of the business and a copy given to the manager or on—sitesupervisor. A copy of the administrative citation shall owner by certified mail, return receipt requested, and by a returned by the United States Postal Service unsigned or marked “unclaimed” and/or “refused”, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. 71
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(3) If a responsible party cannot be located at the property, then a copy of the administrative citation shall be posted in a conspicuous place on or near that property, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to all responsible parties at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership ofthe property that is the subject of the administrative citation. if the copy of the administrative citation sent by certified mail to a responsible party is returnedhbythe United States Postal Service with the mail receipt unsigned, or marked “unclaimed” and/or “refused”, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (4) The failure of any responsible party to receive a copy of the administrative citation shall not affect the validity of the proceedings. (e) Administrative Penalties
(1) General. Pursuantto California Government Code sections 53069.4 and 25132(c) and unless othenNise provided in this Code, the amount of penalty to be imposed for a violation of this Code and assessed by means of an administrative citation shall be one hundred dollars ($100.00) forthe first occurrence of a violation; five hundred dollars ($500.00) for the second occurrence of the same violation; and one thousand dollars ($1,000.00) for the third and each subsequent occurrence of the same violation.
Notwithstanding this paragraph, the amount of penalty to be assessed by means of an administrative citation may be established by resolution of the Board of Directors of the San Bernardino County Fire Protection District.
(2) Multiple Violations. Notwithstanding the tables of administrative and Negligent Alarms those violations defined as violations of this Code or any provision of a code or standards adopted or incorporated by reference by this Code occur concurrently and are addressed through the Administrative Citation process pursuant to this section, the fire code official may, at his 72
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or her discretion, assess administrative penalties in the following manner:
(A) The administrative penalty for the first and second violation occurring concurrently shall be the full penalty as defined by Section 41 (e)(1). (B) The administrative penalties for the third and subsequent violations occurring concurrently may be reduced to twenty—five($25.00) dollars per violation.
(C) This alternative penalty system shall only apply to the first occurrence within a one—yearperiod.
(3) Additional Citations. lfthe violation is not corrected within the time limits established in this section, then additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
(A) Payment of the penalty shall not excuse the failure to correct the violation nor shall it barfurther enforcement action by the San Bernardino County Fire Protection District or any other enforcement agency authorized to issue administrative citations.
(B) The penalties assessed shall be payable to the District (or to the Districts designated collection/processing agent), or to any enforcement agency authorized to issue administrative citations (or to such agency’s designated collection/processing agent) within 30 calendar days from the date the administrative c?a?onisissued.
(C) Except as provided below, any person who fails to pay to the District (or the District’s designated collection/processing agent), or to any enforcement collection/processing agent) any penalty to the on or before the date that the penalty is due shall also be liable for the payment of any applicable late payment charges as established by the Board of Directors. (D) The District may collect any past due administrative citation 73
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penalty or late payment charge by use of any available means, including without limitation, the recording of a notice of lien, describing the real property affected and the amount of the costs"and administrative citation penalties claimed by the District with the Office ofthe County Recorder. The District may transmit notice ofthe award of abatement costs and administrative citation penalties, or notice of the judgment thereon arising from a collection or other legal action, to the Treasurer/Tax Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless soonerpaid. The District may also recover its collection costs. A judgment or award of such costs, penalties or damages may also be enforced in any other manner provided by law.
(E) The District may also recover its administrative costs incurred in defending the citation at the appeal hearing.
(F) All administrative citation penalties collected pursuant to these provisions shall be deposited into specific funds maintained by or on behalf of the District exclusively for the purpose of funding the enforcement of this Code.
42. Administrative Citations and Penalties — Dangerous Fireworks, and Unlawful Use of Safe & Sane Fireworks.
(a) This section governs, and applies only to, the imposition and enforcement of administrative penalties related to the storage, possession, handling, sale, use, transportation, or public display of those fireworks classified as “Dangerous Fireworks,” and the unlawful use of Safe and Sane Fireworks.
(b) For the purposes of this Section, the term “Dangerous Fireworks” shall be defined pursuant to California Health and Safety Code section 12500, et seq. and shall section which have been modified to act in the same manner as Dangerous Fireworks. 74
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(c) The penalties enu me rated in this section shall not apply to Law Enforcement or District personnel acting within the scope of their official duties or to a pyrotechnic licensee when operating pursuant to that license. (d) The imposition of administrative penalties related to “Dangerous Fireworks” under this section shall be limited to persons who store, possess, handle, sell, use, transport, or publicly display 25 pounds or less (gross weight including packaging) of such Dangerous Fireworks. Any persons who store, possess, handle, sell, use, transport, or publicly display over 25 pounds (gross weight including packaging) of such Dangerous Fireworks may be subject to criminal action.
(e) Administrative penalties collected pursuant to this section related to “Dangerous Fireworks” shall not be subject to California Health and Safety Code section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the District shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of “Dangerous Fireworks” seized by the District, which costs willbe part of any administrative penalty imposed. Unless and until said regulations have been adopted by the state of California, the District shall hold in trust two hundred fifty dollars ($250) of any penalty collected to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the “Dangerous Fireworks.” (f) Notwithstanding the penalties defined in this Section, administrative citations issued pursuant to this section shall comply with all the requirements of Section 41 of this Code.
who violates any provision of this Code relating to the storage, _ shall be subject to the imposition and payment of an increased administrative penalty as provided, below: Administrative Penalties for Dangerous Fireworks 75
Number of Amount of Total Amount Of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $1,250.00 $125.00 $1,375.00
Second $2,250.00 $225.00 $2,475.00
Three or More $3,250.00 $325.00 $3,575.00
(h) Each person who violates any provision of this Code relating to the unlawful storage, possession, handling, sale, use, transportation, or public display of unmodified Safe and Sane fireworks shall be subject to the imposition and payment of an increased administrative penalty as provided in the table below:
Administrative Penalties for Safe and Sane Fireworks
Number of Amount of Total Amount of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $150.00 $15.00 $165.00
Second $250.00 $25.00 $275.00
Three or More $350.00 $35.00 $385.00
(i) The issuance of an administrative citation pursuant to this section shall not preclude the fire code official or any other person authorized to issue an administrative citation pursuant to this section from seizing any Dangerous Fireworks or unlawfully used Safe and Sane fireworks pursuant to this Code and California Health and Safety Code section 12721.
43. Administrative Penalties — Egregious Violations.
(a) Any person who violates Section 20 relating to Stop Work Orders, Section 23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25 relating to explosives and pyrotechnics or any other violation of this Code or of the provisions of any code adopted or incorporated by reference by this Code that_is reasonably determined by the fire code official to present an immediate or potentially 76
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immediate threat to public safety, shall be subject to the imposition and payment of an increased administrative penalty as provided in the table below:
Administrative Penalties for Egregious Violations
Number of Amount of Total Amount of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $250.00 $25.00 $275.00
Second $750.00 $75.00 $825.00
Three or More $1,250.00 $125.00 $1,375.00
(b) For the purposes of this section, each instance of a violation may be considered a separate violation subject to a separate penalty. However, multiple violations cited during a single occurrence or inspection shall not each be considered a separate occurrence incurring a higher penalty amount. EXAMPLE: During a first inspection, two required exit doors are found to be chained and the dance hall is overcrowded. An administrative citation may be issued for three (3) counts of egregious violations at $250.00 each, rather than three (3) counts each at $250.00, $750.00, and $1,250.00 respectively.
44. Administrative Remedies and Penalties For Nuisance Fire Alarms. (a) Any person identified in this section who causes or allows to be caused a nuisance fire alarm shall be subject to the remedies identified in this Section. For purposes of this section, a “nuisance fire alarm” is any fire alarm signal that has resulted in an emergency response where there is no evidence of an actual emergency. (b) An administrative penalty may be imposed against the owner of a premises on or in which a nuisance fire alarm has originated,on each occurrence after the third (0) An administrative penalty may be imposed against the owner of a premises ifthe owner fails to return proof of service/repair of the equipment within fifteen (15) days after receiving written notice from the fire code official ordering the correction of a nuisance fire alarm. 77
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(d) Ifthe fire code official determines that the nuisance fire alarm was directly caused by an onsite employee or representative of the fire alarm contractor during the course of testing, maintenance or repair, the nuisance fire alarm shall be counted against the owner of the premises.
(e) In lieu of or in addition to the administrative penalties listed above,the fire code official is authorized to order the owner of a premises to:
(A) Silence an activated fire alarm system, have corrective action taken and thereafter reset it.
(B) Disconnect or deactivate the fire alarm system until corrective actions can be taken.
(C) Institutea fire watch pursuant to Section 901.7 of this Code in the event a fire alarm system is disconnected or deactivated, until corrective action is taken.
The owner is responsible for paying all costs associated with establishing a fire watch. (f) Notwithstanding the provisions of Section 41 no administrative citation shall be imposed for the first three (3) nuisance fire alarms at the same premises during each calendar year.
(g) _ An occurrence of a nuisance fire alarm shall not result in the imposition of an administrative penalty ifthe nuisance fire alarm was caused by the malicious causes beyond the control of the owner unless the fire code official has given prior written notice to the owner to provide reasonable safeguards against additional nuisance fire alarms and the owner has failed to comply with that notice.
(h) Administrative Penalties. Any person who violates any provision of this section shall be subject to the imposition and payment of an administrative penalty as Administrative Penalties for False or Nuisance Fire Alarms Number of Amount of Total Amount of Occurrences Administrative Late Penalty in a 1-Year Period Penalty Charge Plus Late Charge Fourto Five‘ I $100.00 $10.00 F l
$110.00 78
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Eight or More $500.00 $50.00 $550.00
1. This penalty shall also apply to any occurrence of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B). 79
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45. Appeal of Administrative Citations.
(a) Notice of Appeal. Any person in whose name an administrative citation has been issued may appeal the administrative citation by filing a written notice of appeal with the District. Ifthe District has designated a processing agent, then the responsible party shall file his/her written notice of appeal with the designated processing agent. The written notice of appeal must be filed within 20 calendar days of the date the administrative citation was served in a manner set forth in subsection (d) of this section.
The written notice of appeal shall be filed together with an advance deposit, consisting of a cashier's check, for the full amount of the penalty stated on the administrative citation; unless the District has issued an advance deposit hardship waiver. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation.
(b) Advance Deposit Hardship Waiver. Any person intending to appeal an administrative citation and who is financially unable to make the advance deposit as required by this section may file a written request for an advance deposit hardship waiver with the District. A District—approved form shall be made for this purpose. The written request shall be filed with the District within 10 calendar days of the date the administrative citation was served.
(c) Advance Deposit Hardship Waiver Evaluation Procedures. The advance deposit requirement shall be stayed pending a determination by the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, that a waiver shall not be issued. The Fire Chief/Fire Warden, orthe Fire Chief/Fire Warden’s designee, may waive the advance deposit requirement and issue a waiver only if the person requesting the any supporting documents or materials, reasonably to Warden the person's actual financial ability to submit the deposit in advance ofthe appeal hearing. The filing of a written request for an advance deposit hardship waiver shall not extend the time limits for appealing an administrative citation. The Fire Chief/Fire 80
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Warden, or the Fire Chief/Fire Warden’s designee, shall issue a written decision explaining the reason(s) for not issuing the waiver. The written decision of the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, shall be final. in the event a waiver is not issued, the person intending to appeal must remit the advance deposit with a written notice of appeal as herein provided.
(d) Contents of Notice of Appeal. The notice of appeal shall be submitted on District—approvedforms and shall contain the following information:
(1) A brief statement setting forth the appealing person's (hereinafter "appe||ant”) interest in the proceedings;
(2) A brief statement of the material facts which the appellant claims supports his/her contention that they did not commit, cause, or othenNise allow a violation of one or more provisions of this Code to occur, exist, or continue as alleged in the administrative citation at issue; or he/she is not a responsible party as defined at Section 41(b)(9) of this Code.
(3) A mailing address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of an administrative citation penalty, shall be received and accepted by the appellant by First Class Mail. (4) The notice of appeal must be signed and dated by the appellant. (e) Administrative Hearing. The resolution of an appeal of an administrative citation issued under the authority of this Code shall be by an administrative hearing conducted according to the procedures set forth in this section. Upon the District's designated processing agent’s receipt of a timely, written notice of appeal from the appellant, an administrative hearing shall be held as follows:
no later than 60 days from the date the notice of is processing agent. (2) Notice of Hearing. Notice of the administrative hearing shall be given to the appellant at least 10 calendar days prior to the hearing. The noticemay be 81
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delivered to the appellant or mailed by first class mail to the address listed in the notice of appeal. Neither personal service norservice by certified mail shall be required. (3) Hearing Officer. The administrative hearing shall be held before the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee. The Hearing Officer shall not be the enforcement officer who issued the administrative citation or his/her immediate supervisor. The Fire Chief/Fire Warden, through the District’s contracting process, may contract with a qualified provider for administrative processing and collection services to provide hearing officers to conduct administrative hearings and process administrative citations, including the collection of payment of administrative citation penalties.
(4) Conduct of the Hearing.
(A)
formal rules of evidence. The District shall bear the burden of proof at the administrative The Hearing Officer shall not be limited by the technical or hearing to establish the existence of a violation of this Code by a preponderance of the evidence. The Hearing Officer shall have the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission willcause an undue consumption of time. The enforcement officer establishing or confirming the occurrence or existence of a violation of this Code shall be deemed the complaining or reporting party. Personal or other identifying information regarding any other reporting party shall be deemed both irrelevant and subject to the federal and state constitutional rights of privacy; and, therefore, shall not be subject to review or disclosure. (B)
the Hearing Officer shall make his/her determination based on the information contained If the appellant fails to appear at the administrative hearing, (C) that notice of the hearing has been served as required by this or other applicable chapters of this Code, an appellant who fails to appear at the administrative hearing shall be deemed to have waived each of the following: the right to such hearing, the adjudication of issues presented at the 82
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hearing, and any and all rights afforded to the appellant under this Code. The appellant shall also be deemed to have failed to exhaust his/her administrative remedies. (D)
hearing and considered by the administrative Hearing Officer in reaching a decision, is The only evidence that shall be permitted at the administrative that evidence which is relevant to the proof or disproof of:
(i) Ownership of the subject property, when applicable; (ii) Whether a person noticed by the District as a
responsible party is, in fact, a responsible party;
(iii) Whether a violation of this Code occurred and/or
continues to occur on the date or dates specified in the administrative citation; (iv)
maintained, or permitted a violation of this Code on the date or dates specified on the Whetherthe responsible party has committed, caused,
administrative citation.
(f) Hearing Officer’s Decision.
(1) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall promptly issue a written decision (“Administrative Citation Appeal Ruling") to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision.
(2) If the Hearing Officer determines that the administrative citation should be upheld, then the amount of the penalties set forth in the citation shall not be reduced or waived for any reason. This subsection shall not apply to “warning only" administrative citations or to any administrative citation that indicates on its face that the penalty will be waived if the violation is corrected by the deadline compliance date and (3) If the administrative citation has been may allow payment of the administrative penalty in installments, if an advance deposit hardship waiver has been issued to the appellant. (4) If the Hearing Officer overturns the administrative citation, then no 83
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penalty shall be assessed and any penalty otherwise deposited with the District or its designated processing/collection agent, shall be promptly refunded to the appellant. (5) The appellant shall be served with a copy of the hearing officer’s written decision either at the conclusion of the hearing or sent by First Class Mail within a reasonable time. The"Hearing Officer's written decision shall become final on the date of the hearing unless mailed; otherwise itshall become final on the date of mailing. (6) The Hearing Officer’s written decision shall contain instructions for obtaining judicial review of the decision pursuant to California Government Code section 53069.4, as that section may be from time to time amended, or the successor provision thereto.
(7) Ifthe administrative citation is upheld, the Hearing Officer shall also award the District its enforcement costs and its costs in defense of the citation (including the actual time spent conducting the hearing). An itemized summary of these costs shall be presented to the Hearing Officer by the District within 10 days following the Hearing and mailed to appellant by First Class Mail to the address listed on the Notice of Appeal. (g) Judicial Review of Administrative Hearing Officer’s Decision. (1) Notice of Appeal. Within 20 calendar days ofthe date ofthe delivery or mailing of the Hearing Officer’s decision to the appellant, the appellant (hereafter "contestant”) may contest that decision by filing an appeal to be heard by the Superior Court, and paying to the court clerk the filing fee set forth at Government Code section 53069.4, or the successor provision thereto. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. The contestant shall serve a copy of the notice (2) Conduct of the the appeal before the Superior Court is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officers at the direction of the presiding judge of the superior court. The appeal shall be heard de novo, except that the 84
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contents of the District’s file in the case shall be received in evidence. A copy of the document or instrument of the District providing notice of the violation and imposition of the administrative penalty (i.e., the administrative citation) shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the District’s file in the case be forwarded to the court, to be received within 15 calendar days of the request.
(3) Judgment. The court shall retain the filing fee regardless of the outcome of the appeal. lfthe court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the District. Any deposit of the administrative penalty shall be refunded by the District in accordance with the judgment of the court. If the administrative penalty has not been deposited and the decision of the court is against the contestant and in favor of the District, the District may proceed to collect the penalty pursuant to the procedures set forth in this Code, or in any other manner provided bylaw.
46. Recording of a Notice of Pendency.
(a) Whenever the District institutes a judicial action or proceeding to enforce this Code, a Notice of Pendency of the action or proceeding may be filed with the County Recorder’s Office. The notice may be filed at the time of the commencement of the action or proceeding, and upon recordation of thenotice as provided in this section, shall have the same effect as a notice recorded in compliance with Section 405.7 of the California Code of Civil Procedure.
(b) The County Recorder shall record and index the Notice of Pendency of action or proceeding in the Grantor/Grantee Index.
(c) Any Notice of Pendency of action or proceeding filed in compliance with this appropriate showing of need therefore by an order of a court action or proceeding is pending. (d) A certified copy of the “Order to Vacate Notice of Pendency” may be recorded with the County Recorder’s Office, and upon the recordation, the Notice of 85
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Pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein.
(e) An “Order to Vacate Notice of Pendency” shall not be appealable, but the party aggrieved by the order may, within 20 days after service of written notice of the order, or within additional time not exceeding 20 days as the court may, withinthe original 20 days allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review the order by writ of mandate. (f) No “Order to Vacate Notice of Pendency” shall be effective, nor shall it be recorded with the County Recorder’s Office, until the time within which a petition for the filing of a writ of mandate has expired in compliance with this section.
47. Filing Notice of Action.
Whenever an enforcement action is initiated and prior to filing a Notice of Pendency, the District may, pursuant to Government Code section 27280, file with the County Recorder’s Office a Notice of Action identifying the enforcement action taken for violation of this Code or other applicable law.
48. Public Nuisance Abatement for Fire Hazards.
Any violation of this Code, the California Fire Code, the San Bernardino County Fire Protection District Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the public nuisance abatement provisions of Chapter 5 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section
23.0503.
— (a) In order to hear and decide or made by the fire code official relative to the application and interpretation of this Code (except for administrative citations issued pursuant to Sections 41, 42, 43 and 44), there shall be two appeals boards, namely the Planning Commission and the Building and 86
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Safety Board of Appeal.
(b) Limitations on Authority. An application for appeal shall be based on a claim that the intent of this Code or the rules, standards and interpretations adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fullyapply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this Code.
(c) Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosion, hazardous conditions or fire protection systems and are not employees of the fire code official.
(d) Appeals Hearings. Appeals concerning standards of building construction, electrical work, and all fire protection and detection systems shall be heard bythe Building and Safety Board of Appeals. All other appeals shall be heard by the Planning Commission. Hearings shall be in accordance with this section. (e) Request for Hearing. Any person may appeal the District’s interpretation regarding the provisions of the San Bernardino County Fire Protection District Fire Code within 15 days after the date such interpretation is rendered, or after enforcement begins.
Unless an imminent hazard to life or property exists, enforcement involving an appealed interpretation may be suspended until a decision regarding the appeal has been reached. (f) Hearing Procedures. Within 30 days of the acceptance of an application for an appeal, the County or City having jurisdiction shall set the matter for hearing and shall give notice to the appellant, the applicant and to any other party who has requested in writing to be so notified. During the hearing, witnesses may be sworn in and examined The appropriate
appeals board keep a of the written findings and a decision within 15 days of the conclusion of the hearing. A written copy of the decision shall be mailed to the parties by first class mail, at such addresses as they haveprovided. 87
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(g)' Fees and Costs. The District shall act as staff to the Appeals Board, and for that purpose may determine and set fees to charge an appellant to cover the cost of preparation of the record for appeal. A summary of costs shall be compiled and sent to the appellant after all the appeals proceedings have been completed. Any refund due the appellant shall be returned within 60 days after the summary is sent.
50. Cost Recovery.
Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et seq., 13916(a), 25259.4, 25514, 25515(a), 25540(a), 25541(a), California Government Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section 23112.7, and all other provisions of law, all costs incurred by the San Bernardino County Fire Protection Districtfor the inspection and enforcement of any provision of this Code, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/ormitigationof a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates this Code or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of this District pursuant to a schedule of fees adopted by the District. Any expense incurred by this District for such an emergency response shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, express or implied.
51. Treble Damages.
Upon a second or subsequent civilor criminal judgment for a violation of this Code within a two—year period, the violator shall be liable to the District for treble the abatement 88
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_\CO OI\J AI\) I\) (.0I\.) I\) A U‘! I\J I\) O‘) I\) \I [0CO SECTION 3. This ordinance shall take effect 30 days from the date of adoption. bawizmoeaaaa
DAWN ROWE, Chair
Board of Directors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD OF DIRECTORS
M6M%u/zmca ONELL, Secretary
tot e Board of Directors
89
4 OCOCD\lO3U‘l-b0Ol\)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
I, LYNNAMONELL, Secretary of the Board of Directors of the San Bernardino County Fire Protection District, State of California, hereby certify that at a regular meeting of the Board of Directors of the San Bernardino County Fire Protection District,held on the 28”‘day of February, 2023, at which meeting were present Directors: Col. Paul ‘Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr., and the'Secretary, the foregoing ordinance was passed and adopted by the following vote, to wit:
AYES: DIRECTORS: Col. Paul Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr.,
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
INWITNESS WHEREOF, I have hereunto set my hand and affixed the officialseal of the Board of Directors this 28‘“day of February, 2023. ~ g\£iFf3.l?%’
Approved as to Form:
TOM BUNTON
County Counsel
J LE E. GRIDER
ounty Counsel Byr [Q?%QQ&lm
Date: 90
1 CITY OF TWENTYNINE PALMS
CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TWENTYNINE PALMS, STATE OF CALIFORNIA, ADOPTING THE
SAN BERNARDINO COUNTY FIRE CODE (REFERENCING THE
2019 EDITION OF THE CALIFORNIA FIRE CODE AND 2019
EDITION OF THE CALIFORNIA RESIDENTIAL CODE) ALONG
WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,
ADDITIONS, DELETIONS, AND EXCEPTIONS, RELATING TO FIRE
REGULATIONS.
WHEREAS, the San Bernardino County Fire Protection District provides fire protection services to the City of Twentynine Palms; and
WHEREAS, the City wishes to adopt various codes and amendments in order to ensure that the Fire Protection District is able to continue to adequately protect the residents of Twentynine from fire related issues; and
WHEREAS, the Fire Protection District has specifically adopted the San Bernardino County Fire Protection Code (FPO Ordinance No. ____) to govern its fire protection services.
NOW THEREFORE, The City Council of the City of Twentynine Palms, State of California, hereby ordains as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein by reference.
SECTION 2: The San Bernardino County Fire Protection Code (FPO Ordinance No. ___), a copy of which is attached hereto as Exhibit A, is hereby adopted by reference and incorporated herein as if set forth in full.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this ____ day of _______, 2020. _____________________________
Joel A. Klink, Mayor
ATTEST:
______________________________
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
______________________________
A. Patrick Muñoz, City Attorney
2 I hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced on the ___ of__________, 2020 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on _____ day of _______, 2020, in Twentynine Palms, California by the following vote, to wit.
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
________________________________
Cindy Villescas CMC, City Clerk
1 CITY OF TWENTYNINE PALMS
CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, STATE OF CALIFORNIA, ADOPTING THE SAN BERNARDINO COUNTY FIRE CODE (REFERENCING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE)
ALONG WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,
ADDITIONS, DELETIONS, AND EXCEPTIONS, RELATING TO FIRE
REGULATIONS.
WHEREAS, the San Bernardino County Fire Protection District provides fire protection services to the City of Twentynine Palms; and
WHEREAS, the City wishes to adopt various codes and amendments in order to ensure that the Fire Protection District is able to continue to adequately protect the residents of Twentynine from fire related issues; and
WHEREAS, the Fire Protection District has specifically adopted the San Bernardino County Fire Protection Code (Ordinance No. FPD 23-01) to govern its fire protection services.
NOW THEREFORE, The City Council of the City of Twentynine Palms, State of California, hereby ordains as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein by reference.
SECTION 2: The San Bernardino County Fire Protection Code (Ordinance No. FPD 23-01), a copy of which is attached hereto as Exhibit A, is hereby adopted by reference and incorporated herein as if set forth in full.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this 22 day of August, 2023.
McArthur Wright, Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
A. Patrick Muñoz, City Attorney
2 I hereby certify that the foregoing is a true copy of Ordinance No. , introduced on the 22 of August, 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 12 day of September, 2023, in Twentynine Palms, California by the following vote, to wit.
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 22 2023
SUBJECT: DCA23-000010 Article 2 - Allowable Uses
RECOMMENDATION:
The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and introduce the Ordinance approving the Development Code Amendment ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call The Question
ATTACHMENTS:
• City Council Ordinance -
Article 2 Land Use /Zoning
Districts
• Article 2 Land Use Zoning
Districts draft
• Planning Commission
Resolution - Article 2 Land
Use/Zoning Districts
BACKGROUND:
On July 18, 2023, The Planning Commission held a Public Hearing on a Development Code Amendment Article 2, Chapters 19.08 thru 19.26, and forwarded a recommendation to the City Council for adoption of the amendment.
The City completed and adopted its Housing Element update last year. That update included revisions and additions to the Housing Plan (Chapter 7 of the Housing Element) to update the Zoning Code to address a number of changes in State law and other items required to facilitate the development of housing in the next eight years. All of the proposed changes are provided in Attachment A and are shown in Track Changes for ease of review by the Commission. Generally, the changes relate to changes in State law, such as Density Bonus and Accessory Dwelling Unit requirements, or changes that the Housing Element analysis determined were necessary to facilitate the development of housing during the 2021-2029 planning period.
Specifically, the following Programs are being implemented by this Zoning Code update:
Program HS-9: Requires that Low Barrier Navigation Centers be added as a permitted use in the mixed use and non-residential zones. A Low Barrier Navigation Center is a facility that combines shelter for homeless individuals Page 219 of 418 with services such as housing assistance, social services, etc. This change is reflected in Table 19.16.030-1, and in the Definitions in Chapter 19.06.
Program HS-20: Requires the addition of Employee Housing to the Development Code. This has been done in Chapter 19.12, Table 19.12.030-1 and in the Definitions in Chapter 19.06. It also requires the addition of a definition of family in Chapter 19.06, and the addition of parking requirements for emergency shelters, which has been added in Chapter 19.82, Table 19.82.050-1.
Program HS-21: Requires that the permitting process for multi-family projects in the RM and R-HD zones be amended: projects with 50 units or less will be approved by staff, and projects with more than 50 units will be processed to the Planning Commission with a Site Plan Review. These changes have been made in Chapter 19.12, Table 19.12.030-1.
Staff has also modified the Land Use Tables to define the appropriate entitlement process for each listed permitted use and has created the broad categories of General Retail and Commercial Recreation to combine similar uses into one use category.
State law requires that the Development Code be consistent with the General Plan. Therefore, in order to assure that the City’s General Plan is properly implemented, these changes are required. Further, these changes are not substantive, and generally bring the City into conformance with current requirements of the California Government Code.
FINDINGS FOR APPROVAL
In order to make a recommendation for approval of the Development Code Amendments to the City Council, the Planning Commission must make findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below, and have been included in the attached Resolution.
A. The Development Code Amendment is consistent with the intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.
B. The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.
C. The Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.
D. The Development Code Amendment ensures protection of the general health, safety and welfare of the community.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could:
1. Request additional information from Staff and postpone the hearing to a date certain.
2. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING ARTICLE 2 CHAPTERS 19.08 THRU 19.26,
LAND USE/ZONING DISTRICTS OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, California Government Code Sectio 65580 et. Seq. requires the periodic updating of the City’s Housing Element based on a pre-determined schedule; and WHEREAS, the 6th cycle planning period and its associated Regional Housing Needs Assessment is form October 2021 to October 2029; and
WHEREAS, on December 13, 2022, the City Council approved the revisions to the Housing Element and other elements; and
WHEREAS, on July 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts; and WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. ___, amending Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts of the Development Code, and WHEREAS, on August 22, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. The Development Code Amendment is consistent with the intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.
B. The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.
C. The Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.
D. The Development Code Amendment ensures protection of the general health, safety and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, , Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approve and adopt the "Findings" required for approval of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amend the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of
general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 22nd day of August 2023.
Section 7. Effective Date. Ordinance No. ___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 12
th day of September 2023.
MacArthur Wright, Mayor
ATTEST:
Cindy Villescas CMA, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 22 nd
day of August 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 12
th day of September 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
Article 2: Land Use/Zoning Districts
Article 2: Land Use/Zoning Districts
Chapter 19.08 Rural Living District (RL)
19.08.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Rural Living Land Use District, identify allowed uses and establish development standards for the district.
19.08.020 Description and Intent of Land Uses
The intent of this district is to regulate residential development of large residential parcels. The district is primarily intended for quiet and spacious single-family residential use with some areas of compatible institutional uses.
Because of the rural setting, more relaxed development standards may apply. The Rural Living Land Use District includes the following categories:
A. RL-1, which requires a minimum lot size of 1 acre.
B. RL-2.5, which requires a minimum lot size of 2.5 acres.
C. RL-5, which requires a minimum lot size of 5 acres.
19.08.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters
19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.08.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RL-1 RL-2.5 RL-5 Additional Requirements
RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P P P
Gated community1 CUP CUP CUP
Planned Unit Development PUD PUD PUD
Small family day care (8 or fewer
children)
P P P Chapter 19.114 (Community Care Facilities)
Large family day care (9 to 14
children)
AUPP AUPP AUPP Chapter 19.114 (Community Care Facilities) Child day care center, commercial AUP AUP AUP Chapter 19.114 (Community Care Facilities) Residential or community care
facilities serving 6 or fewer persons
P P P
Residential or community care
facilities serving 7 or more persons
AUP AUP AUP Chapter 19.114 (Community Care Facilities)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Congregate care facilities serving 6
or fewer persons
P P P
Congregate care facilities serving 7
or more persons
AUP AUP AUP Chapter 19.114 (Community Care Facilities)
Supportive housing/transitional
housing
P P P
Mobile home parks CUP CUP CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Resorts, Group Quarters and group
camps2
CUP CUP CUP
Caretaker housing AUP AUP AUP
Accessory Dwelling Unit Second
units
P P P Chapter 19.134 (Accessory Dwelling Unit
Second Dwelling Units)
Windmills and solar energy
collectors, noncommercial
P P P Chapter 19.68 (General Development
Standards and Exceptions)
AGRICULTURAL AND RELATED USES
Row, field, and tree crops, for
noncommercial purposes3
P P P
Row, field and tree crops, for
commercial purposes3
CUP CUP CUP
Cultivation of ornamental or
landscaping plants, including in
greenhouses, for commercial
purposes
CUP CUP CUP
Produce stands AUP AUP AUP
Retail nurseries CUP CUP CUP
INSTITUTIONAL USES
Cemeteries4 CUP CUP CUP
Churches, synagogues, temples
and other religious facilities4
CUP CUP CUP
Conference centers and
organizational /Group camps4
CUP CUP CUP
Governmental facilities4 CUP CUP CUP
Hospitals4 CUP CUP CUP
School, public4 CUP CUP CUP
School, private4 CUP CUP CUP
RECREATIONAL FACILITIES
Racetracks and stadiums CUP CUP CUP
Public stables or horse boarding
facilities
CUP CUP CUP Chapter 19.102 (Animal Keeping)
Sports-oriented recreational
facilities requiring remote locations
CUP CUP CUP
TRANSIENT LODGING FACILITIES
Host home AUP AUP AUP Chapter 19.106 (Bed and Breakfast Uses)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Bed and breakfast home AUP AUP AUP Chapter 19.106 (Bed and Breakfast Uses) Bed and breakfast inns/lodges CUP CUP CUP Chapter 19.106 (Bed and Breakfast Uses) Campgrounds and recreational
vehicle parks
CUP CUP CUP Chapter 19.124 (Mobile Home and Special
Occupancy Parks)
Vacation Home Rental VHR VHR VHR Chapter 19.41(Vacation Home Rental
COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP CUP CUP Chapter 19.140 (Telecommunication Facilities)
Transportation facilities CUP CUP CUP
Utility and service uses and
facilities
AUP AUP AUP
OTHER
Marijuana dispensaries, mobile
marijuana dispensaries and
marijuana cultivation
- - -
Commercial solar fields - - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1 If not reviewed as part of a subdivision application. 2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres or more. 3For those uses which do not require large amounts of water, to be determined in consultation with the water district. 4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.
19.08.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Rural Living Land Use District shall be designed, constructed and established in compliance with the development standards in Table
19.08.040-1 (Development Standards).
Table 19.08.040-1
Development Standards
Standard RL-1 RL-2.5 RL-5 Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 0.4 0.2 0 See footnote 1.
Maximum 1 0.4 0.2
LOT SIZE AND DIMENSIONS
Minimum Lot Size 1 acre 2.5
acres
5 acres
Minimum Lot Width 100 ft. 150 ft. 200 ft.
Minimum Lot Depth 150 ft. 200 ft. 250 ft.
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Minimum Width to Depth
Ratio
1:4N/A 1:4N/A 1:4N/A
MINIMUM SETBACKS (Feet)
Front, First Story and
Above
32 32 32 Chapter 19.68 (General Development Standards and Exceptions)
Side, First Floor 15 15 15 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second Story and
Above
20 20 20 Chapter 19.68 (General Development Standards and Exceptions)
Street Side, First Story
and Above
25 25 25 Chapter 19.68 (General Development Standards and Exceptions)
Rear, First Story and
Above
20 20 20 Chapter 19.68 (General Development Standards and Exceptions)
Distance Between
Buildings
N/A N/A N/A
BUILDING FLOOR AREA RATIO
Maximum N/A N/A N/A
LOT COVERAGE- Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 25% 25% 25%
BUILDING HEIGHT (Feet)
Maximum 35 35 35 Chapter 19.68 (General Development Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum 400 400 400
OTHER REGULATIONSChapter 19.68 (General Development Standards and Exceptions) Chapter 19.69 (Residential Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
1Shall only apply to new subdivision applications received after July 1, 2016.
Chapter 19.10 Single-Family Residential District (RS)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:40 [EST] (Supp. No. 17, Update 1)
Chapter 19.10 Single-Family Residential District (RS)
19.10.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Single-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
19.10.020 Description and Intent of Land Uses
The intent of this district is to regulate residential development in the single-family land use district of the City. The district is intended to create, preserve and enhance neighborhoods in a quiet neighborhood setting where permanent, one-household, residential uses are predominant. The detached dwellings and yards of single-family residential district areas allow for maximum privacy, where desired, and opportunities for outdoor living and activities. The Single-Family Residential Land Use District includes the following categories:
A. RS-4, which allows a maximum of 4 units per acre.
B. RS-3, which allows a maximum of 3 units per acre.
C. RS-2, which allows a maximum of 2 units per acre.
D. RS-1, which allows a maximum of 1 unit per acre.
E. RS-E, which allows a maximum of 1 unit per 2.5 acres.
19.10.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Single-Family Residential Land Use District are listed in Table
19.10.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through
19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.10.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RS-4 RS-3 RS-2 RS-1 RS-E Additional
Requirements
RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P P P P P
Gated community1 CUP CUP CUP CUP CUP
Planned Unit
Develoment
PUD PUD PUD PUD PUD
Small family day care (8
or fewer children)
P P P P P Chapter 19.114
(Community Care
Facilities)
Large family day care (9
to 14 children)
AUP AUP AUP AUP AUP Chapter 19.114
(Community Care
Facilities)
Child day care center AUP AUP AUP AUP AUP Chapter 19.114 (Community Care
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Facilities)
Residential or
community care
facilities serving 6 or
fewer persons
P P P P P
Residential or
community care
facilities serving 7 or
more persons
AUP AUP AUP AUP AUP Chapter 19.114
(Community Care
Facilities)
Congregate care
facilities serving 6 or
fewer persons
P P P P P
Congregate care
facilities serving 7 or
more persons
AUP AUP AUP AUP AUP Chapter 19.114
(Community Care
Facilities)
Supportive and
transitional housing
P P P P P
Mobile home parks CUP CUP CUP CUP CUP Chapter 19.124 (Mobile Home and Special
Occupancy Parks)
Resorts, Group Quarters
and group camps2
CUP CUP CUP CUP CUP
Caretaker housing AUP AUP AUP AUP AUP
Accessory Dwelling Unit
Second units
P P P P P Chapter 19.134
(Accessory Dwelling Unit
Second Dwelling Units)
Windmills and solar
energy collectors,
noncommercial
P P P P P Chapter 19.68 (General
Development Standards
and Exceptions)
AGRICULTURAL AND RELATED USES
Row, field, and tree
crops for
noncommercial
purposes3
P P P P P
INSTITUTIONAL USES
Cemeteries4 CUP CUP CUP CUP CUP
Churches, synagogues,
temples, and other
religious facilities4
CUP CUP CUP CUP CUP
Conference centers and
organizational camps4
CUP CUP CUP CUP CUP
Governmental facilities4 CUP CUP CUP CUP CUP
Hospitals4 CUP CUP CUP CUP CUP
School, public4 CUP CUP CUP CUP CUP
School, private4 CUP CUP CUP CUP CUP
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
CULTURAL ACTIVITIES
Art galleries and studios AUP AUP AUP AUP AUP
TRANSIENT LODGING FACILITIES
Vacation Home Rental VHR VHR VHR VHR VHR Chapter 19.41 (Vacation Home Rental)
COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP CUP CUP CUP CUP Chapter 19.140 (Telecommunication
Facilities)
Transportation facilities CUP CUP CUP CUP CUP
Utility and service uses
and facilities
CUPAUP CUPAUP CUPAUP CUPAUP CUPAUP
OTHER
Marijuana dispensaries,
mobile marijuana
dispensaries, and
marijuana cultivation
- - - - -
Commercial solar fields - - - - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited Use
P = Permitted Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1 If not reviewed as part of a subdivision application. 2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres or more. 3For those uses which do not require large amounts of water, to be determined in consultation with the water district. 4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.
19.10.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Single-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.10.040-1 (Development Standards).
Table 19.10.040-1
Development Standards
Standard RS-4 RS-3 RS-2 RS-1 RS-E Additional Requirements ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 3 2 1 0.4 0 See footnote 1.
Maximum 4 3 2 1 0.4
LOT SIZE AND DIMENSIONS
Minimum Lot Size 7,200
sq. ft.
12,000
sq. ft.
18,000
sq. ft.
1 acre 2.5
acres
Interior lot,
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
minimum
dimensions:
Width
depth
60 ft.
100 ft.
70 ft.
100 ft.
80 ft.
100 ft.
100 ft.
150 ft.
150 ft.
200 ft.
Corner lot,
minimum
dimensions:
Width
depth
70 ft.
100 ft.
80 ft.
100 ft.
90 ft.
100 ft.
150 ft.
150 ft.
150 ft.
200 ft.
Minimum Width
to Depth Ratio
1:4N/A 1:4N/A 1:4N/A 1:4N/A 1:4N/A
MINIMUM SETBACKS (Feet)
Front, First Story
and Above
25 25 25 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Side, First Story 10 10 10 15 15 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second
Story and Above
20 20 20 15 15 Chapter 19.68 (General Development
Standards and Exceptions)
Street Side, First
Story
15 15 15 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Street Side,
Second Story and
Above
20 20 20 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Rear, First Story 15 20 20 20 20 Chapter 19.68 (General Development Standards and Exceptions)
Rear, Second
Story and Above
20 20 20 20 20 Chapter 19.68 (General Development
Standards and Exceptions)
Distance
Between
Buildings
N/A N/A N/A N/A N/A
BUILDING FLOOR AREA RATIO
Maximum 0.5 0.5 0.4 0.3 0.3
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 40 40 40 40 40
BUILDING HEIGHT (Feet)
Maximum 35 35 35 35 35 Chapter 19.68 (General Development Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum 400 400 400 400 400
OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.69 (Residential Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
1Shall only apply to new subdivision applications received after July 1, 2016.
Chapter 19.12 Multi-Family Residential District (RM)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:40 [EST] (Supp. No. 17, Update 1)
Chapter 19.12 Multi-Family Residential District (RM)
19.12.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Multi-Family Residential Land Use District, identify allowed uses and establish development standards for the district.
19.12.020 Description and Intent of Land Uses
This district is intended to create, preserve and enhance neighborhoods where two or more dwelling units on the same lot are predominant. The district provides an additional range of housing types to meet the varying needs of different individuals and families in the City. The densities allowed in the Multi-Family Residential Land Use District may either be part of a predominantly one-family neighborhood or an independent neighborhood, normally close to public and private transportation facilities and commercial districts or other employment and service areas.
19.12.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Multi-Family Residential Land Use District are listed in Table
19.12.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through
19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.12.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RM Additional Requirements
RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P Chapter 19.69 (Residential Development Standards and Design Criteria)
Multi-family residential (10 units or
less)
P Chapter 19.69 (Residential Development Standards
and Design Criteria)
Multi-family residential (Up to 49
units 11 to 24 49 units)
AUP P Chapter 19.69 (Residential Development Standards
and Design Criteria)
Multi-family residential (25 50
units or more)
CUP
SPR
Chapter 19.69 (Residential Development Standards
and Design Criteria)
Gated community1 CUP
Planned Unit Development PUD
Small family day care (8 or fewer
children)
P Chapter 19.114 (Community Care Facilities)
Large family day care (9 to 14
children)
AUPP Chapter 19.114 (Community Care Facilities)
Child day care center AUP Chapter 19.114 (Community Care Facilities) Residential or community care
facilities serving 6 or fewer persons
P
Residential or community care AUP Chapter 19.114 (Community Care Facilities)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
facilities serving 7 or more persons
Congregate care facilities serving 6
or fewer persons
P
Congregate care facilities serving 7
or more persons
AUP Chapter 19.114 (Community Care Facilities)
Mobile home parks CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Single-room occupancy facilities AUP Chapter 19.136 (Single-Room Occupancy Facilities) Caretaker housing AUP
Employee Housing P
Accessory Dwelling Unit Second
dwelling unit
P Chapter 19.134 (Accessory Dwelling Unit Second
Dwelling Units)
Windmills and solar energy
collectors, noncommercial
P Chapter 19.68 (General Development Standards and
Exceptions)
INSTITUTIONAL USES
Cemeteries2 CUP
Churches, synagogues, temples,
and other religious facilities2
CUP
Organizational camps2 CUP
Governmental facilities2 CUP
Hospitals2 CUP
School, public2 CUP
School, private2 CUP
Emergency shelters2 P Chapter 19.116 (Emergency Shelters) Supportive housing/transitional
housing2
P
TRANSIENT LODGING FACILITIES
Host home AUP Chapter 19.106 (Bed and Breakfast Uses)
Bed and breakfast home CUP Chapter 19.106 (Bed and Breakfast Uses) Bed and breakfast inns/lodges CUP Chapter 19.106 (Bed and Breakfast Uses) Vacation Home Rental VHR Chapter 19.41 (Vacation Home Rental)
COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP Chapter 19.140 (Telecommunication Facilities) Transportation facilities CUP
Utility and service uses and
facilities
AUP
OTHER
Marijuana dispensaries, mobile
marijuana dispensaries, and
marijuana cultivation
-
Commercial solar fields -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
SPR = Site Plan Review
Notes:
1 If not reviewed as part of a subdivision applicaton.
2All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.
19.12.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Multi-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.12.040-1 (Development Standards).
Table 19.12.040-1
Development Standards
Standard RM Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 4 See footnote 1.
Maximum 8 du/ac or 1 unit per
5,445 sq. ft. of lot area
LOT SIZE AND DIMENSIONS
Minimum Lot Size 10,000 sq. ft.
Minimum Lot Width Lot size of less than
1 acre - 80 ft.
Lot size of 1 acre or
more - 150 ft.
Minimum Lot Depth 125 ft.
Minimum Width to Depth Ratio N/A
MINIMUM SETBACKS (Feet)
Front 25 Chapter 19.68 (General Development
Standards and Exceptions)
Side 10 Chapter 19.68 (General Development
Standards and Exceptions)
Street Side 15 Chapter 19.68 (General Development
Standards and Exceptions)
Rear 15 Chapter 19.68 (General Development
Standards and Exceptions)
Distance Between Buildings N/A
BUILDING FLOOR AREA RATIO
Maximum 0.75
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 60
BUILDING HEIGHT (Feet)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Maximum 35 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum2 400 See footnote 2.
OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.69 (Residential Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
City of Twentynine Palms Multi-Family Design Guidelines 1Shall only apply to new subdivision applications or development project applications received after July 1, 2016. 2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
Chapter 19.14 High Density Residential District (R-HD)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:40 [EST] (Supp. No. 17, Update 1)
Chapter 19.14 High Density Residential District (R-HD)
19.14.010 Purpose
The purpose of this Chapter is to describe the character and intent of the High Density Residential Land Use District, identify allowed uses, establish development standards for the District and satisfy the requirements of the adopted Housing Element.
19.14.020 Description and Intent of Land Uses
The intent of this district is to provide for higher-intensity housing opportunities, especially apartment complexes and senior housing intended to accommodate affordable housing. The district allows an additional range of housing types to meet the varying needs of different individuals and families in the City. The higher-density residential area is generally close to public and private transportation facilities and commercial districts or other employment and service areas.
19.14.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the High Density Residential Land Use District are listed in Table
19.14.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through
19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.14.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RHDRMAdditional Requirements
RESIDENTIAL USES AND CARE FACILITIES
Single-family residential1 -P
Multi-family residential
49 units or less
50 units or more
P
2 SPR
Chapter 19.69 (Residential Development
Standards and Design Criteria)
Gated community P
3 Small family day care (8 or fewer children) P Chapter 19.114 (Community Care Facilities) Large family day care (9 to 14 children) P AUP Chapter 19.114 (Community Care Facilities) Child day care center AUP Chapter 19.114 (Community Care Facilities) Residential or community care facilities serving 6
or fewer persons
P
Residential or community care facilities serving 7
or more persons
AUP Chapter 19.114 (Community Care Facilities)
Congregate care facilities serving 6 or fewer
persons
P
Congregate care facilities serving 7 or more
persons
AUP Chapter 19.114 (Community Care
Facilities)
Created: 2022-06-01 16:56:40 [EST]
(Supp. No. 17, Update 1)
Mobile home parks CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Single-room occupancy facilities AUP Chapter 19.136 (Single-room Occupancy Facilities)
Caretaker housing AUP
Employee Housing P
Second dwelling unit Accessory Dwelling Unit P Chapter 19.134 (Accessory Dwelling Units Second Dwelling Units)
Vacation home rental VHRP Chapter 19.41 (Vacation Home Rental) Windmills and solar energy collectors,
noncommercial
P Chapter 19.68 (General Development Standards
and Exceptions)
INSTITUTIONAL USES
Cemeteries CUP
Churches, synagogues, temples, and other
religious facilities
CUP
Organizational camps CUP
Governmental facilities CUP
Hospitals CUP
School, public CUP
School, private CUP
Emergency shelters P Chapter 19.116 (Emergency Shelters) Supportive housing/transitional housing P
COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP Chapter 19.140 (Telecommunication Facilities) Transportation facilities CUP
Utility and service uses and facilities AUP
OTHER
Marijuana dispensaries, mobile marijuana
dispensaries, and marijuana cultivation
-
Commercial solar fields -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
VHRP = Vacation Home Rental Permit
Notes:
1Maximum of one unit, must be on an existing lot.
2Multifamily residential development is allowed by right as a use, subject to CEQA review (when the project is otherwise not exempt). CEQA review is of other aspects of the project besides the use. 3 If not reviewed as part of a subdivision application.
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(Supp. No. 17, Update 1)
19.14.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the High Density Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.14.040-1 (Development Standards).
Table 19.14.040-1
Development Standards
Standard RM R-HD Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 20 See footnote 1.
Maximum 24
LOT SIZE AND DIMENSIONS
Minimum Lot Size 10,000 sq. ft.
Minimum Lot Width Lot size of less
than 1 acre
- 80 ft.
Lot size of 1
acre or more -
150 ft.
Minimum Lot Depth 125 ft.
Minimum Width to Depth Ratio N/A
MINIMUM SETBACKS (Feet)
Front, First Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Side, First Story 10 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Street Side, First Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Rear, First Story 10 Chapter 19.68 (General Development Standards and Exceptions)
Rear, Second Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Distance Between Buildings 20
BUILDING FLOOR AREA RATIO
Maximum 0.75
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 70
BUILDING HEIGHT (Feet)
Maximum 35 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum2 400 See footnote 2.
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(Supp. No. 17, Update 1)
OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.69 (Residential Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
City of Twentynine Palms Multi-Family Design Guidelines 1Shall only apply to new subdivision applications or development project applications received after April 24, 2015.2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).
Chapter 19.16 Commercial Districts (CO, CG, CN and CT)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:41 [EST] (Supp. No. 17, Update 1)
Chapter 19.16 Commercial Districts (CO, CG, CN and CT)
19.16.010 Purpose
The purpose of this Chapter is to describe the character and intent of the commercial land use districts, identify allowed uses and establish development standards for the districts. The commercial land use districts are Office Commercial (CO), General Commercial (CG), Neighborhood Commercial (CN) and Tourist Commercial (CT).
The Service Commercial (CS) district is included in Chapter 19.18 with the Community Industrial (IC) district because of the nature of services and uses allowed in the district.
19.16.020 Description and Intent of Land Uses
A. Office Commercial (CO). The CO district allows for single- and multi-tenant offices, including legal, design, engineering, medical, real estate and government services. Ancillary commercial uses to support these services may be permitted, including cafes, copying services and newsstands. The CO district permits limited residential uses as means of providing opportunities for mixed-use developments.
B. General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores. The Downtown commercial corridor is designated General Commercial to provide for retail and service uses in a pedestrian-friendly setting, and is subject to the requirements as set forth in the Downtown Economic Revitalization Specific Plan.
C. Neighborhood Commercial (CN).The CN land use allows limited commercial uses, typically goods aend services housed in relatively small commercial centers that serve residents of the neighboring community.
Typical uses include beauty salons, coffee shops and dry cleaners. Uses within this district are required to be compatible with their surrounding residential district(s).
D. Tourist Commercial (CT). The CT land use allows tourism-oriented uses, such as resorts, RV parks, golf courses, restaurants, gift shops, art galleries, hotels/motels and entertainment facilities, primarily intended to serve visitors of the Joshua Tree National Park and the Marine Corps Base.
19.16.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the commercial land use districts are provided in Table 19.16.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards).
Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).
Table 19.16.030-1
Allowed Land Uses and Permit Requirements
Use CO CG CN CT Notes
COMMERCIAL/OFFICE USES
ALCOHOL RELATED USES
Alcoholic beverage sales - Retail (Offsite consumption)all types- AUP SPR
AUP
SPR
AUP
SPR
See Chapter 19.138 (Special
Regulated Uses)
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(Supp. No. 17, Update 1)
Alcoholic beverage sales - Retail (Onsite consumption) (ABC types 42, 48)- CUP CUP CAUP See Chapter 19.138 (Special Regulated Uses)
AUTOMOTIVE RELATED SALES AND SERVICES
CO CG CN CT
Automobile rental agency AUP1 AUP - AUP1 See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Automotive parts and accessories
stores
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive repair - minor (e.g.,
brakes, tires, radiators, electrical)
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive repair - major (e.g.,
engine and transmission
repair/rebuild)
- CUP - CUP See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive stereo and sound system
installation
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Body, paint and upholstery shops - CUP - - See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Car wash - full-service - CAUP - CUP
Car wash - self-service - AUP ACUP ACUP
Gas station CUP CUP CUP CUP
Motorcycle sales/service - CAUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Motor vehicle sales, new and used - CAUP - - See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Motor vehicle storage:
Indoor
Outdoor - operable vehicles
Outdoor - inoperable vehicles
-
-
-
P
AUP
AUP
-
-
-
-
AUP
-
See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Parking: commercial lot/garage (50
or less spaces)
AUP AUP AUP AUP
Parking: commercial lot/garage
(more than 50 spaces)
AUP AUP - AUP
Towing service (with tow truck
parking; no auto storage)
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Trailer and mobile home sales and
rental
- CAUP - - See Chapter 19.104
(Automobile and Vehicle
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(Supp. No. 17, Update 1)
Related Uses)
Truck and trailer rental - AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
DAY CARE FACILITIES
Commercial day care, large (8 or
more children)
AUP AUP AUP AUP1 See Chapter 19.114
(Community Care Facilities)
CO CG Cn CT
Commercial daycare, small (fewer
than 8 children)
AUP
SPR
P SPR P SPR P
1 SPR
See Chapter 19.114
(Community Care Facilities)
EATING/DRINKING PLACES AND FOOD SERVICES
Banquet facilities - AUP AUP AUP
Bar/cocktail lounge CUP CUP CUP CUP See Chapter 19.138 (Special Regulated Uses)
Catering establishment - AUP AUP AUP
Fast food/quick serve:
With drive-through
Without drive-through
CUP
AUP
AUP
SPR
CAUP
AUP
CAUP
AUP
See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Restaurants (sit-down/full-service) AUPP P
AUP
P
AUP
P
AUP
ENTERTAINMENT AND RECREATION
Adult-oriented business - - - - See Chapter 19.100 (AdultOriented Businesses) Amusement park (including
simulated racing, e.g., slick track,
dragsters)
- CUP - CUP
Athletic fields CUP CAUP CUP CUP
Auditoriums and other public
assembly facilities
CAUP CAUP CUP CAUP
Batting cages:Commercial Recreation
Indoor
Outdoor
-
-
AUP
CAUP
AUP
CUPAUP CUPNon-motorized Bicycle Motocross
Facility (BMX)
P - AUP P
AUP
P
AUP
Billiard parlor/pool hall2 - AUP - AUP
Bowling center2 - CUP - P
CUP
Go-cart track - CUP - CUP
Golf course - CUP - CUP
Golf driving range - AUP - AUP
Health club/gymnasium - indoor AUP P
AUP
P
AUP
P
AUP
Live entertainment AUP AUP ACUP AUP
Miniature golf course - CUP P P
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CUP CUP
Movie theater - CUP CUP- CUP
MotorizedMotocross/off-road
motocross mini-facility bike course
- - - CUP
Recording and sound studios AUP AUP AUP AUP
Recreational facilities (as part of a
mixed-use development)
P P CUP AUP
Simulated shooting games - indoor
(laser tag, etc.)
- CUP CUP CUP
Shooting range:
Outdoor
Indoor
-
-
-
CUP
-
-
-
CUP
Skate park - AUP CUP CUP
Skating rink (ice/roller) - P P P
Stadium/sports arena - CUP - CUP
Tennis/swim club - outdoor AUP AUP CUP AUP
Theaters (live performance):
Outdoor
Indoor
-
CUP
CUP
CUP
-
CAUP
CUP
CUP
Video/electronic/computer game
arcade
CUP AUP AUP AUP
LODGING
Bed and Breakfast - - - AUP Chapter 19.106 (Bed and Breakfast Uses)
Hotels/Motels /Resorts CUP CUP CUP CUP
Recreational vehicle parks and
campgrounds, not exceeding a
density of 12 units per acre
- CUP CUP CUP See Chapter 19.124 (Mobile Home
and Special Occupancy Parks)
Vacation Home Rental VHR VHR VHR VHR Chapter 19.41 (Vacation Home Rental)
RETAIL/WHOLESALE SALES
Adult book store - - - - See Chapter 19.100 (Adult
Oriented Businesses)
General Retail AUP AUP AUP AUP
Antique shop P P P P
Art galleries and art supply store P P P P
Auctions:
Outdoor
Indoor
CUP
P
CUP
P
-
-
CUP
P
Auctions, livestock - - - -
Bakeries:
Retail Only
Wholesale
SPR
-
SPRP
AUPP
SPR
AUPP
P
SPR
AUPP
P
Bicycle shop (may include repair) P P P P
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(Supp. No. 17, Update 1)
Building materials and hardware
stores:
Within completely enclosed
building3
With outdoor storage3
-
-
CUP
CAUP
-
-
-
-
Boat sales - CAUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Camera and photographic supply
store
P P P P
Farmers market uses CUP CAUP CUP CAUP See Chapter 19.110 (Farmers Market Uses)
Computer, radio, television and small
electrical appliance shop (including
repair when incidental to retail sales)
P P AUP AUP
Feed store - AUP - AUP
Florist shop P P P P
Food locker (for individual home
locker rental only; no slaughtering
permitted)
- AUP - AUP
Furniture and home furnishing store P P P P
General merchandise stores:
Department store
Discount/variety store (new
products at a discounted price)
Warehouse club stores
-
-
-
P
P
CUP
-
-
-
AUP
AUP
CUP
Grocery store CUP P CUP AUP
Guns and ammunition stores - AUP ACUP AUP
Hobby, toy and game store P P P P
Household appliance store - P AUP AUP
Music and video sales and rental
stores
P P P P
Office supply, stationery and gift
stores
P P P P
Pawnbrokers/pawnshops - AUP - CUP
Pet and pet supply stores - P AUP -
Secondhand and thrift stores - P AUP AUP
Sporting goods store - P P P
Swap Meet:
Indoor swap meet
Outdoor swap meet
-
-
AUP
CUP
-
-
AUP
CUP
Wholesale stores and distributors - CUP - -
SERVICES
Business services:
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(Supp. No. 17, Update 1)