Agenda packet — Yorba Linda City Council, December 6, 2022 (part 3 of 3)

ORDINANCE NO. 2022-1098
PAGE NO. 10

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6th day of December, 2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Haney, Hernandez, Huang, Rodriguez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1099

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.08 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE CALIFORNIA FIRE CODE, 2022

EDITION, WHICH INCORPORATES AND AMENDS THE
INTERNATIONAL FIRE CODE, 2021 EDITION, WITH

CERTAIN APPENDICES AND AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1068
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Fire Code, 2022 Edition, (which incorporates and amends the International Fire Code, 2021 Edition), with certain appendices and amendments; and
WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Fire Code, 2019 Edition, which is a part of the California Building Standards Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Fire Code”), with certain appendices and amendments to assure the Fire Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Fire Code, 2022 Edition, as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Fire Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions

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justifying such modifications, the City Council adopted Resolution No. 2022-5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.08 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:
“CHAPTER 15.08

FIRE CODE
Sections:

15.08.010 Fire Code Adopted.

15.08.020 Enforcement and Inspection.

15.08.030 Chapter 1, Division II-Administration - amendments.

15.08.040 Chapter 2 Definitions - amendments.

15.08.050 Chapter 3 General Requirements -- amendments.

15.08.060 Chapter 4 Emergency Planning and Preparedness – amendments.

15.08.070 Chapter 5 Fire Service Features – amendments.

15.08.080 Chapter 9 Fire Protection Systems – amendments.

15.08.090 Chapter 25 Fruit and Crop Ripening – deleted

15.08.100 Chapter 26 Fumigation and Insecticidal Fogging – deleted

15.08.110 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities – amendments.

15.08.120 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas – amendments.

15.08.130 Chapter 50 Hazardous Materials – General Provisions – amendments.

15.08.140 Chapter 56 Explosives and Fireworks – amendments.

15.08.150 Chapter 57 Flammable and Combustible Liquids – amendments

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15.08.160 Chapter 58 Flammable Gasses and Flammable Cryogenic Fluids – amendments

15.08.170 Chapter 80 Referenced Standards – amendments.

15.08.180 Appendix A Board of Appeals – deleted.

15.08.190 Appendix B Fire-Flow Requirements for Buildings – adopted.

15.08.200 Appendix BB Fire-Flow requirements for Buildings – adopted.

15.08.210 Appendix C Fire Hydrant Locations and Distribution – adopted.

15.08.220 Appendix CC Fire Hydrant Locations and Distribution – adopted.

15.08.230 Appendix D Fire Apparatus Access Roads – deleted.

15.08.240 Appendix E Hazard Categories – deleted.

15.08.250 Appendix F Hazard Ranking – deleted.

15.08.260 Appendix G Cryogenic Fluids – Weight and Volume Equivalents -- deleted.

15.08.270 Appendix H Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statements (HMIS) Instructions– adopted.

15.08.280 Appendix I Fire Protection Systems – Noncompliant Conditions – deleted.

15.08.290 Appendix J Building Information Sign – deleted.

15.08.300 Appendix K Construction Requirements for Existing Ambulatory Care Facilities -- deleted.

15.08.310 Appendix L Requirements for Fire Fighter Air Replenishment Systems – deleted.

15.08.320 Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirements – deleted.

18.08.330 Appendix N Indoor Trade Shows and Exhibitions – deleted.

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15.08.340 Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses – deleted.

15.08.010 Fire Code Adopted.

There is hereby adopted by reference, as the Fire Code of the City, the 2022 California Fire Code, based on the International Fire Code, 2021 Edition, with errata and certain appendices, published by the International Code Council (ICC), and the whole thereof, for the purpose of prescribing regulations covering conditions hazardous to the life and property from fire or explosion, save and exempt such portions as are hereinafter added, deleted or amended. One copy of all the above is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The California Fire Code, 2022 Edition, as adopted herein, is amended as set forth in Sections 15.08.020 through 15.08.360.

15.08.020 Enforcement and Inspection.

The California Fire Code and the International Fire Code with amendments shall be enforced by the Orange County Fire Authority, which shall be operated under the Fire Chief of the Orange County Fire Authority. The Fire Chief of the Orange County Fire Authority may detail such members of the fire authority as shall be necessary from time to time.

15.08.030 Chapter 1, Division II, Administration – amendments.

Chapter 1, Division II Administration. Adopt Chapter 1 in its entirety, with the exception of Section 109, and with the following amendments:

Section 112.4 Violation penalties is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when

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ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

15.08.040 Chapter 2 Definitions – amendments.

Chapter 2 Definitions is adopted in its entirety with the following amendments:

Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

15.08.050 Chapter 3 General Requirements – amendments
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby amended to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

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2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within (3) three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be (10) ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas is hereby added as follows:

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307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas.

Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within (25) feet of combustible structures unless within an approved permanent fireplace.

Conditions which could cause a fire to spread within (25) feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Newly constructed outdoor wood fueled fireplaces, fire pits, fire rings, or similar exterior wood burning devices are prohibited per SCAQMD Rule 445.

Exceptions:

1. Existing permitted wood burning fireplaces, fire pits, fire rings or similar wood burning devises equipped with a device to arrest embers and sparks and located (3) feet from combustible construction at R-3 occupancies.

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least (15) feet from combustible structures at R occupancies

3. Barbeques, grills and other portable devices intended solely for cooking.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Existing permitted permanent fireplaces, fire pits, fire rings, or similar wood burning devices that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 308.1.6.3 Sky lanterns is hereby revised as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

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Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324.Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized
The fire code official is authorized to cause areas within (10) feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth.

Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual Circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measure(s) designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain

2. Danger of erosion

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county – approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of threes or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:

Section 327 Use of Equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the

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engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all the exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 327.1 Use of Equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.1 Use of Equipment and devices generating heat, sparks or open flames.

During anytime of year within Wildfire Risk Area’s, within or immediately adjacent to any forest or brush-covered land or non–irrigated grass–covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of (30) feet or other approved method to reduce fire spread into the wildlands. If (30) feet clearing cannot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop Work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

15.08.060 Chapter 4 Emergency Planning and Preparedness – amendments.

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Chapter 4 Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by the SFM with the following amendment. 401 – 401.9
402
403.1
403.2
403.4 – 403.4.4
403.10.2.1.1
403.10.6
403.12 – 403.12.3
404.5 – 404.6.6
407
Section 407.5 is revised to read as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

15.08.070 Chapter 5 Fire Service Features. – amendments.

Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” Section 510.1 Emergency responder radio coverage in new buildings is revised to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and, where the functionality or performance requirements in the California Fire Code are more stringent, in this code.

Exceptions:

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1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

15.08.080 Chapter 9 Fire Protection and Life Safety Systems – amendments.

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

Section 903.2 Where required is hereby amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.20 an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that

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are smaller than the area specified in Section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition occurs and the combined area of the existing building plus the area of the addition, including attached garage, exceeds 4,800 s.f; or Exception: An addition is less than 200 s.f.
b. Any addition when the existing building is already provided with an automatic sprinkler system.
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Exceptions:

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1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

Section 903.3.5.3 Hydraulically calculated systems is hereby added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3

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15.08.090 Chapter 11 Construction Requirements for Existing Buildings – amendments.

15.08.090 Chapter 25 Fruit and Crop Ripening – deleted
Chapter 25 Fruit and Crop Ripening is deleted in its entirety.

15.08.100 Chapter 26 Fumigation and Insecticidal Fogging – deleted Chapter 26 Fumigation and Insecticidal Fogging is deleted in its entirety.

15.08.110 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities – amendments.

Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised to read as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.5.31.

Section 2808.2 Storage site is hereby revised to read as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surfaces. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.

Section 2808.3 Size of piles is hereby revised to read as follows:
90100 110 120 130 140 150
PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

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2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.4 Pile Separation is hereby revised to read as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised to read as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised to read as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available

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for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

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Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.

Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

15.08.120 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas – amendments.

Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

15.08.130 Chapter 50 Hazardous Materials – General Provisions – amendments.

Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised to read as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include, the Orange County

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ORDINANCE NO. 2022-1099
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Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

15.08.140 Chapter 56 Explosives and Fireworks – amendments.

Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone lines, or other overhead obstructions shall be provided to OCFA.

15.08.150 Chapter 57 Flammable and Combustible Liquids – amendments.

Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, with the exception of Section 5707, in its entirety and with the following amendment:

Section 5701.1.1 On-Demand Mobile fueling is added as follows:

Section 5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

15.08.160 Chapter 58 Flammable Gases and Flammable Cryogenic Fluids – amendments.

Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58, with the exception of Section 5809, in its entirety and with the following amendment:

Section 5801.1 Scope is revised as follows:

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ORDINANCE NO. 2022-1099
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Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55.

Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 608).

2. Liquefied petroleum gases and natural gases regulated by Chapter

61. 3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

15.08.170 Chapter 80 Referenced Standards – amendments.

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised to read as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised to read as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific

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ORDINANCE NO. 2022-1099
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tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of 8.4.5

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised to read as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

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ORDINANCE NO. 2022-1099
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Section 6.2.9 is hereby revised to read as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

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Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby added as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through

10.4.3.2.4. 15.08.180 Appendix A Board of Appeals – deleted.

Appendix A Board of Appeals is hereby deleted in its entirety.

15.08.190 Appendix B Fire-Flow Requirements for Buildings – adopted.

Appendix B Fire-Flow Requirements for Buildings is hereby adopted with amendments outlined in OCFA Guideline B-09.

15.04.200 Appendix BB Fire-Flow Requirements for Buildings – adopted.

Appendix BB Fire-Flow Requirements for Buildings is hereby adopted.

15.08.210 Appendix C Fire Hydrant Locations and Distribution – adopted.

Appendix C Fire Hydrant Locations and Distribution is hereby adopted.

15.08.220 Appendix CC Fire Hydrant Locations and Distribution -- adopted.

Appendix CC Fire Hydrant Locations and Distribution is hereby adopted.

15.08.230 Appendix D Fire Apparatus Access Roads – deleted.

Appendix D Fire Apparatus Access Roads is hereby deleted in its entirety.

15.08.240 Appendix E Hazard Categories – deleted.

Appendix E Hazard Categories is hereby deleted in its entirety.

15.08.250 Appendix F Hazard Ranking – deleted.

Appendix F Hazard Ranking is hereby deleted in its entirety.

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15.08.260 Appendix G Cryogenic Fluids – Weight and Volume Equivalents – deleted.

Appendix G Cryogenic Fluids – Weight and Volume Equivalents is hereby deleted in its entirety.

15.08.270 Appendix H Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions – adopted.

Appendix H Hazardous Materials Management (HMMS) Plans and Hazardous Materials Inventory Statements (HMIS) Instructions is hereby adopted.

15.08.280 Appendix I Fire Protection Systems – Noncompliant Conditions – deleted.

Appendix I Fire Protection Systems – Noncompliant Conditions is hereby deleted in its entirety.

15.08.290 Appendix J Building Information Sign – deleted.

Appendix J Building Information Sign is hereby deleted in its entirety.

15.08.300 Appendix K Construction Requirements for Existing Ambulatory Care Facilities -- deleted.

Appendix K Construction Requirements for Existing Ambulatory Care Facilities is hereby deleted in its entirety

15.08.310 Appendix L Requirements for Fire Fighter Air Replenishment Systems – deleted.

Appendix L Requirements for Fire Fighter Air Replenishment Systems is hereby deleted in its entirety

15.08.320Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirement – deleted.

Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirements is hereby deleted in its entirety

18.08.330 Appendix N Indoor Trade Shows and Exhibitions – deleted.

Appendix N Indoor Trade Shows and Exhibitions is hereby deleted in its entirety

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ORDINANCE NO. 2022-1099
PAGE NO. 24

15.08.340 Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses – deleted.

Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses is hereby deleted in its entirety.

Section 3. Ordinance No. 2016-1029 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards, which the City had previously adopted in substantial form. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

Section 5. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 6. Effective Date. This ordinance shall take effect on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1099
PAGE NO. 25
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

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ORDINANCE NO. 2022-1099
PAGE NO. 26

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 332 of 397 ends

ORDINANCE NO. 2022-1100

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.10 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2022 EDITION, WITH CERTAIN

AMENDMENTS, DELETING APPENDICES AND
REPEALING ORDINANCE NO. 2019-1069
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain State codes, including the California Green Building Standards Code, 2022 Edition with certain amendments and deleting appendices; and
WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Green Building Standards Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Green Codes”), with certain amendments and deleting appendices to assure the Green Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Green Code, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Green Building Standards Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No.

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ORDINANCE NO. 2022-1100
PAGE NO. 2
2022-5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.10 of the Yorba Linda Municipal Code is hereby amended to read as follows:
“CHAPTER 15.10

GREEN BUILDING STANDARDS CODE
Sections:

15.10.010 Green Building Standards Code Adopted.

15.10.020 Chapter 3 Green Building - amendments.

15.10.030 Appendix A4 Residential Voluntary Measures – deleted.

15.10.040 Appendix A5 Nonresidential Voluntary Measures – deleted.

15.10.010. Green Building Standards Code Adopted.

There is hereby adopted by reference, as the Green Building Standards Code, the California Green Building Standards Code, 2022 Edition, with certain amendments, published by the California Building Standards Commission, one certified copy of which is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The Green Building Standards Code, 2019 Edition, as adopted herein, is amended as set forth in Section 15.10.020 through

15.10.040.

15.10.020. Chapter 3 Green Building - amendments.

Section 305, CALGreen Tier 1 and CALGreen Tier 2, is hereby deleted in its entirety.

Section 306, Voluntary Measures, is hereby deleted in its entirety.

15.10.030 Appendix A4 Residential Voluntary Measures – deleted.

Appendix A4 Residential Voluntary Measures is hereby deleted in its entirety.

15.10.040 Appendix A5 Nonresidential Voluntary Measures – deleted.

Appendix A5 Nonresidential Voluntary Measures is hereby deleted in its entirety.

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ORDINANCE NO. 2022-1100
PAGE NO. 3
Section 3. Ordinance No. 2019-1069 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

Section 6. Effective Date. This ordinance shall take on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 335 of 397 ends

ORDINANCE NO. 2022-1100
PAGE NO. 4

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 336 of 397 ends

ORDINANCE NO. 2022-1101

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.28 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM SOLAR, HYDRONICS AND
GEOTHERMAL CODE, 2021 EDITION, WITH

AMENDMENTS, DELETING APPENDICES AND
REPEALING ORDINANCE NO. 2019-1070
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with certain amendments and deleting appendices; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, with amendments and deleting appendices to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.28 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:

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ORDINANCE NO. 2022-1101
PAGE NO. 2
CHAPTER 15.28

SOLAR, HYDRONICS AND GEOTHERMAL CODE
Sections:

15.28.010 Uniform Solar, Hydronics and Geothermal Code Adopted.

15.28.020 Chapter 1, Administration – Amended.

15.28.030 Chapter 5, Solar Thermal Systems – Amended.

15.28.040 Chapter 9, Solar Photovoltaic Systems – Amended.

15.28.050 Appendix A, Engineered Solar Energy Systems – Deleted.

15.28.060 Appendix B, Solar Photovoltaic System Installation Guidelines – Deleted.

15.28.070 Appendix C, Supplemental Checklist for Solar Photovoltaic Systems – Deleted.

15.28.010. Document Adopted.

There is hereby adopted by reference, as the Solar, Hydronics and Geothermal Code of the City, the Uniform Solar, Hydronics and Geothermal Code, 2018 Edition, with certain amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full.

The Uniform Solar, Hydronics and Geothermal Code, 2018 Edition, as adopted herein, is amended as set forth in Section 15.28.020 through 15.28.070.

15.28.020. Chapter 1, Administration – Amended
Section 104.3.2 Plan Review Fees, the fourth paragraph is amended to read as follows:

Where plans are incomplete or changed so as to require additional review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section 104.3.3 Time Limitation of Application, is amended to read as follows:
104.3.3 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application may be extended one or more times by the building official for additional period not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.

Section 104.4.3 Expiration, is amended to read as follows:

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ORDINANCE NO. 2022-1101
PAGE NO. 3
104.4.3 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.2 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 Extensions, is amended to read as follows:
104.4.4 Extensions.
104.4.4.1 Extension of an Application. An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. Payment of the $73.00 application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.
104.4.4.2 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $64.00, shall be charged. Payment of the $64.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees, is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council at the rate provided for each classification shown therein.

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ORDINANCE NO. 2022-1101
PAGE NO. 4
Section 104.5.2 Investigation Fees, is amended to read as follows:
104.5.2 Investigation Fees; Work Without Permits
104.5.2.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector.

Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical.
104.5.2.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.2.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section 104.5.3, Fee Refunds, is amended to read as follows:
104.5.3 Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
104.5.3.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
104.5.3.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
104.5.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

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ORDINANCE NO. 2022-1101
PAGE NO. 5
Section 105.2.6 Reinspections, is hereby amended to read as follows:
105.2.6 Reinspections: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee established by resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be preformed until the required fees have been paid.

Section 105.2.7 is added to read as follows:
105.2.7 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection. The reinspection fee shall be established by resolution adopted by the City Council.

Table 104.5, Solar System Permit Fees, is deleted in its entirety.

Section 107.0 Board of Appeals, is deleted in its entirety.

15.28.030. Chapter 5, Solar Thermal Systems - Amended.

Section 502.5.1 is amended to read as follows:
502.5.1 Roof Installations. Panels shall be anchored to roof structures or other surfaces in a manner to resist wind and seismic loadings in compliance with the Building Code. Anchors secured to and through the roofing material shall be made in a manner to maintain the water integrity of the roof covering. Roof drainage shall not be impaired by the installation of collectors. Solar photo voltaic panels that are not an integral part of the roofing system shall be installed with a three (3)

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ORDINANCE NO. 2022-1101
PAGE NO. 6
inch minimum clearance from the roof surface in order to preserve the integrity of the roof surface. See also Chapter 9.

15.28.040. Chapter 8, Solar Photovoltaic Systems – Amended.

Chapter 8 in its entirety. All references to the National Electrical Code or NFPA 70 in Chapter 9 are hereby amended to mean the 2022 Edition of the California Electrical Code as adopted by the City.

15.28.050. Appendix A, Engineered Solar Energy Systems – deleted.

Appendix A Engineered Solar Energy Systems is hereby deleted.

15.28.060. Appendix B, Solar Photovoltaic System Installation Guidelines – deleted.

Appendix B Solar Photovoltaic System Installation Guidelines is hereby deleted.

15.28.070. Appendix C, Supplemental Checklist for Solar photovoltaic Systems – deleted.

Appendix C Supplemental Checklist for Solar Photovoltaic Systems is hereby deleted.

Section 3. Ordinance No. 2019-1070 is hereby repealed in its entirety.

Section 6. Effective Date. This ordinance shall take effect thirty days after its adoption or on January 1, 2023, whichever is later. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

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ORDINANCE NO. 2022-1101
PAGE NO. 7
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 343 of 397 ends

ORDINANCE NO. 2022-1101
PAGE NO. 8

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1102

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.32 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM SWIMMING POOL, SPA &
HOT TUB CODE, 2021 EDITION, WITH AMENDMENTS,
AND REPEALING ORDINANCE NO. 2019-1071
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with certain amendments; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Swimming Pool, Spa & Hot Tub, 2021 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022- 5828.

Section 2. Chapter 15.32 of the Yorba Linda Municipal Code is amended to read as follows:

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ORDINANCE NO. 2022-1102
PAGE NO. 2
CHAPTER 15.32

SWIMMING POOLS, SPAS AND HOT TUBS
Sections:

15.32.010 Uniform Swimming Pool, Spa and Hot Tub Code Adopted.

15.32.020 Chapter 1, Administration – Amendments

15.32.030 Chapter 2 Definitions – Amendments.

15.32.040 Section 512.0, Wastewater Disposal - Amended

15.32.050 Section 603.0, Electrical Systems – Amended

15.32.060 Chapter 8, Safety – Deleted

15.32.070 Chapter 9 Aquatic Recreational Attractions – Amended

15.32.010. Uniform Swimming Pool, Spa & Hot Tub Code Adopted.

There is hereby adopted by reference, as the Swimming Pool, Spa & Hot Tub Code of the City, the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, with certain amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full.

The Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, as adopted herein, is amended as set forth in Sections 15.32.020 through 15.32.070.

15.32.020. Chapter 1, Administration - Amendments
Section 102.4, first paragraph, is amended to read as follows:
102.4 Additions, Alterations, or Repairs. Additions, alterations, renovations, or repairs to a swimming pool, spa, or hot tub system shall conform to that required for a new system. When the scope of the addition, alteration, renovation, or repair to a swimming pool, spa, or hot tub system is in excess of re-plastering, repairing plaster and repair or replacement of the tile in the swimming pool, spa, or hot tub, the entire pool and the required pool safety enclosure shall be made to conform to the requirements for a new swimming pool, spa, or hot tub as adopted by the jurisdiction.

Additions, alterations, renovations, or repairs shall not cause an existing system to become unsafe, insanitary, or overloaded.

Section 104.3.1.1 is added to read as follows:
104.3.1.1 Plot Plans. The plans shall be provided with the following information. Such plans shall be drawn to a scale of not less than one-eighth (1/8) inch per foot.

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ORDINANCE NO. 2022-1102
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(1) Property lines, easements, Yorba Linda Water District easements, City of Yorba Linda parks, and trails, flood zones, right-of-way of record, abandoned or active oil wells and overhead utilities adjacent to pool area or over the property. (2) All existing and proposed structures, patio covers, pool houses, cabanas, pool slides, grotto structures, fireplaces, fencing, retaining walls, and other relevant characteristics adjacent to pool, spa, or hot tub area. (3) The proposed pool, spa or hot tub shape, dimensioned and located to show property line setbacks, side yards setbacks, and dimensioned clearances from all existing and proposed structures.
(4) The proposed mechanical equipment location, with dimensions to all property lines and structures. The equipment shall be located at least fifteen (15) feet from any habitable opening of a structure on an adjacent property. The size, location and materials for gas, electrical and water services to the pool equipment shall be shown on the plan.
(5) All deck equipment items, if included.
(6) The proposed deck work shall include all dimensions and configuration and include an overall Site Drainage Plan to drainage termination. The Site Drainage Plan shall include a note stating: “All weep screeds on new or existing structures shall maintain the required clearances of 2 inches above all paved areas and 4 inches above earth”.
(7) The overall drainage of the pool site shall be included in the Site Drainage Plan. (8) The location, overall height and degree of slope for all ascending and descending slopes with dimensions from the pool or spa to the slope. The pool, spa or hot tub design shall conform to Section 1808.7 of the California Building Code 2022 Edition for foundations on or adjacent to slopes (9) Such plans shall be drawn to a scale of not less than one-eighth (1/8) inch per foot.
(10) The Site Plan provided shall include only information relevant to the construction of the swimming pool, spa or hot tub and its appurtenant structures and as identified on the permit application. The Site Plan shall not include information and scopes of work for other structures, landscaping, flat work, irrigation systems, retaining walls, barbeques, fireplaces, patio covers, gazebo, pool buildings or similar items not directly associated with the construction of the swimming pool, spa or hot tub.

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ORDINANCE NO. 2022-1102
PAGE NO. 4
(11) All pool, spa and hot tubs, including the surrounding deck, shall be designed for moderately expansive soil, unless a soil report is provided which verifies a lesser design requirement for the specific site.
(12) Water, electrical and gas piping and conduit layouts for special appurtenances i.e. fountains, waterfalls, sinks, showers, bar areas, heaters, fireplaces, gas accent devices, electrical outlets, lighting, fans and outdoor cooking appliances etc.

Section 104.3.2, fourth paragraph, is amended to read as follows:

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section 104.4.3 is amended to read as follows:
104.4.3 Expiration
104.4.3.1 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.
104.4.3.2 Time Limitation of Permits. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.5.3 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 is amended to read as follows:
104.4.4 Extensions.

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ORDINANCE NO. 2022-1102
PAGE NO. 5
104.4.4.1 Extension of an Application. An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. Payment of the $73.00 application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.
104.4.4.2 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $73.00, shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees is amended to read as follows:
104.5 Permit Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council at the rate provided for each classification shown therein.

Section 104.5.1, is amended to read as follows:
104.5.1 Investigation Fees: Work Without a Permit.
104.5.1.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector. Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the nonPage 349 of 397 ORDINANCE NO. 2022-1102
PAGE NO. 6
permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical. 104.5.1.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.1.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section 104.5.2 is hereby deleted in its entirety.

Section 104.5.3 amended to read as follows:
104.5.3 Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
104.5.3.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
104.5.3.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
104.5.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 105.2.6 Reinspections, is hereby amended to read as follows:
105.2.6 Reinspections: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

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ORDINANCE NO. 2022-1102
PAGE NO. 7
This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Table 104.5 “Swimming Pool, Spa and Hot Tub Permit Fees” is deleted in its entirety from the code and all references to Table 104.5 are amended to read “in accordance with resolution adopted by the City Council.”
Section 107.0, Board of Appeals, is deleted in its entirety.

Section 107.0 is hereby added to read as follows:
107.0 New Pool and Spa Construction Requirements. All new pools must comply with this code. Plans submitted to the City for swimming pools, spas or hot tubs to be constructed shall show compliance with the requirements of this code, and final inspection and approval of all pools or spas hereafter constructed shall be withheld until there has been compliance with all requirements of this code.

A. Pools shall comply with section 1808.7 of the California Building Code, 2022 Edition, for foundations on or adjacent to slopes.

B. A deck five (5) feet minimum in width shall surround each pool and slope to drain away from the pool. Deck is measured from water line.

C. All damage to curbs, gutters, sidewalks, and driveway approaches in the construction of pools shall be repaired prior to the pre-plaster inspection.

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ORDINANCE NO. 2022-1102
PAGE NO. 8
D. An enclosure shall be installed around the pool area and shall comply with Section 3109 of the California Building Code, 2022 Edition, before any preplaster inspection of pools and before filling with water for any type of pool, spa or hot tub.

Section 107.1 is hereby added to read as follows:
107.1 Modification of Requirements. Following written request by the owner, the Building Official may modify or eliminate the requirements of section 107.0 B where, in the judgment of the Building Official, such request is justified and will not result in unsafe conditions. The Building Official may require that evidence or proof in the form of affidavits be submitted to substantiate or justify such requests and may apply reasonable conditions to insure ultimate compliance with section 107.0 in the event of a change of conditions.

15.32.030 Chapter 2 Definitions – Amendments.

Section 210.0 Definitions is hereby revised by revising “Handholds” as follows.

Handholds. A handhold shall be considered the overhang portion of bull nosed coping, cantilevered decking, or a fixed cantilevered element not extending more than 2 inches and not less than 1 inch over the design pool water line horizontally.

Handholds shall be no greater than 2 ½ inches in thickness and a minimum of 1-inch in thickness and spaced no greater than 4 feet on center from each other. All handholds shall be fixed and stable and a maximum of 12 inches above the design waterline level.

Swimming Pool. Any constructed or prefabricated structure holding a body of water exceeding (18) inches in depth used for swimming, bathing, meditating or observation.

This shall include, swimming pools, hot tubs, spas, fountains, ponds or other any other body of water.

15.32.040 Section 512.0, Wastewater Disposal – Amended
Section 512.4 is amended to read as follows:
512.4 Availability of a Public Sewer. Waste water from a swimming pool, spa, or hot tub shall be discharged directly into the sanitary sewer. If a sanitary sewer is not located in the area, dechlorinated waste water that satisfies the following criteria may be discharged on the surface on a case by case basis:

A. The residual chlorine does not exceed 0.1 mg/I (parts per million).

B. The pH is between 6.5 and 8.5.

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ORDINANCE NO. 2022-1102
PAGE NO. 9
C. The water is free of any unusual coloration.

D. There is no discharge of filter media.

E. There is no discharge of acid cleaning wastes.

Compliance with these criteria can be verified using a pool testing kit. Excess chlorine can be removed by removing the chlorine tablets for a couple of days prior to discharge or by purchasing dechlorinating chemicals from pool supply companies.

No construction material, chemicals or soil shall enter any storm drains or creeks.

Section 512.5, Used for Irrigation, is deleted in its entirety.

Section 512.6, Drywells, is deleted in its entirety.

Section 512.7, Separation Tanks, is deleted in its entirety.

15.32.050 Section 603.0, Electrical Systems – Amended
Section 603.1, General, is amended to read as follows:
603.1 General. The design, installation, alteration, modification, construction, maintenance, and testing of the electrical systems and equipment associated with a swimming pool, spa, or hot tub shall comply with the 2022 Edition of the California Electrical Code.

15.32.060 Chapter 8, Safety – Deleted.

Chapter 8, Safety, is deleted in its entirety

15.32.070 Chapter 9 Aquatic Recreational Attractions – Amended Section 902.4 Guardrails, is hereby amended to read as follows:

Guardrails shall be provided for all diving and sliding equipment exceeding 30 inches in height measured from the pool deck, or any surface below to the top end of the board, surface, or slide. Guardrails shall be not less than 42 inches above the diving or sliding surface and extend not less than 6 inches past the edge of a pool wall, man-made element or natural element.

Section 3. Ordinance No. 2019-1071 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse

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ORDINANCE NO. 2022-1102
PAGE NO. 10
effect on the environment, since it adopts updated building and safety standards, which the City had previously adopted in substantial form. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

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ORDINANCE NO. 2022-1102
PAGE NO. 11

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1103

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.20 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE UNIFORM HOUSING CODE, 1997

EDITION, WITH CERTAIN AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1072
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, with certain amendments; and WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Housing Code, 1997 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Housing Code, 1997 Edition, as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Housing Code, 1997 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.20 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 2
“CHAPTER 15.20

HOUSING STANDARDS
Sections:

15.20.010 Uniform Housing Code Adopted.

15.20.020 Chapter 1, Title and Scope Amended.

15.20.030 Chapter 2, Enforcement, Amended.

15.20.040 Chapter 3, Permits and Inspections – Amended.

15.20.050 Chapter 4, Definitions – Amended.

15.20.060 Chapter 5, Space and Occupancy Standards – Amended.

15.20.070 Chapter 7, Mechanical Requirements – Amended.

15.20.080 Chapter 8, Exits – Amended.

15.20.090 Chapter 10, Substandard Buildings – Amended.

15.20.100 Chapter 15, Performance of Work of Repair or Demolition – Amended.

15.20.010. Uniform Housing Code Adopted.

There is hereby adopted by reference, as the code governing housing standards, the Uniform Housing Code, 1997 edition, with certain amendments, published by the International Conference of Building Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full. The Uniform Housing code, 1997 Edition, as adopted herein, is amended as set forth in Sections 15.22.020 through 15.22.100

15.20.020. Chapter 1, Title and Scope – amended
Section 104.1, Additions, Alterations or Repairs, is amended to read as follows:
104.1 Additions, Alterations or Repairs. For Additions, alterations or repairs, see the California Existing Building Code and all other adopted codes, as applicable.

15.20.030. Chapter 2, Enforcement – amended
Section 204, Violations, is amended to read as follows:
204.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct alter, extend, repair, move remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 204.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration,

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ORDINANCE NO. 2022-1103
PAGE NO. 3
extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
204.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 204.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directives of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as prescribed by law.

15.20.040. Chapter 3, Permits and Inspection - amended
Section 301, General, is amended to read as follows:

No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Section 105 of the California Building Code or Section R105 of the California Residential Code.

Section 302, Fees, is amended to read as follows:

When a building permit is required by Section 301 of this code, there shall be charged and paid, a fee as established by resolution by the City Council, and at the rate provided for each classification shown therein.

Section 303, Inspections, is amended to read as follows:

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 110 and 1704A of the California Building Code and Section R109 of the California Residential Code.

15.20.050. Chapter 4, Definitions – amended
Section 401, Definitions, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 4
BUILDING CODE is the California Building Code, The California Existing Building Code or the California Residential Code as adopted by the City.

BOARD MEMBER(S) is the individual or members delegated by the City Manager.

ELECTRICAL CODE is the California Electrical Code as adopted by the City.

HEARING EXAMINER is an individual delegated by the City Manager.

HOUSING ADVISORY AND APPEALS BOARD is the City Manager or his/her delegated individual and/or members.

MECHANICAL CODE is the California Mechanical Code as adopted by the City.

PLUMBING CODE is the California Plumbing code as adopted by the City.

RESIDENTIAL CODE is the California Residential Code as adopted by the City

15.20.060. Chapter 5, Space and Occupancy Standards - amended Section 501, Location on Property, is amended to read as follows:

All buildings shall be located with respect to property lines and to other buildings on the same property as required by the California Building Code or the California Residential Code as adopted by the City.

Section 502, Yards and Courts, is amended to read as follows:

All yards or courts shall conform to the requirements of Section 1205 of the California Building Code or the California Residential Code as adopted by the City.

Section 503, Room Dimensions, is amended to read as follows:

All rooms and spaces shall conform to the requirements Section 1207 of the California Building Code or Sections R304 and R305 of the California Residential Code for required room dimensions as adopted by the City.

Section 504, Light and Ventilation, is amended to read as follows:

All rooms and spaces shall be provided with light and ventilation as required in Sections 1202 and 1204 of the California Building Code and Section R303 of the California Residential Code as adopted by the City.

Section 505.5, Sanitation, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 5
All commercial and residential uses shall be provided with facilities as required in Chapter 4 of the California Plumbing Code, Section 1209 of the California Building Code or Sections R306 and R307 in the California Residential Code as adopted by the City.

15.20.070, Mechanical Requirements – amended.

Section 701.1 Heating and Ventilation, is amended to read as follows:
701.1 Heating. When the winter design temperature in Table R301.2(1) of the California Residential Code is below 60 degrees F, every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68 degrees F at a point three (3) feet above the floor and two (2) feet from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

15.20.080. Chapter 8, Exits – amended.

Section 801, General, is amended to read as follows:

Section 801 – General. Dwelling units and commercial buildings shall be provided with means of egress. The means of egress shall comply with the requirements of either Chapter 10 of the California Building Code or Section R311 of the California Residential Code as adopted by the City.

Basements and every sleeping room below the fourth story shall have at least one operable emergency and rescue opening. Emergency and rescue openings shall conform to the requirements of Section R310 of the California Residential Code as adopted by the City.

15.20.090. Chapter 10, Substandard Buildings – amended.

Section 1001.1, General, is amended to read as follows:

Any building or portion thereof that is determined to be an unsafe building in accordance with Section 116 of the California Building Code, or any building or portion thereof, including any dwelling unit, sleeping room or commercial building, or the premises on which the same is located, in which there exists any of the conditions referenced in this chapter to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be a substandard building.

15.20.100. Chapter 15, Performance of Work of Repair or Demolition – amended.

Section 1501.2, Costs, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 6
1501.2 Costs. The cost of such work plus ten percent (10%) of paid cost for administrative overhead thereof shall be paid from the repair and demolition fund, and shall be made a special assessment against the property involved, or shall be made a personal obligation of the property owner, whichever the City Council shall determine is appropriate.”
Section 3. Ordinance No. 2019-1072 is hereby repealed in its entirety.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 361 of 397 ends

ORDINANCE NO. 2022-1103
PAGE NO. 7
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 362 of 397 ends

ORDINANCE NO. 2022-1104

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.22 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1997

EDITION, WITH CERTAIN AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1073
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, with certain amendments; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.22 of the Yorba Linda Municipal Code is amended to read as follows:

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ORDINANCE NO. 2022-1104
PAGE NO. 2
CHAPTER 15.22

CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
Sections:

15.32.010 Uniform Code for the Abatement of Dangerous Buildings Adopted.

15.32.020 Chapter 1, Title and Scope - Amended

15.32.030 Chapter 2 - Amended

15.32.040 Chapter 3, Definitions – Amended

15.32.050 Section 401.2 (4), Notice and Order - Amended

15.32.010. Uniform Code for the Abatement of Dangerous Buildings Adopted.

There is hereby adopted by reference, as the Code for Abatement of Dangerous Buildings of the City, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, with certain amendments, published by the International Conference of Building Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as adopted herein, is amended as set forth in Sections 15.22.020 through 15.22.050.

15.22.020. Chapter 1, Title and Scope - Amended
Section 103 – Alterations, Additions and Repairs, is amended to read as follows:

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code and all other adopted codes, as applicable.

15.22.030. Chapter 2 - Amended
Section 201.4 Enforcement is added to read as follows:
201.4 Enforcement. When the Building Official, the Health Officer, or their authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, the Health Officer, or their authorized representatives for the purpose

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ORDINANCE NO. 2022-1104
PAGE NO. 3
of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor.

Section 203, Violations is amended to read as follows:
203.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct alter, extend, repair, move remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 203.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
203.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 203.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directives of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as prescribed by law.

Section 204, Inspection of Work is amended to read as follows:

15.22.040. Chapter 3, Definitions - Amended
Section 301, General is amended to read as follows:

BUILDING CODE is the California Building Code, The California Existing Building Code or the California Residential Code as adopted by the City.

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ORDINANCE NO. 2022-1104
PAGE NO. 4
ELECTRICAL CODE is the California Electrical Code as adopted by the City.

MECHANICAL CODE is the California Mechanical Code as adopted by the City.

PLUMBING CODE is the California Plumbing Code as adopted by the City.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.

HOUSING CODE is the Uniform Housing Code, 1997 Edition, as adopted by the City.

15.22.050. Section 401.2(4), Notice and Order - Amended Section 401.2 (4) is amended to read as follows:

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof plus ten (10) percent administrative overhead against the property or its owner.”
Section 3. Ordinance No. 2019-1073 is hereby repealed in its entirety.

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ORDINANCE NO. 2022-1104
PAGE NO. 5
Section 6. Effective Date. This ordinance shall take effect on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6th day of December, 2022. ___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 367 of 397 ends

RESOLUTION NO. 2022- 5828

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, SETTING FORTH FINDINGS
FOR LOCAL AMENDMENTS TO THE 2022 CALIFORNIA
BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL
CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022
CALIFORNIA ELECTRIC CODE, AND THE 2022

CALIFORNIA PLUMBING CODE, RELATIVE TO LOCAL

CLIMATIC, GEOGRAPHICAL AND TOPOGRAPHICAL
CONDITIONS, AND REPEALING RESOLUTION NO. 2019-
5642
WHEREAS, California Government code Section 50022. 1 et seq. authorizes the City to enact any ordinance which adopts any code by reference, in whole or in part; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Residential Code, the California Building Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, and the California Fire Code and the California Green Building Standards Code, ( hereinafter referred to collectively as "Codes"); and
WHEREAS, Health and Safety Code Section 17958 et seq. provides that the City of Yorba Linda shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, Health and Safety Code Sections 17958. 5 and 18941. 5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographical, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958. 7 requires that the City Council, before making any modifications or changes pursuant to Section 17958. 5 shall make an express finding that such changes or modifications or changes are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, the Building Division has recommended that modifications and changes be made to the Codes and advised that certain said changes to the California Fire Code, 2022 Edition, the California Building Code, 2022 Edition, the California Plumbing Code, 2022 Edition, the California Electrical Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Mechanical Code, 2022 Edition, and the California Green Building Standards, 2022 Edition are reasonably necessary due to local conditions in the City of Yorba Linda and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonable necessary to safeguard life and property within the City of Yorba Linda.

Page 368 of 397 ends

RESOLUTION NO. 2022-5828
PAGE NO. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

Section 1
I. Climatic Conditions
A. Hot Drying Winds. The jurisdiction of Yorba Linda is located in a semi- arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry ( Santa Ana) winds, which may reach speeds of 70 M. P. H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials creating extreme fire hazard conditions. Frequent periods of drought and low humidity add to this fire danger. This predisposes the area to large destructive fires( conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 55 feet vertically will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury.

B. Strong Winds. The dry climatic conditions with strong winds contribute to the rapid spread of even small fires originating in high- density housing or vegetation.

These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

C. Heavy Precipitation. The climate alternates between extended periods of drought and brief flooding conditions. The winter months can experience heavy rainfall of up to 6 inches per hour. Flood conditions may affect the Orange County Fire Authority' s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. Hillside erosion due to water run- off from typical to torrential rain in hillside communities must be managed. Therefore, area drains in mandated pool decks and their surrounding landscaped areas divert such run- off to the City' s storm drain systems, thus reducing hillside erosion.

D. Water Availability. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already- taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage

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RESOLUTION NO. 2022-5828
PAGE NO. 3
capacities, consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on- site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

E. Semi-arid Mediterranean Climate. The warm, dry climate of Yorba Linda is conducive to private swimming pool ownership. Increased numbers of adjacent private swimming pools also increases the likelihood of children drowning where pool enclosures are not of a permanent design. Therefore, leaving a pool unprotected by the use of temporary, electromechanical, or other means of protection that can be turned off, removed or left open for untold periods of time creates an extremely dangerous situation within communities and containing large numbers of private swimming pools.

II. Topographical Conditions
A. Hillside Community. Natural slopes of 15 percent or greater generally occur throughout the foothills of Orange County. Yorba Linda has a sizeable hillside community with little to no remaining developable lowlands. Mass grading for development on hillsides has become easier and cost effective. Therefore, mass grading on hillsides has increased the amount of structures constructed on and around sloping terrain. Sloped terrain places physical burdens upon fire fighters and their equipment in responding to emergencies and attacking fires. Hillside development mandates construction to comply with setbacks from slopes and typically requires soil reports and fuel modification plans to be prepared.

B. Traffic and Circulation Congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

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

Ill. Geological Conditions.

The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport- Inglewood Fault located within Orange County was the source of the destructive 1933 Long Beach earthquake ( 6. 3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina.Del Rey to Whittier. In December 1989, another earthquake occurred

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RESOLUTION NO. 2022- 5828
PAGE NO. 4
in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

A. Earthquake Faults. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989 Santa Cruz earthquake resulted in one major fire in the Marina District( San Francisco). When combined with the 34 other local fires and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on- site fire protection for building occupants.

State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on a Newport- Inglewood Fault Zone, page 59), " unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe."
B. Landslides and Roadway Flooding. Road circulation features located throughout the County also make amendments reasonably necessary. Located throughout the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, and street and storm drain design accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Corrosive Soils. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes and concrete in contact with soils.

D. Oil Fields. Portions of the County contain active or former oil production fields.

These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary to implement appropriate mitigation.

E. Chino Hills State Park. The entire northern and eastern boundaries of Yorba Linda are adjacent to the Chino Hills State Park. The park area stretches nearly 31 miles, from the Santa Ana Mountains to the Whittier Hills. There are several different scrub and chaparral communities including coastal sage scrub, California sagebrush, California buckwheat and purple sage, as well as a mixed chaparral community that becomes fuel for fires during summer months. The winds mentioned in Paragraph IPage 371 of 397 RESOLUTION NO. 2022- 5828
PAGE NO. 5
A above, can allow pieces of burning wood roofing material or debris behind solar panels mounted to roofs, to become flying brands that can be carried to other locations and thereby spread fire quickly. Therefore, a City wide ban of untreated wood roofing material should continue, with a minimum requirement for Class A roofing. Mandating clearance requirements for solar panels, attached to roofs, will reduce the accumulation of debris behind the panels, thus eliminating fire potential and preserving the water protective integrity of a roof covering by not impairing drainage.

F. Soil Structure. The structure of soil can either block or allow effluent waste, generated by private sewage disposal systems, to percolate into underground water supplies. The City is dependent on local water wells that are fed by underground water aquifers and the Santa Ana River. Due to health concerns related to the use of private systems in close proximity to heavily populated residential areas, the City must regulate the use of certain private sewage disposal systems. Soils routinely experienced by developers and other builders in Yorba Linda are expansive and routinely requires structures to be designed accordingly. Therefore, a blanket mandate is necessary for new construction to meet expansive soil construction requirements unless otherwise justified by a soils report.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow ( water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County fire Authority.

Section 2
The City Council hereby finds that the amendments to the Codes as set forth in detail in Ordinance Nos. 2022- 1094, 2022-1095, 2022- 1096, 2022- 1097, 2022- 1098, 2022- 1099, and 2022- 1100, 2022- 1101, 2022- 1102, 2022- 1103 and 2022- 1104 are reasonably necessary based on the climatic, geographical and topographical conditions cited in Section I of this Resolution and apply to the amendments as follows:

CALIFORNIA BUILDING CODE:

CODE SECTION FINDINGS
701A. 3 Climatic
710A.3. 3 Climatic
701A.4 Climatic
903.2 Climatic & Topographical
903.2. 8 Climatic & Topographical
903.3. 5. 3 Climatic & Topographical
Table 1505. 1 Climatic

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RESOLUTION NO. 2022-5828
PAGE NO. 6
1512. 2 Climatic
3109. 2 Topographical
3109. 3 Topographical
NFPA13 Topographical & Geological
NFPA13D Topographical & Geological
NFPA24 Geological

CALIFORNIA RESIDENTIAL CODE

CODE SECTION FINDINGS
Table R301. 2( 1) Climatic & Geographical
R301. 9 Climatic & Topographical
R309.6 Climatic & Topographical
R313. 1 Climatic & Topographical
R313. 2 Climatic & Topographical
R313. 3. 6. 2. 2 Climatic & Topographical
R319. 1 Topographic
R337. 1. 3 Climatic & Topographical
R337. 1. 7 Climatic & Topographical
R902. 1 Climatic
R902. 1. 2 Climatic
R902. 2 Climatic
R908. 3 Climatic
R908. 4 Climatic
R1001. 14 Climatic
R1001. 14. 1 Climatic
R1001. 14. 2 Climatic
NFPA13 Topographical & Geological
NFPA13D Topographical & Geological
NFPA24 Geological

CALIFORNIA FIRE CODE

CODE SECTION FINDINGS
304. 1. 2 Climatic
305. 6 Climatic & Topographical
305. 7 Climatic & Topographical
307 Climatic & Topographical
307. 6 Climatic & Topographical
307. 6. 1 Climatic & Topographical
307. 6. 2 Climatic & Topographical
307.6. 2. 1 Climatic & Topographical
324 Climatic
325 Climatic
326 Climatic
327 Climatic
327. 1 Climatic

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RESOLUTION NO. 2022- 5828
PAGE NO. 7
327.2 Climatic & Topographical
407.5 Climatic & Topographical
501. 1 Climatic, Topographical & Geological
510. 1 Climatic, Topographical & Geological
903.2 Climatic, Topographical & Geological
903.2. 8 Climatic, Topographical & Geological
903. 3. 5. 3 Climatic & Topographical
2808.2 Climatic
2808.3 Climatic
2808. 4 Climatic
2808. 7 Climatic
2808.9 Climatic
2808. 11 Climatic
2808. 11. 1 Climatic
2808. 11. 2 Climatic
2808. 12 Climatic
2808. 13 Climatic
2808. 14 Climatic
2808. 15 Climatic
2808. 16 Climatic
4903. 3 Climatic
5001. 5. 2 Climatic and Geological
5003. 1. 1. 1 Climatic and Geological
5801. 1 Climatic & Topographical
NFPA13 Topographical & Geological
NFPA13D Climatic & Topographical
NFPA24 Geological

CALIFORNIA ELECTRICAL CODE

CODE SECTION FINDINGS
110. 5 Climatic
422. 10 Climatic

CALIFORNIA PLUMBING CODE

CODE SECTION FINDINGS
610.8 Climatic
D101. 1 Climatic
H1101. 0 Climatic
Additional amendments have been made to the California Building Code 2022 Edition, the California Residential Code, 2022 Edition, the California Electrical Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Plumbing Code, 2022 Edition, the California Fire Code, 2022 Edition, and the California Green Building Standards, 2022 Edition. On the recommendation of the Building Division and Orange

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RESOLUTION NO. 2022- 5828
PAGE NO. 8
County Fire Authority, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the Codes. The changes made include provisions making each of the said Codes compatible with other Codes enforced by the City.

Section 3
The Building Division shall file copies of this Resolution and Ordinance Numbers: 2022- 1094, 2022- 1095, 2022- 1096, 2022- 1097, 2022- 1098, 2022- 1099, 2022- 1100, 2022- 1101, 2022- 1102, 2022- 1103 and 2022- 1104 with the California Building Standards Commission as required by Health and Safety code Section 17958. 7.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 15th day of November 2022.

CARLOS RODRIGU iAYOR

CITY OF YORBA LI DA
ATTEST:

Gvte tc Ui

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

APPROVED AS TO FORM

RUTAN & TUCKER LLP
CITY ATT• RN EY

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RESOLUTION NO. 2022-5828
PAGE NO. 9

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 15th day of November 2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Haney, Hernandez, Huang, Rodriguez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 376 of 397 ends

1 Ordinance 2020-1080 was adopted on June 1, 2020, to implement the requirements of AB 1236.

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, AICP, DIRECTOR OF COMMUNITY DEVELOPMENT PREPARED BY: JIM SOWERS, CBO, BUILDING OFFICIAL
SUBJECT: ORDINANCE NO. 2022-1105 REGARDING EXPEDITED PERMITTING FOR

ELECTRIC VEHICLE CHARGING STATIONS

RECOMMENDATION
It is recommended that the City Council introduce for first reading Ordinance No. 2022-1105 as required by state law for expediting permit applications for Electric Vehicle Charging Stations for residential and commercial applications.

BACKGROUND
This ordinance will repeal Ordinance No. 2020-1080¹ and install the new requirements found in AB 970, while maintaining the mandatory requirements from AB 1236. Assembly Bill 970 provides clarification on key terms and specific permit processing timelines for jurisdictions to adhere to by 2023. Both AB 1236 and AB 970 require cities to adopt regulations and procedures to expedite and streamline the permitting process for Electric Vehicle Charging Stations (EVCS), all of which have been incorporated into this proposed ordinance. Both bills also specifically prohibit zoning or planning reviews and require a city to:

1. Administratively approve EV charging station applications that satisfy submittal requirements in an adopted checklist, and

2. Publish the checklist on the city’s website, and

3. Accept electronic application submittals and electronic signatures.

The Building Official may however require a use permit if he/she finds, based on substantial evidence, that the EV charging station would have a “specific adverse impact” on the public health or safety, with no feasible method to mitigate the specific, adverse impact. Any conditions imposed on the use permit must be designed to mitigate the “specific adverse impact” upon health or safety at the lowest possible cost.

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ORDINANCE NO. 2022-1105 REGARDING EXPEDITED PERMITTING FOR ELECTRIC

VEHICLE CHARGING STATIONS
P a g e | 2
“Specific adverse impact” is defined stringently, and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65850.7(i)(4).)
In order to develop appropriate application checklists and procedures that comply with AB 1236 and AB 970, City staff used information and best practices provided by the California Office of Business and Economic Development. For reference, information from the State may be found here: https://static.business.ca.gov/wp-content/uploads/2019/12/GoBIZEVCharging-Guidebook.pdf.

The proposed Ordinance for the Council’s consideration complies with AB 1236 and AB 970 and will benefit the public by providing clear guidelines for the efficient and timely installation of EV charging stations. Staff recommends that the City Council approve the proposed Ordinance.

ENVIRONMENTAL ANALYSIS
In adopting this Ordinance, the City Council finds that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Sections 15060(c)(3), 15061 (b)(3) and 15378, in that it can be seen with certainty that the Municipal Code amendments propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment

FISCAL IMPACT
None.

ALTERNATIVES
No alternatives recommended.

ATTACHMENTS
Ordinance No. 2022-1105

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ORDINANCE NO. 2022-1105

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YORBA LINDA AMENDING CHAPTER 15.60 OF THE

YORBA LINDA MUNICIPAL CODE PERTAINING TO

ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, the City of Yorba Linda seeks to implement Government Code sections 65850.7 and 65850.71 to meet the goals set by the State of California pertaining to electric vehicle charging stations; and
WHEREAS, an expedited, streamlined permitting process for electric vehicle charging stations facilitates the convenient charging of electric vehicles; and WHEREAS, the City of Yorba Linda desires to adopt this Ordinance to amend Chapter 15.60 of the City’s Municipal Code pertaining to electric vehicle charging stations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The findings and determinations reflected in the Recitals above are true and correct and are incorporated herein by this reference.

SECTION 2. Chapter 15.60 of the Yorba Linda Municipal Code is hereby amended to read in its entirety as follows:

Section 15.60.010 Title and Purpose
This Chapter 15.60 of the Yorba Linda Municipal Code shall be known as the “City of Yorba Linda Electric Vehicle Charging Permit Expediting Ordinance”, and may be cited as such and referred to herein as “this Chapter”. The purpose of this Chapter is to promote the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such electric vehicle charging stations.

Section 15.60.020 Definitions
The definitions contained in this Section shall govern the construction, meaning and application of the words and phrases used in this Chapter. Words or phrases used in this Chapter that are not specifically defined in this Chapter shall interpreted by the Building Official to give them the meaning that results in the most reasonable application of this Chapter.

Application Checklist: The checklist found on the City’s website containing the information which an electric vehicle charging station (EVCS) application must contain

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ORDINANCE NO. 2022-1105
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to be considered complete and eligible for expedited, streamlined approval pursuant to this Chapter.

Building Official: The City of Yorba Chief Building Official or his or her designee.

City: The City of Yorba Linda.

Electrical Vehicle Charging Station (“EVCS”) or Charging Station: Shall mean any level of electric vehicle supply equipment station that is designated and built-in compliance with Article 625, of the California Electrical Code, as it reads on the effective date of this Section and updated by the corresponding California Electrical Code and by ordinance and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Where applicable, a “charging station” may include essential signage, parking lot striping, wheel stops, bollards and other similar directional and safety improvements as necessary for safe operation of the EVCS equipment.

Electronic submittal: The utilization of the City’s web-based application and document submittal platform.

EVCS application: An application for a building permit or similar non-discretionary permit to install, replace or otherwise alter an EVCS.

Specific adverse impact: The meaning set forth in California Government Code Section 65850.7(i)(4), as may be amended from time to time.

Section 15.60.030 Applicability and Requirements
This Chapter applies to the permitting of all EVCS in the City. EVCS legally established or permitted prior to the effective date of the ordinance codified in this Chapter are not subject to the requirements of this Chapter unless physical alterations are undertaken that materially affect the size, type, location, or components of an EVCS in such a way as to require a new building permit or similar non-discretionary permit.

Routine maintenance and repair, including like-for-like replacement of individual components of an EVCS, shall not be considered a material alteration requiring a new building permit or similar non-discretionary permit.

The provisions of this Chapter shall not be deemed to nullify any provisions of local, state, or federal law. EVCS installed, replaced, or otherwise altered pursuant to this Chapter shall comply with all applicable federal, state, and local health and safety standards and requirements, including but not limited to Title 15 of the Yorba Linda Municipal Code. EVCS shall also meet all applicable safety and performance standards established by the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

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ORDINANCE NO. 2022-1105
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Section 15.60.040 Administration
The Building Official is authorized to administer the provisions of this Chapter.

The Building Official shall have the approval authority for all EVCS applications.

Section 15.60.050 Expedited Permit Application and Review A. Submittal. Every EVCS application shall be submitted to the City either in person or by electronic submittal and shall contain the information set forth in the application checklist.

B. Determination of completeness of EVCS application. Following the City’s receipt of an EVCS application, the Building Official shall determine whether the EVCS application is complete.
1) An EVCS application shall be deemed complete if the Building Official determines that the EVCS application satisfies the information requirements of the application checklist.
2) If the Building Official determines that an EVCS application does not satisfy the information requirements of the Application Checklist, the EVCS application shall be deemed incomplete. EVCS applications deemed incomplete shall be returned to the applicant along with a written correction notice detailing all deficiencies in the EVCS application and any additional information or documentation required to be eligible for expedited, streamlined approval pursuant to this Chapter.

C.Administrative review.
1) EVCS applications deemed complete shall be administratively reviewed by the Building Official. The Building Official’s review shall be limited to whether EVCS applications meet all health and safety requirements of local, state, and federal law. The applicable requirements of local law shall be limited to those standards and regulations necessary to ensure that the EVCS will not have a specific, adverse impact upon the public health or safety. The Building Official’s review of EVCS applications shall not be subject to approval of any associations, as defined in Section 4080 of the Civil Code.
2) Except as otherwise provided in this Chapter, the Building Official shall administratively approve EVCS applications deemed complete which meet all of the following requirements:
a) The EVCS application is consistent with this Chapter; and

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ORDINANCE NO. 2022-1105
PAGE NO. 4
b) The EVCS application meets all health and safety requirements of local, state, and federal law as provided in Subsection 1 above; and c) The Building Official does not make a finding of a specific, adverse impact upon the public health or safety, as detailed in Subsection 3 below.
3) The Building Official shall not be required to administratively approve EVCS applications deemed complete in either of the following situations, and may instead require a conditional use permit, or deny EVCS applications as provided herein:
a) The Building Official may, in consultation with the City's Community Development Director, require a conditional use permit for an EVCS application if the Building Official makes a finding, based on substantial evidence, that the EVCS could have a specific, adverse impact upon the public health or safety. Any conditions imposed on a permit to install an EVCS shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
b) The Building Official may deny an EVCS application if the Building Official makes a finding, based on substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 4) Appeal. An EVCS applicant may appeal any decision of the Building Official made pursuant to this Chapter to the Planning Commission. The timing of and requirements for an appeal shall be as outlined in Yorba Linda Municipal Code section 18.36.810.
5) Electronic signatures. Electronic signatures may be used in lieu of wet signatures on all forms, applications, and other documentation required by this Chapter.

Section 15.60.060 Time Limitations
The following time limitations shall apply on all applications and plan reviews for EVCS.

A. An application to install an EVCS submitted to the Building Official shall be deemed complete if, after the applicable time period noted in subsection 3 below has elapsed, both of the following in subsections 1 and 2 are true:

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ORDINANCE NO. 2022-1105
PAGE NO. 5
1) The Building Official has not deemed the application complete consistent with the Application Checklist provided by the City per Government Code section 65850.7(g).
2) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the EVCS meets all the health and safety requirements of local, state and federal law, consistent with Government Code section 65850.7(b) and (g).
3) Time Limitations.
a) Five (5) business days after submission for 1 to 25 EVCS. b) Ten (10) business days after submission for more than 25 EVCS.

B. An application to install an EVCS shall be deemed approved if the applicable time period noted in subsection 3 below has elapsed and both of the following in subsections 1 and 2 are true:
1) The Building Official has not administratively approved the application pursuant Government Code section 65850.7(b).
2) The Building Official has not made a finding, based on substantial evidence, that the EVCS could have a specific impact on public health or safety or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b).
3) Time Limitations:
a) Twenty (20) business days after the application was deemed complete for 1 to 25 EVCS
b) Forty (40) business days after the application was deemed complete for 25 or more EVCS.

SECTION 3. CEQA
In adopting this Ordinance, the City Council finds that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Sections 15060(c)(3), 15061 (b)(3) and 15378, in that it can be seen with certainty that the Municipal Code amendments propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

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ORDINANCE NO. 2022-1105
PAGE NO. 6
SECTION 4. Severability
If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

SECTION 5. This Chapter supersedes and replaces Chapter 15.60 of the Yorba Linda Municipal Code in its entirety.

SECTION 6. Effective Date.

This Ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this _____ day of __________, 20__. ___________________________
MAYOR

CITY OF YORBA LINDA
ATTEST:
_____________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

APPROVED AS TO FORM

RUTAN & TUCKER LLP

CITY ATTORNEY

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ORDINANCE NO. 2022-1105
PAGE NO. 7

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, Marcia Brown, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the ____ day of ________, 20__, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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CITY CLERK'S OFFICE
DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: CITY COUNCIL INTEREST IN BEING APPOINTED TO ORGANIZATIONS,

AGENCIES, AND COMMITTEES

RECOMMENDATION
It is recommended that the Mayor solicit input from his/her fellow Council Members on whether they are available and interested in serving on a particular entity on the list of City Council Appointments to Organizations, Agencies and Committees by Wednesday, December 14, 2022 so that the Mayor can make recommendations for Council approval at the December 20, 2022 City Council meeting.

BACKGROUND
Ordinance No. 2009-928, adopted on March 17, 2009, states in part that the first Tuesday of each December the Mayor shall ask Council Members to state whether they are available and desire to serve on a particular entity on the list of regional organizations, agencies or committees. The Ordinance further states that the Mayor shall then consider the experience, special skills and workload of each Council Member and prepare written recommendations for presentation as a staff report at the next regular City Council meeting.

The appointments shall be affirmed by a majority vote of the City Council The following agencies pay a stipend or otherwise provide a financial benefit to the appointee: Orange County Fire Authority, Transportation Corridors Agency and Orange County Mosquito & Vector Control District. After Council appointments are confirmed at the next Council meeting, staff will file Form 806 on the City’s website, reporting the compensation paid by these agencies

ALTERNATIVES
Ask for additional information and provide staff with further direction.

ATTACHMENTS

1. List of Current City Council Appointments to Organizations, Agencies and Committees

2. Information re City Council Appointments to Organizations, Agencies and Committees

3. Ordinance No. 2009-928

4. Correspondence

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CITY COUNCIL APPOINTMENTS TO

ORGANIZATIONS, AGENCIES AND COMMITTEES
2022

AGENCY/COMMITTEE DELEGATE ALTERNATE
ACC-OC Mayor Mayor Pro Tem
Bridges at Kraemer Place Community Advisory Board Campbell N/A Finance Committee Rodriguez Haney
Foothill/Eastern Transportation Corridor Agency Huang Campbell League of California Cities - OC Division Huang N/A
Orange County City Selection Committee Mayor N/A
Orange County Council of Governments (OCCOG) Hernandez N/A Orange County Fire Authority Hernandez N/A
Orange County Mosquito and Vector Control District
Huang
2-Year Term Exp. 1/2/23 N/A
Placentia Yorba Linda Unified School District Campbell Rodriguez Southern California Association of Governments Rodriguez Huang Santa Ana River Flood Protection Agency Campbell Huang
Trauma Intervention Program Campbell Haney
Yorba Linda Chamber of Commerce Rodriguez Hernandez
Yorba Linda Water District Hernandez Haney
YLWD/CC Joint Advisory Committee Hernandez Haney
Orange County Mayor's Committee Rodriguez Huang

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INFORMATION RE CITY COUNCIL APPOINTMENTS TO

ORGANIZATIONS, AGENCIES AND COMMITTEES
ASSOCIATION OF CALIFORNIA CITIES – ORANGE COUNTY
Meeting Time 12:00 P.M. – 2:00 PM.

Meeting Dates 3rd Wednesday of the month (Board Meeting) Meeting Place Virtual and Rotating Meeting Locations
Contact: Courtney Arlow (714) 953-1300

Responsibilities Serves as a vital resource for municipal staff and elected officials, educational resource for City
leaders, catalyst for regional collaboration

COMMUNITY ADVISORY BOARD (CAB) BRIDGES AT KRAEMER PLACE Meeting Time Varies
Meeting Dates Meetings will be held twice a year
Meeting Place 600 S. Main Street, Conference Room 1112
Orange, 92868 Contact: Stacy Boisvert, Exec.

Asst. (714) 953-1300

Responsibilities Review the operations of the Bridges at Kraemer Place Year Round Emergency Shelter Program and MultiService Center, enhance community relations and address any strengths and concerns from the neighborhood,
local business, city and county entities, service provider partners and shelter clients and communicate that
information to the County
FINANCE COMMITTEE – STANDING COMMITTEE
Meeting Time Usually 5:00p.m.

Meeting Dates Quarterly or as needed
Meeting Place City Hall
Responsibilities Review check registers and other fiscally related items, act as City’s Audit Committee and meet &
consult with auditors annually prior to the
initiation of the audit, review all findings discussed
in the audit report

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Rev. 11/22

FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
Meeting Time 9:30 A.M.

Meeting Dates Board meetings – 2nd Thursday of month
Committee meetings - noon on Wednesday,
8 days prior to board meetings, as needed
Meeting Place Transportation Corridor Agency
125 Pacifica, Suite 100, Irvine, CA 92618-3304
P.O. Box 53770, Irvine, CA 92619-3770
(949) 754-3400
Responsibilities Represent City and conduct business of the Authority
Compensation $120.00 per meeting (maximum 18 meetings per quarter) plus mileage
LEAGUE OF CALIFORNIA CITIES – OC DIVISION

ORANGE COUNTY CITY SELECTION COMMITTEE
Meeting Time Varies
Meeting Dates: As needed. Normally in May and November, unless a special meeting is scheduled.

Meeting Place Varies
Information The City Selection Committee is made up of all mayors from all 34 cities in OC and their purpose is to appoint people to Boards, Commissions and
Committees.

ORANGE COUNTY COUNCIL OF GOVERNMENTS
Meeting Time 10:30 A.M. – 12:00 P.M.

Meeting Dates 4th Thursday of the month (Board Meeting) Meeting Place OCTA Headquarters, Conference Room 154
600 S. Main Street, Orange, 92868
Responsibilities Attend meetings and report to Council

Composition Public agencies, cities & special districts in OC

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Rev. 11/22

ORANGE COUNTY FIRE AUTHORITY
Meeting Time 6:00 P.M.

Meeting Dates 4th Thursday of month (Board Meeting)
Meeting Place OCFA Headquarters
1 Fire Authority Road
Irvine, CA 92602
(714) 573-6042
Compensation $100.00 per meeting/per day
(maximum $300.00 per month)

ORANGE COUNTY MOSQUITO & VECTOR CONTROL DISTRICT
Meeting Time 3:00 P.M.

Meeting Dates 3rd Thursday of month
Meeting Place 13001 Garden Grove Blvd, Garden Grove
(714) 971-2421, ext. 112
Responsibilities Board of Trustees oversees business of District Information Trustee elected for 2 or 4 year term. Current trustee’s two-year term expires January, 2023.

Compensation $100.00 per meeting (maximum $1,200 per
year)

PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT
Meeting Time 7:00 P.M.

Meeting Dates 2nd Tuesdays monthly but varies
Meeting Place PYLUSD Board Room
1301 E. Orangethorpe Ave., Placentia
Information Liaison between City and PYLUSD. Attend
Board meetings as necessary.

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Rev. 11/22

SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
Meeting Time 4:00 P.M.

Meeting Dates 4th Thursday in January, March, May, June, July, September, and November
Meeting Place Orange County Water District, Rm. C-3
10500 Ellis Avenue, Fountain Valley
(714) 834-5142
Information Notices will be sent prior to meetings.

Full Commission meeting twice yearly.

Executive Committee meets selected months.

TRAUMA INTERVENTION PROGRAM
Meeting Time 8:30 A.M. - 10:00 A.M.

Meeting Dates TBA
Meeting Place Orange County Fire Authority Headquarters 1 Fire Authority Road, Irvine
(714) 314-0744
Responsibilities Attend quarterly meetings and advise TIP staff on ways to improve services provided to the
cities

YORBA LINDA CHAMBER OF COMMERCE
Meeting Date s Board Meeting – 3rd Wednesday of the month, 8:00 A.M. at Community Center, Yorba Linda
Network Connection – Every Tuesday,
11:30 A.M. – 1:00 P.M. Black Gold Golf Club

Meeting Place Chamber of Commerce Office
4801 Park Avenue, Yorba Linda
(714) 993-9537
Responsibilities Liaison between Chamber and City Council

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Rev. 11/22

YORBA LINDA WATER DISTRICT
Meeting Time 6:30 P.M.

Meeting Dates 2nd Tuesdays of month
4th Tuesdays of month (Workshop, 8:30A.M.)
Meeting Place Yorba Linda District Office Board Room
1717 E. Miraloma, Placentia
(714) 777-3018
Responsibilities Attend Board meetings as necessary

YLWD/CC JOINT ADVISORY COMMITTEE
Meeting Time 4:00 P.M.

Meeting Dates Quarterly
Meeting Place City Hall

Information Discuss issues of common interest, projects within community and other related matters

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ORDINANCE NO. 2009- 928

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA

LINDA CONCERNING CITY COUNCIL MEMBER APPOINTMENTS TO

REGION ENTITIES

THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter 2. 04 of the Yorba Linda Municipal Code is hereby amended to add a new Section 2. 04. 210 to read as follows:

2. 04. 210 City Council Member Appointments to Regional Entities.

A. The agenda for the City Council' s regular meeting for the first Tuesday of each December shall contain a staff report under Mayor' s update listing all positions held by Council Members on regional entities and the dates, times and locations of the entities' meetings and the amounts paid for meeting attendance. At the meeting the Mayor shall ask Council Members to state whether they are available and desire to serve a particular entity on the list.

B. The Mayor shall then consider the experience, special skills and workload of each Council Member and prepare written recommendations for presentation as a staff report at the next regular City Council meeting. The appointments shall be affirmed by a majority vote by the City Council."
Section 2. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 3. Effective Date. This ordinance shall take effect thirty days after its adoption.

The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 17th day of March, 2009.

MARKSCHVAG, MAYO

CITY OF YORBA LINDA
ATTEST:
bow
KATHIE M. MENDOZA, CITY CLERK "

CITY OF YORBA LINDA
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP

CIN ATTORNEY

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ORDINANCE NO. 2009-928
PAGE NO. 2

STATE OF CALIFORNIA )
SS.

COUNTY OF ORANGE )
I, KATHIE M. MENDOZA, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of March, 2009, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: - ANDERSON, HORTON', RIKEL, SCHWING, WINDER NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
KATHIE M. MENDOZA, CITY CLERK

CITY OF YORBA LINDA

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O R A N G E C O U N T Y F I R E A U T H O R I T Y P.O. Box 57115, Irvine, CA 92619-7115 • 1 Fire Authority Road, Irvine, CA 92602 Brian Fennessy, Fire Chief (714) 573-6000 www.ocfa.org
Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Garden Grove • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Santa Ana • Seal Beach • Stanton Tustin • Villa Park • Westminster • Yorba Linda • and Unincorporated Areas of Orange County

RESIDENTIAL SPRINKLERS AND SMOKE ALARMS SAVE LIVES
November 17, 2022
Mr. Mark A. Pulone, City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Re: Continuity of Appointee to the OCFA Board of Directors Dear Mr. Pulone:

As Chair of the Orange County Fire Authority (OCFA) Board of Directors, I am writing to request your assistance in the coming months when OCFA’s member agencies make annual appointments of representatives to the Authority’s Board.

Presently, each Director serves on the OCFA Board until the selection of a successor by the appointing body. As part of our ongoing efforts to foster effective governance of the OCFA, we would like to retain continuity of the current Director serving on the Board and minimize turnover to the extent possible. With an operating budget approaching half a billion dollars, over 1,500 employees, four labor associations, and the operation of 78 fire stations, the issues we face are myriad and complex.

The learning curve is steep to become familiar with the organizational structure, its operations and finances, and the types of policies and issues that come before the Board.

We recognize that turnover is unavoidable when Board appointees are termed-out or when they change as a result of election outcomes. However, as Chair, I’m seeking support from our member agencies to minimize voluntary changes made to our Board appointees such as those that can occur in January when our cities and the County reorganize the leadership of their governing bodies and make a variety of committee appointments.

We would appreciate your assistance in discussing and sharing this with the members of your City Council. If you have any questions, please contact me at (714) 270-4133 or Chief Fennessy at (714) 573-6010.

Sincerely,
Michele Steggell
Chair, OCFA Board of Directors
cc: Gene Hernandez, OCFA Board of Directors
Brian Fennessy, Fire Chief

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From: Peggy Huang
To: Marcia Brown
Cc: Mark Pulone
Subject: Seeking reappointment as Yorba Linda"s representative on Orange County Mosquito Vector Control District Date: Tuesday, November 22, 2022 8:47:14 PM
Attachments: Outlook-5pnmcozd.png
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Dear Mayor and Councilmembers,
My position as the City's representative on the OC Mosquito Vector Control Board ("OCMVCD") will end in January 2023. For the past eight years, I have served as Yorba Linda's representative on OCMVCD.

OCMVCD Bylaws permits the city representative to be either an elected official or a member of the public and the appointment to be for two or four years. I am requesting that the City of Yorba Linda reappoint me as the city's representative for a term of four years at your December council meeting.

Currently, I am the vice president of the board and anticipate being elected as president of the board if reappointed as the city's representative. With anticipated changes at OCMVCD, including a new district manager, and the increased mosquito activities and flea-borne diseases afflicting our residents, a continuation of leadership is important to ensure that public health is protected.

During my tenure at OCMVCD, I have served on several committees including personnel, budget, legislative, nuisance, and executive committees. In addition to holding leadership roles at OCMVCD, I have immersed myself in the study of entomology, chemical and organic pesticides, mosquito sterilization technology, and sewage systems in order to provide the most Orange County residents with the most effective eradication methods.

I'd appreciate your consideration to reappoint me to continue to serve on the OC MCVD as a public representative for Yorba Linda for a term of four years.

Thank you for your consideration.

PEGGY HUANG
Councilmember
4845 Casa Loma Avenue | Yorba Linda, CA 92886
P: 714-961-7110 W: yorbalindaca.gov

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BOARD OFFICERS FOR 2022

PRESIDENT

JAMES GOMEZ

VICE-PRESIDENT

PEGGY HUANG

SECRETARY

CRAIG GREEN

DISTRICT MANAGER

RICHARD HOWARD

CLERK OF THE BOARD
TAWNIA E. PETT
BOARD OF TRUSTEES - 2022

ALISO VIEJO

RICHARD HURT

ANAHEIM

LUCILLE KRING
BREA

CECILIA HUPP

BUENA PARK

SUSAN SONNE

COSTA MESA

WILLIAM TURPIT

CYPRESS

SCOTT MINIKUS

DANA POINT

RICHARD VICZOREK

FOUNTAIN VALLEY

KIM CONSTANTINE

FULLERTON

FRED JUNG

GARDEN GROVE

STEPHANIE KLOPFENSTEIN

HUNTINGTON BEACH

MIKE POSEY
IRVINE

TAMMY KIM

LA HABRA

JAMES GOMEZ

LA PALMA
DEBBIE S. BAKER

LAGUNA BEACH

SUE KEMPF

LAGUNA HILLS

ERICA PEZOLD

LAGUNA NIGUEL

RISCHI PAUL SHARMA

LAGUNA WOODS
SHARI L. HORNE

LAKE FOREST

VLADIMIR ANDERSON

LOS ALAMITOS

TANYA DOBY

MISSION VIEJO

ROBERT RUESCH

NEWPORT BEACH

JOY BRENNER
ORANGE

JONATHAN DUMITRU

PLACENTIA

CRAIG GREEN

RANCHO SANTA MARGARITA

APRIL JOSEPHSON

SAN CLEMENTE

STEVE KNOBLOCK

SAN JUAN CAPISTRANO

JOHN TAYLOR

SANTA ANA

NELIDA MENDOZA

SEAL BEACH

SANDRA MASSA-LAVITT

STANTON

GARY TAYLOR
TUSTIN

REBECCA GOMEZ

VILLA PARK

CRYSTAL MILES

WESTMINSTER

CHI CHARLIE NGUEYN

YORBA LINDA

PEGGY HUANG

COUNTY OF ORANGE

ELIZABETH

GUILLEN-MERCHANT
13001 GARDEN GROVE BOULEVARD
GARDEN GROVE, CA 92843-2102
PHONES: (714) 971-2421
(949) 654-2421
FAX: (714) 971-3940
[email protected]
ocvector.org
facebook.com/ocvectorcontrol
twitter.com/ocvector
"An Independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosquito and Vector Control District is to educate and protect Orange County from vectors and prevent vector-borne diseases in an environmentally responsible manner.

November 30, 2022
Honorable Mayor Carlos Rodriguez
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Dear Mayor Rodriguez:

I am writing to you today as the President of the Board of Trustees of the Orange County Mosquito and Vector Control District. The District Board of Trustees is comprised of thirty-five members, one from each of Orange County’s 34 cities and one representing the county at large.

Councilmember Peggy Huang currently serves as the Vice President of the Board of Trustees and is in-line to be the District’s next Board President in 2023. In my opinion, Peggy has been an outstanding member of the District’s Board of Trustees since she was first appointed to serve in 2015. She has served in a number of leadership capacities, chaired a number of Committees, and attended many conferences and meetings in order to expand her knowledge as a member of the Vector Control Board of Trustees.

While Peggy may be transitioning off of her role as a member of the Yorba Linda City Council, her service to the public can continue as a member of the District’s Board of Trustees. The California Health and Safety Code that governs the duties and responsibilities of vector control agencies in California permits and encourages members-at-large to sit on a Board of Trustees. Cities have the discretion of appointing a member of the city council, or a member of the public that resides within the appointing agency’s jurisdiction. The city also has the distinction of determining the length of the term, either for two or four years.

Currently, the District’s Board of Trustees is comprised of twenty-nine sitting council members and six at-large members.

I’d like to ask you to support Peggy Huang’s reappointment to the Orange County Mosquito and Vector Control District Board of Trustees for the next two-or four-year period. In my opinion, Peggy’s past work and institutional knowledge will be a loss to the District if not reappointed.

Regardless of who the city selects to serve on the Board of Trustees, I look forward to working collaboratively on the many issues currently before the Orange County Vector Control District Board of Trustees.

Regards,
James Gomez, President
Orange County Vector Control District Board of Trustees Cc: Peggy Huang

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Yorba Linda City CouncilDecember 6, 2022

Yorba Linda City Council
December 6, 2022