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Ord 711ORDINANCE NO. 711 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, RESCINDING CHAPTER 15.05 OF THE POWAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.05 REGARDING THE POWAY WILDLAND -URBAN INTERFACE CODE, WHICH ADOPTS BY REFERENCE THE INTERNATIONAL WILDLAND -URBAN INTERFACE CODE, 2009 EDITION, WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS WHEREAS, Chapter 15.05 of the Poway Municipal Code is the Poway Wildland - Urban Interface Code, which adopts by reference the International Wildland -Urban Interface Code; and WHEREAS, Chapter 15.05 currently adopts by reference the 2006 version of the International Wildland -Urban Interface Code; and WHEREAS, there is a need to amend Chapter 15.05 because the International Code Council has adopted a 2009 version of the International Wildland -Urban Interface Code; and WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the California Government Code provide authority for cities to adopt codes, or portions of codes, by reference; and WHEREAS, Health & Safety Code Section 17958.5 permits the City of Poway to make such changes or modifications to codes and regulations that the City adopts by reference as are reasonably necessary because of local conditions; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City of Poway, before making any changes or modifications to codes that are being adopted by reference pursuant to Section 17958.5, make express findings that such changes or modifications are needed due to climatic, geologic, or topographic conditions; and WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain climatic, geologic, and topographic features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Poway finds that the modifications and changes to the 2009 International Wildland -Urban Interface Code are reasonably necessary because of the local climatic, geological, and topographical conditions identified in Attachment A; and Ordinance No. 711 Page 2 WHEREAS, certain amendments to the 2009 International Wildland -Urban Interface Code are necessary to mitigate said deleterious effects to the extent possible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Poway Municipal Code Chapter 15.05 is hereby rescinded, and a new Chapter 15.05 is added in its place as follows: 15.05.010 Adoption of Wildland -Urban Interface Code. The City of Poway adopts by reference the 2009 Edition of the International Wildland- Urban Interface Code, as published by the International Code Council, as the Wildland- Urban Interface Code of the City of Poway, except those portions that are added, deleted, modified, or amended by this chapter. One copy of the above - mentioned code has been and is now filed in the office of the City Clerk or the Fire Marshal, City of Poway, and the same is adopted and incorporated as fully as if set out at length herein, with the deletions, modifications, and amendments set forth in this chapter. From the effective date of the ordinance codified in this chapter, its provisions shall be controlling within the limits of the City of Poway. 15.05.020 Administration. Section 101.1 is modified to read as follows: 101.1 Title. These regulations shall be known as the Wildland -Urban Interface Code of City of Poway, hereinafter referred to as "this Code." Section 101.5 is modified to read as follows: 101.5 Additions or Alterations. Additions or alterations may be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this Code, provided the addition or alteration conforms to that required for a new building or structure Exception: Provisions of this Code that specifically apply to existing conditions are retroactive. See Sections 402.3 and 601.1. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this Code, nor shall such additions or alterations cause the existing building or structure to become unsafe. Additions or alterations of an existing building or structure constitute unsafe conditions in the following circumstances: (1) Where the addition or alteration causes the building or structure to become structurally unsafe or overloaded; (2) Where the addition or alteration causes the building or structure Ordinance No. 711 Page 3 to have inadequate access, as required by this Code, or causes the obstruction of existing exits or access; (3) Where the addition or alteration creates a fire hazard or reduces required fire resistance; or (4) Where an addition or alteration otherwise creates conditions dangerous to human life. When additions are made to an existing structure and the addition is within the 100 -foot defensible space, such addition shall be in accordance with setback distances as set forth in this Code, including Sections 504.1.2, 504.1.4, 505.1.2, and 505.1.3. Section 101.7 is added to read as follows: 101.7 Guidance Documents. The Planning Authority Having Jurisdiction (PAHJ) may prepare, circulate for public comment, disseminate, and maintain guidance documents addressing the methods of ignition- resistant construction described in this Code. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same protection that is afforded by the methods required by this Code. These guidance documents may also identify practices that have been determined by the PAHJ and the Fire Authority Having Jurisdiction (FAHJ) to be equivalent, and they may include additional new fire - resistive technologies as they become available. 15.05.030 Appeals. Section 106 is modified to read as follows: 106 Appeals. Section 106 is deleted in its entirety. Appeals shall be governed by Section 15.24.160 of the locally adopted Fire Code. 15.05.040 Permits. Section 107 is modified to read as follows: Section 107 is deleted in its entirety. Permits shall be governed by Section 15.24.160 of the locally adopted Fire Code. 15.05.050 Plans and specifications — Maps. Section 108.3.1 is added to read as follows: 108.3.1 Maps. Any person constructing a new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways, or similar features, shall be required to provide map updates in a format (PDF and /or CAD format as approved by the FAHJ) compatible with Ordinance No. 711 Page 4 current department mapping services, and shall be charged a reasonable fee as established by City Council resolution from time to time for updating all response maps. Section 108.4 is hereby modified to read as follows: 108.4 Vegetation Management Plans. When utilized by the permit applicant pursuant to Section 502, vegetation management plans shall be prepared and shall be submitted to the Code official for review and approval as part of the plans required for a permit. Section 108 is added to read as follows: 108.7.1 Accuracy. While it is important for the information on the vicinity plan to be accurate, it shall not require the precision of a formal land survey. 15.05.060 Definitions. The definition of "Building Official" in Section 202 is modified to read as follows: Building Official. The officer or other designated authority charged with the administration and enforcement of the locally adopted California Building Code or the building official's duly authorized representative. A definition of "Combustible Vegetation" is added to Section 202 as follows: Combustible Vegetation. Material that in its natural state will readily ignite, burn, and transmit fire from the vegetative growth to any structure, including, but not limited to, ground fuels which are any native or landscape vegetation not considered a tree and generally in contact with the ground. A definition of "Discretionary Project" is added to Section 202 as follows: Discretionary Project. A project which requires the public agency to exercise judgment or deliberation when deciding to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. A definition of "Fire Authority Having Jurisdiction (FAHJ)" is added to Section 202 as follows: Fire Authority Having Jurisdiction (FAHJ). The designated entity providing enforcement of fire regulations as they relate to planning, construction, and Ordinance No. 711 Page 5 development. This entity may also provide fire suppression and other emergency services. A definition of "Fire Code" is added to Section 202 as follows: Fire Code. The California Fire Code, as locally adopted with amendments. The definition of "Fire Code Official' is added to Section 202 as follows: Fire Code Official. Fire Code Official shall have the same definition as set forth in the locally adopted Fire Code. The definition for "Fuel, Heavy" in Section 202 is modified to read as follows: Fuel, Heavy. Vegetation consisting of round wood three to eight inches in diameter. Heavy fuels include, but are not limited to, dense conifer stands where there is a heavy accumulation of litter and downed woody material. See applicable National Fire Danger Rating system (NFDR) fuel models G and U, as described in Appendix D. The definition for "Fuel, Light' in Section 202 is modified to read as follows: Fuel, Light. Vegetation consisting of herbaceous plants and round wood that is less than '/< inch in diameter. Light fuels include, but are not limited to western grasslands vegetated by annual or perennial grasses and forbs. Grasses and forbs are the primary ground fuel, but there can be enough needle litter and branch wood present from an open pine stand to contribute to the fuel loading. See applicable National Fire Danger Rating system (NFDR) fuel models A, C, and L, as described in Appendix D. The definition for "Fuel, Medium" in Section 202 is modified to read as follows: Fuel, Medium. Vegetation consisting of round wood % to three inches in diameter. Medium fuels include, but are not limited to, mature, dense fields of California mixed chaparral. See applicable National Fire Danger Rating system (NFDR) fuel models B and F, as described in Appendix D. A definition for "Fuel Modification Zone" is added to Section 202 as follows: Fuel Modification Zone. A strip of land where combustible vegetation has been modified and partially or totally replaced with approved drought - tolerant, fire - resistant, and /or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces radiant and convective heat, thereby Ordinance No. 711 Page 6 reducing the amount of heat exposure on the roadway or structure and providing fire suppression forces with a safer area in which to take action. A definition for "Hazardous Fire Area" is added to Section 202 as follows: Hazardous Fire Area. Any geographic area mapped by the state or local jurisdiction as a very high fire hazard area, or as set forth by the FAHJ that contains the type and condition of vegetation, topography, weather, and structure density to potentially increase the possibility of vegetation conflagration fires shall be considered a hazardous fire area. The definition for "Hazardous Materials" in Section 202 is modified to read as follows: Hazardous Materials. Hazardous Materials shall have the same meaning as set forth in Section 202 of the locally adopted Fire Code. The definition of "Ignition- Resistant Construction Class 3" in Section 202 is hereby deleted. A definition for "Ignition Source" is added to Section 202 as follows: Ignition Source. Any item or substance capable of energy release of a type and magnitude sufficient to ignite any flammable materials that could occur inside or outside of a structure. Examples of ignition source include storage or use of flammable gases and flammable liquids, permanent or temporary electrical wiring, and open -flame devices. A definition for "Ignition- Resistant Material' is added to Section 202 as follows: Ignition- Resistant Material. Any product which, when tested in accordance with California Building Code Standard 8 -1 for a period of 30 minutes, shall not have a flame- spread rating of over 25 and show no evidence of progressive combustion. In addition, the flame front shall not progress more than 10'/2 feet beyond the centerline of the burner at any time during the test. Materials shall pass the accelerated weathering test and be identified as exterior type, in accordance with California Building Code Standard 23 -4. All materials shall bear identification showing the fire performance rating thereof. That identification shall be issued by [CC- ES /ICBO -ES or a testing facility recognized by the State Fire Marshal having a service for inspection of materials at the factory. Ordinance No. 711 Page 7 The enforcing agency may use other definitions of ignition- resistant material that reflect wildfire exposure to building materials and /or their materials performance in resisting ignition. A definition of "Roof Covering" is added to Section 202 as follows: Roof Covering. Roofs shall comply with the California Building Code and have at a minimum a Class A roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. Exception: On qualified historical buildings, wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. A definition for "Off -Site Roadway" is added to Section 202 as follows: Off -Site Roadway. A road, street, public highway, or private road used for fire apparatus access from a publicly maintained road to the boundary of the subject property. A definition for "On -Site Roadway' is added to Section 202 as follows: On -Site Roadway. A road, street, public highway, private road, or driveway used for fire apparatus access within the boundaries of the subject property or land division. A definition for "Planning Authority Having Jurisdiction (PAHJ)" is added to Section 202 as follows: Planning Authority Having Jurisdiction (PAHJ). The identified authority regulating and enforcing planning and /or construction standards. The definition for "Structure" in Section 202 is modified to read as follows: Structure. A residence and attached garage, building, or related facility that is designed primarily for human use or habitation or buildings designed specifically to house livestock. Decking, fences, and similar facilities are not considered structures for the purposes of establishing the limits of the fuel modification zone. Free standing open sided shade covers, sheds, gazebos, and similar accessory structures less than 250 square feet and 30 feet or more from the main building are not considered structures for the purposes of this appendix. (See Accessory Structure.) Ordinance No. 711 Page 8 A definition for "Vegetation Conflagration" is added to Section 202 as follows: Vegetation Conflagration. An uncontrolled fire spreading through vegetative fuels, and exposing and consuming structures in the advancing path of fire. A definition for "Wildland Fuel' is added to Section 202 as follows: Wildland Fuel. Any timber, brush, grass, or other flammable vegetation, living or dead, standing or down, that is not classified as fire - resistive. 15.05.070 Wildland -urban interface areas. Section 302.1 is modified to read as follows: 302.1 Declaration. The legislative body shall declare the wildland -urban interface areas within the jurisdiction. The wildland -urban interface areas shall be based on findings of fact. The wildland -urban interface area boundary shall be any geographic area mapped or otherwise identified by the state or local jurisdiction as a very high fire hazard area, or as set forth by the FAHJ. When the type and condition of vegetation, topography, weather, and structure density which potentially increases the probability of vegetation conflagration exists, such area shall be considered a hazardous fire area. 15.05.090 Applicability. Section 402.1 is modified to read as follows: 402.1. Subdivisions. New subdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads in accordance with the locally adopted Fire Code and access requirements in accordance with Section 403. Section 402.1.1 is modified to read as follows: 402.1.1 Access. New subdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads in accordance with the locally adopted Fire Code and access requirements in accordance with Section 403. Section 402.2.1 is modified to read as follows: 402.2.1 Access. Individual structures hereafter constructed or relocated into or within Wildland -Urban Interface Areas shall be provided with fire apparatus access, in accordance with the locally adopted Fire Code, and driveways in accordance with Section 403.2. Marking of fire protection equipment shall be provided in accordance with Section 403.5 and address markers shall be provided in accordance with Section 403.6. Ordinance No. 711 Page 9 Section 402.2.2 is modified to read as follows: 402.2.2 Water Supply. Individual structures hereafter constructed or relocated into or within Wildland -Urban Interface Areas shall be provided with a conforming water supply in accordance with the locally adopted Fire Code. Exception: Structures constructed to meet the requirements for the class of ignition- resistant construction specified in Table 503.1 for a nonconforming water supply. 15.05.100 Access. Section 403.2 is modified to read as follows: Section 403.2. Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building, measured in an approved manner, is located more than 150 feet from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 16 feet and a minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150 feet in length shall be provided with turnarounds. Driveways in excess of 200 feet in length and less than 24 feet in width, shall be provided with turnouts in addition to turnarounds. A driveway shall not serve more than two improved parcels containing dwelling units. Driveway turnarounds shall have an inside turning radii of not less than 28 feet and an outside turning radii of not less than 45 feet. Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction required to make the turnaround meet the radii requirements for driveway turnarounds. Driveway turnouts shall be an all - weather road surface at least 10 -feet wide and 30 -feet long. The turnout requirement can be waived or modified for existing driveways that comply with the minimum width requirement listed in this section if in the opinion of the fire chief such turnouts will require substantial roadway modification, additional access easements, and /or alteration to such driveway. Driveway turnouts shall be located as required by the fire code official. Vehicle load limits shall be posted at both entrances to bridges and on driveways and private roads containing bridges. Design loads for bridges shall be established by the code official. Section 403.3 is modified to read as follows: 403.3. Fire Apparatus Access Road. Fire apparatus access road shall comply with the locally adopted Fire Code. Ordinance No. 711 Page 10 15.05.110 Water supply. Section 404.5 is modified to read as follows: 404.5 Adequate Water Supply. In Hazardous Fire Areas as defined in the locally adopted Fire Code, the water main capacity for new subdivisions shall not be less than eight inches in diameter unless otherwise approved by the Chief and the City Engineer. Fire hydrant flow shall exceed a minimum of 1,500 gallons per minute with a minimum residual flow pressure of 20 psi. The water flow velocity is not to exceed 15 feet per second and be capable of providing uninterruptible flow capability. For occupied structures outside of the City of Poway water service area, adequate water supply shall be determined for purposes of initial attack and flame front shall be provided as defined in Table 508.2.2 of the California Fire Code as amended by the City of Poway. Section 404.6 is hereby deleted. 15.05.120 Fire protection plan. Section 405.1 is modified to read as follows: 405.1 General. When required by the Fire Code Official, a fire protection plan, or its equivalent, shall be prepared. Section 405.2 is modified to read as follows: 405.2 Content of Wildland Fire Protection Plan. The Wildland Fire Protection Plan may be based upon a community, site - specific wildfire risk assessment that is developed in consultation with local and state government representatives, federal agencies, and other interested parties. The plan shall consider location, topography, geology, aspect, combustible vegetation (fuel types), climatic conditions, and fire history. The plan shall address water supply, access, structural ignitability, structure setback and ignition resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space, and vegetation management. The plan shall identify and prioritize areas for hazardous fuel reduction treatments and recommend the types and methods of treatment that will protect one or more at -risk communities and essential infrastructures. The plan shall recommend measures that homeowners and communities shall take to reduce the ignitability of structures throughout the area addressed by the plan. 15.05.130 Fire hazard severity. Section 502.2 is modified to read as follows: Ordinance No. 711 Page 11 502.2 Fire Hazard Severity Reduction. The fire hazard severity identified in Table 502.1 may be reduced by implementing an approved vegetation management plan. TABLE 502.1 FIRE HAZARD SEVERITY FUEL MODEL CRITICAL FIRE WEATHER FREQUENCY 8 da s Sloe % <_ 40 41-60 ? 61 Light fuel M M H Medium fuel E E E Heavy fuel E E E a. Days per annum. b. When required by the code official, fuel classification shall be based on the historical fuel type for the area. E = Extreme hazard H = High hazard M = Moderate hazard 15.05.140 Ignition - resistant construction. Section 503.1 is modified to read as follows: 503.1 General. Buildings and structures hereafter constructed, modified, or relocated into or within Wildland -Urban Interface Areas shall meet the construction requirements in accordance with Table 503.1. Class 1 and Class 2 ignition- resistant construction shall be in accordance with Sections 504 and 505, respectively. Ordinance No. 711 Page 12 TABLE 503.1 IGNITION - RESISTANT CONSTRUCTION FIRE HAZARD SEVERITY DEFENSIBLE Moderate Hazard High Hazard Extreme Hazard SPACE° Water Supply Water Supply Water Supply Conforming' Nonconforming Conforming Nonconforming` Conforming Nonconforming' IR 1 IR 1 Not Nonconforming IR 2 IR 1 IR 1 Permitted N.C. N.C. IR 1 Conforming IR 2 IR 2 IR 2 IR 1 IR 1 N.C. 1.5 x Not IR 2 IR 2 IR 2 IR 2 IR 1 Conforming Required a. Access shall be in accordance with Section 402. b. Subdivisions shall have a conforming water supply in accordance with Section 402.1. IR 1 = Ignition- resistant construction in accordance with Section 504. IR 2 = Ignition- resistant construction in accordance with Section 505. N.0 = Exterior walls shall have a fire- resistance rating of not less than 1 hour, and the exterior surfaces of such walls shall be noncombustible. Usage of log wall construction is allowed. c. Conformance based on Section 603. d. Conformance based on Section 404. e. A nonconformance water supply is any water system or source that does not comply with Section 404, including situations where there is no water supply for structure protection or fire suppression. 15.05.150 Class 1 ignition- resistant construction. Section 504.1.1 is added as follows: 504.1.1 Zoning Requirements. The minimum setbacks for locating structures on a lot are set by the PAHJ. To minimize fire spread potential the FAHJ may require additional setbacks as described. In no case may the setbacks required by the FAHJ be less than those established by the PAHJ. Ordinance No. 711 Page 13 Section 504.1.2 is added as follows: 504.1.2 Fire Requirements. In those jurisdictions where a FAHJ approves a fuel modification zone of less than 100 feet, all structures, including any part of a structure located within the Wildland -Urban Interface Area, shall not be less than 30 feet measured perpendicular from the subject property line adjacent to wildland fuel. When the property line abuts a public way, the setback is measured to the farthest roadway edge of the public way or street. Exception: When allowed by both the FAHJ and by the PAHJ zoning requirements and the wildland fire hazard is determined to be minimal, the 30- foot setback may be reduced to a minimum of five feet from a property line provided the entire exterior wall, eave, overhang, or any other building construction elements shall comply with the enhanced Class 1 ignition- resistant construction standards. Note: The FAHJ may allow openings in the exterior wall facing the Wildland- Urban Interface Area if it is determined the hazard is minimal. Section 504.1.3 is added as follows: 504.1.3 Future setback modification. All fuel modification zones shall not extend beyond the property line. Exception: The FAHJ may approve fuel modification zones that extend beyond the property lines when a legal agreement, such as an easement running with the land, is in place. Section 504.1.4 is added as follows: 504.1.4 Structure Setback from Slope. A structure shall be set back a minimum of 1.25 feet horizontally from top of slope for every foot in building height measured from the farthest projection of a roof. Structural setbacks from the top of the slope will be required for any development which: 1. Is adjacent to wildland fuel areas, and 2. Is required to have an average slope analysis completed as required by the Poway General Plan to determine the calculated average natural slope of the property, and 3. The average natural slope exceeds 15 percent for the parcel. Ordinance No. 711 Page 14 Structural setbacks from top of slope will not be required for that portion of any development for which: 1. The fire hazard severity of the building site is defined as moderate, as defined in Table 502.1, with a conforming water supply, and with 1.5 times conforming defensible space as defined in Table 603.2, or 2. The length of slope in excess of 15 percent is six feet or less with the remainder of downhill slope less than 15 percent, or 3. The slope is directly adjacent to developed parcels for which fuel management principles have been applied and are in place, and 4. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure. Section 504.1.5 is added as follows: 504.1.5 Mitigation. In jurisdictions where a PAHJ or FAHJ approves a fuel modification zone of less than 100 feet, Class 1 ignition- resistant construction shall be provided and /or additional mitigation as determined by the FAHJ. Section 504.2 is modified to read as follows: Exception: On qualified historical buildings, wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. Section 504.2.2 is added as follows: 504.2.2 Insulation. In the Wildland -Urban Interface Area, paper -faced insulation shall be prohibited in attics or ventilated spaces. Section 504.3.1 is added as follows: Exception: Eave construction on additions may match the existing structure provided that the addition does not exceed 50 percent of the existing structure or 2,500 square feet, whichever is less. Section 504.5 is modified to read: 504.5 Exterior Walls. Exterior walls in the Wildland -Urban Interface Area shall comply with the provisions of the California Building Code and the following additional requirements: Exterior Wall Surfacing Materials. Wood shingle and shake wall covering shall be prohibited. Ordinance No. 711 Page 15 Exception: Livestock stables less than 2,000 square feet total floor area and without restrooms are exempt from the noncombustible wall requirement if constructed a minimum of 100 feet from the property line, from any open space easement, and from any dwelling on the parcel. If a dwelling, or addition to a dwelling is subsequently proposed to be constructed closer than 100 feet from a stable constructed under this exemption, the stable must be retrofitted with noncombustible exterior wall coverings or be removed. Section 504.5.1 is added as follows: 504.5.1 Repair /Replacement. If 50 percent or more of an exterior wall located less than 30 feet from a property line requires repair or replacement, the entire wall shall conform to this section. If less than 50 percent of the wall requires repair or replacement, the existing wall may be repaired or replaced in kind; however, if the wall covering is wood shingle or shake, it must be repaired or replaced with fire- retardant, pressure- treated wood shingles or shake labeled for exterior use and shall meet the requirements of Section 703A.5.2 of the California Building Code. Sections 504.7.2 through 504.7.7 are added as follows: 504.7.2 Fences and Other Attachments to Structures. The first ten feet of fence and other items attached to a structure shall be constructed of noncombustible material, or pressure- treated exterior fire- retardant wood or meet the same fire - resistive standards as the exterior walls of the structure. Exception: Wooden gates are permitted provided that a five -foot minimum length section of noncombustible fencing material is installed as a firebreak immediately adjacent to the gate. Exceptions: 1. A free - standing deck or trellis less than 250 square feet in area and greater than 30 feet from the nearest structures and property lines is not required to meet the fire- resistive requirements of Appendix II -A. 2. A detached deck that is separated from the dwelling by at least five feet of noncombustible surface may be constructed of non -rated wood provided that all of the following conditions are met: a) The decking must be a minimum dimension of 2x (nominal) material. Ordinance No. 711 Page 16 b) The deck is located at or below the elevation of the dwelling is ground -floor level, and not exposed to any underfloor area or basement opening. c) The deck is skirted from the deck - walking surface to ground level with noncombustible material. d) If the deck is skirted, the under -deck area must be vented in conformance with Section 504.10. 504.7.3 Structural Supports and Framing Members. Structural supports and framing members shall be of noncombustible construction; exterior fire - retardant- treated wood; modified, heavy- timber construction; or one -hour, fire - resistive construction. Exception: Structural supports and framing may be constructed of non - fire - rated lumber when decks, balconies, and similar projections are skirted from floor level to ground level with noncombustible material or an approved alternate. The skirted under -deck area must be vented in conformance with Section 504.10. 504.7.4 Decking Surfaces. Decking surfaces, stair treads, risers, and landings of decks, porches, and balconies shall be constructed of noncombustible construction; exterior, fire - retardant - treated wood; modified, heavy- timber construction as described in guidance documents prepared by the PAHJ; one - hour, fire- resistant construction; or alternative decking that passes the performance testing requirements of Section 504.7.5. 504.7.5 Testing of Alternative Decking Materials. Alternative decking materials may be approved when tested to demonstrate passing of the performance requirements of State Fire Marshal Standard 12 -7A -4 and 12 -7A -5. The decking surface shall pass the tests in both Parts A and B of SFM 12 -7A -4; however, the burning brand exposure test of Part B may be conducted with a Class B -sized brand as specified in ASTM E -108 or UL -790. The Conditions of Acceptance of State Fire Marshal Standard 12 -7A -4 shall be modified to read as follows: Part A: Underflame Test 1. Peak heat release rate of less than or equal to 25 kW /ft (269 kW /m 2. Absence of sustained flaming at the conclusion of the 40- minute observation period. 3. Absence of structural failure of any deck board. Ordinance No. 711 Page 17 4. Absence of falling particles that are still burning when reaching the floor. Part B: Burning Brand Test 1. Absence of sustained flaming at the conclusion of the 40- minute observation period. 2. Absence of structural failure of any deck board. 3. Absence of falling particles that are still burning when reaching the floor. Should one of the three replicates fail to meet the conditions of acceptance, three additional tests may be run. All of the additional tests must meet the conditions of acceptance. A testing laboratory accredited by the California Accreditation Service or identified by an ICC- ES /ICBO -ES report shall do the product tests. Test results and reports must be submitted to the PAHJ for analysis and approval prior to being used in the Wildland -Urban Interface Area. Decking materials passing the performance requirements of this section shall be identified with a grade stamp or label not more than every 6 feet along the length of the decking board. 504.7.6 Deck Remodels or Repair. When remodels or repairs are made to decks in areas of the Wildland -Urban Interface Area requiring Enhanced Class 1 ignition- resistant construction and the deck remodel or repair exceeds 50 percent of the projected area or 1,000 square feet, whichever is less, the entire deck shall comply with Section 504.7.2. For the purpose of this exception, deck remodel or repair projects must be separated by at least 12 months to be considered separate projects. 504.7.7 Coatings. The use of paints, coatings, stains, or other surface treatments is not an approved method of protection, as required in this Chapter. Section 504.8 is modified to read as follows: 504.8 Exterior Windows and Glazing. Glass or other transparent, translucent, or opaque glazing shall be of tempered glass, multi - layered glass panels (dual glazed), or glass block, and have a fire- protection rating of not less than 20 minutes, or other assemblies approved by the FAHJ. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to ANSI /AAMA/NWWDA 101/I.S.2 -97 structural requirements Ordinance No. 711 Page 18 Section 504.8.1 is added as follows: 504.8.1 Skylights. Skylights shall be made of tempered glass. Exception: Skylights in commercial buildings are not required to be tempered if the entire building is protected by an approved commercial fire sprinkler system. Section 504.9 is modified to read as follows: 504.9 Exterior Doors. All exterior doors facing the Wildland -Urban Interface Area shall be approved noncombustible construction or ignition- resistant, solid core wood not less than 1 %- inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall comply with Section 504.8. Section 504.10.2 is added as follows: Exception: Attic vents in soffits may be permitted by the FAHJ on those areas of the building that do not face the wildland fuels, when the FAHJ determines it is not a hazard. Section 504.10.3 is added as follows: 504.10.3 Venting on Roofs and Vertical Walls. Roof vents, dormer vents, gable vents, soffit vents, foundation ventilation openings, ventilation openings in vertical walls, or other similar ventilation openings are accepted for use when they meet the terms of the California Office of the State Fire Marshal's CBC Ch7A Compliance Policy(s) for eave and roof vents and the materials used are corrosion resistant. 15.05.160 Class 2 ignition - resistant construction. Section 505. 1.1 is added as follows: 505.1.1 Zoning Requirements. The minimum setbacks for locating structures on a lot are set by the PAHJ. To minimize fire- spread potential, the FAHJ may require additional setbacks as described in Section 505.1.4. In no case may the setbacks required by the FAHJ be less than those established by the PAHJ. Sections 505.1.2 through 505.1.5 are added as follows: 505.1.2 Fire Requirements. In those jurisdictions where a FAHJ approves a fuel modification zone of less than 100 feet, all structures, including any part of a structure located within the Wildland -Urban Interface Area, shall not be less than 30 feet measured perpendicular from the subject property line adjacent to Ordinance No. 711 Page 19 wildland fuel. When the property line abuts a public way, the setback is measured to the farthest roadway edge of the public way or street. Exception: When allowed by both the FAHJ and by the PAHJ zoning requirements and the wildland fire hazard is determined to be minimal, the 30 foot setback may be reduced to a minimum of five feet from a property line provided that the entire exterior wall, eave, overhang, or any other building construction elements shall comply with enhanced Class 1 ignition- resistant construction standards. Note: The FAHJ may allow openings in the exterior wall facing the Wildland- Urban Interface Area if it is determined the hazard is minimal. 505.1.3 Future Setback Modification. All fuel modification zones shall not extend beyond the property line. Exception: The FAHJ may approve a fuel modification zone that extends beyond the property lines when a legal agreement, such as an easement running with the land, is in place and appropriately recorded. 505.1.4 Structure Setback from Slope. A structure shall be set back a minimum 1.25 feet horizontally from the top of slope for every foot in building height measured from the farthest projection from a roof. Structural setbacks from the top of the slope will be required for any development which: 1. Is adjacent to wildland fuel areas, and 2. Is required to have an average slope analysis completed as required by the Poway General Plan to determine the calculated average natural slope of the property, and 3. The average natural slope exceeds 15 percent for the parcel. Structural setbacks from top of slope will not be required for that portion of any development for which: 1. The fire hazard severity of the building site is defined as moderate, as defined in Table 502.1, with a conforming water supply and 1.5 times conforming defensible space as defined in Table 603.2, or 2. The length of slope in excess of 15 percent is six feet or less with the remainder of downhill slope less than 15 percent, or Ordinance No. 711 Page 20 3. The slope is directly adjacent to developed parcels for which fuel management principles have been applied and are in place, and 4. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure. 505.1.5 Mitigation. In jurisdictions where a PAHJ or FAHJ approves a fuel modification zone of less than 100 feet, Class 1 ignition- resistant construction shall be provided and /or additional mitigation as determined by the FAHJ. Section 505.2 is modified to read as follows: 505.2 Roof Covering. Roofs shall comply with the California Building Code and have a minimum of a Class A roof covering. Exception: On qualified historical buildings, a wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. Section 505.2.2 is added as follows: 505.2.2 Insulation. In the Wildland -Urban Interface Area, paper -faced insulation shall be prohibited in attics or ventilated spaces. Section 505.3.1 is added as follows: Exception: Eave construction on additions may match the existing structure, provided that the addition does not exceed 50 percent of the existing structure or 2,500 square feet, whichever is less. Section 505.5 is modified to read as follows: 505.5 Exterior Walls. Exterior walls in the Wildland -Urban Interface Area shall comply with the provisions of the California Building Code and with the following additional requirements: Exterior Wall Surfacing Materials. Wood shingle and shake wall covering shall be prohibited. Exception: Livestock stables with less than 2,000 square feet of total floor area and without restrooms are exempt from the noncombustible wall requirement if constructed a minimum of 100 feet from the property line from any open space easement, and from any dwelling on the parcel. If a dwelling or addition to a dwelling is subsequently proposed to be constructed closer than 100 feet from a stable constructed under this exemption, the stable must be retrofitted with noncombustible exterior wall coverings or be removed. Ordinance No. 711 Page 21 Section 505.5.1 is added as follows: 505.5.1 Repair /Replacement. If 50 percent or more of an exterior wall located less than 30 feet from a property line requires repair or replacement, the entire wall shall conform to this section. If less than 50 percent of the wall requires repair or replacement, the existing wall may be repaired or replaced in kind; however, if the wall covering is wood shingle or shake, it must be repaired or replaced with fire- retardant, pressure- treated wood shingles or shake labeled for exterior use and shall meet the requirements of Section 703A.5 of the California Building Code. Sections 505.7.2 through 505.7.3 are added as follows: 505.7.2 Fences and Other Attachments to Structures. The first five feet of fence and other items attached to a structure shall be constructed of noncombustible material, or pressure- treated exterior fire- retardant wood, or meet the same fire - resistive standards as the exterior walls of the structure. _Exception: Wooden gates are permitted, provided that a five -foot minimum length section of noncombustible fencing material is installed as a firebreak immediately adjacent to the gate. 505.7.3 Coatings. The use of paints, coatings, stains, or other surface treatments is not an approved method of protection as required in this chapter. Section 505.8 is modified to read as follows: 505.8 Exterior Windows and Glazing. 504.8 Exterior Windows and Glazing. Glass or other transparent, translucent, or opaque glazing shall be of tempered glass, multi - layered glass panels (dual glazed), or glass block, and have a fire - protection rating of not less than 20 minutes, or other assemblies approved by the FAHJ. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to ANSI /AAMA/NWWDA 101/I.S.2 -97 structural requirements Section 505.9 is modified to read as follows: 505.9 Exterior Doors. All exterior doors facing the Wildland -Urban Interface Area shall be of approved noncombustible construction or ignition- resistant, solid core wood not less than 1'/<- inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall comply with Section 504.8. Ordinance No. 711 Page 22 Section 505.10.1 is added as follows: Exception: Attic vents in soffits may be permitted by the FAHJ on those areas of the building that do not face the wildland fuels, when the FAHJ determines it is not a hazard. Section 505.10.2 is added as follows: 505.10.2 Venting on Roofs and Vertical Walls. Roof vents, dormer vents, gable vents, soffit vents, foundation ventilation openings, ventilation openings in vertical walls, or other similar ventilation openings are accepted for use when they comply with the Office of the State Fire Marshal's CBC Ch7A Compliance Policy(s). 15.05.170 Class 3 ignition - resistant construction. Section 506 is hereby deleted in its entirety. 15.05.180 Replacement or repair of roof coverings. Section 507.1 is modified to read as follows: 507.1 General. When re- roofing or repairs are made, the entire roof shall consist of fire -rated roof coverings in conformance with Section 503 and Poway Municipal Code Section 15.04.050.Section 507.1.1 is added as follows: 507.1.1 Roof Coverings — Historical Buildings. On qualified, historical buildings, wood roof coverings may be repaired or reconstructed as allowed by the State Historical Building Code. 15.05.190 Defensible space. Section 603.2 is modified to read as follows: 603.2 Fuel Modification. For individual building or structures on a property, in order to qualify as a conforming defensible space for the purpose of Table 503.1, the fuel modification zone shall be achieved by removing or modifying combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. The distances specified in Table 603.2 shall be measured on a horizontal plane, in plan view, from the perimeter or projection of the building or structure as shown in Figure 603.2. The Code official, because of a site - specific analysis based on local conditions and the fire protection plan, may increase distances specified in Table 603.2. The fuel management plan shall conform to the standards and guidelines in Section 6 of the Poway Landscape and Irrigation Design Manual, as adopted by Ordinance No. 711 Page 23 City Council Resolution No. P- 10 -04, titled Fuel Management in Very High Fire Hazard Areas. Section 603.2.4 is added as follows: 603.2.4 Fuel Modification of Brush or Vegetative Growth from Roadways. (a) Fuel Modification at Existing Off -Site Roadways. The Fire Chief and /or his or her designee are authorized to cause the area within 20 feet on each side of the improved width portions of highways and private streets or roads which are improved, designed, or ordinarily used for vehicular traffic to be thinned and reduced of flammable vegetation and other combustible growth shall comply with the requirements of a fuel modification zone. The Fire Chief or his or her designee is authorized to enter upon private property to insure the fuel modification zone requirements are met. 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. (b) Fuel Modification for New Off -Site Roadways when Constructed and New On -Site Roadways. The area 30 feet on each side of the improved width of highways, private roads, streets, and driveways shall comply with requirements of a fuel modification zone. Exceptions: 1. Upon approval by the Fire Department, the roadway fuel modification zones may be reduced provided that the reduction of the zones does not impair access. 2. 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. (c) All roadways shall have a minimum of 13 feet 6 inches of vertical clearance free of vegetation. Ordinance No. 711 Page 24 TABLE 603.2 REQUIRED DEFENSIBLE SPACE URBAN - WILDLAND INTERFACE AREA` FUEL MODIFICATION DISTANCE (FEET) (1) Moderate Hazard 30 High Hazard 100 Extreme Hazard 100 From Table 502.1 Fire Hazard Severity (1) Or as defined in a Fire Protection Plan (See Section 405) Sections 603.3 through 603.3.2 are added as follows: 603.3 Community Fuel Modification. Fuel modification zones to protect new communities shall be provided when required by the Fire Code official in accordance with Section 603 to reduce the fuel loads adjacent to communities and structures within them. 603.3.1 Land Ownership. Fuel modification zone land used to protect a community shall be under the control of an association or other common ownership established in perpetuity for the benefit of the community to be protected. 603.3.2 Plans. Plans shall be approved prior to fuel modification work. Plans shall be placed on a site plan shown in plan view. An elevation plan shall also be provided to indicate the length of the fuel modification zone on the slope. Plans shall include, at a minimum, one plan showing existing vegetation, and three plans showing the location of proposed structures and setback from the top of slope to all structures. Section 603.4 is added as follows: 603.4 Fuel Modification Installations. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy. Ordinance No. 711 Page 25 FIGURE 603.2 MEASUREMENTS OF FUEL MODIFICATION DISTANCE Unmodfzl .1 100 feet AW ModlCied Furl "\ Il�x.ruaalyhe 100 fee. — MwJScl FuA H.z Iplaz. Un difixd F4Pl 15.05.200 Maintenance of defensible space. Section 604.3 is modified to read as follows: 604.3 Responsibility. Persons owning, leasing, controlling, operating, or maintaining buildings or structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space shall be conducted annually or as determined by the FAHJ and may include, but is not limited to, the modification or removal of non -fire resistive or undesirable vegetation as described with the Poway Landscape and Irrigation Design Manual, Tables 6.1 and 6.2, and keeping leaves, needles, and other dead vegetative material regularly removed from roofs of buildings and structures. Section 604.4 is modified to read as follows: 604.4 Trees. Horizontal clearance from tree crowns to structures shall be pruned to maintain a minimum of ten feet for fire resistive trees and 30 feet for non -fire resistive trees. Tree crowns within the defensible space shall be pruned to remove limbs located less than six feet above the ground surface adjacent to the trees. Portions of tree crowns that extend within ten feet of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of ten feet. Dead wood and litter shall be regularly removed from trees. Ornamental trees shall be limited to groupings of two to three trees with canopies for each grouping separated horizontally as described in Table 604. Ordinance No. 711 Page 26 TABLE 604 DISTANCE BETWEEN TREE CANOPIES Distances Between Edge of Mature Tree Canopies Zone A No more than three trees per cluster; minimum distance between clusters or individual non - clustered trees is 20 feet Zone B No less than 2x the diameter of the species' mature canopy. Sections 604.5 through 604.5.5 are added as follows: 604.5 Landscape Requirements — Objective. Provisions of this section are intended to modify fuel load in areas adjacent to structures to create defensible space. 604.5.1 Landscape Submittals. Landscape plans are required for all residential custom homes, production tract homes, multifamily residential, and commercial buildings. Landscape plans shall be submitted and approved by the Development Services Department and the Department of Safety Services prior to the issuance of a building permit. Landscape plan submittals shall follow the submittal requirements found in the Poway Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100 -foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The Fire Marshal may expand or reduce the distance of the fuel modification zone based on project location, surrounding vegetation, and topography. 604.5.2 Landscaping Requirements. All plant materials used shall be from the list of suggested fire- resistive plant species identified in Table 6 -2 of the Poway Landscape and Irrigation Design Manual. The addition of plant material to the approved list will be at the discretion of the Fire Department. Landscape plans shall be in accordance with the following criteria: 1. All non -fire resistive trees, including conifers, pepper trees, eucalyptus, and acacia species shall be planted and maintained so that the drip line of the tree at maturity is a minimum of 30 feet from any combustible structure. All fire resistive tree species shall be planted and maintained at a minimum of ten feet from the drip line of the tree to any combustible structure. 2. For streetscape plantings, all non -fire resistive trees shall be planted so that the center of the tree trunk is 20 feet from edge of curb. Fire resistive trees can be planted ten feet from the edge of the curb to the center of the tree trunk. Ordinance No. 711 Page 27 Trees selected shall be of a type that will not encroach into the roadway nor produce a closed canopy effect. 3. Limit planting of large unbroken masses, especially trees and large shrubs. Groups should be a maximum of two to three trees with mature foliage of any group separated horizontally by at least 20 feet in Zone A, and no less than two times (2x) the diameter of the species' mature canopy in Zone B. 4. If shrubs are located underneath the drip line of a tree, the lowest branch should be at least three times as high as the understory shrubs or ten feet, whichever is greater. 5. Existing trees can be pruned ten feet away from roof, eave, or exterior siding, depending on the physical or flammable characteristics of the tree and the building construction features. 6. All tree branches and palm fronds shall be removed within ten feet of a fireplace chimney or outdoor barbecue. 604.5.3 Orchards, Groves, or Vineyards. All orchards, groves, and vineyards shall be kept in a healthy state and maintained as described below. A ten -foot firebreak shall be cleared between the perimeter of the orchard trees or row of grape vines and native vegetation or ornamental landscaping. Orchards shall be kept clean of dead and /or downed trees. Orchards and vineyards shall be free of combustible debris including, but not limited to, dead branches and dead foliage. All dead grasses between rows of trees or vines shall be removed. 604.5.4 Eucalyptus Forests and Oak Woodlands. All forests and woodlands shall be kept in a healthy state and maintained as described below. The forest or woodlands shall be free of all dead, dying, or diseased trees (excluding tree stumps no higher than six inches above the ground). Dead, dying, or diseased trees shall include insect - infested trees and trees that are no longer living, in the last stages of growth, or infected by a pathogen of any type. If combustible vegetation is located underneath the drip line of a tree, the lowest branch shall be at least three times as high as the understory brush or grasses, or 10 feet, whichever is greater. Firewood shall be neatly stacked and shall have a minimum of 30 feet of clearance (no vegetation) around the entire firewood storage area. Debris and trimmings produced by the removal process shall be removed from the site, or if left, shall be converted into mulch by a chipping machine and evenly dispersed to a maximum depth of six inches. Ordinance No. 711 Page 28 604.5.5 Landscape Installation. All landscaping shall be installed prior to the final inspection for issuance of a certificate of occupancy. 15.05.210 Liquefied petroleum gas installations. Section 606.2 is modified to read as follows: 606.2 Location of Containers. Liquefied petroleum -gas containers shall be located within the defensible space, in accordance with the locally adopted Fire Code. 15.05.220 Storage of firewood and combustible materials. Section 607.1 is modified to read as follows: 607.1 General. Storage of Firewood and Combustible Materials. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, on decks, or under eaves, canopies, or other projections or overhangs. When required by the Code official, storage of firewood and combustible material stored in the defensible space shall be located a minimum of 30 feet from structures and separated from the crown of trees by a minimum of 15 feet, measured horizontally. Firewood and combustible materials not for use on the premises shall be stored so as to not pose a hazard. 15.05.230 General requirements. Section A103 is added to Appendix Chapter 1 as follows: ACCESS RESTRICTIONS A103.1 Restricted entry to public lands. The fire code official is authorized to determine and publicly announce when Wildland -Urban Interface Areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland -Urban Interface Areas that have been closed to entry is prohibited, with the exception of public roadways, inhabited areas, or established trails and campsites that have not been closed during such time when the Wildland -Urban Interface Area is closed to entry. Exceptions: 1. Residents and owners of private property within wildland -urban interface areas and their invitees and guests going to or being on their lands. 2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, and members of a fire department. A103.2.1 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this code shall be placed on every closed area. Ordinance No. 711 Page 29 A103.2.2 Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Owners and occupiers of private or public property within closed and posted areas; their guests or invitees; authorized persons engaged in the operation and maintenance of necessary utilities such as electrical, power, gas, telephone, water and sewer; and local state and federal public officers and their authorized agents acting in the course of duty. A103.5 Tampering with Locks, Barricades, Signs and Address Markers. Locks, barricades, seals, cables, signs, and address markers installed within Wildland- Urban Interface Areas by or under the control of the Fire Code Official shall not be tampered with, mutilated, destroyed. or removed. A103.5.1 Gates, Doors, Barriers and Locks. Gates, doors, barriers, and locks installed by or under the control of the Fire Code Official shall not be unlocked. Section A109 is modified to read as follows: SECTION A109 REFERENCED STANDARDS CBC -2010 California Building Code A107.5 CFC -2010 California Fire Code A104.6, A105.1, A107.5 NFPA 70 -08 National Electrical Code A107.5 15.05.240 Appendices. Appendices "B," "C," "E,° "F," and "H" are hereby deleted. 15.05.250 Conflict. All other ordinances or parts of ordinances in conflict with this chapter are hereby repealed. Wherever a conflict exists in this chapter, the more restrictive requirement shall apply. SECTION 2: Upon passage, the City Clerk shall transmit a copy of this Ordinance to the California Building Standards Commission pursuant to Health & Safety Code Section 17958.7 and the California Department of Housing and Community Development. Ordinance No. 711 Page 30 SECTION 3: Specific boundaries of natural or man -made features of Wildland- Urban Interface Areas shall be as shown on the Wildland -Urban Interface Area map, which is on file in the office of the City Clerk and the office of the Fire Marshal. SECTION 4: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 9th day of November, 2010, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 7th day of December, 2010. C / Don Higginson, M 0 LiqOarA.JTroyan, MMC, City Ordinance No. 711 Page 31 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 711, was duly adopted by the City Council at a meeting of said City Council held on the 7th day of December, 2010, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSTAIN: NONE DISQUALIFIED: NONE i a A. Troyan, MMC ity Clerk City of Poway