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Ord 728ORDINANCE NO. 728 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING CHAPTERS 15.04, 15.08, 15.12, 15.16, AND 15.18, AND SECTION 17.42.030.G OF THE POWAY MUNICIPAL CODE AND ADDING NEW CHAPTERS 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, AND 15.22, ADOPTING BY REFERENCE THE 2010 CALIFORNIA BUILDING STANDARDS CODES, WHICH INCLUDE THE 2010 CALIFORNIA BUILDING CODE, THE 2010 CALIFORNIA ELECTRICAL CODE, THE 2010 CALIFORNIA PLUMBING CODE, THE 2010 CALIFORNIA MECHANICAL CODE, THE 2010 CALIFORNIA ENERGY CODE, THE 2010 CALIFORNIA RESIDENTIAL CODE, AND THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND FURTHER ADDING A NEW SECTION 17.42.030.G OF THE POWAY MUNICIPAL CODE TO REVISE THE MINIMUM OFF - STREET BICYCLE PARKING REQUIREMENTS. WHEREAS, the City of Poway last revised its building codes on November 27, 2007; and WHEREAS, California Health and Safety Code Section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission; and contained in the California Building Standards; and WHEREAS, the California Green Building Standards Code provides standards for off -site bicycle parking differing from those found in the Poway Zoning Ordinance, thereby requiring revision to Chapter 17.42 of the Poway Municipal Code; and WHEREAS, on July 19, 2011, the City Council held duly advertised public hearings to solicit comments from the public on this proposed Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council finds that the modifications and changes to the California Building Standards Code are reasonably necessary because of the following climatic, geologic, and topographical conditions: A. The City is situated in hilly, inland terrain. Approximately 50% of the area is "wildland" for fire purposes, covered by native vegetation on steep and frequently inaccessible hillsides. The native ground cover is highly combustible grasses, dense brush and chaparral. Natural firebreaks in these areas are insignificant. B. The climate in the City of Poway is warm and dry. The winds prevail from the west, with seasonal, strong dry east winds that vary in duration and intensity. These winds can significantly enlarge wildland fire, as well as cause abrupt and unpredictable changes in fire direction. Temperatures ranging between 75 and 100 degrees Fahrenheit are common throughout the year. Ordinance No. 728 Page 2 C. The potential for fire damage is great in the wildland areas; as such, a fire can spread rapidly, and difficult terrain and explosive vegetation can slow response time. D. Rural roads include many narrow winding roadways, often with grades in excess of that for optimal response time for large fire apparatus. An additional factor affecting response time is the distance between the fire stations and the fire location. E. The water supply is limited making it necessary for fire apparatus to travel time - consuming distances to refill once their initial water supply has been utilized. Section 2 : The City Council of the City of Poway finds that this project is exempt from the provisions of the California Environmental Quality Act ( "CEQA ") pursuant to Section 15061(b)(3) in that it entails the adoption of State mandated Building Codes, with minor amendments, and will not have a significant effect on the environment. Section 3 : Chapters 15.04, 15.08, 15.12, 15.16 and 15.18, and Section 17.42.030, of the Poway Municipal Code are hereby repealed. Section 4 : Chapter 15.04, the City Building Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.04.010 Adoption. There is adopted and incorporated by reference herein as the City Building Code for the purpose of prescribing regulations in the City of Poway for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2010 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq., which is based on the International Building Code, 2009 Edition, including those Appendix Chapters adopted by this Chapter. Except as otherwise provided by this Chapter and Chapter 15.02 Poway Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipping, use, height, area and maintenance of buildings and structures within the City of Poway shall be in conformance with the 2010 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, 2009 Edition and the adopted Appendix Chapters, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478. 15.04.020 Findings. The City of Poway has many large brush - covered hillsides. The City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these geographic and topographic conditions necessitate greater fire protection than that provided by the 2010 California Building Code. Therefore, this Chapter alters the International Building Code, 2009 Edition, to require more fire retardant roof coverings. Ordinance No. 728 Page 3 15.04.030 Deletions, revisions and additions to the California Building Code. Deletions, revisions and additions to the 2010 California Building Code, shall be as set forth in the Poway Municipal Code, Sections 15.04.040 through 15.04.060. 15.04.040 Chapter 1, ADMINISTRATION, Deleted. Chapter 1, DIVISION II ADMINISTRATION, of the California Building Code, 2010 Edition, is deleted. 15.04.050 Table 1505.1 Amended. Table 1505.1 of the 2010 California Building Code is amended to read as follows: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION 15.04.060 Appendices. Appendix Chapters C, H and I of the 2010 California Building Code, are adopted herein as a part of the City's Building Code. Section 5 : Chapter 15.08, the City Electrical Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.08.010 Adoption. There is hereby adopted and incorporated by reference herein as the City Electrical Code for the purpose of prescribing regulations in the City of Poway for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2010 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code which is based on the National Electrical Code, 2008 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all installation, alteration or repair of electrical systems within the City of Poway shall be in conformance with the 2010 California Electrical Code, published by the California Building Standards Commission, which is based on the National Electrical Code, 2008 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, MA 02269. Section 6 : Chapter 15. 10, the City Residential Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.10.010 Adoption. There is adopted and incorporated by reference herein as City Residential Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration or repair of use and occupancy, location and maintenance of detached one- and two- family dwellings and townhouses not more than three stories above grade plane and permit requirements and inspection thereof, 2010 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code published by the California Building Standards Commission which is based on the International Residential Code published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478. Ordinance No. 728 Page 4 15.10.020 Findings. The City of Poway has many large brush - covered hillsides. The City is subject to frequent Santa Ana' conditions consisting of dry gusting winds, which create extreme fire dangers. The City Council specifically finds that these climatic, geographic and topographic conditions necessitate greater fire protection than that provided by the 2010 California Residential Code. Therefore, this Chapter alters the California Residential Code to require more fire retardant roof coverings. 15.10.030 Deletions revisions and additions. Deletions, revisions and additions to the 2010 California Residential Code shall be as set forth in the Poway Municipal Code, Sections 15.10.040 through 15.10.060. 15.10.040 Chapter 1, DIVISION II, ADMINISTRATION deleted. Chapter 1, Division II, Administration, of the California Residential Code is deleted. 15.10.050 Section R902.1.3 amended. Section R902.1.3 of the California Residential Code is amended to read as follows: R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one -year periods, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire- retardant roof covering that is at least Class A. 15.10.060 Appendix H adopted, Appendix H of the 2010 California Residential Code is adopted. Section 7 : Chapter 15.12, the City Plumbing Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.12.010 Adoption. There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2010 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq., which is based on the Uniform Plumbing Code 2009 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Poway shall be in conformance with the 2010 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, 2009 Edition, published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, CA 91789 -2825. 15.12.020 Deletions. Deletions to the 2010 California Plumbing Code shall be as set forth in the Poway Municipal Code, Sections 15.12.030 and 15.12.040. Ordinance No. 728 Page 5 15.12.030 Chapter 1, DIVISION II ADMINISTRATION Deleted. Chapter 1, DIVISION II ADMINISTRATION of the California Plumbing Code, 2010 Edition, is deleted. 15.12.040 Appendices G and I Adopted. Appendices G and I of the California Plumbing Code are adopted herein as a part of the City's Plumbing Code. Section 8 : Chapter 15.16, the City Mechanical Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.16.010 Adoption. There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Poway for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat - producing appliances, the 2010 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Mechanical Code, 2009 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat - producing appliances shall be in conformance with the 2010 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto. 15.16.020 Deletions. Deletions to the 2010 California Mechanical Code shall be as set forth in Section 15.16.030. 15.16.030 Chapter 1 -- DIVISION II Deleted. Chapter 1 -- DIVISION II ADMINISTRATION, of the California Mechanical Code, 2010 Edition, is deleted. Section 9 : Chapter 15.18, the City Energy Code, is added to Title 15 of the Poway Municipal Code to read as follows: 15.18.010 Adoption. There is hereby adopted and incorporated by reference herein as the City Energy Code for the purpose of prescribing regulations in the City of Poway for the conservation of energy the 2010 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. and the California Energy Code, 2010 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with the 2010 California Energy Code and any rules and regulations promulgated pursuant thereto, including the California Energy Code, 2010 Edition, published by the California Energy Commission. Section 10 : Chapter 15.22, the City Green Building Standards Code, is added to Title 15 of the Poway Municipal Code to read as follows: Ordinance No. 728 Page 6 15. 22.010 Adoption. There is hereby adopted and incorporated by reference herein as the City Green Building Standards Code for the purpose of prescribing regulations in the City of Poway, for the enhancement of the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and to encourage sustainable construction practices, the 2010 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations; a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq.; and the California Green Building Standards Code. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings shall be in conformance with the 2010 California Green Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Green Building Standards Code 2010 Edition, published by the California Building Standards Commission Section 11 : A new Poway Municipal Code Section 17.42.030.G of Chapter 17.42 is added to Title 17 of the Poway Municipal Code to read as follows: G. Bicycle Parking Requirements. Provide permanently anchored bicycle racks within 100 feet of the visitors' entrance for 5% of automobile spaces required. Bicycle parking facilities shall be stationary storage racks or devices designed to secure the frame and wheel of the bicycle. Section 12 : When the requirements of the Poway Municipal Code conflict with the requirements of any other part of the California Building Standards Code, Title 24, the most restrictive requirements shall prevail. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and 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 19th day of July 2011, and thereafter PASSED and ADOPTED at a regular meeting of said City Council held the 2nd day of August 2011. Don Higginson, May r ATTEST: Lin . T oyan, MMC, City Clerk Ordinance No. 728 Page 7 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, that the foregoing Ordinance No. 728 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of August 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE in A. Troyan, MMC, Clerk Ci of Poway