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Ordinance No. 329 ORDINANCE NO. 329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 18MCA02, AMENDING CHAPTER 16.06.160 FIRE RESISTIVE DESIGN REQUIREMENTS, AND CHAPTER 16.22 FIRE HAZARD OVERLAY DISTRICT AND DETERMINING THE ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. Chapter 16.06.160 Fire Resistive Design Requirements and Chapter 16.22 Fire Hazard Overlay District both contain standards that require fire resistant design and provisions specific to the City's Fire Hazard Overlay District. B. The proposed ordinance is intended to remove redundancies as well as outdated and ambiguous provisions, to clarify which provisions apply to the Fire Hazard Overlay District area only as opposed to all construction citywide and to clarify that the provisions of the Building Code and Fire Code apply to construction. C. The proposed ordinance is intended to mitigate against the threat of wildland fires in that Chapter 16.06.160 Fire Resistive Design Requirements has been revised to apply citywide to all new construction and to existing structures where construction to an existing structure results in an increase in size of fifty(50) percent or more rather than merely to the Fire Hazard Overlay District area. D. Chapter 16.22 Fire Hazard Overlay District applies to all properties within the Fire Hazard Overlay District as designated in the City's General Plan and updated as required based on information provided by California Department of Forestry and Fire (Cal Fire) or Chino Valley Fire District (CVFD). E. Both City Building Division and CVFD staff have reviewed and recommend the proposed ordinance amendments. F. On May 1, 2018, the Planning Commission held a public hearing recommending to the City Council approval of Municipal Code Amendment 1 of 10 No. 18MCA02, an Ordinance amending Chapter 16.06.160 Fire Resistive r Design Requirements, and Chapter 16.22 Fire Hazard Overlay District of [. the Chino Hills Municipal Code. The Planning Commission voted to L recommend 18MCA02 to the City Council. G. On May 22, 2018, the City Council held a duly noticed public hearing to consider Municipal Code Amendment No. 18MCA02 and considered the Planning Commission recommendation as well as any input provided by the public. SECTION 2. The City Council finds and determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. ("CEQA") pursuant to California Code of Regulations Title 14, § 15308 (Class 8) which includes actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. SECTION 3. In accordance with Chino Hills Municipal Code § 16.62.040, the City Council makes the following findings of fact: A. FINDING: That the proposed Municipal Code amendment is consistent with r the goals, policies, and objectives of the General Plan. FACT: The proposed Municipal Code amendment is consistent with the goals, policies, and objectives of the General Plan Safety Element, specifically Goal S-4 to minimize risks from fire hazards, and related policies which include reducing fire risk through City development and operation policies. The proposed Code amendment eliminates redundancies between Chapter 16.06.160 Fire Resistive Design Requirements and Chapter 16.22 Fire Hazard Overlay District and revises outdated and ambiguous provisions. By so doing, the proposed Code amendment serves to mitigate risks from fire hazards. B. FINDING: That the proposed Municipal Code amendment will not adversely affect surrounding properties. FACT: The proposed Municipal Code amendment clarifies and updates Chapter 16.06.160 Fire Resistive Design Requirements to apply citywide to all new construction and to existing structures where construction to an existing structure results in an increase in size of fifty (50) percent or more. The Code amendment also clarifies and updates Chapter 16.22 Fire Hazard Overlay District to apply to all properties within the Fire Hazard Overlay District as designated in the City's General Plan and updated as required based on information provided by Cal Fire or CVFD. Project design and structures located within the Fire Hazard Overlay District are also required to meet the requirements of Chapter 16.06.160, Fire Resistive Design Requirements, 2of10 unless the requirements of the Fire Hazard Overlay District are more restrictive. By enhancing compliance with Fire safety provisions, the proposed Code amendment would benefit surrounding properties. SECTION 4. The City Council hereby amends Chapter 16.06.160 (Fire Resistive Design Requirements) of the Municipal Code in its entirety, as follows: 16.06.160 - Fire Resistive Design Requirements. The provisions of this section apply citywide to all new construction and to existing structures where construction to an existing structure results in an increase in size of fifty (50) percent or more. Structures and projects located within the "Fire Hazard Overlay District" have additional construction and design requirements(see Chapter 16.22, Fire Hazard Overlay District). A. Fire Resistive Construction Requirements. 1. All construction shall comply with the requirements of the California Fire Code, as amended, as adopted in Chapter 8.16 of this code, and all other applicable standards set forth by the Chino Valley Fire District. 2. All construction shall comply with the requirements of the California Building Code and California Residential Code, as amended, as adopted in Chapter 1 15.04 of this code (Building Code). 3. Ember screens meeting Building Code standards shall be provided for all evaporative air conditioners and for any gap leading into the roof space or attic areas of a home (e.g., air vents) to protect against embers. B. Fire Resistive Building Separation Requirements. 1. All habitable and non-habitable structures shall have a minimum ten (10)foot exterior wall separation from other structures. This required separation applies to structures on the same lot as well as structures on adjoining lots, unless the adjoining lot contains an existing nonconforming structure that makes the ten (10) foot exterior wall separation not possible, in which case the proposed structure shall be required to meet its required setback only. For the purposes of this section, structure is as "a walled or covered building that is principally above ground and subject to a building permit." 2. Structures that are constructed with all non-combustible materials are not subject to the ten (10)foot building separation requirements. 3. Structures on the same lot that are connected by a common wall are not subject to the ten (10) foot building separation requirement. For the purposes of this section, "connected by a common wall" means that the proposed structure is connected to the existing structure by a wall plane that is at least 50% of the length of the longest wall of the proposed structure. 3 of 10 C. Project Design Requirements. 1. Any proposed private driveway and/or private access roadway to a residential unit(s) that exceeds one hundred fifty (150) feet in length, must be approved by the Chino Valley Fire District and the Community Development Director based on findings that adequate fire resistance standards and vehicular access are provided. 2. All development projects and each phase of such projects, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to City road standards. All streets within the project shall be designed with a minimum paved surface width of thirty-six (36) feet. 3. Lengths of Culs-de-Sac. a. Culs-de-sac shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection or as approved by the Chino Valley Fire District. b. One of the following measures or combinations of such measures may be used to mitigate the effect of creating culs-de-sac up to six hundred (600)feet in length. i. Limitation of the total number of dwelling units which have access r , to the cul-de-sac to no more than fifteen (15), and restriction of j further subdivision of parcels and construction of additional L independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the development project or other method as approved by the Community Development Director. ii. A continuous perimeter access road at least twenty(20)feet in width is provided along the portion of the cul-de-sac exposed to fuel- modified areas such that it is drivable under normal conditions by firefighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul- de-sac in question. c. For public streets, the cul-de-sac road shall have a minimum forty (40) foot wide paved surface. There shall be at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul- de-sac bulb in allowing firefighting vehicles adequate room to turn around. For private streets, the cul-de-sac road may have a minimum twenty-six (26) foot wide paved surface, provided no parking is allowed on the street. 4of10 SECTION 5. The City Council hereby amends Chapter 16.22 (Fire Hazard Overlay District) of the Municipal Code in its entirety to read as follows: 16.22 - Fire Hazard Overlay District 16.22.010 - Intent and Purpose. A. The Fire Hazard Overlay District is established to mitigate against the threat of wildland fires. The standards set forth in this chapter provide additional opportunity for firefighting vehicles to have access into wildland interface areas. An additional intent of these standards is to prevent structures from becoming a barrier between firefighting equipment/personnel and wildland areas. B. The Fire Hazard Overlay District shall be designated in the City's General Plan and updated as required based on information provided by California Department of Forestry and Fire (Cal Fire) or Chino Valley Fire District (CVFD). C. Project design and structures located within the "Fire Hazard Overlay District" shall also meet the requirements of Chapter 16.06.160, Fire Resistive Design Requirements, unless the requirements of the Fire Hazard Overlay District are more restrictive, in which case the more restrictive requirements shall apply. 16.22.020 - General Provisions. A. The provisions of this chapter shall apply to all new construction, and to existing structures where construction to an existing structure results in an increase in size of fifty(50) percent or more, within the Fire Hazard Overlay District. B. All proposed development must meet all other applicable standards properly adopted by the Chino Valley Fire District. C. The area of the City regulated by the Fire Hazard Overlay District has been adopted as Figure 5-10, Fire Hazard Overlay District of the City General Plan Safety Element, and is depicted in Figure 16.22-1 set forth below: 5 of 10 1 CITY OF CHINO HILLS FIRE HAZARD OVERLAY DISTRICT Nth DESCRIPTION , NO HAZARD FIRE HAZARD DISTRICT / . . '- , .:.,)::Jit' '•!:.,,:A1440,, ' f.3t •4. .,g ../ • .,. 41, Att .,: ,A„.,,v)...,,i) . ..v-1,-..::-i ,.._.. \ • ,., ' 1,.:,...'. •i.X1+... , ' ' .!..-r''l'Z• liz/41,4:: fei, ,.4 . . N 0 0.5 1 2 mom immimm Miles Figure 16.22-1 Fire Hazard Overlay District 6 of 10 16.22.030 - Regulations for the Fire Hazard Overlay District. A. Construction Requirements. 1. All construction shall comply with the requirements of Section 7A of the Building Code. B. Building Separations Standards. a. Structures on separate lots shall have exterior wall separations from any structure on an adjoining lot of at least thirty(30)feet. This separation shall be clear to sky with no roof or overhang obstructing the separation. Alternate measures that achieve the same level of protection as a thirty (30) foot separation may be substituted in lieu of the thirty(30) foot separation, subject to approval by the Chino Valley Fire District and the Community Development Director. For the purposes of this section, structure is "a walled or covered building that is principally above ground and subject to a building permit." 16.22.040 - Regulations for the Fuel Modification Areas. I1 A. A permanent fuel modification area is required around development projects or portions of such projects for the purpose of fire protection. The required width of the fuel modification area shall be determined by the Chino Valley Fire District as deemed necessary to mitigate fire hazards, but in no case shall it be less than one hundred (100) feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined based upon: 1. The natural ungraded slope of the land within the project and in the areas adjacent to the project; 2. Fuel loading; 3. Access to the project and access directly to the fuel-modified area; 4. The on-site availability of water that can be used for firefighting purposes. B. Adequate provisions shall be made for the continual maintenance of such areas, and such areas shall be designated as common open space rather than private open space. C. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. D. When development projects are phased, required fuel modification areas shall be in place prior to the first certificate of occupancy. 7of10 E. Perimeter Access to Fuel Modification Area 1. Development projects shall provide for adequate vehicular access for firefighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel-modification area. The development shall provide for the continual maintenance of the areas intended to provide such access ensuring that the access ways are unobstructed and maintained in good condition. Perimeter access shall be provided through one of the following two measures unless otherwise approved by the Chino Valley Fire District: a. The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a wildland urban interface, open space or fuel-modified area, and which is accessible to firefighting equipment. Such a road shall be paved with all-weather material and capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of twelve (12) percent unless otherwise approved by the Chino Valley Fire District. b. Development projects shall provide access ways, at least twelve (12) feet in width, with grade not to exceed twelve (12) percent, and capable of supporting firefighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. J SECTION 6. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council states its intention that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. The City Council states its intention that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Chino Hills book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. This Ordinance will take effect on the 30th day following its final passage and adoption. - 8of10 PASSED, APPROVED AND ADOPTED this 12th day of June, 2018. PETER J. -0 LRS, MAW ATTEST: dor. CHERYL BALZITY ELK APPROVED AS TO FORM MARK D. -TENSELY, CITY ADrORNEY7 9 of 10 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 329 was duly introduced at a regular meeting held May 22, 2018; and adopted at a regular meeting of the City Council held on the 12th day of June, 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BALZ(,_CITY-CttF I hereby certify that the foregoing is the original of Ordinance No. 329 duly passed and adopted by the Chino Hills City Council at their regular meeting held on June 12, 2018 and that summaries of the Ordinance were published on June 2, 2018 and June 15, 2018 in the Chino Hills Champion newspaper. CHERYL BALZ'C1 LY CLERK 10 of 10 1-7.11( i'i City of -41111111112 Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 18MCA02, AMENDING CHAPTER 16.06.160 FIRE RESISTIVE DESIGN REQUIREMENTS, AND CHAPTER 16.22 FIRE HAZARD OVERLAY DISTRICT AND DETERMINING THE ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 15th of June, 2018. ro5CHE RYL BALZ, CITY CLERK PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a PUBLIC NOTICE OF newspaper ofgeneral circulation bythe Superior Court of the ADOPTION OF , p CITY OF CHINO HILLS County of San Bernardino, State of California, under the date ORDINANCE N0:328 of August 5, 1952, Case Number 73453; that the notice, of NOTICE IS HEREBY GIVEN that j gon June 12, 2018, the City Council which the annexed is a rinted co set in t e not smaller of the City of Chino Hills adopted P py ( yP Ordinance No.329 entitled: I than nonpareil), has been published in each regular and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO entire issue of said newspaper and not in any supplement HILLS, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. thereof on the following dates, to-wit: 18MCA02, AMENDING CHAPTER 16.06.160 FIRE RESISTIVE DESIGN REQUIREMENTS, AND CHAPTER June 16, all in the year 2018 1 16.22 FIRE HAZARD OVERLAY DISTRICT AND DETERMINING THE ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. I certify (or declare) under penalty of perjury that the Ordinance No. 329 was adopted by the City Council by the following foregoing is true and correct. vote: Ayes: Rogers, Moran, Bennett, Johsz, Marquez Dated at Chino, California, this 16th day of Noes:- None A certified copy of the full text June 2018 of Ordinance No. 329 is available for Drivereview, China in the officHillse, of theCalifornia City Clerk91709,, City of Chino Hills, 14000 City Center \ Monday through Thursday 7:30a.m., 1 to 5:30p.m. and Friday, 7:30a.m. to �r 4:30p.m. I DATED:June 13,2018 (Signature) s/CHERYL BALZ,CITY CLERK Suzanne Rojas JUNi 0 2018 PUBLISH: Chino Hills Champion Saturday,June 16,2018 453-18 . , Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453