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2002-212RESOLUTION NO. 2002R- 212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE 2001 EDITION OF THE CALIFORNIA FIRE CODE, INCORPORATING BY REFERENCE THE 2000 UNIFORM FIRE CODE WITH CALIFORNIA AMENDMENTS, AS CODIFIED IN THE BUILDING STANDARDS CODE, PART 9, TITLE 24, OF THE CALIFORNIA CODE OF REGULATIONS WHEREAS, Section 17958.5 of the Health and Safety Code permits the City to make changes or modifications to the 2001 California Fire Code, incorporating by reference the 2000 Uniform Fire Code with California amendments, as codified within the California Building Standards Code, Part 9, Title 24 of the California Code of Regulations, (hereinafter "2001 California Fire Code"), as such changes or modifications are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, Section 13143.5 of the Health and Safety Code permits a city, by ordinance, to make changes or modifications to the 2001 California Fire Code that are more stringent than the requirements published in the California Building Standards Code, Part 9, Title 24, of the California Code of Regulations, relating to fire and panic safety; and WHEREAS, Sections 13143.5 and 17958.7 of the Health and Safety Code requires the City, prior to adopting the ordinance, to make express findings that the adopted standards are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the Fire Chief of the City of Anaheim has recommended that the 2001 California Fire Code be adopted by the City with certain changes or modifications which are necessary to meet local climatic, geographical or topographical conditions. NOW THEREFORE, BE IT RESOLVED, that the modifications and changes recommended to the 2001 California Fire Code are reasonably necessary due to the following conditions: SECTION 1. That, to the extent that the City's adoption of the 2001 California Fire Code, as amended, makes changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety, such changes and modifications are reasonably necessary due to the following conditions: A. The entire City of Anaheim is located in an area which is subject to periodic wind conditions of extremely high velocity; the City is also subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of those high-velocity winds. B. These dry-climatic conditions and winds contribute to rapid spread of fires originating in high-density housing. These conditions create a need for increased levels of fire protection. C. Traffic and circulation congestion is common throughout the City of Anaheim. This congestion often places at risk the fire-department response time to fire occurrences, and makes it necessary to provide additional fire-protection systems to limit the exposure to death, injury and property loss caused by fire, prior to the arrival of the fire department. D. The City of Anaheim is located in an area of substantial seismic activity. The Whittier/Elsinore fault traverses the northeast section of the City; and the San Andreas fault is also expected to have a major impact on the City of Anaheim and poses a threat to life and property. It is believed these faults are capable of generating up to an 8.3 magnitude earthquake. Major earthquakes are accompanied by congested traffic flow and fires. During a major earthquake, fire-department resources would be extremely taxed, and the ability to respond to fires would be complicated and in some cases impossible. E. The climatic conditions described above are further accentuated by the topographical features of the hill and canyon area on the easterly portion of the city, south of the Riverside (SR-91) Freeway and east of the Costa Mesa (SR-55) Freeway portions of which have been designated either as a "special-protection area" or very high fire hazard severity zone. The "special-protection area" and very high fire hazard severity zone are especially susceptible to fires which may spread quickly from one structure to another due to lack of shrub/brush clearance requirements, and other fire-protection requirements needed to provide reasonable levels of fire safety. In the special protection area and very high fire hazard area zone, these conditions are further accentuated by steep canyons and draws, very steep road grades and dense vegetation which impede responding personnel and equipment. In order to provide reasonable levels of fire safety in the special protection area and very high fire hazard severity zone, more restrictive fire suppression and control safeguards are necessary. SECTION 2. The following modifications to the 2001 California Fire Code, specifically affect the California Building Standards Code and are required due to local climatic, geological and topographical conditions within the City of Anaheim, as follows: Subsection 16.08.270 of the Anaheim Municipal Code: 1. The entire City of Anaheim is located in an area which is subject to periodic wind conditions of extremely high velocity; the City is also subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of high- velocity winds. 2. The climatic conditions described above are further accentuated by the topographical features of the hill and canyon area on the easterly portion of the city, south of the Riverside (SR-91) Freeway and east of the Costa Mesa (SR-55) Freeway portions of which have been designated either as a "special-protection area" or a very high fire hazard severity zone. The "special-protection area" and very high fire hazard severity zone are especially susceptible to fires which may spread quickly from one structure to another due to lack of fire-protection devices, shrub/brush clearance requirements, and other fire-protection requirements needed to provide reasonable levels of fire safety. 3. In order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and that may result in serious injury, it is reasonably necessary for the City of Anaheim to require these local amendments to the 2001 California Fire Code, when adopted, as the most reasonable means to protect the health, safety and welfare of the public. Failure to apply these provisions would result in conditions injurious or detrimental to the public health and safety. The application of these provisions is reasonably necessary to correct or avoid injurious or detrimental conditions. SECTION 3. In order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to require the provisions of the 2001 California Fire Code as amended and adopted. SECTION 4. Of all means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, applying the requirements of the California Fire Code, 2001 Edition, with local amendments, to all areas of the City of Anaheim, including those areas governed by development agreements, is the most reasonable means to protect the health, safety and welfare of the public. Failure to apply these provisions to all areas of the City of Anaheim, including those governed by development agreements, would result in conditions injurious or detrimental to the public health and safety. The application of these provisions is reasonably necessary to correct or avoid injuries or detrimental conditions. Consequently, the provisions of the California Fire Code, 2001 Edition, with amendments shall apply to all property located within the City of Anaheim, notwithstanding that such property may be the subject of developmen~ agreements which became effective prior to the date of adoption of the California Fire Code, 2001 Edition, with local amendments, and which contain any provision to the contrary. BE IT FURTHER RESOLVED that a copy of this Resolution, together with the Ordinance adopting the amendments to the 2001 California Fire Code be filed with the State Department of Housing and Community Development and with the California Building Standards Commission. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim, this 1st day of October , 2002. MAYbR OF THE cfTY OF ~NAHEIM ATTEST: Pro Tern 45967.1 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-212 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kdng, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Daly ~"~TY CLI~RK O~F THE CITY OF ANAHEIM (SEAL)