Loading...
95-175 RESOLUTION NO. 95R-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM FIRE CODE, 1991 EDITION, APPENDIX II-A. WHEREAS, Health and Safety Code Section 17958.5 authorizes a city to make changes or modifications to the Uniform Fire Code, 1991 Edition, as are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires the City Council to make express findings of the necessity for modifications in the Uniform Fire Code before adopting such changes; and WHEREAS, the Fire Chief of the City of Anaheim has recommended certain modifications and amendments to Appendix II-A of the Uniform Fire Code, 1991 Edition to require all of the area of the City of Anaheim east of the Costa Mesa Freeway (SR-55) and south of the Riverside Freeway (SR-91) (hereinafter "Special Protection Area") to comply with the provisions of Appendix II-A, relating to suppression and control of hazardous fire areas, as required by local conditions, for the reasons hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that adding Section 16.08.155 to Chapter 16.08 of Title 16 of the Anaheim Municipal Code requiring the Special Protection Area to comply with the provisions of Appendix II-A of the Uniform Fire Code, 1991 Edition, as recommended by the Fire Chief, is hereby expressly found to be necessary due to local climatic, geographical and/or topographical conditions as follows: 1. The provisions of the Uniform Fire Code, 1991 Edition, as heretofore adopted by the city of Anaheim, fail to provide for adequate brush clearance and other fire suppression requirements within developed areas affected by geographical, climatic and topographical conditions that may cause and/or contribute to the spread of fire to adjacent and surrounding buildings especially during periods of high-velocity winds. 2. The Special Protection Area is located in a geographical area subject to periodic high-velocity winds and constant seasonal weather patterns which contribute to increased fire activity. This Special Protection Area is also subject to seasonably high temperatures and dry atmospheric conditions which often occur in conjunction with the high-velocity winds. Due to such climatic, geographical, and topographical conditions, this Special Protection Area is especially susceptible to fires which may spread quickly from one structure to another due to the lack of fire protection devices, shrub/brush clearance requirements and other special fire protection requirements afforded by Appendix II-A of the Uniform Fire Code, 1991 Edition. 3. In this Special Protection Area, 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 this Special Protection Area, more restrictive fire suppression and control safeguards are necessary. 4. Because of the damage and devastation caused by recent fires in Anaheim and in other nearby California cities, and in order to, as soon as possible, reduce the risk of future disasters by requiring that certain fire protection and suppression methodology is implemented in this Special Protection Area, it is necessary that this ordinance be adopted. 5. 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 that the provisions of Appendix II-A of the Uniform Fire Code, 1991 Edition apply as well to the Special Protection Area, including those areas within the Special Protection Area governed by development agreements heretofore approved by the City pursuant to Section 65864, et seq, of the Government Code ("development agreements"). 6. Of all means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, applying the requirements of Appendix II-A of the Uniform Fire Code, 1991 Edition to the Special Protection Area, including those areas within the Special Protection Area 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 areas within the Special Protection Area governed by development agreements would result in a condition injurious or detrimental to the public health and safety and that the application of these provisions is reasonably necessary to correct or avoid such injurious or detrimental condition. Consequently, the provisions of Appendix II-A of the Uniform Fire Code, 1991 Edition shall apply to all property located within the Special Protection Area described hereinabove notwithstanding that said property may be the subject of a development agreement which became effective prior to the date of the addition of Section 16.08.155 to the Anaheim Municipal Code and which development agreement contains any provision to the contrary. BE IT FURTHER RESOLVED that a copy of this Resolution, together with the Ordinance adopting the amendments to the Uniform Fire Code, 1991 Edition, be filed with the State Department of Housing and Community Development. THE FOREGOING RESOLUTION is approved and adopted this 3rd day of October , 1995. MAYOR OF THE CITY/OF ~~ M ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-175 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3rd day of October, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daty NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-175 on the 3rd day of October, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of October, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-175 was duly passed and adopted by the City Council of the City of Anaheim on October 3rd, 1995. CITY CLERK OF THE CITY OF ANAHEIM