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95-174 RESOLUTION NO. 95R-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING CODE, 1991 EDITION (ROOF COVERINGS) WHEREAS, Health and Safety Code Section 17958.5 authorizes a city to make changes or modifications to the Uniform Building 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 Building Code before adopting such changes; and WHEREAS, the Chief Building Official of the City of Anaheim has recommended certain modifications and amendments to the roof covering provisions of the Uniform Building Code, 1991 Edition, to be applicable to all areas of the City of Anaheim located east of the Costa Mesa Freeway (SR-55) and south of the Riverside Freeway (SR-91) (hereinafter referred to as "Special Protection Area") that are required by local conditions for the reasons hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the adoption of an ordinance amending Section 15.02.090.060 of, and adding Section 15.092.090.065 to, the Anaheim Municipal Code which ordinance amends Sections 3201 and 3203 of the Uniform Building Code, 1991 Edition, relating to roof covering standards is necessary for the area of the City of Anaheim located within the Special Protection Area due to local climatic, geographical or topographical conditions as follows: 1. The provisions of the Uniform Building Code, 1991 Edition, as heretofore adopted by the City of Anaheim, currently permit the use of materials in the construction of roofs within the Special Protection Area that may contribute to the spread of fire to adjacent and surrounding buildings especially during periods of high-velocity winds. 2. This Special Protection Area is located in a geographic 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 spread across building roofs where such roofs are constructed of material that does not provide adequate fire protection. 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, a more restrictive roofing. standard is 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-resistive roof coverings be used on new structures and re-roofed structures, 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 amend Sections 3201 and 3203 of the Uniform Building Code, 1991 Edition to require Class A roof coverings for all new construction or re-roofing in those areas of 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") as well as to other areas within the Special Protection Area; and to require non-combustible insulation in the installation of skylights, penthouses, solar-energy collectors, and light-transmitting plastics when installed with a Class A roof in any area of the city of Anaheim, including those areas governed by development agreements. 6. Of all means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, amending Section 3203 of the Uniform Building Code, 1991 Edition to require Class A roof coverings for all new construction or re-roofing within the Special Protection Area, including those areas within the Special Protection Area governed by development agreements, and amending Section 3201 of the Uniform Building Code, 1991 Edition to require non- combustible insulation in the installation of skylights, penthouses, solar-energy collectors, and light-transmitting plastics when installed with a Class A roof anywhere within 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 areas within the Special Protection Area governed by development agreements would result in a condition injurious or detrimental to the public health and safety. The application of these provisions is reasonably necessary to correct or avoid such injurious or detrimental condition. Consequently, these provisions of the Uniform Building 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 development agreements which became effective prior to the date of adoption of the Ordinance amending Sections 3201 and 3203 of the Uniform Building Code, 1991 Edition, 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 Building 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. 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-174 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, Daly 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-174 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-174 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