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    23.    
City Council Regular
Meeting Date: 05/22/2018  

SUBJECT:
MUNICIPAL CODE AMENDMENT NO. 18MCA02, AN ORDINANCE AMENDING CHAPTER 16.06.160 FIRE RESISTIVE DESIGN REQUIREMENTS, AND CHAPTER 16.22 FIRE HAZARD OVERLAY DISTRICT OF THE CHINO HILLS MUNICIPAL CODE.
 
RECOMMENDATION:
Introduce an 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.
BACKGROUND/ANALYSIS:
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. These are both important Code sections. However, there are numerous redundancies between the sections, as well as outdated and ambiguous provisions. For example, in existing Chapter 16.06.160 Fire Resistive Design Requirements, the stated intent of the section is to apply to all new construction within the Fire Hazard Overlay and also to all new and existing construction, while Chapter 16.22 addresses only construction within the Fire Hazard Overlay.  Due to ambiguities, staff is often unable to determine with certainty whether Chapter 16.06.160 provisions apply just to the Fire Hazard Overlay area or to all construction citywide. Also, both Chapters contain certain provisions of the Building Code and Fire Code but not to all the relevant provisions. The proposed amendment to these Code sections remove the ambiguities and updates  Building Code and Fire Code  references.

As amended, Chapter 16.06.160 Fire Resistive Design Requirements applies 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.  As amended, Chapter 16.22 Fire Hazard Overlay District applies exclusively to properties within the Fire Hazard Overlay District, which is designated in the City's General Plan Safety Element.  The amendments were drafted with input from the City’s Planning Division, Building Division and Chino Valley Fire District. The City Planning Commission reviewed and recommended approval of the ordinance at their April 24, 2018, public hearing.
 
ENVIRONMENTAL (CEQA) REVIEW:
Adoption of the proposed 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.
FISCAL IMPACT:
None.
Attachments
Ordinance

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