HomeMy WebLinkAboutOrdinance 2774 N.C.S. 05/17/2021 Ordinance No. 2774 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
July 1, 2021
ORDINANCE NO. 2774 N.C.S.
Introduced by: D’Lynda Fischer Seconded by: Kevin McDonnell
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING THE 2019
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING: PART 2, 2019
CALIFORNIA BUILDING CODE; PART 2.5, CALIFORNIA RESIDENTIAL CODE; PART 3, 2019
CALIFORNIA ELECTRICAL CODE; PART 4, 2019 CALIFORNIA MECHANICAL CODE; PART 5,
2019 CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 9, 2019
CALIFORNIA FIRE CODE; PART 11, 2019 CALIFORNIA GREEN BUILDING STANDARDS
CODE; AND PART 12, 2019 CALIFORNIA REFERENCED STANDARDS CODE, AND
AMENDMENTS THERETO BASED ON LOCAL CLIMATIC, GEOLOGIC AND TOPOGRAPHIC
CONDITIONS, AND REPEALING CHAPTER 17.24 (SWIMMING POOLS) OF THE PETALUMA
MUNICIPAL CODE
WHEREAS, the State of California adopts updates to the California Building Standards Code, Title 24 of the
of the California Code of Regulations (Code) each three years, which results in a triennial code update cycle for
the State and all local jurisdictions in the state that adopt local amendments to the Code; and
WHEREAS, the Code establishes uniform standards for construction and maintenance of buildings, electrical
systems, plumbing systems, mechanical systems, and fire and life safety systems, and the Code takes automatic
effect throughout the state, including in each local jurisdiction, on January 1 following the State’s adoption of the
latest triennial Code update; and
WHEREAS, local jurisdictions are permitted, pursuant to Health & Safety Code Section 17958.7, to adopt
local amendments that exceed the Code requirements to address local climatic, geological, or topographical
conditions when reasonably necessary based on express findings supporting the need for local amendments which
findings must be filed with the State Building Standards Commission before the local amendments take effect;
and
WHEREAS, this ordinance includes findings supporting the need for local Code amendments based on
particular threats, including climate change threats to Petaluma under the topics of wildfire hazards (i.e., climatic
and topographic conditions), seismicity (i.e., geological conditions), and flooding/sea level rise (i.e., climatic and
topographic conditions); and
WHEREAS, within the triennial Code update cycle the State issues mid-cycle updates that further augment,
correct, and/or clarify the most recent code adoption as needed, and the most recent mid-cycle or intervening code
update issued by the State takes effect on July 1, 2021 and includes new definitions for Accessory Dwelling Units
(ADUs) and several changes to correct errors and omissions; and
WHEREAS, the City adopted the most recent 2019 triennial Code update by urgency ordinance in December
2019 (effective January 2020) and by standard ordinance in January 2020, which took effect in February, 2020,
and superseded the urgency ordinance; and
WHEREAS, this ordinance is intended to update and clarify Petaluma’s local Code amendments as adopted
by the City Council effective January 1, 2020 and to preserve and protect the health, safety and welfare of the
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citizens of the City of Petaluma by ensuring the standards of building within the City conform with state law
except where local climatic, geological, and topographic conditions warrant more restrictive regulations; and
WHEREAS, the Code amendments in this ordinance are exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines because the y
have no potential for resulting in a direct or reasonably foreseeable indirect physical change in the env ironment,
because the proposed amendments are regulatory in nature, and provide heating design parameters based on local
conditions, delete outdated pool fencing regulations, correct errors in references to jurisdictions and code names,
harmonize Code provisions with separate City all electric requirements, update stop work order procedures,
restore a provision regarding substantial building improvements that trigger sprinkler requirements, update JADU
definitions, update electrical code panel requirements to accommodate solar panels and EV charging, provide
flexibility regarding small restaurant restroom facilities, and provide for gray water diversion; and
WHEREAS, the Code amendments in this ordinance are also exempt from CEQA pursuant to Section
15060(c)(3) of the CEQA Guidelines because they are not a project as defined in Section 15378 of the CEQA
Guidelines because the Code amendments as summarized above are continuing administrative or maintenance
activities, such as general policy and procedure making in accordance with CEQA Guidelines Section
15378(b)(2), and organizational or administrative activities of governments that will not result in direct or indirect
physical changes in the environment in accordance with CEQA Guidelines Section 15378(b)(5); and
WHEREAS, the Code amendments in this ordinance as summarized above are also exempt from CEQA in
accordance with Section 15307 of the CEQA Guidelines as an action taken by the City as authorized by state law
to assure the maintenance, restoration or enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment, in accordance with the findings in Sections 3 and 4; and
WHEREAS, the Code amendments in this ordinance as summarized above are also exempt from CEQA in
accordance with Section 15308 of the CEQA Guidelines as an action taken by the City as authorized by state law
to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment in accordance with the findings in Sections 3 and
4; and
WHEREAS, the City Council considered this ordinance and the Code amendments it contains at a duly
noticed public meeting on May 3, 2021 at which time all interested members of the public were provided the
opportunity to submit comment.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma as follows:
SECTION 1. RECITALS INCORPORATED AS FINDINGS.
The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby incorporates
them into this ordinance as findings and determinations of the City Council.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Code amendments adopted pursuant to this ordinance are exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines because the y
have no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment,
because the proposed amendments are regulatory in nature, and provide heating design parameters based on local
conditions, delete outdated pool fencing regulations, correct errors in references to jurisdictions and code names,
harmonize Code provisions with separate City all electric requirements, update stop work order procedures,
restore a provision regarding substantial building improvements that trigger sprinkler requirements, update JADU
definitions, update electrical code panel requirements to accommodate solar panels and EV charging, provide
flexibility regarding small restaurant restroom facilities, and provide for gray water diversion.
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The Code amendments adopted pursuant to this ordinance are also exempt from CEQA pursuant to Section
15060(c)(3) of the CEQA Guidelines because the y are not a project as defined in Section 15378 of the CEQA
Guidelines. The Code amendments are not a CEQA project because they are continuing administrative or
maintenance activities, such as general policy and procedure making in accordance with CEQA Guidelines
Section 15378(b)(2), and organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment in accordance with CEQA Guidelines Section 15378(b)(5).
The Code amendments adopted pursuant to this ordinance are also exempt from CEQA in accordance with Section
15307 of the CEQA Guidelines as an action taken by the City as authorized by state law to assure the maintenance,
restoration or enhancement of a natural resource where the regulatory process involves procedures for protection
of the environment, in accordance with the findings in Sections 3 and 4.
The Code amendments adopted pursuant to this ordinance are also exempt from CEQA in accordance with Section
15308 of the CEQA Guidelines as an action taken by the City as authorized by state law to assure the maintenance,
restoration, enhancement, or protection of the environment where the regulatory process involves procedures for
protection of the environment in accordance with the findings in Sections 3 and 4.
SECTION 3: HEALTH, SAFETY, AND WELFARE FINDINGS
The City Council hereby finds that in order to best protect the health, safety and welfare of the citizens of the City
of Petaluma, the standards of building within the City must conform with state law except where local climatic,
geologic, and topographic conditions warrant more restrictive regulations. Therefore, the City Council hereby
adopts the current codes, contained in Title 24 of the California Code of Regulations, and other uniform codes
governing the construction and regulation of buildings and structures subject to amendments based on local
climatic, geologic and topographic conditions as contained herein.
SECTION 4. CALIFORNIA HEALTH & SAFETY CODE SECTION 17958.7 FINDINGS.
A. The City Council finds in accordance with the requirements of Health and Safety C ode Section 17958.7 that
the local amendments to the California Building Standards Code adopted pursuant to this ordinance are
reasonably necessary because of the following local climatic, geological, and topographical conditions:
1. Climatic Conditions
a. Precipitation: Precipitation ranges from twenty inches (20”) to approximately twenty-five inches
(25”) per year. Approximately ninety percent (90%) falls during the months of November through
April, and ten percent (10%) from May through October. Severe flooding occurred during the months
of January and March, 1995 and in 1998 and 2006.
b. Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and eighty-
six percent (86%) at night. It drops to twenty-percent (20%) during the summer months and
occasionally drops lower during the months of September through November.
c. Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average summer
highs are in the 78-85 degree range.
d. Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to 7.4-
30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to
occur.
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e. Soils: Much of Petaluma has "Adobe" type soil. This soil has very high clay content and is extremely
expansive. With Petaluma's dry summers and wet winters, the moisture content of the soil varies
greatly during the course of the year. This moisture content change causes expansion/contraction of
the clay soil. This expansion/contraction can place significant loads on concrete slabs and foundation
systems making some "standard" foundation methods/materials inappropriate for the local conditions
encountered.
f. Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in the
community. Times of little or no rainfall, of low humidity and high temperatures create extremely
hazardous conditions, particularly as they relate to wood shake and shingle roof fires and
conflagrations. The winds experienced in this area also adversely impact structure fires in buildings in
close proximity to one another. Winds can carry sparks and burning branches to other structures, thus
spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into
the building and create a blowtorch effect, in addition to preventing natural ventilation and cross -
ventilation efforts. Petaluma’s downtown and surrounding areas contain numerous historic and older
buildings that are located very close together, which exacerbates the fire danger from dry conditions,
wind, and shake/shingle roofs.
2. Topographic Conditions
a. Setting: The topographic environment of a community is primarily a combination of two (2) factors:
the area's physical geographic characteristics and the historic pattern of urban-suburban development.
These two (2) factors, alone and combined, create a mixture of environments which ultim ately
determine the needs of the City of Petaluma's Building regulations. The basic geographical boundaries
of the city include hills to the south and west, and valley floor in the central area and to the north and
east. The Petaluma River bisects the city through the central area. The City of Petaluma covers 13
square miles, including an urban population estimated at 58,000. The city’s service area is a
conglomeration of bay, plains, hills, valleys, and ridges.
b. Hot, dry weather is potentially dangerous to the foothill areas south of Downtown and at the city’s
northern limits. The Petaluma Fire Department identifies the area south of Downtown as a Very High
Fire Hazard Severity Zone (pursuant to Municipal Code Section 17.20.040) and adjacent to that area
(beyond the City’s jurisdiction), Cal Fire identifies a Moderate Fire Hazard Severity Zone. The foothill
area along the city’s northern limits is designated by Cal Fire as a Moderate and High Fire Hazard
Area.
c. The climatic conditions concerning drought, when combined with the geological characteristics of the
hills to the south and north of the City, create hazardous fire conditions.
d. The City’s development pattern also contributes to its unique fire protection needs. Development has
traditionally occurred on the flat lands (0 – 5% slope) in the central and eastern portions of the City.
However, over the last ten (10) years, development has spread into the hills and the smaller valleys
and canyons. This development has significantly increased the service area for the City’s fire
department and has added complicated logistical challenges for getting fire equipment to remote fires
or fires on steep hillsides. The majority of the hillsides in these areas have slopes ranging from 15 -
30%. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other
factors remaining the same.
e. The local vegetation further contributes to fire dangers in the City. Petaluma's semi-arid
Mediterranean-type climate produces vegetation similar to that of most of Sonoma County. In the
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long periods of the year with little or no rain (April through October), this vegetation provides ready
fuel for fast-spreading wildfires.
f. Currently, within the City, are three (3) fire stations and fifty-three (53) fire personnel (58 when fully
staffed). Because of the size of the City of Petaluma, the characteristics of the fire environment changes
from one location to the next. For example, the central downtown area contains older buildings
situated close together, which increases the ability of fire to spread from one building to the next. In
contrast, some of the properties on the outlying hills are far apart, but contain large grassy acreages
that promote quickly-spreading wildfires during the long dry season. As a result of this risk, departure
from California Building Standards Codes is warranted.
3. Geologic Conditions
a. The relatively young geological processes that have created the San Francisco Bay Area are still active
today. Two (2) active earthquake faults (San Andreas and the Hayward-Rodgers Creek) affect the
Petaluma area. Approximately fifty percent (50%) of the city's land surface is in the high-to-moderate
seismic hazard zones.
b. Seismicity: The City of Petaluma is located within an active seismic area and includes known fault
traces of the Rodgers Creek segment of the Hayward-Rodgers Fault Zone. Groundshaking intensity
maps for Petaluma illustrate that groundshaking intensities in different parts of the city can be light,
moderate, strong, or very strong. The resulting vibration would cause damage to buildings and
infrastructure (primary effects) and could cause ground failures in loose alluvium, landslide deposits,
Bay Mud, or poorly compacted fill (secondary effects).
c. The majority of the City's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials. Hazardous
materials, particularly toxic gases, could pose the greatest threat to the largest number people, should
a significant seismic event occur. The City's resources would have to be prioritized to mitigate the
greatest threat, and may likely be unavailable for fires in smaller single-dwellings and structures.
d. Other variables that may intensify the fire danger after a major seismic event include:
i. The extent of damage to the water system;
ii. The extent of isolation due to bridge and/or freeway overpass collapse;
iii. The extent of roadway damage and/or amount of debris blocking the roadways;
iv. Climatic conditions (hot, dry weather with high winds);
v. Time of day, which will influence the amount of traffic on roadways and could intensify the risk
to life during normal business hours;
vi. The availability of timely mutual aid or assistance from neighboring departments, which will likely
have similar emergencies at the same time; and
vii. The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.
e. Many of the soils found throughout the City of Petaluma are highly expansive adobe type soils. The
combination the highly expansive nature of these soils along with the long dry summers followed by
a compressed rainy season create high stresses on building foundation systems, as such some simpler
types of foundation systems are not adequate for these soils conditi ons. As a result of these climactic
conditions and associated risk, departure from California Building Standards Codes is warranted.
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B. Pursuant to California Health & Safety Code Section 17958.7, the above-described local conditions are a
general summary of the most significant local conditions giving rise to the need for modification of the 2019
California Building Standards Code, specifically Parts 2, 2.5 3, 5, 6, 9, and 11, published by the State Building
Standards Commission.
C. The Code amendments adopted pursuant to this ordinance are reasonably necessary based upon the described
local conditions and such modifications are required to provide specific and greater protections to the public
health, safety and welfare than are afforded by the 2019 California Building Standards Code.
D. Local amendments to the Code, as set forth herein, impose substantially the same non-administrative
regulatory requirements, and are thus equivalent to or more stringent than the most current Code requirements
while also being cost-effective.
E. The findings in this ordinance are a matter of public record in accordance with the requirements of Health &
Safety Code Section 17958.7.
SECTION 5: CURRENT BUILDING CODES ADOPTED WITH LOCAL AMENDMENTS
I. The titles of the following specified provisions of the 2019 California Building Standards Code as
adopted by reference in Petaluma Municipal Code Section 17.04.010, are hereby amended in accordance
with the following and are hereby adopted by reference:
B. Part 2 – 2019 California Building Code based on the 2018 Uniform International Building Code, including
Chapters 31B (Public Swimming Pools), 33 (Safeguards During Construction), Appendix C (Group
U-Agricultural Buildings), Appendix I (Patio Covers) and Appendix J (Grading) in their entirety except
as amended in Section 17.04.020;
C. Part 2.5 – 2019 California Residential Code based on the 2018 Uniform International Residential Code
including Appendix H (Patio Covers), Appendix J (Existing Buildings and Structures), Appendix K
(Sound Transmission), Appendix O (Automatic Vehicular Gates), Appendix Q (Tiny Houses), Appendix
R (light Straw-Clay Construction), Appendix S (Strawbale Construction). Appendix V (Swimming Pool
Safety Act) and Appendix X (Emergency Housing) in their entirety except as amended in Section
17.04.020;
D. Part 3 – 2019 California Electrical Code based on the 2017 National Electrical Code in their entirety
except as amended in 17.04.020;
E. Part 4 – 2019 California Mechanical Code based on the 2018 International Uniform Mechanical Code in
their entirety except as amended in 17.04.020, including Sections 101.0 through 118.1 of Chapter 1
inclusively (Administration);
F. Part 5 – 2019 California Plumbing Code based on the 2018 Uniform International Plumbing Code including
Sections 101.1 through 103.1 of Chapter 1 inclusively (Administration) in their entirety except as amended
in 17.04.020;
G. Part 6 – 2019 California Energy Code in their entirety except as amended in 17.04.020;
J. Part 11—2019 California Green Building Standards Code at the mandatory Level for all Additions and
Alterations and at the Tier Two Level for all Wholly New Construction, For new all-electric construction,
Tier One is required, with the exception of Appendix A4, Division A4.2 Energy Efficiency, and Appendix
A5, Division A5.2 Energy Efficiency, both of which are not adopted including Appendices A4 and A5 at
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Tier One requirements for wholly new buildings, with the exception of Division A4.2 Energy Efficiency
and Division A5.2 Energy Efficiency in their entirety except as amended in 17.04.020;
II. The following specified provisions contained in Petaluma Municipal Code Section 17.04.020 are
hereby amended in accordance with the following:
A. Part 2 of the 2019 California Building Standards Code, California Building Code, as adopted in section
17.04.010(B), is hereby amended to include the following additions, amendments and deletions:
California Building Code
Section 115.7 of the California Building Code is hereby amended to read as follows:
115.7—Fee. An additional investigation fee of one times and up to five times the permit fee shall be added
to each permit subject to a stop work order according to the building official’s determination.
No person, firm or corporation shall erect, construct, repair or move any fences or walls as required in this chapter
without first obtaining a permit for such action from the building official. To obtain the permit, the applicant shall
file an application in writing on a form furnished for that purpose by the building department. The fees for such
permit shall be paid to the building official.
The definition of “Substantial Improvement” in Section 202 of the California Building Code is hereby
amended to read as follows:
Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
improvement of a building or structure that is any of the following:
(1) An existing building or structure not classified as Group R-3 occupancy that undergoes any addition
of floor area that is equal to or exceeds 10 percent of the existing gross floor area of the building or
structure.
(2) An existing building or structure classified as a Group R-3 occupancy that undergoes any addition of
floor area that is equal to or exceeds 50 percent of the existing gross floor area of the building or
structure.
(3) An existing building or structure that undergoes any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement of to floor area of the building or structure
that is equal to or exceeds 50 percent of the existing gross floor area of the building or structure.
(4) If in the determination of the Building Official a building or structure has sustained substantial damage,
as defined by Section 202 of the California Building Code as amended hereby, any combination of
repair, reconstruction, rehabilitation, alteration, addition or other improvement are considered
substantial improvement regardless of the actual work performed.
The Code Official shall aggregate any combination of repair, reconstruction, rehabilitation, alteration,
addition, or other improvements to a building or structure within a three (3) year period, and if the
combined affected gross floor area of the building or structure is equal to or exceeds 50% of gross floor
area of the building or structure, the aggregated work shall constitute substantial improvement.
Petaluma Municipal Code section 17.04.020 is hereby amended in accordance with the following:
Exemption 1 of Section J103.2 of Appendix J of Part 2 of the California Building Code is not adopted.
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B. Part 2.5 of the 2019 California Building Standards Code, California Residential Code, as adopted in
section 17.04.010(C), is hereby amended in accordance with the following:
California Residential Code
Section R105.2 is hereby amended to read as follows:
R105.2(1): One-story detached accessory structures used as tool and storage sheds, playhouses and similar
uses, provided the floor area is not greater than one hundred twenty square feet (120’ sq.) (11.15 m2), and
there are no wall finishes such as, but not limited to, gypsum wallboard, plaster, stucco, or paneling placed
on any interior surface of any wall and/or partition, and no electrical, mechanical or plumbing systems are
contained within the structure.
Section R114, Stop Work Orders, is amended to read as follows:
R114.1 Authority. Whenever the building official finds any work regulated by this code being performed
in a manner that is contrary to the provisions of this code, without a permit, beyond the scope of the issued
permit, in violation of the Petaluma Municipal Code or Zoning Ordinance, or that is dangerous or unsafe,
the building official is authorized to issue a stop work order.
R114.2 Issuance. The stop work order shall be in writing and shall be posted in a visible location near the
location where the work is being performed. If the owner or owner’s agent is not on site at the time of
posting, a notice advising the reasons for the stop work order issuance shall be hand delivered or mailed
first-class to the owner of the property involved, or to the owner’s agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall
state the reason for the order, the conditions under which the cited work will be permitted to resume, and
the name and contact information of the official or agency issuing the order.
R114.3 Unlawful Continuance. Any person who continues to perform any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be guilty of a misdemeanor.
R114.4 Removal of Posted Stop Work Order. Any person who removes a posted stop work order
without written consent of the Building Official shall be guilty of a misdemeanor.
R114.5 Response Required. Violators receiving a stop work order are required to respond to the Building
Division within two (2) business days of the issued notice to receive instructions on the conditions under
which the Building Official shall rescind the stop work order and the cited work will be permitted to
resume.
R114.6 Permit Application Required. Violators receiving a stop work order under R114.6 must submit
a building permit application with construction or demolition plans and supporting documents (including,
but not limited to, structural calculations, energy calculations, handicapped access, and/or other supporting
documents as required) for approval within fifteen (15) days of receiving the stop work order from the
Building Division. Plans will typically be reviewed, and correction letters issued or the permit application
approved within forty-five (45) working days of receipt by the Building Division. A response to any
correction letter must be submitted within fifteen (15) working days of the date of the correction letter.
Fifteen (15) working days will be required to review second and subsequent submissions. Permits will
typically be issued within fifteen (15) working days of receipt by the Building Division. All construction
must be inspected as work progresses and receive sign off by all City departments responsible for
approving the work within sixty (60) days of building permit issuance.
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R114.7—Fee. The Building Official may add an additional, one-time investigation fee of up to five times
the applicable permit fee to each permit subject to a stop work order.
The definitions of “Kitchen” and “Substantial Improvement” are hereby amended, and definitions of
“Accessory Dwelling Unit, Junior” and “Kitchen, Efficiency” are hereby added, in Section R202, General
Definitions, of Chapter 2 of the California Residential Code” in accordance with the following:
Accessory Dwelling Unit, Junior (JADU). A portion of an existing or proposed dwelling unit with a
separate entry and that is equipped with an efficiency kitchen. JADUs must be inter-connected and open
to the primary dwelling through an interior door, hall or stairway. JADUs do not contain complete
independent living facilities without the attached dwelling.
Kitchen. Kitchen shall mean an area used, or designated to be used, for the preparation of food. The area
shall include a sink, counter with storage space, and permanent or built-in provisions for food preparation
and cooking. Permanent cooking appliance(s) provisions shall be supplied with at least one electrical
circuit greater than 120-Volt, or fuel gas outlet. Kitchens shall be provided with exhaust per the California
Mechanical Code, plumbed per the California Plumbing Code, and wired per the California Electrical
Code.
Kitchen, Efficiency. An efficiency kitchen shall mean an area used or designed to be used for the
preparation of food. The area shall include a sink, counter with storage space, and provisions for food
preparation and cooking appliances with no electric outlet greater than 120-Volt and no fuel gas.
Efficiency kitchens shall be vented per the mechanical code. Efficiency kitchens shall not be sufficient to
constitute kitchen cooking facilities in a dwelling unit.
Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
improvement of a building or structure that is any of the following:
(1) An existing building or structure not classified as Group R-3 occupancy that undergoes any
addition of floor area that is equal to or exceeds 10 percent of the existing gross floor area of the
building or structure.
(2) An existing building or structure classified as a Group R-3 occupancy that undergoes any addition
of floor area that is equal to or exceeds 50 percent of the existing gross floor area of the building
or structure.
(3) An existing building or structure that undergoes any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement to of floor area of the building or structure
that is equal to or exceeds 50 percent of the existing gross floor area of the building or structure.
(4) If in the determination of the Building Official a building or structure has sustained substantial
damage, as defined by Section 202 of the California Building Code as amended hereby, any
combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement are
considered substantial improvement regardless of the actual work performed.
The Code Official shall aggregate any combination of repair, reconstruction, rehabilitation, alteration,
addition, or other improvements to a building or structure within a three (3) year period, and if the
combined affected gross floor area of the building or structure is equal to or exceeds 50% of gross floor
area of the building or structure, the aggregated work shall constitute substantial improvement.
Table R301.2(1) located in Chapter 3 (Building Planning) of the California Residential Code, is amended
to include local climatic design conditions of Table R301.2(1) as follows:
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TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUN D
SNOW
LOADo
WIND DESI GN SEISM IC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM WINTER
DESIGN
TEMPe
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZIN
G INDEXi
MEAN
ANNUAL
TEMPj
d
(mph) Topographic
K Special wind
l Windborne
m Weatheringa Frost line
depthb
Termitec
0 110 NO NO N/A D2 or F Negligible 12 inches Yes 32 degrees F NO Initial NFIP
Map Date:
March 8, 1974.
Initial
FIRM date:
February
15, 1980.
Current
Flood
Insurance
Study
dated:
February
19, 2014.
Panels 982,
1001,
1002,
1003, and
1004 are
dated
October 2,
2015.
Panels 891,
893, 894,
and 913 are
dated
February
19, 2014.
1 degree F 58 degrees F
MANUAL J DESIGN CRITERIAn
Elevation Latitude Winter
heating Summer
cooling Altitude
correction factor Indoor design
temperature Design
temperature cooling Heating temperature
difference
87 FT 38 degrees North. 29 degrees F. 90 degrees F. N/A 68 degrees F. 75 degrees F. 39 degrees F.
Cooling
temperature difference Wind
velocity heating Wind velocity
cooling Coincident
wet bulb Daily
range Winter
humidity Summer
humidity —
15 degrees F. N/A N/A 67 degrees F. High. 31 degrees F. N/A N/A —
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Ordinance No. 2774 N.C.S. Page 11
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.
The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(4). The grade of masonry units shall be determined
from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth
column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(5)A]. Wind exposure category shall be determined on a site-specific basis in accordance with
Section R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 97-1/2 -percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D
temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).]
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood
hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having
jurisdiction, as amended.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall
fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center
data table “Air Freezing Index-USA Method (Base 32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the
table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific
requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).
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Ordinance No. 2774 N.C.S. Page 12
The definition of “Wildland- Urban Interface” contained in Section 337.2A of the California Residential
Code is amended in accordance with the following:
Wildland-Urban Interface Fire Area. A geographical area identified by the City of Santa Rosa Petaluma
as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201 through
4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing
agency to be at a significant risk from wildfires, as designated on the map titled Wildland-Urban Interface
Fire Area, dated January 28, 2009.
C. Part 3 of the 2019 California Building Standards Code, California Electric Code, as adopted by section
17.04.010(D), is hereby amended in accordance with the following:
California Electrical Code
Paragraph (C) of Article 225.39 (Rating of Disconnect) of the California Electrical Code is amended to
read:
(C) One-Family Dwelling. For a new one-family dwelling, the feeder disconnecting means shall have a
rating of not less than 200 (100) amperes, 3-wire. All other dwelling types shall have a rating of not less
than 100 amperes, 3-wire.
Paragraph (C) of Article 230.79 (Rating of Service Disconnecting Means) of the California Electrical
Code is amended to read as follows:
(C) One-Family Dwelling. For a new one-family dwelling, the service disconnecting means shall have a
rating of not less than 200 amperes, 3-wire. All other dwelling types shall have a rating of not less than
100 amperes, 3-wire.
D. Part 4 of the 2019 California Building Standards Code, California Plumbing Code, as adopted by section
17.04.010(F), is hereby amended in accordance with the following:
California Plumbing Code
Exception 4 of Section 422.2 (Minimum Number of Required Fixtures) of the California Plumbing Code
is amended to read as follows:
(4) Separate facilities shall not be required in small restaurant eating and drinking establishments with a
total occupant load of less than 25 or less as determined by Table 4-1. One toilet facility designed for use
by no more than one person at a time, shall be permitted for use by both sexes.
Gray Water Diversion Valve as described in Section 1503.1.1 shall be installed in all new Residential
Construction at the clothes washer drain connection.
The first paragraph of Section 1503.1.1 is amended to read as follows:
Clothes Washer System. A clothes washer system diverter valve shall be installed in all new single-family
residential construction as practicable, at the clothes washer drain connection. A clothes washer system in
compliance with all the following is exempt from construction permit specified in Section 1.8.4.1 and may
be installed and altered without a permit:
E. The following is hereby repealed from section 17.04.020 of Part 6 of the 2019 California Building
Standards Code, California Energy Code:
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Ordinance No. 2774 N.C.S. Page 13
California Energy Code
Section 110.10(a)1 is amended in part to read ‘All new single -family residences shall comply with the
requirements of Sections 110.10(b) through 110.10(d).
F. Part 11 of the 2019 California Building Standards Code, California Green Building Standards Code, as
adopted by section 17.04.010(J), is hereby amended in accordance with the following:
California Green Building Standards Code
Appendix A4, Division A4.2, and Appendix A5, Division A5.2 Energy Efficiency, are not adopted.
Tier One provisions in Appendix A4 and Appendix A5 are adopted for all wholly new buildings with the
exception of Division A4.2 and Division A5.2 Energy Efficiency, which are not adopted. Mandatory
provisions are applicable for all other projects subject to this code.
SECTION 6: CURRENT FIRE CODES MODIFIED
17.20.050 Amendments to the California Fire Code.
The following specified provisions contained in Petaluma Municipal Code Section 17.020.050 are hereby
amended in accordance with the following:
Section 106.6 is amended to read as follows:
106.6 Cost recovery. Fire suppression, investigation or emergency medical costs are recoverable in
accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time.
Additionally, any person(s) who negligently, intentionally or in violation of law causes an emergency
response, including, but not limited to, a traffic accident, spill of toxic or flammable or combustible fluids or
chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government
Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Santa Rosa
Petaluma Fire Department for securing such emergency shall constitute a debt of such person(s) and shall be
collectable by the Santa Rosa Petaluma Fire Department in the same manner as in the case of an obligation
under contract, expressed or implied.
The definition of “Substantial Improvement” in Section 202, General Definitions is amended in accordance
with the following:
Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
improvement of a building or structure that is any of the following:
(1) An existing building or structure not classified as Group R-3 occupancy that undergoes any
addition of floor area that is equal to or exceeds 10 percent of the existing gross floor area of the
building or structure.
(2) An existing building or structure classified as a Group R-3 occupancy that undergoes any addition
of floor area that is equal to or exceeds 50 percent of the existing gross floor area of the building
or structure.
(3) An existing building or structure that undergoes any combination of repair, reconstruction,
rehabilitation, alteration, addition or other improvement to of floor area of the building or structure
that is equal to or exceeds 50 percent of the existing gross floor area of the building or structure.
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Ordinance No. 2774 N.C.S. Page 14
(4) If in the determination of the Building Official a building or structure has sustained substantial
damage, as defined by Section 202 of the California Building Code as amended hereby, any
combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement are
considered substantial improvement regardless of the actual work performed.
The Code Official shall aggregate any combination of repair, reconstruction, rehabilitation, alteration,
addition, or other improvements to a building or structure within a three (3) year period, and if the
combined affected gross floor area of the building or structure is equal to or exceeds 50% of gross floor
area of the building or structure, the aggregated work shall constitute substantial improvement and the
building shall be subject to the fire sprinkler requirement.
SECTION 7: REPEAL OF SECTION 17.24
Petaluma Municipal Code Section 17.24 (Swimming Pools) is hereby repealed in its entirety.
SECTION 8: SEVERABILITY
If any part of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision will not affect the validity of the remaining parts of this Ordinance. The
City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and
each of its provisions irrespective of any part being held invalid.
SECTION 9: EFFECTIVE DATE/REFERENDUM PERIOD
This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council.
SECTION 10: POSTING/PUBLISHING OF NOTICE
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the
manner required by the City Charter. The City Clerk is also hereby directed to file a Notice of Exemption
concerning this ordinance with the Office of the Sonoma County Clerk in accordance with Section 15062 of the
CEQA Guidelines.
INTRODUCED and ordered posted/published this 3rd day of May, 2021.
ADOPTED this 17th day of May, 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
Kendall Rose, CMC, City Clerk Eric Danly, City Attorney
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