2016-205 Building Code 2016 Editions ORDINANCE NO. 2016-205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADOPTING BY REFERENCE THE 2016 EDITIONS OF THE
CALIFORNIA BUILDING CODE AS CHAPTER 8.04, CALIFORNIA
RESIDENTIAL CODE AS CHAPTER 8.05, CALIFORNIA GREEN BUILDING
CODE AS CHAPTER 8.06, CALIFORNIA ELECTRICAL CODE AS CHAPTER
8.08, CALIFORNIA MECHANICAL CODE AS CHAPTER 8.12, CALIFORNIA
PLUMBING CODE AS 8.16, AND THE 1997 EDITIONS OF THE UNIFORM
HOUSING CODE AS CHAPTER 8.18, AND THE CALIFORNIA FIRE CODE AS
CHAPTER 8.20, AND UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS AS CHAPTER 8.22, AND RELATED MODEL
CODES WITH APPENDICES AND AMENDMENTS THERETO ALL OF WHICH
COMPRISE THE BUILDING AND CONSTRUCTION CODE OF THE CITY OF
MENIFEE.
WHEREAS, the California Building Standards Commission has adopted
and published the 2016 California Building Standards Code ("CBSC"), codified in
Title 24 of the California Code of Regulations; and
WHEREAS, the 2016 CBSC contains, amongst other parts, the California
Building Code (Title 24, Part 2), California Residential Code (Title 24, Part 2.5),
California Electrical Code (Title 24, Part 3), California Mechanical Code (Title 24,
Part 4), California Plumbing Code (Title 24, Part 5), California Fire Code (Title 24,
Part 9), and California Green Building Standards Code ["CALGreen Code"] (Title
24, Part 11); and
WHEREAS, the 2016 CBSC becomes effective January 1, 2017; and
WHEREAS, Sections 17922, 17958, 17958.5, 17958.7, and 18941.5 of
the California Health & Safety Code provide that the governing body of every city
or county shall adopt ordinances or regulations imposing the same requirements
as those contained in the most recently adopted version of the CBSC; and
WHEREAS, the City Council of the City of Menifee (the "City") wishes to
update the rules and regulations governing building and construction in the City
limits to reflect the 2016 CBSC, as well as to make modifications to certain
building standards and administrative provisions necessary to carryout the
application of the CBSC; and
WHEREAS, Sections 17958, 17958.5, 17958.7, and 18941.5 of the
California Health & Safety Code provide that a city or county may make such
changes or modifications to the building standards contained within the CBSC
which the governing body has expressly found are reasonably necessary
because of local climatic, geological, or topographical conditions; and
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WHEREAS, the City Council is not required to make any express findings
for administrative amendments necessary to carryout the application of the
CBSC and/or that do not otherwise modify a building standard; and
The City Council of the City of Menifee does hereby ordain as
follows:
SECTION 1. Findings. The City of Menifee hereby finds and determines it is
reasonably necessary to adopt local amendments to the 2016 CBSC due to local
climatic, geological or topographical conditions.
I. Climatic Conditions:
A. The City of Menifee located in Riverside County is located in Southern
California and covers a vast and varied geographic area. The base
climate in western Riverside County consists of semi- arid Mediterranean
weather patterns. Eastern Riverside County is a desert area with Mohave
Desert temperatures and weather patterns. Those two primary areas are
divided by the San Bernardino Mountain Range. Both areas outside of the
mountain terrain annually experience extended periods of high
temperatures with little or no precipitation. Hot, dry winds, which may
reach speeds of 70 M.P.H. or greater, are common to the area. Examples
are: Santa Ana/ Foehn winds, afternoon surface-heating generated
winds, and prevailing desert winds.
These climatic conditions cause extreme drying of vegetation and
common building materials. Frequent periods of drought and low
humidity add to the fire danger. This predisposes the area to large
destructive fires (conflagration) which necessitates rapid identification,
locating and extinguishment of all fires in the smallest stage possible. In
addition to directly damaging or destroying buildings, these fires are also
prone to disrupt utility services throughout Riverside County. Obstacles
generated by a strong wind, such as fallen trees, street lights and utility
poles, will greatly impact the response time to reach an incident scene.
During these winds, the inability to use aerial type firefighting apparatus
would further decrease our ability to stop fires in large buildings and place
rescue personnel at increased risk of injury.
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B. Although Riverside County and the City of Menifee occasionally
experiences periods of significant drought, the County can also
experience periods of substantial rainfall. Annual rainfall varying from
three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. f
When Riverside County does experience heavy rain, or rain over a period
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of days or weeks, many areas of the County are subject to flooding.
Runoff from rain drains either naturally into rivers, washes, and creeks or
into flood control facilities. Flash flooding is also a common problem,
especially in the Coachella Valley and the easterly portions of the county.
Flash flooding is typically associated with short duration, high intensity
precipitation events often associated with summer thunderstorms. Such
events can occur even during a drought.
C. Water demand in densely populated Southern California far exceeds the
quantity supplied by natural precipitation; and although the population
continues to grow, the already-taxed water supply does not. California is
projected to increase in population by nearly 10 million over the next
quarter of a century with 50 percent of that growth centered in Southern
California. Due to storage capacities and consumption, and a limited
amount of rainfall future water allocation is not fully dependable. This
necessitates the need for additional and on-site fire protection features. It
would also leave tall buildings vulnerable to uncontrolled fires due to a
lack of available water and an inability to pump sufficient quantities of
available water to floors in a fire.
D. These dry climatic conditions and winds contribute to the rapid spread of
even small fires originating in high-density housing or vegetation. These
fires spread very quickly and create a need for increased levels of fire
protection. The added protection of fire sprinkler systems and other fire
protection features such as identification and notification will supplement
normal fire department response by providing immediate protection for
the building occupants and by containing and controlling the fire spread to
the area of origin. Fire sprinkler systems will also reduce the use of water
for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural: The topographical conditions of Riverside County varies
from three hundred (300) feet below sea-level, flat desert communities, to
mountains over ten thousand (10,000) feet in Alpine-like areas of the San
Bernardino Mountain Range. In between these areas, developable slopes
of 25 percent and greater generally occur throughout the foothills.
Riverside County extends from Orange County to the State of Arizona
and is mixed with congested urban areas, rural lands and wild lands. A
large number of sensitive habitats for various animal species and
vegetation consist within large open space areas between major urban
centers that impact building and structure location, which impedes
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emergency access and response. This variety in regions contributes to an
increased emergency response time, which necessitates cooperation
between local agencies.
B. Traffic and circulation congestion is an artificially created, obstructive
topographical condition, which is common throughout Riverside
County.
C. These topographical conditions combine to create a situation, which
places fire department response time to fire occurrences at risk, and
makes it necessary to provide automatic on-site fire-extinguishing
systems and other protection measures to protect occupants and
property.
III. Geological Conditions
Located within Riverside County are several known active and
potentially active earthquake faults, including the San Andreas, San
Jacinto, and Elsinore Fault. In the event of an earthquake, the
location of the epicenter as well as the time of day and season of
the year would have a profound effect on the number of deaths and
casualties, as well as property damage.
The major form of direct damage from most earthquakes is damage
to construction. Bridges are particularly vulnerable to collapse, and
dam failure may generate major downstream flooding. Buildings
vary in susceptibility, dependent upon construction and the types of
soils on which they are built. Earthquakes destroy power and
telephone lines; gas, sewer, or water mains; which, in turn, may set
off fires and/or hinder firefighting or rescue efforts. The hazard of
earthquakes varies from place to place, dependent upon the
regional and local geology. Ground shaking may occur in areas 65
miles or more from the epicenter (the point on the ground surface
above the focus). Ground shaking can change the mechanical
properties of some fine grained, saturated soils, where upon they
liquefy and act as a fluid (liquefaction).
A. Previous earthquakes in southern California have been accompanied
by disruption of traffic flow and fires. A severe seismic event has the
potential to negatively impact any rescue or fire suppression activities
because it is likely to create obstacles similar to those indicated under
the high wind section above. With the probability of strong aftershocks
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there exists a need to provide increased protection for anyone on
upper floors of buildings.
B. Road circulation features located throughout Riverside County also
make amendments reasonably necessary. Located through Riverside
County are major roadways, highways and flood control channels that
create barriers and slow response times. Hills, slopes, street and
storm drain design accompanies with occasional heavy rainfall, causes
roadway flooding and landslides and at times may make an emergency
access route impassable. There are areas in Riverside County that
naturally have extended emergency response times that exceed the 5
minute goal.
California Health and Safety Code Section 17958.7 and 18941.5 requires
that the modification or change be expressly marked and identified as to
which each finding refers. Therefore the City Council finds that the
following table sets forth the 2016 CBSC codes and sections that have
been modified and the associated local climatic, geological and/or
topographical conditions described above supporting the modification.
2016 CODE SECTION TITLE/SUBJECT FINDINGS I, II, III
101.4 Severability Administrative
102.5 Application of the residential code I, II &III
103.4 and 103.4.1 Liability Administrative
104.1.1 Authority of the Fire Chief and Fire Department Administrative
104.12 Authority of the Fire Chief to close hazardous fire areas Administrative
108.1 Board of Appeals established Administrative
109.4 Violation and Penalties Administrative
113.2 Fees Administrative
113.6 Cost Recovery Administrative
202 Fire Chief Administrative
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative
507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II &III
508.1, 508.1.1, 508.1.3, Fire command center I, II &III
508.1.6, 508.1.8
509.2.1 Minimum clearances I &III
606.10.1.2 Manual operation If & III
903.2 Where required (automatic sprinkler systems) I, II &III
903.3.5.3 Hydraulically calculated systems I & II
3204.2.1 Minimum requirements for client leased or occupant Administrative
4904.3 High Fire Hazard Severity Zone Maps Administrative
App Ch B,Table B105.2 Buildings other than one-or two-family dwellings I, II & III o
App Ch C, C103.1 Fire hydrant location I, II &III
C. Repeal and Readoption. Chapters 8.04, 8.05, 8.06, 8.08, 8.12, 8.16,
8.18, and 8.20 of the Menifee Municipal Code ("MMC") are hereby
repealed in their entirety; however, such repeal shall not affect or
excuse any violation of said chapters that occurred prior to the
effective date of this ordinance, nor shall such repeal impede, impact,
or negate any administrative civil, or criminal enforcement of said
chapters that occurred prior to the effective date of this ordinance.
MMC Chapters 8.04, 8.05, 8.06, 8.08, 8.12, 8.16, 8.18, and 8.20 are
hereby readopted to read as follows:
CHAPTER 8.04: BUILDING CODE
8.04.010 Adoption by reference
8.04.020 Fees
8.04.030 Board of Appeals
8.04.040 Permits
8.04.050 Fences
8.04.060 Permit Expiration
8.04.070 Use and Occupancy
8.04.080 Definitions
8.04.090 Grading Standards
§ 8.04.010 ADOPTION BY REFERENCE
Except as hereinafter changed or modified, the 2016 California Building Code as
published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 35), tables, indices, addendas, footnotes,
and appendices (including appendices A through M), are hereby adopted by
reference as the Menifee Building Code and incorporated into this title. A copy of
the 2016 California Building Code, including the above-designated appendices,
shall be on file in the office of the City Clerk.
§ 8.04.020 FEES
Chapter 1, Division I, § 1.8.4.2.1, is hereby added to read as follows:
On buildings, structures, electrical, gas, mechanical and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid in
accordance with the schedule as established by resolution of the City Council
of the City of Menifee.
§ 8.04.030 BOARD OF APPEALS.
(A) Chapter 1, Division I, § 1.8.8, is hereby amended by adding the following
subsections:
1.8.8.1.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretation of this code, there shall be and is hereby created a Building
Board of Appeals. The Building Board of Appeals shall be appointed by the
City Council and shall hold office at its pleasure. The Board shall adopt rules
of procedure for conducting its business. In the event the City Council fails to
appoint such a Board, the Planning Commission shall function as such.
1.8.8.1.2 Limitations on Authority. An application for appeal shall be based
on a claim that the true intent of this code or the rules legally adopted
thereunder has been incorrectly interpreted, the provisions of this code do not
fully apply or an equally good or better form of construction is proposed. The
Board does not have the authority to interpret the administrative provisions of
the Building Code, nor shall the Board have any authority to waive
requirements of this code.
1.8.8.1.3 Qualifications. The Building Board of Appeals shall consist of
members who are qualified by experience and training to pass on matters
pertaining to building construction and who are not employees of the City.
The Building Official shall act as secretary to the Board.
1.8.8.1.4 Accessibility Appeals Board. In order to conduct the hearings on
written appeals regarding action taken by the building official and to ratify
certain exempting actions of the building official in enforcing the accessibility
requirements of Title 24 of the California Code of Regulations for privately-
funded construction, to serve as an advisor to the building official on disabled
access matters, and to make recommendations to the City Council on
appeals of decisions made by the building official on city-funded buildings,
there shall be an Accessibility Appeals Board. The Accessibility Appeals
Board shall consist of five members. Two members of the Appeals Board
shall be physically disabled persons, two members shall be persons
experienced in construction, and one member shall be a public member. The
Building Official shall act as Secretary to the Board. The members of the
Accessibility Appeals Board shall be appointed by the City Council and shall
hold office at its pleasure.
The Accessibility Appeals Board may approve or disapprove interpretations
and enforcement actions taken by the Building Official. All such approvals or
disapprovals for privately funded construction shall be final and conclusive as
to the Building Official in the absence of fraud or prejudicial abuse of
discretion. The Board shall adopt regulations establishing procedural rules
and criteria for the carrying out of its duties.
§8.04.040 PERMITS.
Chapter 1, Division II, §105.1, is hereby amended to read as follows:
105.1 Permits Required. No person shall construct, erect, enlarge, alter,
repair, move, improve, demolish, or change the occupancy of a building or
structure, or erect, install, connect, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause, permit, or suffer any such work to
be done, without having first obtained a separate and valid permit for each
such building, structure, or system from the building official.
§ 8.04.050 FENCES.
Chapter 1, Division II, § 105.2, subsection 2 under "Building" is hereby amended
to read as follows:
2. Chain link, wood, or other similar fences not over seven (7) feet high, and
masonry block walls less than three (3) feet high.
§8.04.060 PERMIT EXPIRATION
(A) Chapter 1, Division II, §105.5 is hereby amended to read as follows:
105.5 Permit Expiration. Except as set forth in Section 105.5.1, every
permit issued by the building official shall expire by limitation and become
null and void unless the work on the site authorized by such permit is
commenced within 180 calendar days from its issuance. If the work
authorized on the site by such permit is commenced within 180 days from its
issuance date, such permit shall expire by limitation and become null and
void 180 calendar days after the last successful inspection. The building
official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in
writing and good cause demonstrated. In no event shall any permit be
extended, nor shall any permit otherwise be valid, for any period exceeding
three (3) years from the original date of issuance.
(B) Chapter 1, Division II, §105.5.1 is hereby added to read as follows:
105.5.1 Expiration of Permit for Unpermitted Structure. Notwithstanding
Section 105.5, any permit issued in order to bring an unpermitted structure
(as that term is defined in Section 202 of this Code) or other unlawful,
substandard, or hazardous condition into compliance with any applicable
law, ordinance, rule, or regulation shall expire by limitation and become null
and void 90 calendar days from the date of its issuance. The building official
may extend the validity of the permit for a period not exceeding 90 calendar
days beyond the initial 90-day limit upon the written request by the applicant
and good cause demonstrated filed with the building official prior to the
expiration date of the original permit.
§8.04.070 USE AND OCCUPANCY
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Chapter 1, Division II, §111.1 is hereby amended to read as follows:
111.1 Use and occupancy. No person shall use, occupy, or maintain, or
allow the use or occupancy of, any unpermitted structure. No building or
structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be
made, until the building official has issued a certificate of occupancy therefor
as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of
other ordinances of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid.
§8.04.080 DEFINITIONS
Chapter 2, §202 is hereby amended to include the following:
SUCCESSFUL INSPECTION shall mean a required inspection (as set
forth in Section 110.3 of this Code) in which work inspected was
determined by the Building Official or designee thereof to meet all
applicable minimum Code requirements and the inspection was
approved and documented as successful.
UNPERMITTED STRUCTURE shall be defined as any structure, or
portion thereof, that was erected, constructed, enlarged, altered,
repaired, moved, improved, removed, connected, converted,
demolished or equipped, at any point in time, without the required
approval(s) and permit(s) having first been obtained from the Building
Official, or pursuant to a permit which subsequently expired and
became null and void before receiving final approval from the Building
Official.
§ 8.04.090 GRADING STANDARDS.
Section J102.1 ("Definitions") of Appendix J ("Grading") of the 2016 California
Building Code is hereby amended to include the following:
Building official. For purposes of Appendix J, building official shall mean
the Director of Public Works for the City of Menifee (or designee thereof).
Section J104.5 Environmental Review is hereby added.
Section J104.5 Environmental Review. For sites where grading is estimated to
exceed 1000 cubic yards, or in close proximity to an environmentally sensitive
water body or a federally recognized blue line as defined in applicable federal or
state regulations, no application for a permit for grading shall be accepted unless
accompanied by a completed Environmental Assessment Form, and no grading
permit shall be issued thereon until all procedures under the California
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Environmental Quality Act, including the preparation of a final Environmental
Impact Report, if required, have been completed. Such permits shall be
discretionary and the Building Official shall have the authority to add conditions of
approval to mitigate environmental and public safety effects of the proposed
grading.
CHAPTER 8.05: RESIDENTIAL CODE
8.05.010 Adoption of the California Residential Code
8.05.020 Fees
8.05.030 Board of Appeals
8.05.040 Permits
8.05.050 Fences
8.05.060 Permit Expiration
8.05.070 Use and Occupancy
8.05.080 Definitions
§ 8.05.010 ADOPTION OF THE CALIFORNIA RESIDENTIAL CODE.
(A) Except as hereinafter modified or changed, the 2016 California Residential
Code published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 44), tables, indices, addendas, footnotes
and appendices (including appendices A through U), is hereby adopted by
reference as the Menifee Residential Code and incorporated into this title.
(B) A copy of the 2016 California Residential Code shall be on file in the office
of the City Clerk.
§ 8.05.020 FEES
Chapter 1, Division I, § 1.8.4.2.1, is hereby added and read as follows:
On buildings, structures, electrical, gas, mechanical and plumbing systems
or alterations requiring a permit, a fee for each permit shall be paid in
accordance with the schedule as established by resolution of the City
Council of the City of Menifee.
§ 8.05.030 BOARD OF APPEALS.
(A) Chapter 1, Division I, § 1.8.8, is hereby amended by adding the following
subsections:
1.8.8.1.1 General. In order to hear and decide appeals of orders, decisions
or determinations made by the building official relative to the application and
interpretation of this code, there shall be and is hereby created a Building
Board of Appeals. The Building Board of Appeals shall be appointed by the
City Council and shall hold office at its pleasure. The Board shall adopt rules
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of procedure for conducting its business. In the event the City Council fails to
appoint such a Board, the Planning Commission shall function as such.
1.8.8.1.2 Limitations on Authority. An application for appeal shall be
based on a claim that the true intent of this code or the rules legally adopted
thereunder has been incorrectly interpreted, the provisions of this code do
not fully apply or an equally good or better form of construction is proposed.
The Board does not have the authority to interpret the administrative
provisions of the Building Code, nor shall the Board have any authority to
waive requirements of this code.
1.8.8.1.3 Qualifications. The Building Board of Appeals shall consist of
members who are qualified by experience and training to pass on matters
pertaining to building construction and who are not employees of the City.
The Building Official shall act as secretary to the Board.
1.8.8.1.4 Accessibility Appeals Board. In order to conduct the hearings on
written appeals regarding action taken by the building official and to ratify
certain exempting actions of the building official in enforcing the accessibility
requirements of Title 24 of the California Code of Regulations for privately-
funded construction, to serve as an advisor to the building official on disabled
access matters, and to make recommendations to the City Council on
appeals of decisions made by the building official on city-funded buildings,
there shall be an Accessibility Appeals Board. The Accessibility Appeals
Board shall consist of five members. Two members of the Appeals Board
shall be physically disabled persons, two members shall be persons
experienced in construction, and one member shall be a public member. The
Building Official shall act as Secretary to the Board. The members of the
Accessibility Appeals Board shall be appointed by the City Council and shall
hold office at its pleasure.
The Accessibility Appeals Board may approve or disapprove interpretations
and enforcement actions taken by the Building Official. All such approvals or
disapprovals for privately funded construction shall be final and conclusive
as to the Building Official in the absence of fraud or prejudicial abuse of
discretion. The Board shall adopt regulations establishing procedural rules
and criteria for the carrying out of its duties.
§8.05.040 PERMITS
Chapter 1, Division II, §R105.1, is hereby amended to read as follows:
R105.1 Permits Required. No person shall construct, erect, enlarge, alter,
repair, move, improve, demolish, or change the occupancy of a building or
structure; or erect, install, connect, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of 4
which is regulated by this code; or to cause, permit, or suffer any such work to
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be done, without having first obtained a separate and valid permit for each
such building, structure, or system from the building official.
§ 8.05.050 FENCES.
Chapter 1, Division II, § R105.2, subsection 2 under "Building" is hereby
amended to read as follows:
2. Chain link, wood, or other similar fences not over seven (7) feet high, and
masonry block walls less than three (3) feet high.
§8.05.060 PERMIT EXPIRATION.
(C) Chapter 1, Division II, §R105.5 is hereby amended to read as follows:
R105.5 Permit Expiration. Except as set forth in Section 105.5.1, every
permit issued by the building official shall expire by limitation and become
null and void unless the work on the site authorized by such permit is
commenced within 180 calendar days from its issuance. If the work
authorized on the site by such permit is commenced within180 days from its
issuance date, such permit shall expire by limitation and become null and
void 180 calendar days after the last successful inspection. The building
official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in
writing and good cause demonstrated. In no even shall any permit be
extended, nor shall any permit be valid, for any period exceeding three (3)
years from the original date of issuance.
(D) Chapter 1, Division II, §105.5.1 is hereby added to read as follows:
R105.5.1 Expiration of Permit for Unpermitted Structure.
Notwithstanding Section 105.5, any permit issued in order to bring an
unpermitted structure (as that term is defined in Section R202 of this Code)
or other unlawful, substandard, or hazardous condition into compliance with
any applicable law, ordinance, rule, or regulation shall expire by limitation
and become null and void 90 calendar days from the date of its issuance.
The building official may extend the validity of the permit for a period not
exceeding 90 calendar days beyond the initial 90-day limit upon the written
request by the applicant and good cause demonstrated filed with the building
official prior to the expiration date of the original permit.
§8.05.070 USE AND OCCUPANCY.
Chapter 1, Division II, §R110.1 is hereby amended to read as follows:
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R110.1 Use and occupancy. No person shall use, occupy, or maintain, or
allow the use or occupancy of, any unpermitted structure. No building or
structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be
made, until the building official has issued a certificate of occupancy therefor
as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of
other ordinances of the jurisdiction. Certificates presuming to give authority
to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid.
§8.05.080 DEFINITIONS.
Chapter 2, §R202 is hereby amended to include the following:
SUCCESSFUL INSPECTION shall mean a required inspection (as set
forth in Section R109 of this Code) in which work inspected was
determined by the Building Official or designee thereof to meet all
applicable minimum Code requirements and the inspection was
approved and documented as successful.
UNPERMITTED STRUCTURE shall be defined as any structure, or
portion thereof, that was erected, constructed, enlarged, altered,
repaired, moved, improved, removed, connected, converted,
demolished or equipped, at any point in time, without the required
approval(s) and permit(s) having first been obtained from the Building
Official, or pursuant to a permit which subsequently expired and
became null and void before receiving final approval from the Building
Official.
CHAPTER 8.06: GREEN BUILDING CODE
8.06.010 Adoption of the Green Building Standards Code
§ 8.06.010 ADOPTION OF THE GREEN BUILDING CODE.
(A) Except as hereinafter modified or changed, the 2016 California Green
Building Standards Code published by the State Building Standards Commission,
including all of its chapters (including Chapters 1 through 8), tables, indices,
addendas, footnotes and appendices (including appendices A4 through A6.1), is
hereby adopted by reference as the Menifee Green Building Code and
incorporated into this title.
(B) A copy of the 2016 California Green Building Standards Code shall be on
file in the office of the City Clerk.
CHAPTER 8.08: ELECTRICAL CODE
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8.08.010 Adoption of Electrical Code
8.08.020 Commercial projects
§ 8.08.010 ADOPTION OF ELECTRICAL CODE.
Except as hereinafter changed or modified, the 2016 California Electrical Code
as published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 9), tables, indices, appendices (including
appendices A through 1), addendas, annexes, and footnotes is hereby adopted
by reference as the Menifee Electrical Code and incorporated into this title.
§ 8.08.020 COMMERCIAL PROJECTS.
(A) Annex H, § 80.19 (A) is hereby amended by adding subsection (3) which
reads as follows:
(3) For all commercial projects, a California Licensed Electrical Contractor
shall be responsible for obtaining permits for electrical work performed.
(B) A copy of the California Electrical Code, including the above-designated
appendix, shall be on file in the office of the City Clerk.
CHAPTER 8.12: MECHNICAL CODE
8.12.010 Adoption of Mechanical Code
§ 8.12.010 ADOPTION OF MECHANICAL CODE.
(A) Except as hereinafter changed or modified, the 2016 California Mechanical
Code as published by the State Building Standards Commission, including all of
its chapters (including Chapters 1 through 17), tables, indices, addendas,
footnotes and appendices (including appendices A through G), are hereby
adopted by reference as the Menifee Mechanical Code and incorporated into
this title.
(B) A copy of the California Mechanical Code, including the above-designated
appendix, shall be on file in the office of the City Clerk.
CHAPTER 8.16: PLUMBING CODE
8.16.010 Adoption of Plumbing Code
§ 8.16.010 ADOPTION OF PLUMBING CODE.
(A) Except as hereinafter changed or modified, the 2016 California Plumbing
Code as published by the State Building Standards Commission, including all of
its chapters (including Chapters 1 through 17), tables, indices, addendas,
footnotes and appendices (including appendices A through L), are hereby I
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adopted by reference as the Menifee Plumbing Code and incorporated into this
title.
(B) A copy of the California Plumbing Code, including the above-designated
appendices, shall be on file in the office of the City Clerk.
CHAPTER 8.18: HOUSING CODE
8.18.010 Adoption of Housing Code
8.18.020 Substandard Buildings
§ 8.18.010 ADOPTION OF HOUSING CODE.
(A) Except as hereinafter modified or changed, the 1997 Uniform Housing
Code, published by the International Conference of Building Officials and
adopted as referenced in the State Housing Law, Cal. Code of Regulations Title
25, Division 1, is hereby adopted by reference as the Menifee Housing Code and
incorporated into this title.
(B) A copy of the Uniform Housing Code shall be on file in the office of the City
Clerk.
§8.18.020 SUBSTANDARD BUILDINGS
Chapter 10, Section 1001.1 is hereby amended by adding a new paragraph to
the end of the section to read as follows:
With respect to residential structures, California Health & Safety Code
Division 13, Part 1.5, Section 17920.3, et seq. (known as the "State Housing
Law") supersedes the applicability of the Uniform Housing Code to the
degree that any conflict between the State Housing Law and the Menifee
Housing Code exists.
CHAPTER 8.20: FIRE CODE
8.20.010 Adoption of Fire Code
8.20.020 Penalties
8.20.030 Liability for fires
CHAPTER 8.20 FIRE CODE
8.20.010 Application and adoption of the California Fire Code
8.20.010 APPLICATION AND ADOPTION OF THE CALIFORNIA FIRE CODE.
(A) Except as stated in this Section or as amended below in this Ordinance, all of
the provisions and appendices of the 2016 California Fire Code, inclusive of all of
the inclusions and exclusions set for in each chapter's matrix, are hereby
adopted and shall apply to the City of Menifee. In addition, the following
provisions that are excluded in the 2016 California Fire Code are hereby adopted
- Chapter 1, Division II of the California Fire Code is hereby adopted, except that
Section 103.2 and 108.3 are not adopted, and Chapters 3, 25, and Sections
403.12, 503, 510.2, and 1103.2 are adopted.
(B) Section 101.4 of the California Fire Code is deleted in its entirety and
replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions of this
ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are hereby
declared to be severable.
(C) Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and
constructed in accordance with the California Residential Code, the
provisions of this code shall apply as follows:
1. Construction and design provisions of this code pertaining to the
exterior of the structure shall apply including, but not limited to, premises
identification, fire apparatus access and water supplies. Where interior or
exterior systems or devices are installed, construction permits required by
Section 105.7 of this code shall apply.
2. Administrative, operational and maintenance provisions of this code
shall apply.
3. Automatic fire sprinkler system requirements of this code shall apply to
detached accessory buildings 3,600 square feet or greater in accordance
with Section 903.2. The provisions contained in Section 903.2.18 of the
California Fire Code or Section R309.6 of the California Residential Code
may be used for the design of the automatic fire sprinkler system for
detached private garages.
(D) Sections 103.4 and 103.4.1 of the California Fire Code are deleted in their
entirety and replaced with the following:
103.4 Liability. Any liability against Riverside County or the City of Menifee or
any officer or employee for damages resulting from the discharge of their
duties shall be as provided by law.
(E) A new Section 104.1.1 is added to Section 104.1 of the California Fire Code
to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.
1. The Fire Chief is authorized and directed to enforce all applicable State fire
laws and provisions of this ordinance and to perform such duties as directed
by the City Council.
2. The Fire Chief is authorized to administer, interpret and enforce this
ordinance. Under the Fire Chief's direction, the Riverside County Fire
Department is authorized to enforce ordinances of the City of Menifee
pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and other
private fire alarm systems and fire extinguishing equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire hazards
on land, in buildings, structures and other property, including those under
construction.
2.7. The maintenance of means of egress.
2.8. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the
provisions of this ordinance and to make arrests and issue citations as
authorized by law:
3.1. The Unit Chief, Peace Officers and Public Officers of the California
Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside
County Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
3.4. The Police Chief and any police officer of any city served by the
Riverside County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Menifee Code Enforcement Department.
3.7. Peace Officers of the California Department of Parks and Recreation.
3.8. The law enforcement officer of the Federal Bureau of Land
Management.
(F) A new Section 104.12 is added to Section 104 of the California Fire Code to
read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except
upon National Forest Land, the Fire Chief is authorized to determine and
announce the closure of any hazardous fire area or portion thereof. Any
closure by the Fire Chief for a period of more than fifteen (15) calendar days
must be approved by the Riverside County Board of Supervisors and/or the
City Council within fifteen (15) calendar days of the Fire Chief's original order
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of closure. Upon such closure, no person shall go in or be upon any
hazardous fire area, except upon the public roadways and inhabited areas.
During such closure, the Fire Chief shall erect and maintain at all entrances to
the closed area sufficient signs giving notice of closure. This section shall not
prohibit residents or owners of private property within any closed area, or their
invitees, from going in or being upon their lands. This section shall not apply
to any entry, in the course of duty, by a peace officer, duly authorized public
officer or fire department personnel. For the purpose of this section,
"hazardous fire area" shall mean public or private land that is covered with
grass, grain, brush or forest and situated in a location that makes suppression
difficult resulting in great damage. Such areas are designated on Hazardous
Fire Area maps filed with the office of the Fire Chief.
(G) Section 108.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
108.1 Board of appeals established. The Board of Appeals shall be the City
Manager. If he or she determines an outside board is needed, he or she shall
designate an outside- hearing officer to hear the appeal. The Fire Chief shall
be notified of any appeal and the Fire Chief or designee shall be in
attendance at the appeal hearing. Depending on the subject of the appeal,
specialized expertise may be solicited, at the expense of the applicant, for the
purpose of providing input to the Appeals Board.
(H) Section 109.4 of the California Fire Code is deleted in its entirety and
replaced with the following:
109.4 Violation and penalties. It shall be unlawful for any person, firm,
corporation or association of persons to violate any provision of this
ordinance, or to violate the provisions of any permit granted pursuant to this
code or ordinance. Punishments and penalties for violations shall be in
accordance with the City of Menifee ordinances,;;fee schedule,and Health and
Safety Code Sections 17995 through 17995.5.
(1) Section 113.2 of the California Fire Code is deleted in its entirety and replaced
with the following:
113.2 Schedule of permit fees. Fees for services and permits shall be as set
forth in the City of Menifee fee`schedule.
(J) A new Section 113.6 is added to Section 113 of the California Fire Code to
read as follows: j
113.6 Cost recovery. Fire suppression, investigation, rescue 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 who negligently, intentionally or in violation of law j
causes an emergency response, including, but not limited to, a traffic
accident, spill of toxic or flammable 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 Riverside County Fire Department for securing such
emergency shall constitute a debt of such person and shall be collectable by
Riverside County in the same manner as in the case of an obligation under
contract, express or implied.
(K) Section 202, definition of "Fire Chief' in the California Fire Code is deleted in
its entirety and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee.
(L) Section 503.2.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet (7315 mm), exclusive of
shoulders, except for approved security gates in accordance with Section
503.6, and an unobstructed vertical clearance of not less than 13 feet 6
inches (4115 mm). For additional requirements or alternatives see Riverside
County Fire Department Standards and Policies, as may be amended from
time to time.
(M) Section 503.2.2 of the California Fire Code is deleted in its entirety and
replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized
to designate fire apparatus access roads and fire lanes and to modify the
minimum fire lane access widths for fire or rescue operations
(N) A new Section 503.6.1 is added to Section 503.6 of the California Fire Code
to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with
means to be automatically opened remotely by emergency vehicle in
accordance with Riverside County Fire Department standards and Policies,
as may be amended from time to time.
Exception: Gates serving individual one- and two-family dwelling parcels.
(0) A new Section 503.7 is added to Section 503 of the California Fire Code to
read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties,
where fire apparatus access roads are utilized for loading or unloading or
utilized for passenger drop-off or pick-up, an additional eight (8) feet of width
shall be added to the minimum required width for the fire apparatus access
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road.
(P) A new Section 507.5.7 is added to Section 507 of the California Fire Code to
read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code
official, fire hydrant sizes and outlets shall be based on the following:
1. Residential Standard — one (1) four (4) inch outlet and one (1) two and
half (2 Y2) inch outlet.
2. Super Hydrant Standard — one (1) four (4) inch outlet and two (2) two
and one half (2 Y2) inch outlet.
3. Super Hydrant Enhanced — two (2) four (4) inch outlet and one (1) two
and one half (2 Y2) inch outlet.
(Q) A new Section 507.5.8 is added to Section 507 of the California Fire Code to
read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually
indicated in accordance with Riverside County Fire Department Technical
Policy 06-11, as may be amended from time to time. Any hydrant marker
damaged or removed during the course of street construction or repair shall
be immediately replaced by the contractor, developer or person responsible
for removal or damage.
(R) Section 508.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
508.1 General. Where required by other sections of this code and in all
buildings classified as high-rise buildings by the California Building Code, in
buildings greater than 300,000 square feet in area and in Group 1-2
occupancies having occupied floors located more than 75 feet above the
lowest level of fire department vehicle access, a fire command center for fire
department operations shall be provided and comply with Sections 508.1.1
through 508.1.8.
(S) Section 508.1.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
508.1.1 Location and access. The fire command center shall be located
adjacent to the main lobby and shall be accessible from fire department
vehicular access or as approved by the fire code official. The room shall have
direct access from the building exterior at the lowest level of fire department
access.
(T) Section 508.1.3 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is
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greater than 300,000 square feet in area shall be a minimum of 96 square
feet (9 m2) with a minimum dimension of 8 feet (2438mm).
(U) Section 508.1.6 of the California Fire Code is amended to add the following:
Exception: A fire command center solely required because a building is
greater than 300,000 square feet in area shall comply with NFPA 72 and
contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13
and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7,
9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains
systems or functions related to these features.
(V) A new Section 508.1.8 is added to Section 508 of the California Fire Code to
read as follows:
508.1.8 Fire command center identification. The fire command center shall
be identified by a permanent easily visible sign stating "Fire Dept. Command
Center," located on the door to the fire command center.
(W) Section 509.2.1 of the California Fire Code is amended to add the following:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be
maintained around the circumference of exterior fire protection system control
valves, or any other exterior fire protection system component that may
require immediate access, except as otherwise required or approved.
(X) Section 606.10.1.2 of the California Fire Code is deleted in its entirety and
replaced with the following:
606.10.1.2 Manual operation. When required by the fire code official,
automatic crossover valves shall be capable of manual operation. The
manual valves shall be located in an approved location immediately outside of
the machinery room in a secure metal box or equivalent and marked as
Emergency Controls.
(Y) Section 903.2 of the California Fire Code is deleted in its entirety and
replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600
square feet or greater, an approved automatic sprinkler system shall be
provided regardless of occupancy classification. Where the Sections 903.2.1
— 903.2.19 of the California Fire Code require more restrictive requirements
than those listed below, the more restrictive requirement shall take
precedence.
Exception: Unless required elsewhere in this code or the California
Building Code, automatic fire sprinkler systems shall not be required for
the following:
i
1. Detached Group U occupancies used for agricultural or livestock
purposes, less than 5,500 square feet, and having setback distances
of 50 feet or more from the property line and other buildings.
2. Detached non-combustible equestrian arena shade canopies that
are open on all sides and used for riding only - no commercial,
assembly or storage uses.
3. Detached fabric or non-combustible shade structures that are open
on all sides and used to shade playground equipment, temporary
storage of vehicles and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500 square
feet.
5. Where determined by the Fire Chief that no major life safety hazard
exists, and the fuel load does not pose a significant threat to firefighter
safety or to other structures or property, automatic fire sprinklers may
be exempted.
One- and two-family dwellings shall have an automatic fire sprinkler system
regardless of square footage in accordance with the California Residential
Code. Fire sprinkler systems shall be installed in mobilehomes,
manufactured homes and multifamily manufactured homes with two dwelling
units in accordance with Title 25 of the California Code of Regulations.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
(Z) A new Section 903.3.5.3 is added to Section 903 of the California Fire Code
to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed 90% of the water supply
capacity.
(AA) A new Section is added to Section 3204.2 of the California Fire Code to
read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned
warehouses. Designs of an automatic sprinkler system for client leased or
occupant owned buildings containing high pile storage shall be based on the
requirements of NFPA 13. The responsible fire protection engineer shall
perform a survey of the building to determine commodity classification,
storage configuration, building height and other information related to the
development of an appropriate sprinkler system design. The fire protection
engineer shall also make reasonable efforts to meet with the building owner
or operator to understand seasonal or customer related fluctuations to the
stored commodities, storage height, and configuration. The sprinkler design
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shall be based on the most demanding requirements determined through the
onsite survey and discussions with the building owner or operator. The
technical report shall describe the basis for determining the commodity and
sprinkler design selection, how the commodities will be isolated or separated,
and include referenced design document(s), including NFPA 13 or the current
applicable factory mutual data sheets. If a specific fire test is used as the
basis of design, a copy of the fire test report shall be provided at the time of
plan review.
(1313) A new Section 4904.3 is added to Section 4904 of the California Fire Code
to read as follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with
Government Code Sections 51175 through 51189, Very High Fire Hazard
Severity Zones are designated as shown on a map titled Very High Fire
Hazard Severity Zones, dated December 24, 2009 and retained on file at the
office of the Fire Chief, which supersedes other maps previously adopted
designating high fire hazard areas.
(CC) Appendix B, Table 13105.2 of the California Fire Code is amended as
follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC MINIMUM FIRE-FLOW FLOW DURATION
SPRINKLER (gallons per minute) (hours)
SYSTEM
(Design Standard
No automatic Value in Table 8105.1(2) Duration in Table
sprinkler system - B105.1(2)
Section 903.3.1.1 of 50% of the value in Table Duration in Table
the California Fire B105.1(2)a B105.1(2) at the
Code reduced flow rate
Section 903.3.1.2 of 50% of the value in Table Duration in Table
the California Fire 13105.1(2)b B 105.1(2) at the
Code I reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute.
b. The reduced fire-flow shall be not less than 1,500 gallons per minute.
(DD) Appendix C, Section C103.1 of the California Fire Code is deleted in its
entirety and replaced with the following:
C103.1 Hydrant spacing. Fire apparatus access roads and public
streets providing required access to buildings in accordance with Section
503 of the California Fire Code shall be provided with one or more fire
hydrants, as determined by Section C102.1. Where more than one fire
hydrant is required, the distance between required fire hydrants shall be in
accordance with Sections C103.2 and C103.3. Fire hydrants shall be
provided at street intersections.
D. Dangerous Building Code. A new Chapter 8.22 ("Dangerous
Building Code") is hereby adopted to read as follows:
CHAPTER 8.22: DANGEROUS BUILDING CODE
8.22.010 Adoption of Dangerous Building Code
§ 8.22.010 ADOPTION OF DANGEROUS BUIDING CODE.
(A) Except as hereinafter modified or changed, the 1997 Uniform Code for the
Abatement of Dangerous Buildings, published by the International Conference of
Building Officials is hereby adopted by reference as the Menifee Dangerous
Building Code and incorporated into this title.
(B) A copy of the Uniform Code for the Abatement of Dangerous Buildings
shall be on file in the office of the City Clerk.
E. References to Prior Code. Unless superseded and expressly
repealed, references in the City forms, documents and regulations to
the chapters and sections of the former City's Building and
Construction Code, Title 8 of the Menifee Municipal Code, shall be
construed to apply to the corresponding provisions contained in this
Ordinance of the City of Menifee and all other ordinances or parts or
ordinances in conflict herewith are hereby superseded and expressly
repealed.
F. Severability and Validity. If any section, subsection, paragraph or
sentence of this Ordinance, or any part thereof, is for any reason found
to be unconstitutional, invalid or beyond the authority of the City of
Menifee by a court of competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remaining portions of this
Ordinance.
G. Effective Date. In accordance with California Government Code
Section 36937, this Ordinance shall take effect and be in force on the
thirty-first (31St) day after adoption.
APPROVED AND ADOPTED ON THIS 16th DAY O a/vember, 2016.
V
Scott A. Mann, Mayor
i
APPROVED AS TO FORM:
Je ey . Melching, Cit orney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby attest to and
certify the attached Ordinance No. 16-205 to be the original ordinance adopted
by the City Council of the City of Menifee on and that said ordinance was
published in accordance with the law.
Date:
&
Sarah A. anwaring, Cit�
ENIFEE' ;
l
Scott A. Mann STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Greg August
Mayor Pro Tem I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
District 1 foregoing Ordinance No. 2016-205 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 16th day of November, 2016 by
Matthew Liesemeyer the following vote:
Councilmember
District 2 Ayes: August, Denver, Liesemeyer, Mann, Sobek
Noes: None
Lesa Sobek Absent: None
Councilmember Abstain: None
District 3
/J n
John V. Denver
Councilmember Sarah A. Manwaring, City Clerk'
District 4
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.69.3843
tvw.cityofinenifee.us