Dear Supervisors,

I want to state that I do not support the proposed amendment to our Class K ordinance. As a Class K applicant myself that lives in a place that was only 4 miles from the August Complex Fire years ago, no sprinkler system set up in my home would have saved us if the fire had reached our place. Once a wildfire rushes through land, it destroys everything in sight, including pumps that are needed for water to run (especially for those off grid). It sounds nice to have a sprinkler system in place but it won't do any good when the fire is coming from the outside of the home. Most homes are in rural parts of our community anyways with off grid or limited water supply as it is. We don't fit regulations that work for more urban settings. Please vote no on this amendment. I also support the comments submitted by Scott Ward.

Thank you!
Monique Ramirez

July 7, 2023

Glenn McGourty, Chair
Honorable Board of Supervisors
Mendocino County
501 Low Gap Road Room 1010
Ukiah, CA 95482

RE: July 11, 2023 Board Agenda Item No. 4a amending the Class K Ordinance

Dear Chair McGourty:
I am writing to oppose this agenda item.
As you may know, in 2018 the Planning and Building Department brought forth and the Board approved revisions to Mendocino County Code §18.23 (Class K ordinance). These revisions included adding a requirement for three inspections (foundation, close-in and final) and to limit the size of Class K dwellings to 2000 sq. ft. Building Official Mike Oliphant has brought this agenda item to you to increase the allowable area of a Class K dwelling to be over 2000 sq. ft. as long as there are fire sprinklers installed. The original intent of the Class K Ordinance was to provide a reasonable alternative to the onerous and expensive requirements of the California Building Code which would provide affordable housing for Mendocino County citizens and allow for alternate methods of owner built construction. Stone foundations, wood pier foundations, detached sanitary facilities are just some of the items in the Class K Ordinance that allow for alternate material and methods of construction. In fact, the Class K Ordinance requires that the county record a notice on the property deed that states that this the Class K structure was not plan reviewed or inspected for resistance to the lateral forces produced by wind or earthquakes.
Mr. Oliphant’s current proposal to require fire sprinklers for dwellings over 2000 sq. ft. in area and the 2018 Class K ordinance amendment that limited the size of Class K dwellings to 2000 sq. ft. are in direct contravention to the spirit and the intent of the Class K Ordinance. Adding additional cost and barriers to housing construction at this time, is not reasonable. Last month the Board expressed a desire to provide more affordable housing for the citizens of Mendocino County. Adding additional expense and complexity to the construction of a Class K dwelling does not fulfill the Board’s expressed desire for more affordable housing.
Why has this proposal come before you? If the Building Official wants to rescind the 2018 Class K Ordinance amendment that limited the size of a Class K dwelling, then do just that. Why add an additional layer of expense and complexity? Has there been an independent study of previously approved Class K dwellings that are over 2000 sq. ft. that shows that these dwellings are more susceptible to fire than Class K dwellings of 2000 sq. ft. or less? If so, where is it? Is a 2000 sq. ft. Class K dwelling less susceptible to fire than a 2500 sq. Class K dwelling? The rationale and logic of this proposal escapes me.

The State of California mandates that dwellings (including Class K) built after January 1, 2008 located in High Fire Hazard Severity Zones are required to comply with the Cal Fire ignition resistant construction requirements of Chapter 7a of the California Building Code and comply with the Cal Fire Wildland Urban Interphase (WUI) requirements for emergency vehicle road access, emergency water storage and defensible space clearances.
This unnecessary proposal is what I call “Code Creep”. The Class K Ordinance is unique to Mendocino County and has served its citizens well by providing affordable owner built rural housing. By allowing staff to continue to tinker with the Class K Ordinance to make it more like the California Building Code defeats the purpose of the ordinance. If it is the Boards desire to eliminate the Class K Ordinance, then do it all at once and be done with it instead of killing it slowly with multiple amendments. If the Board wants to encourage affordable owner built rural housing, then vote no on Agenda Item 4a and remove the 2000 sq. ft. size limitation for Class K dwellings.

If you have any questions or need additional information do not hesitate to contact me.

Sincerely,

Scott Ward
C: File
Mo Mulheren
Ted Williams
John Haschak
Dan Gjerde
Mike Oliphant