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HomeMy WebLinkAbout2013-05-28 - AGENDA REPORTS - FIRE ZONE MAP ORD (2)Agenda Item: 15 CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Approval: Item to be presented by: Assistanj Fire Chief Dean DATE: May 28, 2013 SUBJECT: FIRST READING OF AN ORDINANCE AMENDING THE CITY'S CURRENT HIGH FIRE ZONE MAP AND ADOPTING THE NEW STATE FIRE ZONE MAP FOR THE CITY AS REQUIRED BY STATE LAW DEPARTMENT: Public Works RECOMMENDED ACTION City Council introduce and pass to second reading an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 18.02 OF TITLE 18 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING FIRE HAZARD ZONES AND CONSTRUCTION REQUIREMENTS." BACKGROUND Fire zones in Los Angeles County (County) were originally established in 1970 by the Los Angeles County Fire Department. The County's first fire zone map was published October 1, 1970. The entire Santa Clarita Valley was included in what was then classified as Fire Zone No. 4, the most severe fire hazard zone classification at the time. After incorporation in 1987, the City of Santa Clarita (City) continued to enforce the County's fire zone map and construction requirements for new buildings in Fire Zone No. 4. In the early 1990s, portions of the County's fire zone map were reclassified from Fire Zone No. 4 to Fire Zone No. 3 for areas of the City no longer considered to be in a very high fire hazard area, due to ongoing growth and development within the City. Fire construction requirements for new construction were also reduced for those areas as well. AB 337 (BATES BILL, 1992) As a result of the Oakland Hills fire in 1991, which destroyed approximately 2,500 housing units and caused over $2 billion in damages, California State Assemblyman Tom Bates introduced Assembly Bill 337 in the 1992 legislative session. This legislation was signed into law on Ordinance passed to Second reading September 29, 1992, and became known as the Bates Bill. It added Sections 51175-51189 to the Government Code. The new sections were titled Chapter 6.8. "Very High Fire Hazard Severity Zones." The sections contain fire prevention measures to retard the rate of fire spread and reduce the potential for uncontrolled fires to destroy resources, property, or life. In summary, the Bates Bill: 1. Directed the California Department of Forestry and Fire Prevention (CAL FIRE) to identify and classify lands throughout the state as Very High Fire Hazard Severity Zones (VHFHSZ). 2. Directed local agencies to designate VHFHSZ within their jurisdiction and provide a map identifying those areas along with fire resistive requirements for new construction. 3. Required property owners in a VHFHSZ to maintain defensible space around habitable dwellings and disclose at the time of sale that the property is located in a VHFHSZ. 4. Directed the State Fire Marshal, in conjunction with the Director of Housing and Community Development, to develop building standards for new construction to reduce the fire risk to buildings and structures. In response to the Bates Bill, the City Council passed and approved Ordinance No. 98-5 on May 12, 1998, establishing fire hazard zones within the City. In the ordinance, fire hazard zones were defined as "...those areas within 1,000 feet of a natural brush hillside area, which pose a significant threat to fire as established by the Fire Department." As part of the ordinance, a fire zone map was also created that identified the fire hazard zones within the City. CAL FIRE MAPS In 2007, CAL FIRE began developing fire maps for all lands in California to maintain a consistent science -based mapping model throughout the state. The methodology behind the maps considered multiple factors, such as topography, fuel availability, weather, wind conditions, such as Santa Ana winds, brush clearance, infrastructure, building density, and fire history rather than just proximity to natural brush areas. CAL FIRE's science -based model more accurately identified hazardous areas by evaluating potential fire behavior and fire probability. Fire hazard areas were categorized as Moderate Fire Hazard, High Fire Hazard, and Very High Fire Hazard Severity Zones on the CAL FIRE maps. Areas of responsibility were also separated into state or local responsibility areas. All areas in the City fall under local responsibility. Government Code Section 51179 requires a local agency to designate, by ordinance, VHFHSZ in its jurisdiction upon receiving recommendations from CAL FIRE. Working in conjunction with the Los Angeles County Fire Department Forestry Division, the City has reviewed the most recently developed CAL FIRE maps for the City. The revised City fire zone map includes only those areas designated as VHFHSZ on the CAL FIRE maps for the City and does not include any areas designated as moderate or high fire hazard on the CAL FIRE maps. PUBLIC OUTREACH In conjunction with Section 51179, Government Code Section 51178.5 requires the local jurisdiction make the information, including the fire zone map, available for public review prior 2 to adoption. In compliance with this section, the City held two public open houses, April 18 and 25, 2013, to introduce the revised fire zone map to the public. Invitations were mailed to over 2,300 residents located in the VHFHSZ. A press release was also placed on the City's website and in the local newspaper providing notice of the open houses. City staff and representatives from the Los Angeles County Fire Department Forestry Division were on hand to explain the revised fire zone map and answer questions from the public. A combined total of 58 people attended the two meetings. INSURANCE IMPACTS TO RESIDENTS Issues and concerns from the public focused on key impacts the fire hazard zone could have on their property. The most common concern related to homeowner's insurance. Several homeowners voiced fears that the adoption of the new fire zone map could adversely affect their insurance rate or even cause cancellation of their policy. Ultimately it is not possible for CAL FIRE, the County's Fire Department, or City staff to state that insurance companies will ignore the geographic locations and underlying variables associated with CAL FIRE's maps. According to CAL FIRE, insurance rates are determined by a variety of factors based on fire risk. Fire risk is different from fire hazard. Fire risk considers the potential for fire damage to a structure based on the ability for a wildfire to ignite a structure and includes such factors as the flammability of the construction materials, building design, ignition -resistant materials, construction techniques, and adequate defensible space. Fire hazard is the primary focus of the CAL FIRE maps, not fire risk. CAL FIRE's fire hazard zones are based on factors, such as fuel availability, terrain, wind conditions, and fire weather. Subsequent to the open houses, staff contacted four insurance companies to follow up with the concerns voiced by the public. The companies contacted were Farmers, Allstate, Liberty Mutual, and State Farm. Three of the companies indicated they do not use the CAL FIRE maps, but use other factors, such as data from the Insurance Services Office for determining insurability and rates, or use their own software developed specifically for this reason. One company declined to reveal their method or provide any contact information for follow up. OTHERIMPACTS Other concerns from the public included possible building upgrades and other monetary impacts from being in a fire hazard zone. The ordinance does not trigger any current or retroactive construction upgrades to an existing structure. Construction upgrades would only apply should a property owner decide to construct a new building or structure, reroof their existing home, or, in some cases, remodel or construct an addition to their home. In such cases, a slight increase in construction costs could occur to meet the fire -resistive construction requirements contained in the California Building Code. Additionally, there is no city or state fee for being in the City's fire hazard zone. One other potential impact to residents is the requirement for maintaining a defensible space. Government Code Section 51182 requires any person who owns, leases, or maintains an occupied dwelling located in a VHFHSZ adjoining a mountainous or brush covered area or land that is covered with flammable material, to maintain a defensible space of 100 feet on all sides of 3 the dwelling. Maintaining a defensible space would include periodic brush and weed clearance, as well as tree pruning and landscape maintenance. This requirement, in most cases, applies only to the immediate property and does not extend beyond the property line. The requirement for brush clearance is enforced by the Los Angeles County Fire Department. ORDINANCE AND FIRE ZONE MAP Public notice for the ordinance included a letter sent to the same property owners invited to the open houses. The letter contained information regarding the City Council meetings on May 28 and June 11, 2013, at which the fire hazard zone ordinance and fire zone map are to be considered for adoption. Included with the letter was a list of questions asked by property owners during the open houses along with responses to the questions. Currently 61,844 parcels are in the City, including the recently annexed areas of North Copper Hill and Fair Oaks RanchAVest Sand Canyon. Out of that total, 20,759 parcels are in the VHFHSZ as shown on the revised fire zone map. The revised fire zone map removes 17,533 parcels from the fire hazard zone when compared to the current map adopted in 1998, while adding only 2,822 parcels. Areas that were recently annexed into the City classified in the VHFHSZ under the County's fire zone maps remain unchanged on the City's map. By passing this ordinance, the City's fire zone map will be updated to be consistent with the CAL FIRE maps as recommended by the Director of the California Department of Forestry and Fire Prevention. It will ensure the City is in compliance with Government Code Section 51179 and construction in VHFHSZ meets higher levels of fire safety to protect both lives and personal property from potential wildfires. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact to the City as a result of this ordinance. ATTACHMENTS Ordinance - Fire Hazard Zone Construction Requirements Old Fire Zone Map Fire Zone Map Fire Zone Comparison Map 11 ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 18.02 OF TITLE 18, OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING FIRE HAZARD ZONES AND CONSTRUCTION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES FIND AS FOLLOWS: WHEREAS, the topography in and around the City of Santa Clarita consists of many canyons, hillsides, and natural brush areas, which are susceptible to the spread of fire; and, WHEREAS, other local conditions, such as fire weather and Santa Ana winds can exist that could contribute to the spread of fire; and, WHEREAS, the purpose of the Ordinance is to identify areas in the City that are most vulnerable to fire hazard from natural brush areas and require specific building requirements to reduce the risk of ignition: and, WHEREAS, Government Code Section 51179 requires local agencies to designate, by ordinance, very high fire hazard severity zones in its jurisdiction. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: follows: SECTION 1. That Section 18.02 is amended to add Section 18.02.250 and to read as Section 118 is added to read as follows: Section 118 Fire Hazard Zones ("Very High Fire Hazard Severity Zones") 118.1 General. For the purpose of this Code, Fire Hazard Zones are those areas in the City of Santa Clarita that have been designated as Very High Fire Hazard Severity Zones (VHFHSZ) by the Director of the California Department of Forestry and Fire Prevention and as shown on a map titled "City of Santa Clarita Fire Zone Map" retained on file by the City's Building & Safety division. Such map is declared to be, on the date of issue, a part of this Code. Should revisions be made to the map at the recommendation of the Director of the California Department of Forestry and Fire Prevention, the revised map, at the date of issue, shall supersede the previously issued map. A copy of the most current Fire Zone Map shall be available for examination by the public at the City Hall. 118.2 Scope. The provisions of this section shall apply to new buildings or structures on individual lots or parcels that are located in a Fire Hazard Zone as determined from the City of Santa Clarita Fire Zone Map for which an application for a permit is submitted. 5 118.3 Construction requirements for buildings or structures in Fire Hazard Zone 118.3.1 General. Any building or structure hereafter erected, constructed, altered, added onto, or moved within or into a Fire Hazard Zone shall comply with all applicable provisions of Chapter 7A or Section R327 of this Code. 118.3.2 Roof covering repair or replacement. Roof covering on an existing building or structure that is being repaired or replaced shall comply with Section 1505. 1.1 of this Code. 118.3.3 Exterior wall covering of existing buildings. Exterior wall covering of an existing building or structure that is being repaired or replaced with a cumulative area greater than 50 percent of the total wall area shall comply with the provisions of Section 707A or Section R327.7 of this Code in their entirety. The provisions of this subsection shall be cumulative over any one-year period. 118.3.4 Exterior windows and doors of existing buildings. Where exterior windows or doors of an existing building are being replaced with new windows or doors, and where the number of windows or doors being replaced is greater than 50 percent of the total number of windows or doors on the building, all windows or doors shall comply with Section 708A or Section R327.8 of this Code. The provisions of this subsection shall be cumulative over any one-year period. SECTION 2. This Ordinance shall be in full force and effect 30 days from its passage and adoption. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 28th day of May, 2013. MAYOR ATTEST: INTERIM CITY CLERK mt0 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Arming Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 13- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of May, 2013. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 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