HomeMy WebLinkAbout2008/05/20 Item 7
CITY COUNCIL
AGENDA STATEMENT
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~(f!:::. CITY OF
~CHULA VISTA
May 20, 2008
Item~
SUBMITTED BY:
ORDINA..l'lCE OF THE CITY OF COOLA VISTA
DESIGNATING VERY HIGH FIRE HA.ZARD SEVERITY
ZONES AS RECOl'vlivIENDED BY THE DIRECTOR OF THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AS DESIGNATED ON MAPS l'vL\INTAINED IN
THE OFFICE OF THE CITY CLERK
DIRECTOR OF PLANNING AND BUILDIN~~
FIRE CH~ 1-'
ASSISTANT CITY MANJ~. EI,\. \1--;:::;'
CITY MANAGER I ~W
ITEM TITLE:
REVIEWED BY:
4 5THS VOTE: YES
NO X
BACKGROUND
Pursuant to Government Code Section 51179, the City must designate, by ordinance,
very high fire hazard severity zones in its jurisdiction within 120 days of receiving
recommendations from the Director of Forestry and Fire Protection. The City received
the Director's recommendations, a map identifying very high fire hazard severity zones
within Chula Vista. This ordinance designates these zones as required by State law.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed acl1vlty for
, compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 (b) (5) of the State
CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA
. Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDA nON
That the City Council place the ordinance on first reading.
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May 20, 2008, Item~
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BOARDS/COMMISSIONS RECOMi\1ENDA TION
The Board of Appeals and Advisors at their Monday, April 14, 2008 meeting lmanimously
reccimniended adoption of the city of Chula Vista's Very High Fire Hazard Severity
Zones, as recommended by the Director of the California Department of Forestry and
Fire Protection.
DISCUSSION
The Oakland Hills fire in 1991 prompted the 1992 "Bates bill", Assembly Bill 337
(Government Code 51175 - 51189). It instructed the Director of Forestry and Fire
Protection (DFFP) to classify lands in the state in accordance with whether a very high
fire hazard is present so that public officials are able to take measures that will reduce the
potential intensity of uncontrolled fires that threaten to destroy resources, life, or
property. Pursuant to Government Code (Ge) Section 51179, within 120 days from
receiving the recommendations, local jurisdictions must designate, by ordinance, very
high fire hazard severity zones (VHFHSZ) in its jurisdiction.
Exhibit l:(1:he Very High Fire Hazard Severity Zones (VHFHSZ) Map, dated Aprj,j 03,
2008, identifies these zones in the City as recommended by the DFFP. iIhe
recommendations are a result of a model that took into account factors such as fire
history, existing and potential fuel, flame length, blowing embers, terrain, weather and
the likelihood of buildings igniting. There are approximately 3300 parcels that are
located fully or partially in a VHFHSZ.
Reducing wildfire threat is a two-part approach; 1) Reduce flammable material around
homes to keep direct flames and heat away from the side of buildings and, 2) construct
buildings so that they have less chance of catching fire from burning embers. GC 51182
addressed the first approach by requiring any person who owns, leases, controls, operates,
or maintains an occupied structure in a VHFHSZ to maintain the property as follows:
1. Provide a 100 foot defensible space; Vegetation management 30 feet around
structures or to the property line, which ever is nearer, arid do fuel modification to
the remaining 70 feet, or to the property line, which ever is nearer.
2. Keep the roof of structures free of leaves, needles or other dead vegetative
growth.
3. Trim tree branches so that they are at least 10 feet away from chimneys or
stovepipes, and maintain trees adjacent to or overhanging any structure free of
dead or dying wood.
4. Upon sale or transfer of the property, disclose to a prospective buyer or transferee
the fact that the property is located within a VHFHSZ and is subject to the
requirements imposed on VHFHSZ.
These requirements do not apply to areas of land or water acquired or managed for any of
the following purposes:
I. Habitat for endangered or threatened species by the State or Federal government.
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May 20, 2008, Item~
Page 3 of3
2. Land kept as natural habitat for wildlife, plants or animals.
3. Open space lands that are environmentally sensitive parklands
4. :Lands having scenic values, as declared by the local agency or by state or federal
law.
As for the second part of the approach, recent State legislation directed the State Fire
Marshal (SFM), with the help of the DFFP and the Director of Housing and Community
Development (DHCD), to develop fire protection building standards for roofs, exterior
walls, structure projections, and structure openings of buildings located within areas
designated to be at a significant risk from wildfires. The Building Standards Commission
(BSC) adopted these standards as Chapter 7A of the 2007 California Building Code
(2007 CBC). Local enforcement of Chapter 7A takes effect July 1,2008. New buildings
located in VHFHSZ for which an application for a building permit is submitted on or
after July 1,2008, must comply with Chapter 7A.
Chapter 7 A requires the use of approved building products and construction methods, the
use of exterior wildfire exposure protection materials and construction methods for
exterior siding, windows; eaves vents, exterior doors and decks, and the enclosure of all
under- !loor areas and the' underside of decks to within six inches of the ground. The
ignition-resistant standards in Chapter 7 A are intended to protect buildings from being
ignited by flying embers which can travel as much as a mile away from the wildfire.
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DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Council Member McCann has property holdings within 500 feet of the
boundaries of the property which is the subject of this action.
FISCAL IMP ACT
There is no direct fiscal impact to the City.
A TT ACHMENTS
1. Very High Fire Hazard Severity Zones [VHFHSZ] - Local Responsibility Areas
[LRA] map, dated April 3, 2008.
2. Minutes of April 14, 2008 Board of Appeals & Advisors Meeting.
Prepared by:
Lou EI-Khazen. Deputy Building Official & Justin Gipson, Fire Marshal
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Very High Fire Hazard Severity Zones [VHFHSZ] - Local Responsibility Areas [LRA]
(Recommended by ttle Direclor of tl1e C<lliforni<l Department of Foresfry and Fire Ploteclioll)
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MINUTES OF A REGULAR MEETiNG
BOARD OF APPEALS AND ADVISORS
. CITY OF CHULA VISTA, CALIFORNIA
April 14, 2008
Conference Room #137 inside Public Services Building
276 Fourth Ave. Chula Vista, CA 91910
5:15 PM
MEMBERS PRESENT: Chairman West, Vice-Chairman Turner, Members: Buddingh, Flach, Lopez,
Sides
MEMBERS ABSENT: Buencamino-Andrews (excused)
CITY STAFF PRESENT: Brad Remp, Assistant Director/ Building Official of Planning and Building; Lou
EI- Khazen, Deputy Building Official; Justin Gipson, Fire Marshal; Eileen
Dimagiba, Senior Office Specialist (Recording Secretary)
OTHERS PRESENT: None
CALL MEETING TO ORDER: Chairman West called meeting to order at 5:15 PM.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: None
2. APPROVAL OF MINUTES: MSC (West/Flach) (6-0-1) motion to approve the minutes of March 10,
2008 Regular Meeting.
3. NEW BUSINESS:
A. Ordinance Designating Very High Fire Hazard Severity Zones- By Lou EI-Khazen
Lou EI-Khazen, Deputy Building Official, presented a Powerpoint presentation on a
proposed ordinance to designate, by ordinance, very high fire' hazard severity zones in
Chula Vista's jurisdiction within 120 days of receiving recommendations from the Director
of Forestry and Fire Protection. A map identifying very high fire hazard severity zones
within Chula Vista was also included as an attachment to Board Members, for this
presentation. This ordinance will designate these zones as required by State Law. This
ordinance is being presented to the Board of Appeals & Advisors for motion to
recommend approval to the Chula Vista City Council to designate these very high fire
hazard severity zones and would be effective July 1", 2008. The presentation included
background information on the 1992 "Bates Bill", created after the Oakland Hills fire in
1991. This bill mandated the Director of Cal-Fire to evaluate fire hazard severity zones in
local jurisdictions, and recommend to the local jurisdictions to indicate where these zones
exist New requirements for residential homes for reducing wildfire threat were also
presented which included providing 100-feet of defensible space, keeping roof free of
vegetation growth, trimming tree branches at least 10-feet away from chimneys or
stovepipes, and to disclose to buyer or transferee the fact that the residential property is
within a Very High Fire Hazard Severity Zone (VHFHSZ). Chapter 7 A requirements were
also presented, which stated the use of approved building products and construction
methods that are ignition-resistant
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Board of Appeals & Advisors
Meeting Minutes
Page 2
April 14, 2008
Justin Gipson, Fire Marshal, presented the details of the VHFHSZ Map. He indicated on
the map some unincorporated areas, such as Bonita Sunnyside, and also stated that
most of the areas on this map is undeveloped area as of right now. But these areas can
be future developments.
Comments on Lou EI-Khazen's presentation:
. Member Sides asked why would you not require additions or construction to homes to
comply with this ordinance? Lou answered and said that it is not currently required but when
Chula Vista adopts the Urban Wildlife Interface Code, it will be required.
. Member Turner asked why the increase in government code requirements? Was it a natural
escalation built into the legislation? Brad answered and said we needed to harden the
requirements for fire prevention, starting from experience from Oakland Hills fires in 1991
and since then.
. Member Turner asked if there was an estimate of the percent increase in building costs? Lou
answered and said that these requirements will add very little increase.
. Member Buddingh asked what is the definition of "defensible space"? Justin explained and
said that it is any area where you can do aciive management of the fuels that are there and
allow for room for some type of defense. For example, to also allow room for response time
for fire fighters to set up, management of vegetation, etc. Also, if you do not have 100-feet of
defensible space as required, Lou stated that you would be required to go up to the property
line.
. Member Sides asked why on the VHFHSZ Map are there "cut- out areas" and what about
their safety? Brad answered and said that there are areas like that because of the
typography, type of vegetation (low fire risk), and parcel lines. But through Chula Vista's
Wildland- Urban Interface Code (WUIC), they will also fall under the same requirements of
this ordinance.
MSC (West/Lopez) (6-0-1) motion to recommend approval of this ordinance to City Council
4. MEMBERS COMMENTS/CHAIRMAN'S COMMENTS/REPORTS: None
5. BUILDING OFFICIAL'S COMMENTS/REPORTS:
A Chula Vista Wildland- Urban Interface Code- presented by Justin Gipson
Justin Gipson, Fire Marshal, presented a Powerpoint presentation the Wildland-Urban Interface
Code (WUIC) specific to Chula Vista. Many different City departments such as Fire, Public Works,
Finance, and GIS have been involved in this. Another Fire Hazard Severity Zone Map, specific to
conditions here in Chula Vista was also presented for this code. These conditions included having
enough water to fight fires, especially in Eastern Chula Vista and the new home developments,
access roads for Chula Vista Fire Department, and defensible space requirements. Justin stated
that this document is very close to being finalized. He said thaUhis code is more restrictive than
Chapter 71'. requirements and addresses fire hazards to homes adjacent to areas designated as
"open space". For example, Justin pointed out the Rice Canyon area near Home Depot off of E. H
Street. This code was also created to help homeowners become educated on what types of "fuel"
or vegetation to have on their property, such as drought-tolerant vegetation. Referring to the Map,
Justin indicated on there that the "river bottom" area is highlighted indicating that it is prone to fire
danger (highlighted area heading West towards Ocean). Also, the overlapping areas (Blue and
Yellow/Red/Orange areas together) on the Map are areas where you need to meet both the State
and Chula Vista's WUIC requirements. Justin stated that the next steps in finalizing this Code will
be to finalize the draft, have it be reviewed by the stakeholders and get feedback, approval from
the Board of Appeals & Advisors, then approval from City Council for adoption.
Comments on Justin Gipson's presentation:
. Member Sides asked what was the requirement of space in between residential properties? Lou
said 20-feet, 1 O-feet on both sides of house.
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Board of Appeals & Advisors
Meeting Minutes
Page 3
April 14, 2008
. Member Turner asked what is a "crossover" area (as indicated on WUIC-VHFHSZ Map) between
the State and Chula Vista? Justin answered and said we are using the WUIC requirements as the
"minimum requirements, then State comes in and works off of Chula Vista's requirements.
. Member Buddingh asked what is the definition of "fiammable vegetation"? Justin said that a list of
plants will be released to the home owners in the future. Member Buddingh commented that the
vagueness of this list might cause problems and confusion for homeowners, and might not be
enforceable by City.
. Member Lopez commented that these presentations were good and this is the "sign of the times"
and it's good that the City is being proactive on this.
B. Green Building Standards will be brought to Board of Appeals & Advisors within the next coming
months- City Council has decided that they want us to adopt new Green Building Standards, and
State anticipates that these new standards will be in affect by July 2009.
6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None
7. ADJOURNMENT: MSC (West/Flach) (6-0-1) adjournment of meeting at 6:47 pm. to the next regular
meeting in Planning and Building Conference Room #137 on May 12, 2008.
BRAD REMP, G.B.O.
ASST. DIR OF PLANNING & BUILDING/ BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS & ADVISORS
MINUTES TAKEN BY:
EILEEN DIMAGIBA, SR. OFFICE SPECIALIST
PLANNING & BUILDING DEPARTMENT
(RECORDING SECRETARY)
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ORDINA1"\fCE NO.
ORDINANCE OF THE CITY OF CHT..JLA VISTA
DESIGNATING VERY HIGH FIRE HAZARD
SEVERITY ZONES AS RECOM1\1ENDED BY THE
DIRECTOR OF THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION AS
DESIGNATED ON MAPS MAINTAIJ'iED IN THE
OFFICE OF THE CITY CLERK
WHEREAS, the California State Legislature has declared that the prevention of
fires is a matter of statewide concern; and
WHEREAS, the State Legislature has directed the Director of the California
Department of Forestry and Fire Protection (CM FIRE) to identify areas as very high
fire hazard severity zones in all counties .based on consistent statewide criteria and based
on the severity of fire hazard that is expected to prevail in those areas; and
WHEREAS, the detenrunation of an area as a very high fire hazard severity zone
is based on fuel loading, slope, fire weather, and other relevant factors; and
WHEREAS, the purpose of the designation of areas as very high fire hazard
severity zones is so that public officials are able to identify measures that will retard the
rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to
destroy resources, life, or property; and
WHEREAS, the director of CAL FIRE has transmitted to the City those areas
designated as very high fire hazard severity zones; and
WHEREAS, the City Council must designate, by ordinance, very high fire hazard
severity zones as recommended by the director of CAL FIRE, pursuant to Government
Code section 51179.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1: It designates Very High Fire Hazard Severity Zones as recommended by
the Director of the California Department of Forestry and Fire Protection and as
designated on a map titled Very High Fire Hazard Severity Zones [VHFHSZ] - Local
Responsibility Areas [LRA] , dated April 3, 2008, and filed with the Office of the City
Clerk.
SECTION' II: This ordinance shall take effect and be in full'force on the thirtieth day
from and after its adoption.
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Presented by
Brad Remp
Building Official
Presented by
Jim Geering
Fire Chief
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Approved as to form by
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Ann Moore
City Attorney
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