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Ordinance Number 7754 1 S ORDINANCE NO. 775 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 4 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8 ENTITLED "DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY" AND ESTABLISHING PROCEDURES FOR THE MODIFICATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES WHEREAS, the Legislature has declared in Government Code Section 51175, Subdivision (a) that: (1) fires are extremely costly, not only to property owners and residents, but also to local agencies; (2) fires pose a serious threat to the preservation of the public peace, health, and safety; (3) it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control; and, (4) preventative measures are needed to ensure the preservation of the public peace, health, and safety; and, WHEREAS, the Legislature has declared in Government Code Section 51175, Subdivision (b), that the prevention of fire is not a municipal affair, but is, instead, a matter of statewide concern; and, WHEREAS, pursuant to Government Code Section 51178, Subdivision (b), the Director of Forestry and Fire Protection identified areas within the County of Orange as Very High Fire Hazard Severity Zones; and, WHEREAS, except as otherwise provided, Government Code Section 51179, Subdivision (1), requires the City to designate by ordinance Very High Fire Hazard Severity Zones in its jurisdiction within 120 days after receiving recommendations from the Director of Forestry and Fire Protection pursuant to Government Code Section 51178, Subdivision (b); and, WHEREAS, maps designating the City's Very High Fire Hazard Severity Zones have been proposed by the Orange County Fire Authority and the California Department of Forestry and Fire Protection. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Chapter 8, "Designation of Very High Fire Hazard Severity Zones within the City" is hereby added to Title 4 of the San Juan Capistrano Municipal Code to read as follows: -1- 410 "TITLE 4, CHAPTER 8 "Designation of Very High Fire Hazard Severity Zones with the City "The City designates those areas identified on Exhibit "A" as Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of the California Government Code. "The areas identified in Exhibit "B" which were identified in the State Recommendations as Very High Fire Hazard Severity Zones have not been designated as being within Very High Fire Hazard Severity Zones within the City. The City finds that the requirements of Government Code Section 51182 are not necessary for effective fire protection within these areas based upon the evidence set forth in Exhibit '13-1'. "The City further finds that, because of their location and/or through compliance with existing fuel modification requirements, these areas will no longer be in, upon, or adjoining a mountainous area, forest -covered land, brush -covered land, grass -covered land, or land that is covered with flammable material. This finding is based upon the evidence set forth in Exhibit 'B-1'. "For these reasons, the areas identified on Exhibit "B" shall not be designated as being within the Very High Fire Hazard Severity Zones and shall not be subject to the provisions of Government Code Section 51182. "The Fire Chief shall cause an official reap of the Very High Fire Hazard Severity Zones (the "Very High Fire Hazard Severity Zone Map") to be prepared. "A property which is designated as being within a Very High Fire Hazard Severity Zone may later be excluded from within the Very High Fire Hazard Severity Zone, upon a finding that inclusion of the property within a Very High Fire Hazard Severity Zone and the application of the requirements of Government Code Section 51182 to the property are no longer necessary for effective fire protection within the area to be excluded. "Upon a determination that the property shall be excluded from the Very High Fire Hazard Severity Zone, the property shall be relieved of further compliance with Section 51182 of the Government Code. -2- 417 "The City finds that, under the following circumstances, an area previously designated as being within a Very High Fire Hazard Severity Zone shall: 111. No longer be included within a Very High Fire Hazard Severity Lone because the requirements of Government Code Section 51182 are no longer necessary for effective fire protection within the area to be excluded; "2. Be excluded from the requirements of Government Code Section 51182 because, as a result of its location and/or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for City, the area will no longer be in, upon, or adjoining a mountainous area, forest -covered land, brush -covered land, grass -covered land, or land that is covered with flammable material. "3. Be removed from the Very High Fire Hazard Severity Zone Map. "The conditions for such an exclusion (the "Exclusion Conditions") shall be as follows: 111. 1. A final subdivision or parcel map (A "Map") for the Property to be excluded has been recorded in the Official Records of the County Recorder and that Map: "a. Clearly identifies the Property to be excluded; and, "b. Was approved subject to conditions of approval which include those conditions described in Exhibit "C" (the "Exhibit C Conditions"). "Section 4-8.06. Petitions for Exclusion. "A property within a Very High Fire Hazard Severity Zone may be excluded from the Very High Fire Hazard Severity Zone under other circumstances provided that: 111. The legal or equitable owner of the property petitions the City to have that property excluded from the Very High Fire Hazard Severity Zone and the requirements of Government Code Section 51182. "2. The City Council makes a finding, supported by substantial evidence in the record, that the requirements of Section 51182 of the Government Code are not necessary for effective fire protection within the area to be excluded. "3. The City Council makes a finding, supported by substantial evidence in the record, that, as a result of its location and/or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for City, the area will no longer be -3- EM in, upon, or adjoining a mountainous area, forest -covered land, brush -covered land, grass -covered land, or land that is covered with flammable material. "4. The City may impose such conditions on the removal of properties from the Very High Fire Hazard Zones as may be required in order for the City to make these findings. I Or 0-GIFFAVII-TIMMMITIT-233 Me "When a property is excluded from a Very High Fire Hazard Severity Zone, the Fire Chief shall cause the Very High Fire Hazard Severity Zone Map to be amended to reflect such exclusion or addition." This Ordinance shall take effect and be in force thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 6th day of February , 1996. WYATT VART, MA 'OR ATTEST: 41V STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 775 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on January 16th , 1996, and adopted at a meeting held on February 6th , 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO , CITY CLERK -5- (4 Z U r -- C f W 71 San tapistrano Exhibit A City Recommended "-*- Very High Fire Hazard Severity Zones Map imill Fuel Break q i ► Very High Fire Hazard Severity Zone um"W40 LAS High Fire Hazard Area I ............ . within City Limit 421 San n apistrano Exhibit B State Recommended Very High Fire Hazard Severity Zones Map Very High Fire Hazard Severity Zone IMVery High Fire Hazard Severity Zone within City Limit 422 EXHIBIT B -1 Pursuant to Section 51179 (b) of the California Government Code, the City of San Juan Capistrano makes the following findings which support the exclusion of area from the Very High Fire Hazard Severity Zones from Exhibit B: 1. The establishment and maintenance of a fuel break along the entire eastern boundary of San Juan Capistrano between the current northern limits of the break and Ortega Highway serve to remove all residential neighborhoods to the west of this break from the Zone. 2. The establishment and maintenance of a fuel break between the Concorde and Forester Ranch Developments as Depicted in Exhibit A serve to remove residential neighborhoods to the south and west of this break from the Zone. 3. In the areas to be excluded, compliance by all property owners with the provisions of Title 6, Chapter 7, "Weed and Refuse Abatement," of the San Juan Capistrano Municipal Code is required. The work "weed" includes both annual grasses and perennial brush species. 4. In the areas to be excluded, compliance by new development with the provisions of Section 9-3.628 of the San Juan Capistrano Municipal Code, "Vegetation Fuel Modification," is required. The required minimum width of the vegetation fuel modification area may range from 50 to 100 feet, including both wet and thinning zones. Similar Vegetation Fuel Modification requirements are also found in the requirements of Appendix II -A, Uniform Fire Code (Section 27). 5. In the areas to be excluded, compliance with the provisions of Appendix IIA of the Uniform Fire Code, as locally amended, is required. The defensible space and property maintenance requirements of Appendix II -A, Uniform Fire Code, are equivalent to or more restrictive than the requirements of AB 337 (Bates). 6. In the areas to be excluded, through required compliance with the provisions of the Uniform Building Code, as locally amended, all roof covering material for new residences and those residences proposing to modify at least 10% of the existing roof covering will be of Class "A" roof covering material. 4L5 EXHIBIT "C" There shall be created and maintained on and/or adjoining the Property a fuel modification zone (the "Fuel Modification Zone') which meets all standard fuel modification requirements of the City. 2. Compliance with any maintenance provisions of the applicable fuel modification requirements shall be enforced pursuant to the provisions of any applicable Fuel Modification Zone Maintenance Guidelines, if adopted by City, or through any other legal remedy available to the City including fees, liens, prosecution, and so forth. Where the Fuel Modification Zone is to be maintained by a homeowners' association: a. The conditions, covenants, and restrictions recorded against all property within the homeowners' association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements. b. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the City in order to assure that the Fuel Modification Zone continues to be maintained in compliance with the applicable fuel modification requirements. A reasonable fee, to be established by the City from time to time, may be charged to each homeowners' association subject to the fuel modification requirements to offset the costs of the annual inspection. 4. All construction within a tract which is to be removed from a Very High Fire Hazard Severity Zone shall have Class A roof assemblies.