Ordinance Number 682ORDINANCE NO. 682
ESTABLISHING VEGETATION FUEL MODIFICATION REGULATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-3.628, ENTITLED
"VEGETATION FUEL MODIFICATION" TO TITLE 9 "LAND USE" OF
THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Municipal Code Section 9-3.628 entitled "Vegetation Fuel Modification" is
hereby added to read as follows:
SECTION 9-3.628 - VEGETATION FUEL MODIFICATION
(A) Purpose and Intent - Special regulations are necessary to insure public safety
and reduce fire damage to structures located in areas subject to risk from
wildland fires. The primary purpose is to require fuel modification that
provides a more acceptable level of risk from wildland fires by removal of
native flammable vegetation and replacement with drought -tolerant, fire-
resistant plants that reduce radiant and convective heat. This planting
program will provide fire -suppression forces a safe area in which to take an
action to protect life and property.
(B) Definitions - For the purposes of this section, "Vegetation Fuel Modification"
shall mean the following: "a wide strip of land where native flammable
vegetation has been removed or modified or both and partially or totally
replaced with drought -tolerant, fire-resistant plants." "Primary Structure"
shall mean "a principal permitted structure designated by the applicable zoning
district, it shall not pertain to minor accessory structures such as patios,
fences, etc."
(C) Fuel Modification Approval Required - Any development application that will
require the issuance of a Building Permit for a primary structure(s) where
property is immediately adjacent to mature flammable vegetation, shall be
subject to the requirement that a modification program approval be obtained
from the Fire Marshal prior to Building Permit issuance.
(D) Review Process
(1) Submittal - A fuel modification plan shall be submitted to City
concurrently with an application for a Building Permit or other
development application (i.e. tentative subdivision map, growth
management, or non-residential development, etc.). Prior to issuance of
any permits, a fuel modification plan and program must be approved by
the Fire Marshal and either the Planning Commission or Design Review
Commission if said development application is to be processed under
Sections 9-2.301 or 9-2.306. The plan will show special treatment of the
area to achieve an acceptable level of risk regardingg: exposure of
structures to flammable vegetation; and methods) of removal,
mechanical or hand labor; and continuous maintenance.
The vegetation fuel modification shall include the following information:
(a) Delineation - The minimum width of the vegetation fuel
modification area may range between 50-100 feet. This may
require evaluation by a fire department representative prior to
preparation of the plan. For preliminary plan approval, general
dimensions will be adequate. For precise plans, exact delineation
showing undulated borders, etc., must be submitted.
(b) Wet Zone - The first 50 feet of vegetation fuel modification must
consist of irrigated landscaping. The plan must delineate that
portion of the fuel modification area which will be permanently
irrigated. Fuel modification can be as simple as a wet zone
(greenbelt) extending into flammable light annual vegetation.
These wet zones may range between 50-100 feet in width measured
on a map from the back of a lot or from a point within the lot
where deed restrictions and/or provisions of the Municipal Code
prohibit the location of flammable structures.
(c) Plant List - A plant list must be submitted containing both the
botanical and common name of all plant materials that are to be
used. In the wet zone areas, plants must be fire resistant and
preferably drought -tolerant. Plant materials that are to be used
outside of the wet zone areas must be fire resistant.
(d) Thinning Zones - Thinning or removal of heavy perennial brush for
distances of 100 feet or more will be required. Replanting of low-
volume, fire-resistant, drought -tolerant plants may be required for
erosion and slope control. Large shrubby plants shall be thinned out
and cleared of all dead wood. Spacing between the plant material
should be limited to no closer than 15 feet on center.
(e) Off -Site Area - In areas where the minimum width cannot be
achieved within lot or tract boundaries, off-site permission may be
required to obtain the minimum width. Documentation of
permission for off-site fuel modification and maintenance must be
attached to preliminary plans.
(f) Maintenance - Provisions for continuous maintenance must be
provided, i.e. through homeowners' associations, property owners,
or other entities. Maintenance includes the removal of undesirable
flammable vegetation, irrigation, etc., needed to maintain the fuel
modified area in a fire safe condition as required by the Orange
County Fire Department. Written evidence indicating
responsibility for maintenance must be submitted with the
preliminary fuel modification plan.
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(g) Method(s) for Maintenance - How native vegetation will be
removed or thinned is to be identified. The method of removal can
be critical in various view -sensitive areas, geologically -hazardous
areas, and in woodland areas. Mechanical removal is acceptable in
some areas. In other areas, hand removal or thinning will be
required. Wood areas will require hand thinning and some
vegetation may need to be selectively removed. Trees can usually
remain if not dense. If trees are proposed to be removed, a proper
Tree Removal application shall be processed in accordance with
Section 9-2.309.
(h) New Planting Adjacent to Structures in Fire Risk Areas - New
planting adjacent to structures on private property which is in close
proximity to native vegetation is considered part of the Vegetation
Fuel Modification Program and will be subject to review and
monitoring in accordance with Section (E) (Enforcement). The
following guidelines shall be observed when planting near fire risk
areas:
(i) Limit use of plants which are known to be especially
flammable.
(ii) Limit planting in large unbroken masses - especially trees
and large shrubs. Groups should be two or three maximum,
mature foliage of any group should be separated
horizontally by at least 30 feet.
(iii) Limit use of plants which develop large volumes of foliage
and branches.
(iv) Limit use of plants which have dry or deciduous foliage
during part of the year.
(v) Limit use of plants which develop deciduous or shaggy bark.
(vi) Limit use of plants which develop dry or dead undergrowth.
(vii) Limit massing of vegetation adjacent to structures -
especially under eaves, overhangs, decks, etc.
(viii) Limit massing of shrubs at bases of trees or larger shrubs.
(ix) Conduct yearly maintenance to reduce fuel volumes,
eliminate weeds, remove dead vegetation, etc.
(x) Provide reliable automatic irrigation systems to maintain
vegetation in healthy, turgid state.
(2) Permit Application - An application to the Engineering and Building
Services Department for either a grading or building permit for projects
subject to the provisions of this section, shall include submission of a
preliminary fuel modification plan as described under subsection (1)
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above. After preliminary plan review, a precise fuel modification plan
incorporating plan check corrections must be submitted and approved
prior to issuance of permits.
(3) Release of Use and Occupancy Permits - The approved fuel modification
plan shall be installed prior to final inspection. Use and Occupancy
permits shall be issued only upon final inspection and acceptance by the
City.
(E) Enforcement - In the event that the fuel modification program is not properly
maintained resulting in the accumulation of weeds or rubbish constituting a
hazard, enforcement action will be taken pursuant to the weed abatement
provisions of Municipal Code Sections 6-7.01 et seq.
passage.
SECTION 2.
Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen 05) days after its 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 test of this Ordinance
to be posted in the Office of the City Clerk five (5) days prior to adoption of this
Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the after mentioned 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 5th day of February ,
1991.
KENNETH E. FRIESS, MAYOR
ATTEST:
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121
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 682 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on January 15, 1991 , 1991, and adopted at
a meeting held on February S , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez and Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) ( '/yZ�1✓� ,
CHtRYL JOH O ITY CLERK
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