HomeMy WebLinkAbout23 2011 FIRE HAZARD SEVERITY ZONE MAPSAgenda Item 23
Reviewed:
AGE1`1DA REPORT City Manager ~
Finance Director"
MEETING DATE: DECEMBER 6, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 2011 FIRE HAZARD SEVERITY ZONE MAPS
SUMMARY:
On October 25, 2011, the California Department of Forestry and Fire Protection (Cal Fire)
forwarded a map depicting its recommendations for a Very High Fire Hazard Severity Zone in
the City of Tustin. State law requires Cal Fire to make such recommendations and describes
local agency responsibilities upon receipt of this information. Properties located within these
zones are subject to numerous State Building Code and real estate disclosure requirements.
For these recommendations to be applicable, the map must be adopted as part of an ordinance
by the Tustin City Council.
On November 3, 2011, Cal Fire and the Orange County Fire Authority (OCFA} jointly forwarded
a map depicting their recommendations for High and Moderate Fire Hazard Severity Zones in
the City of Tustin. Cal Fire and OCFA have requested that the City of Tustin consider use of the
information for public awareness and education, and to improve public safety through possible
modifications to adopted building standards. Properties located within these zones may be
subject to numerous State Building Code and real estate disclosure requirements. Unlike the
Very High Fire Hazard Severity Zone (FHSZ) map mentioned above, there is no statutory
requirement for the City of Tustin to take action on this recommendation.
RECOMMENDATION:
That the Tustin City Council:
1. Direct the City Manager to forward correspondence to Cal Fire (Attachment 1) that the
requirement to adopt the Very High FHSZ map is an unfunded state mandate and that
the matter will only be considered by the Tustin City Council following State provision of
funds to reimburse the City of Tustin far the costs associated with increased levels of
service associated with the program.
2. Receive and file CAL FIRE and OCFA's recommendations for High and Moderate Fire
Hazard Severity Zones in the City of Tustin.
FISCAL IMPACT:
Pursuant to California Government Code Sections 51178.5 and 51179 (a through g), formal
adoption of the Cal Fire-recommended Very High FHSZ map would require certain new City of
Tustin actions or increased levels of service. The City Attorney has opined (below) that City of
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 2
Tustin costs associated with implementing these new actions or increased levels of service
constitute an unfunded State mandate.
BACKGROUND AND DISCUSSION
Government Code Section 51178 requires Cal Fire to identify areas in the state that are within
Very High Fire Hazard Severity Zones on a map. Since the early 1980s, Cal Fire has been
working with responsible local fire authorities and local agencies to prepare and adopt a FHSZ
map intended to 1) disclose to current and future property owners that certain properties are in
close proximity to wildlands and may be at a higher risk potential for wildland fire; and, 2) ensure
that building upgrades are made to affected properties to reduce wildland fire related property
losses and improve fire-life safety in the area. Generally, a Very High Fire Severity Zone is
identified for areas of a community in close proximity to undeveloped, wildland areas. The
mapping of Fire Hazard Severity Zones was controversial and the State was initially unable to
mandate local agency compliance.
In 1992, Assembly Bill 337 (Bates) formally required the state Department of Forestry and Fire
Protection (Cal Fire) to prepare a map identifying Very High Fire Hazard Severity Zones for
areas that were potentially at risk to wildland fires. Model ordinance building code requirements
were also prepared to apply to structures located within these areas (e.g. shake shingles were
required to be replaced by composite, concrete or clay shingles). Cal Fire was responsible for
enforcement of the provisions within state .property, referred to as State Responsibility Areas
(SRA). Local jurisdictions. were instructed to adopt the portion of the map identifying "very high"
Fire Hazard Severity Zone within non-state jurisdiction, or the Local Responsibility Areas (LRA)
and the model building code provisions applying to those properties. However, the Bates Bill
allowed local jurisdictions to "opt out" of the FHSZ Map and model ordinance reauirements if
they believed that the City's previously adopted codes and reaulations provided eaual or more
stringent protections to the affected properties.
In 1995, the City of Tustin
received its Cal Fire FHSZ Map
and draft model ordinance for City
consideration and adoption. In
September 1995, the City of
Tustin exercised its right to "opt
out" of the requirement to adopt
the Very High Fire Hazard
Severity Zones and model
ordinance, indicating that the City
believed the Bates Bill
requirements to be "redundant" to
the City's existing codes and
requirements (Attachment 2). A
portion of the State SRA area and
the current Tustin LRA area
(showing no fire hazard zone) are
depicted in the figure to the right.
As a result, the City of Tustin was
officially depicted on Cal Fire's
. ~ .
..
~,.~ ...
LRA
~'
,... • -,
SRA
:t:
:~, ...
~. ....
c ...........
1995 - 2011
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 3
LRA FHSZ map as having no area within a Very High Fire Hazard Severity Zone from that time
to the present.
However, Government Code Section 51181 requires Cal Fire to periodically review and update
their mapping of Very High Fire Hazard Severity Zones and to provide this information to
affected local agencies. In addition, revisions to the Government Code have resulted in the
elimination of the "opt out" option for local agencies.
During the last four years, CAL FIRE has been developing updated maps for affected local
jurisdictions across California, including those in Orange County. At the start of this process, the
Orange County Fire Authority (OCFA) requested that CAL FIRE also prepare maps for areas
that include three fire hazard zones -Very High, High and Moderate for all affected local
jurisdictions in Orange County, as was being done by CAL FIRE for the unincorporated State
Responsibility Areas of the County. The OCFA Board of Directors directed OCFA staff to pursue
preparation of a map with all three zones after the Santiago (2007) and Freeway Complex
(2008) fires that devastated Orange County communities.
Staff Concerns
Late in 2008, a draft map revision was presented for review to City staff. The map included a
large area of East Tustin within Very High, High and Moderate FHSZ and a large area of Tustin
Legacy (former MCAS Tustin) within a Moderate FHSZ. City staff met with and requested Cal
Fire and OCFA to remove or greatly reduce the areas identified as Fire Hazard Severity Zones
in Tustin. Staff believes that the FHSZ maps are problematic for the following reasons:
East Tustin is an urbanized area that should be exempt from mapping. The area is
recently developed using modern construction methods and materials; the area can be
easily accessed for rapid response by OCFA fire fighting personnel from the Tustin
Ranch Station on Pioneer Road; and, the area was developed with modern
infrastructure providing sufficient water pressure for fire-fighting purposes.
• Many East Tustin structures, including large single family residences, churches, etc.,
were constructed with fire sprinklers.
Many East Tustin communities were developed with Covenants, Conditions and
Restrictions (CCRs) originally requested by OCFA that 1) prohibit private property
owners from constructing flammable structures within the rear 20 feet of their property
adjacent to a slope; and 2) require homeowner associations to actively manage and
maintain natural vegetation on common area slopes within 100-150 feet of residential
property lines (OCFA actively inspects these slopes to ensure conformance).
Mapping a property within a Very High, High or Moderate FHSZ could be used by
insurance companies to identify properties potentially at risk, negatively affecting
homeowner insurance rates (similar to FEMA flood insurance requirements), and
residential re-sale values.
Properties in the vicinity of but outside of areas mapped as a Very High, High or
Moderate FHSZ could also be negatively affected with potential insurance cost
increases and negative re-sale impacts.
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 4
• Government Code Section 51182 states that an owner/lessee of a dwelling within an
area designated as being within a Very High FHSZ shall:
o Maintain a defensible space of 100 feet from each side and from the front and
rear of the structure, but not beyond the property line wherein;
o Perform fuel (vegetation) modification so that a wildfire burning under average
weather conditions would be unlikely to ignite the structure (single specimen
trees orwell-pruned and maintained vegetation is exempt);
o An insurance company that insures the dwelling or structured may require a
greater distance, but not beyond the property line.
• Government Code Section 51183.5 states that the designation of a property within a
Very High FHSZ adopted by the local agency must be disclosed at the time of sale.
Even if the map is not adopted by the City of Tustin, it is part of the public record. Thus,
real estate professionals and homeowners may be obligated to disclose that a property
is within or in close proximity to a Very High, High or Moderate FHSZ, as depicted on
Cal Fire and OCFA's current maps.
If the map is formally adopted by the Tustin City Council, any property located within a
Very High FHSZ would be required to comply with Chapter 7A (Materia/s and
Construction Methods for Exterior Wi/dfire Exposure) of the California Building Code
(CBC), and Chapter 49 (Requirements for Wildland-Urban Interface Fire Areas) of the
California Fire Code (CFC). These codes require all new buildings (including
reconstruction of destroyed buildings, or proposed additions/remodel of existing
buildings) located within any Very High Fire Hazard Severity Zone to include roofing,
attic ventilation, eave, window, exterior door, decking, and other building upgrades to
better protect a structure in proximity to wildland fire areas. A source with the BIA has
estimated that compliance with CBC Chapter 7A and CFC Chapter 49 will increase the
cost of a new home by approximately $12,000.
Although properties identified within a High and Moderate FHSZ are currently not subject
to CBC Chapter 7A or CFC Chapter 49, California Building and Fire Code updates are
adopted every three years. As previously Hated, Cal Fire and local fire authorities have
worked in the past to revise state codes. A Building and Fire Code revision could
someday be proposed and adopted by the State that would require the provisions of
CBC Chapter 7A and CFC Chapter 49 to apply to properties mapped within all three Fire
Hazard Severity Zone areas (Very High, High and Moderate FHSZ). The CBC and CFC
are minimum state law requirements.
Once a property is included in a FHSZ area, there is no way for a property owner to
make improvements that would ever remove or exempt the property from the Cal
Fire/OCFA FHSZ map. Even a property that complies with all Cal Fire and OCFA fire-
safety requirements (i.e., the homeowner's association maintains a 150 foot fuel
modification slope easement; the property owner does not construct flammable
structures within 20 feet of that slope; the home is equipped with sprinklers; and the
home has been upgraded to comply with Building Code Chapter 7A and Fire Code
Chapter 49 requirements) remains identified within a FHSZ as long as the map exists.
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 5
If the Vern High FHSZ Map is officially adopted by the Tustin City Council, Government
Code Section 65302.5(a)(1) would thereafter reauire all draft updates of the Safety
Element of the Tustin General Plan to be forwrarded to the State Board of Forestry and
Fire Protection and OCFA at least 90 days prior to adoption. The State and OCFA may
make recommendations for changes to the draft Safety Element regarding 1) uses of
land and land use policies in Very High fire hazard severity zones; and 2) methods and
strategies to reduce risk of wildland fire. Government Code Section 65302.5(a)(3)
requires the City to consider the recommendations made by the State and OCFA.
However, if the City determines not to accept the recommendations, it must provide
written correspondence as to its reasons for rejecting that input. This requriement
potentially reduces local land use control.
In the summer of 2010, Cal Fire provided City staff with a revised Very High, High and Moderate
FHSZ map. In September 2010, staff met with Cal Fire and OCFA staff to again request the
elimination or reduction of the areas proposed.
In November 2010, staff forwarded correspondence to Cal Fire formally opposing the
preparation of a FHSZ map that would include any portion of Tustin within a Very High, High or
Moderate Fire Hazard Severity Zone map (Attachment 3).
In December 2010, Cal Fire responded to staff that Tustin Legacy would be removed from the
FHSZ map as requested by staff but that the mapping for East Tustin had been developed using
their experience and computer modeling which they believed to be reliable (Attachment 4).
In January 2011, staff met with OCFA to again discuss the City's concerns with the FHSZ map,
but no progress was made that might prevent distribution of the final map.
In March 2011, Cal Fire provided staff with a revised FHSZ map. On July 19, 2011, staff
forwarded correspondence again to Cal Fire opposing the preparation of a FHSZ map for Tustin
(Attachment 5).
In August 2011, Cal Fire responded to staff again justifying the preparation of the map for East
Tustin (Attachment 6).
On September 29, 2011, Tustin Mayor Pro Tem Nielsen requested that the OCFA Board of
Directors reconsider OCFA's involvement in the preparation of the High and Moderate FHSZ
maps. However, OCFA Board reconsideration of the matter was defeated by one vote.
2011 Fire Hazard Severify Zone Maps
Very High Fire Hazard Severity Zone Ma
On October 25, 2011, Cal Fire forwarded its 2011 Very High Fire Hazard Severity Zone Map
(shown below and in Attachment 7) and model ordinance for adoption by the City of Tustin
(Attachment 8). Very High FHSZ maps were also sent to several other Orange County cities
that border wildland areas including Anaheim, Orange, Irvine, Lake Forest and others
(Attachment 9). A map identifying specific Tustin neighborhoods located within the Very High,
High and Moderate FHSZ areas is provided as Attachment 10. For Cal Fire's recommendations
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 6
to be applicable, the map must be adopted as part of an ordinance by the Tustin City Council
within 120 days of receipt.
Cal Fire has indicated that
its 2011 Very High FHSZ
map was developed using
computer data interpretation
involving aerial photography,
information about terrain,
availability of vegetation fuel
~, ,
Z7~ry it-~-~1~ Firs ]E-7az~rc~ Sava~rity 'Zones in LRA
As Recommended by CAL FIRE
sources, and proximity to
wildland areas. The OCFA
assisted Cal Fire in the
mapping effort. Modeling
information and data
associated with this
determination was not
provided to the City.. Cal
Fire and OCFA have
indicated that the Very High
FHSZ map reflects East
Tustin fire hazards inherent
with the prevalence of
slopes containing natural _ ---- -
..p - .~
flora, and proximity to Peters ~ ~ , - .••~.-..-~~........P. ~ ~'-
Canyon Regional Park's ~_ ~~ ...,.M._.s.~..__..µ...._ ~ ~ m _
natural setting and the SRA
area depicted in the map orv
page 2 of this report. According to Cal l=ire, the mapping process extended the hazard zones
deeper into urbanized areas than the previous model.
As proposed, the 2011 Very High FHSZ map includes 530 private residential properties, the
Salvation Army Headquarters, Pioneer Road Park, and Peters Canyon Regional Park (High and
Moderate FHSZ mapped areas discussed below propose to impact 1,003 additional private
residential properties). Cal Fire and OCFA have not informed property owners of the release of
the map or of any of the potential or required impacts associated with properties located within
the Very High FHSZ map. Cal Fire has indicated previously that it is the City's responsibility to
conduct hearings on the matter, if necessary.
Government Code Sections 51178.5 and 51179 (a through g) describe local agency
responsibilities upon receipt of this information. General requirements of the Government Code
in this matter are summarized below:
• Section 51178.5 -Within 30 days after receiving the Very High FHSZ map from Cal Fire, the
City of Tustin shall make the information available for public review. Note: A copy of the
Very High FHSZ map was made available at the Community Development Department
public counter beginning November 21, 2011.
2011 Fire Nazard Severity Zone Maps
November 6, 2011
Page 7
Section 51179 - A local agency shall designate, by ordinance, very high fire hazard severity
zones in its jurisdiction wifhin 120 days of receiving recommendations from receiving
recommendations from Cal Fire.
City Attorney Review
The City Attorney has reviewed this requirement and provided input to staff as follows:
Article XIII B, section 6 of the California Constitution states in pertinent part:
"(a) Whenever the Legislature or any state agency mandates a new program or higher level
of service on any local government, the State shall provide a subvention of funds to
reimburse that local government for the costs of the program or increased level of service..."
On April 29, 1999, the Commission on State Mandates adopted a Statement of Decision
regarding Very High FHSZ, which became effective April 30, 1999. On August 26, 1999, the
Commission adopted parameters and guidelines concerning Very High FHSZ. In summary
the Commission on State Mandates determined that the fol/owing actions are state
mandates reimbursable any time the State updates its recommendations through the
creation of new zones, or by changing the boundaries of existing zones, including:
(a) Reviewing and analyzing State recommendations, maps, and other related materials;
(b) Making the information contained in the State`s recommendation identifying an area
as Very High FHSZ available to the public in a format that is understandable and
accessible to the general public, and includes, but is not limited to, the development
of maps and overlays; or
(c) Adopting an ordinance wifhin 120 days of receiving the State's recommendation, and
includes drafting and adoption of an ordinance and publication of the ordinance.
Other portions of Very High FHSZ requirements are reimbursable one-time activities,
including:
(a) Development of a manual or computer database or file for the names and addresses
of owners and occupiers of property within Very High FHSZ to the extent such
information is not already maintained;
(b) Input of names and addresses of owners and occupiers of property within Very High
FHSZ in the database or file; or
(c) Development of the notice describing maintenance requirements imposed.
Some portions are reimbursable annually, including:
(a) Updating the database or file containing the names and addresses of owners and
occupiers of property within Very High FHSZ to the extent such information is not
already maintained; or
(b) Mailing the notice describing the maintenance requirements imposed to owners and
occupiers of property within Very High FHSZ on an annual basis.
Pursuant to the Local Agencies Mandated Costs Manual, Very High FHSZ is a program
suspended for the 2008-2009, 2009-2010, 2010-2011 and 2011-2012 fiscal years. Because
the Legislature has suspended the Very High FHSZ program, at least for the fiscal years
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 8
stated herein, the Citv is not reauired to give effect to or implement the statute or any
portion thereof. for these fiscal years. (Gov. Code §17581)
Conclusion:
The Very High FHSZ map and model ordinance has been determined to be an unfunded
mandate, and the matter remains unfunded in this year's State budget. As a result. there is
no enforceable statutory mandate reauirina the ordinance and Verv Hiah FHSZ map to be
adopted at this time.
High and Moderate Fire Hazard Severity Zone Map
On November 3, 2011, Cal Fire
and the Orange County Fire
Authority (OCFA) jointly
forwarded a recommendation
for High and Moderate Fire
Hazard Severity Zones in the
City of Tustin that abut Cal
Fire's proposed Very High
FHSZ areas (shown ~at right and
in Attachment 11). Similar
maps were also sent to all
jurisdictions throughout the
County including Anaheim,
Orange, Irvine, Lake Forest and
others (Attachment 12). A map
identifying specific Tustin
neighborhoods located within
the Very High, High and
Moderate FHSZ areas is
provided as Attachment 10.
Taken together, Cal Fire and
OCFA believe these maps
would give a complete picture of
the wildfire hazards within the
City of Tustin.
High and Moderate Fire Hazazd Severity Zones
As Provided by CAL FIRE
i
_ N.
(.
-- =-sue-_ £ =-
As proposed, the 2011 High and
Moderate FHSZ map includes
1,003 private residential properties, a Jehovah V1/itness church, Meters Canyon Elementary
School, Peters Canyon Child Development Center, Pioneer Middle School, OCFA Station #49
and Cedar Grove Park. As discussed above, additional unmapped properties may be negatively
impacted by their proximity to a mapped FHSZ area. Cal Fire and OCFA have not informed
property owners of the release of the map or of any of the potential or required impacts
associated with properties located within the High or Moderate FHSZ map.
Cal Fire and OCFA has requested that the City of Tustin consider use of the information for
public awareness and education, and to improve public safety through possible modifications to
2011 Fire Hazard Severity Zone Maps
November 6, 2011
Page 9
adopted building standards. However, there is no statutory requirement for the City of Tustin to
take action on the Cal Fire and OCFA recommended High and Moderate FHSZ map.
CONCLUSION
Staff recommends that the Tustin City Council:
1. Direct the City Manager to forward correspondence to Cal Fire (Attachment 1) that the
requirement to adopt the a Very High FHSZ map is an unfunded state mandate and that
the matter will only be considered by the Tustin City Council following State provision of
funds to reimburse the City of Tustin for the costs associated with increased levels of
service associated with the program.
2. Receive and file CAL FIRE and OCFA's recommendations for High and Moderate Fire
Hazard Severity Zones in the City of Tustin.
If the State Legislature and Governor agree to fund the matter in the future, then at that time the
statutory requirement to adopt the Very Nigh FHSZ map ordinance will be brought back for City
Council consideration.
Dana L. Ogdon, AICP
Assistant Director
Elizabeth A. Binsack
Director of Community Development
S:\Cdd\ccreport\2011 FHSZ Map.doc
ATTACHMENTS:
1. Proposed written response to Cal Fire on Very High FHSZ map for Tustin.
2. 1995 "Opt Out" letter from City of Tustin to Cal Fire.
3. November 2010 correspondence from E. Binsack to Cal Fire.
4. December 2010 Cal Fire response to E. Binsack.
5. July 2011 correspondence from E. Binsack to Cal Fire.
6. August 2011 Cal Fire response to E. Binsack.
7. 2011 Very Nigh FHSZ Map from Cal Fire for City of Tustin.
8. Model Ordinance Designating Very High FHSZ within affected cities.
9. 2011 Very High FHSZ Map from Cal Fire for County of Orange.
10. Neighborhood Map of areas affected by Very Nigh, High, and Moderate FHSZ.
11. 2011 High and Moderate FHSZ Map from Cal Fire and OCFA for City of Tustin.
12. 2011 High and Moderate FHSZ map from Cal Fire and OCFA for County of Orange.
Attachment 1
Proposed written response to Cal Fire on Very
High FHSZ map for Tustin
December 7, 2011
Mr. Ken Pimlott
Director
Department of Forestry and Fire Protection
PO Box 944246
Sacramento, CA 94244-2460
SUBJECT: 2011 FIRE HAZARD SEVERITY ZONE MAP, CITY OF TUSTIN
Dear Mr. Sapsis:
Thank you for forwarding to us the 2011 Very High Fire Hazard Severity Zone (FHSZ) Map far
the City of Tustin. Government Code Sections 51178.5 and 51179 (a through g) describe local
agency responsibilities upon receipt of this information. Section 51179 requires a local agency
to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days
of receiving recommendations from receiving recommendations from Cal Fire.
The City Attorney has reviewed this requirement and provided input to staff and the Tustin City
Council that:
Article XIII B, section 6 of the California Constitution states in pertinent part:
"(a) Whenever the Legislature or any state agency mandates a new program or higher level
of service on any local government, the State shall provide a subvention of funds to
reimburse that local government for the costs of the program or increased level of service..."
On April 29, 1999, the Commission on State Mandates adopted a Statement of Decision
regarding Very High FHSZ, which became effective April 30, 1999. On August 26, 1999, the
Commission adopted parameters and guidelines concerning Very High FHSZ. In summary
the Commission on State Mandates determined that the following actions are state
mandates reimbursable any time the State updates its recommendations through the
creation of new zones, or by changing the boundaries of existing zones, including:
(a) Reviewing and analyzing State recommendations, maps, and other related materials;
(b) Making the information contained in the State's recommendation identifying an area
as Very High FHSZ available to the public in a format that is understandable and
accessible to the general public, and includes, but is not limited to, the development
of maps and overlays; or
(c) Adopting an ordinance within 120 days of receiving the State`s recommendation, and
includes drafting and adoption of an ordinance and publication of the ordinance.
Mr. Ken Pimlott
2011 VH FHSZ Map
December 7, 2011
Page 3
Other portions of Very High FHSZ requirements are reimbursable one-time activities,
including:
(a) Development of a manual or computer database or file for the names and addresses
of owners and occupiers of property within Very High FHSZ to the extent such
information is not already maintained;
(b) Input of names and addresses of owners and occupiers of property within Very High
FHSZ in the database or file; or
(c) Development of the notice describing maintenance requirements imposed.
Some portions are reimbursable annually, including:
(a) Updating the database or file containing the names and addresses of owners and
occupiers of property within Very High FHSZ to the extent such information is not
already maintained; or
(b) Mailing the notice describing the maintenance requirements imposed to owners and
occupiers of property within Very High FHSZ on an annual basis.
Pursuant to the Local Agencies Mandated Costs Manual, Very High FHSZ is a program
suspended for the 2008-2009, 2009-20?0, 2010-2011 and 2091-2012 fiscal years. Because
the Legislature has suspended the Very High FHSZ program, at least for the fiscal years
stated herein, the City is not required to give effect to or implement fhe statute, or any
portion thereof, for these fiscal years. (Gov. Code §?7581)
Therefore, the Very High FHSZ map and model ordinance is an unfunded mandate, and the
matter remains unfunded in this year's State budget. As a result, there is no enforceable
statutory mandate requiring the ordinance and Very High FHSZ map to be adopted at this
time.
For these reasons, the City of Tustin will not proceed with the adoption of the map until the
State Legislature and Governor agree to fund this mandate. If you have questions or concerns
regarding this matter, please contact Ms. Elizabeth A. Binsack at (714) 573-3031.
Sincerely,
William A. Huston
Interim City Manager
cc: Tustin City Council
Laura Blaul, OCFA
Brett Petroff, OCFA
Elizabeth A. Binsack, CDD
Dana L. Ogdon, CDD
Mr. Ken Pimlott
2011 VH FHSZ Map
December 7, 2011
Page 4
2011 VH FHSZ Map.doc
Attachment 2
1995 "Opt Out" letter from City of Tustin to Cal Fire.
Director
Chris WurZ,ell, Division Chief (714} 573-3106
Fire Prevention Program Manager Panning & zoning into.
California Department of Forestry and Fire Prevention (714} 573-3140
2524 Mulberry Street
Riverside, Calif . 92501 Building
(714) 573-3131
(714} 573-3132
SIIBJECT: AsBembly Bill 337 Of 1992 (The Bates Billj Housing
.. (714)573-3117
Code Enforcement
Dear Chief Wurzell, (714) 573-3134
Business License
Thank you far your letter dated July 31, 1995 (71a) 573-3144
regarding Very High Fire Hazard Severity Zones and the Inspection Requests
implementation of AB 337 (Bates Bill) . {714) 573-3141
City staff have reviewed the bill and the s ecifics Graffiti Hot Line
P (714)573-3111
outlined in your letter. It is our opinion that the City is
exempt from the requirement to designate such a zone FAX Machine
because of meeting all the criteria for exemption based (714) 573-3113
upon previously adapted, regulations equal to or more
stringent than those imposed by the bill.
The areas designated for inclusion in the zone by the
preliminary mapping are primarily located in the "hillside
district" as defined in the East Tustin Specific Plan.
The areas not located in the "hillside district"' are mass
graded vacant lots which are level and clear of all
vegetation other than a light grass cover. There are no
existing structures in the subject area.
If development occurs in this area it will be subject
to the provisions of the Uniform Building Cade, Uniform
Fire Code, and the City of Tustin's East Tustin Specific
Plan as amended and adopted by the City of Tustin. The
Uniform Building Code and the East Tustin Specific Plan
require a minimum of Class "A" roofing for any future
structures in this area.
The City amends and adopts the Uniform Fire Code including
appendix II-A "Suppression and Control of Hazardous Fire
Areas". The City amendments and adoption of appendix II-A
equal or exceed the vegetation clearance and management
requirements of the Bates Bill. I have attached copies of
the foregoing items for your review.
The City of Tustin supports statewide fire prevention
efforts and we feel we have taken responsible steps to
support the cause of fire safety in advance of the Bates
Bill. Adoption of the "Very High Fire Hazard Severity Zone"
as proposed in the Bates Bill would therefore be redundant
and provide no additional fire protection beyond what is
currently adopted and enforced.
Please review the attached ordinance sections and
excerpts from the specific plan. Should you require any
additional information.or clarification, please contact me
at (714) 573-313Q. ~~
Sincerel ,
~~~
Rick Brown, C.B.O.
Building Official
attachments
cc: William Huston
Christine Shingleton
Herb Jewell, OCFA
Page Dougherty, OCFA
RB:ab33T.tet
Attachment 3
November 2010 correspondence from
E. Binsack to Cal Fire.
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avid Sapsis
1N'ildland Fire Scientist
CAL FIRI= Fire and Res®urce Assessment Prcgram (F I')
P~ i3ox 944246
Sacrament®, CA 94244-2460
Sl1~JEGT: 2010 FIRE H AR® SEVERITY Z®NE MAP, C6TY ®F TUSTIN
®ear Mr. Sapsis:
CAL FIRE is in the prccess cf gathering current data f®r an updated mapping prcject (2010
FFiSZ). Representatives cf CAL FIRE have met with City cf `fustin representatives cn a ccuple
~f ®ccasions t® discuss general comments ab®ut specii'ic issues related t® CAL FIRE mapping
cf Tustin as part cf the prcpcsed 2010 FHSZ Map. Hcwever, the City is unc®mfortable with the
pr®cess being utilized t® prepare and ad®pt the 2010 FFISZ Map.
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Specifically, the City has received no reliable data or substantiation that would support
the proposed revision of the approved 2007 FHSZ Map. In addition, East Tustin's and
Tustin Legacy's historical setting and conditions have not changed since the preparation
and adoption of the 2007 FHSZ. East Tustin is built-out and undeveloped areas of
Tustin Legacy are within an urban setting where weeds are routinely eliminated by the
City. In addition, neither East Tustin nor Tustin Legacy has any recent history of a major
fire event to justify revision of the approved 2007 FHSZ Map.
2. It is our understanding that the 2010 FHSZ Map is being developed using computer
modeling techniques. Computer modeling is based upon hypothesis and historical data
but is typically constrained by the quantity and quality of the data used to prepare the
model. ®ne benefit of computer modeling is consistency in data application over time,
eliminating significant variations or fluctuations that can be a result of human
interpretation or error. With a reliable model, revisions to previous maps should be
limited to fine tuning previous assumptions, adding new data (e.g. to new buildings
constructed, fires that occurred, etc.), and correction of minor errors identified in the last
model. Again, East Tustin and Tustin Legacy are urban areas that have not experienced
a major fire event or a changed condition that would support significant revision of the
2007 FHSZ Map. We believe that the 2007 FHSZ Map should not be retained until
reliability of the 2010 FHSZ Map°s computer modeling can be substantiated, tested and
proven.
3. Many insurance underwriters develop their own proprietary hazard/risk maps for their
own use in ascertaining fire hazards. These maps are not typically available to the
public. Regardless of State assertions to the contrary, the City of Tustin is concerned
that the 2010 FHSZ IVlap will be available and could subsequently be utilized by
homeowner insurance companies to augment their understanding of the potential for
wildfire in the City without solid evidence or substantiation. It is our belief that the
significant changes proposed for Tustin in the 2010 FHSZ Map will cause
unsubstantiated, significant concerns to homeowner insurance companies and ultimately
add significant cost to affected homeowners. The 2010 FHSZ Map should not replace
the 2007 FHSZ Map or augment risk maps currently utilized by homeowner insurance
companies.
We believe that the above issues are important issues that should be resolved prior to adoption
of the 2010 FHSZ ap. Therefore, we request that CAL FIRE continue to utilize the 2007 FHSZ
bap related to Tustin unti(a more reliable computer rreodel can be ientife, tested and proven
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and anti! ~ ~~ore open ~r®cess ~~or c®mmunicating rod®sed change with "she ~uhiic can he
im~ien~ei~ted. i~t you have questions or concerns regarding this matter9 ~iease oontact ~~~ at
~l~~ ~7~®~g~`i. `thank you for y®ur assistance.
SincerelyP
Attachments
cc: avid . Biggs, City Manager
Laura ~laul, CFA
Flenry Huang, wilding ®fficial
Cana Ogdon, Assistant ®irector
Amy Thomas, Senior Planner
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Attachment 4
December 2010 Cal Fire response
to E. Binsack.
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY ARNOLO 5CHWARZENEGGER, Governor
'~ CEPAR'r~AENT ~F F®FdES°rRY AN® FlFdE PR®TECTI®N
.-
" ~ ®ff~ce of the State Fire Nfarshal
P.O. Sox 944248
SACRAMENTO, CA 94244-2460
(918)445-43Q2
We6site: www.fire.ca.oov
'F~~..
December 16, 2010
Elizabeth A. Binsack
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92780
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Dear Ms. Binsack:
We received your letter dated November 23, 2010, and addressed to David Sapsis, indicating issues
associated with the ongoing development of Very High Fire Hazard Severity Zones (VHFHSZ) for Local
Responsibility Areas (LRA) for wildland fire control in Orange County. We also have some context from
our discussions with Tustin staff when we met at a workshop sponsored by the Orange County Fire
Authority (OCFA) in September. What follows is a response to concerns raised in your letter, especially
those that lead you to the conclusion that the ongoing draft map under review is inadequate and/or
specious.
In item 1, you express concerns that the 2010 draft map shows significant changes to the 2007 FHSZ
available on ourwebsite at: http:Jlfrap.cdf.ca.gov/webdata/maps/orange/fhszs_map.30.pdf, noting that
the map does not depict any portion of Tustin as a classification of FHSZ. This happened because the
2007 map was developed and adopted pursuant to Public Resource Code 4301-04, and applies to
Sta#e Responsibility Areas (SRA) only. Said, another way, the 2007 map masks FHSZ data in all areas
that are not designated as SRA. The map legend shows white stipples for LRA incorporated lands
such as Tustin, independent of any information/data we have regarding FHSZ designations.
The original release of DRAFT FHSZ data in 2007 included FHSZ classifications fora{I jurisdictions,
including LRA, and was reviewed by Tustin personnel. In response to this outreach, we received three
documented comments about these maps/data. These comments were discussed at the beginning of
the city workshop held at OCFA headquarters on September 16, 2010, before addressing the current
2010 draft. In fact, the draft data within Tustin on the 2007 map is virtually unchanged in the draft 2010
map available here: http:/ffrap.fire.ca.gov/projectslhazardJGC_51175-51189.pdf. This is what we
presented as part of the earlier general workshop held at OCFA far all cities in August of this year.
In item 2 you raise concems about computer-based modeling methodologies as a source of possible
error. We understand misgivings about how a complex model may produce results at the local level.
However, based on its development, testing and extensive use across Califomia by CAL FIRE, and
adoption in numerous cities throughout Califomia, we are confident that the FHSZ process produces
viable results. And, before final recommendations are developed by CAL FIRE, local fire and other
agencies typically provide additional review of the results. Changes often are made by CAL FIRE to
refine the focus of the maps at the focal level.
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Fri CdC:C C3CAfi~fiWeCL9 '4'R a'*r^a~ee+enc rr ra®rrnr>cs rr5.rc reran ac®rx enerr,rro. ears r...e a r....r «.-..-,e ..... a.s. .-.......-.... .-f ....... .... ... ®...
Elizabeth A. insack
®ecember 16, 2010
Page 2
The basic computer routines and data that developed the 2007 draft maps are pretty much the same far
2010. Revisions to the 2010 draft data were based on field review, 2009-10 aerial photography, and
the suite of solicited comments received from the initial 2007 review. None of those processes initiated
any changes within the city of Tustin prior to the release of the draft 2010 data and maps in August
2010. Field review during the September visit did result in developing a review change comment for the
Tustin Legacy area. Based on that review, the entire area is slated for reclassification to non-FHSZ
status due to its limited grassland fuels and bounded. rimeter. ~ °~
However, in the case of East Tustin, there is strong reason to classify some areas as Very High.
Although the area within the city limits is largely developed, terrain, urban fuels, and nearby wildlands
are in close proximity and arranged in a way that, under some conditions, can cony wildfire into East
Tustin. The model developed for FHSZ has specific components addressing ignitions from embers in
non-continuous fuels that are often represented in urbanized areas. This is a departure from the
mapping process used in the original Bates mapping effort for LRA done in the mid-1990s. At that time,
there was no reliable way to show the influence of ember-driven ignition sources off-site from the
wildlands that produced the embers, despite being a widely recognized mechanism of house ignition
from vegetation fires. The net impact is that the new FHSZ mapping typically extends the zones deeper
into urbanized areas than the previous model.
Based on previous discussions with OCFA, we understand that Tustin opted out of adopting a VHFHSZ
under the Bates bill. This was because local ordinances regarding roofing and defensible space
requirements were already in place, thus allowing for an exemption of FHSZ designation. As new
building codes were adopted by the California Building Commission in 2007, there is no longer an "opt
out" option where local ordinances are at least as restrictive as that required by state law.
Thus, based on extensive experience of wildland fires encroaching into highly urbanized areas, the
physical conditions in East Tustin support a Very High FHSZ classification. We did discuss the
boundaries of these areas at the workshop in September and were open to some changes that better fit
parcel boundaries and related conditions. We also talked about how the FHSZ model works, how
similar areas in eastern Orange County look on the draft data, and how the ongoing outreach, review,
and local validation process are trying to improve boundaries and related issues.
In item 3 the letter expresses concern that including areas of VHFHSZ within Tustin could affect
homeowner insurance underwriting and rates. CAI. FIRE is on record as indicating that FHSZ does not
describe current risk, which is the appropriate actuarial metric for underwriting. For example, FHSZ
does not directly describe current hazard (an important component of risk). Rather, it is operationally
linked to new building code requirements. The FHSZ model and ratings are based in part on potential
maximal hazard over a 30-50 year time horizon. This is the expected life that structures wauld last over
the cycle of vegetation. While CAL FIRE has received a number of public concerns that the FHSZ
maps have caused changed to homeowner policies, we have not been able to verify that insurance
companies are really using CAL FIRE FHSZ maps and related data in any of their e~faluations. They
use information that is focused on their policy evaluation needs.
Finally, your last concern is the lade of public outreach and chance to comment available to potentially
adversely affected members of your community as part of rnap development or local adoption process.
This is largely a function of the way the law is written which guides development of Very High FHSZ
within cities and some unincorporated areas of counties. Under Sections 51.175 - 89 of the
Government Code, CAL FIRE must develop Very High FHSZ recommendations for such areas. The
statutory requirements and procedures are spelled out and are available for reading online at
http:/Jfrap.f re. ca. govfprojectsfhazard/GC_51 1 75-51 1 89. pdf.
Elizabeth R. Binsack
December 16, 2010
Page 3
The statute gives some direction in factors that CAL FIRE should consider in determining FHSZ ratings.
The law does not specify any requirement or process far GAL FIRE to directly involve citizens in
developing or reviewing recommendations that apply to their communities. Under the law, FHSZ
recommendations must be available at least 120 days for a public comment period prior to adapting the
recommended maps as part of the local ordinance process. The local adoption process involves a
public hearing at which public input on the proposed FHSZ designations can occur. Local agencies can
add areas to the proposed FHSZ recommendations, but under the law their discretion to drop areas or
to make changes to areas recommended by CAL FIRE seems limited.
Due to the extent of work and the number of cities (over 200) for which Very High FHSZ
recommendations have been developed, GAL FIRE has concentrated on working, with its field units or
contract county~fire de artments and with local fire agencies to develo proposed Very High FHSZ ~'
r~commen gas. Draft maps, related data, and the recor of results of discussions wi#h local -~
agencies have been available over the web. Substantial background information on the FHSHZ model
and process has also been available on the web. As much as we might like to do so, CAL FIRE just
does not have the staff and time to do more with each city.
For its part, OCFA has made a lot of effort to involve local fire and other agencies in review of maps.
This took place first in 2007 and then again in 2010 when CAL FIRE was able to produce revised draft
maps. CAL FIRE is very grateful for this help.
OCFA, local fire agencies, and others already have given input on FHSZ ratings and recommendations.
The revised draft maps of FHSZ in Orange County cities really are "draft" and input is still coming in
from OCFA and otherjurisdictions. CAL FIRE reviews all of this input systematically and is making
changes where they seem warranted based on physical or other evidence.
Ultimately, both CAL FIRE and OCFA are doing their best to make sure that the FHSZ
recommendations are both accurate and useful at the local level. I hope that this letter provides more
information about how we are trying to do so. If you have further questions, please don't hesitate
to ask.
Sincerely,
DEAN CROMWELL
Chief, Planning and Risk Analysis
cc: Ken Pimlott, GAL FIRE
Tonya L. Hoover, CAL FIRE - OSFM
Mikel Martin, CAL FIRE -Fresno
John Hawkins, GAL FIRE -Riverside
Keith Richter, OCFA
Laura Blaul, OGFA
Brett Petroff, OGFA
Attachment 5
July 2011 correspondence from
E. Binsack to Cal Fire.
Community Development Department
July 19, 2011
David Sapsis
Wildland Fire Scientist
CAL FIRE Fire and Resource Assessment Program (FRAP)
PO Box 944246
Sacramento, CA 94244-2460
TUSTIN
~:.
HISIURY
SUBJECT: MARCH 2011 FIRE HAZARD SEVERITY ZONE MAP, CITY OF TUSTIN
Dear Mr. Sapsis:
Thank you far forwarding to us the Draft Fire Hazard Severity Zone (FHSZ) Map for the City of
Tustin dated March 2011 for our review and comment (attached). It is our understanding that
the March 2011 FHSZ Map is your proposed final step in the technical review process prior to
Cal Fire officially publishing maps for local adoption.
As you know, the last ofFcial Cal Fire FHSZ Map was approved by the State in 1995. At that
time, the City of Tustin lawfully "opted out" of the requirement to adapt the local Cal Fire FHSZ
Map and model ordinance. Citing Government Code Section 51179, the City chose to not adopt
Fire Hazard Safety Zone's for the City due to the mitigating presence of a modern local fire
station, infrastructure and roadway system, and lack of wildlands in this very urban setting. As a
result, no area within the City of Tustin is officially designated on the Cal Fire FHSZ Map as
being within a Very High Fire Hazard Severity Zane.
For the past several years, Cal Fire and Orange County Fire Authority (OCFA) staff have been
gathering data for an updated mapping project. The draft 2010 FHSZ Map extended the Very
High Fire Hazard Severity Zone deep into urbanized East Tustin and included the former Marine
Corps Air Station (now referred to as Tustin Legacy). At the request of OCFA staff, the 2010
FHSZ Map also added two new Fire Hazard Severity Zones (high and moderate fire hazard
zones) that are not mandated by State law. It should be noted that neither East Tustin nor
Tustin Legacy has any recent history of a major fire event or substandard construction
conditions to justify including either area in the 2010 FHSZ Map. To the contrary, East Tustin
and Tustin Legacy are urbanized areas, recently developed (or developing) using modern
construction methods, and that are easily accessible for rapid response from OCFA fire fighting
personnel from nearby fire stations.
Our review of the currently proposed March 2011 FHSZ Map and a-mail transmittal from the
OCFA reveals that it is the State's position that the map responds to comments provided by
local agencies. However, Cal Fire has chosen to focus on minor verbal comments made during
300 Centennial Way, Tustin, CA 9270 • P: (714) 573-3100 • F: (714) 573-31 l3 • www.tustinca.or~
BUILDING OUR FUTURE
HONORING OUR. PAST
Mr. David Sapsis
March 2011 FHSZ Map
July 19, 2011
Page 3
a series of technical meetings held between Cal Fire, OCFA and City staff that appears to have
resulted in the proposed removal of Tustin Legacy from the March 2011 FHSZ Map. However,
Cal Fire has not addressed the City's previous numerous verbal requests and November 2010
written request to remove all portions of East Tustin from the FHSZ Map consistent with the
State's currently official 1995 FHSZ Map.
We again request that Cal Fire remove all portions of East Tustin prior to release of a Final
FHSZ Map (we assume that Tustin Legacy will be removed as currently proposed). Conditions
or circumstances have not changed significantly since the adoption of the 1995 FHSZ Map that
would justify inclusion of East Tustin in the March 2011 FHSZ Map. Our reasons for this request
are as follows:
The depiction of areas in the City as Very High, High and Moderate Risk Zones is not
required by State law. The City of Tustin is already on record as lawfully "opting out" of
previous State FHSZ mapping prepared in 1995. As before, Cal Fire should recognize
and respect the City of Tustin's right to determine that a Fire Hazard Safety Zone is not
required due to the mitigating presence of a modern local fire station, modern
construction standards, modern infrastructure and roadway system, and lack of
wildlands in this very urban setting.
• The depiction of areas in the City as Very High, High and Moderate Risk Zones will
create a negative stigma that could possibly harm homeowner insurance rates.
• The depiction of areas in the City as Very High, High and Moderate Risk Zones will
unnecessarily negatively impact resale values, adding to recent downturn in the housing
market.
• The depiction of areas in the City as Very High, High and Moderate Risk Zones will
require hundreds of homeowners to comply with new, potentially costly building code
upgrades.
• We believe that Cal Fire, as the project proponent and author of the FHSZ Map, has
failed in not providing any public notices or conducting any required public meetings with
affected property owners.
• In proposing that the State FHSZ Map designate optional High and Moderate Severity
Zone areas in Orange County (reportedly only two county fire agencies statewide have
made such a proposal}, we believe that OCFA should have conducted outreach to area
residents.
• There is no mandate for the State to include the OCFA-recommended High and
Moderate Fire Severity Zones in the map.
• The OCFA Board of Directors has not considered the proposed map nor authorized the
inclusion of High and Moderate Fire Severity Zones for Tustin in any FHSZ Map. This
should be part of any public review and outreach effort.
Mr. David Sapsis
March 2011 FHSZ Map
July 19, 2011
Page 4
Cal Fire approval of a Final FHSZ Map constitutes an unfunded state mandate that
requires the City of Tustin to conduct public outreach, provide public notification, prepare
ordinance amendments, administer and enforce regulations, etc. following adoption of
the map. It is therefore unenforceable without the provision of appropriate state funding
to the City of Tustin for implementation of these activities.
For these reasons, we again respectfully request that Cal Fire remove all portions of the City of
Tustin from the FHSZ Map prior to its final release. If you have questions or concerns regarding
this matter, please contact me at (714) 573-3031. Thank you for your assistance.
Sincerely,
Elizabeth A. Binsack
Director of Community Development
Attachment
cc: William A. Huston, Interim City Manager
Laura Blaul, OCFA
Brett Petroff, OCFA
Henry Huang, Building Official
Dana Ogdon, Assistant Director
fhzonesapsisfinalmap. doc
c MAP E DRAFT Fire Hazard Severity Zones 1ri LRA
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Attachment 6
August 2011 Cal Fire response
to E. Binsack.
~- ~ STATE OFCALIFORNIA-NATURAL RESOURCES AGENCY
Edmund G. Brown Jr., Governor
'' DEPARTMENT OF FORESTRY AND FIRE PROTECTION
' OFFICE OF THE STATE FIRE MARSHAL '""°t
P.O. Box 944246 4
SACRAMENTO, CA 94244-2460
(918) 445-8200
Website: www.flre.ca.gov `'
~~~~~~~~
au~ i s 20»
August 15, 2011 COMMUNITY DEVELOPMENT DEpT
Elizabeth A. Binsack
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92780
Dear Ms. Binsack:
Your letter to David Sapsis, Wildland Fire Scientist, dated July 19, 2011, in regards to the March
2011 Fire Hazard Severity Zone map was referred to me for response.
I would like to first clarify the process that CAL FIRE and the Orange County Fire Authority (OCFA)
are following with respect to updating the Fire Hazard Severity Zone (FHSZ) maps...
This effort began in conjunction with the adoption of Chapter 7A of Title 24, Part 2 of the 2007
California Building Cade. This chapter requires application of building standards that seek to
increase the ability of new structures to resist ignition from wildfire. These standards apply
throughout State Responsibility Areas (SRA) and in areas of Very High FHSZ which local
jurisdictions have adopted as required by Government Code Section 51179.
In conjunction with the new Chapter 7A, CAL FIRE under Government Code Section 51181- and
working with local fire agencies such as the OCFA -has revisited FHSZ in SRA and Very High
FHSZ in local jurisdictions across California. The City of Tustin is one such jurisdiction.
Given both the length of time since the last CAL FIRE review of FHSZ and the expanded scope of
requirements in Chapter 7A beyond roofing and vegetation management, CAL FIRE did not
consider previous actions to opt out of adoption of Fire Hazard Severity Zones as permitted under
previous legislation. Anew set of recommendations for Very High Fire Hazard Severity Zones has
been, or is being, prepared for every jurisdiction that has lands meeting these criteria. Jurisdictions
will then need to act on the recommendations as required by Government Cade Section 51179. It
is at this point that the local hearing process takes place, which includes provisions for public
comment.
Early in the process, OCFA requested that CAL FIRE also prepare maps for areas that are shown
as High and Moderate in the FHSZ modeling for all relevant local jurisdictions in Orange County.
There was never any intent that CAL FIRE submit these areas for adoption under Government
Code Section 51179. CAL FIRE has no such authority. However, CAL FIRE has a long
partnership with OCFA and seeks to support improved fire planning at the local level. The State
Fire Marshal agreed to accommodate this request as time and resources permitted.
CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN
PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS ANO INFORMATION, VISIT "FLEX YOUR POWER" AT VWWV.CA.GOV.
Elizabeth A. Binsack
August 15, 2011
Page 2
The Director will not send the Moderate and High FHSZ information; rather it will be conveyed as a
joint letter between the State Fire Marshal and the Orange County Fire Marshal. The goal is that it
can be reviewed, considered and used as deemed appropriate for local fire planning and mitigation
strategies. We can assure you that CAL FIRE appropriately considered or responded to all of the
requests from the City of Tustin staff. For the record, we have read and reviewed all of your
comments, as well as met with your staff and OCFA in person. As a result and based upon
appropriate justification, zone boundary adjustments were made.
It is true that much of the development in the City of Tustin is relatively recent and there has not
been a major fire in recent history. However, some of the fire hazard characteristics within the city
are consistent with the Very High specifications of the FHSZ model as used statewide, and is
evidenced by very similar lands in Orange County.
Specifically, although much of the area in East Tustin is urbanized, there is a continuous zone of
very high hazard wildland fuels that extends well into the city limits. This band of wildlands was
explicitly highlighted to city staff in the workshop meeting, and discussed within the context of how
the model works to designate Very High zones. Wildfire in this area, in conjunction with the broad
open space wildands in adjacent county lands to the east, can move into a portion of the urbanized
lands that are adjacent and nearby. While recent large wildfires have not entered into city lands,
there have been numerous recent fires affecting both the open space and built-out areas of eastern
Orange County. We believe that under specific conditions the potential for fire growth and ember
exposure into East Tustin are very real.
Regarding your concern over state-mandates associated with local action to adopt Very High
FHSZ, how this is characterized and pursued is a local decision. We welcome any further
comments on the draft final map for the City of Tustin. However,
map work by August 26, 2011 we would appreciate submission by o~befo~elthat d te. plete the
Sincerely,
DEAN CROMWELL
Chief, Planning and Risk Assessment
cc: William Huston, City of Tustin
Laura Blaul, OCFA
Brett Petroff, OCFA
Dale Hutchinson, CAL FIRE -Southern Region
John Hawkins, Riverside County Fire Department
Attachment 7
2011 Very High FHSZ Map from Cal Fire
for City of Tustin.
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Attachment 8
Model Ordinance Designating Very High FHSZ
within affected cities.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DESIGNATING VERY HIGH FIRE HAZARD
SEVERITY ZONES WITHIN THE CITY OF
WHEREAS, the Legislature has declared in Government Code Section 51175,
Subdivision (a): 1 }that fires are extremely costly, not only to property owners and residents, but
also to local agencies; 2) that fires pose a serious threat to the preservation of public peace,
health, and safety; 3) that it is necessary that cities, counties, special districts, state agencies, and
federal agencies work together to bring raging fires under control; and 4} that 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 fires is not a municipal affair, but is, instead, a matter of
statewide concern; and
WHEREAS, on July 31, 1995, pursuant to Government Code Section 51178, the Director
of Forestry and Fire Protection had previously identified areas within the County of Orange as a
Very High Fire Hazard Severity Zones; and were adopted by the City of by
Ordinance No. ;and
WHEREAS, pursuant to Government Code Section 51181, the Director of Forestry and
Fire Protection shall periodically review the areas in the state identified as Very High Fire
Hazard Severity zones; and as necessary make recommendations; and this review has been
completed; and
WHEREAS, the creation of this map relied upon the use of current scientific methods
which assessed, vegetation, slope, fire history, weather patterns and significantly improved
accuracy by establishing the impact of flames, heat, and flying fire embers; and
WHEREAS, pursuant to Government Code Section 51179 the Director of Forestry and
Fire Protection has published an new map depicting areas designated as a Very High Fire Hazard
Severity Zone, and has recommended that local agencies adopt these zones through local
ordinance; and Government Code Section 51179 Subdivision (a) requires the City of
to designate by ordinance Very High Fire Hazard Severity Zones in its jurisdiction
within 120 days after receiving the recommendations from the Director of Forestry and Fire
Protection; and
WHEREAS, the Orange County Fire Authority has reviewed the map and believes it
accurately represents the Very High Fire Hazard Severity Zones within the City.
NOW THEREFORE, THE CITY OF ORDAINS AS FOLLOWS:
Section 1. Repeal of Existing Very High Fire Hazard Severity Zone. / SFPA (DELETE
OR SELECT ONE) Ordinance
Ordinance No.
Page 2
Repeal Ordinance No. adopting previously designated Very High Fire Hazard
Severity Zone OR Special Fire Protection Area in its entirety.
Section 2. Designation of Replacement Very High Fire Hazard Severity
The City of designates those areas identified on Exhibit "A"
attached hereto as Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of
the California Government Code.
PASSED, APPROVED, AND ADOPTED this day of 2011.
(Name of Mayor)
Mayor
ATTF,ST~
(Name of City Clerk)
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF (Name of City) }
I, (name of City Clerk), Clerk of the City of (name of City), do hereby certify that the
foregoing Ordinance No. was duly introduced and place upon its first reading at a
regular meeting of the City Council of the City of (name of City) on the day of
2011, and that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council of the City of (name of City) held on the day of
2011, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
(Name of City Clerk)
City Clerk
Attachment 9
2011 Very High FHSZ Map from Cal Fire for
County of Orange.
VERY HIGH FIRE H
As
j v.xow ur wrw ~ nrwvw
__
D SEVERITY ZC~NFJS IN LRA
lded By CAL FIRE
-- - -- ~ -
j Flro Hazsrtl Seventy Zones
j nmsvr .wm.roihwe.~
'~ ~ VHFHSZ VHFHSZ
j Non-VHFHSZ Non-VHFHSZ
-~ E] Inmraentw umn
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Calibrnia Teals Albers. NAD 1983
8ple 1 100 ODC
at 30' • 30'
OcbDer 2011
i I `
Attachment 10
Neighborhood Map of areas affected by Very
High, High and Moderate FHSZ
Q Very High FHSZ
I •
• i
A, _~~; , .
b High FHSZ Area ~ ~ ~ _ E~~ •
\\ ,
~ ~~l ~!
Q Moderate FHSZ Area / ~~
~ ~ ,~~ ~
Residential Neighborhood j rv, r~
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.~ Salvat~n
t Regional Pioneer Arm
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t
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g-
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~~
' ~ j ~ Elementary
,,
/ \~-~~~ Cedar ,
~' ~ Grove /
M
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./
Middle
Tustin Ranch Road
Attachment 11
2011 High and Moderate FHSZ Map from Cal Fire
and OCFA for City of Tustin.
High and Moderate Fire Hazard Severity Zones
As Provided by CAL FIRE
Pln XevNMwrl9'rna~n. xpy„~„x mn.r
MM1n~W.n~.enrr~h
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+Mixnur i~wi~rw neaxni ~ rt.iNWnl Wmwwa~onry-pun mn enOVQUrxN mtnbnW O~
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-.. cryx..,rry PnWlon axon. NM IBE3 ~~ }nxrnmententlp
„,,,, sax is ix,oso
el ]B' ~ nx'
Attachment 12
2011 High and Moderate FHSZ map from Cal Fire
and OCFA for County of Orange.
High and Moderate Fire Hazard Severity Zones
As Provided by CAL FIRE
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