Loading...
HomeMy WebLinkAboutPOWERPOINT -FIRE HAZARD ZONE MAPS0 zo» Fire Hazard Severity Zone Maps Community Development Department December 6, 2011 ~o~~ FHSZ Maps 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 (FHSZ) in the City of Tustin. 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. a~ 0 High and Moderate FHSZ l/;h ,md ~ta~:vrnh fire H.,raN .L~rrity Zcn+c~s ~s~. Areas Affected by FHSZ Maps ° ~"""""~ ° ~F"uw_ High and Ver Hi h Y g ° ~'~^ar~ ,~ Moderate ~,,,,"„„,„„m•„,„ ; ~; _ . o FHSZ ; ~, ~. ~ nn>o„ .~.,.:~~~ o..~ ., , FHSZ • Includes 53o private Includes i,oo3 private residential _ _ h~~ ~ residential properties, properties, the ;b°,:~ ~~~ „~ aJehovah Witness Salvation Army church, Peters Canyon Headquarters, Pioneer Road Park `-s'""'°""" .ml `;- Elementary School, , and Peters Canyon ~ Peters Canyon Child Development Center, Regional Park . Pioneer Middle School • ~ ' OCFA Station #49 and ~ ~°~•• ..~ ; Cedar Grove Park. Concerns 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. Concerns (Cont.) OCFA required CC&Rs for many East Tustin communities to: ~) prohibit private property owners from constructing flammable structures within the rear zo feet of their property adjacent to a slope; z) require homeowner associations to actively manage and maintain natural vegetation on common area slopes within ioo-~5o feet of residential property lines (OCFA actively inspects these slopes to ensure conformance). Concerns (Cont.) Very High, High or Moderate FHSZ maps could be used by insurance companies to identify properties potentially at risk, negatively affecting homeowner insurance rates and residential re-sale values. Properties in the vicinity of but outside a FHSZ area could also be negatively affected with potential insurance cost increases and negative re-sale impacts. .~ Concerns (Cont.) If the Map is adopted, Government Code Section 5ii82 states that an owner/lessee of a dwelling within an area designated as being within a Very High FHSZ shall: Maintain a defensible space of 10o feet from each side and from the front and rear of the structure, but not beyond the property line wherein; Perform fuel (vegetation) modification so that a wildfire burning under average weather conditions would be unlikely to ignite the structure (single specimen trees or well-pruned and maintained vegetation is exempt); • An insurance company that insures the dwelling or structured may require a greater distance, but not beyond the property line. Concerns (Cont.) ® Government Code Section 5~~83.5 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 ado_~ted by the City of Tustin, it is part of the public record. 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. Concerns (Cont.) Any property located within a Very High FHSZ is required to comply with California Building and Fire Codes requiring all new buildings (including reconstruction of destroyed buildings, or proposed additions/remodel of existing buildings) 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 Building and Fire Code revision could someday be adopted by the State that would require properties mapped within all three Fire Hazard Severity Zane areas (Very High, High and Moderate FHSZ) to comply with these requirements. Concerns (Cont.) 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 requirements of the map. If the Very High FHSZ Map is officially adopted, Government Code Section 653oz.5(a)(~) requires ~IL~raft updates of the Safety Element of the Tustin Gen~r~l PI_~r~to be forwarded to Cal Fire and OCFA at least go days prior 4 ad~~tQn. The State and OCFA may make recommendations for changes to the draft Safety Element regarding ~) uses of land and land use policies in Very High fire hazard severity zones; and z) methods and strategies to reduce risk of wildland tire. If the City determines not to accept the recommendations, itmust provide written correspondence as to its reasons for rejecting that input. This requirement potentially reduces local land use control. e' What's Next? Gov. Code Section 5~~78.5 -Within 3o days a fter receiving the Very High FHSZ map from Cal Fire, the City o f Tustin shall make the in formation 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 z~, X017. ® Gov. Code Section 5~~79 - A local agency shall designate by ordinance (model ordinance provided by Cal Fire), very high fire hazard severity zones in its jurisdiction within ~~o days o f receiving recommendations from Cal Fire. City Attorney Review • The Very High FHSZ map and model ordinance has been determined to bean unfunded mandate, and the matter remains unfunded in this year's State budget. As a result, there s_no enforceable statutory mandate requiring the .ordinance and Very High FHSZ map to be adopted at this trine, r . Recommendation That the Tustin City Council: Direct the City Manager to forward correspondence to Cal Fire (Attachment ~) 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 for the costs associated with increased levels of service associated with the program. Receive and file CAL FIRE and OCFA's recommen- dationsfor High and Moderate Fire Hazard Severity Zones in the City of Tustin.