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HomeMy WebLinkAbout19 - Proposed Ordinance Designating VHFHSZAgenda Item No. 19 July 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott L. Poster, Fire Chief 949 - 644 -3101, sposter .nbfd.net PREPARED BY: Kevin Kitch, Assistant Chief APPROVED: TITLE: Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach ABSTRACT: Presentation of the proposed Very High Fire Hazard Severity Zone ( "VHFHSZ ") map for the local responsibility area within the City of Newport Beach ( "City "). RECOMMENDATION: a) Introduce Ordinance No. 2012- 15 entitled, "AN ORDINANCE OF THE CITY OF NEWPORT BEACH DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF NEWPORT BEACH" (Attachment A); and pass to a second reading on July 24, 2012; and b) Find Ordinance No. 2012 -15 is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section 21080(b) (1) and CEQA Guidelines Section 15268(a) because the City's adoption of the ordinance is mandated by Government Code Section 51179(a). Further find the adoption of the proposed VHFHSZ map via Ordinance No. 2012 -15 does not cause significant public safety issues based upon the substantial evidence contained in the record and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The adoption of the ordinance is therefore ministerial. To the extent that provisions of Ordinance No. 2012 -15 are considered discretionary decisions due to the exclusion of certain areas from the map as submitted by the Director of the California Department of Forestry and Fire Protection ( "CAL FIRE "), the excluded areas will not be affected by the adopted VHFHSZ map or fuel management Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 2 activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, find Ordinance No. 2012 -15 is exempt from CEQA pursuant to CEQA Guidelines section 15304(i), which applies to fuel clearance activities within one hundred feet (100') of a structure. FUNDING REQUIRMENTS: There are no direct costs to the City associated with the adoption of this ordinance; however, there may be additional staff time associated with identifying properties requiring defensible space maintenance and possible enforcement, should the property owner not comply with the requirements. BACKGROUND: The California State Legislature has found and declared that: (1) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies; (2) wildfires pose a serious threat to the preservation of the public peace, health, or 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) preventive measures are needed to ensure the preservation of the public peace, health, and safety. (California Government Code Section 51175(a).) California Government Code Section 51178 requires CAL FIRE to identify the Very High Fire Hazard Severity Zones ( "VHFHSZ ") using consistent statewide criteria. CAL FIRE has completed this task and maps have been sent to local agencies throughout the state, such as Newport Beach, for adoption by the governing body as required by State law. The VHFHSZ are based on fuel loading, slope, fire weather, vegetation types, fire history, areas prone to high winds and other related factors. Guidance on the local adoption process is provided in Government Code Section 51179(b) that allows local agencies with the ability to exclude areas from the VHFHSZ identified by CAL FIRE. Specifically, an area identified as a VHFHSZ by CAL FIRE can be excluded by the local agency following a finding supported by substantial evidence in the record that the defensible space and other requirements of California Government Code Section 51182 are not necessary for effective fire protection within the area. Any modifications made by the City of Newport Beach to the recommendations of CAL FIRE are final and not rebuttable by the Director. (California Government Code Section 51179(d).) During a Study Session before the City Council on March 13, 2012, staff presented proposed changes to the VHFHSZ map identified within the City by CAL FIRE (Attachment B). Since that time, City staff has met with numerous community and Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 3 homeowner associations to provide an overview and increased awareness of the proposed VHFHSZ map (Attachment C). Both the CAL FIRE proposed VHFHSZ map and the City staffs recommendations have been available for review on the City website http://www.newportbeachca.gov/iiidex.aspx?paqe=2022, DISCUSSION: Following the devastating Oakland Hills Fire, the California Legislature enacted A.B. 337 (Stats. 1992, c. 1188, § 1), the Bates Bill, in an effort to reduce damage caused by wildfires. This legislation added Section 51175 — 51188 to the Government Code. In summary, it required property owners to maintain defensible space around buildings and disclose the natural fire hazard when there is a transfer of real property. In addition, it required CAL FIRE, in cooperation with local fire authorities, to identify areas of VHFHSZ in the Local Responsibility Areas (LRA) of Calfornia. The designation of VHFHSZ is a key component in the process of educating property owners and residents about the potential wildfire hazards that exist, and reducing the risks associated with wildfires. Once identified, CAL FIRE was to notify the local government agencies of the zones, who then had the option of: (1) adopting the model ordinance and VHFHSZ developed by CAL FIRE; (2) including or excluding areas from the identified zone(s); (3) indicating that they already meet or exceed the minimum fire prevention standards in the Bates Bill, or (4) some combination of (1) — (3). The stated legislative purpose of Government Code Section 51175 - 51189 is "to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will slow down the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken." (California Government Code Section 51176.) The requirements for increased fire mitigation measures are not new to the region. Prior to the Newport Coast area annexation into the City of Newport Beach, Special Fire Protection Areas (SPPA) were initially implemented on March 28, 1996 within designated portions of Orange County's LRA. It is well established that structural losses during wildfires are the result of two common influences, airborne burning embers and the direct effects of heat and flames. The provisions of Chapter 7A of the California Building Code (CBC) and Section R327 of the California Residential Building Code (RBC), both of which have already been adopted by the City, are intended to reduce the risk of wildfire to structures by reducing vegetative fuel loads in the area surrounding a structure and by hardening a structure to embers, heat and flames through the use of ignition - resistant building materials and Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 4 design. Those structures with ignition - resistant construction that also provide for defensible space enable firefighters to more safely protect homes during wildfires. As to property located within a VHFHSZ, the California Government Code requires: • Building, reconstruction and additions will require fire resistive construction design and materials identified in CBC Chapter 7A, "Fire Resistive Construction" and /or the RBC, Section R327, "Materials and Construction Methods for Exterior Wildfire Exposure" (California Government Code Sections 51182(a) and 51189), and • Real estate transactions will require disclosure that the property is located in a VHFHSZ (California Government Code Section 51183.5); and • Landowners with structures that abut a wildland area will be required to reduce flammable vegetation within thirty feet (30') of buildings and modify vegetation within 100 feet around buildings or to their property line (whichever is less) to create a defensible space. This may include removing trees that extend within ten feet (10') of the outlet of a chimney or stovepipe, maintaining trees, shrubs, or other plants adjacent to or overhanging from a building free of dead or dying wood, and maintaining the roof of a structure free of leaves, needles or other flammable vegetation. (California Government Code Section 51182(a).) As stated above, the City has the ability to exclude areas from CAL FIRE's identified VHFHSZ. This flexibility is due to the requirement in California Government Code Section 51178, which requires CAL FIRE to use statewide criteria to identify VHFHSZ throughout the state. Thus, on a state -wide scale, CAL FIRE's VHFHSZ map is consistent. However, on the local level, City staff believes that the data, evidence, and information available and pertinent to the City warrant adjustments to CAL FIRE's VHFHSZ map and these appropriate adjustments are supported by substantial evidence. In reaching this conclusion, the Newport Beach Fire Department focused on local, detailed, micro scale data, evidence and information that it considers to more accurately identify the VHFHSZ within the jurisdictional boundaries of the City. Using aerial reconnaissance of terrain and vegetation, existing SFPA, and fire modeling rules that reflect the topography, weather, and infrastructure of Newport Beach, the Fire Department has produced a VHFHSZ map specific to the City and which it contends more accurately identifies the VHFHSZ when compared to the State's map. Specifically, the Fire Department observed the following: Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 5 The higher elevation of the Newport Coast areas of Los Trancos, Muddy Canyon and Upper Buck Gully are steep and deep canyons with an average depth of more than one hundred fifty feet (150'). These canyons contain heavy, non - irrigated and unmaintained fuel loads consisting mainly of California native chaparral and a mix of native trees and tree form shrubs. Heavy, non - irrigated and unmaintained trees and tree form shrubs are considered to be a high fuel load for fires. In dry seasons, or under drought conditions, the non - irrigated trees and tree form shrubs become dry fuel that wildfires can feed off of. These canyons are also subject to strong, non - dissipated Santa Ana winds and have a low humidity. Additionally, these canyons have a history of wildfires as the majority of this area was burned in the 1993 Laguna Canyon fire. The combination of deep and steep canyons, high fuel loads, low humidity, dry fuel, stronger non - dissipated Santa Ana winds, and fire history makes these areas a very high fire hazard area with increased ember travel distance into the neighboring communities and warrants their inclusion within the VHFHSZ; and • The Coyote Canyon landfill consists mainly of flat grassland maintained by the County. Maintained grassland is a light fuel load. This light fuel load and predominately flat, level terrain decreases the fire hazard in that area and warrants its exclusion from the VHFHSZ; and • Lower Buck Gully and Morning Canyon are moderately sloped, shallow riparian areas with an average depth of thirty feet (30'). These areas experience constant water flow to the ocean. This water flow acts as irrigation within these areas and provides vegetation with high moisture levels year round which limits the spread of fire. The vegetation in these areas consists mainly of ornamentals, shrubs, and trees. This type of vegetation, when properly maintained and irrigated, is not considered to contribute to the spread of large scale wildfires. Further, these areas are subject to Newport Beach's Hazard Reduction Guidelines which require existing homes with vegetation abutting these special fire protection areas within one hundred feet (100') of a structure to maintain their properties by removing dead vegetation, trimming ladder fuels, providing a ten foot (10') clearance between trees and chimneys, locating firewood at a minimum of fifteen feet (15') from structures, and maintaining roofs and rain gutters tree from needles, leaves, and other combustible matter. In addition to following the requirements within the Hazard Reduction Guidelines, any new or reconstructed homes must also provide and maintain a fuel modification zone consistent with existing standards. Further, these areas experience relatively high humidity and dissipated Santa Ana winds. The combination of moderately sloped, shallow areas of relatively high humidity, dissipated Santa Ana winds, Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 6 irrigated vegetation, maintained fuel loads, and the application of the Hazard Reduction Guidelines and fuel modification zones decrease the likelihood of large scale wildfires, and represent a lower hazard for these areas and warrant exclusion from the VHFHSZ; and Pelican Hill golf course consists mainly of predominately irrigated grassland and maintained mixed vegetation. Irrigated grassland and maintained mixed vegetation is considered to be a light fuel load. Areas located in the lower elevation of Newport Coast are not subject to high fuel loads or severe Santa Ana winds. Therefore, these areas represent a lower hazard area and warrants exclusion from the VHFHSZ; and The lower elevation of the coastal area of Crystal Cove is bounded by the Pelican Hill Golf Course on the West, and Crystal Cove State Park on the East. This area consists of moderately sloped, shallow canyons and flat developed residential areas and is sheltered from the North East Santa Ana winds by the higher elevation of upper Crystal Cove. This area is also protected by the irrigated and maintained Pelican Hill Golf Course to the West, and the relatively shallow area of Muddy Canyon as it diminishes near the coast. This area does not contain the fuel load, wind speed, and terrain to support a large scale wildfire. Therefore, this area represents a lower hazard area and warrants exclusion from the VHFHSZ; and • Crystal Cove State Park's jurisdictional boundary alongside the coast west of the lower crystal cove development lay outside of the City's LRA. Therefore this area should be excluded from the map as the City does not have jurisdiction over it. The Newport Beach Fire Department has provided substantial evidence showing that the revised VHFHSZ map is required for effective fire protection. For those areas identified for exclusion from the VHFHSZ, Fire Department staff believes, based on their professional training and experience, that the requirements of California Government Code Section 51182 are not necessary for effective fire protection within those areas. The VHFHSZ map also accurately depicts the areas within Newport Beach where a large scale wildfire could occur, as evidenced by local knowledge, local fuel modeling, weather, fire history, topography, fuel load, and fuel management. The RED areas on the attached map (Attachment B) show the VHFHSZ submitted by the CAL FIRE which includes 7,038 parcels totaling 9.51 square miles of area. City staffs recommended area for local VHFHSZ designation is shown as the hatched portion of Attachment B which includes 2,744 parcels totaling 5.04 square miles of area. Proposed Ordinance Designating Very High Fire Hazard Severity Zone in the City of Newport Beach July 10, 2012 Page 7 The Fire Department believes that available information, data and evidence supports exclusion of the red non - hatched area from the VHFHSZ submitted by the CAL FIRE. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code section 21080(b) (1) and CEQA Guidelines section 15268(a) because the City's adoption of the ordinance is mandated by Government Code section 51179(a). Further, the adoption of the proposed VHFHSZ map does not cause significant public safety issues based upon the substantial evidence contained herein and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The City's adoption of the ordinance is therefore ministerial. To the extent that provisions of the ordinance are considered discretionary decisions of the City due to the exclusion of certain areas from the map as submitted by CAL FIRE, the excluded areas will not be affected by the proposed VHFHSZ map or fuel management activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, the ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15304(i), which applies to fuel clearance activities within one hundred feet (100') of a structure. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). � -1 744 Subm ed b Scott L. Poster Fire Chief Attachment A: Ordinance Attachment B: Proposed Very High Fire Hazard Severity Zone Map Attachment C: Community Outreach. Group Meetings and Notifications ORDINANCE NO. 2012 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, ADDING SECTION 9.04.140 TO THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE VERY HIGH FIRE HAZARD SEVERITY ZONE MAP The City Council of the City of Newport Beach finds as follows: WHEREAS, the legislature has declared in Government Code Section 51175, Subdivision (a)that: (1) wildfires are extremely costly, not only to property owners and residents, but also to local agencies; (2) wildfires 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) that preventative measures are needed to ensure the preservation of the public peace, health, or safety; and WHEREAS, the Legislature has declared in Government Code Section 51175, Subdivision (b), that the prevention of wildland fires is not a municipal affair, but is, instead, a matter of statewide concern; and WHEREAS, pursuant to Government Code Section 51178, the California Director of Forestry and Fire Protection ( "CALFIRE ") has identified areas within the City of Newport Beach as Very High Fire Hazard Severity Zones ( "VHFHSZ "); and WHEREAS, Government Code Section 51179 subdivision (b) allows local agencies to exclude an area identified as a very high fire hazard severity zone by CAL FIRE following a finding supported by substantial evidence in the record; 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 embers; and WHEREAS, pursuant to Government Code Section 51179 the City of Newport Beach has published a new map depicting areas designated as a VHFHSZ; and Government Code Section 51179 requires the City of Newport Beach to designate by ordinance VHFHSZ in its jurisdictional area after receiving the recommendation from CAL FIRE; and WHEREAS, the Newport Beach Fire Department staff has reviewed CAL FIRE's map, and has made recommendations based upon their professional training and experience that the proposed local responsibility area map attached hereto accurately represents the VHFHSZ within the City; and ATTACHMENT A WHEREAS, there is substantial evidence in the record, Including, but not limited to, all the information presented to this Council during a Study Session presentation on March 13, 2012 and the Staff Report presented on July 10, 2012, together with all other written, oral and visual communications, that supports the exclusion of certain areas from VHFHSZ as the requirements of Government Code section 51182 are not necessary in those certain areas for effective fire protection. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 9.04,140 of the City of Newport Beach Municipal Code is hereby added to read in its entirety as follows: 9.04.140 Very High Fire Hazard Severity Zone_ The City of Newport Beach designates those areas identified in green on the map attached hereto and on file with the City Clerk as the Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of the California Government Code. SECTION 2: Pursuant to Government Code section 51179(b), the City Council finds that there is substantial evidence in the record that supports the exclusion of certain areas from VHFHSZ as the requirements of Government Code section 51182 are not necessary in those certain areas for effective fire protection. SECTION 3: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code section 21080(b) (1) and CEQA Guidelines section 15268(a) because the adoption of the ordinance is mandated by Government Code section 51179(a). Further, the adoption of the VHFHSZ map does not cause significant public safety issues based upon the substantial evidence contained in the record and the activities required of a person who owns, leases, controls, operates, or maintains a dwelling or structure in an area designated to be within a VHFHSZ are mandated by Government Code Section 51182 and not subject to the discretion of the City. The adoption of this ordinance is therefore ministerial. To the extent that provisions of this ordinance are considered discretionary decisions of the City due to the exclusion of certain areas from the map as submitted by CA!_ FIRE, the excluded areas will not be affected by the VHFHSZ map or fuel management activities directly resulting there from, and therefore, there will be no impact to the environment in these excluded areas. Furthermore, this ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15304(i), which applies to fuel clearance activities within 100 feet of a structure. SECTION 4: If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstances, be declared invalid or unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2012, and adopted on the day of , 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR ATTEST: LEILANI BROWN, CITY CLERK vwff'Tey�i OHIO] , CITY ATTORNEY C^ Newpot Bew 'Very High Fire Hazard Severity Zone 0 025 OS x. C^ Newpot Bew 'Very High Fire Hazard Severity Zone 0 025 OS 1 A I 1 ` 1 I 7 I Very High Fire Hazard Severity Zones (VHFHSZI CALFIRE- Designated I _j NBFD - Revised Zone i _ f _- !. —� o ozs os ulles ATTACHMENT B Community Outreach Meetings and Notifications Proposed VHFHSZ Map March 13, 2012 City of Newport Beach Council Chambers Study Session March 28, 2012 Oasis Senior Center April 2, 2012 Newport Coast Community Center April 18, 2012 Corona del Mar Town Hall Meeting May 9, 2012 Newport Beach Yacht Club (Speak Up Newport) May 23, 2012 Cameo Shores Community Annual Board Meeting May 24, 2012 Crystal Cove HOA Board Meeting ATTACHMENT C Jul 10 2012 3:38PM Hawkins Law Offices (949) 650 -1181 P.1 R EIVED Law Offices of Robert C. Dawkins 110 Newport Center Drive, Suite 200 Newport Beach, California 92660 (949) 650 -5550 Fax: (949) 650-1181 7.017 JUL 10 P1 4: 2 u 'A /.. �C "RECEIVED AFTER AGENDA FA3K COV ER SHEP Ioi" TRANSNU YIEDTO: NAME Leilani Browc From: Client/Matter: Date: Documents: Pages: COMMENTS: Clerk (949) 644 -3039 Robert C. Hawkins Firm July 10, 2012 Comments on Agenda Items Nos. 15 and 19 4" Original will follow as indicated. PHONE NUMBER The information contained in this facsimile message is information protected by attorney- client and/or the atiorney/work product privilege. it is intended only for the use of the individual named above and the privileges are not walved by virtue of this having been sent byfacsimile. If the person actually receiving thisfacslmile or any other reader ofthefacsimile is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictlyprohibited. Ifyou have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service. * NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (949) 650-5550. Jul 10 2012 3:38PM Hawkins Law Offices (9491 650 -1181 p.2 LAW OFFICES OF ROBERT C. HAWKINS July 10, 2012 Via Facsimile Nancy Gardner, Mayor Members of the City Council City of Newport Beach 3300 Newport Blvd, Newport Beach, California 92663 f:Rlli Dear Honorable Mayor and Members of the City Council: Thank you for the opportunity to comment to comment on the captioned matter. This firm represents Friends of Dolores and others in the City in connection with the captioned matter. We welcome the Fire Department's revisions to the captioned Very High Fire Hazard Severity Zone Map (the "Map "), but have concerns about the administrative record for and the environmental determination on the Map. The Staff Report for the captioned matter recommends that the Project is exempt from review for several reasons: The Ordinance for the Map is mandated by Government Code sections 51175 et seq. The City's revised Map which excludes certain areas recommended by the State due not cause public safety hazards based upon substantial evidence that the revised Map provides the same protections as the State's recommended map and that the State Map is mandated by Sections 51174 et seq. 3. The Ordinance is ministerial because it is mandated. 4. To the extent that the Ordinance involves discretion, the City is excluding certain areas so that there is no change in circumstance for those excluded areas. The Ordinance is exempt under Guidelines sections 15304(1). All of these are problematic. The first three are incorrect, because the fourth option admits that the City is exercising discretion in its revised Map. And, let's face it, the Ordinance is discretionary: the City is excluding certain areas from the State Map based upon its own analysis of the safety factors involved. 110 Newport Center Drive, Suite 200 Newport Beacb, California 92660 (949) 6505550 Fax: (949) 650, 1181 Jul 10 2012 3:38PM Hawkins Law Offices 1949) 650 -1181 P.3 The Hon. Mayor Gardner Members of the City Council .2 - July 10, 2012 To suggest that this is not a change in circumstance is too clever by half. It ignores the requirements of Government Code section Government Code section 51179(b). Section 51179(b) allows the City to exclude certain areas with a finding supported by substantial evidence that the requirements of Government Code section 51182 are not necessary for effective fire protection for the area. The City's findings of substantial evidence that the protections are not needed ignores the fact that the State recommended that such protections were needed. A change to that reconnnendation is a change in how excluded areas are regulated. That change in regulations requires environmental analysis and review. We urge you to require the Department to propose the appropriate findings, after adequate environmental review and adequate notice and public hearings, Thank you for the opportunity to comment on the captioned matter. Please provide me with notices regarding the captioned Project. We will provide further and additional comments on the captioned matter in a timely manner. Of course, should you have any questions, please do not hesitate to contact me. RC14/kw cc: Lei] ani Brown, City Clerk Sincerely, C. HAWIGNS 110 Newport Center Drive, Suite 200 Newport Beach, California 92660 (949) 650.5550 Fax (949).650.1181