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Home My WebLink About06 - Very High Fire Hazard Severity Zone (VHFHSZ)�Ewa °RT CITY OF NEWPORT BEAC City Council Staff Report H Agenda Item No. 6 July 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott Poster, Fire Chief 949 - 644 -3101, sposter(a)nbfd.net PREPARED BY: Kevin Kitch, Assistant Chief APPROVED: , A k-/W TITLE: Second Reading — Ordinance 2012 -15 Designating Very High Fire Hazard Severity Zone for the City of Newport Beach ABSTRACT: On July 10, 2012 Ordinance No. 2012 -15 was introduced and approved by Council designating Very High Fire Hazard Severity Zones ( "VHFHSZ) within the City of Newport Beach. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2012 -15 designating VHFHSZ within the City of Newport Beach. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meets at which the City Council considers the item). Scott L. P Fire Chief Attachment: Ordinance 2012 -15 with attachments 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 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 CAL 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 1p 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 , CITY ATTORNEY s A 1, 4� ....... L N Ody of New d Epac Very High Fire Hazard Severity Zone CLS miles ATTACHMENT A T I�h Ody of New d Epac Very High Fire Hazard Severity Zone CLS miles ATTACHMENT A CO HEN, N, � ,`/ \\J rid s � \ \. \1 �� \ \ \' "\ \ A�V A \�v �` Very High Fire Hazard Severity Zones IVHFHSZ) CALFIRE- Designated `N ® NBFD- Revised Zone 0.25 o.s .a.mar 'ice/ Mlles 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 SCOTT L. POSTER FIRE CHIEF July 26, 2012 NEWPORT IB I '1 I I I' I D I I" •1 Pi I 1 I N P.O. Box 1768, 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915 PHONE: (949) 644 -3104 FAX: (949) 644 -3120 WEB: WWW.NBFD.NET Tom Daly, Clerk- Recorder County of Clerk- Recorder's Office 12 Civic Center Plaza Santa Ana, CA 92701 RE: ORDINANCE 2012 -15 —DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE ( "VHFHSZ ") FOR THE CITY OF NEWPORT BEACH Dear Mr. Daly: Pursuant to Government Code Section 51179(g), a local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the California Director of Forestry and Fire Protection (CAL FIRE) Director. If the agency amends the map, the notice shall instead identify the location of the amended map. Therefore, the City is formally notifying your agency that on July 24, 2012, the City of Newport Beach City Council adopted Ordinance No. 2012 -15 designating VHFHSZ map within the City in accordance with Government Code Section 51178. The City has amended the map received from the CAL FIRE and designates the City of Newport Beach, City Clerk's Office, located at 3300 Newport Blvd, Newport Beach, CA, 92658, as the official location of the adopted map. The effective date of the VHFHSZ map implementation is August 23, 2012. Should you have any further questions, please do not hesitate to contact our office at (949) 644- 3106. Sincerely, Kevin Kitch Assistant Chief KK:da cc: Scott L. Poster, Fire Chief Leilani Brown, City Clerk Kim Brandt, Director, Community Development Department Aaron C. Harp, City Attorney r.- u 1 m v RE: ORDINANCE 2012 -15 —DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE ( "VHFHSZ ") FOR THE CITY OF NEWPORT BEACH Dear Mr. Daly: Pursuant to Government Code Section 51179(g), a local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the California Director of Forestry and Fire Protection (CAL FIRE) Director. If the agency amends the map, the notice shall instead identify the location of the amended map. Therefore, the City is formally notifying your agency that on July 24, 2012, the City of Newport Beach City Council adopted Ordinance No. 2012 -15 designating VHFHSZ map within the City in accordance with Government Code Section 51178. The City has amended the map received from the CAL FIRE and designates the City of Newport Beach, City Clerk's Office, located at 3300 Newport Blvd, Newport Beach, CA, 92658, as the official location of the adopted map. The effective date of the VHFHSZ map implementation is August 23, 2012. Should you have any further questions, please do not hesitate to contact our office at (949) 644- 3106. Sincerely, Kevin Kitch Assistant Chief KK:da cc: Scott L. Poster, Fire Chief Leilani Brown, City Clerk Kim Brandt, Director, Community Development Department Aaron C. Harp, City Attorney SCOTT L. POSTER FIRE CHIEF July 26, 2012 NEWPORT T BEAC -II FHRE DEPARTMENT P.O. Box 1768, 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915 PHONE: (949) 644 -3104 FAX: (949) 644 -3120 WEB: WWW.NBFD.NET �A'f Oj Webster J. Guillory, Assessor County of Orange Assessor's Office 625 N. Ross Street Civic Center Plaza - Bldg 11 — Rm 142 Santa Ana, CA 92701 RE: ORDINANCE 2012-15— DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE ( "VHFHSZ ") FOR THE CITY OF NEWPORT BEACH Dear Mr. Guillory: Pursuant to Government Code Section 51179(g), a local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the California Director of Forestry and Fire Protection (CAL FIRE) Director. If the agency amends the map, the notice shall instead identify the location of the amended map. Therefore, the City is formally notifying your agency that on July 24, 2012, the City of Newport Beach City Council adopted Ordinance No. 2012 -15 designating VHFHSZ map within the City in accordance with Government Code Section 51178 and hereby request that you post this notice at your office within a public area. The City has amended the map received from CAL FIRE and designates the City of Newport Beach, City Clerk's Office, located at 3300 Newport Blvd, Newport Beach, CA, 92658, as the official location of the adopted map for Newport Beach. The effective date of the VHFHSZ map implementation is August 23, 2012. Should you have any further questions, please do not hesitate to contact our office at (949) 644- 3106. Sincerely, Kevin Kitch Assistant Chief KK:da cc: Scott L. Poster, Fire Chief Leilani Brown, City Clerk Kim Brandt, Director, Community Development Department Aaron C. Harp, City Attorney SCOTT L. POSTER FIRE CHIEF NEWPORT BEACHF#REDEPARTMENT P.O. BOX 1768, 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 -8915 PHONE: (949) 644 -3104 FAX: (949) 644 -3120 WEB: WWW.NBFD.NET July 26, 2012 N a r � m Mike Balsamo, Manager Wo m Orange County Community Development r ,cam i 300 N. Flower Street Santa Ana, CA 92701 s C=) C RE: ORDINANCE 2012 -15 —DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE ( "VHFHSZ ") FOR THE CITY OF NEWPORT BEACH Dear Mr. Balsamo: Pursuant to Government Code Section 51179(g), a local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the California Director of Forestry and Fire Protection (CAL FIRE) Director. If the agency amends the map, the notice shall instead identify the location of the amended map. Therefore, the City is formally notifying your agency that on July 24, 2012, the City of Newport Beach City Council adopted Ordinance No. 2012 -15 designating VHFHSZ map within the City in accordance with Government Code Section 51178. The City has amended the map received from the CAL FIRE and designates the City of Newport Beach, City Clerk's Office, located at 3300 Newport Blvd, Newport Beach, CA, 92658, as the official location of the adopted map. The effective date of the VHFHSZ map implementation is August 23, 2012. Should you have any further questions, please do not hesitate to contact our office at (949) 644- 3106. Sincerely, Kevin Kitch Assistant Chief KK:da cc: Scott L. Poster, Fire Chief Leilani Brown, City Clerk Kim Brandt, Director, Community Development Department Aaron C. Harp, City Attorney