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Home My WebLink AboutSS4 - FIRE - VHFHSZ�gWPpRT = CITY OF NEWPORT BEACH Foa�' City Council Staff Report Agenda Item No. SS4 March 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Fire Department Scott Poster, Fire Chief 949 - 644 -3101, soosteranbfd.net PREPARED BY: Ron Gamble, Fire Marshal, Newport Beach Fire Department APPROVED: TITLE: Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach ABSTRACT: Presentation of the proposed revision to the CAL FIRE Very High Fire Hazard Severity Zone (VHFHSZ) map of local responsibility area for the City of Newport Beach (City). RECOMMENDATION: Offer direction to staff regarding proposed changes to the State's VHFHSZ Map. BACKGROUND: Over the years, it has become clear that the two most common ways that buildings are lost during wildland fires are from direct heat and flames, or from burning embers that can blow up to a mile ahead of the fire. This knowledge has led to a two- pronged approach in addressing the problem; (1) heat and flames must be kept away from buildings, and (2) the ability of embers to ignite buildings must be eliminated. Building structures with ignition- resistant construction that provide a defensible space through vegetation modification enables firefighters to safely protect homes in a way that diminishes direct flame contact and ember intrusion, which is the main causes of home loss during wildland -urban interface fires can be reduced or eliminated. Enactment of the provisions of Government Code Section 51175 - 51189 awaited the finalization of the Local Area Responsibility (LRA) maps for VHFHSZs from the California Department of Forestry and Fire Protection (CAL FIRE). On October 27, 2011, the City received the maps, and in accordance with Government Code Section 51178.5, the information was made available to the general public for review on November 19, 2011. Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 2 Additional information about the law. California law requires the Director CAL FIRE to identify areas based on the severity of fire hazard that is expected to prevail in these zones. Many factors were considered such as existing and potential fuel, blowing embers, terrain, fire history, urbanization, fire weather and areas prone to high winds (such as the Santa Ana winds we consistently experience). The City, may, at its discretion, exclude from the requirements of Government Code Section 51182 an area identified as a VHFHSZ by the Director of Forestry and Fire Protection within the jurisdiction of the City. Following a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are not necessary for effective fire protection within the area. This is what we are proposing to do with some areas that were included in the finalized CAL FIRE's VHFHSZ map. Following a review of our current local fire code amendments and field research, including aerial reconnaissance of the entire area originally included in the CAL FIRE's VHFHSZ map, the map has been revised to reflect the new Very High Fire Hazard areas in the City. What will adoption of the Zone require of landowners in the area? The key provisions of the law require landowners to comply with these additional fire safety regulations: U Building, reconstruction and additions within the VHFHSZ will require fire resistive construction design and materials as found in the California Building Code Chapter 7A, "Fire Resistive Construction." G Real estate transactions will require disclosure that the property is located in a VHFHSZ, and subject to Section 51182 of the Government Code. Landowners with structures that abut a wildland area in the VHFHSZ will be required to clear flammable vegetation within 30 feet of buildings and modify vegetation within 100 feet around buildings or to their property line (whichever is less) to create a defensible space for firefighters to safely protect their homes. Will the adoption of the Zone increase Insurance rates? CAL FIRE does not believe these maps will have any impact on insurance rates; the California Department of Insurance and CAL FIRE have established a partnership and joint commitment to protecting Californians from fire losses. A Memorandum of Understanding was signed by the Insurance Commissioner and the Director of CAL FIRE in October, 2007 to mutually promote awareness and collaboration among fire officials, the insurance industry, and the public to prevent and mitigate fire losses. Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 3 The attached Zone maps show several different effects: 1. It shows a GREEN area that the Fire Department believes should be classified as VHFHSZ under the State's definitions. 2. It shows a RED area where the Fire Department disagrees with CAL FIRE. The City believes it should not consider these areas as part of the VHFHSZ. 3. It shows YELLOW areas of Special Fire Protection Areas or Hazard Reduction Zones. If the YELLOW area is in the VHFHSZ, it will follow the new requirements of the Government Code. If the YELLOW area is not in the VHFHSZ, they will not have any new requirements. 4. It shows existing Fuel Modification Zones (FMZ), just as a reference. In many cases, these FMZ's allow the City to find that the State's (RED) zone designation is more than necessary. If the City Council is comfortable with this approach, the Fire Department will move forward with additional public outreach to explain the following: C The City will propose that only the GREEN areas be designated as VHFHSZ areas. If adopted as proposed, a typical homeowner or HOA will have to begin following the two key rules for VHFHSZ's — as they relate to; (a) new construction /Building Code Chapter 7A, and (b) real estate disclosure of the VHFHSZ designation. The homes that abut a wildland space will provide a 100 feet of defensible space with vegetation management. C The area in the RED zones, while they may remain on State maps, will not be designated locally as VHFHSZ area. At this time, these homes will not have any new requirements imposed by the City. G Which YELLOW zones will have new requirements in VHFHSZ and which YELLOW zones will remain subject to existing Fire Department regulations relating to fuel and hazard reduction. Following this additional outreach, the Fire Department will return to the Council in the near future with a proposal to adopt some variation of the State VHFHSZ maps. ENVIRONMENTAL REVIEW: Once an ordinance has been established, 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). Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 4 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, the ordinance, once adopted, is exempt from CEQA pursuant to CEQA Guidelines section 15304(1), which applies to fuel clearance activities within 100 feet 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). Fire Chief Attachment A: CAL FIRE VHFHSZ Map Attachment B: CAL Fire / Newport Beach Revised VHFHSZ Map Attachment C: Newport Beach VHFHSZ Map with Fuel Modification Zones (FMZ) and Special Fire Protection Areas (SFPA) Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 5 Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE 1 v J Attachment A: CAL FIRE VHFHSZ Map Attachment B: CAL Fire / Newport Beach revised VHFHSZ Map Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 6 Proposed Revision to the CAL FIRE Very High Fire Hazard Severity Zone Map for the City of Newport Beach March 13, 2012 Page 7 a 4WA 1 w C] Nor— IL 1 L : - 61 L' The Constant Threat 9� • a '� I -n a M f � �f~ � '•fin • �j.0 .�' �� V ,�. 44 t Li E'Iiliiorl clrlcl SlHHul S1❑ : a• L: 4 lym•1t1[9411►VfK•ITITt:lr•0 t[• Me' -A.� 1 *IS Ire II11:4.-iI Ire i:f:3b.lK• �a r t s a , � r e i jo 1� %*1 SITA 1 K:a 111.1:4 &4*%Ww 19 IVA I I MB 119: C) FIEUTIF Ember storms make it hard to see and escape t i- I � -I. ilti min I19r:J116116-11to re IIIs :R►Zol1IIIIs WORPOIN �� oI Ljetenslble 5nacf; r u :4■►li [oil I11E 40141011WAOI11: ,� --j A=TII_ •@- MFTiTir•T'i►l-, •••i: Fi— H Zones JFHSZ) Propose Resnen. .vclwft:Fw All ffiw-41 lmm IN SFPa Rz FIll M,Mlltlm Zl— (FMn oil 11M WISH I a I I I It: Juestia