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CITY OF SAN BJ;;RNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Ordinance of the City of San Bernardino amending
Chapter 15 of the San Bernardino Municipal Code
adding Section 15.10.030 to designate Very High Fire
Hazard Severity Zones as recommended by the
Director of the California Department of Forestry and
Fire Protection within the City of San Bernardino as
depicted on a map titled City of San Bernardino Very
High Fire Hazard Severity Zones dated October 29,
2008, and retained on file at the office of the City
Clerk, 300 N. D Street, San Bernardino, California.
Dept:
Fire
Date:
May 18, 2009
MC/C Meeting Date:
June 15,2009
Synopsis of Previous Council Action:
04/21/09
Recommended for approval by the Legislative Review Committee.
RECOMMENDATION:
That said ordinance be laid over for final adopted.
~.~
Signature 'I
Contact Person: Michael J. Conrad. Fire Chief
Pbone: (909) 384-5286
Supporting data attached: Staff Report and Ordinance
Ward: Citywide
FUNDING REQUIREMENTS:
Amount: $
Source: (Acct No.)
(Description)
Finance:
Council Notes: J:{~~'>l!J ~,It.s;/~ qf-3S"
OM. ;ttC!-/~09
Agenda Item No. ~ i
7-&:.-09'
STAFF REPORT
SUBJECT:
Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino
Municipal Code adding Section 15.10.030 to designate Very High Fire Hazard Severity
Zones as recommended by the Director of the California Department of Forestry and Fire
Protection within the City of San Bernardino as depicted on a map titled City of San
Bernardino Very High Fire Hazard Severity Zones dated October 29,2008, and retained
on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California.
BACKGROUND:
As required by Public Resources Code Sections 4201 - 4204 and Government Code
Sections 51175 - 51189 California Department of Forestry and Fire Protection (CAL
FIRE) conducted a review and update of fire hazard severity zone maps. The purpose of
Government Code Sections 51175 - 51189 is to classify lands in accordance with
whether a very high fire hazard severity is present so that public officials are able to
identify measures that will mitigate 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. These maps were last updated in the mid- 1980s and early
1990s. The current update incorporated improved fire science, data and mapping
techniques. CAL FIRE is required by law to map areas of significant fire hazards based
on fuels, terrain, weather, crown fire potential, ember production and movement, and
likelihood of fire. Government Code Sections 51178.5 and 51179 define the local
agency's responsibilities to make the recommendation available for public review and to
designate, by ordinance, Very High Fire Hazard Severity Zones (VHFHSZ) in its
jurisdiction.
Fire Hazard Severity Zone maps evaluate "hazard," not "risk'. They are like flood zone
maps. "Hazard" is based on physical conditions that create a likelihood that an area will
bum over a 30 - 50 year period without considering modifications such as fuel reduction
efforts. "Risk" is the potential damage a fire can do to the area under existing conditions,
including any modifications such as defensible space, irrigation and sprinklers, and
ignition resistant construction.
The VHFHSZ maps define where to implement ignition resistant building standards,
maintain defensible space, and disclose natural hazards at the time of sale. With a few
exceptions the Foothill Fire Zone map, currently adopted by the city, closely resembles
the boundaries of the VHFHSZ map. The city adopted strict building standards in these
areas in 1996 and then revised the Foothill Fire Zone Building Standards in January 2004
as a result of the Old Waterman Canyon Fire. Specific ignition resistant codes apply
equally to all VHFHSZ in state responsibility areas and in local responsibility areas. At
the present time these standards are applicable to the design and construction of new
buildings only located in the VHFHSZ.
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Staff has asked the state for information regarding the potential impacts of VHFHSZ
maps on fire insurance rates. The state did not respond specifically to our request for
clarification in writing; however, a CAL FIRE (2007) informational bulletin contains the
following information related to the insurance rate issue:
"Insurance rates are determined by a variety of factors, including Fire Risk. Fire Risk is
different from Fire Hazard. Fire Hazard is the focus of the FHSZ maps. Ultimately, it is
impossible to state that insurers will ignore the limitations of the focus of the FHSZ
maps. However, to respond to such issues, 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, October 2007 to mutually
promote awareness and collaboration among fire officials, the insurance industry, and the
public to prevent and mitigate fire losses."
After the fire siege of 2003, we became aware that Allstate Insurance was not renewing
homeowner's insurance policies in the state of California. Other insurers have not
followed Allstate's example by leaving the state. Additionally, fire is not aware that
homeowners in the city of San Bernardino experienced a rate increase, even though
hundreds of homes were damaged or lost within the city limits in 2003. A representative
of the CAL FIRE mapping project stated that he was not aware of a wholesale rate
increase after the 2003 fires.
There is no provision in the Government Code for a local agency to reduce the area
recommended for designation as a VHFHSZ. Pursuant to the requirements of State Law it
is recommended that the ordinance be adopted.
FINANCIAL IMPACT:
There is no financial impact to the City of San Bernardino.
RECOMMENDATION:
That said ordinance be laid over for final adopted.
2
Department of Forestry & Fire Protection
Office of the State Fire Marshal
WILDLAND-URBAN INTERFACE
BUILDING STANDARDS
INFORMATION BULLETIN
October 1, 2007
LOCAL AGENCY ADOPTION OF
VERY HIGH FIRE HAZARD SEVERITY ZONES
The purpose of this Information Bulletin is to provide clarification regarding the adoption of the Very High
Fire Hazard Severity Zones in those areas where local government has responsibility for wildland fire
protection (Local Responsibility Area or LRA).
Califomia Department of Forestry and Fire Protection (CAL FIRE), is conducting a review and update of
fire hazard severity zones pursuant to Public Resources Code Sections 4201 - 4204 and Government
Code Sections 51175 - 51189. CAL FIRE has completed the initial public hearings for the adoption of
Fire Hazard Severity Zones (FHSZ) for those areas of California where the state has fiscal responsibility
for wildland fire protection, known as State Responsibility Areas (SRA). CAL FIRE's intent is to complete
the SRA FHSZ adoption by December, 2007. CAL FIRE is also preparing recommendations for Very
High Fire Hazard Severity Zones (VHFHSZ) in those areas where local govemment has the responsibility
for wildland fire protection (LRA) and to transmit those recommendations to local agencies in early 2008.
Basic authorities and responsibilities for the LRA VHFHSZ are found in Government Code Sections
51175 - 51189. The purpose of this Government Code chapter is to "classify lands in accordance with
whether a very high fire hazard severity is present so that public officials are able to identify measures
that will retard 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".
The Govemment Code Section 51176 and 51181 defines the CAL FIRE Director's responsibility to
identify very high fire hazard severity zones, transmit this information to local agencies, and to periodically
review the recommendations. ;GoveRllBeRt.cooeSeclions5117\!k5'8nd511.79 defineJhe local agency's
responsibilities to make the recommendation available for public review and to designate, by ordinance,
very high fire haZard severity zones in its jurisdiction.
Specific questions have been raised conceming the GC Section 51179 (a) language that "A local agency
shall designate, by ordinance, very high fire hazard severity zones ...". Several local agencies have
asked if the CAL FIRE Director's recommendation can be modified by the local agency. The Legislature
did not include language giving the local agency the authority to decrease the Director's recommendation.
However, GC Section 51179 (c) does give the local agency authority to "include areas within the
jurisdiction of the local agency not identified as very high fire hazard severity zones by the Director..." and
Section 51179 (d) restricted the authority of the Director to rebut the local agency decision. Local
agencies can use this authority to adopt high and/or moderate fire hazard severity areas or other wildland
urban interface areas within the local jurisdiction. CAL FIRE mapped fire haZards for all lands in
Califomia to maintain a consistent science based model. The information on high and moderate fire
hazard severity in LRA is available to local agenCies as part of the draft data. Local agencies may
request that this additional information be included as part of the Director's final recommendation.
CAL FI RE is taking additional steps to ensure that the very high fire hazard severity zones are as
accurate as possible. Draft copies of the proposed VH FHSZ have been under field review and validation
since January, 2007. Updated draft LRA maps are available at http://www.fire.ca.govlwildland.php.
These updated draft LRA maps reflect the comments received and updates made during the SRA FHSZ
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publiC hearings as some of the changes made to the SRA impact LRA zones. CAL FIRE unit level staffs
are available to assist local agencies in the review of the draft recommendations.
CAL FIRE is also developing CCR Title 14 regulations to clarify an update and maintenance process for
the fire hazard maps, both in the SRA and in the LRA. CAL FIRE is including a model ordinance as a
component of a proposed Title 14 regulation. It is anticipated that this regulation will include update
"triggers" that can be initiated by local agencies or by CAL FIRE. Such triggers may be based on
changes in land use of significant size to influence fire hazard, improvements in hazard mapping data or
associated fire science, changes in land ownership (specifically conversions of federal land to private
ownership), or other significant factors.
The VHFHSZ maps define where to implement ignition resistant building standards, maintain defensible
space, and disclose natural hazard at the time of sale. Health and Safety Code 13108.5 (c) and GC
51179 (b) provide insight on flexibility local agencies have to exclude the fire protection building standards
and defensible space requirements once VHFHSZs are adopted. While these sections of law do not
provide exemptions for adopting the maps, they may provide authority to exclude fire protection
requirements otherwise triggered by the map designations.
Questions and information regarding this Information Bulletin should be directed to the local Unit Chief.
Please visit the CAL FIRE web site at www.fire.ca.aovforcontact information.
2
1
ORDINANCE NO.
(C 0 ~gt:~'
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 OF THE
SAN BERNARDINO MUNICIPAL CODE ADDING SECTION 15.10.030 TO DESIGNATE
3 VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE
DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
4 PROTECTION WITHIN THE CITY OF SAN BERNARDINO AS DEPICTED ON A MAP
TITLED CITY OF SAN BERNARDINO VERY HIGH FIRE HAZARD SEVERITY ZONES
5 DATED OCTOBER 29, 2008, AND RETAINED ON FILE AT THE OFFICE OF THE CITY
CLERK, 300 N. D STREET, SAN BERNARDINO, CALIFORNIA.
6
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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9 Section 1. San Bernardino Municipal Code Chapter 15 is hereby amended to
10 include the following section:
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12 "15.10.030 Very High Fire Hazard Severity Zones.
13 Very High Fire Hazard Severity Zones are hereby designated in the City of
14 San Bernardino as recommended by the Director of the California Department of Forestry
15 and Fire Protection within the City of San Bernardino as depicted on a map titled City of San
16 Bernardino Very High Fire Hazard Severity Zones dated October 29,2008, on file at the
17 office of the City Clerk, 300 N. D Street, San Bernardino, California."
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15 OFTHE
SAN BERNARDINO MUNICIPAL CODE ADDING SECTION 15.10.030 TO DESIGNATE
2 VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE
DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
3 PROTECTION WITHIN THE CITY OF SAN BERNARDINO AS DEPICTED ON A MAP
TITLED CITY OF SAN BERNARDINO VERY HIGH FIRE HAZARD SEVERITY ZONES
4 DATED OCTOBER 29, 2008, AND RET AINED ON FILE AT THE OFFICE OF THE CITY
CLERK, 300 N. D STREET, SAN BERNARDINO, CALIFORNIA.
5
6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
7 Conunon Council of the City of San Bernardino at a
meeting thereof, held on the _
8 day of
9 COUNCIL MEMBERS:
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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18
Rachel Clark, City Clerk
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20
The foregoing Ordinance is hereby approved this _ day of
,2009.
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN, City Attorney
By:
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