CITY COUNCIL: Ordinance Amending CMC Section 16.08.010 to Adopt High Fire Hazard Severity Zone Map

Meeting Date: 3 February 2009
Prepared by: Sean Conroy, Planning & Building Svc. Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179 (First reading).

Description: The State recently adopted amendments of Chapter 7A of the California Building Code, addressing materials and construction methods in Very High Fire Hazard Severity Zones. The new code, which took effect July 1, 2008, requires all roofing and exterior walls for new buildings to be constructed of noncombustible materials. This requirement does not apply to remodels and/or additions -- only new buildings.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance.

Important Considerations: The purpose of the map is to identify properties that must comply with Chapter 7A of the California Building Code. This chapter establishes minimum standards for materials and material assemblies and provides a reasonable level of exterior wildfire exposure protection for buildings in high fire hazard areas.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 3 FEBRUARY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE SECTION 15.08.010 TO ADOPT THE HIGH FIRE HAZARD SEVERITY ZONE MAP FOR THE CITY, AS REQUIRED BY STATE FIRE MARSHAL AND GOVERNMENT CODE SECTION 51179. (1ST READING)

BACKGROUND & DESCRIPTION
The State recently adopted amendments of Chapter 7A of the California Building Code that addresses materials and construction methods in Very High Fire Hazard Severity Zones (VHFHSZ). The new code, which took effect on July 1, 2008, requires all roofing and exterior walls for new buildings located in the VHFHSZ to be constructed of noncombustible materials. These requirements do not apply to remodel projects -- only new construction.

Although the City adopted these amendments on February 5, 2008, the map identifying the fire zones was not yet finalized. The proposed ordinance will adopt the attached map identifying properties that are located within the VHFHSZ (shown in red) as required by Government Code Section 51179.

NONCOMBUSTIBLE MATERIALS
The purpose of the fire regulations is to retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten resources, life, or property. While siding materials such as untreated wood shingles, board and batten and horizontal shiplap will not be permitted in the VHFHSZ, the State maintains a list of noncombustible materials that comply with the ordinance, including properly treated wood siding products.

The noncombustible requirement, therefore, should not have a significant impact on community character, as the traditional range of acceptable siding products will still be available.

PROCESS
The City requires a Preliminary Site Assessment (PSA) application to precede a residential development application. During the PSA, the Planning and the Forestry departments visit the project site to provide preliminary guidance to the applicant. During the PSA, staff will notify the applicant if they are located in the VHFHSZ and will assist in identifying exterior materials to comply with the ordinance and City design regulations. The requirements of the ordinance will be enforced through the Design Review and Building Permit process. The Department of Community Planning and Building also will maintain a copy of the VHFHSZ map for public review.

PROPERTIES IMPACTED
The VHFHSZ includes properties near the northern and eastern boundaries of the City
and encompasses the following City blocks (see attached map):
1 7.5 18 43 108 2B
LL
2 8 19 84 119 3 PP
MM
3 9 20 99 120 3 Walker Tr.
NN
4 10 21 100 128 3A
4.5 11 28 101 1 PP 3B
5 13 29 102 1A 4 Mission Tr.
5.5 14 30 103 1B 4 PP
6 15 31 104 2 PP II
6.5 16 32 105 2 Walker Tr. JJ
7 17 42 107 2A KK

RECOMMENDATION
Adopt the Ordinance (1st Reading).


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE SECTION 15.08.010 TO ADOPT THE HIGH FIRE HAZARD SEVERITY ZONE MAP FOR THE CITY AS REQUIRED BY STATE FIRE MARSHAL AND GOVERNMENT CODE SECTION 51179

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, the City adopted revisions to the State Building Code on 5 February 2008, that includes the requirement for new construction in the Very High Fire Hazard Severity Zone to consist of noncombustible exterior materials; and

WHEREAS, the California Department of Forestry and Fire Protection forwarded a map identifying the Very High Fire Hazard Severity Zones in the City of Carmel-by-the-Sea on 18 November 2008; and

WHEREAS, Government Code Section 51179 requires the City to adopt the map by ordinance within 120 days of receipt of the map from the Department of Forestry and Fire Protection.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Amend Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone Map for the City of Carmel-by-the-Sea (see attachments).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ________ 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

_________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR


Attachment “A”
CMC 15.08.010
The 2007 California Building Code, including the appendix thereto, and the California Building Code Standards, copies of which are on file with the City Clerk as required by law, are adopted by reference and incorporated into this title as the building code for the City except as amended in this chapter and Chapter 15.04 CMC. The Very High Fire Hazard Severity Zone Map, as transmitted to the City on 18 November 2008 by the Department of Forestry and Fire Protection is also adopted as required by law.

The State of and Fire Protection Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referred to as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50 year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modeling methodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm. Local Responsibility Area VHFHSZ maps were initially developed in the mid-1990s and are now being updated based on improved science, mapping techniques, and data.

In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7A requiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codes include provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high fire hazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also be used to identify property whose owners must comply with natural hazards disclosure requirements at time of property sale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates to the safety element of general plans.

This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendations for Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive local review process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continue as guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severity zones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.

There is no requirement for local government to report their final action to CAL FIRE when the recommended zones are adopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or Fire Protection District) to determine the status of the local fire hazard severity zone ordinance. Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE Projection Albers, NAD 1983
Scale 1: 12,000
at 36" x 36"
October 4, 2008
©
0 2
Miles
0 3
Kilometers
This map was developed using data products such as parcel and city boundaries provided by local government agencies. In certain cases, this includes copyrighted geographic information.

The maps are for display purposes only - questions and requests related to parcel or city boundary data should be directed to the appropriate local government entity.

DATA SOURCES
CAL FIRE Fire Hazard Severity Zones (FHSZL06_3)
MAP ID: FHSZL_c27_CarmelByTheSea
Fire Hazard Severity Zones
County Boundary
Parcels
City Boundary
Local Responsibility Area State or Federal Responsibility Areas
VHFHSZ
Non-VHFHSZ
VHFHSZ
Non-VHFHSZ