HomeMy WebLinkAbout03-06-2012 ac rowley ph1RECEIVE D
MAR 06 201 2
ER Khardcopy:
email :a COUNCIL a COD DI RaCTTYMGRaFIT DIR
a
s ASSTCM
a a MY DIR
FIRE CHIEF
bl Aid TeKikoucE CHIEF
a FIR c1 PARKS&RECDIR
4 TRIBUNE a LTCti OI R
a 'NEW TIMES a HR DIR
a SLOCITYNEWS 0 COUNCIL
a CITY MGR
a CLER K
BACKGROUND :
In 2007-2008 Cal Fire recommended that areas in close proximity to the Bishop Peak, San Luis Mountain ,
Islay Hill and San Luis Drive neighborhoods not be designated as "Very High Fire Hazard Zones ."
Subsequently, these areas were re-classified from their original, lower-hazard designations to the "Ver y
High Fire Hazard Zones" designation at the request of the City — without any apparent meaningfu l
notification or input from the neighborhoods that would be affected by this change . (Attachment 1 )
In 2010 city staff recommended a "Wildland Urban Interface (WUI) Fire Zone" that would extend 1,00 0
feet from these Very High Fire Hazard Zones .
COUNCIL DIRECTION :
When Council heard the "1,000 foot Wildland Urban Interface Zone" proposal in November 2010, they
returned it to staff with direction for additional research and more public input, to include the following :
1."Further research the 1,000 foot buffer zone and what other communities have done .
2.Further research programmatic issues with the maintenance of the city's open space .
3.More information is needed regarding insurability .
4.Confirmation that the applicability is only to new buildings .
5.Return to the Planning Commission for further consideration ."
PUBLIC INPUT :
Three public workshops have since occurred . RQN members and other affected residents attended eac h
workshop . Residents stated that public input was provided as follows :
1.A resident of the Islay Hill neighborhood reported that he had contacted his insurance company . H e
detailed the serious effects he was told would be a consequence of being placed into a Wildland Urba n
Interface (WUI) Fire Zone : These included cancellation of his insurance if he missed a payment an d
refusal to write insurance with a subsequent owner if it were sold . A reporter in attendance describe d
serious findings . Also, when this item was discussed at the November 2010 Council Meeting, a counci l
member reported he, too, had called a number of insurance companies and had discovered potentiall y
serious consequences affecting cost and availability of insurance . While none of the above impacts ar e
included, the insurance problem was referenced in the September 22, 2010, Planning Commission Staf f
Report. (Attachment 2 )
2.Following Council direction, some residents had researched what actions other communities hav e
taken . They reported that a common approach was for cities simply to declare their existing Very Hig h
Fire Hazard Zones as their WUI Fire Zone . They reported that the benefit of this approach might be that i t
probably does not add new insurance or other problems for city homeowners since homeowners wh o
live in a Very High Fire Hazard Zone are already legally required to disclose this to prospective buyers ,
must meet the State's higher fire and building code standards, and probably have had to deal with cos t
or availability problems when insuring their homes .
Residents for Quality Neighborhoods
P.O . Box 12604 • San Luis Obispo,CA 934
March 5, 201 2
Mayor Marx and Members of the City Council ,
RE : PH Item #1, Amendments to the Fire Hazards Section of thHgn AIan Safety~C1v
CORRESPOND ENC E
Date 3 i Item#6
Amendments to the Building Code
3.A city resident pointed out that our City's designation as a "Community at Risk "(apparently a basis fo r
proposing one of the largest WUI Fire Zones in the state) was hardly special, and that there are currentl y
about 1,300 other "Communities at Risk" in California --18 other "Communities at Risk" are located i n
San Luis Obispo County .
4.Contrary to the information shown in the Public Workshop Summary, there was little support fo r
putting attendees' neighborhoods into a WUI Zone or for putting the entire city in such a zone . According
to RQN members in attendance, the strongest support from the three workshops was to not identify a
Wildland Urban Interface Fire Hazard Zone .
5.The public raised the issue of economic impacts from being put in a WUI Zone . To preclude a conflict
of interest, the City Attorney referred the question to the fair Political Practices Commission (FPPC). The
FPPC ruling was that there was a potential conflict of interest for the Planning Commission and the Cit y
Council That ruling included the following statement.
"You (the City Attorney) also state that sellers of property located in a Wildland Urban Interface are a
have a duty, under the natural hazards real estate disclosure laws, to disclose to buyers that the propert y
is located in the WUI Area .Presumably, the purpose of these disclosure laws is to advise a buyer o f
conditions that would adversely affect the property and its value ."(emphasis added)
RECOMMENDATIONS :
1.RQN recommends that no Wildland Urban Interface Fire Zone be identified .
2.To insure public notification and public input, we strongly recommend the following or simila r
(underlined) text be added to Policy 3 .1 A. shown on page 6 of the Staff Report .
Policy 3 .1 Wildland Fire Safet y
A. Wildland fire hazard severity zones shall be classified as prescribed by Cal Fire .Very High Fire Hazard
Severity Zones within the City are periodically reviewed by Cal Fire in a process that include s
recommendations from the City . Meaningful, early notification and input shall be obtained fro m
neighborhoods which may be affected .
Areas within the City outside of the "Very High" Fire Hazard Severity Zone shall be classified by the City's
Fire Code Official after early notification and input from neighborhoods that might be affected .
The City Council shall hold public hearings and make findings that there is competent substantial evidenc e
in the record to support the City Fire Code Official's designations as fire hazard areas .(This is done i n
other communities, see attachment 3 .)
Thank you for your time and your attention to this matter ,
3 Attachments
raaesr a va4B"1`si.,,m„~PO .j aa:,t.p arcr ia,eeu.u,eara u.e..,waann .
....ae...uiner4mro'.a ...ee«uas . n,wasa„open .nlnAi.ndte nem.na,ae8RA4nai.Thne uu ...116t .~cW `,bae •"`d`„mtleNrypesaten'OMbSC Gx wq Oe .neeoe,.tier«aaweroaoefi A`a"0°`!.eweeeua a
n.,
fjju•tsre
t LRA Request sMIAddVeryHigh FHSZ
Remove Very High FHSZ
.-+'A ccnptnd addit nn,tnse(soamix„1aAdditionCALFIREsuggested
Acnenrcd,1,..M loon(submuta tr Remount CAL FIRE suggested
P Pendin g
Deferred
Diosedfregeoted
AnwerasmarH SawMin
tin aFined
ray,
, nu,
"ys m y a ax v '.c Ao ~ awn.,,,„1is,ni in in Pr~x~FRPP ncy;..:Ut-~x.0 drkri w,ru~x.
f ,rve,rn o-nxnm.~prtv GLL ~~a,~ ~~~olrttCrCC .rl t,m/,Ilttx~S~Q uFre-:RPP PJ E3n. WN2GU .parr emrvo U Sat .~.Mp ,i15,a,-Civ
Akc (T~s.. S~vctrY ~~r Rco .>
Fd,p'n Giy prttto .[nits-in-um efFin,ini :nu Fir
June 2008
ATTACHMENT #2
CITY OF SAN LUIS OBISP O
PLANNING COMMISSION STAFF REPORT ITEM #1
Page2 DATE:September 22, 201 0
Based on the government code, only areas within the City that .are designated "Very High" and
areas that are within 1,000 feet of the Very High boundary are subject to the Wildland-Urba n
Interface (WUI}building codes...While the City has the ability to add more restrictivefire zones
oraddcriteriato the regulations, additional firehazard.zones and more restrictive criteria may ,
result in significant insurance modifications for existing and futureproperty owners .The City's
approach is consistent with the Government Code and has support from both the Fire Marshal l
and Chief Building Official.
CITY OORRO BAY,. ADOPTED 200 9
Sections :
ATTACHMENT #314.65.010 -ramoseandintent.,
j4.65.020 -Deaiglation—Recornmandatloa .
14.68 .040 -Destenatien
14.65.050 -St'imod by substanlgyidence ua the recorA
1 64,5+160 -Enfatater et
14 .65.070 Perm .
14.65,Q1 Q-Purpose and intent.
The purpose of this chapter is to provide authority for the identification of local fire hazard severity zones
and provide authority for enforcement of state and local codes in these zones. The intent of this chapter is to
reduce the potential for fire losses by providing minimum requirements for the protection of properties constructe d
in very high hazard seventy zones and other wiidiand/urban interface areas designated by the fire chief and
supported by substantial evidence .
(cord No. 55Z,914491
14.65.020 -Desi
The fire chief is hereby authorized to designate very high fire hazard severity zones within one hundre d
twenty days of receiving recorrrnendatians from the California Department of Forestry and Fire Protection .
(Ord. No. 55Z, 914-09)
14 .65 .030 - Designation—Nat identified .
The fire chief may designate areas not identified as very high fire hazard Severity Zones by the California
Department of Forestry and Fire Protection following a finding supported by substantial evidence in the record that
the requirements for very high fire hazard seventy zones are necessary for effective fire protection within the
area(s).
(Ord No. 55Z, 9.14.09)
MAUR
The fire chief may dedine to designate areas identified by the California Department of Forestry and Fir e
Protection as Very high fire hazard severity zones following a finding supported by substantial evidence in the
record that the requirements for very high fire hazard seventy zones are not necessary for effective fire protect!
with the area(s).
(Ofd No. 55Z 9.14-09)
14.65.050 - Supported by substantial evidence in the record .
"Supported by substantial evidence in the record" shall require the city council to hold a public hearing and
make findings that there is competent substantial evidence in the record to support the fire chiefs designation a sfire hazard areas.
14.65.060 - Enforcement.
The building official shall enforce the provisions of Chapter 7A and Chapter 47,Title 24 California Code o fRegulations, in all very high fire hazard seventy zones and other areas designated by the fire chief and supporte dby substantial evidence in the record .
14.64060 -Enforc rt .
The building official shall enforce the provisions of Chapter 7A and Chapter 47, Title 24 Califomia Code of
Regulations,in all very high fire hazard seventy zones and other areas designated by the fire chief and supported
by substantial evidence in the record .
(Ord No. 552, 9-4409)
1465,070 -PeirnIts .
All submittals for subdivision, entitlement, or building permits shall demonstrate that the proposed projec t
allows for compliance with the provisions of Government Code Section 51182 and Public Resource Code Sectio n
4291, except where otherwise allowed by law, to the satisfaction of the -fire chief and the building official,
(Ord. No. 552 9.4409)