HomeMy WebLinkAbout03-06-2012 ph1 general plan updated fire hazards/counci lj aGEnda uepoRt Meeting Date
item Number
03-06-1 2
PH l
C I T Y O F S A N LUIS O B I S P O
FROM :
Derek Johnson, Community Development Directo r
Charlie Hines, Fire Chie f
Prepared By : Phil Dunsmore, Senior Planne r
SUBJECT :AMENDMENTS TO THE FIRE HAZARDS SECTION OF TH E
GENERAL PLAN SAFETY ELEMENT AND TEXT AMENDMENTS T O
THE BUILDING CODE (GPA, ER 77-10).
RECOMMENDATIO N
1 Adopt a resolution amending the Fire Hazards section of the General Plan Safet y
Element ; and ,
2.Introduce an ordinance amending Title 15 of the Municipal Code amending constructio n
and fire codes ; and ,
3.Adopt a Negative Declaration of environmental effect (ER 77-10).
REPORT IN BRIE F
Government Code §51179 requires local agencies to adopt the State's Fire Hazards Maps t o
require increased building standards in mapped Very High Fire Hazard Severity Zone s
(VHFHSZ). State mapped VHFHSZ require implementation of Chapter 7A of the building code .
Chapter 7A includes components to slow the spread of wildfire such as protected vents,rate d
roofs, doors and windows . The City currently utilizes Fire Hazard Maps in the General Pla n
Safety Element in order to determine fire hazards for new development . The new State adopte d
fire hazard maps will replace the existing Safety Element maps, Chapter 7A building codes ar e
already required in all areas throughout the entire Unincorporated Areas of the County .
The existing Safety Element fire hazard maps were adopted prior to the State adopted fire hazar d
maps . Since the Safety Element's fire hazards maps are no longer consistent with the new Stat e
adopted fire hazard maps, the Safety Element maps and the policies that accompany them nee d
to be updated to be consistent with the Government Code . The corresponding sections of th e
building code also need to be updated for consistency with the Government Code and with th e
proposed City Safety Element policies and maps .
The update process has included feedback from the public, which was gathered during publi c
workshops . Notification was provided to property owners within and adjacent to potential fir e
hazard areas . The results of the public outreach have concluded that residents want to se e
enhanced building codes for new construction, however residents do not want the designation o f
a Wildland Urban Interface (WUI).
Staff's recommendation is to adopt only the state mandated VHFHSZ and require the limite d
application of Chapter 7A building codes for new construction citywide . The proposed
amendments include replacement of the Safety Element Fire Hazard Map, amendment o f
policies that reflect the map, and amendments to the building code for consistency with th e
Safety Element policy amendments . The building code amendments include implementation o f
Chapter 7A for new structures within the VHFHSZ and a modified provision of Cha p ter 7 A
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Safety Element Fire Hazards update
Page 2
(screened attic vents and limited wood shake as exterior wall covering) citywide . There are n o
anticipated costs to the City in adopting the recommended actions . Construction costs are
estimated to increase by approximately 1% for new construction within the VHFHSZ . The
proposed requirement to require the limited application of Chapter 7A for areas outside th e
VHFSHZ are expected to increase by less than 1%.
DISCUSSIO N
Backgroun d
In 2008, the California Department of Forestry and Fire Protection (Cal Fire) and the Office o f
the State Fire Marshal adopted new fire hazard maps identifying areas of very high fire hazard
that impinged on local jurisdictions . Government Code §51179 et seq . requires local
jurisdictions to adopt the maps and to implement more restrictive building codes within Ver y
High Fire Hazard Severity Zones (VHFHSZ). The VHFHSZ adopted by the State impacts 2 2
lots within the City - several on San Luis Drive and the remainder on Isabella Drive in th e
Prefumo Canyon area . The Wildland Urban Interface (WUI) was not mapped by Cal Fire and th e
City has the discretion to map this zone as appropriate based on local factors .
Locally, this means that the VHFHSZ should be reflected in the General Plan Safety Elemen t
Fire Hazards Map and the City needs to consider associated implementing policies that reflec t
the intent of state lawl . In addition, local Building and Fire Codes need to be updated to reflec t
required fire protection building code requirements for new development within these areas .
Proces s
The Planning Commission originally reviewed proposed changes to the Fire Hazards section o f
the Safety Element on September 22, 2010 and recommended approval to the Council
(Attachment 1 and 2). The City Council reviewed the proposed changes on November 9, 201 0
and expressed the following concerns ; 1) regarding the basis for identification of a WUI zone, 2 )
the potential impacts of the policy and map amendments on homeowners' fire insurance, and 3 )
the City's maintenance of open space areas (Attachment 3). Each topic is discussed in mor e
detail below .
The item was continued to a date uncertain with direction to conduct further research an d
outreach and to return to the Planning Commission with alternatives to the propose d
amendments . Staff subsequently held public workshops on January 13, February 24, and Augus t
18, 2011 (Attachments 4 and 5). The item was subsequently agendized for Plannin g
Commission review . However, in light of previously unanticipated concerns regarding propert y
impacts that had been raised in the public hearings, conflict of interest advice was sought fro m
the Fair Political Practices Commission regarding the ability of certain Planning Commissioner s
to participate in the consideration of the matter . The response from the Fair Political Practice s
Commission indicated that the majority of the Planning Commission, as well as one staff
member, had potential conflicts of interest with one of the proposed alternatives based on th e
California Government Code § 51175 . The Legislature hereby finds and declares as follows :
(a) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies . Wildfires pose a serious threat to th e
preservation of the public peace, health, or safety .The wildfire front is not the only source of risk since embers, or firebrands, travel far beyon d
the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time . Since fires ignore civil boundaries, it i s
necessary that cities, counties, special districts ; state agencies, and federal agencies work together to bring raging fires under control Preventiv e
measures are therefore needed to ensure the preservation of the public peace, health, or safety .
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Safety Element Fire Hazards update Page3
proximity of their real property to and proposed alternative fire hazard zone . Because th e
Planning Commission is not the only source of action on the matter, its recommendation canno t
be obtained and the item is being forwarded directly to the Council . All of the Council member s
have the same potential conflict of interest as the majority of the Planning Commission, but th e
Council is the only City body that can take the required action. Thus, pursuant to the FPP C
regulations governing "required participation," three Council members (Mayor Marx ,
Councilmember Carter, and Councilmember Smith) were randomly selected to participate i n
consideration of the action .
Fire Insurance
Fire Hazard maps that were approved by CalFire in 2008 indicate the Very High Fire Severit y
Zones (VHFHSZ) in San Luis Obispo . These maps have been available on the internet sinc e
2008 . The proposed Safety Element maps are identical to the maps approved by the CalFir e
Director and available on the web .
Council directed staff to research potential impacts to home insurance from the propose d
changes . The Fire Hazard map defines where slope, vegetation cover, and weather, particularl y
wind direction may create conditions that could spread fire into the City . This is different than
fire risk . Fire risk takes into account a series of factors such as access, emergency response time ,
hydrant location, and type of construction of structures on the property . Fire risk factors are
utilized by insurance companies when determining fire insurance eligibility and may be affecte d
by changes on the property .
Fire hazard maps are intended to identify where wildfires have the potential to impact the urban
environment. The fire hazard associated with wildlands adjacent to the City will not be affecte d
by development to a particular property ; however, the potential damage resulting from a wildfir e
that intrudes into the City may be minimized by fire-safe construction techniques .
Members of the public have expressed concern that changes to the wildland fire hazard map wil l
alter the ability of homeowners to acquire insurance and/or alter the cost of insurance .Fire
Department staff contacted local insurance adjusters and the State Insurance Commissioner t o
obtain information . The local adjusters indicated they use what is called a "Protection Clas s
Number" to determine insurability . The protection class number is assigned by the Insuranc e
Service Organization (ISO) and is determined based on a set of criteria that includes access ,
distance to fire hydrants, emergency response times, construction type, and distance to brus h
covered wildland .
While insurance adjusters do not utilize the City General Plan Wildland Fire Hazard map t o
determine insurability, the Wildland Fire Hazard map already adopted by Cal Fire may b e
utilized as one of several components of determining fire risk . As noted in this report, this map i s
already publicly available regardless of any action taken by the City . Based on this information ,
updating the Wildland fire hazard map within the City limits to correspond to that alread y
adopted by Cal Fire should have no impact on the insurability of properties different from tha t
already existing as a result of the Cal Fire mapping . To respond to concerns regarding fir e
insurance issues, the California Department of Insurance and Cal Fire have established a
partnership and joint commitment to protecting Californians from fire losses . A Memorandum o f
Understanding was signed by the Insurance Commissioner and the Director of Cal Fire i n
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Safety Element Fire Hazards update Page4
October of 2007 to promote awareness and collaboration among fire officials, the insuranc e
industry, and the public to prevent and mitigate fire losses .
Fuel Management within City Open Spac e
The City currently maintains open space lands consistent with council adopted City documen t
known as "Best Management Practices for Open Space Lands". This document sets th e
framework for management of the City's open space areas while each of the City's conservatio n
plans (Irish Hills, Cerro San Luis, South Hills, etc .) describe the fuel management needs for eac h
area. Currently, the City addresses fire fuels that are within close proximity to urba n
development . This program is ongoing and will not be affected by the proposed Safety Element
or building code amendments . Although maintenance of open space areas has the potential t o
affect fire risk at the urban edge, these endeavors will not alter the fire hazard zone maps, no r
will the new fire hazard zone alter the management of open space areas .
A Community at Ris k
The California Fire Alliance2 has identified many cities in the state as "Communities at Risk "
due to their proximity to extensive wildlands, including the City of San Luis Obispo . Within a
community at risk, the threat of wildfire encroaching into the urban environment is considered t o
be increased due to topographical and atmospheric conditions . Significant wildfires pose a threat
to urban development far beyond the actual fire line because the intense heat from the fire cause s
burning embers to be carried into the urban environment . The distance a burning ember (know n
as a "firebrand") can be carried varies greatly based on vegetation height and wind pattern s
although it is not possible to map the limits of intrusion . The surface a firebrand ultimately land s
upon also influences how a wildfire may spread . Wood-shake roofs, attic vents without screens ,
and stands of dry vegetation are all subject to ignition when firebrands are carried into a
neighborhood .
In response to the Community at Risk designation, and as a result of input received at the publi c
workshops, the Fire Marshall and the Chief Building Official are recommending the Counci l
require the limited application of Chapter 7A building code for new construction Citywide tha t
increase the fire resistance of new structures . The limited application of Chapter 7 A
requirements would be less stringent than the building code requirements that are mandate d
within designated VHFHSZ . These enhancements would only be required for the construction o f
new buildings and would not apply to additions or remodels .
RECOMMENDATIO N
Proposed Amendment s
The staff recommendation is to amend the General Plan Safety Element Fire Hazards chapter t o
reflect the State-adopted VHFHSZ, while amending the policy language ; and amend the local
Building and Fire Code to implement the government code requirements, while requirin g
enhanced building code standards Citywide for new structures .
2 The California Fire Alliance are fire service professionals from the local, state and federal level who collaborat e
with stakeholders to identify wildfire threats, and develop and support strategies to create fire safe comm yi tipi._4
Safety Element Fire Hazards update
Page 5 .
1.General Plan Safety Element Map Amendment s
The existing fire hazards map will be repealed and replaced with a map that illustrates th e
VHFHSZ already adopted by the State . Attachment 6 is a copy of the existing Safety Elemen t
Fire Hazards chapter . This amendment will add the state adopted map to the General Plan wher e
it can be utilized for the review of development applications and inform long range plannin g
efforts . No WUI zone or other fire hazard zone other than the mandated VHFHSZ is included i n
the map . A copy of the proposed map has been included as an attachment to the draft resolutio n
(Attachment 8) and a color copy of the map has been included in the Council Reading file an d
can also be viewed on the City's website at :
httn ://www .ci.san-luis-obi spo .ca .us/cominunitydeveloprcnt/longrange .asta
2.General Plan Safety Element Text Amendment s
The existing Fire Hazards section would be repealed and replaced in its entirety with new text to
describe current fire operations and responsibilities .
The proposed Safety Element policies reflect the intent of the Government Code and th e
California Building Code . The revisions clarify that only construction of new structures (no t
additions or remodels) in the VHFHSZ would require full implementation of the Chapter 7 A
Building Standards and associated plan review for vegetation management . Other areas of th e
City would be subject to components of Chapter 7A building standards in order to addres s
potential fire hazard issues .
It is important to understand that vegetation management as defined by the Government Code
does not mandate removal of native vegetation and trees, but only the removal of excessive fuel s
such as dead growth, excessive undergrowth, or dense brush that is within close proximity to a
new structure . This requirement is in the VHFHSZ only and these 22 properties already have to
comply with this requirement today . These properties have been complying with vegetatio n
management requirements for years . This requirement will continue to be monitored by City
Fire . Fuel and vegetation management requirements would not apply to areas outside of th e
VHFHSZ, but the Fire Marshall, per state law, retains discretion to require fuel or vegetatio n
modifications on a case by case basis .
Proposed Policy 3 .1 C is intended to support the adoption of enhanced building codes Citywid e
to increase the ability of new development to resist fire intrusion from wildland sources .
3.Building Code Amendment s
New buildings constructed in areas located within a Fire Hazard Zone after January 1, 2008 ,
must comply with California Building Code Chapter 7A Materials and Construction Method s
for Exterior Wildfire Exposure .The code includes standards designed to improve fire resistance ,
such as use of tempered glass, fire-resistant roofing materials, screened attic vents, and use o f
fire-resistive materials for exterior projections .
The City of San Luis Obispo adopted the Chapter 7A (WUI) Building Standards as a componen t
of the City's building codes with Ordinance 1550 in 2010 . However, the code referenced th e
1,000 foot WUI from mapped VHFHSZ . These areas were not mapped and, therefore, th e
application of this requirement was incomplete . Staff recommends amending the building cod e
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SafetyElementFire Hazards update Page6
to remove the WUI requirement of Chapter 7A compliance fo ~ new construction outside of the
VHFHSZ .
Chapter 7A does not prohibit new construction within area . at risk for wildfire, it simpl y
provides for a set of construction standards to improve the structure's resistance to burnin g
embers the primary source of ignition from a nearby wildfire . The County requires Chapter 7 A
requirements for all buildings in the County, regardless of ocation relative to mapped fir e
hazards .
Additionally, Chapter 7A requires that existing and new structures have adequate setbacks fro m
fuel sources such as dense brush and vegetation . The code does not require the removal of tree s
or significant native vegetation, but does address deadwood, or dense overgrowth in clos e
proximity to structures . The code does not mandate the management of open space and natura l
resource areas, nor does it require changes to existing City residences or how their landscapes ar e
maintained .
The amendments will require full Chapter 7A building codes for new development within the
VHFHSZ . Additionally, staff recommends new structures outside of the VHFHSZ comply wit h
modified Chapter 7A requirements, which require screened attic vents to resist the intrusion o f
burning embers and limit the use of wood shake materials as an exterior wall covering . When
wildfires are in close proximity to City limits, the threat of burning embers may travel up to 1 .5
miles .These are considered to be minor requirements in terms of cost, but the benefits ar e
significant, should a large conflagration emanate from the wildlands and spread into the urban
environment.
The attached draft Ordinance describes the code changes for Council's consideratio n
(Attachment 9).
Environmental Review
Staff has prepared an initial study of environmental review to analyze the potential fo r
environmental impacts resulting from the changes to the Safety Element and Municipal Code ,
consistent with CEQA . No significant impacts to the environment have been identified from th e
proposed policy changes, which are designed to protect structures and properties . Thus, no
mitigation has been recommended . A Negative Declaration of environmental effect is propose d
for approval by the City Council (Attachment 7).
CONCURRENCE S
The map and policy amendments have been drafted in conjunction with the Fire Marshal and th e
Chief Building Official . Both the Fire Department and Building and Safety Division hav e
reviewed the proposed maps and policies and concur with the update as proposed . Additionally,
the Natural Resources Manager has reviewed the proposed update and provided comments ,
which have been incorporated into the proposed policy amendments .
FISCAL IMPACT
The proposed fire hazard maps will replace existing fire hazard maps for consistency with th e
Government Code . Since the maps and policies are consistent with other aspects of the Genera lPHI-6
Safety Element Fire Hazards update Page7
Plan, there are no known direct costs to the City . In the area already mapped by the state as a
VHFHSZ, there are no fiscal impacts as this area is already required to implement building cod e
enhancements since 2008 . Citywide, the limited application of Chapter 7A to new construction i s
anticipated to increase construction costs in the range of less than 1%.
Since the map amendments are already incorporated into the government code, the City has littl e
control over the fiscal impact to new construction in the VHFHSZ . There is discretion i n
requiring the limited application of Chapter 7A building codes throughout the rest of the City .
It is the intent of these amendments to reduce the risk of wildfire spread, increase the protectio n
between the wildland and urban interface, and inform the public of such risks . Therefore, the
long-term benefit of this amendment is likely to result in reduced-costs of firefighting and fire
protection and mitigation against the loss of life and property throughout the City .
ALTERNATIVE S
1 The City Council can continue consideration of these amendments to a future Council
meeting and ask for additional information to be provided before direction is provided on
a course of action .
2.The City Council may wish to consider the adoption of a WUI zone that requires the ful l
implementation of Chapter 7A of the building code within that zone . The boundaries o f
the WUI zone recommended by the Fire Marshall are 1,000 feet from mapped VHFHSZ .
3.The City Council may determine that chapter 7A building code requirements only appl y
to the VHFHSZ and no elements of the code should be applied outside of the zone .
4.The City Council can direct staff to consider developing findings consistent with §5117 9
(b) to exclude areas of the City from the VHFHSZ if certain findings are made supporte d
by substantial evidence in the record that increased building and fuel managemen t
standards are not necessary for effective fire protection within the area. This is not
recommended as both the Director of Cal Fire and the City's Fire Marshall believe tha t
these standards are necessary for effective fire protection.
ATTACHMENTS :
Attachment 1 : Planning Commission meeting minutes (September 22, 2010 )
Attachment 2 : Planning Commission Resolution (September 22, 2010 )
Attachment 3 : City Council meeting minutes (November 9, 2010 )
Attachment 4 : Copy of notice sent regarding Public Workshop s
Attachment 5 : Public Workshops discussio n
Attachment 6 : Existing Safety Element Fire Hazards Sectio n
Attachment 7 : Initial Study of environmental review (ER 81-10 )
Attachment 8 : Draft resolution adopting fire hazard maps and policy update s
Attachment 9 : Draft Ordinance amending Building Cod e
AVAILABLE FOR REVIEW IN THE COUNCIL READING FILE
Proposed Color Fire Hazard Ma p
Existing Safety Element Fire Hazards Ma p
"[:\(:;ounci'I Agenda ~~.>rts\2('I2\2Ol era] Plan 'Pre Haz,<.~rds (,k hnson (.:aiaaas~n<src)`~Safct,~....1 1ncnt
updat:c. docx
PHI-7
Attachment 1
SAN LUIS OBISP O
PLANNING COMMISSION MINUTE S
September 22, 201 0
ROLL CALL :
Present:Commissioners Michael Boswell, Michael Draze, Eric Meyer, Airli n
Singewald, Vice-Chairperson Mary Whittlesey, and Chairperso n
Michael Multar i
Absent :Commissioner Charles Stevenso n
Staff Deputy Community Development Director Kim Murry, Senior Planne r
Phil Dunsmore, Assistant City Attorney Andrea Visveshwara, an d
Recording Secretary Janet Mille r
ACCEPTANCE OF THE AGENDA :The agenda was accepted as presented .
MINUTES :Minutes of September 8, 2010, were approved as amended .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :There were no comments .
PUBLIC HEARINGS :
1 .City-wide .GPA/ER 77-10 : Review of amendments to the Safety Element of th e
General Plan to incorporate an updated fire hazard map and text revision s
consistent with State Fire Standards and consideration of a proposed Negativ e
Declaration of Environmental Effect ;City of San Luis Obispo – Community
Development Dept ., applicant. (Phil Dunsmore )
Phil Dunsmore, Senior Planner, presented the staff report recommending the Plannin g
Commission adopt a resolution recommending the City Council amend the Fire Hazard ssectionof the Safety Element of the General Plan and adopt a Negative Declaration o f
environmental effect .
PUBLIC COMMENTS :There were no comments made from the public .
COMMISSION COMMENTS :
Commissioners requested clarification on the State Area of Responsibility zon e
designations, emergency response times, and insurance implications for properties i n
the Wildland Urban Interface area . Staff clarified that the amendment would not requir e
changes to subdivision and zoning codes .
Commissioners requested information of noticing requirements for this amendment an d
requested that staff provide expanded notification prior to consideration by the Cit y
Council .
There were no further comments made from the Commission .
PHI -8
Attachment 1
On motion by Commr . Boswell seconded by Commr . Meyer, to adopt a resolutio n
recommending the City Council amend the Fire Hazards section of the Safety Elemen t
of theGeneralPlan and adopt a Negative Declaration ofEnvironmental Effect .
AYES :Commrs . Boswell, Draze, Meyer, Singewald, and Multar i
NOES:Non e
RECUSED :Commr. Whittlesey
ABSENT:Commr. Stevenso n
The motion passed on a 5 :0 vote .
COMMENT AND DISCUSSION :
2.Staff
Agenda Forecast — Staff provided a forecast of the October 13 t"and 27 t h
meeting items and reminded the Commission of the upcoming Mayor's
Advisory Body lunch .
3.Commission —Commissioner'Meyer shared an idea of painting the railroad bridg e
over upper Monterey Street to provide a sense of neighborhood identity .
ADJOURMENT :The meeting was adjourned at 6 :35 p .m .
Respectfully submitted by ,
Janet Mille r
Recording Secretar y
Approved by the Planning Commission on _October 13, 2010
Ryan K . Betz
Supervising Administrative Assistant
PHI 9
Attachment 2
RESOLUTION NO . XXXX-1 0
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N
RECOMMENDING AN AMENDMENT TO THE CITY'S FIRE HAZARD S
CHAPTER OF THE GENERAL PLAN SAFETY ELEMENT
TO THE CITY COUNCI L
GP/ER 77-1 0
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on September 22, 2010 to review proposed updates to the General Plan Safety
Element to implement new Fire Maps and associated policies GPA/ER 77-10 ; an d
WHEREAS, said public hearing was for the purpose of formulating an d
forwarding recommendations to the City Council of the City of San Luis Obispo regardin g
the General Plan Amendment and environmental determination ; and
WHEREAS, notices of said public hearing were made at the time and in th e
manner required by law ; an d
WHEREAS, the Planning Commission has duly considered all evidence, includin g
the testimony of the applicant, interested parties, and the evaluation and recommendation s
by staff, presented at said hearing .
WHEREAS, the Planning Commission has considered the Negative Declaration o f
Environmental Impact as prepared by staff ; and
BE IT RESOLVED, by the Planning Commission of the City of San Luis Obisp o
as follows :
SECTION 1 .Findings .
1.The proposed General Plan Amendment is consistent with the Government Cod e
in providing updated fire hazard maps and policies for the City .
2.The proposed amendments to the Safety Element Policies and Maps are consisten t
with objectives of Cal Fire to provide uniform maps and policies for the State o f
California.
3.The proposed amendments to the Policies will enhance the safety between th e
urban environment and the wildland interface by providing updated building an d
safety standards for properties that are within the Wildland-Urban Interface ,
consistent with adopted amendments to the California Building Code .
4.A draft Negative Declaration was prepared by the Community Developmen t
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PH.1 -10
Attachment 2
Department on September 16, 2010 . The Planning Commission finds an d
determines that the project's Negative Declaration adequately addresses th e
potential significant environmental impacts of the proposed project .
SECTION 2 . Environmental Review. The Planning Commission does hereb y
recommend adoption of the proposed Negative Declaration by the City Council .
SECTION 3 . Recommendation . The Planning Commission does hereb y
recommend to the City Council approval of application GPA/ER 77-10 to amend Genera l
Plan Safety Element Text for the Fire Chapter including Policy 3 .0 and 3 .1 and a
incorporating a new fire hazards map and fire travel time map, as follows :
FIRE
Fires cause significant losses to life, property, and the environment . They occur in both urban and rura l
settings. Urban fire hazards result from the materials, size, and spacing of buildings, and from th e
materials, equipment, and activities they contain . Additional factors are access, available water volume and
pressure, and response time for fire fighters (Figure 1). Fire hazards in rural areas, or on the edge betwee n
urban and rural land, combine these factors with land slope and natural and modified vegetation . The
mosaic of grassland, scrub and chaparral, and oak woodland around San Luis Obispo has been shaped by,
and to some extent depends on, fire . Where the burning of natural vegetation is a threat to people's live s
and property, plant fuels are often managed by replacement planting, grazing, plowing, or mechanica l
clearing..
"Wildland" is a shorthand description for areas characterized by low density development, concentration s
of natural vegetation and steeper slopes . Wildland areas may be subject to significant fire hazard due t o
natural vegetation's properties as fuel, and the steepness of the land, which affect how fast fire spreads an d
may limit access for fare-fighting. San Luis Obispo faces wildland fire hazards due mainly to its climate an d
to the steeper hillsides around the city . Areas with high wildland fire hazard include the Irish Hills, Santa
Lucia foothills, Cerro San Luis Obispo, Bishop Peak, and Islay Hill (Figure 2). Fire hazards in wildlands
are often compounded by their distance from fare fighting resources .
Fuel modification in conjunction with appropriate construction techniques may reduce the risk of wildlan d
fires spreading to the urban environment . In 2009 the City Fire Department in cooperation with th e
Natural Resource Manager contracted with the Cal Fire Cuesta Camp Hand Crew to clear or mods
natural fuels in the Cerro San Luis,Irish Hills, and Bowden Ranch Open Space . Currently the City has
contracts with the Cuesta Crew to moth fuels in open space areas by French Hospital and the
Johnson/Fixlini areas . The fire department aims to reduce fire risk through its weed-abatement program ,
which covers all wildland areas within the city's jurisdiction . The department also works with the County ,
which has a State and locally approved fire management plan that coordinates among a number of State,
regional, and county agencies .
Construction techniques, including the use of ignition resistant materials and building design that can resis t
the intrusion offlame or burning embers projected by a vegetation fire (wildfire exposure) reflect othe r
efforts California communities have made to avoid the repeating cycle of interface fire disasters .
Fire prevention and suppression services are provided by the City Fire Department, which maintains fou r
fire stations (Figure 1). The City also provides contract services to Cal Poly State University .
5-2
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Attachment 2
Wildland-Urban Interfac e
Wildland-Urban Interface areas are lands where natural vegetation intersect with man-made fuel type s
(structures). In most circumstance, the interface can be defined as areas that are within 1000 feet of
wildlands.The state of California has designated San Luis Obispo as a community at risk to the threat o r
wildfires. The primary factor associated with this threat is the dry and windy weather pattern combine d
with a community developed in close proximity to surrounding hills which creates an extensive wildland-
urban interface . Wildfires in undeveloped areas have the potential to spread into the urban interface an d
beyond. Typically, wildfires are caused by human activities such as improper use of equipment or behavio r
related to the use of fire. Fires within wildland areas can result in loss of valuable wildlife habitat,soil
erosion, and damage to life and property . San Luis Obispo is surrounded by thousands of acres of
undeveloped hillsides and open space. Although many of these areas have not been designated as very hig h
fire hazards by the California State Fire Marshall, they still pose a threat office danger due to the proximit y
to adjacent development or the Wildland-Urban Interface .
Although weather plays a predominant role in the spread and intensity ofwildfire, the level of wildland fir e
risk is determined by a number offactors, including :
•Frequency of critical fire weather ;
• Percentage of slope;
•Existing fuel (vegetation, ground cover, building materials);
•Adequacy of access to fire suppression services ; an d
•Water supply and water pressure .
Urban fire hazards are increased by concentrations of wood frame structures, particularly multifamil y
developments, mobile homes, and older structures having outdated heating and electrical systems an d
lacking fire-detection and suppression features .
Preventing the start and spread of fares was one of the original purposes of building and zoning regulations .
San Luis Obispo has adopted fairly typical zoning regulations for building size and spacing, and standar d
codes that address fire safety in detail . In addition, the city has adopted requirements for automatic fir e
sprinklers and fire-resistive roof materials that exceed minimum statewide requirements .
Recent changes in the Government Code define the responsibilities of the California Department of Forestry
and Fire Protection (Cal Fire) and for the City . In summary, the Government Code assigns Cal Fire the
responsibility to identibi very high fire hazard severity zones within local government jurisdictions, and t o
periodically review these zones. In response, Cal Fire has mapped the relative wildfire risk for the entire
state and each local jurisdiction . Cal Fire's State Responsibility Area (SRA) Map designates four ris k
levels : Low, Moderate, High, and Very High . These areas are mapped for unincorporated areas
surrounding the City . The Local Responsibility Area (LRA) map designates only those areas within the Cit y
limits that meet Very High wildland fire hazard criteria . Areas of high or moderate fire hazard severity
within the city limits are not mapped by the state, since the City serves these areas with fire services an d
maintains the discretion to identibt fire hazards of this level within the City based on local factors such a s
response time .Figure 2 displays both the SRA and LRA fire hazard designations .
Very High Fire Hazard Severity Zones
Government Code Sections 51175 through 51189 require identification of land within very high fire hazard
severity zones so that public officials are able to identibi measures that will mitigate uncontrolled fires tha t
threaten to destroy resources, life, or property, and to require that those measures be taken . Property
within these zones and within 1000 feet of these zones is required to utilize Wildland-Urban Interface Fir e
Area Building Standards to minimize the threat ofproperty damage in the event a wildfire occurs in clos e
proximity to these properties. The objective of the Wildland-Urban Interface Fire Area Building Standard s
is to establish minimum standards for materials and construction to provide a reasonable level of exterior
wildfire exposure protection for buildings in Wildland-Urban Interface Fire Areas .
5-3
PHI -12
Attachment 2
Policy 3 .0 :Adequate Fire Service s
Development should be approved only when adequate fire suppression services and facilities are availabl e
or will be made available concurrent with development, considering the setting, type, intensity, and form of
the proposed development.
Policy 3 .1 :Wildland Fire Safety
A.Wildland fire hazards shall be classified as prescribed by Cal Fire . Areas within the City, outside of th e
Very High Fire Hazard Severity Zone and associated interface zones, shall be classified by the City's Fir e
Marshal.
B.New subdivisions shall be prohibited in areas of very high wildland fire hazard. Development ofexisting
parcels shall require a development plan to manage fuels, maintain a buffer zone, and provide adequate fir e
protection to the approval of the City Building Official.The development plan must be consistent with
Policies required by the City 's Conservation and Open Space Element .
C.Buildings that are within 1000 feet from any State designated high or very high fire hazard zone or Locall y
very high fire hazard zone shall utilize ignition resistant Wildland-Urban Interface Fire Area Buildin g
Standards and meet the standards established by Government Code sections 51175 – 51189 .
D.In areas of moderate or higher wildland fire hazard, or within areas that are within 1,000 feet of any Hig h
or Very High fire zone, defensible space -accessible space free of highly combustible vegetation an d
materials– shall be provided around all structures pursuant to Government Code sections 51175 51189 .
Fuel modification, including but not limited to, removal of vegetation and modification of landforms mus t
be consistent with policies required by the City's Conservation and Open Space Element .
5-4
PHI -13
Attachment 2
FIGURE 1 : FIRE STATIONS AND TRAVEL TIMES
Attachment 2
FIGURE 2 : FIRE HAZARD SEVERITY ZONES
Lo gal Arca of Hasp o
Urt,.lnivrfac ¢
On motion by Commissioner Boswell, seconded by Commissioner Meyer, and on the following
roll call vote :
AYES :
NOES :
REFRAIN :
ABSENT :
The foregoing resolution was passed and adopted this day of September, 2010 .
Doug Davidson, Secretar y
Planning Commission
5-6
1
1
Attachment 3
City Council Meeting Page 3
Tuesday, November 9, 201 0
ACTION :Moved by Settle/Ashbaugh to waive oral reading and approve as presented ;
motion carried 5 :0 .
C2.FIREMAN'S FUND GRANT APPLICATION .
ACTION :Moved by Settle/Ashbaugh to : 1 . Authorize staff to submit a grant applicatio n
of $10,500 to Fireman's Fund Insurance Company Grant Program to fund Tiller Drivin g
Training class .2 . Appropriate $10,500 in the Fire Training budget if grant is awarded .
3 . Authorize the City Manager to accept and execute all grant related documents ;
motion carried 5 :0 .
C3.TELEMETRY MAINTENANCE CONTRACT .
ACTION :Moved by Settle/Ashbaugh to approve agreement with Remote Automatio n
Solutions Inc ., for a two-year telemetry system maintenance services contract in th e
amount of $61,620, and authorize the Mayor to execute agreement ; motion carried 5 :0 .
C4.STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATIO N
COOPERATIVE AGREEMENT .
ACTION :Moved by Settle/Ashbaugh to : 1 . Approve the Cooperative Agreement wit h
the State of California Department of Transportation for the City to contribute $54,00 0forpavingandsidewalk improvements as part of the Caltrans SLO-101 R38 .5/52 .0
Rehabilitation project . 2 . Re-appropriate $25,000 in previously approved State Highwa y
Account grant funding . 3 . Approve the transfer of funding in the amount of $29,00 0
from the Street Resurfacing & Reconstruction Main Account to the project's constructio n
phase ; motion carried 5 :0 .
PUBLIC HEARING S
1 .REVIEW OF AMENDMENTS TO THE FIRE HAZARDS SECTION OF TH E
GENERAL PLAN SAFETY ELEMENT (GPA, ER 77-10).
Senior Planner Dunsmore and Fire Marshall Maggio presented the agenda report an d
responded to Council questions and comments .
Mayor Romero recused himself from participating in this item due to a conflict of interes t
regarding his property being within the proposed Fire Hazard Zone .
Vice Mayor Carter opened the public hearing .
Penny Sullivan,SanLuis Obispo,stated that potential fire risk affected residents' ability t o
obtain fire insurance .
Attachment 3City Council Meeting Page 4
Tuesday, November 9, 201 0
Timothy R . Plumb, San LuisObispo,spoke about his concerns regarding wild land fire ,
fuel modification to reduce fire hazards, vegetation management, and the ability to obtai n
fire insurance .
Ron StarkeA,San Luis Obispo,spoke about his concerns regarding the potential of wil d
land fires, and suggested that the City develop a regular maintenance plan to remov e
dead and overgrowing vegetation .
Vice Mayor Carter closed the public hearing .
Fire Marshall Maggio explained that the City was working on contracts with Cuesta Cam p
and the California Men's Colony for vegetation management services .
Council discussion ensued during which they spoke of concerns regarding buffer zones ,
maintenance of open space, and fire insurance for property owners .
ACTION :Moved by Ashbaugh/Settle to direct staff to further research the 1,000 foo t
buffer zone and what other communities have done ; programmatic issues with th e
maintenance of the city's open space ; more information is needed regarding insurability ;
confirmation that the applicability is only to new buildings and return to the Plannin g
Commission for further consideration ; motion carried 4 :0 (Romero recused).
2.CULTURAL HERITAGE COMMITTEE RECOMMENDATION TOUPDATE TH E
HISTORIC PRESERVATION PROGR4M GUIDELINES AND CREATEA
HISTORIC PRESERVATION ORDINANCE (GPI 72-09).,
Community Development Director Mandeville introduced this item, following whic h
Deputy Directory Lona Ranae Planning, Murry presented the agenda report an d
responded to Council questions and comments .
Mayor Romero opened the public hearing .
Steve Rebuck, San Luis Obispo,requested that the Council take more time to conside r
how the ordinance and guideline will affect builders and tradesmen .
Mike Baumberaer, Los Osos,spoke about his concern regarding the "potential list ."
JimDuenow, San Luis Obispo,spoke in support of staffs recommendation :
David Brodie, San Luis Obispo,spoke in support of staffs recommendation .
Elizabeth Thvne, San Luis Obispo,spoke in support of staffs recommendation .
Linda Groover,SanLuis Obispo,spoke in support of Allen Cooper's letter submitted t othe Council and in support of staffs recommendation .
Attachment 4
February 8, 201 1
SUBJECT :
Public Information Worksho p
Safety Element update (Fire Hazards chapter) for the City of San Luis Obispo
WHAT :
The City of San Luis Obispo will host a second workshop in anticipation of proposed updates t o
the City's General Plan Safety Element Fire Hazards Policies and Map . This workshop will focu s
on proposed policy alternatives to be recommended to the Planning Commission and City Council .
WHEN/WHERE :.
Thursday, February 24, 2011, 5 :30 PM, Ludwick Community Center, 864 Santa .Rosa Street .
WHY :
You have received this letter because you own property within or near an identified State -
designated Very High Wildfire hazard zone . The State Fire Agency, Cal Fire, adopted maps t o
designate areas that are subject to Very High Wildfire hazard and some of these areas are within o r
immediately adjacent to the City limits . Every jurisdiction is required to reflect these maps in their
local documents . Cities also have an opportunity to identify a Wildland-Urban interface area fo r
properties near the mapped Very High Wildfire Hazard area . If the City adopts an interface area ,
new structures built in that area will be subject to the same enhanced building standards that ar e
now required in the Very High Wildfire Hazard Area .
INPUT NEEDED :
The City will be looking for your input on proposed alternatives for the Wildland-Urban interfac e
area and the associated policies for the Safety Element . The Planning Commission and City Counci l
will ultimately receive a recommendation regarding these updates based on staff input an d
community response . The new maps and policies will determine where enhanced buildin g
standards for new buildings will be applied . Your property may fall within this area .
NEXT STEPS :
The City Planning Commission will consider the proposed amendments to the General Plan alon g
with input from City residents at a public hearing tentatively scheduled for 6 :00 PM, March 9, 2011 .
The Commission's recommendation will be a recommendation to the City Council .
Additional information, including questions and answers, can be found on the City's website at :
http//www.ci. san-leis-obispo .ca .us/coimnunitydeveloprnent/longrange .as p
A black and white version of the map has been attached for reference :
Sincerely,
Phil Dunsmore, Senior Planne r
(805) 781-7522
PHI-1 8
Tim Girvin, Building Official
Charlie Hines,City Fire Chie f
"l"t:iirvin ),slocity .org
chines ~r>slocity .o
dunsmor a slocit .o r
(805) 781-7159
(805) 781-7380
Attachment 4
Attachment 5
Public Workshops Summar y
The first workshop on January 13, 2011, was primarily intended to provide information an d
gather feedback on the proposed General Plan amendments, including the proposed location o f
the WUI . Staff discussed the proposed building code changes and identified when project s
would trigger the need to incorporate the new the new building standards . Fire Chief Charli e
Hines, Chief Building Official Tim Girvin, City Fire Marshall Rodger Maggio, Natura l
Resources Manager Neil Havlik, and Community Development Department staff facilitated th e
workshop, with approximately 20 property owners in attendance . Concerns expressed b y
attendees echoed the concerns expressed at the Council meeting : Treatment of fire fuels withi n
City open space areas adjacent to their properties and concerns about establishing an interfac e
zone which might trigger increases to fire insurance rates or make insurability infeasible .
Several attendees at this workshop recommended the City not adopt a separate Wildland Urba n
Interface (WUI) area but merely adopt the State fire hazard map which showed the very high fire
hazard areas within the City limits . Other input included a request to modify vegetation in th e
City Irish Hills open space area . Finally, several participants wanted to know how the curren t
effort to update the fire hazard map fit into the overall approach to fire safety for the City .
On February 24, 2011 an additional workshop was held to respond to the inquiries an d
recommendations presented at the first workshop . Staff discussed alternatives to the map an d
policy amendments and presented a preferred alternative . Staff was unable to disprove claim s
that insurance rates would increase as a result of a new interface zone : representatives from th e
insurance industry indicated that companies utilize many other criteria to calculate fire risk an d
insurance rates such as access, emergency response time, hydrant location, and type o f
construction . However, at this workshop it became apparent that members of the public wer e
deeply concerned about being incorporated within a Wildland Urban Interface zone because o f
insurance concerns .
With several alternatives formulated, staff held an additional workshop on August 18, 2011 .
Instead of suggesting a 1,000 foot WUI around the Very High Fire Severity Hazard zones, staff
introduced an alternative approach to map the WUI utilizing the Fire Department's "Pre-Fire "
area map . The Pre-Fire map was developed to identify wildfire risk and wildfire hazards withi n
the City based on a variety of factors including proximity to open space areas . However ,
workshop attendees strongly favored an alternative that either required the entire City to b e
declared a WUI zone or that no such zone be identified . Property owners did not want the stigm a
of being within a "special" zone . ,However, property owners expressed favored constructio n
standards that increased new structure resistance to wildfires
The information gathered at the public workshops has been utilized to formulate the curren t
recommendation which is to adopt only the mandated Very High Fire Hazard Fire Severity Zon e
which has already been adopted by the state . Additionally, staff is recommending that Citywid e
enhancements to the building code are incorporated to increase fire resistance in ne w
construction .
Attachment 6
4-FIR E
Fires cause significant losses to life, property, and the environment . They occur in bot h
urban and rural settings . Urban fire hazards result from the materials, size, and spacing of
buildings, and from the materials, equipment, and activities they contain . Additional factors
are access, available water volume and pressure, and response time for fire fighters .Fire
hazards in rural areas, or on the edge between urban and rural land, combine these factor s
with land slope and natural and modified vegetation . The mosaic of grassland, scrub an d
chaparral, and oak woodland around San Luis Obispo has been shaped by, and to som e
extent depends on, fire . Where the burning of natural vegetation is a threat to people's live s
and property, plant fuels are often managed by replacement planting, cattle grazing ,
plowing, or controlled burns .
At the start of the rainy season in Fall 1999, the City conducted a prescribed burn on th e
Bishop Peak natural preserve, to reduce fuel accumulation and the risk of uncontrolled fire .
"Wildland" is a shorthand way of referring to conditions mostly resulting from natura l
vegetation's properties as fuel and the steepness of the land, which affect how fast fir e
spreads and limit fire-fighting methods . San Luis Obispo faces wildland fire hazards du e
mainly to its climate and to the hills around and within the city . Areas with high wildland fire
hazard include the Irish Hills, Santa Lucia foothills, Cerro San Luis Obispo, Bishop Peak ,
and Islay Hill (Figure 2).
Urban fire hazards are increased by concentrations of wood-frame structures, particularl y
multifamily developments, mobile homes, and older structures having outdated heating an d
electrical systems and lacking fire-detection and suppression features .
Preventing the start and spread of fires was one of the original purposes of building an d
zoning regulations . San Luis Obispo has adopted fairly typical zoning regulations fo r
building size and spacing, and standard codes that address fire safety in detail . In addition ,
the city has adopted requirements for automatic fire sprinklers and fire-resistive roo f
materials that exceed minimum statewide requirements .
PHI 21
Attachment 6
FIGURE 14.2 : WILDLAND FIRE HAZAR D
C,kfy 'i't,'etefll 1G
Midland Fire Hazard
Hazard
gen_ra sl+cue ar'c'y F
C to ~.rw =::tari,_
=nf Fire a.':err
.an Resrr;e
®'a =aci -is s
ire award Rates
a nr rra--The rop by its s r,ai
T-:=rapiT3"ybereMs i o ,reap'seb:
Attachment 6
Fire prevention and suppression services are provided by the City Fire Department, whic h
maintains four fire stations (Figure 2). A key challenge for the City is providing adequate fir e
protection for the expansion areas identified in the Land Use Element, in particular the existin g
development to be annexed as part of the Airport Area .
1 .0 Policy S : Adequate Fire Service s
Development should be approved only when adequate fire suppression services and facilities ar e
available or will be made available concurrent with development, considering the setting, type ,
intensity, and form of the proposed development .
1 .1 Policy S : Wildland Fire Safet y
A . Wildland fire hazards shall be classified as follows :
Wildland Fire Classification s
Vegetation
extensive urban development or vacant land wit h
minimal vegetation ; most urban ornamental landscaping ;
extensive surface water ; perennial wetlands ; row crops ;
orchards and vineyards with no understory grass o r
brush ; irrigated or closely grazed pasture ; extensive roc k
or san d
Classificatio n
Low
Slop e
any slope
grasslands ; oak woodland ("savannah" type, excludin g
chaparral); cactus scrub 0 to 40 percen t
riparian dominated by willows, sycamore, oa k
Moderate grasslands ; oak woodland ("savannah" type, excludin g
chaparral); cactus scru b
riparian dominated by willows, sycamore, oa k
riparian dominated by bay, conifer s
orchards and vineyards with some understory grass o r
brus h
High grasslands ; oak woodland ("savannah" type, excludin g
chaparral); cactus scru b
chaparral and scrub (excluding cactus scrub )
riparian dominated by bay, conifer s
orchards and vineyards with some understory grass o r
brus h
extensive stands of eucalyptus or coniferous tree s
Extreme grassland s
chaparral and scrub (excluding cactus scrub)
0 to 40 percen t
0 to 40 percen t
40 to 60 percen t
40 percent or mor e
0 to 40 percen t
0 to 60 percen t
61 percent or mor e
0 to 40 percent
40 to 60 percent
61 percent or more
0 to 60 percent
61 percent or more
41 percent or mor e
riparian dominated by bay, conifers 61 percent or mor e
extensive stands of eucalyptus or coniferous trees 61 percent or more
Notes : When classifying areas of several hectares (acres) having a strip, patch, or small-scal e
mosaic of vegetation and slope types, the most severe classification that is generally represented
Attachment 6
Wildland Fire Classification s
Classification Vegetation S lop e
within the adjacent types shall be used .
Unusual conditions, such as a wetland's accumulation of dried reeds during a prolonged drought ,
may result in a vegetation type temporarily having a higher actual hazard than indicated by it s
classification, which reflects the typical cycle of seasonal conditions .
B.Development shall be excluded from areas of high and extreme wildland fire hazard .
C.Buildings that are in areas of moderate fire hazard and which are close to areas o f
high or extreme fire hazard shall have non-combustible exteriors ; noncombustible
exteriors are encouraged for all buildings in moderate fire hazard areas .
D.In areas of moderate or higher wildland fire hazard, defensible space –accessibl e
space free of highly combustible vegetation and materials– shall be provided aroun d
all structures .
E.It is recognized that vegetation types, and therefore wildland fire hazards, ma y
change due to natural causes and human activity. Changes are expected to be
minimal in areas that the Land Use Element designates as Open Space . Substantia l
changes are expected in areas that the Land Use Element designates fo r
development. Any losses of native plant habitat must be mitigated as required by th e
Conservation and Open Space Element.
PHI -24
Attachment 7
ice'..city of san Luis oBisp o
INITIAL STUD Y
ENVIRONMENTAL CHECKLIST FOR M
For GPA 77-1 0
General Plan Text Amendmen t
Building Code amendment s
1.
Project Title :Fire Hazards and the Safety Element of the General Plan/Chapter 7a of th e
building cod e
2.
Lead Agency Name and Address :
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 9340 1
3.
Contact Person and Phone Number :
Phil Dunsmore, Senior Planner (805) 781-7522, e-mail : Pdunsmore@slocity .org
Project Location :Citywid e
5.
Project Sponsor's Name and Address :
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 9340 1
6.
General Plan Designation :Citywide ; may be within multiple designations .
7.
Zoning :Citywide ; may be within multiple zoning districts .
8.Description of the Project :The project involves revisions to the City's General Plan Safety
Element (Fire Hazards Chapter) to implement the fire severity zone map mandated by th e
California Department of Forestry and Fire Protection (Cal Fire) and amendments to the City's
Building Code provisions to address Chapter 7 a requirements . Section 51178 and 51181 of th e
government code defines the Cal Fire Director's responsibility to identify very high fire hazar d
severity zones, and transmit this information to local agencies for local implementation . Th e
purpose of this Government Code is to identify land within very high fire hazard severity zone s
so that public officials are able to identify measures that will mitigate uncontrolled fires tha t
threaten to destroy resources, life, or property, and to require that those measures be taken .
Property within, or adjacent to very high fire severity zones will be required to utilize Wildland-
Urban Interface Fire Area Building Standards to minimize the threat of property damage in th e
event a wildfire occurs in close proximity to these properties . These building standards ar e
CITY OF SAN LUIS OBISPO 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI-25
Attachment 7
implemented by the building code. The purpose of the General Plan update is to align th e
General Plan policies with the government code, and to help guide the pattern of futur e
development . The objective of the Wildland-Urban Interface Fire Area Building Standards is to
establish minimum standards for materials and material assemblies and provide a reasonabl e
level of exterior wildfire exposure protection for buildings in Wildland-Urban Interface Fir e
Areas .
The implementation of the Cal Fire map will result in the replacement of the City's Fire Hazard
map that was created from local slope and vegetation cover data . Text and policy amendment s
are included to define the new Cal Fire hazard zones and to clarify the building and safet y
impacts of the new criteria . The proposed draft of the amendments has been included a s
Attachments 1 and 2 .
Surrounding Land Uses and Settings :Citywide .
10.
Project Entitlements Requested :General Plan text, graphics amendment, Building Cod e
amendment (Title 15 of the Municipal Code), Environmental Review .
11.
Other public agencies whose approval is required :None .
12.
Attachments :
Attachment 1 : Draft of proposed amendment s
CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -26
Attachment 7
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED :
The environmental factors checked below would be potentially affected by this project, involving at leas t
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages .
Aesthetics Greenhouse Gas Emissions Noise
Agriculture
&
Forestry
Resources
Hazards & Hazardou s
Materials
Population / Housin g
Air Quality Hydrology / Water Quality Public Service s
Biological Resources Land Use / Planning Recreation
Cultural Resources Mandatory
Findings
of
Significance
Transportation / Traffic
Geology / Soils Mineral Resources Utilities / Service Systems
FISH AND GAME FEE S
X
There is no evidence before the Department that the project will have any potential adverse effects on fis h
and wildlife resources or the habitat upon which the wildlife depends . As such, the project qualifies for a
de minimis waiver with regards to the filing of Fish and Game Fees .
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fis h
and Game fees pursuant to Section 711 .4 of the California Fish and Game Code . This initial study has bee n
circulated to the California Department of Fish and Game for review and comment .
STATE CLEARINGHOUS E
This environmental document must be submitted to the State Clearinghouse for review by one or mor e
State agencies (e.g . Cal Trans, California Department of Fish and Game, Department of Housing an d
Community Development). The public review period shall not be less than 30 days (CEQA Guideline s
15073(a)).
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI 2 7
Attachment 7
DETERMINATION :.
On the basis of this initial evaluation :
I find that the proposed project COULD NOT have a significant effect on the environment, an d
a NEGATIVE DECLARATION will be prepared .
x
I find that although the proposed project could have a significant effect on the environment ,
there will not be a significant effect in this case because revisions in the project have bee n
made,or the mitigation measures described on an attached sheet(s) have been added an d
agreed to by the project proponent . A MITIGATED NEGATIVE DECLARATION will be
prepared .
I find that the proposed project MAY have a significant effect on the environment, and a n
ENVIRONMENTAL IMPACT REPORT is required .
I find that the proposed project MAY have a "potentially significant" impact(s) or "potentiall y
significant unless mitigated" impact(s) on the environment, but at least one effect (1)has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attache d
sheets . An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only th e
effects that remain to be addresse d
I find that although the proposed project could have a significant effect on the environment ,
because all potentially significant effects (1) have been analyzed adequately in an earlier EI R
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoide d
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revision s
or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature
Dat e
Olhiak CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI - 2 8
DougDavidson, Deputy Director of Community Development
For : John Mandeville,
Printed Name Community Development Directo r
Attachment 7
EVALUATION OF ENVIRONMENTAL IMPACTS :
L A brief explanation is required for all answers except "No Impact" answers that are adequately supported by th e
information sources a lead agency cites in the analysis in each section . A "No Impact" answer is adequatel y
supported if the referenced information sources show that the impact simply does not apply to projects like the one
involved (e .g . the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it i s
based on project-specific factors as well as general standards (e .g. the project will not expose sensitive receptors t o
pollutants, based on a project-specific screening analysis).
2 .
All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts .
3 .
Once the lead agency has determined that a particular physical impact may occur, then the checklist answers mus t
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant .
"Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant, If there ar e
one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required .
4 . "Negative Declaration : Less Than Significant With Mitigation Incorporated" "applies where the incorporation o f
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact ."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less tha n
significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced).
5 . Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has bee n
adequately analyzed in an earlier EIR or negative declaration . Section 15063 (c) (3) (D) In this case, a brief
discussion should identify the following :
a)Earlier Analysis Used . Identify and state where they are available for review .
b)Impacts Adequately Addressed . Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effect s
were addressed by mitigation measures based on the earlier analysis .
c)Mitigation Measures . For effects that are "Less than Significant with Mitigation Measures Incorporated," describ e
the mitigation measures which were incorporated or refined from the earlier document and the extent to which the y
addressed site-specific conditions for the project.
6 . Lead agencies are encouraged to incorporate into the checklist references to information sources for potentia l
impacts (e .g . general plans, zoning ordinances). Reference to a previously prepared or outside document should ,
where appropriate, include a reference to the page or pages where the statement is substantiated .
7 .
Supporting Information Sources : A source list should be attached, and other sources used or individuals contacte d
should be cited in the discussion .
8 . This is only a suggested form, and lead agencies are free to use different formats ; however, lead agencies shoul d
normally address the questions from this checklist that are relevant to a project's environmental effects in whateve r
format is selected .
9 .
The explanation of each issue should identify :
a)the significance criteria or threshold, if any, used to evaluate each question ; and
b)the mitigation measure identified, if any, to reduce the impact to less than significanc e
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -2 9
CITY OF SAN LUIS OBISPO 5
Attachment 7
Issues, Discussion and Supporting Information Sources Sources Potentially
Significant
Potentiall y
Significant
Less Than
Significant
N o
Impact
ER # 77-10 Issues Unles s
Mitigation
Impac t
Safety Element Fire Section amendments Incorporated
1 . AESTHETICS. Would the m ro'ect :
!lave a substantial adverse effect on a scenic vista :'
h) Substantially damage scenic resources . including . but not limite d
to i t rees_ rock . outcroppings . open space, and historic building s
within a local or state scenic highway ?
c)Substantially degrade the existing visual character ur quality o f
the site and its SnrTo ndine ?
d)Create a new source of substantial light or glare . which woul d
adversely affect day or nighttime views in the area ?
Evaluatio n
a) The Very High Fire Hazard areas are generally concentrated within open space areas outside of the City limits . The
government code that requires enhanced building codes and vegetation management do not apply to open space zones ,
conservation areas, or wildlife areas . The government code changes only apply to development properties . The new map an d
regulations will regulate the built environment and require new structures within fire hazard areas to comply with th e
Wildland-Urban Interface Fire Area Building Standards . These standards are not likely to affect the off-site views of sceni c
vistas since the new standards will not increase building intensity nor increase the areas in which structures may be built .
Instead these policies will regulate how the structures will be built and how fire fuels will be maintained near the ne w
structure . The new policies do not alter how open spaces and natural resources are maintained, only how vegetation i s
maintained in proximity to a new structure and only within the private property associated with the new structure .
Furthermore, the new standards do not regulate the maintenance of vegetation around existing structures ; the policies onl y
apply to new structures .
However, minor changes in fuel management, including the removal of vegetation within close proximity of new structure s
may be a result of new construction within designated private development sites . However, the City's open space an d
conservation policies closely regulate the removal of trees and native vegetation ; including trees and vegetation within a
private property . The protection of native trees and vegetation exceeds the priority of fuel management ; therefore the location
of new structures will be limited by existing trees and vegetation rather than requiring trees and vegetation to be removed t o
make room for new structures . Impacts to aesthetics- including the modification of trees and vegetation within scenic vista s
would not occur as result of these amendments, but may occur on a project specific basis in conjunction with new
construction in order to mitigate the potential impacts of wildfire . These aesthetic impacts are considered less than significan t
and are not a direct result of this policy change, but instead a potential result of future development within the urban interfac e
zones and the result of statewide building code updates that occurred in 2008 . Every new development project requires a
comprehensive review of all City polices ; including those policies that regulate open space, natural resources and aesthetics .
b)Other Scenic Resources - Highway 101 through portions of San Luis Obispo is designated as a roadway of moderat e
scenic value in Figure 11 of the COSE . Amendments to the fire hazard maps will not result in the expansion of urban
development or alteration of views from scenic highways because the new maps will designate fire hazard areas and prescrib e
building standards for these areas .
c)Visual Character and Quality - The proposed text and map amendments would not have an adverse impact on the visua l
character or quality of the City because the amendments will expand the City's authority in regulating development withi n
wildland fire hazard areas and the urban interface .
d)Light and Glare - The project will not create a new source of substantial light or glare .
Conclusion :Less Than Significant Impact . No mitigation required. The proposed code language requires compliance wit h
Conservation and Open Space policies and does not encourage fuel management that impacts natural resources . Also see
Biological Resources .
CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -3 0
X
X
Httacnment f
Issues, Discussion and Supporting Information Sources Sources Potentially
Significant
Potentially
Significant
Less Than
Significant
No
Impact
ER # 77-10 Issues Unles s
Mitigation
Impact
Safety Element Fire Section Amendments Incorporated
2 . AGRICULTURE & FOREST RESOURCES . In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Sit e
Assessment Model (1997) prepared by the California Dept . of Conservation as an optional model to use i n
assessing impacts on agriculture and farmland . In determining whether impacts to forest resources, includin g
timberland are significant environmental effects, lead agencies may refer to information compiled by th e
California Department of Forestry and Fire Protection regarding the state's inventory of forest land, includin g
the Forest and Range Assessment Project and the Forest Legacy Assessment project ; and forest carbo n
measurement methodology provided in Forest Protocols adopted by the California Air Resources Board . Woul d
the project :
a) Convert Prime Farmland, Unique Farmland, or Farmland of 1,2,1 0
Statewide Importance (Farmland), as shown on the 'nap s
pursuant to the Farmland Mapping and Monitoring Program o f
the California Resources Agency . to non-agricultural use ?
b)Conflict with existing zoning for agricultural use or a
1Villiemson Act contract ?
c)Conflict with existing zoning,for, or cause rezoning of, fores t
land as defined in Public Resources Code section I2220(,g.n ,
timberland (as defined by.Public Resources Code section 420),
or timberland zoned Timberland Production (as defined b y
Government Code section 51104 (g ))'?
d Result in the loss of forest land or conversion of forest land t o
non-forest use'?
Involve other chan g es in the existing environment which, due t o
their location or nature, could result in conversion of Farmlan d
to non-agricultural use or conversion of forest land to non-fores t
use ?
Evaluation
a)The text amendment is to implement Cal Fire's fire hazard map as it pertains to the City of San Luis Obispo . This map will
regulate the built environment and require new structures within fire hazard areas to comply with the Wildland-Urban
Interface Fire Area Building Standards . The highest concentration of Very High Fire Hazard areas are within open spac e
areas outside of the City limits which typically contain farmland . This text amendment does not directly affect farmland an d
only pertains to the creation of defensible space around new structures . The new standards will not increase building intensit y
or the areas in which structures may be built . These changes would not occur as a result of these amendments, but may occu r
on a project specific basis in order to mitigate the potential impacts of wildfire . Impacts on farmland are considered less tha n
significant and are not a direct result of this code change, but instead a potential result of future development within the urba n
interface zones . Since the map and policy amendments do not promote new development in agricultural or open space zones ,
impacts to such zones should not occur as a result of the proposed amendments.
b)The text amendment will have no impact on any Williamson Act contract or agricultural zoning for agricultural use .
c)The proposed project would not change the environment in a way that could result in conversion of farmland to non -
agricultural uses .
d)This text amendment does not directly affect forest land but instead affects the placement of new structures within close
proximity to forest lands due to the need for a defensible space free of highly combustible vegetation and materials aroun d
new structures . However, the City's Conservation and Open space policies are designed to protect forest land, and the
location of new structures will be determined by existing fuels rather than requiring modification of fire fuels (trees an d
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI 3 1
Attachment 7
Issues,Discussion and Supporting Information Sources Sources Potentially
Significant
Potentiall y
Significant
Less Than
Significant
N o
Impac t
ER # 77-10 Issues Unles s
Mitigation
Impac t
Safety Element Fire Section Amendments Incorporate d
vegetation). Furthermore, the new building code only requires fuel modification (i .e . the removal of dead trees, low limbs, an d
dense underbrush) and not the complete removal of trees and vegetation .
The new standards will not increase building intensity or the areas in which structures may be built . These changes would no t
occur as a result of these amendments, but may occur on a project specific basis in order to mitigate the potential impacts o f
wildfire . The impacts on forest land are considered less than significant and are not a direct result of this code change, bu t
instead a potential result of future development within the urban interface zones .
e)Impacts are less than significant, refer to a) and d) above .
Conclusion :Less Than Significant Impact .
3 .AIR QUALITY . Would the project :
a t
h l
c )
d )
c)
V relate any air aualily standard or contribute ubstantialll to a n
cyistin g or projected nor ilualitr,iolation'.'
Conflict „ith or obstruct implementation of the applicable ai r
quality plan ”
Expose sensitive receptors to substantial pollutan t
coneentr,ttiou r '
Create obicetionable odors affecting a suhstalllial number o f
people ?
Result in a cumlrlalivcly Considerable net increase of ans criteri a
pollutant lot which the proiecl region k non-awllnlllent under a n
applicable federal Or state ambient air quality standar d
(including ref a>In~a emissions VV111Ch CXCeed qualitative
11,12 X
X
X
X
X
thresholds fot' ozone precursor,,)?
Evaluatio n
a), b), c), d), e) There are no known air quality impacts as a result of the implementation of new fire hazard maps and policies .
This amendments will regulate the built environment and require new structures within fire hazard areas to comply with th e
Wildland-Urban Interface Fire Area Building Standards . This text amendment will have an indirectly positive affect on air
quality by reducing the spread of fire, through regulating development.
Conclusion:No Impact
4. BIOLOGICAL RESOURCES.Would the project:
a )
h l
c t
d)
Ilave a substantial adverse effect, either directly or indirectly o r
through habitat modifications .on any species identified as a
candidate . sensitive, or special status species in local or regiona l
plans .policies,or regulations, or hr the California Departmen t
Ot Fish and t or 1 I .S .fish and Wildlife service ?
Rase n substantial adver e effect,on ally riparian habitat o r
Other sen ;itiye natural coulnlUnit y identified in local or regiana l
plans . policies, or regulation,.Or by the California Departmen t
of Fish and Gavle or S . fish and \.st,ildlife Service'.'
Conflict ith an .local policies or ordinances protectin g
blolo)rica11 resources,such as a tree prCSeryatiOn policy o r
ordinance te .e . I leritage rees),_
Intericre SUbst antiallr with the movement of am native residen t
Or 1110'atOry fish or ACIldliIC Species Or A1Ith established nativ e
resident or miiaratory s ildiife corridors,or impede the use of
6 X
X
X
X
CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI-3 2
muacnment r
Issues,Discussion and Supporting Information Sources Sources Potentiall y
Significant
Potentiall y
Significant
Less Tha n
Significant
N o
Impact
ER # 77-~Issues Unles s
Mitigation
Impac t
Safety Element Fire Section Amendments Incorporated
wildlife nursery sites ?
c)Conflict with the provisions of an adopted habitat Conservatio n
Plan, Natural Community Conservation Plan, or other approve d
local_ regional, or state habitat conservation plan ?
I) I lave a substantial adverse effect on federally protected wetland s
as defined in Section 404 of the Clean Water Act (including . bu t
not limited to, marshes . vernal pools, etc .) through direc t
removal . filling . hydrological interruption .or other mean s
Evaluation
a), b), c), d),e),f) The proposed new General Plan policies and Fire Hazards map will have the result of adding ne w
development standards for new development projects . The new map and policies will also be utilized to guide the appropriat e
location of new development . No known impacts to biological resources is likely to occur as a result of the amendments .
Instead, the new policies and maps will specify where the Wildland Urban Interface Building Codes (which are alread y
adopted by the State and the City) will apply . Since these new codes will apply only to new development, each new projec t
would need to be reviewed for potential impacts to Biological Resources . However, the policies do not mandate habitat
modification, vegetation removal, or disturbance of natural resources . The new policies will not increase building intensity o r
the areas in which structures may be built . Any potential impacts to Biological Resources as a result of the map and polic y
update are considered less than significant and are not a direct result of this amendment, but instead a potential result of futur e
development within the urban interface zones . New development within urban interface zones will be required to remov e
vegetation and fire fuels which may result in the modification of biological habitat, however, the City's Conservation an d
Open Space policies supersede the need to remove fire fuels and will prohibit vegetation removal unless mitigated by th e
proposed development project on a site-specific basis .
d)The proposed text and map amendments will not directly interfere with the movement of any wildlife species or migrator y
wildlife corridor . No specific development project is proposed . However, fuel modifications surrounding a structure in areas
of Moderate or High wildland fire hazard must be consistent with policies required by the City's Conservation and Ope n
Space Element . Therefore the affect on the movement of any native resident or migratory fish, wildlife species, native residen t
or migratory wildlife corridors is less than significant .
e)The new policy text and map amendment will not conflict with any local policy protecting biological resources nor an y
adopted habitat conservation plan, or Natural Community Conservation Plan, or other approved local, regional, or stat e
habitat conservation plan since the amendments will not result in the,expansion of urban development .
f)The project will have no adverse effect on Federally protected wetlands .
Conclusion :Less than Significant Impact . Policy language includes consistency with City's conservation and Open Spac e
policies which are designed to protect Biological Resources- no further mitigation required .
5 . CULTURAL RESOURCES . Would the project :
a)Cause a substantial adverse change in the significance of a
historic resource? (See CFQA Guidelines 15064 .5 )
b)Cause a substantial adverse change in the significance of a n
archaeological resource? (See CFQA Guidelines 15064 .5 )
c)Directly or indirectly destroy a unique paleontological resourc e
or site or unique geologic feature ?
d)Disturb any human remains, including those interred outside o f
formal cemeteries ?
Evaluation
a), b),c),d) The new map and text amendment will regulate the built environment and require new structures within fire
hazard areas to comply with the Wildland-Urban Interface Fire Area Building Standards . The new policies will not increas e
16-1 9
2 5
2 5
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -3 3
Attachment 7
Issues, Discussion and Supporting Information Sources Sources Potentially
Significant
Potentially
Significant
Less Than
Significant
N o
Impact
ER # 77-1 C Issues Unles s
Mitigation
Impact
Safety Element Fire Section Amendments Incorporated
building intensity nor increase the areas in which structures may be built, and will regulate new development in certain zone s
by requiring a development plan to manage fuels, maintain a buffer zone, and provide adequate fire protection . This will stand
to preserve cultural resources . However, minor changes infuel management may result from changes to the regulations withi n
the wildland urban interface. These changes would not occur as result of these amendments, but may occur on a projec t
specific basis in order to mitigate the potential impacts of wildfire . These amendments will have a less than significant impac t
on cultural resources .
Conclusion :Less than significant Impact )
6 . MINERAL RESOURCES . Would the project :
a)Conflict vv ith adopted energy comer ation plans?6,7
hI I se 11011-renewable resources in a vvastefnl and inefficien t
manner ?
c)Result in the Ions 111 mailability of a known mineral resourc e
that would be of value to the recion and the residents of th e
State?
X
X
X
Evaluation
a), b), c) The amendments to the fire hazard maps and policies will not conflict with adopted energy conservation plans o r
promote the use of non-renewable resources in an inefficient manner or result in the loss of known valuable mineral resource s
because the new amendments do not increase development, and will therefore not increase the use of energy or resources .
Conclusion :No impact.
7 .GREENHOUSE GAS EMISSIONS . Would the project :
a)GCtlerate areellh011se eas on11SSlon~. either dlrectls 01 .1ndlreetlr .
that Iu,ly have a sienilicant impact on the ensIronnlent .'
hi Conflict with an applicable plan, polies or regulation adopte d
101"the purpose ill reducing the ci fissions of grCCnhOltse oases?
X
X
Evaluation
a),b) The proposed policy and map amendments are not likely to result in the generation of greenhouse gas emissions no r
conflict with an applicable plan, policy or regulation adopted for the purpose of reducing greenhouse gas emissions becaus e
the amendments do not increase development, vehicle trips, or anything that would produce significant greenhouse ga s
emissions. They aim to decrease greenhouse gas emissions by regulating development in order to decrease fire . The purpose
of the amendments would be to reduce the risk of the spread of wildfire and therefore to reduce the potential for wildfires tha t
contribute to greenhouse gas emissions .
Conclusion :No Impact .
8 . GEOLOGY AND SOILS. Would the project:
kspose people or structures to potential substantial adverse 5,21 ,
effects .including risk of loss,injul\or death involving :24
I .Rupture OI a known earthquake fault .as delineated in th e
most recent AIqukt-Priole l arthquake fault Zonin g N-la p
issued hs the State C ;eolo g ist for the area . or based on othe r
substantial cvldenc :;01 a kn01111 laulr.i
X
CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -3 4
Attachment :7
Issues,Discussion and Supporting Information Sources Sources Potentiall y
Significant
Potentiall y
Significant
Less Than
Significant
No
Impac t
ER # 77-10 Issues Unles s
Mitigation
Impac t
Safety Element Fire Section Amendments Incorporated
11 . Strong seismic ground shaking `.
It, Seismic-related =round failure, including liquefaction ?
IV . Landslides or mudllows ?
h) Result in substantial soil erosion or the loss of topsoil ?
c
Be located on a geologic unit or soil that is unstable, or tha t
would become unstable as a result of the project, and potentiall y
result in on or off site landslides . lateral spreading . subsidence ,
liquefaction, or collapse ?
d) Be located on expansive soil, as determined in accordance wit h
AS'FM D4829 per California Building Code (CRC). creating
substantial risks to life or property ?
Evaluation
a I, II, III), c), d) The new map and text amendment will regulate the built environment and require new structures within fire
hazard areas to comply with the Wildland-Urban Interface Fire Area Building Standards and is not likely to increase buildin g
intensity nor increase the areas in which structures may be built . Because the amendments will not result in the expansion of
urban development there will be no known adverse effects, including risk of loss, injury or death involving rupture of a know n
earthquake fault, strong seismic ground shaking, or seismic-related ground failure including liquefaction .
a IV)
b) As an indirect affect of this map and text amendment, clearing vegetation around structures in areas of "Moderate"or
"High" wildland fire hazard will be necessary to provide an area of accessible space free of highly combustible vegetation an d
materials. The impact of this on soil erosion and topsoil loss is less than significant .
Conclusion : Less than significant Impact .
9 . HAZARDS AND HAZARDOUS MATERIALS . Would the project :
a)Create a significant hazard to the public or the environmen t
through the routine use, transport or disposal of hazardou s
materials ?
b)Create a significant hazard to the public or the environmen t
through reasonably foreseeable upset and accident condition s
inv olving the release of hazardous materials into th e
enviroutncnt`'
el limit hazardous emissions or handle hazardous or acutel y
hnzardous materials, substances, or s ante within one-quarte r
mile of an existing or proposed school ?
d)Expose people or structures ti p e .xistin sources of hazardou s
emissions or hazardous or acutely hazardous materials .
substances, or waste ?
e)Be located on a site which is included on a list of hazardou s
materials sites compiled pursuant to Government Code Sectio n
65962 .5 and, as a result, it would create a significant hazard t o
the public or the environment ?
f} For a project located within an airport land use plan, or withi n
two miles of' a public airport, would the project result in a safety
hazard for the people residing or working in the project area ?
a) Impair implementation of . or physically interfere with . th e
adopted emergency response plan or emergency evacuatio n
plan?
5,
7 ,
23
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI-3 5
1 1
Attachment 7
Issues,Discussion and Supporting Information Sources Sources Potentially
Significant
Issues
Potentially
Significant
Unless
Less Than
Significan t
Impact
N o
Impact
# 77=I,.Mitigatio n
Safety Element Fire Section Amendments Incorporate d
It Lspose people or structures to a significant rash of lose . ii1illrl
or death .ins vine ).k ildlmtd tires, includin g. \),here ss ildlands ar e
adjacent to urbanized areas (rr where residents ate intermixe d
with s ildlands"
X
Evaluation
a),b), c), d) The new map and text amendments do not use, transport, dispose, release, emit,or expose people or structure s
to hazardous materials .
e),fj . There will be no public safety or environmental hazard because no specific development is proposed .
g) There will be no interference with an adopted emergency response plan. Instead, the amendments strive to enhance the
safety between the urban environmental and wildland areas .
h) The new Wildland-Urban Interface Fire Area Building Standards are likely to reduce the risk of fire by the introductio n
of new building code standards that are designed to reduce risks to new structures . Therefore, there is not likely to be an
increase to the potential risks associate with fire .
Conclusion :No Impact
10 . HYDROLOGY AND WATER QUALITY . Would the project :
al Violate any st,;ter quality standards or ssaste discharge 6,15 ,
'Cqu irements?2 2
b)y iibstantialls deplete orurindssater supplies or n,crlcr e
suhstantidlls with groundwater recharge such that time woul d
he a net ()elicit in ;toiler volume or a losserine Ol the loca l
~.;roundssatel .table level (Cc .1 he production rate of pre-esistlfl _
nearby sells would drop to a level ssllieh ssould not support
eAIshR,1 land Uses tOr \A 11101 herllllls hase been _*ranted).'
c)create or contribute runoff water which ssould erected th e
Capaelts O r Or planned Storm (cater Llrainape srste,n1J O r
provide additional sources of runoff into surface water s
tinclndin~>.but not limited to .ssetllrnds .riparian areas .ponds ,
prines, creeks .streams .rivers,lakes . estuaries . tidal areal,.bass .
ocean,etc . )'
di Silhstallhalls alter the esistiti0 dl'amage pattern of the Site O r
area in a manner Abieb could result in substantial erosion o r
siltation ousrte ()I"olistte''
e)Place housing nllhln a Itlt)-■ear hood hazard area as mapped o n
a Federal Flood l Lazard [ioundarr or Flood Insurance Rate la p
or other flood hazard delineation map'_
Il Place within a Ihit-sear flood hazard area structures ssfilc h
would impede or redirect flood doss s ?
Will the project introduce ispical storm (cuter pollutants int o
ground Or suritiec water''
hl Will the project alter ground slater or surface slater quality ,
temperature .dissolsed (P.\Lien, or turhldily'
X
X
X
x
X
X
X
X
Evaluation
CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 012
PHI-36
Attachment 7
Issues, Discussion and Supporting Information Sources Sources Potentiall y
Significant
Issues
Potentiall y
Significan t
Unless
Less Than
Significan t
Impact
N o
Impact
ER # 77-10 MitigationSafety Element Fire Section Amendments Incorporate d
a),b) No known violation of water quality standards, waste discharge requirements, or depletion of groundwater because no
specific development is proposed and the amendments will not stimulate new development or waste discharge .
c) d) In areas of moderate or high wildland fire hazard, clearing of highly combustible vegetation and materials may occu r
in order to create a defensible space around all structures . Significant vegetation removal has the potential to increase runoff
— however this is likely to occur at a less than significant level since the City's stormwater regulations and conservatio n
policies oversee grading, vegetation removal and other aspects associated with development .
e), f), g), h) The code amendments will not result in the placement of housing within a 100-year flood hazard area, n o
introduction of storm water pollutants, and no alteration of ground or surface water .
Conclusion :Less Than Significant Impact .
11 . LAND USE AND PLANNING . Would the project :
Conflict \sitll applicable rand llse plan, policy, or I
ilallon of 1 X
all
,1eenc~
with jurisdiction
over
the project
adopted
for th e
b )
c)
purpose otavoidin
or miti~ating an ens ironmental effect "
Physically diside an established comtllunity ?
Conflict with any applicable habitat conservation plan or natura l
community conservation plans"
X
X
Evaluatio n
a), b), c) The amendments serve to regulate the built environment and require new structures within fire hazard areas to
comply with the Wildland-Urban Interface Fire Area Building Standards therefore, these standards will not increase buildin g
intensity nor increase the areas in which structures may be built . In some circumstances, the clearing of vegetation aroun d
existing or proposed structures (in order to comply with the new standards) may conflict with adopted habitat conservatio n
plans . However, habitat conservation plans, and the City's Conservation and Open Space Element policies take preceden t
over the fire code text amendments . The proposed policy language in the safety element requires any work that is done for fir e
safety to be consistent with the City's Conservation and Open Space Element policies .
Conclusion :Less than Significant Impac t
12 . NOISE . Would the project result in :
a)Fvposure of people to or veneration of „unacceptable noise 4,14,X
letiels as defined bv
the San Luis Obispo General Plan NOlse 2 3
b)
1'.lement,
or
general
noise
levels
in
e\cess
of
standard s
i nestablished
the Noise Ordinance”
XA
substantial
temporary,
periodic .
or
permanent
increase
i n
c)
ambient noise levels in the project vicinity above level s
without the project''
I ypu are of persons to or
cneration of cycvSsivc U,roundbornc X
vibration or Uruundburne noise level s
d)
Ior a project located within an airport land use plan . or ss ithin X
t~so miles of a public airport or public use airport, world th e
project expose people residin~e or ssorkine in the project area t o
ycessivv noise leve l
Evaluation
a), b),c),d) There are no known potential noise impacts generated by the text and map amendments .
Conclusion :No Impact
13
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI 37
Attachment 7
Issues,Discussion and Supporting Information Sources Sources Potentially
Significant
Potentiall y
Significant
Less Than
Significant
N o
Impac t
ER # 77-10 Issues Unless
Mitigation
Impac t
Safety Element Fire Section Amendments Incorporate d
13. POPULATION AND HOUSING . Would the project :
a)Induce suhstantial population grovkth in an area . either directly 1
(10r cyarnple h~plOpr~sine nevv hometi or husine,ses)o r
IntireciIv (I01 eyaInplc .ihrtiu rh e .\ten iun of roads or othe r
11111 tslrncIIII(21 '
b)I)r ;ptaee tinh5lantial numbers of eyktin r hou~in or peopl e
Ileccssitatn`the coniruct Ion of replacement hou in g
eke here?
X
X
Evaluatio n
a) b) The text and map amendments serve to regulate where new development may occur and how it may occur in regard s
to fire risk . Existing residential development will not be affected by the new regulations . There are no known population
and housing impacts since the City's known housing expansion areas are not within or close to significant wildland fir e
hazard areas . No changes are likely to occur to the City existing and future housing stock as a result of the new standards .
Conclusion :No Impac t
14 . PUBLIC SERVICES .
Would the project result in substantial adverse physical impacts associated with th e
provision,or need, of new or physically altered government facilities, the construction of which could caus e
significant environmental impacts,in order to maintain acceptable service ratios, response times, or othe r
performance objectives for any of the public services :
al Fire protection?7
b)I'olice protection?
c)Schools°-
d)}'arks'?
c)Roads and other transportation Inlr,lstrueturc ?
t)C)iher public [actinic', '
X
X
X
X
X
X
Evaluatio n
a) The San Luis Obispo Fire Department (SLOFD) provides emergency and non-emergency fire protection services in th e
City .
Emergency services include fire response, emergency medical response, hazardous materials response, and publi c
assistance . Non-emergency services include fire and life safety inspections, building inspections, fire code investigations, an d
public education .
SLOFD currently operates four stations and maintains a response time goal of four minutes .
The new
regulations will not alter the need for additional services nor change the existing service pattern of fire personnel. Instead, the
new codes are aimed to reduce the potential impacts related to wildland vs urban development . The Fire Department ha s
reviewed and endorsed the proposed changes to the safety element maps and policies .
b) Police protection is provided by the City of San Luis Obispo Police Department (SLOPD).Police services for the area are
based at the station located at the intersection of Walnut and Santa Rosa, just outside of the downtown core area .SLOPD
also operates an un-staffed storefront office on 840 Marsh Street, within the downtown core area . No impacts are anticipate d
to occur to police service s
c) Proposed amendments to the safety element will have no impact on area schools . New development projects are require d
to pay school fees, which are used to offset increased demand for school facilities caused by new development .
d) The proposed project will not result in impacts to area parks since the regulations will not alter park development nor th e
residential development that helps fund parkland .
e) No other public facilities have been identified that could be impacted by the proposed project .
CITY OF SAN LUIS OBISPO 14
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI 3 8
Attachmen t
Issues,Discussion and Supporting Information Sources Sources Potentially
Significant
Potentiall y
Significant
Less Than
Significant
No
Impac t
ER # 77-10 Issues Unles s
Mitigation
Impact
Safety Element Fire Section Amendments Incorporate d
Conclusion : The proposed Safety Element amendments are not likely to result in impacts to public services . Instead, the
enhanced fire safety regulations are likely to reduce the need for public services (i .e . fire response)in the long-term .
15. RECREATION . Would the project :
a )
h)
Increase the use of e .yistin~ neighborhood or regional parks o r
other
recreational
facilities
such
that
substantial
ph)siea l
deterioration of the 11tciIityss ould occur or be accelerated ?
Include
recreational
facilities
or
require
the
construction
o r
eypansion of recreational facilities, sshich might have an adsers e
phssical effect on the ensironrnent?
X
X
Evaluation
a)No impacts to parks or recreation are anticipated .
b)Amending the Safety Element will not result in the expansion of recreational facilities or the modification of existin g
facilities .
Conclusion :No impact .
16 . TRANSPORTATION/TRAFFIC . Would the project :
a )
b )
c )
d )
e )
1)
Cause an increase in Tr affic which is substantial in relation to th e
existing traffic load and capacity of the street s),stem ?
Exceed, either individually or cumulatisely, a
level of sere ic e
standard
established
bV
the
counts
congestion
managemen t
agency for designated roads and high«ass?~
Substantially increase hazards due to design features (e .g . sharp
curses
or
dan~eerou~s
intersections)
or
incompatible
uses
(e .a
farm equipment)?
Result in inadequate emergence access ?
Result in inadequate parking capacity onsite or Otlsite ?
Conflict
ss ith
adopted
policies
supporting
alternate s
transportation (e .g . bus turnouts . bicycle rack,)''
Conflict With the with San Luis Obispo County Airport Land
3 ,
23
13,X
X
X
X
X
X
X
Use Plan resulting in substantial salet_v risks from hazards . noise ,
or a change in air traffic patterns ?
Evaluation
a),b) c) d) e) f) g) Modifying the Fire Safety Zone maps and the accompanying policies is not likely to result in changes to
any transportation and traffic systems, nor modify how emergency access routes are accommodated .
Conclusion :No impact.
17 . UTILITIES AND SERVICE SYSTEMS . Would the project :
a)
Lxceed
wastessater
treatment
requirements
of the
applicable 7, 20 X
Regional Water Quality Control Board ?
bl
Require or result in the const r uction or expansion of Tess water -X
treatment, waslessater treatment . slater quality control, or storm
15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI 3 9
Attachment 7
Issues, Discussion and Supporting Information Sources Sources Potentially
Significant
Potentiall y
Significant
Less Than
Significant
N o
Impac t
ER # 77-10 Issues Unless
Mitigation
Impact
Safety Element Fire Section Amendments Incorporate d
drainage facilities .the construction of vvhiCh could caus e
cl
significant environmental effects ?
11,11c sufficient Water supplies tivailable to serve the
_
project X
d )
e )
I)
IfYom cvistinc entitlements and resources .
expanded Water resixtrees needed?
01 'are new and
X
X
X
Result in a determination hs the wastewater treannent provider ,
Which serves or may serve the project that it has adequat e
cap .tci)to sens e the project's projected demand in addition t o
the prosider's eyislinp commitment ?
13e seised by a landfill with sufficient permitted capacity t o
accommodate the project 's solid waste disposal needs ?
Comply \\nit federal . state . and local statutes and regulation s
related to solid ,baste ?
Evaluation
a) b) c)d) e) f) g) Modifying the fire zones and applicable standards will have no impact to utilities and
the amendments do not result in modifications to water or wastewater services .
service systems sinc e
Conclusion :No impact .
18 . MANDATORY FINDINGS OF INSIGNIFICANCE .
a)Does the proicet have the potential to degrade the quality of th e
environment, substantially reduce the habitat of a fish or w ildlif e
species . cause a fish or W ildlife population to drop below self-
sustaining levek .threaten to eliminate a plant or anima l
community .reduce the number or rest r ict the range of a rare or
X
endangered plant or animal or eliminate important examples o f
the major periods of California histoi'v or prehistor■''
Impacts are less than significant since the amendments are not likely to result in changes to the environment .
because the amendments will not result in additional development or extensive changes to the wildlan d
balance between protecting the urban environment from wildfire and protecting native vegetation will b e
City's Conservation and Open Space Element policies which protect riparian habitats, native vegetation,
resources surrounding the City .
This is primaril y
environment. The
held in check by the
and open spac e
hl Does the prpieet have impacts that are indis dually limited . but X
eumuulatis lr considerable'("Cumulati ely considerable "
means that the Incremental effects of 21 project are considerabl e
ssilen s iewed in couiueetion With the effects of the past projects _
the effects of other current projects . and the effects of probabl e
future projects )
The impacts idemilied in this initial study are specific to this project and would not be categorized as cumulatively significant.
c)Does the project hose environmental (.J1'1e0ts_which will cause X
substantial adkerse effects on human beings . either directly o r
indirectly?
No potentially significant impacts to human beings have been identified in this initial study that would occur eithe directly or
indirectly .
19. EARLIER ANALYSES .
Earlier analysis may he used where, pursuant to the tiering, progam EAR . or other CL:O .A process . one or more effects hav e
been adequately analyzed in an earlier Elk or Negative Declaration . Section I506? (c) (.3)(Dl .In this case a discussio n
should identity the following items :
INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI-4 0
ow.CITY OF SAN LUIS OBISPO 1 6
Hnacnment r
Issues, Discussion and Supporting Information Sources Sources Potentiall y
Significan t
Issues
Potentiall y
Significan t
Unless
Less Than
Significant
Impact
N o
Impact
ER #77-10 MitigationSafety Element Fire Section Amendments Incorporated
a)Earlier analsis used .ldentitr earlier analyses and state where they are available for review .
N~r A
b)Impacts adequately addressed .Identilw which effects from the above checklist were within the scope o f
analyzed in an earlier document pursuant to applicable legal standards, and state s'hether such eflccis ser e
mitigation measures based on the earlier analysis .
and adequatel y
addressed b y
N/:A
c)NIitigation measures .For effects that are "Less than Significant v+ith Mitigation Incorporated" describe the mitigatio nmeasures which were. incorporated or relined bon) the earlier document and the e .Ntent to Which thev address site specifi cconditions of the projec t
N/A . Mitigation measures are required to reduce potential impacts to cultural resources, however these measures are not a
result of prior environmental studies prepared pursuant to CEQA .
20. SOURCE REFERENCES.
1 .City of SLO General Plan Land Use Element, August 199 4
2 .City of SLO General Plan Housing Element, January 201 0
3 .City of SLO General Plan Circulation Element, November 199 4
4 .City of SLO General Plan Noise Element, May 199 6
5 .City of SLO General Plan Safety Element, July 200 0
6 .City of SLO General Plan Conservation and Open Space Element, April 200 6
7 .City of San Luis Obispo Municipal Cod e
8 .City of San Luis Obispo, Land Use Inventory Databas e
9 .'USDA, Natural Resources Conservation Service, Soil Survey of San Luis Obispo Count y
10 .Website
of the
Farmland
Mapping
and
Monitoring
Program
of the
California
Resources
Agency :
http : //www. consrv. ca . gov/dlrp/FMMP /
11 .Clean Air Plan for San Luis Obispo County, Air Pollution Control District, 200 1
12 .CEQA Air Quality Handbook, Air Pollution Control District, 200 3
13 .Institute of Transportation Engineers, Trip Generation Manual, 7 `h Edition, on file in the Community Developmen t
Departmen t
14 .City of San Luis Obispo Noise Guidebook, May 1996
15 .City of SLO Waterways Management Plan
16 .City of San Luis Obispo, Historic Resource Preservation Guidelines, on file in the Community Developmen t
Department
17 .City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community Developmen t
Department
18 .City of San Luis Obispo, Historic Site Ma p
19 .City of San Luis Obispo Burial Sensitivity Ma p
20.City of SLO Source Reduction and Recycling Element,on file in the Utilities Departmen t
21 .San Luis Obispo Quadrangle Map, prepared by the State Geologist in compliance with the Alquist-Priol o
Earthquake Fault Zoning Act, effective January 1,199 0
22 .Flood Insurance Rate Map (Community Panel 0603100005 CI dated July 7, 198 1
23 .San Luis Obispo County Airport Land Use Pla n
24 .2007 California Building Code
25 .City of San Luis Obispo Safety Element
26 .California Building Code
27 .Cal Fire Wildland-Urban Interface standard s
Attachments :
CITY OF SAN LUIS OBISPO 1 .7
.INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PH1 -4 1
Attachment 7
Issues, Discussion and Supporting Information Sources Sources Potentiall y
Significant
Potentially
Significant
Less Than
Significant
No
Impact
ER # 77-~Issues Unles s
Mitigation
Impact
Safety Element Fire Section Amendments Incorporated
Draft Fire Hazard Map
Legislative Draft of Proposed Amendments to Fire Section of Safety Elemen t
CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 201 0
PHI -42
Attachment 8
City Council Resolution No .(2012 Series )
A RESOLUTION OF THE CITY COUNCIL OF SAN .LUIS OBISPO AMENDIN G
THE CITY'S FIRE HAZARDS CHAPTER OF THE GENERAL PLA N
SAFETY ELEMENT TO IMPLEMENT THE GOVERNMENT CODE .
GP/ER 77-1 0
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on September 22, 2010 to review proposed updates to the General Plan Safet y
Element to implement new Fire Maps and associated policies GPA/ER 77-10 ; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a publi c
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo ,
California, on November 9, 2010, and March 6, 2012 for the purpose of considering th e
amendments to the Fire Hazards Chapter of the General Plan Safety Element ; an d
WHEREAS, the proposed amendments are necessary to implement changes to th e
Government Code and fire hazard map changes adopted by Cal Fire ; an d
WHEREAS, the City Council considered the Initial Study and Negativ e
Declaration of Environmental Impact (ER 77-10) for the project,and determined that th e
document adequately addresses the potential environmental effects of the propose d
project ; an d
WHEREAS, notice of intent to adopt these amendments has been given ; and
WHEREAS, the City Council has duly considered all evidence, including th e
testimony of the applicant, interested parties, and the evaluation and recommendations b y
staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sa n
Luis Obispo as follows :
Section 1 . Findings .Based upon all the evidence, the City Council makes th e
following findings :
1.The proposed General Plan Amendment is consistent with the Government Cod e
in providing updated fire hazard maps and policies for the City .
2.The proposed amendments to the Safety Element Policies and Maps are consisten t
with objectives of CalFire to provide uniform maps and policies for the State o f
California .
3 . The proposed amendments to the Policies will enhance the safety between the
5-1
PH1 -43
Attachment 8
urban environment and the wildland interface by providing updated building an d
safety standards for properties that are within the Very High Fire Hazard Severit y
Zone and other areas of the City, consistent with adopted amendments to the
California Building Code .
4 . A draft Negative Declaration was prepared by the Community Developmen t
Department on September 16, 2010 . The Planning Commission finds an d
determines that the project's Negative Declaration adequately addresses th e
potential significant environmental impacts of the proposed project .
Section 2 .Environmental Review .The City Council does hereby adopt a
Negative Declaration for the project .
Section 3 . Action .The City Council does hereby adopt revisions to the Genera l
Plan Safety Element as shown in Exhibit A .
On motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was passed and adopted this day of 2012 .
Mayor Jan Howell Mar x
ATTEST :
Elaina Cano, City Cler k
APPROVED AS TO FORM :
Christine Dietrick, City Attorney
5-2
PHI -44
Attachment 8
Exhibit A
FIRE
Fires cause significant losses to life, property, and the environment . They occur i nboth urban and rural settings . Urban fire hazards result from the materials,size ,
and spacing of buildings, and from the materials, equipment, and activities the ycontain. Additional factors are access, available water volume and pressure, an d
response time for fire fighters . Fire hazards in rural areas, or on the edge betwee n
urban and rural land, combine these factors with land slope and natural andmodified vegetation . The mosaic of grassland, scrub and chaparral, and oa k
woodland around San Luis Obispo has been shaped by, and to some exten tdepends on, fire . Where the burning of natural vegetation is a threat to people's
lives and property, plant fuels are often managed by replacement planting ,
grazing, plowing, or mechanical clearing ..
"Wildland" is a shorthand description for areas characterized by low density
development, concentrations of natural vegetation and steeper slopes .Wildlan d
areas may be subject to significant fire hazard due to natural vegetation's
properties as fuel, and the steepness of the land, which affect how fast fir espreads and may limit access for fire-fighting . San Luis Obispo faces wildland fir e
hazards due mainly to its climate and to the steeper hillsides around the city .
Areas with high wildland fire hazard include the Irish Hills, Santa Lucia foothills ,
Cerro San Luis Obispo, Bishop Peak, and Islay Hill (Figure 1). Fire hazards i n
wildlands are often compounded by their distance from fire fighting resources .
Fuel modification in conjunction with appropriate construction techniques ma yreduce the risk of wildland fires spreading to the urban environment . In 2009 th e
City Fire Department in cooperation with the Natural Resource Manage r
contracted with the Cal Fire Cuesta Camp Hand Crew to clear or modify natura l
fuels in the Cerro San Luis, Irish Hills, and Bowden Ranch Open Space . Currentl ythe City has contracts with the Cuesta Crew to modify fuels in open space area s
by French Hospital and the Johnson/Fixlini areas . The fire department aims to
reduce fire risk through its weed-abatement program, which covers all wildlan dareas within the city's jurisdiction . The department also works with the County ,
which has a State and locally approved fire management plan that coordinate s
among a number of State, regional, and county agencies .
Construction techniques, including the use of ignition resistant materials an d
building design that can resist the intrusion of flame or burning embers projecte d
by a vegetation fire (wildfire exposure) reflect other efforts California communitie s
have made to avoid the repeating cycle of interface fire disasters .
5-3
Attachment 8
ery High Fire Hazard Severity Zones
Government Code Sections 51175 through 51189 require identification of lan d
within very high fire hazard severity zones so that public officials are able t o
identify measures that will mitigate uncontrolled fires that threaten to destro y
resources, life, or property, and to require that those measures be taken .
Property within these zones is required to utilize Wildland-Urban Interface Fir e
Area Building Standards to minimize the threat of property damage in the event a
wildfire occurs in close proximity to these properties . The objective of th e
Wildland-Urban Interface Fire Area Building Standards is to establish minimu m
standards for materials and construction to provide a reasonable level of exterio r
wildfire exposure protection for buildings in Wildland-Urban Interface Fire Areas .
Policy 3 .0 : Adequate Fire Service s
Development should be approved only when adequate fire suppression service s
and facilities are available or will be made available concurrent with development ,
considering the setting, type, intensity, and form of the proposed development .
Policy 3 .1 : Wildland Fire Safet y
A.Wildland fire hazard severity zones shall be classified as prescribed
by Cal Fire .Areas within the City, outside of the "Very High" Fir e
Hazard Severity Zone, shall be classified by the City's Fire Cod e
Official .
B.New subdivisions shall be prohibited in areas of "Very High" wildlan d
fire hazard as shown in Figure 2 unless part of conservation or ope n
space acquisition program . Development of existing parcels shal l
require a development plan to manage fuels, maintain a buffe r
zone,and provide adequate fire protection to the approval of th e
Chief Building Official . The development plan must be consisten t
with Policies required by the City's Conservation and Open Spac e
Element .
C.The City of San Luis Obispo is considered a "Community at Risk "
due to the threat of wildfire impacting the urban community . The City
shall continue to enhance the fire safety and construction codes fo r
new buildings in order to reduce the risk of urban fires that ma y
result from wildfires . Citywide building code enhancements shoul d
include : Fire resistant exterior wall coverings ; Sprinkler protection i n
attic areas ; and Ember resistant vent systems for attics and unde r
floor areas and other provisions identified in the California Buildin g
Code Chapter 7A .
5-4
PHI - 46
Attachment 8
FIGURE 1 : FIRE HAZARD SEVERITY ZONES
Gat Fire
Fire Hazard ..Severity Zone s
--_City Limit
Maimed "itadca
Local Area ofResponsibiftty
Vary High
stiitc Area ofResponsibiUty
tAh
LO Gbs
5-5
PHI 47
PHI - 48
Attachment 9
ORDINANCE NO . XXXX (2012 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDIN G
TITLE 15 OF THE MUNICIPAL CODE T O
AMEND CONSTRUCTION CODES FOR CONSISTENCY WIT H
GENERAL PLAN SAFETY ELEMEN T
UPDATES TO THE FIRE HAZARDS CHAPTE R
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obisp o
to provide citizens with the greatest degree of fire and life safety in buildings with amendment s
tailored to the City of San Luis Obispo ; an d
WHEREAS, the California Health and Safety Code, Section 17958 .5 and Section
18941 .5, require the City Council, before making any modifications or changes to the Californi a
Building Standards Code pursuant to Health and Safety Code Sections 18941 .5 and 17958 .5, t o
make an express finding that each such modification or change is needed ; and ,
WHEREAS, the California Health and Safety Code Section 17958 .7 requires that suc h
changes must be determined to be reasonably necessary because of local climatic, geological, o r
topographical conditions ; and ,
WHEREAS, such findings must be made available as a public record and a copy thereo f
with each such modification or change shall be filed with the State of California Buildin g
Standards Commission ;
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The findings justifying previous changes and modifications to the adopted
construction and fire codes as contained in Ordinance No . 1033 (1985 Series), Ordinance No .
1105 (1987 Series), Ordinance No . 1169 (1990 Series), Ordinance No . 1170 (1990 Series),
Ordinance No . 1213 (1992 Series), Ordinance No . 1287 (1995 Series), Ordinance No . 128 8
(1995 Series), Ordinance No . 1336 (1998 Series), Ordinance No . 1353 (1999 Series), Ordinanc e
No 1423 (2002 Series), Ordinance No .1453 (2004 Series) and Ordinance 1510 (2007 Series) ar e
hereby affirmed .
SECTION 2 .The provisions of the State Building Standards Code are hereby modified ,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and Council takes said action in furtherance of the public interest i n
protecting life and preserving public safety and property . The City Council hereby determine s
that Sections of the 2010 California Fire Code are required to be modified due to the finding s
contained herein to greater requirements than those set forth in the California State Buildin g
Standards ;
SECTION 3 . Findings .The City Council finds that each of the changes o r
modifications to measures referred to therein are reasonably necessary because of local climatic ,
geological, or topographical conditions in the area encompassed by the boundaries of the City o f
P'H1-49
Attachment 9
San Luis Obispo, and local conditions necessitate said changes or modifications based on th e
following :
A. seasonal climatic conditions during the late summer and fall create numerous seriou s
difficulties in the control and protection against fire situations in the City of San Lui s
Obispo . The hot, dry weather in combination with Santa Ana winds frequentl y
results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains ,
San Luis Mountain, and the Irish Hills areas of the City of San Luis Obispo . Th e
aforementioned areas completely surround the City . When a fire occurs in said areas ,
such as occurred in 1985 when the Los Pilitas fire burned six days and entered th e
City and damaged many structures, the entirety of local fire department personnel i s
required to control, monitor, fight and protect against such fire situations in an effor t
to protect life and preserve property and watershed land . The same climati c
conditions may result in the concurrent occurrence of one or more fires in the mor e
populated areas of the City without adequate fire department personnel to protec t
against and control such a situation . Therefore, the above-described findings suppor t
the imposition of fire-protection requirements greater than those set forth in th e
California State Building Standards Code, and in particular support the imposition o f
greater requirements than set forth in Sections 602 .1 .2, 701A .1 .1, 903 .2, 903 .3 .1 .1 ,
903.4, 903 .4 .3, 905 .3 .1, 907 .7 .5, 910 .3 .2 .2, and 1506 .3 .1, 2304 .11 .2 .6 .1 of the 201 0
California Building Code, Section 313 .3 .3 .5 of the 2010 California Residential Code ,
Article 230-70 (A)(1) of the 2010 California Electrical Code, and Sections 307 .1 .1 ,
307 .2, 307 .4 .1, 307 .4 .2, 405 .7, 503 .1 .1, 503 .1 .2, 503 .2 .5, 508 .2, 508 .5 .1, 603 .1 .4 ,
608 .1, 901 .4.2, 901 .4 .3, 903 .2, 903 .2 .1, 903 .4, 903 .4 .3, 905 .3 .1, 910 .3 .2 .2, 907 .7 .5 ,
1404 .5, 1410 .1, 1412 .1, 2206 .2, 2206 .2 .3, 2206 .2 .4, 2206 .2 .4 .1, 2206 .2 .6, 3301 .1 ,
3404 .2 .7, 3404 .2 .8 .3, 3404 .2 .8 .11, 3404 .2 .9, 3406 .2 .4, 3406 .2 .5, 3804 .2, and 4901 .1 ,
and Appendix Sections B105 .2, D103 .1, D103 .4, D103 .6, D103 .6 .1, D103 .6 .2 ,
D104 .1, D105 .2, D106 .2 and D107 .1 of the 2010 California Fire Code .
SECTION 4 .Section 15 .04 .020 L .1 of Chapter 15 .04 of the San Luis Obispo Municipa l
Code (Amendments--; California Building Code) is hereby added to read as follows :
L .1 Add Section 701A .1 .1 to read as follows :
701A .1 .1 New Buildings not Located Within a Very High Fire Hazard Severit y
Zone .New buildings constructed within the City of San Luis Obispo, other than
those within the Very High Fire Hazard Severity Zone, shall comply with sectio n
705A and 706A, but shall not be required to comply with other provisions of Chapte r
7A applicable to buildings within the the Very High Fire Hazard Severity Zone .
SECTION 5 .Section 15 .04 .020 Z .1 of Chapter 15 .04 of the San Luis Obispo Municipa l
Code (Amendments--; California Building Code) is hereby added to read as follows :
Z .1 Add section 2304 .11 .2 .6 .1 to read as follows :
Attachment 9
2304 .11 .2 .6 .1 Wood Shake and Shingles Used as Siding .Wood shake and shingle s
used as siding must be fire-retardant-treated wood shingle sand shakes as described i n
section 703A .5 .2 .2 and shall conform to section 703A .5 .
SECTION 6 .Section 15,04 .100 SS of Chapter 15 .04 ( Construction and Fire
Prevention Regulations) is hereby repealed .
SECTION 4 . The Chief Building Official and Fire Code Official are hereby authorize d
and directed to transmit a copy of this ordinance to the California Building Standard s
Commission as required by California Health and Safety Code Section 17958 .7 .
SECTION 5 . If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would hav e
passed each and every remaining provision irrespective of such holding in order to accomplish
the intent of this ordinance .
SECTION 6 . A summary of this ordinance, approved by the City Attorney, together wit h
the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune,a
newspaper published and circulated in said City, and the same shall go into effect at th e
expiration of 30 days after its final passage .. A copy of the full text of this ordinance shall be o n
file in the Office of the City Clerk on and after the date following introduction and passage t o
print and shall be available to any member of the public .
INTRODUCED on the 6 th day of March, 2012,AND FINALLY ADOPTED by the Council o f
the City of San Luis Obispo on the day of 2012, on the following roll call vote :
AYES : Council Member s
NOES :
ABSENT :
ATTEST :
MAYOR Jan Howell Mar x
Elaina Cano, City Clerk
*********
APPROVED AS TO FORM :
/s7 Christine Dietrick
Christine Dietrick, City Attorney
PHI 51
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