May 6, 2025, Item #11
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 6, 2025
Honorable Mayor and Members of the City Council
Brian Mitchell, Fire Chief#'
Jenna Stein, Disaster Preparedness Coordinator ~
(858) 668-4474 or [email protected] cFJ
CITY COUNCIL
Ordinance Amending Poway Municipal Code Chapters 15.24 and 8.76, to Designate Fire Hazard Severity Zones and Consolidate Defensible Space Regulations, and Determination that the Adoption of the Foregoing Amendments by Ordinance are Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3)
On March 24, 2025 the City received recommendations for the identification of fire hazard severity zones from the California Office of the State Fire Marshal. State law requires the City to adopt the recommendations by ordinance within 120 days of receipt. Adoption of this ordinance recognizes the 2025 recommendations for fire hazard severity zones, modifying the geographical area in which wildland urban interface planning and development regulations and defensible space requirements apply.
In addition to adopting the state recommendations, staff is using this opportunity to make administrative changes to the Poway Municipal Code to better align with the 2022 California Fire Code and to consolidate all defensible space codes into a single section. Adoption of this ordinance will extend the State's minimum requirements for defensible space to parcels that are located outside of the very high fire hazard severity zone and are enrolled in the City's Wildfire Defensible Space Program.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and introduce the Ordinance (Attachment A) for first reading by title only, schedule the second reading and adoption for May 20, 2025, set an effective date of July 1, 2025, and determine that the adoption of the foregoing amendments by Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061 (b)(3).
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May 6, 2025, Item #11
Discussion:
The City of Poway recognizes wildfire as a hazard due to the City's terrain with steep mountainous slopes and valleys, a climate that includes warm, dry Santa Ana winds, and highly flammable native vegetation. History has proven this hazard is more than just theoretical. Notable fires causing damage to homes within Poway include the "1967" Fire, the Cedar Fire, and the Witch Fire.
The State of California Legislature has declared that the prevention of wildland fires is a matter of statewide concern, posing a serious threat to the preservation of the public peace, health, or safety.
Assembly Bill 337 (Bates) called for the California Office of the State Fire Marshal (OSFM) to evaluate fire hazard severity within local jurisdiction areas. Government Code 51179 requires that the City shall designate, by ordinance, the fire hazard severity zones (FHSZ) identified by the OSFM. The City may identify additional areas as a FHSZ or increase the level of fire hazard but, critically, the City may not decrease the severity level or remove areas identified.
To identify the FHSZ, the OSFM developed a model to determine the probability of an area burning and the expected fire behavior for that area under extreme fuel and weather conditions. Factors considered include fire history, terrain, local weather, vegetation, proximity to wildland, probable flame length, and blowing embers. An emphasis was placed on ember spread from the wildland to the structures in the wildland urban interface. Studies have shown 90% of homes damaged or destroyed by wildfire are due to embers landing on and igniting the vulnerable areas of the home or the home's ornamental landscaping.
The City of Poway first developed a fire hazard severity map in 2007 to specify the geographical areas which would require new development to utilize the Wild land Urban Interface Building Code. The City was required to enforce the new building codes and utilized the best available information at the time, including recommendations from the OSFM, to develop a map for this purpose. In 2008, the City identified 2,500 parcels to be reviewed for inclusion in a Wildfire Defensible Space Program due to their proximity to wildland areas. The Wildfire Defensible Space Program requires the annual trimming of highly flammable native vegetation to reduce the risk of wildfire spreading from the wildland area to residential structures. The OSFM last identified FHSZ within local jurisdictions in 2009.
The City adopted the recommended map with the addition of 70 parcels determined by the Fire Department to have a very high fire hazard. The identified very high FHSZ has remained unchanged since then, however, the City has continued to take steps to mitigate the hazard with a focus on hardening new development. In 2016, the California Building Code was amended to require all new structures within the City be built with fire-resistant roofing materials. As of January 2023, all new structures within the very high FHSZ are required to have a five-foot zero combustion zone.
The 2009 FHSZ map identified 29.24 square miles as very high FHSZ, this area included 5,815 parcels.
At that time, the OSFM did not identify high or moderate FHSZ within the local jurisdiction area. The 2025 update by the OSFM identifies 31.13 square miles as very high FHSZ. While less than two square miles of area were added, a total of 3,282 parcels have been added due to an expansion into more densely populated areas with smaller parcel sizes. For the first time, 2.59 sq. miles and 2.35 sq. miles have been identified as high FHSZ and moderate FHSZ, respectively.
The designation of FHSZ allows for land use planning and development requirements to reduce the level of risk present in the community. Adoption of this ordinance will modify the current FHSZ map 2 of 23
May 6, 2025, Item #11
to be replaced with the recommended map provided by the OSFM. The recommended map does not consider jurisdictional, zoning, or parcel boundaries. Staff recommends any parcel partially located within a FHSZ or within one or more FHSZ shall be considered entirely within the most restrictive of the FHSZ represented. This interpretation will ensure new development will be built to the highest fire-resistant standard. The effective date for the map modification is recommended to be July 1, 2025.
Building permit applications submitted after that date shall use the new map to determine if wild land urban interface building codes are required.
In addition to adopting the OSFM recommended map, staff is using this opportunity to make administrative changes to the Poway Municipal Code to better align with the 2022 California Fire Code and to consolidate all defensible space codes into a single section. While not strictly necessary, the affected codes are applied and enforced based on the geographic area identified by the FHSZ map.
Staff recommends the State of California's minimum requirements for defensible space in the very high FHSZ, as defined by Government Code 51182 and California Code of Regulations Title 14, Division
1.5, Chapter 7, Subchapter 3, Article 3, be incorporated into the PMC. The minimum requirements apply to all existing homes and provide guidance for the maintenance and reduction of vegetation in the 100-foot defensible space area surrounding a structure. Adoption of this ordinance does not increase the requirements for existing homes in the very high FHSZ, these requirements apply regardless of their incorporation into the PMC. This change is recommended to provide greater clarity to residents regarding their responsibility for defensible space.
Staff recommends administrative updates to the PMC to move existing local defensible space codes from Chapter 8.76 to Chapter 15.24.100, consolidating all related codes into a single section. This update also includes incorporation of the Wildfire Defensible Space Program policy, used to implement local defensible space codes. Additional administrative updates are recommended to better align Chapter 15.24.100 with the referenced section of the 2022 California Fire Code. This includes the re-numbering of PMC sections within Chapter 15.24.100. This restructuring of the PMC does not represent any change to current business practices.
The Wildfire Defensible Space Program (WDSP) currently includes approximately 615 privately owned parcels, the owners of which are required to reduce highly flammable native vegetation within 100 feet of a structure. When this program was created it identified a very specific hazard mitigation measure to reduce the risk of wildfire to structures immediately adjacent to wildland areas.
Compliance with these requirements, without application of the State's minimum requirements for defensible space, continue to leave homes vulnerable to wildfire. Almost half of the WDSP parcels are currently not within the very high FHSZ and are not required to meet the state's minimum requirements for defensible space. The 2025 recommended map reduces the number of parcels to less than 100. Adoption of this ordinance will amend the PMC to declare parcels enrolled in the WDSP and not within the very high FHSZ as a hazardous fire area. Parcels identified as a hazardous fire area will be required to meet the State's minimum requirements for defensible space including the reduction of highly flammable native vegetation.
On March 27, 2025, staff published the recommended FHSZ map on the City of Poway website and created a form to accept public comments and questions, five responses have been received. On April 10, 2025, the Fire Department hosted a workshop to provide information regarding the FHSZ map and answer questions; approximately 35 community members attended. Primarily, two separate concerns 3 of 23
May 6, 2025, Item #11
were expressed in the comments received. Community members wanted to know what steps they could take to reduce the risk on their property and what effect the designation of a FHSZ would have on their ability to secure insurance. These two concerns are directly connected. Insurance companies use individual property risk assessments to determine insurability and set rates. The California Department of Insurance and the independent non-profit group United Policyholders provide information to homeowners on how risk reduction efforts may affect insurability and homeowner's rights after a non-renewal. It is important to note that insurance companies are well aware of the recommended fire hazard severity map issued by OSFM, and as a result, the City's adoption of the map is unlikely to impact the behavior of insurance carriers.
It is a goal of the City of Poway to minimize injuries, loss of life and property damage resulting from natural and man-made hazards. The FHSZ map provides the City with the legal foundation to require fire-resistant building standards and other applicable regulations. The recognition of wildfire as a hazard raises awareness for residents, encouraging property owners to be more prepared and take steps to reduce their individual risk. Such steps include completing a home ignition zone assessment with the Poway Fire Department, attending a Wildfire Safety and Evacuation Awareness workshop, or forming a FireWise Community. It is only through a collective effort that we can reduce our risk and increase the City's resilience to the effects of wildfire.
Environmental Review:
This project is exempt from the requirements of the California Environmental Quality Act (CEQA}, pursuant to Section 15061 (b)(3) for the CEQA guidelines, as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.
Fiscal Impact:
None.
Public Notification:
A notice of Public hearing was published in the Poway News Chieftain on Thursday April 24, 2025.
Attachments:
A. Proposed Ordinance
B. Public Comment Received
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Ap~
Chris H e tine
City Manager
May 6, 2025, Item #11
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA AMENDING CHAPTERS 15.24 AND 8.76
OF THE POWAY MUNICIPAL CODE, TO DESIGNATE FIRE
HAZARD SEVERITY ZONES AS RECOMMENDED BY THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND CONSOLIDATE DEFENSIBLE SPACE
REGULATIONS
WHEREAS, SB63 "Fire Prevention: Vegetation Management: Public Education: Grants:
Defensible Space: Fire Hazard Severity Zones" (2021) amended Government Code section 51178 to direct the State Fire Marshal to identify moderate, high, and very high fire hazard severity zones;
WHEREAS, Government Code 51179 requires the local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal; WHEREAS, the City Council of the City of Poway finds that the City of Poway is at serious risk of wildfire due to its terrain, climate, and the presence of highly flammable native vegetation; WHEREAS, Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3 identify requirements for the maintenance of defensible space for all occupied dwellings within a very high fire hazard severity zone; WHEREAS, Ordinance No. 677 amended Chapter 8.76 of the Poway Municipal Code to create a defensible space program to be implemented in accordance with the City of Poway Wildfire Defensible Space Program Policy;
WHEREAS, Ordinance No. 698 amended Chapter 15.05.070, subsequently re-numbered to Chapter 15.24.100, to allow for the identification of hazardous fire areas by the Fire Authority Having Jurisdiction (FAHJ); and
WHEREAS, it has been determined that there is a need to update Chapter 15.24 and Chapter 8.76 to consolidate the applicable defensible space regulations within a single chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Poway Municipal Code Section 15.24.030 "Definitions" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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Defensible Space. An area either natural or man made, abutting and/or adjacent to a structure where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of fire spread to provide defense from an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space
ATTACHMENT A
May 6, 2025, Item #11
Ordinance No. ***
shall be measured on a horizontal plane and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual.
Hazardous Fire Area. Any geographic area mapped by the State or designated by a the FAHJ as a moderate, high or very high fire hazard area or which the FAHJ has determined is a hazardous fire area because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to wildfire.
Heritage Tree. Any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
Highly Flammable Native Vegetation. Species that provide large fuel loads such as sumac, native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
Local Responsibility Area {LRA). Areas in which the financial responsibility of preventing and suppressing fires is the responsibility of the City.
Structure. Includes any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
SECTION 3: Poway Municipal Code Section 15.24.040 "General Precautions Against Fire" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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Section 305.6 is added to read:
305.6 Rockets, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, floating luminaries or similar devices powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas or areas identified as a fire hazard severity zone without prior approval of the fire code official.
Section 324 is added to read:
STORAGE OF FIREVVOOD
324.1 Storage of Firewood General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhand. Firewood stored in the defensible space surround a structure In the very high fire hazard severity zone firewood shall be stored at least 30 feet from any structure, be separated from the crown of any trees by a minimum of 15 feet, measured horizontally, and have a minimum of 10 feet of clearance, down to bare mineral soil, in all directions. Firewood not for use on the premises shall be stored so as to not pose a fire hazard.
May 6, 2025, Item #11
Exceptions:
Ordinance No. ***
.1. Firewood piles that are completely covered in a fire resistant material are exempt.
Section 325 is added to read:
Section 325 Declaration of Public Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal.
Highly flammable native vegetation shall be reduced as described in 4907.4.1.
Section 325.1 is added to read:
Section 325.1 Abatement of Public Nuisance. If the responsible person fails or neglects to abate the nuisance, abatement may be completed in accordance with Section 8.76 of the Poway Municipal Code.
SECTION 4: Poway Municipal Code Section 15.24.100 "Wildland-Urban Interface Fire Area" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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Section 4904.4 is added to read:
4904.4 Local Responsibility Area Fire Hazard Severity Zones. The City of Poway designates the fire hazard severity zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178.
Section 4904.4.1 is added to read:
4904.4.1 Parcel Identification. Any parcel that is within one or more fire hazard severity zones or is partially included in a fire hazard severity zone shall be considered entirely within the most restrictive of the fire hazard zones identified.
Section 4904.4.2 is added to read:
4904.4.2 Display of Fire Hazard Severity Zones and Hazardous Fire Areas. The maps have been duly noticed and posted as required by law and are available for public viewing at the office of the City Clerk or on the City of Poway website.
Section 4907.4 1905.4 is added to read:
4905.4 General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, buildings and structures located within a wild land-urban interface area shall be setback a minimum of 30 feet from property May 6, 2025, Item #11
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Ordinance No. ***
lines and biological conservation and/or open space easements unless the Poway Municipal Code requires a greater minimum or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.
Exception:
1. When the fire code official determines the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official.
2. No other exceptions to the General Fire Setback is permissible except for where local setbacks are pre-empted by State law. the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units as def.ined in PMC Title 4-7,.
Section 4907.5 4905.5 is added to read:
4907.5 4905.5 Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.
Exceptions:
1. Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope.
2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and the slope is directly adjacent to developed parcels with fuel management principals principles in place.
3. The fire code official determines the hazard to be minimal.
Section 4907.9 4906.3 is aG€ieG modified to read:
4907.9 4906.3. Landscape Plans. Landscape plans are required for new residential developments, residential custom homes, production tract homes, multi-family residential, and commercial buildings in the wildland-urban interface area. The plan shall include development and maintenance requirements for the fuel modification zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.
May 6, 2025, Item #11
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Ordinance No. ***
Landscape plans shall be submitted and approved by the Development Services Department and the fire code official prior to the issuance of a building permit.
Landscape plan submittals shall follO'tv the submittal requirements found in the Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100 foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The fire code official may expand or reduce the distance of the fuel modification zones based on project location, surrounding vegetation, and topography.
Section 4906.3 is modified to read:
4906.3.1 Contents. Landscape plans shall follow the submittal requirements found in the Landscape and Irrigation Design Manual and shalL at a minimum, include:
1. Delineation of the 5-foot, 30-foot, and 100-foot fuel management zones from all structures.
2. Identification of the existing vegetation to remain and proposed new vegetation.
3. Identification of all irrigated areas.
4. A plant legend with both botanical and common names, and identification of all plant material symbols.
5. Identification of ground coverings within the 5-foot and 30-foot zones
6. A readable scale
Section 4907.10.1 4906.3.2 is added to read:
4907.10.1 4906.3.2 Landscape Installation. All landscaping shall be installed according to the landscape plan prior to final inspection for issuance of a certificate of occupancy.
Section 4907.6 4906.5 is added to read:
Section 4907.6 4906.5 Fuel Modification. A person ovming, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person owning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas Within 100-feet from each building or structure, or as determined by the fire code official, all new vegetation shall be planted and all existing vegetation shall be modified as fHftRef described below.
With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition resistant construction or other mitigation measures are implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the Wildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual.
May 6, 2025, Item #11
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Ordinance No. ***
Fuel Modification Zones.
Zone 0 "Immediate Zone" from Oto 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited.
Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual.
Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual.
Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented.
Section 4907.6.1 4906.5.1 is added to read:
Section 4907.6.1 4906.5.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 10 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. =l=Re F.'\HJ has the right to enter a private property to ensure the fuel modification zone requirements are met.
Exception:
The FAHJ may reduce the fuel modification zone if it will not impair access.
Section 4906.5.2 is added to read:
Section 4906.5.2 Inspection. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met.
Section 4907.6.2 4906.6 is added to read:
Section 4907.6.2 4906.6 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a building permit certificate of occupancy, to May 6, 2025, Item #11
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Ordinance No. ***
establish document, with a landscape plan, one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it.
Section 4907.7 4906.6.1 is added to read:
Section 4907.7 4906.6.1 Land Ownership. Once a fuel modification zone has been established under section 4907.6 4906.6, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected.
Section 4907.4 is added to read:
Section 4907.4 Defensible Space. Any person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure that is within a very high fire hazard severity zone or hazardous fire area shall maintain defensible space in accordance with Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3.
Section 4907.4.1 is added to read:
4907.4.1 Highly Flammable Native Vegetation. Highly flammable native vegetation shall only be reduced by mowing or trimming the vegetation to a height of 6 to 12 inches, leaving the plant root intact to stabilize the soil. Native vegetation may not be reduced by clearing, brushing or grubbing and may not be removed to bare soil.
Native vegetation may not be removed beyond the fuel modification zone without a permit.
Section 4907.4.2 is added to read:
4907.4.2 Good Neighbor/ Neighborhood Protection. When a structure is less than 100 feet from a property line and hazardous vegetation on an adjacent improved or unimproved parcel is deemed to be a fire hazard to the structure, the responsible person where the fire hazard exists shall be responsible for removing the fire hazard in that area that is within 100 feet of the structure. The determination for appropriate clearance distances will be made by the fire code official based upon a visual inspection of the parcel and shall consider all factors that place the property or structure at risk from an approaching fire. These factors shall include local weather conditions, fuel types, topography, and the environment where the property or structure is located.
Section 4907.4.3 is added to read:
Section 4907.4.3 Exceptions. The following types of vegetation may require an administrative clearing permit and shall not be subject to reduction or removal pursuant to this chapter without the prior approval of the fire code official:
1. Heritage Trees.
2. Vegetation within streambeds, banks, and vernal pools.
3. Vegetation located within a recorded Biological Conservation Easement. In the case of vegetation that is within any habitat that is required to be removed May 6, 2025, Item #11
Ordinance No. ***
pursuant to this chapter shall be mitigated in kind by the property owner at a 1 :1 ratio.
SECTION 5: Poway Municipal Code Section 8.76 "Defensible Space, Vegetation Management and Waste Accumulations" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
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Chapter 8.76 "Defensible Space, Vegetation Management Weed Abatement and Waste Accumulations"
8.76.010 Purpose and Intent.
The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys; a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by clearing highly flammable chaparral vegetation around structures, and the Vegetation Management Program, involving the removal of highly flammable chaparral vegetation and the 3batement of weeds and dry grasses.
The public health and safety are also threatened by the accumulation of waste material that is left out in the open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This chapter also provides for the abatement of accumulated waste material that has been determined to be a public nuisance.
The portions of this chapter related to defensible space shall be interpreted and implemented in a manner consistent with the City's V\lildfire Defensible Space Program Policy.
8.76.015 Definitions
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Clearing", "brushing", or "grubbing" means the complete removal of vegetation to bare soil and is not a permitted activity to comply with the requirements of this chapter.
"Defensible Space" means an area that is either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated or modified to slow the rate and intensity of an advancing wildfire, and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing, or grubbing, grading or the exposure of bare soil. "Director of Development Services" means the Director of Development Services or his or her designee.
"Fire Marshal" means the Fire Marshal or his or her designee.
May 6, 2025, Item #11
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Ordinance No. ***
"Fuel, light" means vegetation consisting of herbaceous plants and round wood less than one-quarter inch in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial grasses and/or weeds. "Heritage tree" means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance. "Highly flammable chaparral n-ative vegetation" means species that provide large fuel loads such as sumac, SGFOO native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants. "Structure" means any of the follo•Ning: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
''Thinning" means the reduction of fuel by methods such as mowing and trimming that leave the plant root intact to stabilize the soil. Thinning includes the cutting of highly flammable chaparral species to within six to 12 inches of the soil. "Waste material" means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile;
2. Rubbish, crates, cartons, metal and glass containers;
3. Vehicle bodies and parts.
8.76.020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof or any material question of fact raised in this chapter, that discretion shall lie with the Director of Development Services or Fire Marshal.
8.76.030 Defensible Space Highly Flammable Chaparral Vegetation. /\. Declaration of Nuisance. /\II highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. /\ dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.
B. Nuisance Per Se. Any vegetation of a type described in subsection ,A. of this section that is located within 100 feet of a structure shall constitute a public nuisance per so.
May 6, 2025, Item #11
Ordinance No. ***
C. Exceptions. The following types of vegetation shall not be subject to reduction or removal pursuant to this chapter:
1. Low flammability plant species, including but not limited to toyon, yucca, and lemonade berry.
2. Ornamental landscaping.
3. Heritage trees.
4. Vegetation within streambeds, banks, and vernal pools.
D. Reduction or Removal of Highly Flammable Chaparral Vegetation.
1. ,1\11 vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal. Highly flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing, grubbing or grading.
2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire Marshal may require a defensible space area of less than 100 feet from a structure. However, in no case shall the required defensible space area be less than 50 feet from a structure.
3. In the case of vegetation that is within a recorded biological conservation easement, any habitat that is required to be removed pursuant to this chapter shall be mitigated in kind by the property owner at a 1 :1 ratio.
8.76.035 Vegetation management Weed Abatement -Weeds and dry grasses.
8.76.036 Reduction or Removal of Vegetation.
A. All vegetation which constitutes a public nuisance pursuant to this section shall be removed as determined necessary by the Director of Development Services or Fire Marshal. Native vegetation shall be reduced only by thinning, and not by clearing, brushing or grading.
SECTION 6: The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3) as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.
SECTION 7: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions of or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 8: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force as of July 1, 2025.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council 14 of 23
May 6, 2025, Item #11
Ordinance No. ***
members voting for and against the same in the Poway News Chieftain, a newspaper of general circulationin the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 6th day of May, 2025, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 20th day of May, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
15 of 23
May 6, 2025, Item #11
From:
To:
christy.winters
Coundlmembers
Subject:
Date:
Cal Fire Very high fire hazard zone
Friday, April 11, 2025 10:47:09 AM
Some people who received this message don't often get email from [email protected]. Learn why this is important
"XTER.NAL ·M I
Honorable Poway City Council,
Thank you for all your work over the years for emergency and fire preparedness.
I am very concerned that Cal Fire has overallocated the "Very High" Fire hazard zone by including nearly 80% of Poway in their latest March maps. It is already an extremely challenging prospect to get homeowners insurance without moving to the insolvent California Fair plan, and now with this new map, nearly all of us Poway homeowners are now rendered uninsurable.
We attended a "workshop" held by the Poway Fire Department last night to discuss the map, but the team was unable or unwilling to disclose what is the penalty for the City of Poway's non-adoption of the current map. Cal Fire is utilizing state law California government code 51175-89 to declare that the city has to adopt by ordinance the recommended map within 120 days of its release. I need to discuss the urgent need for you to leave the 2024 maps in place and not adopt this overallocated March, 2025 update to the map. Your constituents are depending upon you! Please let me know if you have any further questions or wish to discuss the details.
Thanks,
Christy Winters
(858) 344-0053
16 of23 ATTACHMENT B
May 6, 2025, Item #11
From:
To:
Subject:
Date:
Lars Staack
Chris Pikus
Re: Colony FHSZ Map
Monday, April 14, 2025 9:46:31 AM
[You don't often get email from [email protected]. Learn why this is important at https·//aka ms/LearnAboutSenderldentification ]
EXTERNAL EMAIL
Dear Mr. Pikus
I have decided not to follow through with my request to meet you in order to discuss the Fire Hazard Severity Zone (FHSZ) Map. I sincerely appreciate your receptiveness in accepting my request. However, after meeting with Chief Brian Mitchell, I have concluded that attempting to change the FHSZ is a quixotic task.
I sincerely believe that the FHSZ Map overstates credible fire hazards within my neighborhood. Although the State Fire Marshal's office emphasizes that the new map was created using "scientific methodology", it's obvious that the less hazardous gradients emanating from very high hazard zones are templated by distance. Chief Mitchell agreed that the newly created zones of"moderate" and "high" levels of hazard don't seem to conform to local topography or winds, and these conditions are very important to fighting wildfires, but asserted that there is enough variability of conditions to preclude changing the map.
Again, thank you for taking my concerns seriously and offering your time.
Lars K. Staack
14626 Colony Way
On Thu, Apr 10, 2025 at 2:38 PM Chris Pikus <[email protected]> wrote:
>
> I would be glad to meet and discuss.
> I'm on vacation right now, but please call or text my cell phone (858-746-0000) next week and we can_ setup a meeting.
>
> Chris Pikus
>
>-
> Christopher J Pikus
> Councilman for District One
> Poway, California
> [email protected]
> ---------------> From: Lars Staack <[email protected]> > Sent: Thursday, April 10, 2025 7:22:40 PM
> To: Chris Pikus <[email protected]>
> Subject: Colony FHSZ Map
>
> [You don't often get email from [email protected]. Learn why this is important at https-//aka ms/LearnAboutSenderldentificatiou]
17 of 23
May 6, 2025, Item #11
>
> EXTERNAL EMAIL
>
> Dear Mr. Pikus
>
> Residents within the "Colony" neighborhood (Colony Drive, Colony Way, > Heritage Way) request a short and amiable meeting with you in order to > discuss the draft Fire Hazard Severity Zone (FHSZ) Map. >
> Our contention is that the draft FHSZ map fails to adequately consider > topography and prevailing winds, even though Cal Fire states that > topography and climate are considered as factors. The draft FHSZ map > lists our neighborhood within both moderate and high severity zones, > dependent on the linear distance of a house to the very high zone > centered near Fire Station 3. Some homes are in both high and moderate > zones.
>
> The FHSZ map should consider historical prevailing winds from high > zones, rather than distance. Winds almost always blow from our > neighborhood towards the Fire Station 3 very high zone. Winds during > Santa Ana conditions always blow from the North East. Our neighborhood > would be considered within the moderate safety zone if historical > prevailing winds were considered. We believe that a meeting can > provide better clarity on the draft FHSZ map.
>
> Thank you for your time and consideration.
>
> Lars K. Staack
> 14626 Colony Way
> 714-404-6211
18 of 23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] <[email protected]>
Date Sun 3/30/2025 7:46 AM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Questions or comments? Why does the city allow tall, untrimmed, volatile palm trees to exist? There should be a law to control these as they can quickly spread fire when ignited! Property owners should have to be more accountable. Also, my neighbors have a property that abuts 5-6 properties. They get several notices from Poway to clear the weeds. By the time they clear it, it is the end of summer! How can this be allowed?
Would you like to be Yes!
contacted by the Poway Fire
Department?
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May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] <[email protected]>
Date Mon 3/31/2025 6:24 AM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden <[email protected]>
Some people who received this message don't often get email from [email protected]. Learn why this is imr2ortant
EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.
Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.
My home is now in the high fire risk zone. It seems to be due to proximity to the lemon Grove owned and managed by the city of Poway. Home owners backed up directly to the lemon Grove are very high risk. What is the city's plan to deal with the impact of the lemon Grove on risk to citizens property?
Email not displaying correctly? View it in your browser. 20 of23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected]>
Date Mon 3/31/2025 2:18 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is imr2ortant
EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.
Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.
If you move the map to adjust to your address it changes the fire zone, otherwise my address I put in isn't on the map.
Email not displaying correctly? View it in your browser. 21 of23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected] >
Date Mon 3/31/2025 4:39 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is imr-ortant
EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or the property at does not manage comments about the Fire their vegetation -creating and extraordinarily hogh wild fire Hazard Severity Zone risk!!
maps? Use the space below
to submit them to the Fire
Department.
Would you like to be Field not completed.
contacted by the Poway Fire
Department? Please provide
your contact information
below.
Email not displaying correctly? View it in your browser. 22 of 23
May 6, 2025, Item #11
• Outlook
Online Form Submittal: Fire Hazard Severity Zone Comment Form From [email protected] < [email protected]>
Date Sun 4/20/2025 4:16 PM
To Jenna Stein <[email protected]>; Andy Loperena <[email protected]>; Kristin Holden < [email protected] >
Some people who received this message don't often get email from [email protected]. Learn why this is im12ortant
EXTERNAL EMAIL
Fire Hazard Severity Zone Comment Form
Do you have questions or
comments about the Fire
Hazard Severity Zone
maps? Use the space below
to submit them to the Fire
Department.
Would you like to be
contacted by the Poway Fire
Department? Please provide
your contact information
below.
Logically, areas that are not in the high zone may move to yellow at the max. Moving them to red from low is excessive and will affect our insurance rates. Has the insurance industry been involved in any way with this effort? Our neighborhood has always been in a fire shadow due to the park and fire resistant trees. I want to know why we are now in high. This is highly suspicious.
Field not completed.
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