Item No. 3
AGENDA REPORT
DATE: August 11, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4l/,5' SUBJECT: Second Reading of Ordinance No. 459
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 459, an Ordinance of the City Council of the City of Yucaipa, California, Adopting Updated Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection Pursuant to Government Code Section 51178 and Associated Building Codes.
Attachment(s):
1. Ordinance No. 459
Approved by. 6n_A
ATTACHMENT 1
ORDINANCE NO. 459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA,
ADOPTING UPDATED FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178 AND ASSOCIATED
BUILDING CODES
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares:
A. Under California Government Code § 51178, the Office of the State Fire Marshal (OSFM), a program of the California Department of Forestry and Fire Protection (CAL FIRE), must identify areas in the City of Yucaipa ("City") that constitute Moderate, High, and Very High Fire Hazard Severity Zones (FHSZs).
B. On March 24, 2025, OSFM transmitted to the City an updated map designating proposed FHSZs within the City ("Fire Hazard Severity Zone Map"). The map was posted to the City's website and made available for public review and comment.
C. Government Code § 51179 requires the City to adopt the OSFM-recommended FHSZ map by ordinance and prohibits any reduction in the recommended hazard classifications absent substantial evidentiary findings.
Section 2. Environmental Findings.
The City Council, exercising its independent judgment, determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; the ordinance is not a "project" because it merely adopts a state -mandated map without discretionary changes; and the ordinance constitutes an action by a regulatory agency for the protection of the environment.
Section 3. Adoption of Fire Hazard Severity Zone Map.
The Fire Hazard Severity Zone Map entitled "City of Yucaipa Fire Hazard Severity Zones" attached hereto as Exhibit A, is hereby adopted and designated as the official FHSZ map of the City. The City Clerk and Fire Chief shall maintain the map on file and ensure that a searchable digital copy is posted on the City's website.
Section 4. Section 15.04.115 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.115 California Fire Code amendments.
(...)
Section 503.2.7 of the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed the maximum of 102% unless approved by the ChiefCity of Yucaipa. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 10- 12% may be approved at the discretion of the Yucaipa Fire Marshall. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 12-16% may be approved at the discretion of the Yucaipa Fire Chief/Fire Code Official.
Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 General. A Fuel Modification Plan, approved by the Chief, may be required for new development within the fire overlay districts. The Fuel Modification Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, flammable vegetation and climate of the proposed site within the FR1, and FR2 and FR3 Zones. The Fuel Modification Plan shall address water supply, access, building ignition and the fire resistance, fire protection systems and equipment, defensible space and vegetation management. The Fuel Modification Plan shall be consistent with the Interface Code, Appendix TIA and the City of Yucaipa Development Code, or at the option of the Chief, with other nationally recognized standards and good practice.
Section 4905.4 is hereby added to the California Fire Code to read as follows:
4905.5 Construction Within FR-1 and FR-2 and FR-3 Overlay Zones
1. General Provisions
a. The provisions of this section shall apply to all phases of a development project.
b. A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department. c. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be
indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible. d. All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
f. When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Yucaipa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
2. Division of Review Areas
The Fire Safety Review Areas, as established by CAL FIRE and adopted by the City of Yucaipa. Each represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1, and similarly for Fire Safety Review Area 3. a. Fire Safety Review Area 1 (FR1)
Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change.
Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Area 1 includes areas of very high to extreme fire hazard.
b. Fire Safety Review Area 2 (FR2)
Land within Area 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wild land fires and other natural hazards primarily due to its proximity to Area 1. c. Fire Safety Review Area 3 (FR3)
Land within Area 3 provides for the transition from the wildlands areas of FR1 and FR2 to the developed portions of the City and this Area is often developed.
Present and future development within Area 3 is exposed to the impacts of
wildland fires and other natural hazards that would come from Area 1 and extend past Area 2.
3. Area FR1,-aiiEl FR2 and FR3 Requirements
a. Construction Requirements
(1) Roof coverings shall be either non-combustible or fire retardant with a minimum Class A rating, as defined in the California Building Code. Wood shake or shingle roof coverings are not permitted.
(2) Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or overall outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)Louvers, ventilators, or openings in walls, roofs, attics, and under floor areas having headroom less than four (4) feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one -quarter (1/4) inch.
(4)Eave-type attic ventilators are prohibited.
(5) The space between rafters at exterior walls shall be solidly filled with tight -fitting wood blocks at least one and one-half (1-1/2) inches thick. (6) Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten (10) feet away from any structure and in accordance with the California Fire Code.
(7) All non -accessory buildings shall have reflective and noncombustible building address numbers with at least three inch (3") high lettering visible from the road on which the structure fronts.
(8) All buildings on lots created after the effective date of this section shall be set back at least thirty feet (30') from the boundary of the San Bernardino National Forest.
(9) Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a) Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where such slopes are at least thirty (30) feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater
than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10) All areas used for the storage of firewood, or other flammable materials shall either be at least thirty (30) feet away from all structures, or wholly enclosed within a structure.
(11) Fire hydrants shall be identified by a method specified by the Fire Authority.
(12) There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1/2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
b. Building Separations
(1) Building Separation Standards
(a) All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet. (b) All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c) When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
(i) The outside of all such exterior walls or portions
thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code.
(ii) All exterior doors made of wood or wood portions
shall be solid core wood, and
(iii) Windows, skylights, sliding glass doors or glass
inserts in doors shall be constructed of approved tempered dual -pane glass.
(2) Intent of Standards
The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
(3) Alternate Measures (Exterior Wall Separation)
Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b.(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a) The expansion of fuel modified areas around the
development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b) A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project. (c) Clustering of structures away from the development
perimeter and away from fire hazardous areas. When this alternative is utilized, multi -residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas. (d) The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
(e) Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this Section.
c. Project Design Requirements
(1) All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a
minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four 24 feet of all- weather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a) Two points of non -emergency access are physically
infeasible.
(b) Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c) Based on the review and consideration of the Fire Authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
(2) All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de- sacs. In areas not served by water purveyors, on -site fire flow and water storage requirements will be as specified by the California Fire Code. (3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections. (4) Fuel Modification Areas
(a) A permanent fuel modification area may be required around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection.
The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1)The natural ungraded slope of the land within the project and in the areas adjacent to the project;
(2)Fuel loading;
(3) Access to the project and access directly to the fuel modified area;
(4) The on -site availability of water that can be used for firefighting purposes;
(5) Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than
private open space;
(6) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate
permanent scarring and accelerated erosion.
(b) When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c.(4)(a) of this Section for permanent fuel modification areas.
(c) Erosion and Sediment Control
All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Highland Municipal Code for such erosion control measures.
4. Additional Area 1 (FR1) Requirements
The following requirements apply only to Area 1, in addition to those specified for beth Areas 1, and 2 and 3.
a. Construction Requirements
(1) The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one (1) hour fire resistive construction as defined in the California Building Code. All exterior doors
made of wood or wood portions shall be solid core wood. A standard hose bib shall be provided along the exterior of the building. (2) All windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual -pane glass.
(3) Cantilevered or standard type decks shall be constructed with:
(a) A minimum of at least one and one-half (1-1/2) inch wood decking; and/or
(b) Protected on the underside with materials approved for one (1) hour fire -resistive construction; and/or
(c) Be of noncombustible materials, as defined in the California Building Code.
(4) Patio covers attached or within ten (10) feet of a residential structure with plastic, bamboo, straw or fiberglass or wood lathe lattice made of materials which are one-half (1/2) inch or less in width shall be prohibited. (5)Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California Building Code. (6) A fire hydrant capable of providing the minimum fire flow as required in California Fire Code Appendix B, with two two -and -a -half (2 '/2) inch hose connections and one four (4) inch hose connection shall be available within 600 feet of any portion of the structure.
(7)All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8) Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority pursuant to Section 503; and Appendix D of the California Fire Code.
(9) Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with minimum Class A rating, as defined in the California Building Code.
(10) Unenclosed or project roof -ceiling or roof -ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one hour construction. b. Project Design Requirements
(1) Every development project application submitted to the Community Development Department shall be reviewed by Community Development Department staff through a pre application conference with the project proponent prior to the acceptance of the application for filing. (2) A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The counter interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the general natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) The natural, ungraded slope categories to be computed are zero percent (0%) to less than fifteen percent (15%), fifteen percent (15%) to less than thirty percent (30%), thirty percent (30%) to less than forty percent (40%), and forty percent (40%) or greater. (c)The area, in acres, shall be tabulated for each category. (3) A preliminary grading plan shall be filled with all development project land use applications, except that preliminary grading plan requirements may be waived by the Community Development Director if it is determined through the required pre -application conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The contour interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the natural ungraded slope is more than ten percent (10%). Contour lines to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.
(d) Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five (5) feet in vertical height, the maximum heights of those slopes approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(e) Compliance with Appendix J of the current edition of the California Building Code, as adopted by the City of Yucaipa, is required.
(f) In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 2(a) above and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4) Perimeter Access to Fuel Modified and Fire Hazard Areas. (a) Standards
Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of, development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this Section:
(i) The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of sixteen percent (16%). The conditions of approval for the
development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly maintained road system.
(ii) Development projects shall provide access ways, at least fourteen 14 feet in width, with a grade not to exceed sixteen percent (16%) and capable of supporting fire fighting
vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the
development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.
(b) Intent of Standards
The intent of the standards described in Subsection 4.b.(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between
firefighting equipment and personnel and the development perimeter.
(c) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Subsection 4.b.(6)(a) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.
Length of Cul-de-sacs
(a) Standard Cul-de-sacs shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection.
(b) Exception for parcels of less than five (5) acres in area. Cul-de- sacs may exceed three hundred fifty (350) feet in length but shall not exceed six hundred (600) feet in length if:
(i) Alternate measures are utilized pursuant to the
provisions of Section 19.50 of this Article or;
(ii) Based upon consideration of the recommendation of
the Fire Authority, the Community Development
Department determines that the cul-de sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel
modified areas along the development perimeter of the
project or to fire hazard areas, and that the extension of the cul-de sac will not increase the exposure of buildings to wildland fires.
(c) Exception for parcels greater than five (5) acres in area. Cul-de- sacs may exceed six hundred (600) feet in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:
(i) The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.
(ii) Alternate measures are utilized pursuant to the
provisions of Subsection 5 of this Section.
(d) Intent of Standard
The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wild land fires due to the following factors:
(i) If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles. (ii) Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
(iii) In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where
adequate room for turning is available.
(iv) All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees.
(v) Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wild land
terrain have greater exposure to wild land fire because the fire may come from several directions at once.
(e) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to six hundred (600) feet in length with parcels less than five (5) acres in area:
(i) Limitation of the total number of dwelling units
which have access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the
development project.
(ii) A continuous perimeter access road at least twenty (20) feet in width is provided along the portion of the cul-de- sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul- de-sac in question.
(iii) The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability ha Ards either on or off -site.
(iv) Other alternate measures approved by the
Community Development Department pursuant to
Subsection 5 of this Section.
(6) Alternate Hazard Protection Measures
(a) Applicability
The following provisions shall apply only to the standards and requirements of Subsections 3.b., regarding building separations;
4.b.(6), regarding perimeter access; and 4.b.(7) regarding length of cul-de-sacs.
(b) Intent
The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety Regulations: Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.
(c) Substitution of Alternative Measures for Standards and Requirements
(d)
(1) If alternative measures are proposed, the Fire Department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel
modification and management, including the ongoing
maintenance of fuel modified areas.
(2) If the Fire Department makes a positive determination pursuant to Subsection 5.c.(1) of this Section, then alternate measures may be substituted for the established standards and requirements if the Community Development
Department with consideration of the recommendation of
the Fire Authority, finds and justifies all of the following:
(a) Alternative measure(s) have been substituted
which meet the intent of and which serve the
same purposed as the established standards or
requirement.
(b) The alternative measure(s) that have been
substituted provide the same or a greater level of
protection or are as effective as the established
standard or requirement.
(c) There are clear and substantial reasons for
utilizing the alternative measure(s) because they
provide for a more efficient and economic use of
the site, or provide for a superior physical design,
and are consistent with the intent of the Fire
Safety (FR) District.
Section 5. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. The City Council declares that it would have adopted each provision of this ordinance irrespective of the invalidity of any other provision.
Section 6. Publication.
The City Clerk shall certify to the adoption of this ordinance and cause it to be published or posted in the manner required by law.
Section 7. Effective Date.
This ordinance shall take effect 30 days after passage by the City Council.
PASSED, APPROVED and ADOPTED this 1 l th day of August, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney