Res 08-070
RESOLUTION NO 08-070
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING A WILDFIRE DEFENSIBLE SPACE PROGRAM POLICY
WHEREAS, the City of Poway is at serious risk of wildfire due to its terrain,
climate, and the presence of highly flammable chaparral vegetation; and
WHEREAS, the City has determined that it is appropriate to expand its existing
vegetation management program by creating a new defensible space program, which
requires clearing of highly flammable chaparral vegetation that is within 100 feet of a
structure designed for human use or the housing of animals, and
WHEREAS, the defensible space program will be governed by Chapter 8 76 of
the Poway Municipal Code, and
WHEREAS, it has been determined that there is a need for a comprehensive
Wildfire Defensible Space Program Policy to supplement the provisions of Chapter 8 76,
and to provide guidance as to the interpretation and implementation of Chapter 8 76
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Poway as follows.
Section i. That the City Council of the City of Poway does hereby adopt the attached
Wildfire Defensible Space Program Policy
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway, State of California this 19th day of August 2008
ATTEST
~ ~ C-.-ye.-.,j~
Salam Hasenin, City Clerk
Resolution No 08-070
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 08- 070 was duly adopted by the City
Council at a meeting of said City Council held on the 19th day of August 2008, and that it
was so adopted by the following vote
AYES EMERY, HIGGINSON, REXFORD CAFAGNA
NOES NONE
ABSENT BOYACK
DISQUALIFIED NONE
~ ~~ ll~er,,'~
Salam Hasenin, City Clerk
City of Poway
City of Poway
Wildfire Defensible Space Program Policy
Section 1 Statement of Policy
Section 2. Definitions
Section 3 Wildfire Defensible Space Program
Section 4 Implementation
Section 5 Requirements for Properties with a Recorded Biological Conservation
Easement
Section 6 Contacts
Wildfire Defensible Space.Program Policy
Page 2
SECTION 1 STATEMENT OF POLICY
A. The City of Poway recognizes the threat of wildfire Due to the City's terrain with
steep mountainous slopes and valleys, a climate that includes warm, dry Santa
Ana winds, and highly flammable chaparral vegetation, comprehensive
strategies for reducing the risk of wildfire are necessary The creation of
defensible space around structures is an important part of the comprehensive
strategy to lessen the devastating impacts of wildfire and enhance firefighter
safety
B The City of Poway requires property owners to maintain defensible space
citywide between a structure, as defined later in this document, and highly
flammable chaparral plant species in accordance with Poway Municipal Code
Chapter 876 (Attachment A) Based on the 1997 Memorandum of
Understanding Between the Fish and Wi/dlife Service of the United States
Department of the Interior, the California Department of Fish and Game, the
California Department of Forestry, the San Diego County Fire Chief's
Association and the Fire District's Association of San Diego County (1997
MOU) , up to 100 feet of defensible space adjacent to structures is
permitted (Attachment E) The targeted plants include highly flammable
vegetation such as sumac, chamise, sage, and scrub oak. Reducing these types
of highly flammable vegetation through thinning and trimming will shorten the
flame length and reduce the speed and intensity of a wildfire Defensible space
around structures will increase the ability to survive a wildfire by helping to
prevent a fire from igniting a structure by reducing the risk of burning embers
from penetrating a structure
C The owner of a structure is generally required by the Fire Marshal to manage the
defensible space within 100 feet of that structure However, in instances where
the required defensible space area encroaches into an adjacent property, it will
be the responsibility of the adjacent property owner to maintain that area in
accordance with this program. For example, if 100 feet of defensible space is
determined a requirement by the Fire Marshal and only 70 feet is located on the
property where the structure is located, then the defensible space improvements
would be performed by two parties. The owner of the parcel with the structure
would be required to thin and reduce highly flammable chaparral fuels 70 feet up
to their own property line, and the remainder of the 100 foot defensible space, or
30 feet, would be the responsibility of the adjacent property owner
D For all new construction or the significant alteration of an existing structure or
property, the City's Vegetative Fuel Management Program as contained in
Section 6 of the City's Guide to Landscape Requirements shall apply
(Attachment F) "Significant alteration" shall be as determined by the City Fire
Marshal
Wildfire Defensible Space Program Policy
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E. This program shall be implemented in accordance with the provIsions of the
1997 MOU described in Section B above These provisions provide for'
a. The ability to create a 100-foot defensible space within City and privately
owned land not protected by a Biological Conservation Easement without
mitigation.
b The ability to create a 100-foot defensible space within open space
easements (public and private) without mitigation.
c. The ability to create a 100-foot defensible space within Biological
Conservation Easements with a 1 1 mitigation ratio as outlined in section
5 of this document.
F This program shall be implemented in accordance with the provisions of Section
5 of this document to ensure compliance with the City of Poway Subarea Habitat
Conservation Plan (HCP)
G If a property owner wants to clear more than 100 feet of defensible space as
allowed in this policy, approvals from the appropriate regulating agencies is
required The cost associated with such a request would be borne exclusively
by the property owner Before clearing any areas containing native vegetation
beyond the 100 foot allowance as described in this policy, the property owner
must contact the Poway Development Services Department at (858) 668-4668,
13325 Civic Center Drive, Poway, California 92064 to ensure that any clearing
activities are in compliance with the Federal and State Endangered Species
Acts, the State Natural Community Conservation Planning Act (NCCP), and the
California Environmental Quality Act (CEQA) Any clearing and/or grubbing of
land would also require the issuance of an Administrative Clearing Permit
(P.M.C 1641 010) from the City of Poway
SECTION 2 DEFINITIONS
Clearing, brushing or grubbing means the complete removal of vegetation (grass,
brush, trees, and similar plant types) to bare soil and is not a permitted activity to
comply with defensible space requirements.
Defensible space means an area that is either natural ormanmade, 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 create an area for fire
suppression operations to occur Defensible space does not require clearing,
grubbing, brushing, grading, or the exposure of bare soil. The area of defensible
space shall be as determined by the Fire Marshal and shall include areas of
vegetation located within1 00 feet from a structure The creation of the required
Wildfire Defensible Space Program Policy
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defensible space shall be accomplished by any combination of one or all of the
following.
A. Cutting and trimming of highly flammable chaparral.
B Removal of dead or dying trees and shrubs.
C Having a landscape design that considers the types of plants used and their
arrangement that achieves the objectives stated above as outlined in Section
6 of the City of Poway's landscape guidelines titled Vegetative Fuel
Management at the Development- Wildland Interface
Fuel, light means vegetation consisting of herbaceous plants and round wood less
than 1/4 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 vegetation means species that provide large fuel
loads such as sumac, scrub oak, chamise, and sage. It does not include low-fuel
load species such as toyon, yucca, lemonade berry, and other similar types of
plants.
Home Assessment means the evaluation of a dwelling and its immediate
surroundings to determine its potential to escape damage by an approaching
wildland fire Includes the fuels and vegetation in the yard and adjacent to the home,
the type of roof construction, decking and siding materials, prevailing winds,
topography, and fire history with the intent of mitigating fire hazards and risks.
Structure means any of the following:
a. Buildings designed primarily for human habitation.
b Structures attached to a building designed primarily for human habitation
including but not limited to garages and patio covers.
c Buildings designed to house large animals such as horses, cows or
sheep
d Structure does not include sheds, storage buildings, or detached
structures that are not designed for human habitation or housing of large
animals
Wildfire Defensible Space Program Policy
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Thinning means the reduction of fuel by methods such as mowing and trimming that
leave the plant root intact to stabilize the soil. The thinning includes the cutting of
highly flammable chaparral species to within 6 to 12 inches of the soil. Thinning will
require ongoing annual maintenance to provide for sufficient and continuous
reduction of fuel levels
Vegetation Management Program means the annual program that focuses on the
abatement of vegetative fuels and/or nuisance vegetation on City and privately
owned lands as required pursuant to Chapter 8 76 of the Poway Municipal Code.
The properties included within this program have been previously identified to
contain an annual re-growth of vegetative fuels and/or nuisance vegetation identified
by the Fire Marshal.
SECTION 3 WILDFIRE DEFENSIBLE SPACE PROGRAM
A. This program shall require all of the following
1 The reduction of flammable vegetation within 100 feet of structures as
determined necessary by the Fire Marshal. This program will also include the
removal of trees that are dead or dying and pose a fire hazard subject to the
following:
a. If there is a question as to the health of the tree, City Staff may consult
with the City arborist, contract Landscape Architect, or contract Biologist to
determine if the tree is dead or dying and the findings shall be provided to
the property owner
b If a property owner does not agree with the above findings that the tree is
dead or dying, a written opinion from a certified arborist indicating the tree
is not dead or dying shall be obtained by the property owner at his/her
expense and provided to the City
2. The provision of individualized home assessments and a no-fee application
process by City staff to property owners where flammable vegetation
reduction is necessary
3 The provision of public education by City staff in the area of wildland fire
safety
4 The requirement of annual maintenance of properties by property owners
5 The requirement of annual inspections by City staff to ensure that the
reduction of flammable vegetation is maintained by property owners
Wildfire Defensible Space Program Policy
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6 The provision of certificates of compliance by City staff to property owners
that create and maintain the defensible space area as required by the Fire
Marshal.
B This program includes the following exceptions.
1 The following plant types are not required to be thinned in conjunction with
implementing wildfire defensible space
a. Low-flammability plant species such as toyon, yucca, and lemonade berry
b Ornamental landscaping; however, some ornamental landscaping may be
highly flammable. City staff will make nonbinding recommendations on
how to reduce the risk.
c. Heritage trees.
2. Existing fences, decks and detached patio covers may remain within the
wildfire defensible space area. However, as these features may present an
increased fire risk to the structure, nonbinding fire safe recommendations will
be provided by City staff to residents. In high fire risk areas, the materials
and method of construction of new fences, decks and patio covers are
regulated by Chapter 15 05, the Wildland-Urban Interface Code of the
Poway Municipal Code.
3 Wildfire defensible space shall not include thinning within streambeds,
banks, and vernal pools as they are excluded from this program based upon
prior agreements with wildlife agencies.
4 A defensible space area of less than 100 feet may be permitted in specific
cases where adjacent fuels are located on a slope of less than 40 percent
and the fuel type is categorized as "light." In no cases shall the defensible
space area be less than 50 feet. The Fire Marshal shall make the
determination as to where this guideline may be applied
C An appeal of the provisions of this program shall be in accordance with PMC
Chapters 8 76 and 2.20
SECTION 4 IMPLEMENTATION
A Implementation of the Wildfire Defensible Space Program shall include the
following'
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1 The City will identify structures that are at risk and do not meet the
defensible space standard as required by the Fire Marshal.
2. The identified properties will then be prioritized by the Fire Marshal for
notification of inclusion in the program based on current fire risk.
3 Prior to commencing any thinning and reducing of highly flammable
chaparral fuels, a home assessment conducted by City staff is required.
There is no fee for this service In order of priority, City staff will contact the
property owners and make appointments to conduct the assessment.
4 A property owner may also request a home assessment by contacting the
Development Services Department. City staff will contact the property owner
within two working days to schedule an appointment to visit the subject
property Scheduling home assessment visits will be prioritized based on fire
risk as determined by the Fire Marshal.
5 A no-fee application form must be completed by City staff during the home
assessment process prior to the removal of any vegetation.
6 Upon completion of the home assessment, a site specific strategy to create
the required defensible space will be developed in cooperation with each
property owner and will include reasonable timelines for completion.
7 City staff will conduct follow-up inspections to ensure completion of the work.
8. Certificates of compliance will be provided to homeowners who create the
required defensible space
9 All parcels that complete the required defensible space thinning and fuel
reduction will then be placed into the City's vegetation management program
for ongoing annual maintenance City staff will send out annual notifications
of required defensible space maintenance as part of its vegetation
management program
B A home assessment will provide a site specific strategy that will provide the
property owner with a step-by-step procedure for initiating and completing the
required thinning and reduction of vegetation including.
1 A dimensioned outline that defines the defensible space area.
2 The types of vegetation to be removed
Wildfire Defensible Space Program'policy
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3 If the vegetation removal area is located within the Mitigation Area of the
City's Habitat Conservation Plan, thinning and reduction activities will only be
permitted after July 1 of each year to minimize disturbance to the nesting
season.
4 Mitigation requirements if the area is located within a recorded Biological
Conservation Easement.
5 Best management practices for thinning and reduction.
6 The property owner shall be provided with the following options with regard
to implementing the site specific strategy'
a. Do the work or hire a contractor to do the work. The City will provide
property owners a list of contractors when requested.
b Request that the City contractor to perform the work. The cost of this
work plus a $150 administrative fee will be placed on the annual property
tax bill of the subject property or the property owner may pay the City
directly for this cost.
C City staff will perform follow-up inspections to ensure compliance with this
program. Failure to comply with the requirements of this program will result in
the property being declared a public nuisance as described in PMC chapter
876
D The City shall provide property owners with annual notifications to maintain the
defensible space requirements through its vegetation management program.
1 The City will place qualifying parcels into the vegetation fuel management
program and notify property owners annually of defensible space
requirements.
2. Annual inspections will be conducted by staff to ensure ongoing compliance
with the program.
3 Subsequent property owners will be responsible for the same requirements.
SECTION 5. REQUIREMENTS FOR PROPERTIES WITH A RECORDED
BIOLOGICAL CONSERVATION EASEMENT
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A. Some properties within the City that were developed after the adoption of the
Poway Habitat Conservation Plan in 1996 may have a Biological Conservation
Easement recorded on them. In most cases, these properties have an
approved Vegetative Fuel Management Plan so the Wildfire Defensible Space
Program would not apply Therefore, creating new defensible space through
this program within a Biological Conservation Easement would only be required
in rare instances
B If it is determined by the Fire Marshal that 100 feet of defensible space from
structure is required within a Biological Conservation Easement, the habitat
removed shall be mitigated in kind by the property owner at a 1 1 ratio
C Each year, the City must report to the U S Fish and Wildlife Service and the
California Department of Fish and Game the amount of habitat lost and gained
as a result of development. That includes habitat lost by grading roads, building
pads for new houses, and by implementing the Wildfire Defensible Space
Program. In order to track the habitat lost through this Program, there is a no-
fee application form that must be completed by City staff prior to the removal of
any native vegetation
D Because of the above reporting requirements, the amount of vegetation
removed is limited to only that authorized by the City As the HCP requires the
City to cumulatively protect over 10,000 acres over the life of the program, all
habitat loss is important. To this end, removing habitat in excess of what is
required by the City or removing habitat without authorization could result in
fines and/or the need to revegetate the unauthorized clearing and to monitor the
regrowth for up to five years
SECTION 6 CONTACTS
Development Services/Code Compliance (858) 668-4663
(858) 668-4664
Safety Services/Fire Marshal (858) 668-4462