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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 Page 3 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 Page 4 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 Page 5 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 Page 6 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' Wildfire Defensible Space Program Policy Page 7 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 Page 8 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 Wildfire Defensible Space Program Policy Page 9 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