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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Brad Lind & Isaac Bowers DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT: Proposed ordinance (1) modifying a State map identifying the areas in the City
considered to be very high fire hazard severity zones and adopting it as the City's
Wildland-Urban Interface Fire Area Map; (2) updating sections of the City’s
Municipal Code which reference the City’s current hazardous fire area map to ensure
they reference the new Wildland-Urban Interface Fire Area Map; and (3) adopting
revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code
specifying enforcement procedures for violations of that article.
RECOMMENDED ACTIONS:
(1) Open the public hearing and consider all testimony received;
(2) Introduce and waive the first reading of the attached ordinance; and
(3) Direct staff to place the ordinance on the consent calendar for adoption at the April
15, 2009 City Council meeting.
BACKGROUND & SUMMARY:
State law requires the State Director of Forestry and Fire Protection (CAL FIRE) to provide
cities with a map identifying the areas in the city that the CAL FIRE Director has determined to be
very high fire hazard severity zones (the “State Map”). The City recently received the proposed
State Map for Saratoga. (The area identified by the State is shown in red on Attachment B.)
Properties within the very high fire hazard severity zones delineated on the State Map are subject to
the provisions in the California Government Code sections 51175 through 51189. These sections of
the Government Code contain requirements to promote fire safety. Many of these are similar to
requirements in the current City Code. (Independently of the State law the City had earlier adopted
a map showing fire hazard zones and imposing design and building standards reflecting the
increased risk in those areas. The existing City Map is included as Attachment C.) Attachment D
summarizes the requirements of the State law and compares them to the existing requirements of the
City Code. Attachment A is an ordinance that would implement the requirements of State law.
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The City is required to adopt the State Map with any modifications it deems necessary. Staff
consulted with the Saratoga Fire District and the County of Santa Clara Fire Department to consider
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whether any modifications would be in order and the Chief agreed that the map should be modified
to include all areas in Saratoga previously designated by the City as high fire hazard severity zones.
Accordingly, the attached ordinance would modify the State Map in that way and adopt the modified
map as the City’s Wildland-Urban Interface Fire Area Map. The areas shown for addition to those
identified by the State are shown in orange on Attachment B. (If Attachment B is approved by
Council, a revised version will be prepared showing the entire area in a single color.) The proposed
ordinance would also update several sections of the City Code which currently reference the City's
current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire
Area Map.
Finally, the proposed ordinance would adopt revisions to Article 16-60 (“Early Warning Fire
Alarm System”) of the City Code specifying enforcement procedures for violations of that article.
The amendment would allow the Chief of the Fire District in which a violation occurs to notify the
property owner in violation and to record a notice of the violation with the County Recorder if the
violation is not cured. The Board of the Saratoga Fire District would hear appeals of such
enforcement actions.
ENVIRONMENTAL DETERMINATION:
The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA)
pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. Here it can be
seen with certainty that there is no possibility the activity in question may have a significant effect
on the environment and therefore the activity is not subject to CEQA.
ALTERNATIVES:
Continue this item to another City Council meeting to allow staff to incorporate comments
from this meeting and return with an amended ordinance as necessary.
FISCAL IMPACTS: No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A copy of the State Map and the proposed modifications was posted on the City’s website on
February 26, 2009.
Notice of this meeting was published in the Saratoga News on March 17, 2009.
As required by State law, after the adoption of this Ordinance a copy of the Wildland-Urban
Interface Fire Area Map will be posted in the City of Saratoga’s Building Department and notices
identifying the location of the map will be posted at the offices of the recorder, assessor and
planning agency.
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ATTACHMENTS:
Attachment A – Ordinance
Attachment B – Proposed Wildland-Urban Interface Fire Area Map
Attachment C – Existing City of Saratoga Fire Hazard Map
Attachment D – Comparison of State and City Fire Hazard Map Requirements
P:\SARATOGA\RESOLUTI\Fire Hazard Map Adoption Ordinance\Staff Report (Fire Hazard Map Ordinance - First Reading).doc