Anaheim Municipal Code Ch. 16.40 Designation of Very High Fire Hazard Severity Zones

.010 The State Legislature has added Chapter 6.8 (commencing with Government Code Section 51175) to Part I of Division I of Title 5 of the Government Code and has amended Section 13108.5 of the Health and Safety Code (collectively the "statutes") providing for designation of areas in the state as moderate, high and very high fire hazard severity zones and identifying measures to retard the rate of spread and reduce the potential intensity of uncontrolled fires; and

.020 The California Director of Forestry and Fire Protection has recommended certain areas within the City of Anaheim be classified as moderate, high and very high fire hazard severity zones; and

.030 The statutes require the City of Anaheim to act upon these recommended classifications within one hundred twenty days of their receipt; and

.040 In order to comply with the aforementioned statutes, and in order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to adopt an ordinance establishing moderate, high and very high fire hazard severity zones within the City of Anaheim, including areas of the City of Anaheim governed by development agreements heretofore approved by the City pursuant to Section 65864, et seq, of the Government Code ("development agreements").

.050 The Fire Marshal's office of the City of Anaheim notified parties to development agreements of the proposed designation of said moderate, high and very high fire hazard severity zones and, where requested, conferred with parties to said development agreements in a good faith effort to address any questions or problems presented. Of all means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, designation of the zones and establishing those procedures set forth in Sections 16.40.040 and 16.40.050 are the most reasonable means to protect the health, safety and welfare of the public.

.060 The City Council does hereby further find and determine that failure to adopt the provisions of this chapter and to make said provisions applicable to properties which are subject to existing development agreements would result in a condition injurious or detrimental to the public health and safety and that the provisions of this chapter are reasonably necessary to correct or avoid such injurious or detrimental condition. Consequently, the provisions of this Chapter shall apply to all property located within the moderate, high and very high fire hazard severity zones described in Section 16.40.020 of this chapter notwithstanding that said property may be the subject of a development agreement which became effective prior to the date of adoption of this chapter and which development agreement contains any provision to the contrary.

.070 It is also necessary for the City of Anaheim to designate those individuals from the City of Anaheim who will enforce the provisions of Government Code Sections 51175 through 51188 and Health and Safety Code Sections 13108.5, 13143.2 and 13143.5. (Ord. 5523 § 1 (part); October 3, 1995; Ord. 6612 § 1; June 17, 2025.)

The City of Anaheim designates those areas identified on the Fire Hazard Severity Zone Map published by the Director of the California Department of Forestry and Fire Prevention (CAL FIRE), on file in the Anaheim Fire Department and the Office of the City Clerk, as Fire Hazard Severity Zones within the City in accordance with Section 51179(a) of the California Government Code.

The areas identified on the Fire Hazard Severity Zone Map published by CAL FIRE shall be subject to the requirements of Government Code Sections 51175 through 51188, inclusive, Health and Safety Code Sections 13108.5, 13143.2 and 13143.5, Public Resources Code Sections 4201-4204, California Code of Regulations Title 14, Section 1280, as well as such additional requirements as may be established for fire hazard severity zones by the City of Anaheim or by State law. (Ord. 5523 § 1 (part); October 3, 1995; Ord. 6239 § 1; April 17, 2012; Ord. 6612 § 2; June 17, 2025.)

A property which is designated as being within a very high fire hazard severity zone may later be excluded from the very high fire hazard severity zone upon a finding supported by substantial evidence in the record of equivalent or alternative fire protection measures such that the requirements of Section 51182 of the Government Code and other requirements applicable to said zone are not necessary for effective fire protection within the area to be excluded.

.010 The procedures for excluding property from within a very high fire hazard severity zone and from the requirements of Government Code Section 51182 are set forth in Section 16.40.050 hereinbelow.

.020 Upon a determination that the property shall be excluded from the very high fire hazard severity zone, the property shall be relieved of further compliance with Section 51182 of the Government Code or with any other requirements imposed upon property within the very high fire hazard severity zone.

.030 The procedures for inclusion of areas of the City of Anaheim within a very high fire hazard severity zone, including areas previously removed pursuant to Sections 16.40.040 and 16.40.050, are set forth in Section 16.40.060 hereinbelow. (Ord. 5523 § 1 (part); October 3, 1995.)

Property within a very high fire hazard severity zone may be excluded from said zone upon petition by the legal or equitable owner of the property and findings by the City Council, supported by substantial evidence in the record of equivalent or alternative fire protection measures such that the requirements of Section 51182 of the Government Code are not necessary for effective fire protection within the area to be excluded. (Ord. 5523 § 1 (part); October 3, 1995.)

Upon recommendation of the Fire Chief, the City Council may add areas to a very high fire hazard severity zone, including areas previously removed pursuant to Sections 16.40.040 and 16.40.050 above, if the City Council finds, upon substantial evidence in the record, that the requirements of Government Code Section 51182 are required for effective fire protection within the area to be designated a very high fire hazard severity zone. The demonstrated failure of a property owner to substantially comply with the applicable provisions of the Uniform Building Code and/or Appendix II-A of the Uniform Fire Code may constitute substantial evidence that imposition of the requirements of Section 51182 are required for effective fire protection within the property to be redesignated as a very high fire hazard severity zone, provided that the property meets all other state and local requirements for inclusion within a very high fire hazard severity zone. (Ord. 5523 § 1 (part); October 3, 1995.)

When property is excluded from a very high fire hazard severity zone or added to a very high fire hazard severity zone, the Fire Chief shall cause the very high fire hazard severity zone map to be amended to reflect such exclusion or addition. (Ord. 5523 § 1 (part); October 3, 1995.)

The Building Official, Code Enforcement Officers and the Anaheim Fire Chief, or their designees, are authorized to enforce the provisions of this chapter and the provisions of Government Code Sections 51175 through 51188, inclusive, applicable provisions of the Health and Safety Code and such additional requirements as may be established by the City Council of the City of Anaheim to retard the rate of spread and reduce the potential intensity of uncontrolled fires and to enforce such measures. (Ord. 5523 § 1 (part); October 3, 1995.)