Del Norte County Municipal Code § 19.04 Administration 19.04.10 Title 19.04.20 Purpose 19.04.30 Scope 19.04.40 Local…

These regulations shall be known as “SRA Fire Safe Regulations,” and shall constitute the basic wildland fire protection standards of the County for lands within State Responsibility Areas (SRA).

(Ord. 2016-003)

These regulations have been prepared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in SRA. These regulations constitute local alternative standards as authorized by Section 4290 of the Public Resources Code. The future design and construction of structures, subdivisions and developments in SRA shall provide for basic emergency access and perimeter wildfire protection measures as specified in the following sections. These measures shall provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; and vegetation modification. The fire protection standards which follow shall specify the minimums for such measures.

(Ord. 2016-003)

1. These regulations shall apply as appropriate to all of the following activities which are approved in the SRA after January 1, 1991:

   1. the creation of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d);

   2. new construction, not relating to an existing structure, which requires a building permit;

   3. land use or development which requires a use permit;

   4. the siting of manufactured homes; and

   5. new road construction, including construction of a road that does not currently exist, or an extension of an existing road.

2. Notwithstanding paragraph (A) of this section, these regulations shall not apply to:

   1. enlargement, alteration, repair or improvement of any building or structure existing on the effective date of these regulations;

   2. new construction of accessory structures where the building permit for the main building was filed prior to January 1, 1991;

   3. land use or development which requires a use permit in the following cases: oversize or overheight accessory buildings where the main building exists on the effective date of these regulations, home enterprises within existing residences, home occupations, guest lodging within existing residences, small livestock farming, animal husbandry, hog farming, nurseries, and plant gardens;

   4. roads required as a condition of tentative parcel or final maps prior to the effective date of these regulations;

   5. roads for agricultural or mining use solely on one ownership;

   6. roads use solely for the management and harvesting of wood products; and

   7. repair or maintenance of any road, street or private lane existing on the effective date of these regulations.

(Ord. 2016-003)

Nothing contained in these regulations shall be considered as rescinding the provisions of any ordinance, rule or regulation of any state or local jurisdiction providing such ordinance, rule, regulation or general plan element is equal to or more stringent than these minimum standards. The State Board of Forestry may certify local ordinances as equaling or exceeding these regulations when they provide the same practical effect. The State Board of Forestry’s certification of local ordinances pursuant to this section is rendered invalid when previously certified ordinances are subsequently amended by local jurisdictions without State Board of Forestry re-certification of the amended ordinances. The State Board of Forestry’s regulations supersede the amended local ordinance(s) when the amended local ordinance(s) are not re-certified by the State Board of Forestry. Amendments made by local jurisdictions to previously certified ordinances shall be re-certified as described in 14 CCR §§ 1270.01 and 1270.03.

(Ord. 2016-003)

These regulations shall be applied as follows:

1. The County shall provide the local CAL FIRE Unit with notice of applications for building permits (where exceptions are requested), tentative parcel maps, tentative maps, and use permits for construction or development (other than those excluded under 19.04.30 (B) within SRA. The County need not provide CAL FIRE with notice of applications for building permits or use permits if the County determines that the permit complies with Title 19 and no exceptions from these regulations are required;

2. The County shall request CAL FIRE to review and make fire protection recommendations on applicable construction or development permits or maps provided by the County. CAL FIRE shall respond within thirty (30) days of the referral. If CAL FIRE does not respond within the time provided, the County shall assume that CAL FIRE supports the development proposal as submitted;

3. The County shall ensure that the applicable sections of Title 19 become a condition of approval of any applicable construction or development permit or map; and

4. The application of these regulations shall be confined to the real property that is the subject of the building permit or other grant of land use or development approval by the County, unless otherwise stated. Nothing contained in these regulations shall be considered as abrogating the provisions of any ordinance, rule or regulation of the state or county, including the provisions of the California Environmental Quality Act (CEQA), which may require the evaluation and mitigation of potential impacts of the project beyond the limits of the real property that is the subject of the building permit or other grant of land use or development approval before the County.

(Ord. 2016-003)

1. Inspection shall be made pursuant to Section 19.04.70 by:

   1. the Community Development Director or his/her designee, or

   2. the Director of the California Department of Forestry and Fire Protection (CAL FIRE) or his/her designee.

   3. The reporting party shall report violations of these regulations to the CAL FIRE Unit headquarters that administers SRA fire protection in the County and the Community Development Department.

• (Ord. 2016-003)

The inspection authority may inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.

(Ord. 2016-003)

The County seeks to protect the intent of the State Fire Safe Regulations while ensuring that no undue hardship occurs at the County level due to conditions peculiar to the County. The exceptions procedure is provided with the intent of ensuring that every individual who is negatively impacted will get a fair hearing before the local jurisdiction who are competent to judge the legitimacy of that individual's concerns. The local inspection authority together with the local representative of CAL FIRE is therefore directed to hear requests for exceptions to the provisions of these regulations on a case by case basis, making a comprehensive review of the circumstances in each case, taking special note of such factors as:

1. pre-existing development patterns that would cause strict imposition of these standards to entail hardship to the landowner not similarly situated;

2. existence of protected environmentally sensitive habitat or large trees; and

3. economic factors which may affect the affordability of housing as described in the Housing Element of the County's General Plan.

(Ord. 2016-003)

Upon request by an applicant, exceptions to standards adopted by the County to implement the SRA Fire Safe Regulations may be allowed, where the exception provides the same practical effect as the SRA Regulations. Exceptions granted shall be forwarded to the appropriate CAL FIRE Unit Office that administers SRA fire protection in that county and shall be retained on file at the Unit Office.

(Ord. 2016-003)

1. An applicant may apply to the Community Development Director for an exception to the standards of Title 19 exclusively. An exception shall be an alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem. The application for an exception shall be accompanied by such information as the Community Development Department and CAL FIRE requires. Any request for an exception shall be made on a form prepared by the Community Development Department. At a minimum, the application shall contain the following information:

   1. a description of the specific section(s) for which an exception is requested;

   2. material facts supporting the contention of the applicant;

   3. details of the exception or mitigation measures proposed; and

   4. a map showing the proposed location and siting of the exception or mitigation measure(s).

2. The Community Development Director shall request the California Department of Forestry and Fire Protection (CAL FIRE) to review the exception request. CAL FIRE shall respond within thirty (30) days of the referral with documentation outlining the effects of the requested exception on wildland fire protection. If CAL FIRE does not respond within the time provided, the Community Development Director shall assume that CAL FIRE concurs with the Community Development Director’s decision. The Community Development Director shall not approve an exception request if the recommendation from CAL FIRE is for denial.

3. The Community Development Director shall give written notice of his/her decision to the applicant. Notice shall also be given to CAL FIRE.

(Ord. 2016-003)

1. Any person aggrieved by the decision of the Community Development Director may appeal to the Board of Supervisors. The appeal shall be filed with the Board of Supervisors within ten (10) days of the date of receipt of the Community Development Director’s decision and shall be accompanied by a written statement of the reasons why the decision should be overturned and by a fee established by the Board of Supervisors.

2. The Board of Supervisors shall consider the appeal at the earliest possible date. Review by County Counsel may be necessary prior to the Board of Supervisors hearing the appeal. The decision of the Board of Supervisors is final and binding.

3. If an appeal is granted, the Board of Supervisors shall make findings that the decision meets the intent of providing defensible space consistent with these regulations. Such findings shall include reasons for the decision.

4. A written copy of the findings adopted under paragraph (C) above shall be provided to the CAL FIRE Ranger Unit headquarters that administers SRA fire protection in the County.

(Ord. 2016-003)

Unless the context otherwise requires, the definitions set out in Title 19 shall be used in the interpretation and construction of these regulations. Words used in the present tense shall include the future tense, and in the future tense shall include the present tense; the singular number shall include the plural number, and the plural shall include the singular.

"Abatement." For the purpose of Title 19 means the restoration of the specific measure(s) or mitigation required as a condition of the permit, parcel or map approval pursuant to these regulations.

"Accessory building." Any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, Occupancy that requires a building permit.

"Agriculture." Land used for agricultural uses as defined in Del Norte County Codes Sections 20.04.04 (NonCoastal Zoning) and 21.04.20 (Coastal Zoning).

"Board." The Del Norte County Board of Supervisors.

"Building." Any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code, 1989 Amendments, Chapter 11, except Group M, Division 1, Occupancy. For the purpose of Title 19, building includes mobilehomes and manufactured homes, churches, and day care facilities.

"California Environmental Quality Act (CEQA)." Means the California Environmental Quality Act, California Public Resources Code Section 21000 et seq.

"CAL FIRE." California Department of Forestry and Fire Protection.

"County." The County of Del Norte.

"Dead-end road." A road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

"Defensible space." The area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.

"Development." As defined in Section 66418.1 of the California Government Code and Section 21.04.194 of the Del Norte County Code as it pertains to activities located within the California Coastal Zone.

"Director of Community Development." The Director of the County Department of Community Development or his/her designee.

"Director." Director of the Department of Forestry and Fire Protection or his/her designee.

"Driveway." A vehicular access that serves no more than two buildings, with no more than three dwelling units on a single parcel, and any number of accessory buildings. A driveway shall be within a deeded right-of-way or on the property it serves.

"Dwelling unit." Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.

"Exception." An alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem.

"Fire valve." See hydrant.

"Fuel modification area." An area where the volume of flammable vegetation has been reduced, providing reduced fire intensity and duration.

"Greenbelts." A facility or land-use, designed for a use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

"Hammerhead/T." A roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

"Hydrant." A valved connection on a water supply/storage system, having at least one 2-1/2 inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hose with water.

"Local Roadway." Any road which, because of its location with reference to other roads, or other sources of traffic, carries or will carry traffic from areas of low traffic generation to collector or arterial roads. Local roadways primarily serve as access to adjacent residential land. Also referred to as a “local road” in Title 12.

"Local Jurisdiction." Any county, city/county agency or department, or any locally authorized district that issues or approves building permits, use permits, tentative maps or tentative parcel maps, or has authority to regulate development and construction activity.

"Occupancy." The purpose for which a building, or part thereof, is used or intended to be used.

"One-way road." A minimum of one traffic lane width designed for traffic flow in one direction only.

"Roads, streets, private lanes." Vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwellings units. Roads, streets, and private lanes shall be within a deeded right-of-way.

"Roadway." Any surface designed, improved, or ordinarily used for vehicle travel.

"Roadway structures." Bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders.

"Same practical effect." As used in Title 19, means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for firefighter safety, including:

1. access for emergency wildland fire equipment;

2. safe civilian evacuation;

3. signing that avoids delays in emergency equipment response;

4. available and accessible water to effectively attack wildfire or defend a structure from wildfire; and

5. fuel modification sufficient for civilian and firefighter safety.

"Shoulder." Roadbed or surface adjacent to the traffic lane.

"State Board of Forestry (SBOF)." A nine member board, appointed by the Governor, which is responsible for developing the general forest policy of the state, for determining the guidance policies of the Department of Forestry and Fire Protection, and for representing the state's interest in federal land in California.

"State Responsibility Area (SRA)." As defined in Public Resources Code Sections 4126-4127; and the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 1, Sections 1220-1220.5.

"Structure." That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner.

"Subdivision." As defined in Section 66424 of the California Government Code.

"Traffic lane." The portion of the roadway that provides a single line of vehicle travel.

"Turnaround." A roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.

"Turnouts." A widening in a roadway to allow vehicles to pass.

"Vertical clearance." The minimum specified height of a bridge or overhead projection above the roadway.

"Wildfire." As defined in California Public Resources Code Sections 4103 and 4104.

(Ord. 2016-003)

All specified or referenced distances are measured along the ground surface, unless otherwise stated.

(Ord. 2016-003)

1. To ensure continued maintenance of properties in conformance with these standards and measures and to assure continued availability, access, and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans and/or shall be provided as a condition of approving any activity subject to these regulations. Provisions deemed to satisfy this requirement include but are not limited to:

   1. development of a binding maintenance association or similar agreement between affected property owners formed for the subdivision prior to map recordation;

   2. recordation of binding Covenants, Conditions, and Restrictions (CC&R) for maintenance of individual measures which are enforceable against the property; or

   3. recordation of a Notice of Requirement for Maintenance against the real property by the County prior to issuance of a building permit or as a condition of initiating a use authorized under a use permit.

2. The inspection authority may conduct inspections to ensure compliance with the standards as set forth in the development plans and/or conditions of permit, parcel or map approval. Violation of these regulations shall be subject to the penalties as set forth in Chapter 19.28 of this ordinance.

(Ord. 2016-003)