Fontana Municipal Code Div. 8 Fire Hazard Overlay District

(a) Applicability. The fire hazard overlay provisions shall apply in areas so designated on the current general plan land use map. The fire hazard overlay shall initially be based on the 2008 very high fire hazard severity zones map from the California Department of Forestry and Fire Protection (Cal FIRE) and on such other subsequent maps or evidence as deemed appropriate by the City.

(b) Purpose. The fire hazard overlay district is created to provide greater public safety to City residents and structures in areas prone to wildfires, by establishing development standards for these areas.

(c) Fuel modification zone plan. Each new tentative tract map application, tentative parcel map application, or design review application within the overlay zone shall include a fuel modification zone (FMZ) plan, plotted to the same scale as the preliminary grading plans and site plans, showing all fuel modification areas as required. The fuel modification zone plan shall be submitted as part of a project concurrently with the aforesaid entitlement applications, to the Community Development Department and shall be reviewed and deemed acceptable by the Fontana Fire Protection District prior to such applications being approved. The fuel modification zone plan shall address the standards referenced in Section 30-658 below, and shall contain the following items:

(1) The natural ungraded slope contour of the land within the project and in the areas adjacent to the project; and

(2) Locations of all onsite as well as offsite fuel modified areas; and

(3) Fire department access to the project and access to the fuel modified area as described in Section 30-658; and

(4) The treatment and maintenance of all fuel modified areas; and

(5) The soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion, if required; and

(6) A legend with symbols of all fire resistive landscape plant materials used.

(7) When applicable, a landscaping and irrigation plan shall be submitted for the fuel modification zone.

(d) Construction plans. Each new building permit application for a new single family and multifamily dwelling, or any other new construction project within a residentially zoned property, shall include the information required in Section 30-656(c)(1) through (7) above, either on a grading plan, a site plan, or a separate fuel modification zone plan as part of the project concurrently with building construction plans. Such information shall be reviewed and approved by the Fontana Fire Protection District prior to such permits being issued.

The fuel modification zone shall be installed prior to the issuance of the certificate of occupancy.

(e) Fire protection district standards. The Fire Chief or Fire Marshal of the Fontana Fire Protection District shall have the authority to create local guidelines and standards that pertain to the types of acceptable vegetation and maintenance of fuel modification zones, as well as requirements for fire access roadways and fire protection systems within the fire hazard overlay.

(f) Additions, alterations, enlargements, or reconstructions. When an area of an addition, alteration, enlargement or reconstruction of an existing structure equals or exceeds 50 percent of the existing square footage of the structure, the construction requirement provisions of this Section 30-656 shall apply to the entire structure impacted by such addition, alteration, enlargement, or reconstruction.

(g) Definitions. In addition to the definitions contained in this Title, the words and phrases set forth below, shall, for the purposes of this division, be given the following meaning, unless the content clearly requires otherwise:

Development perimeter means the portion of a development that is nearest the limits or boundary of the development project and nearest any surrounding undeveloped natural or maintained open space. The location of the development perimeter for each development project shall be determined by the Fontana Fire Protection District.

Fuel modification zone means a portion of land, between the perimeter of a development and undeveloped land or open space; where combustible vegetation has been removed, modified by cutting or thinning, or partially or totally replaced with approved fire-resistant plant material in order to provide a level of protection to structures from wildfires.

Fire protection plan means a development project specific plan or study that is prepared by a consultant approved by the Fontana Fire Protection District Fire Chief or Fire Marshal. The fire protection plan shall address fire protection impacts and recommended mitigation, as part of an "Alternate Protection Measures" submittal per Section 30-656(e)(3).

(Ord. No. 1972, § 3(Exh. A), 7-22-25)

(a) Permitted uses. Any use permitted in the underlying zoning district shall be permitted in the fire hazard overlay district.

(b) Applicability of land use zoning district standards and other overlay standards. The development standards established by a land use zoning district and any applicable overlay shall apply, except as modified by this section.

(a) Site and emergency access. Each development project, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to applicable City street standards. The fire protection district may authorize one point of vehicular ingress and egress access to be an emergency vehicle access (EVA) only route with a minimum 26-foot wide paved driving surface, if the fire protection district first makes each of the following findings:

(1) Two points of full vehicle access are impractical due to characteristics of the land or are physically infeasible, as determined by the Fire Chief; and

(2) Legal agreements have been made to reasonably ensure that the emergency vehicle access will be maintained; and

(3) The emergency vehicle access route will provide adequate vehicular ingress and egress during emergencies; or

(4) Alternate protection measures have been submitted and approved in accordance with the provisions of Section 30-656(e).

(b) Culs-de-sac. The length of a cul-de-sac shall not exceed 350 feet in length, except as allowed by this section.

(1) A cul-de-sac may exceed 350 feet in length, but shall not exceed 600 feet in length if the Fire Chief of the Fontana Fire Protection District makes the following findings:

a. The cul-de-sac is situated and designed so that each parcel taking access from it is not contiguous to or exposed to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildfires; and

b. The total number of dwelling units taking access from the cul-de-sac is no more than 15 dwelling units; and

c. Alternate protection measures have been submitted and approved in accordance with the provisions of Section 30-656(e).

(c) Fuel modification zones.

(1) Permanent fuel modification zones. A permanent fuel modification area shall be required around a development project or portions thereof that are in the fire hazard overlay, for the purpose of fire protection. In no case shall fuel modification zones be less than 100 feet in width, as measured from the side or rear property lines of private lots. Fuel modification zones shall be allowed to be designated on City owned and maintained open space, commonly owned open space maintained by a Home Owners Association (HOA), or on City or HOA maintained easements on private property adjacent to new development projects. Fuel modification zones shall not be allowed to be designated on privately owned open space on individual lots within a new development project except as approved on a fire protection plan described in Section 30-656(e). Fuel modification zones shall be within the project boundary (onsite) and shall not be designated on parcels of land adjacent to the project (off-site) unless the following findings are made by the Director of Community Development and the Fire Chief or Fire Marshal:

a. The approval of such off site fuel modification zones would be necessary to achieve consistency with the land use designation, density and zoning of the properties being developed; and

b. An easement is recorded on adjacent parcels, to the satisfaction of the City and the fire protection district, that designates fuel modification areas and specifies the maintenance that is to occur in these areas, and grants permission of all parties performing maintenance; and

c. A recorded agreement is formed and signed by all parties that will hold all City personnel harmless of liability while performing maintenance; and

d. A recorded agreement together with a community facilities district or other tax assessment is established to the satisfaction of the City and the fire protection district that will fund bi-annual inspections of all fuel modification zones as well as provisions for maintenance by the City upon documented default of any private party performing the maintenance.

(2) Temporary fuel modification zones. When fuel modification zones are required on adjacent parcels of land on which the current land use designation and zoning allows for development in the future, temporary fuel modification zones may be allowed to be used with the approval of the Community Development Director and the Fire Chief. When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The requirements for a temporary fuel modification area shall be based upon the same considerations described in Section 30-656(c)(1), above, for permanent fuel modification zones.

(3) Perimeter access to fuel modified and fire hazard areas. Each development project shall provide adequate vehicular access for fire fighting vehicles into fuel modified areas from the boundary of the project, along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, or a fire hazard area. Provisions shall be made, and shall be required where necessary, through conditions, covenants, and restrictions recorded on each parcel within the development project, for the continual maintenance of paved roadways intended to provide the access, in order for them to remain unobstructed, in drivable condition, and meet all other Fontana Fire Protection District regulations. Perimeter access shall be provided through either of the following measures, or through alternate measures in compliance with Section 30-656(e):

a. A fire vehicle and apparatus access road along the development perimeter, or portion thereof that is exposed to a fire hazard must meet the following criteria:

1. The road shall be capable of supporting fire-fighting equipment, shall be at least 20 feet in width, and shall not exceed a maximum grade of 14 percent.

2. The road may have gates installed at the entrances at the development perimeter per the requirement of the fire protection district.

b. Fire vehicle and apparatus access roadways, situated between lots at the development perimeter or portion thereof that is exposed to a fire hazard, and which are accessible to firefighting equipment shall consist of the following standards:

1. Such roadways shall be spaced at intervals of no more than 350 feet apart as measured along each street.

2. Such roadways shall be at least 12 feet in width, with a maximum grade not to exceed 14 percent, and capable of supporting fire fighting vehicles. Such roadways may have gates installed at the entrances at the development perimeter per the requirements of the fire protection district.

(4) All new development within the fire hazard overlay district shall comply with current California Building Standards Codes, including the provisions of the California Building Code (CBC) Chapter 7A (Materials and construction methods for exterior wildfire exposure).

(d) Fences.

(1) Where wood or vinyl fencing is used, there shall be a minimum five-foot separation between the wood or vinyl fencing and the wall of the nearest structure. Fencing within the five-foot separation area shall be of noncombustible materials.

(2) Fences or walls required adjacent to fuel modification areas or wildfire prone areas as conditions of approval for a development project shall be constructed of masonry per the California Building Code.

(3) Where side and rear yards are enclosed by walls or fencing, gates shall be provided on both side yards for emergency access to the rear yard.

(e) Alternate Protection Measures.

(1) Purpose. The purpose of this section is to allow greater design flexibility than would otherwise be permitted, and to more practically achieve the purposes of the fire hazard overlay district. Upon the agreement of both the Director of Community Development and the Fire Chief or Fire Marshal of the Fontana Fire Protection District, the substitution of alternate protection measures as documented in an approved fire protection plan may be substituted for otherwise applicable requirements if it is found that they provide the same or a greater level of protection from wildfires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.

(2) Applicability. The provisions of Section 30-656(e) alternate protection measures shall apply only to the standards and requirements of:

a. Site and emergency access.

b. Length of culs-de-sac.

c. Width and treatment of fuel modification zones.

d. Perimeter access to fuel modified and fire hazard areas.

(3) Substitution of alternative protection measures for development standards and requirements.

a. If alternative protection measures are proposed, the Fire Chief or Fire Marshal of the fire protection district shall determine, with specific consideration of the effect of the proposed alternative protection measures, whether the proposed development project has adequate provisions for fire protection, including the ongoing maintenance of fuel modified areas. The fire protection district shall give consideration to the recommendations of the fire protection plan and make each and all of the following findings:

1. The approved alternative protection measures meet the intent of, and serve the same purpose as, all of the established standards and requirements; and

2. The approved alternative protection measures provide the same or a greater level of protection or are as effective as the established standards or requirements; and

3. There are clear and substantial reasons for utilizing the alternative protection measures, because they provide for a more efficient and economic use of the site, or provide for a superior design in terms of safety and efficiency, in the opinion of the Fire Chief, Fire Marshal, and the Community Development Director.

b. If the fire protection district makes a positive determination in compliance with this section, such alternate protection measures shall be approved and signed by the fire protection district prior to approval of the project and may be substituted for specific requirements of this Code and the established standards of the district.