Sonoma County Municipal Code § 13-27 Distance measurements

The board of supervisors makes the following findings pertaining to the conditions and requirements contained in this article:

(a) The conditions and requirements contained in this article are consistent with and in furtherance of the goals, objectives and policies of the public safety element of the general plan.

(b) The conditions and requirements contained in this article are necessary because the failure to adopt them would place residents and property within the unincorporated area of the county in a condition perilous to health or safety, or both.

(c) The conditions and requirements contained in this article are necessary to comply with the requirements of Public Resources Code section 4290 and California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations.

(d) The conditions and requirements contained in this article are necessary because growth and development within the unincorporated area of the county has increased the potential for significant losses from wildland and structure fires and adversely impacted rural and wildland fire fighting resources.

(e) The conditions and requirements contained in this article are necessary because wildland fires are becoming an increasing threat to structures and loss of life, where in the past the only threat was to wildland resources.

(f) The conditions and requirements contained in this article are necessary because structure fires are escaping to the surrounding wildlands and destroying other structures as well as wildland resources.

(g) The conditions and requirements contained in this article are necessary because there are not enough firefighting resources available, even with mutual aid, to protect both wildland resources and the structures intermingled amongst such resources and it is financially infeasible to increase firefighting resources to the level necessary to provide such protection.

(h) The conditions and requirements contained in this article are necessary because they represent a cost effective alternative to increasing firefighting resources.

(i) The conditions and requirements contained in this article will ensure that all new development within the unincorporated area of the county will provide a basic level of fire protection around itself making it easier and safer for firefighters to fight wildland and structure fires.

(j) The conditions and requirements contained in this article will not totally prevent losses from wildland and structure fires, but will reduce the severity of the losses that do occur through built-in fire protection and better fire response infrastructure.

(k) The conditions and requirements contained in this article will create an opportunity for firefighters to defend a structure from a threatening wildland fire and protect the wildlands from an escaping structure fire.

(l) The conditions and requirements contained in this article will increase the safety of firefighters protecting lives, structures and wildland resources.

(Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations

This article shall be known and may be cited as the "Sonoma County Fire Safe Standards."

(Ord. No. 6396, § II, 12-6-2022; Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.00

This article is adopted for the purpose of establishing minimum fire safe standards for development within the unincorporated areas of the county.

Development located in the state responsibility area (SRA) and the very high fire hazard severity zones (VHFHSZ) in the local responsibility area (LRA) is subject to the provisions of California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations.

Development located in the LRA, except for the VHFHSZ, is subject to this article. Where a development subject to the provisions of this article cannot meet a specified standard, an exception to the standard may be applied for pursuant to Section 13-23. This article is not intended to restrict or otherwise limit the authority or discretion of the county to impose additional requirements when reviewing applications for development. Nothing in this article is intended to supersede more restrictive provisions of this code and where another provision of this code establishes a more stringent requirement, that requirement shall control.

(Ord. No. 6396, § II, 12-6-2022; Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.01.

(a) All development subject to the provisions of this article shall be constructed and maintained in compliance with the standards specified in this article. Approvals and permits for any development may be withheld or refused until adequate provision has been made to ensure such compliance.

(b) Exceptions to the standards specified in this article and mitigated practices may be allowed where the exception or mitigated practice provides the same overall practical effect as the specified standards.

(c) Application for an exception or mitigated practice shall be made in writing by an applicant for development or the applicant's authorized representative. The application shall state the specific section or sections of this article for which an exception or mitigated practice is proposed, material facts supporting the contention of the applicant, the details of the exception or mitigated practice proposed, and a map showing the proposed location and setting of the exception or mitigated practice. The burden of proving that a proposed exception or mitigated practice is warranted shall be on the applicant.

(d) The county fire warden/fire marshal shall determine whether to grant, deny, or modify any application for an exception or mitigated practice filed in connection with the issuance of any building permit. The planning commission, zoning administrator, or design review committee shall determine whether to grant, deny, or modify any application for an exception or mitigated practice filed in connection with any development approval under their respective jurisdictions. Modification of an application for an exception or mitigated practice by the county fire warden/fire marshal, planning commission, zoning administrator, or design review committee shall be limited to the alternate fire protection measures specified in Section 13-62.

(e) Where an application for an exception or mitigated practice is denied or modified, the applicant may appeal such denial or modification. Appeal from a denial or modification by the county fire warden/fire marshal shall be made pursuant to Article III of this chapter. Appeal from a denial or modification by the planning commission, zoning administrator, or design review committee shall be made pursuant to Chapter 25 or Chapter 26 of this code, as appropriate. In order to grant an appeal, the body hearing the appeal must find that the exception or mitigated practice proposed meets the intent of this article.

(f) A written copy of any decision granting an appeal within a state responsibility area shall be provided to the director of forestry and fire protection within ten (10) days after the decision is final.

(Ord. No. 6523, § V, 6-3-2025; Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.06.

(a) Except as otherwise provided in Section 13-25, the provisions of this article shall apply to all development on all lands within the unincorporated area of the county.

(b) Except as otherwise provided in this article, all applications for development approvals shall be accompanied by plans, engineering calculations, and other data necessary to determine compliance with the provisions of this article.

(c) Except as otherwise provided in this article, compliance with the provisions of this article shall occur prior to the commencement of construction of any structure unless otherwise authorized by the county fire warden/fire marshal.

(Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.02.

The provisions of this article shall not apply to any of the following, except to the extent provided for herein:

(a) Any building granted an agricultural exemption pursuant to Chapter 7 of this code, provided that the building does not exceed eight thousand (8,000) square feet in size and is not located in a state responsibility area.

(b) Any road or bridge used exclusively for access to an agricultural operation; or an agricultural exempt structure; or a Group U occupancy, less than one thousand (1,000) square feet in area, accessory to a one- or two-family residential dwelling, as defined in the county building code.

(c) Any road or bridge used exclusively for the management and harvesting of wood products.

(d) Any new building accessory to a one- or two-family residential dwelling with a floor area of less than one thousand (1,000) square feet and containing a detached Group U occupancy as defined in the county building code, except that the provisions of Divisions C and E of this article shall apply to all such buildings.

(e) Any existing road that provides year-round unobstructed access to conventional drive vehicles, including sedans and fire engines, which was constructed and serving a legal parcel prior to January 1, 1991, except that (1) the provisions of Division C of this article shall apply to all such roads, and (2) all of the other provisions of this article shall apply to any such road if it is extended, reconstructed or improved pursuant to a development approval, but only to the portion of the road that is extended, reconstructed or improved.

(f) Any road required as a condition of any development approval granted prior to January 1, 1991, except that (1) the provisions of Division C of this article shall apply to all such roads, and (2) all of the other provisions of this article shall apply to any such road if it is extended, reconstructed or improved pursuant to a new development approval, but only to the portion of the road that is extended, reconstructed or improved.

(g) Any existing driveway serving a legally constructed residential building shall comply with Sonoma County Code Chapter 1, Article V, Division C, Signing and Building Numbering. Any existing driveway serving a rebuilt structure, or change of use structure, shall be provided with, but not limited to, additional turnouts, turnarounds. All of the other provisions of this article shall apply to any such driveway if it is extended, reconstructed or improved pursuant to a new development approval, but only to the portion of the driveway that is extended, reconstructed or improved.

(h) Any legal or legal non-conforming building constructed prior to January 1, 1991, or any building for which a building permit was issued or an application for a building permit was accepted as complete for filing prior to January 1, 1991; except that the provisions of this article shall apply to any such building if the occupancy is changed, altered, or otherwise converted to any Group R, Division 3 occupancy as defined in the county building code.

(i) Any addition to an existing building adding a floor area less than six hundred forty (640) square feet including a detached Group U occupancy as defined in the county building code, except that the provisions of Divisions C and E of this article shall apply to all such buildings.

(Ord. No. 6396, § II, 12-6-2022; Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.02

(a) The administration and enforcement of the provisions of this article shall be the shared responsibility of the county fire warden/fire marshal and the director of permit and resource management.

(b) Inspections to determine compliance with the provisions of this article shall be the responsibility of the county fire warden/fire marshal or the director of permit and resource management, as appropriate. The county fire warden/fire marshal or the director of permit and resource management may authorize a local fire chief to conduct inspections within a local fire protection district under the direction of the county fire warden/fire marshal or the director of permit and resource management. In such cases, inspection results shall be provided to the county fire warden/fire marshal or the director of permit and resource management promptly after completion of the inspection.

(Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations 1270.05.

All distances specified or referenced in this article shall be measured horizontally unless otherwise stated.

(Ord. No. 6318, § I, 8-11-2020)