TO: Board of Supervisors
FROM: David Morrison - Director Planning, Building, and Environmental Services (PBES)
REPORT BY: Patrick Ryan - Deputy Director PBES
SUBJECT: State Minimum Fire Safe Regulations, 2021
RECOMMENDATION
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Director of Planning, Building and Environmental Services and Deputy Fire Chief to provide information on the adopted State Minimum Fire Safe Regulations, 2021.
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EXECUTIVE SUMMARY
The Board of Forestry and Fire Protection recently adopted the 2021 State Minimum Fire Safe Regulations, which apply to lands designated as in the State Responsibility Area (SRA) and, since July 1, 2021, in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ).
Napa County’s Planning, Building and Environmental Services Department and Fire Marshal’s office will provide information on the likely effective date, applicability, and rule changes of the State Minimum Fire Safe Regulations. Additionally, staff will discuss possible regulatory changes in Napa County to ensure local regulations equal or exceed the State Minimum Fire Safe Regulations.
PROCEDURAL REQUIREMENTS
No action required
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
These regulations serve as the minimum wildfire protection standards applied to the SRA and LRA VHFHSZ |
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Is the general fund affected? |
No |
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Future fiscal impact: |
No |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: There is no proposed action or project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
On August 17, 2022, the California State Board of Forestry and Fire Protection (BOF) voted unanimously to adopt revised State Minimum Fire Safe Regulations. The intent of this action by BOF is to establish standards for fuel breaks and greenbelts near communities, establish measures for preservation of undeveloped ridgelines, improve clarity regarding the inspection and enforcement agencies, and to promote local jurisdiction compliance with the Fire Safe Regulations, and to clarify the process by which that occurs. The State Minimum Fire Safe Regulations apply to lands designated as in the State Responsibility Area (SRA) and, since July 1, 2021, in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ). The SRA and VHFHSZ cover approximately 73% of Napa County. All California counties and cities must comply with the new State Minimum Fire Safe Regulations.
The adopted regulations are likely to be effective for applications for building permit for new construction not related to an existing structure, applications for use permit, road construction, and the creation of new parcels approved after January 1, 2023.
On September 8, 2022, Napa County’s Planning, Building and Environmental Services Department and Fire Marshal’s office held a community outreach meeting to provide information on the applicability of the State Minimum Fire Safe Regulations, rule changes in the State Minimum Fire Safe Regulations, possible regulatory change in Napa County to ensure local regulations equal or exceed the State Minimum Fire Safe Regulations, and the process for development application and land use entitlements within the covered area.
As part of staff’s review of the adopted State Minimum Fire Safe Regulations the critical provisions that will be discuss are as follows:
- The standards are now applicable to the LRA VHFHSZ.
- A Road is defined as a public or private vehicular pathway to more than 4 residential units or any industrial or commercial occupancy.
- A driveway (i.e. single lane road with turnouts) shall not serve commercial or industrial uses at any size or scale.
- These regulations do not apply where an application for a Building permit is filed after January 1, 1991, for Building construction on a parcel that was formed from a parcel map or tentative map (if the final map for the tentative map is approved within the time prescribed by the local ordinance) approved prior to January 1, 1991, to the extent that conditions relating to the perimeters and access to the Buildings were imposed by the parcel map or final tentative map approved prior to January 1, 1991.
- The Wildfire rebuild exemption has been removed from the latest regulations.
- Ingress and Egress requirements are applicable for roads, and driveways, whether public or private, unless exempt under 14 CCR 1270.03.d.
- The maximum length of a Dead-end Road, including all Dead-end Roads accessed from that Dead-end Road, shall not exceed the following cumulative lengths, regardless of the number of parcels served:
Parcels zoned for less than one acre - 800 feet
Parcels zoned for 1 acre to 4.99 acres - 1,320 feet
Parcels zoned for 5 acres to 19.99 acres - 2,640 feet
Parcels zoned for 20 acres or larger - 5,280 feet
- Building siting and setback - All parcels shall provide a minimum thirty (30) foot setback for all Buildings from all property lines and/or the center of a road, except as provided for in subsection (b).
- Strategic Ridgelines - New Buildings on Undeveloped Ridgelines identified as strategically important are prohibited.
- Fuel Breaks - The Local Jurisdiction shall determine the need and location for Fuel Breaks in consultation with the Fire Authority when Building construction meets the following criteria: The permitting or approval of three (3) or more new parcels, excluding lot line adjustments as specified in Government Code (GC) section 66412(d); or an application for a change of zoning increasing zoning intensity or density; or an application for a change in use permit increasing use intensity or density.
- Addressing and Signage - All new structures must be assigned a separate address and all new private or public roads must be named in a consistent, non-duplicative manner by the local jurisdiction.
As Napa County staff continues to discuss these regulations with BOF staff, county counsel and other local jurisdictions to verify our interpretation of the adopted regulations it is the intent of County staff to continue to update this Board on possible regulatory changes prior to the State Minimum Fire Safe Regulations becoming effective. To effect the new State Fire Safe Regulations, staff will prepare amendments to the County Code, Road and Streets Standards, and Local Procedures for Implementing the California Environmental Quality Act (CEQA) and bring those to the Board of Supervisors for future consideration.