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HomeMy WebLinkAbout1122 High Fire Hazard zonesORDINANCE NO. 1122 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH RENUMBERING ARTICLE 2 OF CHAPTER 3 OF DIVISION 6 OF THE UKIAH CITY CODE AS ARTICLE 3 AND ADDING A NEW ARTICLE 2, COMMENCING WITH SECTION 5205, TO CHAPTER 2, DIVISION 6 OF THE UKIAH CITY CODE, DESIGNATING HIGH FIRE HAZARD SEVERITY ZONES. SECTION ONE: The City Council of the City of Ukiah hereby ordains as follows. 1. Article 2 of Chapter 3 of Division 6 of the Ukiah City Code, commencing with Section 5210, is hereby renumbered as Article 3 of Chapter 3 of Division 6 of the Ukiah City Code. 2. A new Article 2 is hereby added to Chapter 3 of Division 6 of the Ukiah City Code to read as follows. DIVISION 6: SAFETY CHAPTER 3: FIRE PREVENTION ARTICLE 2: DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES §5205: STATEMENT OF PURPOSE: California Government Code Sections 51175-51189 requires the City of Ukiah ("City") to designate and adopt fire hazard zones. Under the 2008 California Building Code adopted in the City new construction in the Very High Fire Hazard Severity Zones must consist of noncombustible exterior materials and comply with other requirements to address the high fire hazard in those zones. The California Department of Forestry and Fire Protection forwarded a map identifying the Very High Fire Hazard Severity Zones in the City of Ukiah. Government Code Section 51179 requires the City to adopt the map by ordinance within 120 days of receipt of the map from the Department of Forestry and Fire Protection. The purpose of this Article 2 is to comply with state law by adopting the map from the Department of Forestry and Fire Protection as the Very High Fire Hazard Severity Zones in the City of Ukiah. §5206: ADOPTION OF MAP DESIGNATING THE VERY HIGH FIRE HAZARD SEVERITY ZONE FOR THE CITY OF UKIAH: This Section shall be known as the Very High Fire Hazard Severity Zone ("VHFHSZ") regulations and is adopted pursuant to the requirements of Government Code Section 51175. The area described as a VHFHSZ has been recommended by the Director of the California Department of Forestry and Fire Protection. The City of Ukiah VHFHSZ is designated on the Map titled: City of Ukiah VHFHSZ, dated March 3, 2010, and retained on file at the City of Ukiah and which shall also be retained on file at the office of the State Fire Marshall. §5208: ENFORCEMENT BY BUILDING OFFICIAL AND FIRE MARSHALL: The Building Official and the Fire Marshall shall enforce the provisions of Chapter 47 in 24 CCR, Part 9 (California Fire Code), and Chapter 7A in 24 CCR, Part 2 (California Building Code) in all Very High Fire Hazard Severity Zones. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council. hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on February 17, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, Baldwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Adopted on March 3, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, BaMdwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Benj Thomas, Mayor ATTEST: ~V ,J nne Currie, City Clerk 2