Loading...
6239 ORDINANCE NO. 6239 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 16.40 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES. WHEREAS, the State of California Legislature ( "Legislature ") has declared in Section 51175(a) of the California Government Code as follows: (i) that fires are extremely costly, not only to property owners and residents, but also to local agencies; (ii) that fires pose a serious threat to the preservation of public peace, health, and safety; (iii) that it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control; and (iv) that preventative measures are needed to ensure the preservation of the public peace, health and safety; and WHEREAS, the Legislature has further declared in Section 51175(b) of the California Government Code that the prevention of fires is not a municipal affair, but is, instead, a matter of statewide concern; and WHEREAS, on July 31, 1995, pursuant to Section 51178 of the California Government Code, the Director of the California Department of Forestry and Fire Prevention (CAL FIRE) had previously identified areas within the County of Orange as a Very High Fire Hazard Severity Zones; and were adopted by the City of Anaheim by Ordinance No. 5523; and WHEREAS, pursuant to Section 51181 of the California Government Code, the Director of CAL FIRE shall periodically review the areas in the state identified as Very High Fire Hazard Severity Zones; and as necessary make recommendations; and this review has been completed; and WHEREAS, the creation of this map relied upon the use of current scientific methods which assessed, vegetation, slope, fire history, weather patterns and significantly improved accuracy by establishing the impact of flames, heat, and flying fire embers; and WHEREAS, pursuant to Section 51179 of the California Government Code, the Director of CAL FIRE has published a new map depicting areas designated as a Very High Fire Hazard Severity Zone, and has recommended that local agencies adopt these zones through local ordinance; and Section 51179(a) of the California Government Code requires the City of Anaheim to designate by ordinance Very High Fire Hazard Severity Zones in its jurisdiction within 120 days after receiving the recommendations from the Director of CAL FIRE; and WHEREAS, the Very High Fire Hazard Severity Zone Map published by CAL FIRE depicting areas designated as a Very High Fire Hazard Severity Zone within the City is on file and can be viewed in the Anaheim Fire Department and the Office of the City Clerk during -1- normal business hours and on the City of Anaheim, Fire Department, Fire Prevention Webpage at http: / /www.anaheim.net /section. asp? id =103. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 16.40.020 of Chapter 16.40 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows: "The City of Anaheim designates those areas identified on the Very High Fire Hazard Severity Zone Map published by the Director of the California Department of Forestry and Fire Prevention (CAL FIRE), on file in the Anaheim Fire Department and the Office of the City Clerk, as Very High Fire Hazard Severity Zones within the City in accordance with Section 51179(a) of the California Government Code. The areas identified on the Very High Fire Hazard Severity Zone Map published by CAL FIRE shall be subject to the requirements of Government Code Sections 51175 through 51188, inclusive, Health and Safety Code Sections 13108.5, 13143.2 and 13143.5 as well as such additional requirements as may be established for very high fire hazard severity zones by the City of Anaheim or by State law." SECTION 2. That Section 16.40.030 of Chapter 16.40 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -2- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 3rd day of April , 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 17th day of April , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: — MAYOR OF THE C TY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF NAHEIM 87615.v1 /MGordon - 3 - AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 26, 2012 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Executed at Santa Ana, Orange County, California, on Date: May 3, , 2012 lmp&� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of AN ORDP4ANOE OF THE CITY OF ANAHEIM AMENDING VAS SECTIONS OF CHAPTER 16.40 OF TITLE 16 OF THE ANAHEIM Ml1NLGPAL CODE RELATING 71D THE DESIGNAIM OF VERY HIGH FIRE HAZARD SEVERrlY WHEREAS, the Side of CalifomiaCLapi kat" (•Logit afire') has declared in Sec- tion 51175(a) of the California Government 1= as follows: 0) that hese are extremely cost- a, y m owners and residents, but Woo to local aganriss; r that liras pose seriousThreat preservation of peace, health, and aedaty (its-) that it s neves- Ma r4des, counffas, special d=. We agencies, am sachet agencies work to- ' r W bring ragitg ries under oo *.I; and levy that preventative natures are needed to ensure the preservation of the public peace, health and solely; and WAS, the Le�fe�se hes hrtiner dotctared i, Section 51175(t�) of the Cam nis Goverrsnent Code that pros bon of firm is not a murd d ai(dr, but is. meed, a manor of Brat, wide concern; and WHEREAS, on .Maly 31:1985. to Section 5tt78 o1 the Csydorma Go(veerrn-- Fm1eREM)Code. the Director d tine Departrn-d of Forestry and Fire Prevention Haz- ard Sever; Zo � �wer�e ado d by the, Cityty yrange Ay of Ora asorrli;arVio�e No. 5523; and WHEREAS, pmrsuat to 51191 of the California Gorennerit Code, the Of - rector of CAL FIRE shell reg ow the areas in the state iderififfed as Very High Foe Hazard and = necessary remake r000rmosiciationa; and this review has been oompi the crearron of this map relied upon the use of curers scientific melt - ods which aged. slope, fire history, wedher podiums and im- proved ecaxpcy by e�hrghne rtnpect of flames, toast and flying Are simbers, and WHEREAS, prrauunt to Section 31179 of the Calloamis Goverrsrrara Code, the DI - rector of GAL FIRE has published a new map depleting areas doo4noted as a Very High' Fre Hazard Severity Zone, and has recommended that local local ordinance; and Section 51179(x) of the =8C= Code noWires of Anaheim to designate by ordinance Very High Fra Hazed Seventy Zones in to, �uwdjction within 126 days alg after receiving Ire re xrrnerndaforn form the Director of CAL RE; and WHEFF.AS. the Very. High Fee Hazard Severity Zone Mop prbietied by CAL FIRE depicting areas dssigneted as a Very High Fire Hazard Severily 7oane wiN�n the City is on III and tarn be viewed in foe Andhernt Fire.Depertmert and the Office of the City Clerk dar- 2runnel business hop and on fie City of Anaheim, Fre Departrnart, Fire Prevention nrngg lipage at ilio /Nsivw aiaetaeim.neUseetiora aop?id=103 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR- DAIN AS FOLLOWS: SECTION 1. That Section 16.40.020 of Chapter 16.40 of rile 16 of the Anaheim Municipal Code be. and the semis ie hereby, revised and amarnded as folms: 'The city of Arnelneirn es those areae Identified in ilia Veer High Fre Haz- ard sevarity Zone Map prbfielnsoithe Director of the California Department of Forestry and Fre Prevention (CAI. �, on fie ea the Arnsheim Fro Departmentand the Office of Ere City 1179, as Vere Hazard Severity Z m wNrin to City accordance with Section Clark, d foe Govemnnernt Code. Vrougn Dot%, nciumve, room) ars oaery L'oue oecoons rwKwo, T3r4S.z aro 14143.0 as well as such additional +s4uisaents as may be established kir very high fire hazard seven- ty zones by the City otArmheM a by Stdoiaw.• SECTION 2 The! Section 16.40.03Q of Chanter 16.40 of Title 16 of the Anaheim Municipal Code be, and the Boma is hereby, deleted in its entirety. SECTION 3. CERTIFICATION The City Clark shelf osr* to the of this ordirionce and shell same to be printed within rtlesn 15} adoption in the Anaheim Bulletin.a nowsp er of garaerel ctreu4loln. t and circulated In said City, and thirty (30) days an tram d after is final passage, it ow tela elect and be in fill torte. THE F&EGOING ORDINANCE was Introduced at a regular meeting of the City Council of the,CYly of Anaheirn held on ft 3rd day of April, 2012. aid thereafter pawed artadopted 0 a regular mea6ng of said City Council held on ft17th day of 2012, by thexkig sol cal vote AYES: - Mayor Tait, Carncl Members Sidw, Galloway, Eastman and Marey NOES: None ABSENT: Nana ABSTAIN: None CITY OF ANAHEIM By /s/ Tan Tait MAYOR C)f THE CITY OF ANAHEIM ATTEST: - /s/ Linda_. �i..Andst. , CITY: OF TW OUV OIF ANAHEIM ' BAft: Anaheim Bulletin As" 2 ft 02�i r- {