5523FOLLOWS:
ORDINANCE NO. 5523
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
CHAPTER 16.40, SECTIONS 16.40.010 THROUGH
16.40.080, INCLUSIVE, TO TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE, RELATING TO DESIGNATION OF VERY
HIGH FIRE HAZARD SEVERITY ZONES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
SECTION 1.
That new Chapter 16.40 be, and the same is hereby, added to
Title 16 of the Anaheim Municipal Code to read as follows:
"Chapter 16.40
DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES
16.40.010 Application of Chapter:
.010 The State Legislature has added Chapter 6.8
(commencing with Government Code Section 51175) to Part I of Division
I of Title 5 of the Government Code and has amended Section 13108.5
of the Health and Safety Code (collectively the "statutes") providing
for designation of areas in the state as very high fire hazard
severity zones and identifying measures to retard the rate of spread
and reduce the potential intensity of uncontrolled fires; and
.020 The California Director of Forestry and Fire
Protection has recommended certain areas within the City of Anaheim
be classified as very high fire hazard severity zones; and
.030 The statutes require the City of Anaheim to act
upon these recommended classifications within 120 days of their
receipt; and
.040 In order to comply with the aforementioned
statutes, and in order to correct existing conditions and prevent
future conditions that are detrimental to the public health and
safety and may result in serious injury, it is reasonably necessary
for the City of Anaheim to adopt an ordinance establishing very high
fire hazard severity zones within the City of Anaheim, including
areas of the City of Anaheim governed by development agreements
heretofore approved by the City pursuant to Section 65864, et seq, of
the Government Code ("development agreements").
.050 The Fire Marshal's office of the City of Anaheim
notified parties to development agreements of the proposed
designation of said very high fire hazard severity zones and, where
fi
requested, conferred with parties to said development agreements in
a good faith effort to address any questions or problems presented.
Of all means reasonably known to the City which could feasibly
correct or avoid the injurious or detrimental condition, designation
of the zones and establishing those procedures set forth in Section
16.40.030, 16.40.040 and 16.40.050 are the most reasonable means to
protect the health, safety and welfare of the public.
.060 The City Council does hereby further find and
determine that failure to adopt the provisions of this Chapter and to
make said provisions applicable to properties which are subject to
existing development agreements would result in a condition injurious
or detrimental to the public health and safety and that the
provisions of this Chapter are reasonably necessary to correct or
avoid such injurious or detrimental condition. Consequently, the
provisions of this Chapter shall apply to all property located within
the Very High Fire Hazard Severity Zones described in Section
16.40.020 of this Chapter notwithstanding that said property may be
the subject of a development agreement which became effective prior
to the date of adoption of this Chapter and which development
agreement contains any provision to the contrary.
.070 It is also necessary for the City of Anaheim to
designate those individuals from the City of Anaheim who will enforce
the provisions of Government Code Sections 51175 through 51188 and
Health and Safety Code Sections 13108.5, 13143.2 and 13143.5.
16.40.020 DESIGNATION OF ZONES
The following areas within the City of Anaheim
are hereby designated Very High Fire Hazard Severity Zones:
The ridgeline areas, and undeveloped wildlands areas
within the City of Anaheim located east of the Costa Mesa
Freeway (SR -55), and south of the Riverside Freeway (SR -
91), more specifically described in the legal descriptions
attached hereto as Exhibits "A-1111 "A -21'r "A-311, and in the
Map prepared by the Fire Marshal of the City of Anaheim,
attached hereto as Exhibit "B", all of which Exhibits are
incorporated herein by reference as though set forth fully
at length.
The aforesaid areas 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.
16.40.030 EXCLUSIONS FROM STATE RECOMMENDATIONS
With the exception of the areas designated in Section
16.40.020 hereinabove, the remaining areas recommended by the State
Director for inclusion within the Very High Fire Hazard Severity Zone
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are not designated by the City of Anaheim as being within the Very
High Fire Hazard Severity Zone. The City Council finds that the
requirements of Government Code Section 51182 are not necessary for
effective fire protection within these areas based upon the evidence
set forth in Resolution No.95R_176incorporated herein by reference.
16.40.040 PROCEDURES FOR RECOMMENDING EXCLUSION AND
INCLUSION OF AREAS WITHIN ZONE
A property which is designated as being within a Very High
Fire Hazard Severity Zone may later be excluded from the Very High
Fire Hazard Severity Zone upon a finding supported by substantial
evidence in the record of equivalent or alternative fire protection
measures such that the requirements of Section 51182 of the
Government Code and other requirements applicable to said Zone are
not necessary for effective fire protection within the area to be
excluded.
.010 The procedures for excluding property from within
a Very High Fire Hazard Severity Zone and from the requirements of
Government Code Section 51182 are set forth in Section 16.40.050
hereinbelow.
.020 Upon a determination that the property shall be
excluded from the Very High Fire Hazard Severity Zone, the property
shall be relieved of further compliance with Section 51182 of the
Government Code or with any other requirements imposed upon property
within the Very High Fire Hazard Severity Zone.
.030 The procedures for inclusion of areas of the City
of Anaheim within a Very High Fire Hazard Severity Zone, including
areas previously removed pursuant to Sections 16.40.040 and
16.40.050, are set forth in Section 16.40.060 hereinbelow.
16.40.050 CONDITIONS FOR EXCLUSION
Property within a Very High Fire Hazard Severity Zone may
be excluded from said Zone upon Petition by the legal or equitable
owner of the property and findings by the City Council, supported by
substantial evidence in the record of equivalent or alternative fire
protection measures such that the requirements of Section 51182 of
the Government Code are not necessary for effective fire protection
within the area to be excluded.
16.40.060 ADDITIONS OF AREAS TO THE VERY HIGH FIRE
HAZARD SEVERITY ZONE
Upon recommendation of the Fire Chief, the City Council may
add areas to a Very High Fire Hazard Severity Zone, including areas
previously removed pursuant to Sections 16.40.040 and 16.40.050
above, if the City Council finds, upon substantial evidence in the
record, that the requirements of Government Code Section 51182 are
required for effective fire protection within the area to be
designated a Very High Fire Hazard Severity Zone. The demonstrated
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failure of a property owner to substantially comply with the
applicable provisions of the Uniform Building Code and/or Appendix
II -A of the Uniform Fire Code may constitute substantial evidence
that imposition of the requirements of Section 51182 are required for
effective fire protection within the property to be redesignated as
a Very High Fire Hazard Severity Zone, provided that the property
meets all other state and local requirements for inclusion within a
Very High Fire Hazard Severity Zone.
16.40.070 AMENDMENTS TO VERY HIGH FIRE HAZARD SEVERITY
ZONE MAP
When Property is excluded from a Very High Fire Hazard
Severity Zone or added to a Very High Fire Hazard Severity Zone, the
Fire Chief shall cause the Very High Fire Hazard Severity Zone Map to
be amended to reflect such exclusion or addition.
_. 16.40.080 ENFORCEMENT
The Building Official, Code Enforcement Officers and
the Anaheim Fire Chief, or their designees, are authorized to
enforce the provisions of this Ordinance and the provisions of
Government Code Sections 51175 through 51188, inclusive,
applicable provisions of the Health and Safety Code and such
additional requirements as may be established by the City
Council of the City of Anaheim to retard the rate of spread and
reduce the potential intensity of uncontrolled fires and to
enforce such measures."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
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construed as restatements and continuations, and not as new
enactments.
SECTION 4. EFFECTIVE DATE AND PUBLICATION
This ordinance shall become effective thirty (30) days from
and after the date of its adoption by the City Council. The City
Clerk shall cause this ordinance to be published at least once in the
official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 3rd day of Op4,ober , 1995.
MAYOR OF THE CITY OF HEIM
ATTEST:
� w -
CITY CLERK OF THE CITY OF ANAHEIM
13585.1\CFLYNN\September 11, 1995 5
A
EXHIBIT "A-1"
LEGAL DESCRIPTION OF HIGH FIRE RISK AREA
Lots A and B of Tract No. 10977 as recorded in Book 652,
Pages 34 through 36 of Miscellaneous Maps Records of Orange
County, California.
Lots A, B and C of Tract No. 10969 as recorded in Book 577,
Pages it through 15 of Miscellaneous Maps Records of Orange
County, California.
Lots A and B of Tract No. 10972 as recorded in Book 556,
Pages 46 through 49 of Miscellaneous Maps Records of Orange
County, California.
Lots M and N of Tract No. 10971 as recorded in Book 557,
Pages 34 through 42 of Miscellaneous Maps Records of Orange
County, California.
Lot D of Tract No. 10968 as recorded in Book 556, Pages 37
through 41 of Miscellaneous Maps Records of Orange County,
California.
Lots A, B and C of Tract No. 10967 as recorded in Book 543,
Pages 31 through 35 of Miscellaneous Maps Records of Orange
County, California.
Lot A of Tract No. 10975 as recorded in Book 543, Pages 36
through 41 of Miscellaneous Maps Records of Orange County,
California.
Lot 68 of Tract No. 10940 as recorded in Book 482, Pages 42
through 46 of Miscellaneous Maps Records of Orange County,
California.
Lots 54 and 55 of Tract No. 9215 as recorded in Book 462,
Pages 42 through 45 of Miscellaneous Maps Records of Orange
County, California.
Parcels 1 and 2 as shown on a map recorded in Book 164, Page
22 of Parcel Maps Records of Orange County, California.
Lots K and L of Tract No. 10973 as recorded in Book 551,
Pages 4 through 11 of Miscellaneous Maps Records of Orange
County, California.
Lot A of Tract No. 9313 as recorded in Book 399, Pages 32 and
33 of Miscellaneous Maps Records of Orange County,
California.
Y
Page 2
Legal Description
Parcels 2 and 3 as shown on a map recorded in Book 228, Pages
33 and 34 of Parcel Maps Records of Orange County,
California.
Parcels 116, 117 and 118 as shown on a map recorded in Book
217, Pages 33 through 42 of Parcel Maps Records of Orange
County, California.
Parcel B of Lot Line Adjustment No. 188 recorded as Document
No. 89-219167 of Orange County, California records.
r
I- KU 1'1; Hn3ne1M rire VePL. rHA NU e14 CD4 4baL5 eV-0e"ZI u4:Z�nr r a4
EXHIBIT "A-2"
DESCRIPTION OFERI HIGH
TYFIRE
SEVERITY ZONE
INOr
That certain parcel of land situated in the City of Anaheim,
County of Orange, State of California, being portions of Blocks
27 and 31 through 33 of Irvine's Subdivision as shown on a map
thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in
the Office of the County Recorder of said Orange County,
described as follows:
BEGINNING at an angle Point in the existing boundary of the City of Anaheim as
established by Annexation No. 28o (Mountain Park), said point being the
Northwesterly terminus of that certain course described in said annexation as
"South 49'11'47" East I553.32 feet; thence along said course and boundary
South 49'11'47 last 1553.32 feet; thence leaving said existing boundary
South 49 11 47"�East 639.97 feet to an angle point in the Westerly line of the
land described in a Corporation Grant Deed to the State of California recorded
May 15, 1991 as Instrument No. 91-237053 of Official Records in said Office of
the Orange County Recorder; thence along the boundary line of said land through
the following courses:
North 22'35'00" East 611..82 feet; thence South 42'05'00" East 475.07 feet; thence
South 56'45'00" East 409.44 feet; thence South 40'48'13" West 551.14 feet; thence
South 49011147" East 768.00 feet; thence North 40'48'13" East 453.06 feet; thence
South 86'55'00" East 756.23 feet; thence North 65'00'00" East 463.77 feet; thence
North 81'55'00" East 222.73 feet; thence North 42'35'00" East 332.36 feet; thence
North 01'10'00" West 362.87 feet, thence North 15'35'00" West 678.30 feet; thence
North 41"30'00" West 607.02 feet; thence North 67'10'00" West 249.59 feet; thence
North 19'00'00" East 129.60 feet; thence North 05'55'00" West 148.38 feet; thence
North 12430'00" East 220.94 feet; thence North 43'35100" west 294.71 feet; thence
North 04'00'0,0" East 577.62 feet; thence North 72'00'00" East 224.95 feet; thence
South 67'55'00" East 308.55 feet; thence South 25'20100" West 264.91 feet; thence
North 85'05'00" East 470.48 feet-, thence South 12"30'00" West 347.80 feet; thence
South 28'45'00" West 303.68 feet; thence South 30'50'00" East 135.47 feet; thence
South 81'10'00" East 244.92 feet; thence South 15'20'00" West 263.44 feet; thence
South 52'55'00" East 325.42 feet; thence South 63'00'00",Cast 103.46 feet; thence
South 26'02'44" East 217.51 feet; thence South 40'48'18" West 523.00 feet; thence
South 65'13'C4" East 364.15 feet; thence North 40'48'18" East 408.00 feet; thence
South 58'39'26" East 608.28 feet; thence North 40'4$'18" East 690.00 feet; thence
North 49'11142" West 750.77 feet; thence North 79'35'00" West 545.37 feet; thence
North 07'49'00" East 121.50 feet; thence North 699'40'00" East 220.42 feet; thence
Page 1 of 2
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FROM: Anaheim Fire Dept. FAX 140.: 714 254 4008 09-07-95 04:55P P.05
EXHIBIT "S" Page 2
North 04`50100" East 362.64 feet; thence North 37"40'00" East 173.77 feet; thence
North 07'25'00" Nest 230.65 feet; thence South 82'20'00" East 771.55 feet; thence
South 41'25'00" East 265.71 feet; thence South 67'00'00" East 276.43 feet; thence
South 78'35'00" East 212.13 feet; thence North 89'oo'p0" East 459.38 feet; thence
North 10'49`00" West 335.93 feet; thence North 43'35'00" west 474.10 feet; thence
North 21'00'00" East 220.94 feet; thence South 88600100" East 496.25 feet; thence
South 45'25'00" East 186.74 feet; thence South 32'20'00" East 161.02 feet; thence
North 84'20'00" East 212.16 feet; thence South 27`40100" East 179.61 feet; thence
North 89"20'00" East 839.55 feet to the Easterly line
fGalid Bloc
ck 32;alothen
e
leaving said boundary line of the land of the State
Easterly line of Block 32 North 02'53'26" West 2533.26 feet to an angle point in
the Northerly line of Parcel 2 as described in a Grant Deed to the state of
California recorded July 24, 1951 in Book 2208, Page 138 of Official Records, in
said Office of the Orange County Recorder, said angle point being the Easterly
terminus of that certain course described therein as "South 83'43117" East
2450.14 feet"; thence along said Northerly line through the following courses:
North 83000'52" West 2446.39 feet; thence North 37'31'03" West 4.24 feet to a
point on a non -tangent curve concave Northeasterlyhaving
a radius
f 1394.00
feet, a radial line of said curve from said point bears
thence along said curve Northwesterly 151.71 feet through a central angle
of 06'14'08"; thence tangent from said curve North 54'16'13" West 377.62 feet to
the Southeasterly corner of the existing boundary of the City of Yorba Linda as
established by Annexation No. 82-03, approved by the Local Agency Formation
commission on October 27, 1982 by Resolution No. 82-66 and recorded December 20,
1982 as Instrument No. 82--445034 of Official Records in said Office of the Grange
County Recorder; thence leaving said Northerly line of Parcel 2, along the
Southwesterly boundary of said Annexation No. 82-03 through the following
courses: North 54'16'13" West 219,09 feet; thence North 35"44'01" East 30.00
feet; thence North 60'06'38" Nest 261.68 feet; thence North 57`11'13" west 746.75
feet to the beginning of a tangent curve concave Southwesterly and having a
radius of 2116.00 feet; thence along said curve Northwesterly 143.52 feet through
a central angle of 03'53'10" to an angle point in said boundary of Annexation No.
280, said angle point being the Northeasterly terminus of that certain course
described therein as "South 8`' 1T`"1 West est 683.55 5540a O1 feetto
feet, ore
rPOIliT Of BE6INNINf�
along said boundary South 40
*48'17"
697 Acres, more or less.
Paae 2 of 2
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3
4
5
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7
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101
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A
EXHIBIT "A-3"
LEGAL DESCRIPTION OF VERY HIGH FIRE HAZARD SEVERITY ZONE
IN THE CITY OF ANAHEIM (MOUNTAIN PARK)
Those portions of Blocks 23 through 30 inclusive, 35 and 36 of
Irvine's Subdivision in the City of Anaheim, County of Orange,
State of California, as shown on a map recorded in Book 1, Page
88 of Miscellaneous Maps in the office of the County Recorder of
said County, described as follows:
Beginning at an angle point in the existing boundary line of the City
of Anaheim as estabished by the "(Amended) Oak Hills Ranch Annexation"
to said city, said point being the Southeasterly terminus of certain
course described in said annexation as "S.27008'00" E., 1914.00 feet"
for the Easterly line of the Felipe Yorba (Parcel 2) and' the Teodocio
Yorba (Parcel 1) Allotments in the Decree of Partition of the Rancho
Santiago de Santa. Ana recorded in Book "B" of Judgments of the 17th
Judicial District Court of California in said County;
Thence North 25043'37" Vest, 3161.58 feet, more or less, along- said
Easterly line and said existing boundary line as established by said
annexation and by the "(Amended) Wallace Ranch Annexation" to said
city, to the existing boundary line of the City of Yorba Linda as
established by the Southerly line of "Annexation No. 82-02" to said
city;
Thence leaving said city of Anaheim following along the existing
boundary line of said City of Yorba Linda per said Southerly line of
said annexation and the Southerly line of "Annexation No. 82-03" to
said city, through its various courses in a general Northeasterly
direction to its intersection with the Northeasterly prolongation of
the Southeasterly line of said Block 30;
Page 1 of 4
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1
Thence leaving said existing boundary
line of the City of
Yorba Linda
2
south
40°48113"
West, 6483.55 feet, more or less,
along said
3
Southeasterly
line and
the Northwesterly line of said Block 27 to the
4
most Westerly corner of Parcel 1 of
tot Line Adjustment
No. LL 85-22
5
recorded August 15, 1985 as
Instrument No. 85-304375 of
said Official
6
Records;
7
Thence
South
49°11147"
East,
1553.32
feet along the Southwesterly line
8
of said
Parcel 1;
9
Thence
leaving said Southwesterly
line
South 14015105"
West, 1227.98
10
feet;
11
Thence
South
49008'52"
West,
534.71
feet;
12
Thence
South
48922134"
East,
267.30
feet;
13
Thence
South
41003'54"
West,
319.55
feet;
14
Thence
South
58°12159"
East,
368.92
feet;
15
Thence
South
50°26120"
West,
353.25
feet;
16
Thence
South
83934,13"
West,
349.37
feet;
17
Thence
South
080261431'
Past,
396.53
feet;
18
Thence
South
22031146"
West,
267.44
feet;
19
Thence
South
46031154"
East,
1382.76
feet;
20
Thence
South
11625121"
West,
571.15
feet;
21
Thence
South
32030'11"
West,
424.40
feet;
22
Thence
South
53935151"
West,
643.80
feet;
23
Thence
South
13939124"
West,
1224.08
feet;
24
Thence
South
40051'56"
West,
734.71
feet;
25
Thence
South
45016140"
East,
1209.64
feet;
28
Thence
South
510281*35"
West,
512.47
feet;
27
Thence
South
05°19130"
West,
688.77
feet;
28
Page 2
of 4
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1
Thence
South
26921,33"
Vest,
1069.67
feet;
2
Thence
South
70021,35"
Vest,
482.38
feet;
3
Thence
North
68058124"
Vest,
342.70
feet;
4
Thence
South
11°46101"
West,
863.53
feet;
5
Thence
North
5402414511
Vest,
360.14
feet;
6
Thence
North
16°01134"
East,
315.39
feet;
7
Thence
North
65°14,00"
Vest,
405.25
feet;
8
Thence
South
81°56146"
West,
422.61
feet;
9
Thence
North
36044144"
Vest,
-888.71
feet;
10
Thence
North
02659135"
East,
413.30
feet;
11
Thence
North
51128,09"
Vest,
792.78
feet;
12
Thence
North
00006142"
Vest,
723.41
feet;
13
Thence
South
34026,51"
Vest,
706.19
feet;
14
Thence
South
17044,53"
East,
644.98
feet;
15
Thence
South
22°18157"
Vest,
601.09
feet;
16
Thence
South
08954,24"
East,
785.06
feet;
17
Thence
South
53034'40"
Vest,
365.00
feet;
18
Thence
North
39021124"
Vest,
898.85
feet;
19
Thence
North
56012103"
Vest,
728.04
feet;
20
Thence
South
89031?21"
West,
600.02
feet;
21
Thence
North
09158106"
East,
837.64
feet;
22
Thence
North
04015132"
Vest,
471.30
feet;
23
Thence
North
30942146"
Vest,
587.39
feet;
24
Thence
North
09056,26"
Vest,
984.78
feeti
25
'thence
North
04033'36"
East,
817.59
feet;
26
Thence
North
14055,53"
Vest,
620.97
feet;
27
Thence
North
68931,24"
Vest,
327.76
feet;
28
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Thence North 35019153" West, 484.17 feet;
Thence North 19042110" West, 786.02 feet;
Thence North 81041123" West, 449.72 feet;
Thence North 53021.57" West, 243.00 feet;
Thence North'81017107" West, 533.66 feet to said existing boundary
line of the City of Anaheim as established by said "(Amended) Oak Hills
Ranch Annexation" to said city, said existing boundary line being the
Southeasterly line of said last mentioned annexation;
Thence North 35°50158" East, 5985.01 feet along said existing boundary
line and said Southeasterly line to the Point Of Beginning.
The above described parcel of land contains 2402.10 acres, more or
less.
Page 4 of 4
EXHIBIT B