Ord 2301 - Amend Chapter 9 (Fire Prevention & Protection) regarding Weed Abatement RegulationsORDINANCE 2301
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 9 (FIRE PREVENTION AND PROTECTION) OF THE TOWN CODE
REGARDING WEED ABATEMENT REGULATIONS
WHEREAS, the Town of Los Gatos; has traditionally adopted Chapter 49 of the California
Fire Code (with amendments) which incorporates the legal requirements associated with State
mandated defensible space;
WHEREAS, the State mandates 100 feet of defensible space around buildings and
structures within Very High Fire Hazard Severity Zones;
WHEREAS, State law allows for jurisdictions to adopt additional defensible space
standards based on severity of wildfire risk;
WHEREAS, the Los Gatos Wildland Urban Interface (WUI) planning area includes
primarily Very High Fire Hazard Severity Zone (VHFHSZ) areas.
WHEREAS, the Town Council recognizes that in addition to the State mandated
requirements the development and maintenance of defensible space is essential to reducing
wildfire risk within the community;
WHEREAS, the proposed amendment changes will reduce the risk of wildfire and
effectuate safer passage for first responders and residents in the event of a wildfire;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION II
CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Section 4902 Definitions of Town Code Chapter 9 are hereby added/amended to read as
follows:
DEFENSIBLE SPACE. An area around the perimeter of a structure in which vegetation, debris,
and other types of combustible fuels are treated, cleared, or reduced to slow the rate and
intensity of potentially approaching wildfire or fire escaping from structure(s).
REDUCED FUEL ZONE. In this area of the defensible space, efforts are placed on ensuring
fuels/vegetation are separated vertically and horizontally depending on the vegetation type.
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Wildland-Urban Interface Fire Area. A geographical area identified by the state as a " Fire
Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201
through 4204, and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. The Wildland-
Urban Interface Fire Area is defined as all areas within the Town of Los Gatos as setforth and
delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all
notations, references, data, and other information shown thereon are hereby adopted and
made a part of this chapter. The map properly attested, shall be on file in the Office of the
Town Clerk of the Town of LosGatos.
Section 4906.2 Application of Town Code Chapter 9 are hereby amended to read as
follows:
2. Land designated as a Very -high Fire Hazard Severity Zone or as a Wildland Urban Interface
Fire Area by the Town of Los Gatos.
Section 4907.2 Defensible Space Fuel Modification are hereby added to read as follows:
4907.2 Defensible Space Fuel Modification.
Persons owning, leasing, controlling, operating, or maintaining buildings or structures, and/or
lands in, upon, or adjoining the locally adopted Wildland-Urban Interface Fire Area, shall at all
times comply with the following:
1. Maintain defensible space of 100 feet from each side and from the front and rear of any
building or structure, but not beyond the property line except as provided by law. The 100
feet of defensible space should be segregated into the following zones:
a. Maintain an effective defensible space by removing and clearing away
flammable vegetation and other combustible materials from areas within 30
feet of such buildings or structures
Exception: When approved by the Fire Chief or his/her designee, single
specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
b. Maintain an additional reduced fuel zone of 70 feet from all buildings and
structures with an emphasis on vertical and horizontal separation of
fuels/vegetation. Distances beyond an additional 70 feet may be required
when the Fire Chief or his/her designee, determines that due to steepness of
terrain or other conditions, 70 additional feet is insufficient.
Exception: When approved by the Fire Chief or his/her designee grass and other
vegetation located more than 30 feet from buildings or structures and less than
18 inches in height above the ground need not be removed where necessary to
stabilize the soil and prevent erosion.
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Ordinance 2301 February 4, 2020
c. New construction must create a noncombustible area a minimum of 5 feet
from structures.
2. Remove portions of trees, which extend within 10 feet of the outlet of any chimney or
stovepipe.
3. Maintain anytree, shrub, or other plant adjacent to or overhanging any building or
structurefree of dead limbs, branches or other combustible material.
4. Maintain the roof of any structure and roof gutters free of leaves, needles, or other
combustible materials.
5. Maintain defensible space as determined by the Fire Chief or his/her designee around
water tank structures, water supply pumps, and pump houses.
6. Remove flammable vegetation a minimum of 10feet around liquefied petroleum gas
tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath
buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material withinthe defensible
space shall be located a minimum of 30feet from structures and separated from the
crown of trees bya minimum horizontal distance of 15 feet.
Exception: Firewood and combustible materials not for consumption onthe premises
shall be stored as approved bythe Fire Chief or his/her designee.
8. Clear areas within 10feet of fire apparatus access roads and driveways of non- fire -
resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels orcultivated ground
cover, such as green grass, ivy, succulents, or similar plants used as ground cover,
provided they donot form a means of readily transmitting fire.
Section 4907.3 Defensible Space Along Property Lines are hereby added to read as
follows:
4907.3 Defensible space along property lines. Pursuant to Government Code Section
51182 and Public Resources Code Section 4291(a)(2):
1. When an occupied building is less than 100 feet from a property line and combustible
vegetation on an adjacent parcel presents a fire hazard for the occupied building as
determined by the Fire Chief or his/her designee then the owner of the adjacent parcel
where the hazard exists shall be responsible for fuel management, including removal to
the satisfaction of the Fire Chief or his/her designee.
Section 4907.4 Corrective Actions are hereby added to read as follows:
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Ordinance 2301 February 4, 2020
4907.4 Corrective actions. When the Fire Chief or his/her designee determines defensible
space to be inadequate the Town Council is authorized to instruct the Fire Chief or his/her
designee to give notice to the owner of the property upon which conditions regulated by
Sections 4907.2 and 4907.3 exist to correct such conditions. If the owner fails to correct
such conditions, the Town Council is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such conditions exist.
SECTION III
With respect to compliance with the California Environmental Quality Act (CEQA), the
Town Council finds as follows:
A. These Town Code amendments are not subject to review under CEQA
pursuant to sections and 15061(b)(3), in that it can be seen with certainty that there is no
possibility that the proposed amendment to the Town Code would have significant impact on
the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
SECTION IV
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidly shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION V
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 211t day of January 2020 and adopted by the following vote as an ordinance of
the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on 41" day of
February 2020 and becomes effective 30 days after it is adopted.
In lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
(15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES:
Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
None
ABSENT:
None
ABSTAIN:
None
SIGNED
i
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS. CALIFORNIA
DATE: of @-0
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