Addendum with Attachment
PREPARED BY: JENNIFER ARMER, AICP
Senior Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 07/18/2019
ITEM: 2
ADDENDUM
TOWN OF LOS GATOS
GENERAL PLAN UPDATE ADVISORY COMMITTEE
REPORT
REPORT
DATE: July 17, 2019
TO: General Plan Update Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Continue discussion of Draft Land Use Alternatives.
REMARKS:
Attachment 11 contains public comments received between 11:01 a.m., Friday July 12, 2019
and 11:00 a.m., Wednesday, July 17, 2019.
ATTACHMENTS:
Attachments previously received with June 20, 2019 Staff Report:
1. Issues and Opportunities Report (38 pages)
2. Maps of Potential General Plan Focus Areas (11 pages)
Attachment previously received with June 20, 2019 Desk Item Report:
3. RHNA Objectives and Factors (one page)
Attachments previously received with July 18, 2019 Staff Report:
4. Pending Wildfire Legislation Summary (five pages)
5. APA Zoning Practice – Wildfire Adaptation (eight pages)
6. APA Zoning Practice – Form-Based Zoning (eight pages)
7. Background Report Table 2.1-1: Los Gatos Population and Housing Trend (one page)
8. Background Report Table 3.8-3: Development Capacity Summary (one page)
9. 2020 General Plan Land Use Designations (seven pages)
10. Background Report Section 3.3: Existing General Plan Land Use Designations (five pages)
Attachment received with this Addendum Report:
11. Public comment received between 11:01 a.m., Friday July 12, 2019 and 11:00 a.m.,
Wednesday, July 17, 2019
From: Maria Ristow <ristows@comcast.net>
Sent: Tuesday, July 16, 2019 5:25 PM
To: Planning <Planning@losgatosca.gov>; Laurel Prevetti <LPrevetti@losgatosca.gov>; Joel Paulson
<jpaulson@losgatosca.gov>
Subject: For GPAC committee members
I would like to share the following article as food for thought for the GPAC committee members:
https://www.huffpost.com/entry/cities-fight-baby-boomers-to-address-housing-
crisis_n_5d1bcf0ee4b07f6ca58598a9
Thank you,
Maria Ristow
ATTACHMENT 11
From: Phil Koen <pkoen@monteropartners.com>
Sent: Wednesday, July 17, 2019 10:52 AM
To: Laurel Prevetti <LPrevetti@losgatosca.gov>; Melanie Hanssen
Cc: jak vannada <jvannada@gmail.com>; phertan@gmail.com; Catherine Somers
<catherine@losgatoschamber.com>
Subject: Exhibit 4 - Proposed Wildfire Legislation Summary - GP
Dear General Plan Update Advisory Committee,
In your package for the July 18, 2019 meeting is additional information regarding pending wildfire
legislation. It is referenced as Exhibit 4 in the memo from Staff.
Unfortunately the Staff did not provide any comments regarding the pending legislation. I think we can
all agree that having proper and inclusive wildfire reduction ordinances are critical for the safety of
everyone in Los Gatos. I would like to briefly give you my thoughts/comment regarding Exhibit 4 and
also make a strong recommendation for the adoption at the Town level local ordinances which would
further strengthen the existing laws to reduce the risk of wildfire.
First, I would like to provide some necessary background information to make sure the committee fully
understands the threat the Town faces from wildfire. I have attached a map of Los Gatos which shows
the “very high fire hazard severity zone” for the Town. This map is published by the State. As you can
see almost 2/3 of the Town is classified as being in a VHFHSZ, which is the highest severity rating that is
issued by CalFire. This threat needs to be understood and addressed through local ordinances.
The area marked “LRA” is under local responsibility – namely the Town of Los Gatos. Other VHFHSZ
areas are under State responsibility and are noted as SRA. It is important for the committee to
understand the enforcement requirements of a LRA and a SRA.
If you look at the SCC Community Wildfire Protection Plan – Annex 9: Town of Los Gatos (also in your
packet), on page 7 there is a detail discussion regarding the local ordinances which address the required
defensible zone protection from wildfire for the LRA. I have attached the Town’s ordinance (section
4907 – Defensible Space) which describes those requirements. Unfortunately the Town code does not
detail any requirements, but instead references the reader to the State general government code
section 51175 – 51189! This is obviously not very helpful nor user friendly for the residents of the
Town.
Recommendation – pass immediately a new ordinance which details the requirements for a 100 foot
defensible zone that addresses the unique needs of the Town. This can be done independently of the
general plan update process and should be done now. The general plan update then needs to conform
to these requirements.
I have also attached a diagram published by the County of Los Angeles which shows how LA County has
implemented their defensible zone requirement (their requirement is 200 feet, which a number of
insurance carriers are now also requiring). There are a number of critical points that both LA County and
Napa County have incorporated into their defensible space ordinances which should also be
incorporated into the Town’s local ordinance.
First, there needs to be an adjacent parcel requirement which requires an adjacent property to comply
with the 100 foot clearance requirement even though the structure being protected is not on their lot.
This is common sense and enforces the concept that the responsibility to reduce the risk of wildfire
rests with all of us! That means being a good neighbor is legally required to help insure the safety of the
entire neighborhood. Unbelievably, the existing government code (section 51182) does not require a
100 foot clearance beyond the property line.
Secondly, the Town must adopt a roadway clearance ordinance which would require a minimum 10 feet
clearance from the edge of any public or private roadway that must be used as access for firefighting
apparatus or resources for all flammable vegetation or combustible growth. Again, this is common
sense given the number of small roads in the Town which have combustible growth to the street
line. The poor fire access and number of dead end spurs and lack of turn arounds is specifically cited in
the Annex 9 report as one of the reasons the Town has a wild fire risk assessment score of 89, which is a
“High Rating” (see page 8).
Both of the above are required by the County of Los Angeles and the County of Napa. These are just two
of a number of items that should be incorporated into a new, modern 100 foot defensible zone
ordinance for the Town.
Let me quickly now address the proposed state laws that were included in your package. As I discussed
at the top of this note, there is a difference between SRA and LRA. Local agency means any city, county
or district responsible for fire protection within a very high hazard severity zone. That means the Town
of Los Gatos. State responsibility area means those areas that have been identified pursuant to Section
4102 of the Public Resources Code. That does not include the Town of Los Gatos. Again, refer to the
attached map which clearly shows the LRA, which is the responsibility of the Town.
The proposed state law on defensible space and fuel reduction that the Staff has included in your
package pertains to land in an SRA. While I might be wrong, as far as I can tell, these proposed laws will
have limited impact on an LRA, such as the Town of Los Gatos. Having said that, a number of the
concepts in this proposed legislation should be included in a new fire hazard reduction ordinance for the
Town that addresses our unique needs.
Recommendation – review the proposed State ordinance for the SRA and incorporate those elements
that would be applicable to the Town in a new fire hazard reduction ordinance which would be
applicable to the LRA.
In closing, I ask this Committee to make the required changes in the 2040 general plan update, such as a
100 foot defensible zone, to reduce the risk of wildfire and to support my efforts to pass a sensible 100
foot defensible zone ordinance at the local level.
Thank you.
Phil Koen
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Henry Stern, Chair
2019 - 2020 Regular
Bill No: AB 1516 Hearing Date: June 25, 2019
Author: Friedman
Version: June 11, 2019
Urgency: No Fiscal: Yes
Consultant: William Craven
Subject: Fire prevention: wildfire risk: defensible space and fuels reduction
management
BACKGROUND AND EXISTING LAW
1)Requires the Board of Forestry and Fire Protection (Board) to classify all lands within
the state for the purpose of determining areas in which the financial responsibility of
preventing and suppressing fires is primarily the responsibility of the state [known as
the State Responsibility Area (SRA)].
2)Requires the California Department of Forestry and Fire Protection (CalFire) to
identify certain areas outside the SRA as very high fire hazard severity zones
(VHFHSZ) based on consistent statewide criteria and based on the severity of fire
hazard that is expected to prevail in those areas.
3)Requires a person who owns, leases, controls, operates, or maintains a building or
structure on land that is covered with flammable material in the SRA or VHFHSZ to
maintain defensible space of 100 feet around the structure. Requires the most
intense fuels management to be within 30 feet of the structure.
4)Requires CalFire to develop and update a guidance document on fuels management
that includes regionally appropriate vegetation management suggestions that
preserve and restore native species that are fire resistant, or drought tolerant, or
both, minimize erosion, minimize water consumption, and permit trees near homes
for shade, aesthetics, and habitat. Requires the guidelines to include suggestions to
minimize or eliminate the risk of flammability of non-vegetative sources of
combustion, such as woodpiles, propane tanks, decks, and outdoor lawn furniture.
5)Authorizes a local agency enforcing defensible space requirements within a
VHFHSZ to conduct defensible space work on a property owner’s land if the owner
fails to, and place a lien on the property for the expense of the work.
6)Authorizes CalFire to remove vegetation that is inconsistent with defensible space
requirements and place a lien on the property for the expense of the work.
7)Establishes tiers of penalties for failure to maintain defensible space that include:
a)A fine of not less than $100, nor more than $500 for a first violation.
b)If a person is convicted of a second violation within five years a fine of not less
than $250, nor more than $500.
dd,D Ed ϰ
AB 1516 (Friedman) Page 2 of 5
c) If a person is convicted of a third violation within five years, that person is guilty
of a misdemeanor and shall be punished by a fine of not less than $500.
d) If a person is convicted of a third violation within five years, CAL FIRE may
perform or contract for the performance of work necessary to comply with the
defensible space requirement and may bill the person convicted for the costs
incurred instead of the fine.
8) Authorizes the court to reduce the fine impos ed for the violation of the defensible
space requirement to $50 if the person produces proof that the work has been done.
9) Requires, except as specified, any person that owns, controls, operates, or
maintains any electrical transmission or distribution line in the SRA to maintain
around and adjacent to any pole or tower that supports a switch, fuse, transformer,
lightning arrester, line junction, or dead end or corner pole, a firebreak that consists
of a clearing of not less than 10 feet in each direction from the outer circumference
of such pole or tower.
10) Requires any person that owns, controls, operates, or maintains any electrical
transmission or distribution line in the SRA to maintain a clearance in all directions
between all vegetation and all conducto rs as follows:
a) For any line which is operating at 2,400 or more volts, but less than 72,000 volts,
four feet;
b) For any line which is operating at 72,000 or more volts, but less than 110,000
volts, six feet; and,
c) For any line which is operating at 110,000 or more volts, 10 feet.
11) Requires dead trees, old decadent or rotten trees, trees weakened by decay or
disease, and trees or portions thereof that are leaning toward the line that may
contact the line from the side or may fall on the line to be felled, cut, or trimmed to
remove the hazard.
11) Authorizes owners of any electrical transmission or distribution line to traverse land
as necessary, regardless of land ownership or permission from the owner, after
providing notice and an opportunity to be heard to the land owner, to prune trees to
maintain and to abate, by pruning or removal, any hazardous, dead, rotten,
diseased, or structurally defective live trees.
12) Declares the Legislature intends that the California Public Utilities Commission
(CPUC) and CalFire encourage the use of the concept "right tree right place" to
reduce the need for utility vegetation management.
13) Requires CalFire to assist local governments in preventing future high intensity
wildland fire and vegetation management problems by making its wildland fire
prevention and vegetation management expertise available to local governments to
the extent possible within budgetary limitations.
AB 1516 (Friedman) Page 3 of 5
PROPOSED LAW
1) Makes Resource Conservation Districts eligible within counties to receive loans from
a county, as are many other special districts, to perform its functions and meet their
obligations.
2) Requires a noncombustible zone within 5 feet of a structure located in the State
Responsibility Area (SRA) or a Very High Fire Hazard Severity Zones (VHFHSZ).
Requires CalFire to identify the types of vegetation or fuel that are to be excluded
from a noncombustible zone based on the probability that vegetation and fuel will
lead to ignition of a structure as part the their defensible space guidance documents.
3) Require s, on or before January 1, 2022, CalFire to update the guidance documents
to include suggestions for creating a noncombustible zone within five feet of a
structure. Specifies the noncombustible zone requirements do not take effect until
CAL FIRE updates its guidelines.
4) Requires CalFire and each local agency within a VHFHSZ to make reasonable
efforts to provide notice to residents required to maintain the noncombustible zone
prior to imposition of any penalties for violations.
5) Requires each local agency enforcing defensible space requirements within the
VHFHSZs to annually report to CalFire the number of inspections, enforcement
actions, and estimated compliance rates within its jurisdiction.
6) Requires CalFire, where necessary and feasible, to use members of the California
Conservation Corps, local conservation corps, RCDs, fires safe councils, or other
entities deemed appropriate to remove vegetation that is inconsistent with defensible
space requirements within the SRA.
7) Requires CalFire, commencing January 1 , 2021, to ensure the inspection of each
known structure within the SRA at least once every three years. Requires CalFire to
provide a biennial training at each of its units for applicable local officials on
defensible space inspections.
8) Requires CalFire, by July 1, 2021, to develop a wildland -urban interface risk model
to determine the risk for a community or a parcel within local or state responsibility
areas, and guidelines for the proper use of the model as provided. CalFire is
required to upda te the model whenever fire hazard severity zones are revised. The
model would include defensible space compliance data, whether building standards
are complied with, community fire prevention work, and other relevant data.
Guidelines shall be developed by CalFire so that the risks determined by the model
can be made available to CalFire, the Insurance Commissioner, and the residents in
the community or the parcel owner for which the risk is being modeled.
9) Prohibits, on and after January 31, 2021, a landowner in a high fire treat district, as
determined by the California Public Utilities Commission (CPUC) or the SRA from
planting vegetation or failing to remove volunteer vegetation, near electrical
transmission and distribution lines and towers that can encroach within 10 feet of
overhead conductors at any time.
10) Requires CalFire and the CPUC, in consultation with owners of any electrical
transmission or distribution line, to develop a guidebook of tree and shrub species
that, if planted in the vicinity of ele ctrical transmission and distribution lines, would
not encroach within 10 feet of overhead conductors at any time. These provisions
relating to utility lines are called “right tree, right place.”
AB 1516 (Friedman) Page 4 of 5
11) Requires CalFire to make its dedicated fuel reduction crews available to local
governments, special districts, and utilities, to the extent possible within the
department’s budgetary limitations. Authorizes CalFire to establish a cost-share or
in-kind contribution requirement for any fuel reduction work conducted for those
entities.
ARGUMENTS IN SUPPORT
According to the author, last year the Legislature made important improvements
to California’s fire prevention efforts. However, there are additional opportunities
to improve the fire safety of California communities.
Defensible space is vital for protecting homes and communities from wildfire.
Homes complying with the newest building standards are ignition resistant only if
defensible space requirements are being met. Last year on the first inspection
over 24,000 homes in the SRA had not done their defensible space work.
Hundreds of homes still had not done their defensible space work after three
inspections. The state has no defensible space compliance or inspection data
for VHFHSZs. In addition, many structures within the SRA are only inspected
every four years while others are inspected every year.
It is believed that homes in recent fires ignited because vegetation was in front of
their windows and under their eves. Creating a noncombustible zone within five
feet of a structures for high fire hazard areas is recommended by fire
professionals and was referenced in CalFire’s 45 day report to the Governor.
AB 1516 will improve compliance for defensible space requirements and institute a
noncombustible zone. AB 1516 also requires the use of “right tree right place” for future
planting under electrical lines in high fire hazard areas. Landowners could consult a
guidebook developed to provide options of vegetation that would never grow into
energized conductors and cause fires. This will reduce vegetation management costs,
conflict with landowners, and reduce vegetation contact with lines. Finally, the AB 1516
modernizes CalFire’s requirements to provide technical assistance to local governments
on fire prevention and appropriate vegetation management.
Although in support of the measure, the Personal Insurance Federation of California
seeks creation of an advisory workgroup to participate in the development of the new
wildfire risk model. This remains a matter in active discussion.
ARGUMENTS IN OPPOSITION
The California Farm Bureau Federation is opposed unless the bill is amended to exempt
orchards (that it does not consider to be fire threats) that are plowed or cultivated from
the prohibition regardi ng encroachment within 10 feet of overhead utility line conductors.
This question is under discussion between the opposition and the author and will likely
be resolved.
COMMENTS
The concern of the Farm Bureau is under active discussion with the author who has
indicated it will be successfully resolved.
AB 1516 (Friedman) Page 5 of 5
SUPPORT
Allstate
American Property Casualty Insurance Association – if amended
CA Firesafe Council
California Association of Resource Conservation Districts
California Building Industry Association
California State Association of Counties
Midpeninsula Regional Open Space District
Personal Insurance Federation of California – if amended
Resource Conservation District Greater San Diego County
Rural County Representatives of California
San Diego Gas & Electric
Sierra Club of California
The Nature Conservancy
OPPOSITION
California Farm Bureau Federation – unless amended
-- END --
Santa Clara County Community Wildfire Protection Plan
Annex 9 – Town of Los Gatos
SWCA Environmental Consultants 4 August 2016
Figure 9.1. Los Gatos planning area.
O
SECTION 3311 MEANS OF EGRESS
Building Standard
Amend Section 3311.1 as follows:
[B] 3311.1 Stairways required. Each level above the first story in multi-story buildings that require two
exit stairways shall be provided with at least two usable exit stairways after the floor decking is
installed. The stairways shall be continuous and discharge to grade level. Stairways serving more
than two floor levels shall be enclosed (with openings adequately protected) after exterior
walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and
maintained clear of debris and construction materials at all times.
Exception:
For multi-story buildings, one of the required exit stairs may be obstructed on not more than two
contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum
board, painting, flooring, etc.).
Building Standard
Add Section 3311.1.1 to read:
Section 3311.1.1 Required means of egress. All buildings under construction shall have at least one
unobstructed means of egress. All means of egress shall be identified in the prefire plan see Section
3308.2.
CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Chapter 49 of the 2016 California Fire Code is adopted with the following amendments:
Amend Section 4902 as follows:
SECTION 4902 DEFINITIONS
Amend definition of Wildland-Urban Interface Fire Area as follows:
Wildland-Urban Interface Fire Area is 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 shall be
defined as all areas within the Town of Los Gatos as set forth 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 Los Gatos.
SECTION 4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT
Amend Section 4906.2 to read:
4906.2 Application. Buildings and structures located in the following areas shall maintain the required
hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-high Fire Hazard Severity Zones
2. Land designated as a Very-high Fire Hazard Severity Zone or as a Wildland Urban
Interface Fire Area the Town of Los Gatos.
SECTION 4907 DEFENSIBLE SPACE
Amend Section 4907.1 to read:
4907.1 General. Defensible space will be maintained around all buildings and structures in State
Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe
Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section
1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local Responsibility
Area (LRA) shall maintain defensible space as outlined in Government Code 51175 - 51189 and any
local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the locally
adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard
Severity Zone and persons owning, leasing or controlling land adjacent to such buildings or
structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings
or structures.
Exception: 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.
2. Maintain additional effective defensible space by removing brush, flammable vegetation
and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required
by the fire code official due to steepness of terrain or other conditions that would cause a
defensible space of only 30 feet (9144 mm) to be insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings
or structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
6. Defensible space shall also be provided around water tank structures, water supply pumps
and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
8. 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 within the defensible space
shall be located a minimum of 30 feet (6096 mm) from structures and separated from the
crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises shall
be stored as approved by the fire code official.
2
County of Los Angeles
Department of Agricultural
Commissioner/Weights
and Measures
Weed and Brush
CLEARANCE REQUIREMENTS
Not to scale Neighbor’s House
Okay to have ornamental plants and trees if
individually planted, spaced and maintained so they do
not form a means of transmitting fire from native
growth to the structure. No portion of a tree may
extend within 10 feet of the outlet of a chimney and it
must be free of dead wood. (County Code sec. 325.2.1
EXCEPTIONS (1))
IMPORTANT! Clearance
requirements apply to your
property even if the
structure being protected is
not on your property!
IMPORTANT! Thinning or removal of vegetation an
additional 70 to 130 feet (100 to 200 feet total) from
structures may be required! Please contact your Zone
Inspector! (626) 575-5484 http://acwm.lacounty.gov
Grass and other vegetation located more than 30 feet from
structures and less than 18 inches in height may be
maintained where necessary to stabilize soil and prevent
erosion. (County Code sec. 325.2.1 EXCEPTIONS (3))
Space trees and shrubs a minimum of 15 feet or three
times their diameter from other shrubs. Trees should be
spaced to allow a minimum of 30 feet between canopies at
maturity. For trees taller than 18 feet, prune lower
branches within 6 feet of the ground. For trees and shrubs
less than 18 feet, prune lower branches to 1/3 of their
height. Choose landscaping plants that are fire resistant
and maintain all plants regularly removing dead branches,
leaves, etc. (Go to http://fire.lacounty.gov/FromChief.asp and
scroll down the page and click on the link on the left entitled
“Ready! Set! Go! Wildfire Action Plan”.)
Roadway clearance, minimum of 10 feet clearance for
all flammable vegetation or other combustible growth.
(County Code sec. 325.10)
Firewood, manure, compost or other combustible
materials must be placed or stored a minimum of
30 feet from any building or structure.
(County Code sec. 325.2.1 (1))
Remove/clear away all flammable
vegetation or combustible growth for a
distance of not less than 30 feet from any
structure. This includes ornamental plants
known to be flammable.
(County Code sec. 325.2.1 (2))
NATIVE PLANTS CAN BE FLAMMABLE EVEN
IF GREEN!
Okay to have cultivated
ground cover provided they
are maintained in a
condition that does not
form a means of
transmitting fire from native
growth to the structure.
(County Code sec. 325.2.1
EXCEPTIONS (2))
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