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October 2, 2007

Wildfire Planning in the SoCal Hills

2012 APA National Conference

Los Angeles, CA

April 14, 2012

Don Elliott, FAICP

FRFP Regulatory Effectiveness Study

1. Investigate how cities and counties are using local regulatory codes and ordinances to address wildfire risk.

2. Identifying how local governments use NFPA model codes and standards that address risk of wildfire in the Wildland Urban Interface (WUI).

3. Outlines how tools like such as zoning overlays and subdivisions regulations, can be used to more comprehensively address the risk of wildfire.

Clarion Associates

Building

Officials

Land

Planners

Fire

Officials

Task 2: Categorization of WUI Tools

Categorization by Scale of Tool • Community Scale

• Hazard /Risk mapping

• Neighborhood Scale

• Site development -- Water supply – Access

• Individual Lot Scale

• Vegetation choice and management – Defensible space

• Structure Scale

• Primary structure: Roof, decks, siding, vents, soffits

• Accessory structure: Sheds, gas tanks, wood piles, fences

Clarion Associates

List of Interview Communities

Clarion Associates

Community Interviews

Southeast

• North Port, FL

• Palm Coast, FL

Northwest

• Clark County, WA

• Missoula, MT

• Bend, OR

• City of Boise, ID

California

• Santa Barbara, CA

• Glendale, CA

Central Rocky Mountains

• Boulder County, CO

• Utah County, UT

Southwest

• Village of Ruidoso, NM

• Santa Fe County, NM

• City of Prescott, AZ

Responses to Interview Questions

Clarion Associates

Why did you adopt WUI standards?

• State mandate or major fire

How did the public process go?

• Cynical public required repeated efforts or education

What WUI regulations did you use for guidance?

• Parts of NFPA and ICC – never the whole thing

• Many wrote their own based on a neighbor’s

Responses to Interview Questions

Clarion Associates

Who administers WUI regulations?

• Fire Marshal – then Building Dept. – then Planning Dept.

What is the review process?

• Development Review Committee – then pre-app

• Inspections by Fire Marshall

What is your most effective WUI regulations?

• Defensible space – then roof standards – then education

Responses to Interview Questions

Clarion Associates

Are your existing tools adequate – or what more is

needed?

• Existing tools are generally adequate

• If additional resources, would put them into education

and enforcement.

Is new or existing development more problematic?

• Existing because more of it and built pre-standards

• Lack of political will to address existing is the key

What is the most significant enforcement problem?

• Maintenance of defensible space over time

The Planning Toolbelt

Clarion Associates

Using Land Use tools to Reduce Fire Risk

•Zoning

•Subdivision

•Site Planning / Design Review

•Growth Management

•State-specific Legislation

•Development Agreements

•Enforcement

Potential Approaches

Clarion Associates

Zoning

Base zone districts

Overlay zone districts

• High fire risk areas can be mapped, and

risk mitigation standards applied in those

areas

• State level maps can be used, even if

resolution is not as high as you want

• Clarify that the official map is the higher

resolution web version (not the one

printed in the paper code)

• Add a process to question or change the

map if you think it is wrong

Potential Approaches

Clarion Associates

Zoning

Potential Approaches

Clarion Associates

Zoning

Fire Hazard Overlay standards

• Defensible space

• Roof materials, vents, building requirements

• Source of fire suppression water

• Wider access road standards / lower grades

• Membership in fire district

Many other tools to implement these goals,

but zoning gives potential buyers better

notice than post-purchase reviews

Potential Approaches

Clarion Associates

Zoning

Permitted Uses and Use-Specific Standards

• Uses that are “permitted” in some use

categories can be made “conditional” in WUI

areas with inadequate fire access or without

fire suppression water source

• Uses can be subject to “use-specific

standards” that apply automatically – without

a hearing –tied to location in a WUI areas,

areas without fire suppression water source,

or adequate access

• Assembly

• Uses involving fuels or hazardous

materials

Potential Approaches

Clarion Associates

Potential Approaches

Clarion Associates

Zoning

Development (Design / Quality) Standards

• Landscaping, tree preservation, access /

connectivity, maintenance

• Different standards can be drafted to apply in

fire hazard areas

• Different types and amounts of landscaping /

defensible space

• Exceptions to tree preservation requirements

• Additional access requirements

• Higher duties to maintain and manage vegetation

Potential Approaches

Clarion Associates

Zoning

While zoning has traditionally been more

focused on initial project design, modern

codes are placing increased emphasis on

management and maintenance

Examples

• Landscaping / tree replacement

• Stormwater facility management

• Lighting / glare

• Transportation Demand Management (TDM)

• Community amenities through HOAs

• Sustainability focus will push further

Potential Approaches

Clarion Associates

Zoning

Incentives can be used when data or

political will for a regulation is missing

In rural (WUI) areas one key incentive

is house size (not density)

Example:

• Basic house permitted is small

• Larger house sizes require more fire-

resistant construction, or location to

ensure defensible space from

accessory structures, or better access,

or sprinklering of home

Potential Approaches

Clarion Associates

Subdivision

The power to divide land for purposes of sale or

development

• Much more important in suburbs and rural areas (including

WUI areas) than mature cities

Generally a separate power granted to local

governments

• Should – but often doesn’t -- align with zoning, and is often

legally defensible even if it doesn’t align

Generally has strong language on public safety, access,

utilities

Can be linked to comprehensive plan goals

Potential Approaches

Clarion Associates

Subdivision

Current trends

• Early land inventory (to avoid sensitive

areas)

• Mandatory clustering in rural areas

(could be used to avoid fire hazards)

• Conservation subdivisions (additional

house size or uses in return for

protection of more undeveloped land)

• “New Communities” standards (large

projects have more flexibility to avoid

hazardous areas through planning)

• Lot orientation for solar access

Potential Approaches

Clarion Associates

Subdivision

Many regulations that could (and

maybe should) appear in zoning can

also be imposed through subdivision

• Development density bonuses

• Sensitive lands protection

• Steep slope avoidance /

development standards

• Edge landscape buffers for new

development

• Wildlife habitat protection

Potential Approaches

Clarion Associates

Site Planning / Design Review

Even when zoning is not being changed

and land is not being divided, many

communities require “site plan review”.

• Generally applies to development

other than single- or two-family

homes

• Review to ensure that circulation,

parking, and access points are safe,

landscaping actually buffers, lighting

won’t glare, etc.

• Could expand to cover risk

Potential Approaches

Clarion Associates

Development Agreements

Cities and counties increasingly use development

agreements to tie down issues of site design, phasing,

infrastructure construction, or site management that are

not addressed in zoning or subdivision

• Site maintenance and funding provisions are common

Opportunity to ensure that:

• Maintenance provisions address defensible space

• Existing accessory structures are relocated or roofs replaced

within a fixed period of time

• Condition new structure approval on old structure removal

Potential Approaches

Clarion Associates

Enforcement

Zoning enforcement is complaint-driven

But when complaints are made inspectors

can cite for other violations observed

• Cross- train to inspect for defensible

space maintenance or unauthorized

accessory structures

• Zoning often allows for easier civil (not

criminal) citations

• “Personal appearance” requirement an

emerging “soft” enforcement tool

The Point

Clarion Associates

The planning and land use “toolbelt”

offers lots of different legal tools that

allow broader cooperation between

planning / zoning / building / fire

officials

. . . And that could be used . . . But

usually aren’t . . . to reduce fire risk in

WUI areas

Fire

Bldg. Land

Use

Joshua S. Huntington, AICP

jhuntington@planning.lacounty.gov

2012 APA National Conference

April 14, 2012

Los Angeles County Wildfire Planning:

Cooperation in Action

Puerto El Triunfo, El Salvador

Key risks: floods and earthquakes

Wildfire Planning in Los Angeles County: Background

Lake County, IL

Key risks: floods and severe weather

Los Angeles County, CA Key risks: wildfires and earthquakes

Wildfire Planning in Los Angeles County: Setting

Wildfire Planning in Los Angeles County: Setting

Case Study: 2009 Station Fire

Largest

164

90

5,000

Two

Wildfire Planning in Los Angeles County: Case Study

brush fire in LA County history

,000 acres burned

residences and outbuildings destroyed

firefighters and staff from US and Canada worked for over a month

months before the fire was completely out

Wildfire Planning in Los Angeles County: Case Study

Wildfire Planning in Los Angeles County: Station Fire

Wildfire Planning in Los Angeles County: Station Fire

Wildfire Planning in Los Angeles County: Station Fire

Wildfire Planning in Los Angeles County: Station Fire

Wildfire Planning in Los Angeles County: Station Fire

Identify Risks: Very High Fire Hazard

Severity Zones (VHFHSZ)

Utilize Resources: Cooperation

Wildfire Planning in Los Angeles County: Mitigation

Wildfire Planning in Los Angeles County: VHFHSZ

Wildfire Planning in Los Angeles County: VHFHSZ

Wildfire Planning in Los Angeles County: VHFHSZ

Wildfire Planning in Los Angeles County: VHFHSZ

Wildfire Planning in Los Angeles County: Formal Cooperation

Subdivision Committee

Wildfire Planning in Los Angeles County: Formal Cooperation

Wildfire Planning in Los Angeles County: Informal Cooperation

Wildfire Planning in Los Angeles County: Informal Cooperation

Joshua S. Huntington, AICP

jhuntington@planning.lacounty.gov

2012 APA National Conference

April 14, 2012

Los Angeles County Wildfire Planning:

Cooperation in Action

Molly Mowery │ American Planning Association │ 2012

A Brief History…

Wallace, Idaho

Photo credit: firedaily.com

National forest

Photo credit: “The Big Burn,” Timothy Egan

1909 1948 1958 1968 1979 1989

=

Fire is an essential, natural process:

Replenishes soil nutrients

Removes dead and dying vegetation

Encourages healthy re-growth

Photo credit: US Forest Service

Source: U.S. Census Bureau, 2010 Census, Census 2000, 1990 Census, and 1980 Census

Lightning Fires

10,249 fires (2011)

3.4 million acres/

1.4 million hectares

Human Fires

63,877 fires (2011)

5.4 million acres/

2.2 million hectares

Source: National Interagency Fire Center; www.nifc.gov/fireinfo/fireinfo_stats_lightning.html

Threats to Community Sustainability

Billion dollar wildfire disasters in U.S. in past decade

2011: $1 billion; 5 deaths

2009: $1 billion; 10 deaths

2008: $2 billion;16 deaths

2007: $1 billion; 12 deaths

2006: $1 billion; 28 deaths (20 firefighters)

2003: $2.5 billion; 22 deaths

2002: $2.0 billion; 21 deaths

Source: National Climatic Data Center

Wildfires affect Tourism, Business, Infrastructure, and Natural Resources

Wildland fires entering suburban environment threatens public health and safety

South Carolina (2009) Photo credit: South Carolina Dept of Forestry

Simultaneous ignitions overwhelms response capabilities, requires long-term recovery

WUI development decreases ability to manage landscapes with prescribed burning

Changing factors are increasing fire severity and extending burn seasons

Climate change = increased

temperatures, longer wildfire seasons, droughts

Pine Beetle = catastrophic fire conditions, increased firebrands, unhealthy forests

Mitigation Opportunities

Voluntary:

Community Wildfire Protection Plans

Education and Outreach:

Firewise Communities/ USA® recognition program

Ready, Set, Go! community preparedness program

Mandatory:

State and Local Hazard Mitigation Plans

Building Codes

Development Standards

Vegetation Management Ordinances

Plans engage foresters, community leaders, fire officials, and the public to address:

Community wildfire risk

Structural ignitability

Capacity and response

Critical infrastructure

Access, capacity, and response

Photo credit: Firewise Communities/USA Program

Voluntary homeowner programs to make neighborhoods safe

700+ Firewise Communities in 41 states

Provides resources for protecting property, pursuing community grants

Codes can address WUI hazard through regulation of: Land development & siting

Vegetation & landscaping

Building materials

Access

Water supply

Photo credit: South Carolina Division of Forestry

THANK YOU

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