The fire safety (FS) overlay established by section 9.05.030, "Establishment Of Base Zoning And Overlay Districts", and chapter 9.15, "Overlay Districts", of this article 2 is created to provide greater public safety in areas prone to wildland brushfires, by establishing additional development standards for these areas. (Ord. 253, 12-16-2014)

The FS overlay shall be designated in high fire hazard areas as mapped on the general plan fire hazards map with the locations derived from the California department of forestry, U.S. forest service, and the county fire department. (Ord. 253, 12-16-2014)

The FS overlay corresponds to a distinct geographic area that is associated as a wildland fire hazard. The requirements applicable to each fire safety area are found in section 9.17.050, "Fire Safety Development Standards", of this chapter.

   A.   Fire Safety Area (FS): Fire safety area includes those lands that have gentle to moderate sloping terrain and contain light to moderate fuel loading. These areas are periodically subject to high wind conditions that have the potential of dramatically spreading wildland fires. (Ord. 253, 12-16-2014)

   A.   Notice Of Application Or Permit: A notice of each land use application and/or development permit that would lead to the construction of one or more structures or the subdivision of land within the FS overlay shall be sent to the responsible fire authority for comment.

   B.   Review Authorities: Each proposed land use application that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into project conditions of approval where possible.

   C.   Density Bonus: A residential density bonus, if any, shall only be allowed through the approval of a planned development permit in compliance with chapter 9.67, "Planned Development Permits", of this title, which shall consider impacts of fire safety.

   D.   Subdivisions: When twenty five percent (25%) or more of a subdivision project site involving five (5) or more lots is located on natural slopes greater than thirty percent (30%), the subdivision application shall be submitted concurrently with a planned development application to evaluate appropriate project design in consideration of topographic limitations of the site. This provision shall not apply if all of the areas on the site with natural ungraded slopes over thirty percent (30%) are permanently restricted from structural development.

   E.   Application Requirements: Each land use and other project application shall include the following information and materials:

      1.   Slope Analysis: Each project application shall include a slope analysis. The slope analysis shall include the following information:

         a.   A topographic map of the proposed project area and all adjoining properties within one hundred fifty feet (150') at a scale of not less than one inch to two hundred feet (1" - 200'). The contour interval shall not be more than two feet (2') except that the contour interval may be five feet (5') if the general natural ungraded slope is more than ten percent (10%). Contour lines shall be obtained by aerial or field survey, done under the supervision of a licensed land surveyor or registered engineer.

         b.   The natural, ungraded, slope categories to be computed are zero percent (0%) to less than fifteen percent (<15%), fifteen percent (15%) to less than thirty percent (<30%), thirty percent (30%) to less than forty percent (<40%), and forty percent (40%) and greater. The minimum area (polygon) used for slope calculation shall be five thousand (5,000) square feet.

         c.   The area, in acres, shall be tabulated for each category.

      2.   Preliminary Grading Plan: Each project application shall include a preliminary grading plan, except that preliminary grading plan requirements may be waived by the director if it is determined through the required preapplication conference that this requirement is unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following information:

         a.   A topographic map of the proposed project area and all adjoining properties within one hundred fifty feet (150') at a scale of not less than one inch to two hundred feet (1" = 200'). The contour interval shall not be more than two feet (2') except that the contour interval may be five feet (5') if the natural ungraded slope is more than ten percent (10%). Contour lines shall be obtained by aerial or field survey, done under the supervision of a licensed land surveyor or registered engineer.

         b.   Contours of the finished graded slope shown at intervals similar to that on the topographic base map.

         c.   Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five feet (5') in vertical height, the maximum heights of those slopes and approximate total cubic yards of cut and fill shown on the preliminary grading plan.

         d.   Compliance with the current edition of the California building code, as adopted by the town, is required.

         e.   In the event no grading is proposed, a statement to that effect shall be placed on the required topographic map described in subsection E1a of this section, and the map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each proposed parcel.

      3.   Fuel Modification Plan: Each project application shall include a fuel modification plan describing the fuel modification area required in subsection 9.17.050D6 of this chapter. The plan may be submitted as a preliminary and final plan. A preliminary and/or final plan shall be submitted concurrently with the development application to the department for review in conjunction with the project design review. Final plans shall be reviewed and approved by the responsible fire authority in conjunction with the county fire marshal. The fuel modification plan shall address the standards in subsection 9.17.050D6 of this chapter, and the following factors:

         a.   The natural ungraded slope of the land within the project and in the areas adjacent to the project;

         b.   Fuel loading;

         c.   Access to the project and access directly to the fuel modified area;

         d.   The on site availability of water that can be used for firefighting purposes;

         e.   The continual maintenance of the fuel modified areas;

         f.   The soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion; and

         g.   A list of recommended landscape plant materials that are fire resistant. (Ord. 253, 12-16-2014)

Development proposed in fire safety overlays shall comply with all applicable requirements of this section.

   A.   Fire Authority Standards: All proposed development shall comply with all other applicable standards required by the San Bernardino County fire department. This shall include the standards and provisions of the California building code (CBC) chapter 7A (Materials And Construction Methods For Exterior Wildfire Exposure) and California fire code as amended by county ordinance adopting California fire code, which is included in this code by reference.

   B.   Applicability Of Zoning District Standards And Overlay Standards: The development standards established by a zoning district and any applicable overlay shall apply, except as modified by this chapter.

   C.   Residential Density: In order to reduce fire hazards, prevent erosion, and to preserve the existing vegetation and visual quality, the density of development for any tentative parcel map or tentative tract map in sloping hillside areas shall be in compliance with the following criteria:

      1.   One to four (4) dwelling units per gross acre on slopes of zero to less than fifteen percent (0 - <15%);

      2.   Two (2) dwelling units per gross acre on slopes of fifteen to less than thirty percent (15 - <30%);

      3.   One dwelling unit per three (3) gross acres on slopes of greater than thirty to less than forty percent (>30 - <40%) gradient;

      4.   One dwelling unit per ten (10) gross acres on slopes of forty percent (40%) or greater gradient.

   D.   Site Development Requirements:

      1.   Site And Emergency Access: Each development project and each development project phase, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two (2) points of vehicular ingress and egress, designed to town road standards, with a minimum width of twenty six feet (26') of all weather surface as defined in the California fire code, from existing and surrounding streets. The department may authorize one point of vehicular access to be an emergency access route with an all weather surface if the department first makes each of the following findings:

         a.   Two (2) points of nonemergency access are physically infeasible;

         b.   Provisions have been made to reasonably ensure that the emergency access will be maintained; and

         c.   Based on the review and consideration of the fire authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

      2.   Private Driveways Or Access Roadways: Private driveways or access roadways for residential units shall not exceed one hundred fifty feet (150') in length, unless approved by the fire authority in compliance with section 10.207 of the California fire code.

      3.   Fences:

         a.   Where wood or vinyl fencing is used, there shall be a minimum five foot (5') separation between the wood or vinyl fencing and the wall of the nearest structure except on those properties where previous construction occurred in compliance with a previous code. Fencing within the five foot (5') separation area shall be of noncombustible material or modified one hour fire resistance rated construction.

         b.   Fences or walls required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California building code. All other fences, including those on the interior of a development project, are not subject to this requirement, except as required in subsection D3a of this section.

         c.   Where side and rear yards are enclosed by fencing, gates shall be provided on both side yards for emergency access to the rear yard.

      4.   Water Supply: Each development project shall provide six inch (6") or larger circulating (loop) water mains as required by the California fire code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the fire authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on site fire flow and water storage requirements shall be as specified by the California fire code.

      5.   Access To Water Supplies: There shall be vehicular access, at least twelve feet (12') in width, to within at least ten feet (10') of each static water source, including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half inch (21/2") National Hose thread fitting, or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

      6.   Fuel Modification Areas:

         a.   A permanent fuel modification area shall be required around a development project or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. In no case shall this area be less than one hundred feet (100') in width as measured from the development perimeter. Where feasible, the area shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be determined based on a fuel modification plan filed in compliance with subsection 9.17.040E3 "Fuel Modification Plan", of this chapter.

         b.   When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the county fire marshal and shall be based upon the same considerations described in subsection D6a of this section, for permanent fuel modification areas and the factors addressed in the required fuel modification plan.

      7.   Setback Requirements: Each proposed structure shall comply with the following setback requirements as applicable, in addition to the setbacks required by the applicable primary zoning district, and the building separation requirements in subsection E of this section (building separation).

         a.   Firewood Or Flammable Materials Storage: Each area used for the storage of firewood, or other flammable materials, shall either be located at least thirty feet (30') away from all structures, or wholly enclosed within a structure.

         b.   Fuel Tanks: Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten feet (10') away from any structure and shall be in compliance with the standards in the California fire code. The tanks shall be secured to the ground.

         c.   Sloping Site Setbacks Or Fuel Modification: Each structure proposed in an area with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following requirements:

            (1)   Where a structure is existing or proposed within two hundred feet (200') of a slope that is greater than thirty percent (30%) before grading and where the slope is at least thirty feet (30') in height, the vegetation on the slopes shall be treated in a manner so that it becomes a fuel modified area. The fuel modified area shall be maintained for either the entire slope, or one hundred feet (100'), or to the property line, whichever distance is less for existing parcels or the distance prescribed by a fuel modification plan for new development.

            (2)   Where grading is utilized that does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes that are greater than thirty percent (30%) in gradient and greater than thirty feet (30') in height, each structure shall be set back at least thirty feet (30') from the edges of the graded area adjacent to the natural ungraded slopes.

      8.   Street Name Signs: All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to town standards and visible at all street intersections.

      9.   Fire Hydrant Identification: Each fire hydrant shall be identified by a method specified by the fire authority.

      10.   Erosion And Sediment Control: Each development project, building permit, grading and any other significant land disturbing activity shall include the installation of erosion control measures in compliance with this development code.

      11.   Concealed Spaces: Unenclosed or projecting assemblies (e.g., cantilevered floors, bay windows, etc.) that contain concealed space shall be protected on the exposed surface with materials approved for the modified one hour construction.

      12.   Decks: Cantilevered or standard type decks shall be:

         a.   Constructed with a minimum of at least one and one-half inch (11/2") wood decking; and/or

         b.   Protected on the underside with materials approved for one hour fire resistive construction; and/or

         c.   Composed of noncombustible materials, as defined in the California building code, or other materials approved by the responsible fire authority.

      13.   Exposed Piping: Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California building code.

   E.   Building Separation Standards: The intent of the following exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.

      1.   Building Separation: In fire safety areas, the following shall apply:

         a.   Each building on a parcel shall have exterior wall separations of at least thirty feet (30') except as modified by subsection E1c of this section.

         b.   Residential structures shall have interior side yard setbacks of twenty percent (20%) of the lot width, provided that these interior side yards shall not be less than five feet (5') and need not exceed fifteen feet (15'). In no case shall exterior wall separations be less than ten feet (10') for all buildings, including those on adjoining parcels. Eaves shall be permitted to project into the required setback no more than two feet (2'). No other projections shall be allowed less than five feet (5') to side or rear property lines.

         c.   When the exterior walls of residential and accessory buildings or portions thereof are within fifteen feet (15') of interior side or rear lot lines, or the exterior wall separation is less than thirty feet (30'), the outside of each exterior wall or portion thereof shall be constructed with exterior wall coverings that are constructed of noncombustible materials or provide the one hour fire resistance rated construction on the exterior side. Modified one hour construction shall be defined by the building official. Where building separations are less than ten feet (10'), additional mitigation measures may be required by the responsible fire authority.

         d.   In compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter, and dependent upon site specific conditions, the following measures or combinations of measures may be substituted for the exterior wall separation requirements for all structures in fire safety areas:

            (1)   The expansion of fuel modified areas around the perimeter of the development project beyond that required by this section or other requirement of the development code.

            (2)   A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project.

            (3)   Clustering of structures away from the development perimeter and away from fire hazard areas.

            (4)   Other alternate measures (e.g., sprinklers, etc.) if approved by the department in compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter.

   F.   Building Construction Requirements:

      1.   Eaves: Eaves shall be enclosed with a minimum seven-eighths inch (7/8") stucco or equivalent protection. Fascia shall be two inches (2") nominal solid wood or stucco or equivalent protection.

      2.   Exterior Doors: All exterior doors made of wood or wood portions shall be solid core wood. For exterior doors with inset windows, refer to subsection F3a of this section.

      3.   Exterior Glazing: Exterior glazing shall comply with the provisions of the California building code and with the following additional requirements:

         a.   Exterior windows, window walls and glazed doors, and windows within exterior doors, shall be multilayered glass panels (dual or triple paned), tempered glass, or other assemblies approved by the building official.

         b.   Vinyl window frame assemblies shall be prohibited, except when they have all of the following characteristics:

            (1)   Frame and sash are comprised of vinyl material with welded corners;

            (2)   Metal reinforcement in the interlock area;

            (3)   Glazed with insulated glass or tempered;

            (4)   Frame and sash profiles are certified in American Architectural Manufacturing Association (AAMA) linear certification program (verified with either an AAMA product label or certified products directory); and

            (5)   Certified and labeled in compliance with American National Standards Institute (ANSI)/AAMA/National Wood Window And Door Association (NWWDA) structural requirements.

      4.   Insulation: Paper faced insulation shall be allowed in attics or ventilated spaces only if the paper is not exposed to the attic open space. Cellulose insulation is required to be fire retardant.

      5.   Roof Coverings: Roof coverings shall be either noncombustible or shall be fire retardant material not composed of organic fiber with a minimum class A rating, as defined in the California building code. The tile shall be tightfitting and the open ends of high profile tile shall be capped with nonignitable material to prevent birds' nests or other combustible material from accumulating. Gutters and downspouts shall be constructed of noncombustible material.

      6.   Spark Arresters: Each chimney used in conjunction with a fireplace, or other heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An "approved spark arrester" shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, 12-gauge minimum of three-eighths inch (3/8") minimum to one-half inch (1/2") maximum openings, mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.

      7.   Street Address Numbers: Each nonaccessory building shall have internally illuminated noncombustible building address numbers legible from the street in compliance with the California fire code.

      8.   Vents And Openings: Louvers, ventilators, or openings in walls, roofs, attics, and underfloor areas having headroom less than four feet (4') in height that are not fitted with sash or doors, shall be covered with wire screen. The screen covering the openings shall be corrosion resistant metal or other approved material that offers equivalent protection and shall have a maximum mesh of one-eighth inch (1/8"). Eave vents and roof mounted turbine vents are prohibited.

      9.   Water Faucets: A minimum of two (2) 3/4-inch faucets with hose connections each served by a three-fourths inch (3/4") waterline and installed before any pressure reducing device shall be available per habitable structure separated by at least one-third (1/3) of the perimeter of the structure. The faucets shall be on the sides of a structure facing fire hazardous areas whenever possible.

   G.   Perimeter Access To Fuel Modified And Fire Hazard Areas: Firefighting vehicles shall have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. Each development project shall provide adequate vehicular access for firefighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of approval for the development project for the continual maintenance of the areas intended to provide the access. Perimeter access shall be provided, through either of the following measures or through alternate measures in compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter:

      1.   The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to firefighting equipment. The road shall be capable of supporting firefighting equipment, shall be at least twenty feet (20') in width, and shall not exceed a grade of fourteen percent (14%). The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained, if it is not within the publicly maintained road system.

      2.   Development projects shall provide accessways, at least twelve feet (12') in width, with a grade not to exceed fourteen percent (14%), and capable of supporting firefighting vehicles, between the development perimeter and proposed or existing streets. Accessways shall be spaced at intervals of no more than an average of three hundred fifty feet (350') along each street. The conditions of approval for the development project shall require specific provisions to ensure that accessways will remain unobstructed and will be maintained. Where feasible, accessways may not be paved and shall be designed so as not to detract from the visual quality of the project.

   H.   Length Of Cul-De-Sacs: Cul-de-sacs shall not exceed three hundred fifty feet (350') in length, except that they may be extended as allowed by this subsection.

      1.   Exception For Parcels Of Less Than Five Acres: A cul-de-sac may exceed three hundred fifty feet (350') in length but shall not exceed six hundred feet (600') in length, if parcels that take access from the cul-de-sac are less than five (5) acres, and:

         a.   Alternate measures are utilized in compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter; or

         b.   Based upon consideration of the recommendation of the fire authority, the department determines that the cul-de-sac is situated and designed so that each parcel taking access from it is not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildland fires.

      2.   Exception For Parcels Larger Than Five Acres: A cul-de-sac may exceed six hundred feet (600') in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:

         a.   The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.

         b.   Alternate measures are utilized in compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter.

      3.   Alternate Measures: In compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter, and dependent upon site specific conditions, one of the following measures or combination of measures may be used to mitigate the effect of creating cul-de-sacs up to six hundred feet (600') in length with parcels less than five (5) acres in area:

         a.   Limitation of the total number of dwelling units with access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de- sac. These restrictions shall be imposed through conditions of approval of the development project.

         b.   A continuous perimeter access road at least twenty feet (20') in width is provided along the portion of the cul-de-sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by firefighting vehicles, provides adequate maneuvering space for the vehicles, and is designed so that at least one point of access to the perimeter access road is taken from roads other than the subject cul-de-sac.

         c.   The cul-de-sac road will have a paved width of at least forty feet (40') with posted no parking for its entire length, and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing firefighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on site or off site.

         d.   Other alternate measures approved by the department in compliance with section 9.17.060, "Alternate Hazard Protection Measures", of this chapter.

   I.   Additional Requirements: Dependent upon specific site conditions (e.g., building separation, fire flow, road conditions, slope, vegetation, etc.) or a combination of conditions, the responsible fire authority may require structures to meet more stringent construction standards (e.g., full perimeter exterior walls to be constructed to the modified or full 1 hour construction standards, sprinklers, soffitted eaves, etc.) as additional mitigation to the fire threat. (Ord. 253, 12-16-2014)

   A.   Purpose: This section allows greater design flexibility than would otherwise be permitted to more efficiently and effectively achieve the purposes of the FS overlay. Design flexibility is provided by allowing the substitution of alternate measures for otherwise applicable requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.

   B.   Applicability:

      1.   The provisions of this section shall apply only to the standards and requirements of:

         a.   Subsection 9.17.050E of this chapter (building separation standards in FS1 and 2 areas);

         b.   Subsection 9.17.050G, "Perimeter Access To Fuel Modified And Fire Hazard Areas", of this chapter; and

         c.   Subsection 9.17.050H, "Length Of Cul-De-Sacs", of this chapter.

      2.   Since these alternative measures apply to the standards and requirements that pertain to these three (3) specific design elements, they are intended to be applied to development projects only and not to individual parcel conditions. Therefore, they do not apply to the determination of setbacks for residential construction on individual lots.

   C.   Substitution Of Alternative Measures For Standards And Requirements:

      1.   If alternative measures are proposed, the fire authority shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.

      2.   If the fire authority makes a positive determination in compliance with subsection C1 of this section, alternate measures may be substituted for the established standards and requirements if the department, with consideration of the recommendation of the fire authority, finds and justifies all of the following:

         a.   The approved alternative measures meet the intent of, and serve the same purpose as, the established standard or requirement.

         b.   The approved alternative measures provide the same or a greater level of protection or are as effective as the established standard or requirement.

         c.   There are clear and substantial reasons for utilizing the alternative measures because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the fire safety area overlay. (Ord. 253, 12-16-2014)