HomeMy WebLinkAbout33371
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Ordinance No. 3337
AN ORDINANCE AMENDING SECTION 38A-8, FIREBREAK REQUIREMENTS, OF
CHAPTER 38A, ENTITLED "FIRE PREVENTION AND PROTECTION", OF THE
BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
Section i. Section 38A-8 of the Butte County Code is amended to read
as follows: j
"SeCtian 38A-8 . FIREBREA,'j(,_~QUYREMENTS . II
a. ~gose. Firebreaks shall be created and maintained on real
property, where a fire hazard exists, to slow or stop the spread of
fire under normal summer fire season conditions.
b. criteria To Be Considered. The following criteria shall be
considered by the Fire Warden in determining the firebreak
requirements applicable to any property. Firebreak requirements less
than the maximums specified below are favored where such lesser
requirements are determined by the Fire Warden to be consistent with
the intent of this Chapter.
(1) Location of buildings on or in close proximity to the
property.
(2) Type, density and condition of vegetation on the property
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or an adjacent property.
(3) Existence of inflammable or otherwise hazardous materials
on the property or on adjacent property, and;
(4) Existence of natural or other existing firebreaks on the
property or on adjacent property.
(5) The slope and other characteristics of the terrain which
may make the creation and maintenance of firebreaks
infeasible.
c. Rural Land Maximum Requirement. Upon consideration of the
purpose and criteria specified in subsections a and b above, the Fire
Warden may require firebreaks up to thirty (3p} feet wide around
residences and buildings. The owner or occupant of a property shall
only be required to create and maintain firebreaks on his or her own
property. All firebreaks required shall be created and maintained
by mowing to a maximum height of 3 inches, discing or removing the
annual weeds and grasses and other rank growth which is the primary
flammable vegetation, and by removing obstructions.
d. Rural Lands Lesser, Reau,1,;~,~,mF,nt, s. On rural lands firebreak
requirements around residences and buildings less than the maximum
specified in subsection c above shall be favored where they are
determined by the Fire Warden to be consistent with the intent of this
Chapter and where the lower density of improvements and the type of
vegetation poses a lesser threat to lives, residences and other
buildings.
e. Aaricu tural Lands. On non-irrigated pasture lands firebreaks
around residences and buildings may be created and maintained by
allowing livestock grazing to limit growth of annual vegetation to a
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height of three (3) inches maximum. On irrigated pasture and on
irrigated crops and orchards, firebreaks shall not be required.
f. Modification of Requirements For Environmental Factors. The
Fire Warden may approve reduced firebreak requirements around
residences and buildings to mitigate erosion potential on steep
slopes, to prevent destruction of unique wildlife habitat, endangered
species and/or vernal pools, or for other environmental factors.
Each special circumstance will be evaluated based on the facts of the
situation. The Fire Warden is encouraged to coordinate with Soil
Conservation, Fish and Game, Carps of Engineers, Water Quality or
other agency representatives when weed abatement activities are
indicated on properties where significant environmental
considerations may arise.
g. ~~,. Specimen shrubs may be retained within firebreaks,
provided that:
(1} They are spaced at a distance equal to no less than 3
times their widest diameter, and are not less than 15
feet from other specimens or buildings.
{2} A11 specimens are kept free of dead wood and litter.
{3) All specimens shall be trimmed a minimum of 2 feet up
from the ground or one third of their height,
whichever is greater.
h. Trees. Specimen Trees may be retained within firebreaks
provided that:
(1) All specimens are kept free of dead wood and litter.
(2) All conifer specimens shall be trimmed of limbs to a
minimum of one third of their height from the ground
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or 12 feet up from the ground, whichever is lesser.
(3) All non-conifer specimens shall have all limbs under
one inch in diameter removed to a point one third of
the height of the tree above the ground or 12 feet up
from the ground, whichever is lesser.
(4} Crowns of adjacent specimens are not interlaced so as
to constitute a medium for the rapid spread of fire.
i.
Firebreaks may include fire resistive vegetation such as green
lawns, ice plant, green ivy, and other plants recognized by the Fire
.Warden as being fire resistive. Any fire resistive plants must be
maintained in a state so as to resist the spread of fire.
j. Urban Lands.
Upon consideration of the purpose and criteria specified in
subsections a and b above, the Fire Warden may require the following
firebreaks:
{1} On lots or parcels on urban lands which are one and one
fourth (1.25) acre in size or smaller and unimproved with
residences or other valuable buildings, firebreaks may be
required on the entire area of each lot or parcel. On lots
or parcels on urban lands which are more than one and one
fourth (1.25) acre in size and unimproved with residences
or other valuable buildings, firebreaks may be required
adjacent to and along all property lines for a maximum
width of thirty (30) feet. Required firebreaks may be
created by mowing to a maximum height of three {3) inches,
discing or removing the annual weeds, grasses, rank growth
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and trimmings, and by removing obstructions.
(2} On lots or parcels on urban lands improved with residences',
or other valuable buildings, the firebreak requirements
around residences or buildings shall be the same as
specified in subsection c above for rural lands. In
addition, where there is a fire hazard on said Tots or
parcels existing more than thirty (30} feet from residences
or other valuable buildings and within thirty (30} feet of
the property lines, a firebreak of thirty (30} feet maximum
width adjacent to and along the property lines may be
required. Required firebreaks may be created in the manner
described in subsection j.(1) above.
Section 2. CEOA Finding. The Board finds, pursuant to Title 14 of
the California Code of Regulations ("CCR"}, Section 15378, that
adoption of this ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA} for the following reasons,
each of which is sufficient in and of itself to support this finding:
A. Adoption of the ordinance is not a "Project" under CEQA, in
',that it does not have a potential for resulting in a detrimental
physical change in the environment, directly or ultimately, as
provided in CCR Section 15378(a);
B. Adoption of the ordinance is further exempt under the
definition of "Project" in CCR section 15378(b)(3) in that it concerns
general policy and procedure making;
C. It can be seen with certainty that there is no possibility
that adoption of this ordinance may have a significant effect upon
the environment pursuant to CCR Section 15061 (b)(3); and
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D. Adoption of this ordinance is an action by a regulatory agency
'that will both enhance and protect the environment and is therefore
~!~categorically exempt pursuant to CCR Section 15308.
,SeS,;.t„j„fin, ~~, Severability~„
If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining
provisions or other applications of the Ordinance which can be given
effect without the invalid provision or application thereof.
,Section 4. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Berard of Supervisors voting for and against it, in
the Chico Enterpzise , a newspaper of general circulation published in
the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, an the 10th day of June ,
1997, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis
NOES : None
ABSENT: None
NOT VOTING: None
Butte County Board of Supervisors
ATTEST:
JOHN BLACKLOCK, Chief
Administrative fficer and Clerk
of he Board
By
(ch38a.ord)
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