HomeMy WebLinkAbout2111ORDINANCE NO. 2111
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY
ZONES WITHIN THE CITY OF PALM SPRINGS BASED ON
MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION, AMENDING
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, AND APPROVING AMENDMENTS TO THE PALM
SPRINGS FIRE DEPARTMENT VEGETATION
MANAGEMENT GUIDELINES
City Attorney's Summary
This Ordinance adopts the updated 2025 Fire Hazard Severity
Zone Map for the City of Palm Springs consistent with state
law and the City's goals of enhancing public safety, climate
resilience, and responsible land management. This Ordinance
also proposes amendments to the City's Fire Code and the
City Fire Department's Vegetation Management Guidelines
regarding the same subject matter.
WHEREAS, Government Code Section 51178 requires the State Fire Marshal to
identify areas in the state as moderate, high, and very high fire hazard severity zones
("FHSZs") based on consistent statewide criteria and severity of fire hazard that is
expected to prevail in those areas; and
WHEREAS, on March 24, 2025, the California Department of Forestry and Fire
Protection published a new Local Responsibility Area Fire Hazard Severity Zone Map for
the City; and
WHEREAS, the Palm Springs Fire Department has reviewed the FHSZ map and
believes it accurately represents the fire hazard zones within the City; and
WHEREAS, within 30 days of receiving the transmission from the State Fire
Marshal identifying the FHSZs, the City made the information available for public review
and comment; and
WHEREAS, the City Council desires to designate by ordinance the FHSZs in its
jurisdiction recommended by the State Fire Marshal pursuant to Government Code
Section 51178; and
WHEREAS, the City Council deems it desirable to amend Appendix S — Vegetation
Management Guidelines to reflect new vegetation clearance requirements and best
practices for wildfire mitigation and enforcement in designated zones and further desires
to adopt corresponding amendments to the Chapter 8.04 (Fire Code) of the Palm Springs
Municipal Code regarding the same; and
Ordinance No. 2111
Page 2
WHEREAS, based on the entire record before the City Council and all written and
oral evidence presented, the City Council finds the proposed Ordinance complies with the
California Environmental Quality Act for the reasons set forth in this Ordinance; and 0
WHEREAS, any and all other legal prerequisites relating to the adoption of this
Ordinance have occurred.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and
correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. The City Council finds that the proposed actions are not a project
subject to the California Environmental Quality Act ("CEQA"). (State CEQA Guidelines, §
15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment do not qualify as a project subject to CEQA. Here, the
proposed actions constitute an organization or administrative activity that will not result in
direct or indirect physical changes in the environment because it involves the designation
of FHSZs in the Local Responsibility Areas as recommended by the Office of the State
Fire Marshal and amendments to the City's Fire Code and vegetation management
guidelines concerning the same subject matter. Accordingly, the proposed actions are not
a project subject to CEQA.
Even if the proposed actions do qualify as a project subject to CEQA, they would
be exempt from CEQA because it can be seen with certainty that there is no possibility
that the proposed actions in question may have a significant effect on the environment for
the same reasons referenced above. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. The City Council hereby designates the Fire Hazard Severity Zones
as recommended by the California Department of Forestry and Fire Protection pursuant
to Government Code Section 51178. The map, approved by the City, is attached hereto
as Attachment "B" entitled "City of Palm Springs Fire Hazard Severity Zones" dated
March 24, 2025, and hereby incorporated by reference. The official map is also located
electronically on the following website:
https://calfire.app.box.com/s/wahuw9ny7cqn89xpxh7O92ur5Orl wv'/file/1810975245254.
SECTION 4. The following portions of Section 8.04.510 (California Fire Code —
Additions, Amendments and Deletions) of the Palm Springs Municipal Code are hereby
amended in their entirety to read as follows with deletions in StFikethFaugh text. Except as
otherwise expressly provided in this Section 4, all other remaining provisions of Section
8.04.510 shall remain unchanged and continue in full force and effect:
11) Amend subsection 304.1.2, Vegetation, to read as follows: 0
Ordinance No. 2111
Page 3
304.1.2 Vegetation. Weeds, grass, vines or other growth, as determined by the
Fire Code Official, that is capable of being ignited and endangering property, shall
be cut down and removed by the owner or occupant of the premises. Vegetation
clearance requirement in urban-wildland interface areas shall be in accordance
with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a
fuel modification area, interior slope, or similarly hazardous area shall be in
accordance with PSFD Appendix S "Vegetation Management in Fire Hazard
Severity Zones."
24) Add new Section 321, Fuel modification requirements for new construction, to read
as follows:
Section 321 Fuel modification requirements for new construction
321.1 Fuel modification requirements for new construction. All new structures
and facilities adjoining land containing hazardous combustible vegetation shall be
approved and in accordance with the requirements of PSFD Appendix S
"Vegetation Management in Fire Hazard Severity Zones."
35) Amend subsection 501.1, Scope, to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall
comply with this chapter and, where required by the Fire Code Official, with PSFD
Appendix S "Vegetation Management in Fire Hazard Severity Zones."
80) Amend subsection 4906.3, Requirements, to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable
buildings and structure shall be maintained in accordance with the following laws
and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3,
Section 1299 (see guidance for implementation "General Guideline to Create
Defensible Space").
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1,
Section 3.07.
5. PSFD's Appendix S (Vegetation Management in Fire Hazard Severity Zones).
81) Add new Section 4908, Fuel Modification Requirements for New Construction to read
as follows:
SECTION 4908 FUEL MODIFICATION REQUIREMENTS FOR NEW
CONSTRUCTION
Ordinance No. 2111
Page 4
4908.1 Fuel Modification Requirements for New Construction. All new buildings to
be built or installed in a Wildfire Risk Area shall comply with the following:
1. Preliminary fuel modification plans shall be submitted to and approved by the Fire
Code Official prior to or concurrently with the approval of any tentative map.
2. Final fuel modification plans shall be submitted to and approved by the Fire Code
Official prior to the issuance of a grading permit.
3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification
Section of PSFD Appendix S "Vegetation Management in Severity Zones."
1.1 The fuel modification plan shall include provisions for the maintenance of the
fuel modification in perpetuity.
4. The fuel modification plan may be altered if conditions change. Any alterations to
the fuel modification areas shall have prior approval from the Fire Code Official.
5. All elements of the fuel modification plan shall be maintained in accordance with
the approved plan and are subject to the enforcement process outlined in the Fire
Code.
98) Add Appendix "S", Vegetation Management in Very High Fire Hazard Severity Zones.
SECTION 5. Section 8.04.520 (Reserved) is hereby amended in its entirety to read
as follows:
Section 8.04.520 Fire Hazard Severity Zones.
The Local Responsibility Area Fire Hazard Severity Zones map for the City of
Palm Springs dated March 24, 2024, as identified by the State Fire Marshal, is
hereby adopted by the City of Palm Springs and incorporated herein for all
purposes.
SECTION 6. The City Council hereby approves the amended Appendix S —
Vegetation Management Guidelines, attached hereto as Attachment "C" and incorporated
herein by reference, as an official City document for public safety and enforcement in
designated zones.
SECTION 7. The City Clerk shall submit a copy of this Ordinance to the
Department of Housing and Community Development and the State Board of Forestry and
Fire Protection within 30 days of adoption and take any necessary and proper actions to
post all notices required under Government Code Section 51179.
SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional. 0
Ordinance No. 2111
Page 5
SECTION 9. The documents and materials that constitute the record of
proceedings on which these findings are based are located at City Hall for the City of Palm
Springs, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. The City
Clerk is the custodian of the record of proceedings.
SECTION 10. This Ordinance takes effect thirty days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
11 TH DAY OF JUNE 2025.
ATTEST:
X'1;04� 1A z
BREND E, MMC, CERA
CITY CLERK
Ll
R DEHARTE
MAYOR
Ordinance No. 2111
Page 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
SS.
1, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2111 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 28th day of May and adopted at a
regular meeting of the City Council held on the 11 th day of June 2025 by the following vote:
AYES:
Councilmembers Ready,
Mayor deHarte
NOES:
None
ABSENT:
None
ABSTAIN:
None
Garner, Bernstein, Mayor Pro Tem Soto, and
IN WITNESS WHEREOF, I have hereurltp set my hand and affixed the official seal of the
City of Palm Springs, California, this q day of July 2025.
BRENDA PREE, MMC, CERA
CITY CLERK