.010 The State Legislature has added Chapter 6.8 (commencing with Government Code Section 51175) to Part I of Division I of Title 5 of the Government Code and has amended Section 13108.5 of the Health and Safety Code (collectively the "statutes") providing for designation of areas in the state as very high fire hazard severity zones and identifying measures to retard the rate of spread and reduce the potential intensity of uncontrolled fires; and
.020 The California Director of Forestry and Fire Protection has recommended certain areas within the City of Anaheim be classified as very high fire hazard severity zones; and
.030 The statutes require the City of Anaheim to act upon these recommended classifications within one hundred twenty days of their receipt; and
.040 In order to comply with the aforementioned statutes, and in order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to adopt an ordinance establishing very high fire hazard severity zones within the City of Anaheim, including areas of the City of Anaheim governed by development agreements heretofore approved by the City pursuant to Section 65864, et seq, of the Government Code ("development agreements").
.050 The Fire Marshal's office of the City of Anaheim notified parties to development agreements of the proposed designation of said very high fire hazard severity zones and, where requested, conferred with parties to said development agreements in a good faith effort to address any questions or problems presented. Of all means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental condition, designation of the zones and establishing those procedures set forth in Sections 16.40.030, 16.40.040 and 16.40.050 are the most reasonable means to protect the health, safety and welfare of the public.
.060 The City Council does hereby further find and determine that failure to adopt the provisions of this chapter and to make said provisions applicable to properties which are subject to existing development agreements would result in a condition injurious or detrimental to the public health and safety and that the provisions of this chapter are reasonably necessary to correct or avoid such injurious or detrimental condition. Consequently, the provisions of this Chapter shall apply to all property located within the very high fire hazard severity zones described in Section 16.40.020 of this chapter notwithstanding that said property may be the subject of a development agreement which became effective prior to the date of adoption of this chapter and which development agreement contains any provision to the contrary.
.070 It is also necessary for the City of Anaheim to designate those individuals from the City of Anaheim who will enforce the provisions of Government Code Sections 51175 through 51188 and Health and Safety Code Sections 13108.5, 13143.2 and 13143.5. (Ord. 5523 § 1 (part); October 3, 1995.)