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Council rejects proposed 30‑foot WUI setback ordinance; asks staff to pursue alternative wildfire protections
Summary
After lengthy debate about enforceability and impacts on existing entitlements, the council voted 5‑0 to deny a proposed ordinance requiring 30‑foot defensible‑space setbacks for new builds in WUI areas. Members agreed to pursue other tools — education, materials standards, perimeter lot sizing and targeted incentives — and to review the state's 2024 WUI code before returning with alternatives.
Long‑range planner Elizabeth Fuchs presented a draft ordinance that would have required 30‑foot defensible setbacks (for primary structures and certain accessory buildings) on lots identified as Wildland Urban Interface boundary lots. Staff framed the proposal as an optional safety measure (not a state mandate) intended to improve structure survivability in wildfire events; Fuchs cited HB 48 and referenced state incentives tied to defensible space.
Council debate focused on practical enforcement, impacts to existing entitlements (e.g., Circle 5), accessory structures under 200 sq ft, homeowner notice, and the potential for unintended consequences (higher housing cost, reduced lot utility). Multiple council members favored alternative approaches: requiring larger perimeter lots in foothill areas, mandatory construction materials or fire‑resistant standards, stronger homeowner notice, and educational/outreach programs. After discussion the council voted unanimously to deny the ordinance as drafted and directed staff to craft alternative measures and education/outreach steps.
