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HomeMy WebLinkAboutItem 6a - Introduce a Draft Ordinance adopting the CALFIRE Local Responsibility Area Fire Hazard Severity Maps as Required by GC 51178Council Agenda Report FROM: Todd Tuggle, Fire Chief Prepared By: Todd Tuggle, Fire Chief Item 6a Department: Fire Cost Center: 8503 For Agenda of: 6/3/2025 Placement: Public Hearing Estimated Time: 120 minutes SUBJECT: INTRODUCE A DRAFT ORDINANCE ADOPTING THE CALFIRE LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONE MAPS AS REQUIRED BY GOVERNMENT CODE 51178 RECOMMENDATION Adopt an Ordinance entitled "An ordinance of the City of San Luis Obispo, California, designating the Fire Hazard Severity Zones as identified by the State Fire Marshal." (Attachment A) REPORT -IN -BRIEF Government Code 51179 requires local agencies to adopt the State's Fire Hazard Severity Zone maps in order to require certain standards in each of the three hazard severity zones (Very High, High, and Moderate). Each zone has different risk mitigation requirements and procedures, but generally covers building code requirements, defensible space requirements, and real estate transaction disclosures for properties located in the respective zones. The State published the Fire Hazard Severity Zone maps for the area including San Luis Obispo on March 10, 2025 (Attachment B). Government Code 51179 requires a public review and comment period, which began on March 24. During this time, the City published and provided access to the Fire Hazard Severity Zone maps and the opportunity to provide comments through the Open City Hall portal, City social media outlets, and an informational page on the City's Fire Department web page. Comments will be accepted until June 16t", at which time any additional feedback received between the first reading of the Fire Hazard Severity Zone ordinance adoption and the second reading will be communicated via agenda correspondence. City staff also conducted a community workshop on May 22, 2025, where the public was invited to provide comments and staff answered questions. This report presents information about the State published maps and outlines the impact that the adopted maps will have on property owners in the City through requirements Page 245 of 275 Item 6a related to home hardening, defensible space, and real estate disclosures. Consistent with Government Code 51179, the City Council must adopt Fire Hazard Severity Zone Maps by July 8, 2025 (120 days from the State Fire Marshal's publication of the hazard maps on March loth). At this time, staff is recommending that the City Council adopt the map, as provided by the State, without amendments. POLICY CONTEXT Under Government Code 51179, each jurisdiction must adopt by ordinance their respective CALFIRE Local Responsibility Area Fire Hazard Severity Zone maps within 120 days of the publish date by the State Fire Marshal. New maps applicable to San Luis Obispo were published by the State Fire Marshall on March 10, 2025. The recommended action for this agenda item is the first reading of the City's ordinance adopting the state maps and provides an opportunity for the City Council and community to discuss the implications of the hazard maps. A second reading of the ordinance and adoption is proposed to occur on June 17tn Government Code 51179 allows the City to modify the State Fire Marshal's map to add parcels in the moderate, high, and very high severity zones based on substantial evidence that the designations are necessary for effective fire protection within the area, but the City may not remove parcels from a severity zone nor decrease the level of severity zone for any area identified by CALFIRE. Staff are not recommending modifications to the fire zones as identified and designated by CALFIRE. The new designations, compared to the prior map adopted in 2011, increase the number of parcels within the very high severity zone in the City by over a hundred -fold, add over 6,000 additional parcels to high and moderate severity zones, and bring 64% of the city's total parcels within a fire hazard severity zone. The City's Climate Adaption and Safety Element (CASE) of the General Plan (2023) includes the prior Fire Hazard Severity Zone (FHSZ) map and the following related policies and programs: Policy FI-5.1: Reduce Wildfire Risk — The City shall reduce the risk of wildfires in city open spaces and in the wildland urban interface through timely implementation of the City's Community Wildfire Protection Plan and the Vegetation Management Plan (VMP). Program FI-5.15: Wildland-Urban-Interface Defensible Space and Home Hardening Program - Implement a program to assist homeowners, landlords, and business owners in improving the defensible space for structures in or near the very high fire hazard severity zones. The program will serve to connect participants to contractors with experience in developing or improving home hardening improvements (e.g., fire -safe building materials, fire resistant home vent upgrades). The program will seek funding to supplement the costs associated with defensible space improvements, prioritizing low-income participants and elderly or Page 246 of 275 Item 6a disabled residents who would not be able to implement defensible space improvements on their own. The program would be developed and administered in close collaboration with the City's Fire Department and CAL FIRE to ensure appropriate standards for defensible space are implemented as part of the program consistent with AB 3074 ("Fire Prevention: wildfire risk: defensible space: ember -resistant zones"). Program FI-5.19: Fire Protection Plans Related to New Development - Develop standards for new development in the Very High Fire Hazard Severity Zones or Wildland- Urban Interface Zones requiring preparation of project -specific fire protection plans, in addition to complying with all applicable state and local building and fire code regulations. Fire protection plans may include a risk analysis, discussion of fire response capabilities, compliance with fire safety requirements (defensible space, fire protection infrastructure, building ignition resistance, etc.), appropriate mitigation measures and design considerations for any nonconforming fuel modification, maintenance, and education for residents. Policy FI-5.2: City -Wide Fire -Smart Land -Use Planning - The City shall minimize fire risk in land -use planning decisions including updates to zoning, subdivision codes and design criteria to mitigate wildfire hazards and reduce risks to new development. Promote the following risk reduction measures in future land use planning efforts in the city: • New subdivisions shall be prohibited in areas of "Very High" wildland fire hazard severity zone as shown in Figure 11 unless part of conservation or open space acquisition program. Development of existing parcels shall require a development plan to manage fuels, maintain a buffer zone, and provide adequate fire protection to the approval of the Chief Building Official. The development plan must be consistent with Policies required by the City's Conservation and Open Space Element. • Use wildfire risk analysis resources such as the CAL FIRE's Fire and Resource Assessment Program data in updates to future housing site constraints analyses. • Promote the use of clustered development patterns for subdivisions to require less fire suppression resources and that are easier to defend during wildfire events. Policy FI-5.3: City -Wide Fire -Smart New Development - The City shall only approve development when adequate fire suppression services and facilities are available or will be made available concurrent with development, considering the setting, type, intensity, and form of the proposed development. Ensure that new development projects include adequate measures to minimize fire hazards while remaining in compliance with housing laws regarding objective design standards and discretionary review. Page 247 of 275 Item 6a Fire protection plans should address wildland fuel transition zones surrounding the development and include the following components: • Provisions for the maintenance of vegetation within the subdivision to reduce wildfire risk • Requirements for hardening of structures to mitigate fire risk that meets or exceed the California Building Code • Landscaping and defensible space design around a proposed structure that reduces wildfire risk. Policy FI-5.4: Fire -Smart Buildings and High or Very High Fire Hazard Severity Zone - The City shall reduce wildfire risk associated with new development by requiring all new development located within any CAL FIRE designated High or Very High Fire Hazard Severity Zone to: • Meet or exceed the State's Fire Safe Regulations (title 14, CCR, division 1.5, chapter 7, subchapter 2, articles 1-5 commencing with section 1270) and Fire Hazard Reduction Around Buildings and Structures Regulations (title 14, CCR, division 1.5, chapter 7, subchapter 3, article 3 commencing with section 1299.01). • Include designs to minimize pockets or peninsulas or islands of flammable vegetation within a development. • Include additional access roads, where feasible, to ensure adequate access for emergency equipment and civilian evacuation concurrently. More than one evacuation route is required for substantial development (as defined in policy OP- 7.3 Emergency Access and Evacuation) in Very High Fire Hazard Severity Zones. All requirements and any deviations will be at the discretion of the Fire Code Official. • Meet or exceed the California Building Code for Materials and Construction Methods for Exterior Wildfire Exposure (Title 24, part 2, Chapter 7A). • For all remodeled or rebuilt structures, require projects to meet current ignition resistance construction codes included in the State's Fire Safe Regulations. Q 6*9111111*4IIQ ki Background In California, fire protection responsibility is divided between the state and local entities. State Responsibility Areas (SRAs) are lands where the state, through CAL FIRE, is responsible for wildfire prevention and suppression. Local Responsibility Areas (LRAs) are areas where local agencies, like city and county fire departments, are responsible. State Responsibility Areas (SRAs): • CAL FIRE provides fire protection for SRA lands, which are generally wildland areas, including national forests, private forests, and some undeveloped areas. Page 248 of 275 Item 6a • CAL FIRE's responsibility includes preventing and suppressing wildfires, maintaining fire protection infrastructure, and managing fire -related risks on these lands. • SRA designations are reviewed every five years, with annual updates for incorporations, annexations, and ownership changes. Local Responsibility Areas (LRAs): • LRAs encompass incorporated cities, urban areas, agricultural lands, and some desert areas. • Local fire agencies, such as city and county fire departments, are responsible for fire protection and emergency response within their jurisdiction. • In LRAs, local agencies may also have responsibility for fire hazard severity zones and building codes related to wildfire safety. Assembly Bill 337 (Bates 1992), prompted by the devastating fire that occurred in the Oakland and Berkeley Hills in 1991, calls for CALFIRE to evaluate fire hazard severity in the Local Responsibility Area and to make a recommendation for mitigation strategies to the local jurisdiction where Very High Fire Hazard Severity Zones exist (CA Govt. Code 51175 et seq). The process to designate fire hazard severity zones in the City last occurred in 2011 and is directed by state law. Fire Hazard Severity Zones consist of Very High, High, and Moderate designations. Of note, when the current maps were released in 2011 the High and Moderate designations did not apply to the Local Responsibility Area, and only Very High designations were required to be adopted by the City Council. Senate Bill 63 (Stern, 2021) amended Government Code 51178 to add the Moderate and High Fire Hazard Severity Zones in the Local Responsibility Area. Changes to Fire Hazard Severity Zone Maps in the City The CALFIRE recommended Fire Hazard Severity Zone maps have substantially increased the affected parcels in the 2025 Local Responsibility Area maps, including in the City of San Luis Obispo. The factors considered by CALFIRE in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Mitigation measures such as vegetation management, defensible space and home hardening are not considered in CALFIRE's development of the hazard maps. Nor do the CALFIRE maps consider local factors such as structure separation distance, year of construction, construction type, or roadway design and capacity. The previous 2011 CALFIRE Hazard Maps covered a small portion of the City both in acres and in number of parcels within the Very High designation. The 2025 maps, however, added two more zones to the City's responsibility area, the High and Moderate designations. Not only did the Very High zone grow by a factor of 100, but Page 249 of 275 Item 6a the two additional zones were also added, bringing over 60% of parcels in the City into a Fire Hazard Severity Zone. The following table shows the number of parcels and the acreage for each zone within the City under the 2025 maps. Fire Hazard Severity Designation Number of Parcels within City Limit Total Acreage Total % Of City Area Very High 2,845 2520 28.6% High 1,632 905 10.3% Moderate 4,305 2210 25.1 % Non-Wildland 7,943 3175 36.0% Total 16,725 8823 100% The following map shows a comparison between the 2011 Fire Hazard Severity Zone maps for the San Luis Obispo Local Responsibility Area and the 2025 Fire Hazard Severity Zone maps that include all three hazard severity zones and reflect enhanced vegetation fire spread modeling, especially ember cast projections. Page 250 of 275 Item 6a Fire Hazard Severity Zone (FHSZ) Changes within Local Responsibility Areas [LRA] in San Luis Obispo, CA Recommended 201 1 Proposed March 2025 Fire Hazard Severity Zones Description = Very High it High Moderate City Limit :'FHSZ has same description and color scheme [or both LocaJ Responsibility Area [within City Limit] and Stare Responsibility Area (outside city Limitl 201 I Very High FHSZ Facts: Acreage - 756 Parcels Intersected _ 38 2025 Very High FHSZ Facts: Acreage - 2,520 Parcels Intersected - 2,845 Mote - There is not an immediate risk to these properdes. The zones indicate hazard potential, not immediate risk, and do not account For fire prevention efforts, such as adding defensible space. r' Para Collected From Cal Fire Office of the w t State Fire Marshal s on March 10. 2025 Projection: NAQ 83 California Teak Albers 0 0-5 1 2 Miles I i I IIi I[[ S LOGIS May 2025 Page 251 of 275 Item 6a An interactive map that shows the change from the previous Fire Hazard Severity Zone maps to the 2025 maps can be found here: https://www. slocity. org/government/department-directory/fire-department/prepare- slo/fire-hazards. This map is searchable by address so residents can easily identify the zone that applies to their property. A close review of the new map shows that some parcels are bisected by two different zones. For instance, a portion of a parcel may be in a very high hazard severity zone while another portion is in the high hazard severity zone. The ordinance proposed for introduction (Attachment A) includes language to clarify that, for these parcels, the requirements that apply to the more severe zone shall apply to the entire parcel. Application and Impact of the Fire Hazard Severity Zone Requirements With the adoption of the Local Responsibility Area Fire Hazard Severity Zone maps, there are specific requirements that properties located in each of the designated zones must follow. All properties in areas designated as Very High Fire Hazard Severity Zones must, at a minimum, follow the vegetation management rules in Government Code Section 51182. These vegetation management rules are referred to as "Defensible Space" requirements. In addition, any new buildings —or major remodels considered new construction by the Building Official —must meet the ignition -resistant building standards in Chapter 7A of the Building Standards Code. These ignition -resistant building standards are referred to as "Home Hardening," 7A," or "WUI" (Wildland Urban Interface) requirements. Furthermore, new or reconstructed homes in very high fire hazard severity zones have additional certification requirements. New occupied structures, or occupied structures previously damaged by a fire in a very high fire hazard severity zone, must obtain a certification and final inspection report from the local building official confirming that the structure complies with applicable building standards and must provide that documentation, upon request, to the insurance carrier that insures the structure. In areas designated as High Fire Hazard Severity Zones, all new construction, or major remodels classified by the Building Official as new construction, are required to meet home hardening construction requirements included in Chapter 7A of the Building Standards Code. Residential properties within the Very High and High Fire Hazard Severity Zones must conduct a natural hazard real estate disclosure at time of sale per Civil Code 1102.19 and 1102.6f (AB 38, 2019). This is commonly referred to as an "AB 38 Disclosure." There are currently no state -mandated requirements that apply to properties identified in the Moderate Fire Hazard Severity Zones. Page 252 of 275 Item 6a The following Table 1 summarizes the requirements that apply to each severity zone category: Severity Zone Defensible Space Home Hardening Certification of Home Hardening AB 38 Disclosure Very High X X X X High X X Moderate • Defensible Space Spread of wildfire into the built environment occurs through two main mechanisms, direct flame contact of vegetation near a structure and embers landing near a structure starting adjacent vegetation or the structure itself on fire. Em� Radtatrve Heat ao� windows deck Defensible space,' or modification of was the vegetation around a structure, provides a critical buffer to the spread of vegetation fires to structures. Further, homes that are not directly abutting vegetation are at risk of ember cast which can start a vegetation fire adjacent to a structure, creating the start point for structure fires. Once a structure does ignite, the predominate fuel that spreads fire becomes the structures themselves. Once multiple structures are involved, the capacity of firefighters and the hydrant water infrastructure to contain fire spread are exceeded. With multiple burning structures turning into entire neighborhoods burning, urban conflagration occurs. Slowing the spread of vegetation fires into the built environment buys firefighters time to extinguish the fires before structure -to -structure fire spread can take hold and urban conflagration occur. Government Code 51182 requires property owners within very high fire hazard severity zones to maintain defensible space at all times consistent with the following: 1 Government Code 51172 defines "defensible space" as "the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas." Page 253 of 275 Item 6a 1. 100 foot zone - Defensible space must be maintained within 100 feet from each side and from the front and rear of the structure to the property line. a. A greater distance may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. A local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. i. The proposed ordinance provided in Attachment A does not recommend extending defensible space requirements beyond the property line nor beyond 100 feet at this time. b. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember -resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember -resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember -resistant zone requirements. i. On February 6, 2025, the Governor issued Executive Order N-18-25 that includes an order to the Board of Forestry and Fire Protection to create regulations for an ember -resistant zone within 0 to 5 feet of a home ("Zone 0 regulations") and to complete the formal rulemaking process no later than December 31, 2025. Draft regulations have been posted to the Board of Forestry and Fire Protection's website and have begun the rule -making process. ii. Property owners will have up to three years to comply with the ember -resistant zone regulations (Zone 0 regulations) following adoption by the Board of Forestry and Fire Protection. iii. The Board of Forestry and Fire Protection website provides the following depiction of the different fuel reduction measures for illustration purposes: Page 254 of 275 Item 6a -1 _; �sl sy r SL .6 - J iv. Other LRAs have established jurisdiction -specific regulations defining the level of defensible space required in the 0-5, 5-30, and 30-100 foot zones around a structure to assist property owners and enforcement agencies in the administration of the requirements of Government Code 51182. The City has not yet developed its own set of regulations, but staff are evaluating available models and will present options for consideration by Council at a future study session, as discussed in more detail below. c. An insurance company that insures an occupied dwelling or occupied structure may require a greater defensible space distance than 100 feet if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation. i. The proposed ordinance provided in Attachment A does not include findings or recommendations to require defensible space greater than 100 feet pursuant to this subsection of Government Code 51182. 2. Defensible space definitions - Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This includes consideration of the following: a. The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. b. Defensible space requirements do not apply to single specimens of trees or other vegetation that are well -pruned and maintained so as to effectively Page 255 of 275 Item 6a manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. c. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. d. The property owner must remove any portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe. e. The property owner must maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood. f. The property owner must maintain the roof of a structure free of leaves, needles, or other vegetative materials. Government Code 51189 also directs the Office of the State Fire Marshal to develop a model defensible space program for use by local jurisdictions in the enforcement of the defensible space provisions of Section 51182. The Office of State Fire Marshal has published some information regarding defensible space on its website, including a model defensible space inspection guide. The Department of Forestry and Fire Prevention has also published a set of guidelines for the creation of defensible space, which are focused on fuel reduction in the area of 30-100 feet from structures and buildings. Additionally, the Fire Code (Chapter 49 of the 2022 California Fire Code, Title 24, Part 9) contains requirements for new plantings to meet defensible space standards for properties within very high fire hazard severity zones. These requirements are typically applied when new construction occurs that trigger Chapter 7A standards. The City does not currently have an adopted defensible space ordinance delineating locally applicable definitions and requirements that build upon the state statutes and regulations mentioned above. However, staff are currently evaluating these otherwise applicable standards and researching other model programs and will develop a set of recommendations for discussion at a future study session with the City Council. The goal of this future study session will be to, first, recommend definitions and standards for defensible space in the 0-5, 5-30, and 30-100 foot spaces around a structure or building that take into account current state regulations, including the Zone 0 regulations that are currently underway, and that also incorporate plant lists that are appropriate for the San Luis Obispo climate and ecosystem. Second, staff will propose options for an inspection and enforcement program that will assist in implementation of the defensible space requirements. It is anticipated that this study session will occur by the end of 2025, depending on the status of the Zone 0 regulations. A defensible space ordinance will then be completed and presented for consideration by the end of the next fiscal year. Page 256 of 275 Item 6a • Home Hardening All new construction within the Very High and High Hazard Severity Zones will require Chapter 7A Building Code compliant construction. Additionally, any remodels exceeding 50% of the existing structure's value will require an upgrade to Chapter 7A compliance. Government Code 51182 also requires homes within Very High Fire Hazard Severity Zones that were damaged by wildfire to meet Chapter 7A requirements, and certification requirements apply to all new homes in very high zones as described above. Structural hardening according to Chapter 7A provides an additional layer of defense that buys time for the responders to extinguish wildland fires. If a fire can spread through managed fuels and progress through defensible space, home hardening is another layer of protection. Chapter 7A of the California Building Code focuses on fire resistant materials and methods of construction. Building a new home to meet Chapter 7A standards in the City of SLO does not appear to dramatically increase construction costs compared to a standard home. Estimates indicate that a code -compliant wildfire -resistant home can be built for about the same cost as a typical home. This is because some upgrades (like fiber -cement siding) may reduce costs, offsetting the added expense of other features. Overall, the cost premium for Chapter 7A compliance in new construction ranges between 0-5%. The table below, from Headwater Economics, itemizes the estimated cost impact for each required feature, assuming a baseline new home built with conventional materials (as might be used outside fire zones): Table 2: Estimated Added Cost for Building Code Chapter 7A Features — New 2,500 sq. foot home Feature Baseline (Non- 7A) Standard Chapter 7A Requirement Estimated Added Cost (New Construction) Class A Roof Class C/B roof (e.g. Class A fire -rated roof +$5,860 (+27% vs. a Assembly wood shakes) or (e.g. composition typical roof). Covers basic asphalt shingles) plus upgraded vents, shingles enclosed eaves, soffits fireproof soffits, metal & gutter guards. drip edges, etc. Tempered Glass Dual -pane windows Dual -pane windows +$1,000—$2,000 Windows (tempered only where with at least one (approx. $7 extra building code tempered glass pane per sq ft of glass) for requires, each (often both a whole -house e.g. near doors) panes) window package (e.g. —15 windows). Page 257 of 275 Item 6a Estimated Baseline (Non- Chapter 7A Added Cost Feature 7A) Requirement (New Standard Construction) Ember -Resistant Standard Wildfire -rated ember- +$500 (assuming --10- Vents attic/foundation and flame -resistant 20 vents at -$50 each vents (1/4-inch vents (:51/8-inch mesh vs. --$10 each mesh) or intumescent) standard) Covered Gutters Standard Metal gutters with non- +$800 (for --120 If aluminum gutters combustible mesh of gutter; gutter (open, no covers) covers ("gutter guards") guard to prevent debris --$4-$12 per If in buildup Berkeley. Minimal if gutters are already metal. Non -Combustible Wood or vinyl Fiber -cement siding or -$0 (cost -neutral on Siding siding stucco (non- average). Using fiber - (combustible) combustible Class A) cement lap siding can save up to -$12,190 compared to cedar wood siding, offsetting other costs. Underfloor Protection Open crawl space or 5/8" Type X gypsum +$2,500 (if needed). exposed eaves/floor sheathing or other Approx. $1.24 per sq ft appendages protection under of area to cover exposed (Homes on slab or with floors/eaves enclosed crawlspace incur $0 extra cost.) Fire -Resistant Wood deck (e.g. Deck boards of non- +$1,850 (-19% Decking redwood or combustible or ignition- premium) for a typical cedar) resistant material deck (e.g. 300-400 sq (composite, trex, etc.) ft). Composite decking and metal flashing at costs -$2-$5 more wall interface per sq ft than wood. Total Premium: Approximately $0—$40,000 added, depending on baseline choices. In many cases the net premium is under 2% of construction cost and can be near zero. For example, a 2,500 sq. ft. wildfire -resistant home studied by Headwaters Economics2 actually cost 2% less than the same home with typical materials, because the cheaper fiber -cement siding outweighed the added expense of vents, soffits, and other upgrades. Comparatively, a 2020 report for the National Association of Home Builders estimates an overall increase in cost of $1800-$38,000 in total cost for a two-story house3. In any 2 Headwater Economics, (November 2018), Building a Wildfire -Resistant Home: Codes and Costs, https:Hheadwaterseconomics.org/wildfire/homes-risk/building-costs- codes/#:-:text=Wildfire, neighbori ng%20home%20spacing%2C%20not%20alI 3 Home Innovation Research Labs. Cost Impact of Building a House in Compliance with IWUIC. Report No. CR1328-2-12-302020. For the National Association of Home Builders, December 2020. Page 258 of 275 Item 6a event, research indicates that the added Chapter 7A features may add a few dollars per square foot of cost to the construction of new homes. Since 2012, San Luis Obispo Municipal Code 15.04.090.NN has declared the entire City a "Community at Risk", making certain portions of Chapter 7A applicable to all new construction in the City. Construction modifications such as ignition resistant exterior wall coverings, ember resistant vent systems for attics and under floor areas, protected eaves, and Class `A' roof coverings resist the impacts of embers and the radiant heat of direct flame contact for much longer than traditional construction means. There are numerous examples of homes surviving wildfires because of home hardening, defensible space and vegetation management practices of the community and the property owners. This is important to note, as construction that has taken place since 2012 has already incorporated some home hardening components that will be required per 7A requirements. • AB 38 Disclosure Enacted in 2019, AB 38 requires sellers of residential properties after January 1, 2021, that are within very high or high fire hazard severity zones and that were built before January 1, 2010 (before Chapter 7A was developed), to provide certain disclosures upon sale, as codified in Civil Code 1102.6f. Those disclosures include: (1) A statement as follows: "This home is located in a high or very high fire hazard severity zone and this home was built before the implementation of the Wildfire Urban Interface building codes which help to fire harden a home. To better protect your home from wildfire, you might need to consider improvements. Information on fire hardening, including current building standards and information on minimum annual vegetation management standards to protect homes from wildfires, can be obtained on the internet website http://www.readyforwildfire.org." (2) On or after July 1, 2025, a list of low-cost retrofits developed and listed pursuant to Section 51189 of the Government Code. The notice shall disclose which listed retrofits, if any, have been completed during the time that the seller has owned the property. (3) A list of the following features that may make the home vulnerable to wildfire and flying embers. The notice shall disclose which of the listed features, if any, that exist on the home of which the seller is aware: (A) Eave, soffit, and roof ventilation where the vents have openings in excess of one -eighth of an inch or are not flame and ember resistant. (B) Roof coverings made of untreated wood shingles or shakes. (C) Combustible landscaping or other materials within five feet of the home and under the footprint of any attached deck. (D) Single pane or nontempered glass windows. (E) Loose or missing bird stopping or roof flashing. (F) Rain gutters without metal or noncombustible gutter covers. Page 259 of 275 Item 6a AB 38 also provides that, if, pursuant to Government Code 51182, a seller has obtained a final inspection report showing home hardening compliance, the seller shall provide to the buyer a copy of that report or information on where a copy of the report may be obtained. Additionally, AB 38 adds Section 1102.19 to the Civil Code to require documentation of compliance with defensible space requirements for properties in very high or high fire hazard severity zones that are within the State Responsibility Area or that are subject to local vegetation management ordinances. The City does not currently have an adopted local vegetation management ordinance that would trigger the additional disclosure requirement of Civil Code 1102.19. Impact of Adopted Maps on Development Potential In addition to the impact that the newly adopted maps will have on existing properties, City staff are also working to understand the impact that the maps may have on development potential in the community, particularly as it relates to housing development. For example, several State laws passed in recent years provide "by - right," or non -discretionary approvals for subdivisions of properties and/or the addition of units and ADUs. These new laws limit local discretion over land use decisions, and further study is likely necessary in order to determine how the designation of new areas in the adopted Fire maps will impact the applicability of these laws. At this time, staff has clarity on the following aspects: Impact on Minor Urban Lot Splits & Two Unit Developments (SB 9) Minor Urban Lot Splits (a.k.a., SB 9 Lot Split) allow a property owner to subdivide their single-family zoned property into two new lots of relatively equal size. Each resulting lot is allowed to have two residential dwelling units for a maximum of four dwelling units on the property originally subdivided. The provisions of SB 9 and subsequent related legislation also allow for "Two Unit Developments," where a property owner can develop two primary residences on their single-family zoned property and up to two ADUs or an ADU and a JADU where permitted. Lots with a "Two Unit Development" under these provisions are prohibited from conducting a Minor Urban Lot Split ("ULS".) Per Chapter 16.15 of the City's Subdivision Regulations and California Government Code Section 66411.7, Minor Urban Lot Splits are not permitted for properties that fall within the Very High Hazard Severity Zone. California Government Code Section 65852.21 similarly prohibits (by reference to Government Code Section 65913.4(a)(6)) "Two Unit Development" projects that fall within the Very High Fire Hazard Severity Zone. • Minor ULS and "Two Unit Development" projects are not subject to this provision if located on a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the Page 260 of 275 Item 6a development, including, but not limited to, standards established under the following or their successor provisions: o Section 4291 of the Public Resources Code or Section 51182 (as applicable) o Section 4290 of the Public Resources Code o Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations). In other words, a Minor Urban Lot Split or a Two Unit Development may be allowed, pursuant to State law, in a Very High Fire Hazard Severity Zone if the project has been developed consistent with the defensible space and home hardening requirements described above. Staff are continuing to evaluate the extent to which the City's General Plan policies, specifically CASE Policy FI-5.2 which prohibits new subdivisions in very high fire hazard severity zones, might continue to prohibit Minor Urban Lot Splits for properties in very high fire hazard severity zones. Additional clarification will be provided when the study session is held later this year to future define the City's defensible space program. Impact on Major Urban Lot Splits & Associated Housing Development (SB 684) Major Urban Lot Splits allow a property owner to subdivide a multifamily zoned property to create up to ten new lots, each being at least 600 square feet in size and required to have at least one dwelling unit up to a maximum of ten dwelling units on the property originally subdivided. This kind of subdivision can also be conducted on a single-family zoned property, but it must be vacant, less than 1.5 acres in size, and have a minimum lot size of 1,200 square feet. Per Chapter 16.15 of the City's Subdivision Regulations and California Government Code Section 66499.41, Major Urban Lot Splits and their associated housing development projects are not permitted for properties that fall within the High or Very High Hazard Severity Zones. Impact on Accessory Dwelling Units (ADU) and JuniorAccessory Dwelling Units (JADU) Article 2, inclusive of Sections 66314 through 66332, of Chapter 13, Division 1, Title 7 of the California Government Code, does not include specific language that prohibits ADUs and JADUs based on the fire severity zone that a property falls under. However, per California Government Code Section 66314, a local agency may, by ordinance, designate areas within its jurisdiction where ADUs and JADUs are allowed. This designation may be based on the adequacy of water and sewer services and the impact of ADUs and JADUs on traffic flow and public safety. Therefore, the City may determine that residential areas that fall under the Very High Fire Hazard Severity Zone could constitute a traffic flow and/or public safety concern during an emergency scenario if density were increased through the development of ADUs and/or JADUs. Currently, the City permits ADUs in the AG, C/OS, C-N, C-C, C-R, C-D, C-T, C-S, M, R-1, R-2, R-3, Page 261 of 275 Item 6a R-4, and O (Office) zones on lots with an existing or proposed residential structure, unless otherwise stated in the City's Municipal Code or state law. JADUs are permitted on properties where the existing or proposed use is single-family residential. The City's Municipal Code does not limit the development of ADUs or JADUs based on the applicable fire hazard severity zone, nor does the ordinance provided in Attachment A propose to change this at this time. Regarding the review of ADU and JADU applications, these projects, if allowed within the Very High Fire Hazard Severity Zone, will be subject to additional requirements. This includes additional Defensible Space, WUI, and water standards, as well as a requirement to provide a vegetation management plan pursuant to Chapter 49 of the Fire Code. The future study session will provide an opportunity to further explore whether the City should prohibit ADUs or JADUs in very high or high fire hazard severity zones. Financial Considerations The financial implications of disasters throughout the United States have initiated much stricter inquiries in municipal debt offerings. Most recently, Los Angeles saw its municipal bond rating drop, creating cost implications for recovery efforts. As rating agencies evaluate the impacts of post disaster abilities to repay bond obligations, rating agencies are looking at future bond recipients with increased scrutiny for their ability to protect the economic capacity of a community from disaster. Rating agencies are already evaluating municipal preparedness and mitigation actions as a proxy for resiliency from disaster4. The financial impacts of fire insurance have also hit local residents, property owners and business owners. Increasingly, fire insurance has impacted the affordability of home purchases. The number of homeowners forced to take on the California Fair Access to Insurance Requirements FAIR plan (insurer of last resort) statewide has grown from just over 200,000 to over 450,000 since 20205. Total property liability exposure for the FAIR plan in the two largest zip codes for the City of SLO, 93401 and 93405, has gone from $51,412,816 and $26,642,407 to $273,150,938 and $193,181,824 respectively between 2020 and 20246. Resilient communities with strong risk mitigation strategies are essential to lowering the risk for property owners and insurance companies alike. The Safer from Wildfires Initiative through the California Department of Insurance requires Insurance carriers in 4 https://www.poIitico.com/newsletters/caIifornia-climate/2025/02/25/the-monster-at-the-end-of-this-fire- 00206132#:-:text=MONEY%20PROBLEMS%3A%20The%20Los%20Angeles,of%20a11%201oca1%20Cali fornia%20governments 5 https://www.cfpnet.com/key-statistics-data/ 6 California FAIR Plan Property Insurance, Key statistics and Data. Page 262 of 275 Item 6a California to consider defensible space and home hardening measures for insurance discounts'. The California FAIR has also published discount offerings, including 5% for defensible space measures and 10% for home hardening measures$. Additionally, Discounts are available from Community level efforts such as FIREWISE community Certifications and the Fire Risk Reduction Community Designation which the City of San Luis Obispo obtained in 2024. Community Resilience Strategy A comprehensive strategy to exclude fire from structures in the City is crucial to a resilient economy and sustainable community. The actions embedded in the Fire Hazard Severity Zone maps and accompanying legislation provide a road map to resiliency through multiple phases, as outlined in a recent paper from a wildfire planning team entitled "City Scale Wildfire Loss and Relative Fire Speed: A Framework for Meaningful Community -Scale Risk Reduction.9" The foundational principle of the paper is to exclude a vegetation fire from entering the community by slowing the progress of a fire from the vegetation to the built environment. Increasing the amount of time it takes a fire to enter and ignite the built environment gives firefighters a chance to protect structures in the community. Time allows more resources, in the form of more engines, airplanes, helicopters, dozers and handcrews to get to the incident and extinguish a fire before it transitions to an urban conflagration. Vegetation Management, Defensible Space, Home Hardening, proficient emergency response and community preparedness comprise a multiprong strategy to improve resilience in the community and be prepared for the eventuality that wildfire will again impact the City. Vegetation Management — Vegetation Management is crucial to slowing the spread of wildfire thorough the trees, brush and grasses, buying time for firefighters to extinguish a fire before it ever reaches the City. The City of San Luis Obispo owns and manages over 4,000 acres of open space lands within the San Luis Obispo Greenbelt. The Irish Hills Natural Reserve, Cerro San Luis Natural Reserve, and Bowden Ranch Open Space are key properties that form portions of the wildland-urban interface in areas mapped in the Very High Fire Hazard Severity Zone. https://www.insurance.ca.gov/01-consumers/200-wrr/Safer-from-Wildfires.cfm 8 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaa/https://www.cfpnet.com/wp- content/uploads/2025/05/FAIR-Plan-Discounts-One-Pager.pdf 9 Farley, Scott, and Dave Winnacker. City Scale Wildfire Loss and Relative Fire Speed: A Framework for Meaningful Community -Scale Risk Reduction. XyloPlan, 2025. Page 263 of 275 Item 6a Government Code 51184 provides that Section 51182 (defensible space requirements in very high fire hazard severity zones) does not apply to land or water areas acquired or managed for one or more of the following purposes or uses specified in subsection (a): (1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government. (2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities. (3) Open space lands that are environmentally sensitive parklands. (4) Other lands having scenic values, as declared by the local agency, or by state or federal law. Staff are conducting a detailed analysis of all of the City's open space areas within the Very High Fire Hazard Severity Zone to determine whether they fall under the definitions stated above. This will further dictate the appropriate level of vegetation management to ensure compliance with the new fire hazard maps and other regulations. Section 51184 further provides that, in the event that improved land next to these areas are subject to Section 51182, "the obligation to comply with Section 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands" and that "[a]II maintenance activities and other fire prevention measures required by Section 51182 shall be required only for the improved lands, not the land and water areas described in" Section 51184(a). In other words, the statutes provide that open space lands meeting the definitions in Section 51184(a) are not required to comply with defensible space requirements. Owners of improved lands adjacent to the open space, however, are required to maintain defensible space on their properties. As discussed above, the proposed ordinance provided in Attachment A does not propose to extend defensible space or maintenance requirements beyond a property line. Therefore, a property owner in the City will not be required under Section 51184 to conduct maintenance on City open space properties that are adjacent to their properties at this time. The City currently employs a suite of management approaches to complete vegetation treatment in City open space, including cultural, mechanical, or chemical methods. Examples of cultural methods include livestock grazing such cattle pasturing and the targeted use of goats and sheep, as well as the recent successful partnership with yak tityu tityu yak tikhini, Northern Chumash Tribe of San Luis Obispo County and Region and Cal Fire to complete both spring and fall cultural burns at Johnson Ranch Open Space; as these experiences and partnerships continue to build, the potential use and feasibility of safe and controlled cultural fires and prescribed fires in City open space closer to the urban environment will increase. Examples of mechanical methods include weed whipping of grasses, shaded fuel breaks using chainsaws and chippers, and mastication using heavier equipment. Chemical methods are oftentimes the only viable means of treating invasive species that are fire prone such as French broom (Genista Page 264 of 275 Item 6a monspessulana) and pampas grass (Cortaderia jubata), as well as distaff thistle (Carthamus lanatus) and yellow star thistle (Centaurea solstitialis) that have the capability of converting a grassland pasture to the extent that grazing is no longer a viable treatment method because the thistles are unpalatable to livestock; in all cases, chemical treatment methods are undertaken using Integrated Pest Management (IPM) protocols promulgated by the University of California Cooperative Extension. The City was recently awarded grant funding from the State Coastal Conservancy that will support a comprehensive update of the City's Vegetation Management Plan (VMP). The VMP will identify treatment practices such as grazing, invasive species removal, shaded fuel breaks, and the use of cultural fire and prescribed fire, while also identifying important natural resource values and sensitive status plant and wildlife species. Staff will take a "planning and doing" approach, meaning that vegetation management will continue to be implemented while this planning effort is underway. It is anticipated that the VMP will also serve as a basis for additional, future grant applications for implementation funding. Emergency Response — SLO City Fire is comprised of four stations, staffed with 14 firefighters a day, including a Chief Officer. SLO PD is staffed with 12-15 officers and 2-3 Sergeants on duty in a 24-hour period in addition to specialty assignments such as detectives and traffic patrol. The strategy of SLO City Fire is to get to a wildfire quickly and extinguish it before it rapidly overwhelms local resources. To augment staffing and equipment, SLO City Fire has a robust mutual aid plan with SLO County Fire, CalFire and SLO County Sheriff to augment the response to a wildfire either in, or near San Luis Obispo. As of 2025, SLO City Fire and Cal Fire have a Mutual Threat Zone agreement whereby any vegetation fire within a half mile buffer of the city boundary will elicit a wildland response from State resources, which includes helicopters, tankers, wildland engines, dozer, hand crews and additional law enforcement staffing. Additional resources take time to arrive though, reinforcing the importance of slowing the progress of a wildland fire into the built environment before resources become overwhelmed by an urban conflagration. Community Preparedness - The last piece of San Luis Obispo's strategy to create resilience is Community Preparedness. This includes coordinated efforts to ensure residents know how to respond to emergencies and support one another, especially those who may need extra assistance. Preparedness begins at the individual level through programs like "Ready, Set, Go", CERT, LISTOS, and "Know Your Zone" (a SLO County led effort to know your Evacuation Zones10). Each of these programs are designed to educate and develop community awareness about what to do when disaster occurs. Communication tools connect first 10 https://www.prepareslo.org/en/evacuation-zones.aspx Page 265 of 275 Item 6a responders and the community, ensuring fast, reliable information during emergencies. Alert SLO, Reverse 911, Wireless Emergency Alerts, social media, and door-to-door notifications provide critical information quickly. History shows rapid evacuations save lives and one of the highest priorities during a disaster is fast and accurate communication. Community resilience depends on strong neighborhood connections, between neighbors and especially with those most in need, beginning long before the emergency occurs. This involves knowing neighbors and engaging in important conversations to ensure that everyone has a plan to evacuate. Events like community chipping days, volunteer days, community forums, FireWisell Communities and community -based planning create the space to develop local resilience efforts. NEXT STEPS The ordinance provided in Attachment A is proposed for introduction at this public hearing and, if introduced, will be brought back for a second reading on June 17, 2025. The ordinance would then take effect within 30 days. Within 30 days of adoption, staff will transmit the ordinance to the State Board of Forestry and Fire Protection as required by Government Code 51179. Staff will monitor the ongoing development of applicable state regulations governing defensible space and home hardening requirements and will incorporate this information into a study session to be held by the end of 2025 that will describe potential defensible space and vegetation management programs. The outcomes of the study session will be incorporated into a defensible space ordinance that will be presented for consideration by the end of the next fiscal year. Additionally, the State Building Code, Fire Code and forthcoming WUI codes will be published in July. Staff from Fire and Building and Safety will be reviewing the new codes and recommending local amendments. The local amendments will also provide an opportunity to hear input from the community and for Council to provide direction on specific items to be incorporated into the local amendments. The City's Climate Adaption and Safety Element (CASE) of the General Plan (2023) includes the prior Fire Hazard Severity Zone (FHSZ) map. Staff will prepare an update to the CASE to include the new FHSZ map and anticipate working to complete that task at the same time that other local FHSZ implementing ordinances are adopted during the 2025-26 fiscal year. The existing policies and programs related to fire hazard in the CASE remain appropriate, though staff will review for any text updates that are needed to remain contemporary with applicable statutes and best practices. 11 https://readyforwildfire.org/prepare-for-wildfire/firewise-communities/ Page 266 of 275 Item 6a Previous Council Action Resolution No. 10337 (2012) series — 1. 2. 3. Proposed General Plan amendment Proposed amendments to the Safety Element Policies and Maps Negative Declaration to potential significant environmental impacts Ordinance No. 1575 (2012 series) — 1. Application of certain building code sections to structures not within the Very High Hazard Severity Zones. Public Engagement An Open City Hall topic was posted on March 24, 2025, to receive public comments on the draft fire hazard severity maps. Feedback generally covered the following areas: • Several respondents made arguments that the zones were inaccurate, incorrect or otherwise did not adequately represent the City and the local hazards from the vegetative fuels. Although requests were made to contract the zones, that is not an option available to the Council per Government Code 51179. • Insurance is a common concern among respondents. CalFire and the California Department of Insurance have clarified the FHSZ maps are intended to drive local planning decisions, not insurance decisions. The reason is that insurance premiums take into account risk which factors in mitigation measures (vegetation management, defensible space and home hardening) that the Hazard maps do not consider. • A consistent theme arose regarding how people are going to afford to do the work demanded by the regulations within the zones, specifically defensible space and home hardening. • Several comments asked about information campaigns to get the word out about the requirements of the hazard maps and how they are going to know what is expected. • There is some concern about parcels that are split between multiple zones. Through discussion internally and advisement from outside legal advisors, the Fire Code requires the most restrictive regulations in instances where two relevant sections of code are in conflict. If a parcel is split between multiple zones, the requirements of the higher severity zone will be applied to the entire parcel and codified in the forthcoming defensible space ordinance. The Open City Hall topic will remain open until June 16t" and any additional comments received will be distributed to the Council via agenda correspondence in advance of the second reading of the ordinance at the June 17t" Council meeting. Page 267 of 275 Item 6a City Staff leveraged multiple sources to share the message about the Hazard Maps and their impact on constituents. Social media such as Facebook and Instagram shared updates to the programs. The City's website, including the Fire Department landing page provides a host of information about the impacts of the maps, as well as a map showing the zone lines with parcel maps embedded in it''-. A community forum was held on May 22nd to actively engage with the public and listen to the needs of the community. Public engagement will not end with adoption of the proposed fire hazard map. As the Building Code, Fire Code, and WUI Codes are released and the defensible space program study session is held, several additional opportunities will be provided for the consideration of public comment. Once programs are established, community outreach will follow the City's Public Engagement and Noticing Manual and information will be shared with the public through mailed notices to impacted addresses, community meetings, social media linking to a web page on the City's website, FAQs, etc. CONCURRENCE The Community Development Department, Administration and IT, and City Attorney's Office concur with this report and have been active in its development. ENVIRONMENTAL REVIEW The recommended action is exempt from environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15308 (actions by regulatory agencies for protection of the environment) because it is a regulatory action mandated by state law to identify and mitigate wildfire hazards, thereby protecting the environment and public safety. Adoption of the maps does not authorize physical development. Additionally, designation of Fire Hazard Severity Zones as identified and recommended by the State Fire Marshal is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268, as a ministerial action, required by Government Code section 51179(a). FISCAL IMPACT Budgeted: No Funding Identified: No Fiscal Analysis: Budget Year: 2025-27 12 https://www.slocity.org/government/department-directory/fire-department/prepare-slo/fire-hazards Page 268 of 275 Item 6a Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $ $ $0 State Federal Fees Other: Total $0 $ $ $0 The study session to be held by the end of 2025 that will describe potential defensible space and vegetation management programs will also contemplate the development of cost recovery strategies, such as fees for inspections, and other funding options for homeowners and the City. Staff will continue to evaluate vegetation management requirements from the FHSZ maps in City open spaces. City staff have secured and are actively applying to external grant programs to assist this effort. Staff are aware that there will be additional fiscal and work program effects that are still materializing. As steps in the Fire Hazard Severity Zone implementation are completed, such as map and code adoption, Council will remain apprised of the pending fiscal impacts and programmatic needs as they are developed. ALTERNATIVES 1. Council may expand the maps proposed by the Office of the State Fire Marshal. Local Governments, per Government Code 51179(b)(3) may expand the coverage of the zones. Should the Council pursue expansion of the maps, additional staff time will be required to develop substantial evidence that justifies the decision to expand the zones. Expanding the proposed zones would require reintroduction of the expanded hazard maps at a subsequent public hearing, which would likely prevent the City from adopting the maps by the statutory deadline of July 8, 2025. ATTACHMENTS A - Draft Ordinance adopting Designating the Fire Hazard Severity Zones as Identified by the State Fire Marshal. B — Local Responsibility Area map of Fire Hazard Severity Zones for the City of San Luis Obispo. Page 269 of 275 Page 270 of 275 ORDINANCE NO. (2025 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DESIGNATING THE FIRE HAZARD SEVERITY ZONES AS IDENTIFIED BY THE STATE FIRE MARSHAL WHEREAS, under California Government Code Section 51178, the State Fire Marshal is required to classify lands within the state into Fire Hazard Severity Zones (FHSZ) and provide these classifications to local agencies; and WHEREAS, on March 10, 2025, the State Fire Marshal released updated FHSZ maps designating areas within the City of San Luis Obispo as Moderate, High, or Very High Fire Hazard Severity Zones; and WHEREAS, Government Code Section 51178.5, within 30 days after the State Fire Marshal's transmittal of the FHSZ identifications, a local agency must make the information available for public review and comment; and WHEREAS, on March 26, 2025, the City published the FHSZ maps (Exhibit 1) and information on the City's website and invited public comment via Open City Hall, ensuring community engagement in the adoption process; and WHEREAS, State Government Code Section 51179 mandates that a local agency designate, by ordinance, fire hazard severity zones in its jurisdiction within 120 days of receipt of FHSZ recommendations from the State Fire Marshal; and WHEREAS, the City of San Luis Obispo recognizes the importance of adopting these designations to enhance public safety, inform land use planning, and implement appropriate building standards to mitigate wildfire risks; and WHEREAS, these FHSZ designations will require compliance with specific building codes, defensible space regulations, and real estate disclosure requirements as stipulated by state law; and WHEREAS, the FHSZ maps published by the State Fire Marshal on March 10, 2025, identify some parcels as subject to more than one fire hazard severity zone designation, which may create confusion for property owners as to which requirements or standards apply; and to help minimize confusion, the City ordinance adopting the FHSZ map will clarify that the more severe zone designation requirements will apply to the entirety of any such parcel; WHEREAS, the City Council finds that adopting the updated FHSZ designations as recommended by the State Fire Marshal is in the best interest of the health, safety, and welfare of the residents of San Luis Obispo. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Page 271 of 275 Ordinance No. (2025 Series) Page 2 SECTION 1. Findings. The above recitals are incorporated herein as the Findings of the City Council. SECTION 2: Action. 1. The City of San Luis Obispo hereby designates the Fire Hazard Severity Zones as identified and recommended by the State Fire Marshal pursuant to Government Code Section 51178 on March 10, 2025. 2. The official FHSZ map for the City of San Luis Obispo, as provided by the State Fire Marshal, is attached as Exhibit 1 and incorporated herein by reference and entitled "City of San Luis Obispo Fire Hazard Severity Zones." 3. For any parcel that is identified in the official map as being subject to two different fire hazard severity zones, the requirements of the more severe zone shall apply to the entire the parcel. 4. The City Manager, or their designee, is directed to submit this ordinance and all required documentation to the State Board of Forestry and Fire Protection within 30 days of adoption, as mandated by California State Government Code Section 51179. SECTION 3. Environmental Review. The designation of Fire Hazard Severity Zones as identified and recommended by the State Fire Marshal is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268, as a ministerial action, required by Government Code section 51179(a). Additionally, designation of the zones is exempt under CEQA Guidelines section 15308 (actions by regulatory agencies for protection of the environment) because it is a regulatory action mandated by state law to identify and mitigate wildfire hazards, thereby protecting the environment and public safety. Page 272 of 275 Ordinance No. (2025 Series) Page 3 SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 3rd day of June, 2025, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 17th day of June, 2025, on the following vote: AYES: NOES: ABSENT: Mayor Erica A. Stewart ATTEST: Teresa Purrington City Clerk /_1»:3o1•LI21D7_V 2r01Is] VLVA5 J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington City Clerk Page 273 of 275 Page 274 of 275 UNINCORPORATED SAN LUIS _ OBISPO CO. -r------------� �r � r r r r r r r r r Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal = Very High High Moderate Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024 . Very High High Moderate Mi 0 1 2 Km 0 1 2 3 Projection: NAD 83 California Teale Albers Scale: 1:41,000 at 11' x 17" Incorporated City ® Waterbody Unzoned LRA Federal Responsibility Area(FRA) Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread. Updated Fire Hazard Severity Zones Presentation to SLO City Council on the Implementation of the Fire Hazard Severity Zone Maps Council Action Staff recommendation is to adopt the Fire Hazard Severity Zone Maps as published by the Office of the State Fire Marshal on March 10, 2025 Council has discretion to expand the zones, but not reduce them If Council direction is to expand the hazard zones, there will need to be additional work to provide substantial evidence of findings, which will push adoption date past the State imposed deadline of July 8th California State Policy Context Assembly Bill 337 (Bates, 1992), prompted by the devastating fire that occurred in the Oakland and Berkeley Hills in 1991, calls for CALFIRE to evaluate fire hazard severity in the Local Responsibility Area (LRA) and to make a recommendation to the local jurisdiction where Very High Fire Hazard Severity Zones exist (CA Government Code 51175 et seq) The Local Responsibility Area includes incorporated cities,urban regions, agriculture lands,and portions of the desert where the local government is responsible for wildfire protection (California Public Resources Code 4125) Senate Bill 63 (Stern, 2021) amended CA Government Code 51178 to add the Moderate and High Fire Hazard Severity Zones in the Local Responsibility Area CA Government Code 51179 requires local agencies to adopt the State’s FHSZ 120 days from the publication date of March 10th Climate Adaption and Safety Element (CASE) Includes the 2011 Fire Hazard Severity Zone Map Policies and Programs Policy FI-5.1: Reduce Wildfire Risk Program FI-5.15: Wildland-Urban-Interface Defensible Space and Home Hardening Program Program FI-5.19: Fire Protection Plans Related to New Development Policy FI-5.3: City-Wide Fire-Smart New Development Policy FI-5.4: Fire-Smart Building and High or Very High Fire Hazard Severity Zone Local Policy Context What are the FHSZ maps? Hazard Maps help communities understand where wildfire hazards are located so they can reduce wildfire impacts Hazard – defined by vegetation, slope and predominant and severe winds which drives the “ember cast” model Urban or Built environment considered in the hazard maps Risk – defined as a combination of probability, vulnerability and consequence from the hazard What is required for property owners in each Hazard Zone? Defensible Space Requirements – Existing Structures Requirements for Very High Severity Zones Zone Zero - Ember resistant from 0-5’ from structure (state regs underway) Defensible space 100 feet from structures or the property line, whichever comes first Remove the portion of a tree that extends within 10’ of the outlet of a chimney or stovepipe Maintain a tree, shrub or other plant adjacent to or overhanging a building free of dead or dying wood Maintain the roof of a structure free of leaves, needles or other vegetative materials **The City is currently developing a Defensible Space Ordinance and corresponding Inspection Program Defensible Space Requirements – Fire Code Examples Plantings must be “fire-resistant” per landscape architect, an approved book, journal, listing, or a local agency list Shrubs – not to exceed 6’ in height Shrub groupings at least 30' from structures Shrub groupings no larger than 10' in diameter Shrub groupings no closer than 15' to each other Trees within 30’ zone Dripline at least 10’ from combustible structures Horizontal crown distance not less than 10’ Goal: Create an additional layer of defense against ember cast from vegetation fires that can ignite structures Chapter 7A building code focuses on fire resistant materials and methods of construction to protect against fire: Non-combustible roofs Attic vents and boxed eaves Non-combustible exterior coverings Dual pane and tempered glass windows Ignition resistant decking **CBC Chapter 701A.5 requires Defensible Space specification CFC 4906 Home Hardening 7A Feature Cost Differential Class A Roof Assembly + $5,860 Tempered Glass Windows + $1,000-$2,000 Ember-Resistant Vents + $500 Covered Gutters + $800 Non-combustible siding $0 cost neutral Underfloor Protection $2,500 Fire Resistant Decking $1,850 Total cost Approximately 2% of total cost Requires sellers of residential properties that were built before January 1, 2010, to provide certain disclosures upon sale: 1.A statement that the home is in a very high or high fire zone 2.On or after July 1, 2025, a list of low-cost retrofits during the time the owner has owned the home 3.A list of features that make the home vulnerable to wildfire and flying embers 4.Seller to provide the buyer with a copy of the final inspection report (if available) AB 38 Disclosure Impact of Adopted Maps Development potential General Plan has policy prohibiting subdivision in Very High Zone By-Right/Ministerial Minor Urban Lot Splits & 2-Unit Developments – Generally not permitted for properties that fall in Very High Zone Permitted: if site has adopted fire hazard mitigation measures, Section 51182 and Chapter 7A Ministerial Major Urban Lot Splits – Not permitted for properties that fall in Very High and High Zones Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JDU) If permitted by City within Very High Zone, will likely be subject to additional requirements (defensible space, WUI, water, vegetation management plan) Financial Considerations Bond rating drop, creating cost implications for recovery efforts Fire Insurance California Fair Access to Insurance Requirements FAIR plan (Insurer of last resort) Safer from Wildfires Initiative through the California Department of Insurance requires insurance carriers in California to consider defensible space and home hardening measures for insurance discounts Resilience Strategy Goal: Proactively exclude and/ or slow the progress of a vegetation fire from entering the built environment and cascading into Urban Conflagration A commitment to strong fire safety regulations, emergency response, and community preparedness benefits the entire community An integrated set of tactics provides whole community risk reduction creating a safer environment for all residents Buys time for firefighters to extinguish the fire Buys time for the public to evacuate Vegetation Management City Open Space Goal: Reduce hazardous fuels to slow the spread of wildfire and maintain fire resistant natural communities Vegetation Management Plan Update Coastal Conservancy Grant Community Wildfire Defense Grant - Implementation Prop 4 Wildfire Preparedness Funds – Implementation Gov Code Section 51184 & Adopted Conservation Plans Reservoir Canyon Natural Reserve, Irish Hills Natural Reserve, Cerro San Luis Natural Reserve Other open space properties in high or moderate severity zones or outside the City Vegetation Fuel Treatments Cultural, Mechanical, Chemical Defensible Space and Home Hardening Ember cast from vegetation to vegetation can ignite structures far from the wildland urban interface Home hardening and defensible space to protect against embers, slowing the spread of fire Approximately 80% of noncombustible structures survived Palisades and Eaton Fires Emergency Response Goal: Reach incidents within a 7:00 minute response time and extinguish fires quickly 4 strategically placed stations Staffed with 14 firefighters a day Mutual Aid Plan with SLO County Fire Mutual Threat Zone – Any vegetation fire within a half mile buffer of the city will elicit a wildland response from State resources Community Preparedness Goal: Ensure residents know how to respond to emergencies Ready, Set, Go Evacuations Know Your Zone Alerts Reverse 911 Alert SLO Social Media Firewise Communities Public Engagement Open City Hall posted March 14, 2025 Social Media Community Forum May 22, 2025 Ongoing Next Steps and Timeline Fiscal Year 2025/26 •WUI, fire, and building code released by the state •Study session - Defensible space ordinance •1st reading of building, fire and WUI code adoption. •Building, fire, and WUI code adoption, with defensible space ordinance adoption •Zone zero regulations effective for new structures •Programmatic and budget proposals for supplemental budget Fiscal Year 2026/27 •Defensible space inspection program implementation January 2029 •Zone zero regulations enforceable on existing structures Questions?