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HomeMy WebLinkAboutItem 5l Adoption of ordinance no. 1748 Adopting the CALFIRE Local Responsibility Area Fire Hazard Severity Zone Maps Item 5l Department: Fire Cost Center: 8503 For Agenda of: 6/17/2025 Placement: Consent Estimated Time: N/A FROM: Todd Tuggle, Fire Chief Prepared By: Todd Tuggle, Fire Chief SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1748 (2025 SERIES) ADOPTING THE CALFIRE LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONE MAPS AS REQUIRED BY GOVERNMENT CODE 51178 RECOMMENDATION Adopt Ordinance No. 1748 (2025 Series) entitled “An Ordinance of the City of San Luis Obispo, California, designating the Fire Hazard Severity Zones as identified by the State Fire Marshal,” as introduced on June 3, 2025. (Attachment A) 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. DISCUSSION During a public hearing held on June 3, 2025, the City Council introduced Ordinance No. 1748 (2025 Series) adopting CALFIRE Local Responsibility Area Fire Hazard Severity Zone maps. The Council received a presentation regarding the State published maps and outlined the impact that the maps will have on property owners in the City through requirements 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 10th). Though cities may, under Government Code 51179, expand the zones or add additional parcels to the zones designated by the state, it was not staff’s recommendation to do so, and the Council voted to introduce the maps as designated and published by the Stat e Fire Marshal. Page 325 of 994 Item 5l Previous Council or Advisory Body Action Resolution No. 10337 (2012) series – 1. Proposed General Plan amendment 2. Proposed amendments to the Safety Element Policies and Maps 3. 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 Notice of the introduction Ordinance No. 1748 (2025 Series) was published in the New Times on May 22, 2025, prior to the June 3, 2025 City Council meeting and again on June 12, 2025, in advance of the June 17, 2025 meeting to consider final adoption of the ordinance. 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: o 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. o 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. o A consistent theme arose regarding how people are going to afford to do the work demanded by the regulations within the zones, specifically defensible s pace and home hardening. o 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. o There is some concern about parcels that are split between multiple zones. o 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 16th and any additional comments received will be distributed to the Council via agenda correspondence in advance of the Page 326 of 994 Item 5l second reading of the ordinance at the June 17th Council meeting. 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. 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 Budget Year: 2025-27 Funding Identified: No Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ N/A $ $ $ State Federal Fees Other: Total $ N/A $ $ $ Page 327 of 994 Item 5l There are no fiscal impacts with adopting the Ordinance. As steps in the Fire Hazard Severity Zone implementation are completed, such as map and code adoption, Council will be kept apprised of the pending fiscal impacts and programmatic needs as they are developed. ALTERNATIVES 1. 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 a modified ordinance 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 - Ordinance No. 1748 (2025 Series) adopting Designating the Fire Hazard Severity Zones as Identified by the State Fire Marshal. Page 328 of 994 O 1748 ORDINANCE NO. 1748 (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 329 of 994 Ordinance No. 1748 (2025 Series) Page 2 O 1748 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 s tate law to identify and mitigate wildfire hazards, thereby protecting the environment and public safety. Page 330 of 994 Ordinance No. 1748 (2025 Series) Page 3 O 1748 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 APPROVED AS TO FORM: _______________________ 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 331 of 994 Ordinance No. 1748 (2025 Series) Page 4 O 1748 Exhibit 1 Page 332 of 994