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HomeMy WebLinkAboutItem 8a - Wildland Urban Interface Code Study Session Item 8a Department: Fire Cost Center: 8503 For Agenda of: 10/7/2025 Placement: Study Session Estimated Time: 120 FROM: Todd Tuggle, Fire Chief Prepared By: Sadie Symens, Deputy City Attorney SUBJECT: WILDLAND URBAN INTERFACE (WUI) CODE, BUILDING HARDENING, AND DEFENSIBLE SPACE REGULATIONS STUDY SESSION RECOMMENDATION 1. Receive a presentation on the 2025 California Wildland Urban Interface (WUI) Code, including defensible space requirements; 2. Direct staff to return to City Council to adopt the WUI code as-is, and provide direction on strategic next steps pertaining to WUI code implementation; and 3. Provide direction on strategic next steps on the City’s approach to community education, inspections, and enforcement of the WUI Code and other considerations, including real estate disclosures, risk mitigation, and the effects of the 2025 Fire Hazard Severity Zone maps and statewide codes on existing City policies. REPORT-IN-BRIEF The purpose of this study session is to brief the City Council on the requirements of the WUI Code and how they apply within Fire Hazard Severity Zones (FHSZs) and to confirm staff’s recommendations and seek direction on certain implementation measures. Because of the breadth and impact of the new standards included in the WUI Code, this study session is intended to provide an opportunity to discuss the requirements in detail and to better prepare for the code adoption process that will occur in November and December 2025 and will be implemented in 2026. Staff have provided recommendations for (1) adoption of the WUI Code, (2) implementation of the code’s requirements including enforcement, and (3) community outreach and education. The goal of this item is to confirm or obtain direction to modify these recommendations as next steps are carried out to adopt and implement the WUI Code requirements. This report outlines the minimum mandatory requirements in the WUI Code, which the City must enforce, including emergency access, water supply, building construction and hardening, and defensible space. While many of these requirements align with existing local regulations, the updated 2025 CAL FIRE Fire Hazard Severity Zone (FHSZ) maps have significantly expanded the number of parcels in Very High FHSZs in the City, thereby applying regulations to a larger subset of the community. In addition, new state defensible space requirements—including forthcoming Zone Zero regulations1 for the area 1 As will be further discussed below, “Zone Zero regulations” refer to requirements for the first five feet around a structure (also known as the “Ember-resistant defensible zone.”) Page 609 of 638 Item 8a 2 immediately surrounding buildings—will add further obligations for property owners. One of the main areas of discussion in the study session will be on implementation of the WUI Code, and City Council will be requested to provide strategic guidance on topics including inspections and compliance. This report will also discuss what individual property owners and com munities within the City can do to prepare for the risk of wildfire and put themselves in the best position to retain or receive discounts on fire insurance, as well as disclosures that must be made by certain property owners upon transfer of real property. Finally, the report will discuss the impact of the WUI Code and updated FHSZ designations on existing City policies. Given the increase in regulatory burden presented by the WUI code, both on community members and City staffing resources, alongside the quantifiable risk reduction expected from implementing the WUI Code, staff are not recommending adoption of substantive modifications to the state codes or the adoption of a separate, local defensible space ordinance2. By adopting and implementing the WUI code, as published by the state, the City will be taking a big step forward toward wildfire resilience and long-term community safety. Each section of the report that discusses the provisions of the WUI Code will include at least one Key Finding in support of Strategic Next Steps. The Strategic Next Steps identify staff’s recommendations for that portion of the WUI Code. The Strategic Next Steps recommended in the report associated with adoption of the WUI Code are: 1. Revise the definition of “Wildland-Urban Interface Fire Area” within Chapter 15.04 of the City’s municipal code to conform to the definitions provided by state law to include all FHSZs. 2. Include any necessary updates related to Chapter 4 of the WUI code in the City’s upcoming engineering standards update. 3. Adopt Chapter 5 of the WUI Code as-is, carry over any local amendments to the building code that have previously been adopted by the City, and make necessary conforming amendments to existing provisions of Title 15 (e.g., references to Chapter 7A of the building code and clarifying that all building hardening requirements of Chapter 5 are applicable Citywide.) 4. Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. 5. Require new subdivision and large developments to provide Fire Protection Plans as described in Section 602 of the WUI Code as part of the building permit process. 6. Require a Landscape Plan for all new landscaping associated with a project that requires a building permit within a VHFHSZ. Similarly, the report’s discussions of the implementation of the WUI Code and its impacts on existing City policies identifies staff’s recommendations as a number of Strategic Next 2 As described in the body of this report, state law allows the City to adopt certain local codes that are more stringent than the state code. Page 610 of 638 Item 8a 3 Steps. The Strategic Next Steps related to implementation of the WUI Code and the impacts of the code and the FHSZs on existing City policies are: 7. Include an amendment clarifying that the City will enforce Chapter 6 of the WUI Code (including referenced defensible space requirements) administratively pursuant to Administrative Code Enforcement Procedures of the City’s Municipal Code (Chapter 1.24). 8. Enforce state-adopted defensible space requirements in the VHFHSZ using a complaint-based/reactive method, with an initial objective of education. 9. The Fire Department will offer a fee -based voluntary inspection program and will continue to seek external funding that would allow the City to subsidize the cost of voluntary inspections for property owners. 10. Do not perform AB 38 inspections upon the sale of real property in Very High or High FHSZs at this time. 11. Adopt the WUI Code without substantive local amendments to its requirements. 12. Develop guidance and requirements for vegetation management plans as part of the building permit application process, to be available by January 1, 2026. 13. Amend the Climate Adaptation and Safety Element of the General Plan as required by Government Code Section 65302 to reflect the updated FHSZ maps. 14. Agendize a study session to reevaluate the prohibition in current City policies on subdivisions within the VHFHSZ and discuss possible amendments to the Climate Adaptation and Safety Element of the General Plan. 15. Amend the Tree Ordinance to clarify the tree removal process for trees that must be removed under the WUI code. The Strategic Next Steps reflect staff’s recommendations and intended actions absent contrary direction from Council are set forth below. Council may direct staff to modify a Strategic Next Step. POLICY CONTEXT  Ordinance 1748 (2025 Series) adopted CAL FIRE’s Local Responsibility Area Fire Hazard Severity Zone Maps, as required by California Government Code 51179. The new designations, compared to the prior map revisions from 2007, increase the number of parcels within Very High FHSZs in the City by over a hundred-fold, add over 6,000 additional parcels to High and Moderate FHSZs, and bring 64% of the City's total parcels within a FHSZ.  2025-27 Financial Plan Housing and Neighborhood Livability Major City Goal: o Action 4.1.c directs staff to “Conduct a study session on implications and implementation of State Fire Hazard Severity maps for local responsibility areas.” o Action 4.1.d directs staff to “Implement actions and requirements of the State Hazard Fire Hazard Severity Maps.”  Climate Adaptation and Safety Element of the General Plan: o 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 Page 611 of 638 Item 8a 4 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. […]3  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. […] o 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. […] o 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. […] 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 o 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 3 “[…]” indicates that the policy or program has additional text omitted from this section for brevity. The full text is available in the linked Climate Adaptation and Safety Element of the General Plan. Any text omitted from this section that is important for a particular component of the study session is included and referenced in the body of this Council Agenda Report. Page 612 of 638 Item 8a 5 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. DISCUSSION Background As described in the City’s Climate Adaptation and Safety Element (CASE) of the General Plan, “[…] a wildfire is defined as an uncontrolled fire spreading through vegetative fuels that poses a threat to life and/or property. Wildfires can be ignited by natural events, such as lightning strikes, or can be caused by damaged infrastructure (e.g., downed power lines) or human activities (e.g., campfires, arson). Wildfires can move quickly, casting embers into downwind areas and spreading to developed areas, putting human lives and properties at risk.” Although the City has experienced wildfires in the past, climate change has intensified key drivers—higher temperatures, shifting precipitation, and reduced humidity—raising both the overall risk of wildfire and the likelihood that fires could spread into developed areas of the City. Recent catastrophic fires that have destroyed entire communities illustrate that this trend extends statewide, with consequences not only for public safety but also for the cost and availability of property insurance. Statewide Hazard Mapping - Fire Hazard Severity Zones California has a long history of mitigating the risks posed by natural disasters. The primary way that California assesses statewide and local wildfire risk is through the mapping of FHSZs. California state law requires the State Fire Marshal to identify areas throughout the state as Moderate, High, and Very High FHSZs based on fuel loading, slope, fire weather, and other relevant factors (Govt. Code 51178). On March 10th, 2025, the State Fire Marshall released an updated FHSZ map for San Luis Obispo. On June 17, 2025, the Council adopted Ordinance No. 1748 (2025 Series), which codified the updated wildfire maps and designated Moderate, High, and Very High FHSZs within the City as required under state law. In the 2025 update, the State Fire Marshal included wind as a contributing risk factor when modeling the fire hazard risks and potential for ember cast. Additionally, the 2025 update included, for the first time, Moderate FHSZs within the Local Responsibility Area (areas within the state for which local fire agencies, such as city and county fire departments, are responsible). Page 613 of 638 Item 8a 6 Prior to 2025, the FHSZ maps were last updated in 2009. The 2009 FHSZ maps designated 38 parcels in FHSZs across the City, all of which were located in Very High FHSZs. Upon adoption of the new maps, the City now contains Moderate and High FHSZs as well, and the total number of parcels located in a FHSZ is now 8,782, including 2,845 parcels within a Very High FHSZ. Mitigating Wildfire Risk through Statewide Building Standards Development in California is regulated by the California Building Standards Code (Building Code). Updated every three years, the Building Code includes chapters that regulate construction projects ranging from a building’s structural integrity to energy use. The Building Code is updated every three years by a wide range of state agencies and is formally adopted by the State Building Standards Commission. State law requires local governments to adopt each triennial Building Code into local law in its entirety, and in some cases, allows for amendments to the state code so long as they are more restrictive. Historically, fire related regulations have been held in the California Code of Regulations, Title 24, Chapter 7A (California Building Code, Chapter 3 Section R337 (California Residential Code), and Chapter 49 (California Fire Code), as well as Title 14, Natural Resources Code and Title 19, Public Safety Code. Fire regulations were also codified in California statutes including the Public Resources Code, Government Code, and Health and Safety Code. For the first time in state history, the 2025 Building Code brings all of these fire-related and wildland-urban interface laws and regulations into a single code book, known as the California Wildland-Urban Interface Code (WUI Code). In July 2025, the State published the new WUI Code as Part 7 of Title 24 of the California Building Standards Code4. Every parcel within the City is affected by some or all components of the WUI Code. The WUI Code addresses fire spread, fire suppression accessibility, defensible space, water supply, and other fire resilience factors for buildings in designated FHSZs (Moderate, High, or Very High) or Wildland Urban Interface areas. This report provides a high level summary of information about the WUI Code and a deeper analysis of regulations related to combustible materials adjacent to a building, also known as “Defensible Space”. For each topic, this report describes the minimum statewide regulations the City will be required to adopt and how staff intend to educate the public about the standards and the enforcement thereof. Each section concludes with key findings and staff’s recommendations, identified as strategic next steps. The City Council’s deliberations and direction in this study session will inform the adoption and implementation of the WUI code. Staff will be returning to Council on November 18, 2025, to introduce an ordinance to adopt the 2025 Building, Fire, and WUI codes which will be effective January 1, 2026. 4 The WUI Code in its entirety is available at: https://codes.iccsafe.org/content/CAWUIC2025P1. Page 614 of 638 Item 8a 7 The California Wildland-Urban Interface Code As described above, the WUI Code is intended to establish requirements to reduce the likelihood of life and property loss due to wildfire. Table 1 summarizes the substantive components of the WUI Code.5 Table 1: WUI Code Applicability Matrix Chapter 3 WUI Areas Chapter 4 Fire Access and Water Supply Standards Chapter 5 Building Construction and Hardening Standards Chapter 6 Fire Protection Plans, Landscape Plans, and Defensible Space Applicable Zones All Fire Hazard Severity Zones (FHSZs) All Fire Hazard Severity Zones (FHSZs) Citywide Very High Fire Hazard Severity Zones (VHFHSZs) Applicable Scope Fire service access to subdivisions and new development New Construction + remodels on buildings built after July 1, 2008 New landscaping + existing landscaping within 100 feet of buildings The remainder of this section provides an overview of each substantive chapter of the WUI Code, including a summary of the major changes that will result from adopting and implementing code, with a focus on changes that will directly impact residents and property owners in the City. Each WUI code chapter is hyperlinked in the body of this report. The requirements outlined below would be the result of adopting the WUI code as -is. Alternatives to the statewide WUI Code, such as expanding the area designated as “wildland urban interface” or adopting optional appendices of the Code, are discussed later in this report. WUI Code - Chapter 3: Designation of Wildland-Urban Interface Areas Chapter 3 provides that Wildland-Urban Interface Areas in Local Responsibility Areas (LRAs) are to be mapped by the State Fire Marshall as FHSZs in accordance with Government Code 51175 through 51189. Chapter 3 further states the code official (in the City’s case, the Fire Chief) shall reevaluate and recommend modification to the wildland- urban interface areas on a 5-year basis or more frequently as deemed necessary. Chapter 3 - Local Code Consistency The City will need to update its definition of “Wildland-Urban Interface Fire Area” within the municipal code to conform with the definitions provided by state law. Section 15.04.090 currently defines the wildland-urban interface as “areas designated as Local Very High Fire Hazard Severity Zones,” since, prior to 2025, there were no areas in the City designated as High or Moderate FHSZs. While the definition is outdated, the City is compliant with this part of the code because the State FHSZ maps were adopted per 5 Chapter 1 covers administration of the code, and Chapter 2 provides applicable definitions. Page 615 of 638 Item 8a 8 state law (Ordinance No. 1748.) Under the WUI Code, the wildland-urban interface area must include, at least, all areas designated by the State Fire Marshal and adopted by the City (as required by Government Code 51187) as a Moderate, High, or Very High FHSZ. Staff will recommend a revision to the Wildland-Urban Interface Fire Area definition to conform with the state law as part of the 2025 Building Code update. Key Finding: With the identification and adoption of High and Moderate fire hazard severity zones within the City, the City’s definition of “Wildland-Urban Interface Fire Area” is outdated because it only includes Very High FHSZs. Strategic Next Step #1: Upon adoption of the Building Code in November, revise the definition of “Wildland-Urban Interface Fire Area” within Chapter 15.04 of the City’s municipal code to conform to the definitions provided by state law to include all FHSZs. WUI Code - Chapter 4: Fire Access and Water Supply Standards Chapter 4 Applicability The Fire Access Standards of Chapter 4 apply to subdivisions, developme nt, and roads within all FHSZs. Although most of Chapter 4, applies to new development and construction, existing buildings and roadways within a FHSZ must now adhere to the Section 403 requirement to display address and road markers, respectively, that sufficiently support fire suppression efforts and access. These requirements for existing buildings and roadways formerly existed in the Fire Code and are not new requirements. Fire Access (Section 403) Chapter 4, Section 403 states that public and private roads and driveways shall provide for safe access for emergency wildfire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency. Section 403 sets forth specific requirements for minimum turn radius on streets, inclusion of turnarounds on long driveways, design standards to accommodate the weight of fire apparatuses on fire access roads, and minimum standards for horizontal and vertical curvature of roadways. Water Supply Requirements (Section 404) Section 404 sets forth requirements for water supply, including that the City’s water system must be capable of supplying the required fire flow for structural fire protection and wildland fire exposure. Chapter 4 - Local Implementation Generally, the requirements of Chapter 4 are aligned with the City’s existing engineering standards that are required citywide. There are some minor instances where requirements set forth in Section 403 exceed the City’s existing engineering standards. An example includes the WUI code requirement that driveways have a minimum width of 24-feet in WUI areas, whereas the City’s existing engineering standard 2120 allows for residential driveway widths between 10 and 16-feet. Page 616 of 638 Item 8a 9 The City’s water system complies with the Fire Code, and consists of water storage reservoirs, tanks, booster stations, and mains capable of providing the required fire flow. The City also continues to review private development projects to ensure the project’s engineered design incorporates the necessary infrastructure (such as fire riser rooms and fire pumps) to provide fire suppression consistent with Code requirements. No modifications to the City’s water storage and distribution system are required. To ensure local code consistency, in advance of the WUI code going into effect on January 1, 2026, staff will include targeted updates that reference the requirements of Section 403 for inclusion in the City’s upcoming 2025 engineering st andards update, which will be recommended for Council’s adoption in Fall 2025. This ensures that the City’s engineering standards meet the requirements of Chapter 4 in WUI areas (or exceed it where the City’s standards are already more restrictive). Once the City’s engineering standards are updated, the requirements of Chapter 4 will be enforced through the building permit and subdivision process. Key Finding: The requirements of Chapter 4 related to water supply are fully met by the City’s systems and standards. Minor updates to the City’s engineering standards related to fire access are needed. Strategic Next Step #2: Include any necessary updates related to Chapter 4 of the WUI code in the City’s upcoming engineering standards update. WUI Code - Chapter 5: Special Construction Regulations: Building Hardening Standards Ignition-Resistant Construction (Section 504) Section 504 of the WUI Code sets forth additional new requirements for new buildings and additions and remodels to buildings constructed after July 1, 20086. The requirements address materials used in construction, roof standards, eave standards, underfloor enclosure standards, and door and window standards. The requirements include, but are not limited to:  Specific underlayment for tile roofs: a requirement for use of specific underlayment for tile roofs that create a void between tile and substrate (roof base), which helps with fire safety  Gutter protection: requirement for protection such as screens to prevent debris accumulation in gutters  Underfloor enclosure or underside protection: requirement to cover or seal the open space beneath a building, porch or deck to increase fire safety  Heavy timber or fire-resistant construction for unenclosed accessory structures: a requirement to use specific materials for things attached to buildings, such as trellises, patio covers, decks, bay windows, porches, or other proje ctions 6 As a result of a devastating fire season in 2008, the building code was amended in 2028 to include WUI standards including stricter construction requirements. All subsequent Building Code cycles have included a provision that remodels and additions to homes built after July 1, 2008, are required to be constructed to current Chapter 7A/ R337 standards, which are now reflected in Chapter 5 of the WUI code. Page 617 of 638 Item 8a 10  Deck materials: requirement to use State Fire Marshall approved materials for decks  Vents: requirement that ventilation openings for attics, gable ends, ridge ends, eaves, etc. Shall be covered with ember resistant vents  Windows: requirement that exterior windows be tempered glass or equivalent  Exterior doors and garage doors: requirement that exterior doors and garage doors comply with certain standards for fire safety Chapter 5 Applicability The Building Standards in Chapter 5 (formerly found in Chapter 7A of the CA Building Code) apply throughout the City, regardless of the FHSZ of a property, to all new construction and to remodels/renovations of buildings built after July 1, 2008. Chapter 5 will apply throughout the City because San Luis Obispo has, since at least 2012, been designated as a “Community at Risk from Wild Fires” by the California Department of Forestry and Fire Protection7 (see Health & Safety Code §13108.5(d).). The provisions of Chapter 5 will not impact existing structures in the City, unless a building permit is sought for a renovation/remodel to a building constructed after July 1 , 2008. At that time, the area of renovation/remodel would then need to comply with the new regulations, but there would not be a requirement to bring other parts of the building into compliance. If a renovation/remodel does not trigger the need for a buil ding permit, then the project does not need to comply with these standards, but applicants are encouraged to meet these standards for enhanced fire safety (meaning, the City will not enforce the standards for these projects, but property owners are encouraged and welcome to meet the standards voluntarily for enhanced fire protection). Additionally, small (maximum 120 square feet) accessory structures not used for habitation (e.g., sheds or carports) and Group U agricultural buildings8 located at least 50 feet away from applicable (non-exempt) buildings, are exempt from the construction requirements of Chapter 5. Chapter 5 Compliance Compliance with Chapter 5 requirements will be verified through the building permit process, including providing information to property owners at the counter, checking for compliance during building plan check, and verifying compliance during inspections. Key Finding: Compliance with requirements of Chapter 5 related to ignition-resistant building materials and construction will be verified through the City’s building permit process upon adoption of the WUI code, starting January 1, 2026. No further action is needed. To support permit applicants and City plan reviewers, in the fall of 2025, the City 7 Following that designation, in 2012 City Council adopted an ordinance amending Title 15 of the Municipal Code to “require a limited application of the Chapter 7A building codes new construction Citywide” and thus increased the fire resistance of new structures citywide. The “limited application of Chapter 7A” included only those requirements specified in the municipal code (Ignition resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one “pilot head”); Ember resistant vent systems for attics and under floor areas, protected eaves, and Class ‘A’ roof coverings as identified in the California Building Code Chapter 7A), not all Chapter 7A building requirements that applied to structures within the VHFHSZ. In 2012, the City’s VHFHSZ (the only FHSZ designated in the City at the time) contained 38 parcels. 8 Group U agricultural buildings are classified by the following uses: livestock and poultry shelters or buildings, barns, equipment storage facilities, horticultural structures including greenhouses, sheds, grain silos, and stables. Page 618 of 638 Item 8a 11 will begin training internal staff on the WUI code and will continue to support ongoing external stakeholder education as described in the public engagement section of this report. Strategic Next Step #3: Adopt Chapter 5 of the WUI Code as-is, carry over any local amendments to the building code that have previously been adopted by the City, and make necessary conforming amendments to existing provisions of Title 15 (e.g., references to Chapter 7A of the building code and clarifying that all building hardening requirements of Chapter 5 are applicable Citywide.) WUI Code - Chapter 6: Fire Protection Requirements: Vegetation Management, Landscape Plans, and Defensible Space Chapter 6, Section 602 and 603 define how the City, as the local jurisdiction, will inspect and verify that private property owners have adequately mitigated fire hazards for new construction on parcels in VHFHSZs. Section 604 sets forth specific defensible space requirements in VHFHSZs. Maintaining defensible space consists of managing or removing vegetation and combustible materials in a buffer around a structure, which can slow or stop a wildfire approaching a structure and can provide a safe place for firefighters to defend the structure. Chapter 6 Applicability Staff would recommend clarifying in the adopting ordinance for the WUI code that Chapter 6 only applies to the VHFHSZ. The language of Chapter 6 could be construed as internally inconsistent otherwise.9 However, staff’s position is that Chapter 6 only applies to the VHFHSZ because 1) Chapter 6 expressly imposes maintenance responsibilities only on properties within the VHFHSZ (see section 604.3), unless the local agency designates by ordinance some other area as a wildland-urban interface area, and 2) the defensible space regulations found in Government Code Section 51182 and Chapter 7 of Title 14 of the California Code of Regulations only apply to the VHFHSZ (see 14 C.C.R. 1270.02 et seq.). Key Finding: Chapter 6 only applies to the VHFHSZ as described in the user notes in the beginning of the chapter, and as supported by other existing law such as Government Code 51182 and Section 1299.03 of Title 14 of the California Code of Regulations . Strategic Next Step #4: Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. Fire Protection Plans (Section 602) Chapter 6, Section 602 authorizes the code official to require a Fire Protection Plan for 9 For example, the User Notes state that “this chapter contains requirements for development and construction in Local Responsibility Areas (LRA) designated as Very High Fire Hazard severity Zones…,” but section 601 of that Chapter states that “the provisions of this chapter establish general requirements for new and existing buildings, structures and premises located within wild-land-urban interface (WUI) areas,” where WUI areas are defined as all areas within a FHSZ. Page 619 of 638 Item 8a 12 new construction projects in VHFHSZs. If required by the code official, a Final Fire Protection Plan must include the following information:  Total size of the project, information on the adjoining properties, current land use, existing structures and densities, planned construction, natural vegetation, environmental restoration plans, roads, and parks.  A map with all project boundary lines, slope contour lines, proposed structure footprints, roads and driveways. The map shall identify project fuel modification zones10, identification of irrigated and non-irrigated zones, and all proposed plants with specific information including the plant life-form; scientific and common name; and the expected height and width for mature growth.  Requirements for vegetation reduction around emergency access and evacuation routes, and identification of access for equipment and personnel to maintain vegetation in common areas.  Legally binding statements regarding community responsibility for maintenance of fuel modification zones, as well as legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance. Section 602 Applicability Section 602 is applicable to new construction in VHFHSZs. As the code official, the Fire Chief has discretion to require a Fire Protection Plan for new construction projects in VHFHSZs. Because the required elements of a Fire Protection Plan are most applicable to subdivisions and larger scale developments (e.g. providing information about current land use, existing structures and densities, identifying and maintaining emergency access and evacuation routes, and identification of vegetation maintenance responsibilities related to covenants, conditions and restrictions (CCRs)), staff recommends only requiring Fire Protection Plans for large scale developments, such as subdivisions, seeking building permits in VHFHSZs. Section 602 – Local Implementation The City does not currently require a separate Fire Protection Plan as a building permit condition. However, nearly all of the mandatory elements of a Fire Protection Plan established by Section 602 are already required as part of the City’s plan review process for subdivisions and large-scale developments. By requiring Fire Protection Plans as described in Section 602 for future larger scale developments, the City would improve on its existing building permit process by bringing all of the information related to fire hazard mitigation into a single package, facilitating a more streamlined review. Key Finding: Fire Protection Plans are an optional requirement, but if they are required by the code official, must include a prescriptive list of mandatory items. A majority of the mandatory Fire Protection Plan items set forth by Section 602 are only applicable to larger scale developments. In the City, these items are already required for subdivisions and larger developments during the plan review process. 10 Fuel modification, as defined by the WUI Code, is a method of modifying fuel load by reducing the amount of non- fire-smart vegetation or altering the type of vegetation to reduce the fuel load. The methods and requirements are different depending on the Defensible Space Zones. Page 620 of 638 Item 8a 13 Strategic Next Step #5: Require new subdivisions and large developments11 to provide Fire Protection Plans as described in Section 602 of the WUI Code as part of the building permit process. Vegetation Plan (Section 603) Chapter 6, Section 603 states that all new plantings of vegetation in a VHFHSZ shall comply with the conditions set forth in Section 603, and that landscape plans shall be provided when required by the code official. Landscape (vegetation) plans must show that new shrubs and new and existing trees comply with Section 603 regarding location and spacing, as summarized below:  New fire-safe shrubs shall not exceed 6 feet in height, and if planted in groupings shall be limited to a combined diameter of 10-feet and be separated from other groupings by a minimum of 15 feet. Shrub groupings shall be separated from structures a minimum of 30 feet. Lastly, where shrubs are located below or within a tree’s drip line, the lowest tree branch shall be a minimum of three times the height of the understory shrubs or 10 feet, whichever is greater.  New fire-safe or existing trees located within 30-feet of a structure shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 -feet from a structure, so that the horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10-feet, and that existing trees maintain a minimum separation of 10-feet from chimney and stovepipe outlets.  New non-fire-smart trees shall be permitted, provided the tree is planted so that the tree’s drip line at maturity is a minimum of 30 feet from an applicable (non - exempt) structure and that the tree’s drip line at maturity is a minimum of 10 feet from any combustible12 structure, and is well pruned and maintained. Section 603 defines fire-smart vegetation13 as plants that have high moisture content and low resin or oil content, which makes them less likely to ignite and spread fire. Nonfire - smart vegetation has characteristics opposite to fire-safe vegetation and includes plants and trees such as conifers, palms, pepper trees, and eucalyptus species. These types of plants are not prohibited, but Chapter 6 provides strict standards as to how nonfire-smart vegetation is maintained and where it is located relate to structures. Section 603 Applicability Section 603 applies to new construction and new plantings of vegetation in VHFHSZs. 11 In this case, “large developments” refer to projects that may not require a subdivision, but would benefit from a Fire Protection Plan, such as a large commercial development, apartment complex, hotel, or business park development. 12 “Combustible” does not have a single fixed definition within the WUI Code or the Building Code. It is context-specific but “combustible” materials are generally materials that are readily ignitable by a spark or flame. 13 The code states that to be considered fire-smart vegetation, vegetation must meet one of the following: (a) be identified as fire-smart vegetation in an approved book, journal, or listing from an approved organization; (b) be identified as fire-smart vegetation by a licensed landscape architect with supporting justification; (c) plants considered fire-smart vegetation and approved by the local enforcing agency. Appendix F of the 2025 WUI Code provides further information on characteristics of fire-smart vegetation. Page 621 of 638 Item 8a 14 Section 603 – Local Implementation Per Chapter 6, the code official may specifically require a Vegetation Plan, also more commonly known as a Landscape Plan, for new landscaping within a VHFHSZ. While all building permits are currently required to show the location of existing trees on the site, the City does not currently require landscape plans for new structures that only require a building permit. However, under the City’s current regulations, a new structure that receives discretionary approval is required to provide a landscape plan. Under the 2025 WUI code as published by the state, a landscape plan will be required for both discretionary and non-discretionary projects and will need to include both the proposed new vegetation and existing vegetation . Staff recommends adjusting the City’s current building permit process to require a landscape/vegetation plan for projects that include new landscaping in VHFHSZs, including information about vegetation maintenance, as having this information during the building permit review process allows for any changes to be made on paper rather than after construction or landscaping is initiated. Staff do not recommend requiring a Vegetation Plan for all new landscape plantings on properties within a VHFHSZ unless it would otherwise be required as part of a discretionary or non-discretionary permit process, such as a building permit. Key Finding: Section 603 sets forth detailed requirements for Vegetation Plans, which can be used by the City to verify compliance with Section 603 and the WUI code more broadly. As verification of the defensible space elements described above will be required for final sign-off of a building permit in a VHFHSZ, requiring landscape/vegetation plans as a condition of a building permit in a VHFHSZ will likely make development (and final occupancy) in these areas more efficient for both City staff and permit applicants/developers by ensuring compliance with the state’s requirements under the WUI Code. Key Finding: All new plantings in the VHFHSZ will need to comply with the conditions outlined in Section 603, regardless of whether the new plantings are associated with a development and required to be reviewed by the City or not. If new plantings are installed that do not need review by the City prior to installation and do not comply with the conditions in Section 603, the property owner may be subject to enforcement for non- compliance on a complaint basis. Additional detail about the staff’s recommendation for inspection and compliance of the WUI code can be found later in the report under the header “Section 604 – Local Implementation”. Strategic Next Step #6: Require a Landscape Plan for all new landscaping associated with a project that requires a building permit within a VHFHSZ. Maintenance of Defensible Space (Section 604) Chapter 6, Section 604 states that hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and structures, and to reduce the risk of fire spreading to buildings. Section 604 requires that defensible space—defined as “the buffer that landowners are required to create on their property between a “Building or Structure” and the plants, brush and trees or other items Page 622 of 638 Item 8a 15 surrounding the “Building or Structure” that could ignite in the event of a fire ”—be managed around all buildings and structures located in VHFHSZs. Section 604.3 requires that defensible space be maintained in accordance with state codes and regulations, including Government Code Section 51182 and Section 1299.03 of Title 14 of the California Code of Regulations, which provide zone-specific guidance for areas surrounding a structure. The latest draft regulations to implement Government Code section 51182, published by the Board of Forestry and Fire Protection on September 22, 2025, introduces an additional zone—Zone 014. As the WUI Code references and requires compliance with Section 1299.03, by adopting the WUI Code, the City will also adopt, by reference, the Zone 0 requirements as issued by the state (including any future amendments). The Zone 0 requirements are anticipated to take effect on January 1, 2026, for new structures, and on January 1, 2029, for existing structures. The draft Zone 0 defensible space requirements are summarized as follows:  Zone 0 (0 - 5 feet from structure): 1. Remove all grass, ornamental or native plants, shrubs, fallen leaves and tree needles, weeds, and combustible mulches including bark and woodchips, with the exception of potted plants under certain conditions15. 2. Maintain trees so there are no dead or dying branches, and all live branches are 5 feet above the building’s roof, 10 feet away from chimneys and stovepipe outlets, and 5 feet away from the sides of any building. 3. Remove combustible items (e.g. combustible boards, timbers, firewood, synthetic lawn, attached window boxes, trellises). 4. Remove all dead and dying plants, weeds, and debris from the roof, gutter, deck, porch, stairways, and under any areas of the building. 5. Replace combustible fencing, gates, and arbors attached to the home with noncombustible alternatives within 5-feet of the building. 6. Outbuildings are not permitted. Zone 1 and 2 requirements already exist (as codified in Section 1299.03 of Title 14 of the California Code of Regulations) and apply to properties located within the VHFHSZ. These requirements, as proposed for amendment by the Board of Foresty along with adoption of the new Zone Zero requirements, are as follows: 14 In 2021, the California legislature introduced the idea of a “Zone 0,” which refers specifically to the area between zero and five feet around a structure, also referred to as the “ember resistant zone.” In 2021, the legislature directed the State Board of Forestry and Fire Protection (the “Board”) to issue “Zone 0” regulations. In 2025, the Board released draft Zone 0 regulations. These regulations are expected to take effect for new structures on January 1, 2026, and, for existing structures, on January 1, 2029 (Govt. Code 51182(c)(2), 51186(b)(2)). Until 2021, defensible space requirements only included two “zones,” Zone 1 and Zone 2, which referred to the first 30 feet around a structure, and the area between 30 and 100 feet from a structure, respectively. 15 Plants in pots are allowable if they are in areas that are not directly beneath, above, or in front of a window, glass door, or vent; are kept in an unaffixed, not combustible pot or container that is no larger than five (5) gallon capacity; and set apart by one and a half (1.5) times the height of the plant or twelve inches (12”), whichever is greater, from the structure and each other. These plants shall be no greater than 18 inches in height. Dead or dying material on the plants shall be removed. Page 623 of 638 Item 8a 16  Zone 1 (5 - 30 feet from structure and deck, or to property line) 1. Clear all dead or dying plants, grass, shrubs, trees, branches, and weeds. 2. Move all firewood and wood piles to Zone 2. 3. Ensure outbuildings and LPG tanks have 10 feet of clear space to bare soil and no flammable vegetation within an additional 10 feet around them .  Zone 2 (30 - 100 feet from structure, or to property line) 1. Cut or mow annual grass down to a maximum height of four inches. 2. Create horizontal space between shrubs and trees. (See Figure 2) 3. Create vertical space between grass, shrubs and trees. (See Figure 2) 4. Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted to a depth of three inches. 5. Keep 10 feet of clearance around exposed wood piles, down to bare mineral soil, in all directions. 6. Clear areas around outbuildings and propane tanks. Keep 10 feet of clearance to bare mineral soil and no flammable vegetation for an additional 10 feet around their exterior. Below, Figure 1 visually displays Defensible Space Zones 0, 1, and 2. The houses displayed in Figure 1 are compliant with the forthcoming Zone 0 regulations. Figure 2 shows the horizontal and vertical space clearance requirements for vegetation in Zone 2. Figure 1: Defensible Space Zones Source: California Board of Forestry and Fire Protection Page 624 of 638 Item 8a 17 Figure 2: Zone 2 Vertical and Horizontal Vegetation Spacing Source: California Governor’s Office of Emergency Services Section 604 Applicability Defensible space requirements set forth by Chapter 6 Section 604, including forthcoming “Zone Zero” requirements from the State Board of Forestry, will apply to all parcels including both new and existing structures in VHFHSZs16. In the City of San Luis Obispo 16 Government Code § 51183 and 51184 clarify that certain building types and areas within a VHFHSZ are exempt from the defensible space requirements. Under Section 51183, the City may exempt from the defensible space requirements structures with exteriors constructed entirely of nonflammable materials. Section 51184 clarifies that certain open spaces preserved for environmental, habitat, or species protection are not subject to the defensible space requirements of Section 51182. Page 625 of 638 Item 8a 18 this includes 2,520 acres and 2,845 parcels in VHFHSZs, as designated in the 2025 FHSZ maps. Section 604 – Local Implementation The City is required to notify property owners within the VHFHSZ of the requirements within Government Code 51182. In late September, staff sent out a postcard to all affected property owners with information on defensible space requirements, the new rules that are anticipated to become effective January 1, 2026, and emergency preparedness information. The City has also updated its wildfire preparedness website with requirements for each zone, as well as evacuation information, the community wildfire protection plan, and other critical information. Fire Department staff also intend to host in-person workshops after implementation of the Zone Zero regulations designed to educate homeowners, general contractors, landscape contractors, arborists, and landscape architects on defensible space requirements. These sessions will be recorded and made available for virtual training as well. City staff have developed a comprehensive communications plan that includes key seasonal messages, such as spring preparation and red flag warnings. Staff’s outreach efforts will utilize social media, newsletters, town hall meetings, and local media , as well as flyers, checklists, and before-and-after visuals to promote fuel reduction. Fire Department staff also intend to assist communities within the City in obtaining a Firewise USA Community designation (discussed further below) and hold workshops for landscape contractors to train them in best practices. Given the significant expansion of the VHFHSZ areas (and, therefore, of defensible space requirements) within the City, staff’s intention is to lead with education and support for voluntary compliance. Neither the WUI code nor the Government Code mandates any particular inspection protocol, but Government Code 51186 does require the City to notify property owners who are in violation of the defensible space requirements of Government Code 51182 and authorizes (but does not mandate) the City to correct the violations at the property owner’s expense. Staff recommends pursuing administrative enforcement of the WUI code where enforcement steps become necessary. Chapter 6 of the WUI Code mandates compliance with the defensible space requirements of Government Code § 51182 and Section 1299.03 of Title 14 of the California Code of Regulations (which includes [or will include] the specific requirements for each “Zone,” as discussed above). This covers all applicable defensible space requirements that a property owner within the VHFHSZ will be expected to comply with. The City will be authorized to administratively enforce violations of the Building, Fire, and WUI Code, once adopted and codified by reference in Title 15 of the SLO Municipal Code. The City can, in its adoption of the WUI Code, make explicit that violations thereof are citable as violations of the municipal code. Administrative enforcement involves issuing Notices of Violation /Notices to Correct and, if necessary, administrative citations and fines. Page 626 of 638 Item 8a 19 Key Finding: Adoption of the WUI Code as-is will give property owners within the VHFHSZ sufficient clarity about what is required of them without additional amendments to or modification to the code language. Adoption of the WUI Code w ill also give the City the tools it needs to educate the community and, if necessary, enforce violations as the community adjusts to the drastically expanded applicability of these defensible space requirements. Strategic Next Step #7: Include an amendment clarifying that the City will enforce Chapter 6 of the WUI Code (including referenced defensible space requirements) administratively pursuant to Administrative Code Enforcement Procedures of the City’s Municipal Code (Chapter 1.24). As noted above, neither the Government Code nor the WUI Code mandate any particular type of defensible space inspection. However, the City is required to “notify” prop erty owners in the VHFHSZ of violations of the defensible space requirements of Government Code 51182. The City may either proceed with this notification via a complaint- based/reactive inspection program (as is typical with other code enforcement activitie s), a proactive/mandatory inspection program, a voluntary/self -refer inspection program, and/or inspections upon sale of real property.  Complaint-based (“reactive”): Under this system, the Fire Department would respond to complaints received by community members of violations of defensible space. Inspections could proceed under the existing administrative procedures of Chapter 1.24 and/or the Fire Code (as adopted by the City). The Fire Department would have the discretion to notify the property owner of the violation and educate them of the defensible space requirements, or to escalate enforcement (e.g., Notices of Violation and administrative citations) if necessary.  Mandatory (“proactive”): A proactive inspection program would require regular fire inspections for all properties within the VHFHSZ to ensure compliance with applicable defensible space requirements. Staff is not recommending a mandatory inspection program at this time.  Voluntary: A voluntary inspection program would allow property owners to request inspections of their own properties. Each Defensible Space Inspection would be customized to meet the specific needs of the homeowner seeking guidance. At this time, the Fire Department is prepared to offer a fee-based voluntary inspection program. Staff have identified the Supplemental Fire Inspection fee (currently $282.34) as an applicable existing fee that can cover the staffing resources required for a Voluntary Inspection Program. Staff will monitor the cost of offering voluntary inspections and will recommend adjustments to the fee if and when necessary. The Fire Department was recently awarded a FEMA Fire Protection and Safety Grant to support these inspections by training current staff, supporting two additional interns, and providing necessary equipment to cover the initial stages of an inspection program (discussed further in the Fiscal Impact section below.) Staff will continue to pursue external funding to support, and hopefully subsidize the inspection costs for property owners. Page 627 of 638 Item 8a 20  Inspections upon sale: California Assembly Bill 38 (2021) (“AB 38”) authorizes local jurisdictions to require sellers of single-family residential properties within a VHFHSZ to obtain documentation, upon sale, that the property is in compliance with the jurisdiction’s defensible space requirements. If the City required this documentation, the City would also likely need to offer the “AB 38 inspections” in order for sellers to provide this documentation. As the City does not, by ordinance, require this compliance documentation, the City does not need to conduct AB 38 inspections at this time. If the City chooses to adopt a local Vegetation Management Ordinance (commonly known as a Defensible Space Ordinance), then the City may need to provide AB 38 inspections. AB 38 does not directly address whether fire agencies may charge a fee to the property owner/seller to offset the cost of defensible space inspections. However, multiple agencies have adopted AB 38 defensible space inspection fees, including the City of Murrieta, Los Angeles County, Woodside Fire Protection District, and the City of Berkeley (reinspection only.) The City does not currently have an AB 38 inspection fee established. Key Finding: Staff recommend pursuing a complaint-based or reactive inspection program, as is typical with other code enforcement activities in the City. This approach will enable staff to prioritize limited resources on community educatio n in the near term, and on supporting a voluntary, fee-for-service based inspection program. Additionally, as the City does not currently have a Defensible Space Ordinance, the City is not currently obligated to provide AB 38 inspections at this time. Strategic Next Step #8: Enforce state-adopted defensible space requirements in the VHFHSZ using a complaint-based/reactive method, with an initial objective of education. Strategic Next Step #9: The Fire Department will offer a fee-based voluntary inspection program and will continue to seek external funding that would allow the City to subsidize the cost of voluntary inspections for property owners. Strategic Next Step #10: Do not perform AB 38 inspections upon the sale of real property in Very High or High FHSZs at this time. Other requirements of Chapter 6 (Sections 605 – 612) Chapter 6 also includes various other fire protection requirements related to spark arrestors (Section 605)17, liquified petroleum gas (Section 606)18, storage of firewood and other combustible materials (Section 607)19, building siting and setbacks (Section 608)20, 17 Spark Arrestors are required for chimneys that utilize solid or liquid fuel. 18 Liquified Petroleum Gas containers and tanks shall be located within defensible space only in accordance with the California Fire Code and have a minimum clearance of 10 feet from fire-safe vegetation. 19 Storage of Firewood and other Combustible Materials either needs to be located within an enclosed structure or completely covered by fire-resistant material or located 30 feet from any structure. 20 Due to the urban nature of the City, most of the properties located within the VHFSZ qualify for reductions from Building Siting and Setbacks, as long as the property includes alternative methods to reduce structure -to-structure ignition by incorporating protective features such as, but not limited to: (1) Noncombustible block walls or fences; or (2) Noncombustible material extending 5 feet from the furthest extent of the building; or (3) Hardscape landscaping; Page 628 of 638 Item 8a 21 ridgelines and fuel breaks (Section 609)21, Fire Safe Development Regulations (Section 610)22, Subdivision Review Surveys (Section 611)23, and General Plan Safety Elements (Section 612)24. These provisions do not represent new regulations but are carried over from Chapter 49 of the 2022 Fire Code. These sections apply only in the VHFHSZ. Sections 605, 606, 607, 609 and 611 apply to both existing buildings and subdivisions and new construction in VHFHSZs. Sections 608 and 610 apply only to new construction in VHFHSZs. Section 612 applies to the General Plan for entire City. Sections 605 - 612 – Local Implementation As these sections of Chapter 6 are carried over by the 2022 Fire Code, no further action is needed at this time to implement them locally. Potential Local Amendments to the State WUI Code The above discussion describes how the substantive components of the WUI Code would apply if the City adopted it as-is; that is, without any amendments or adoption of optional appendices. The following section provides alternatives available to the City. Staff do not currently recommend proceeding with any of these alternatives. Alternatives include:  Alternative 1: Adopt More Restrictive Building Standards. The City may adopt “more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions.” The City has already evaluated and amended prior iterations of the California Building Code and adopted additional building standards as a “Community at Risk,” as discussed above. Those standards will now apply throughout the City and staff believe this is sufficiently protective in light of the City’s climatic, geological, and topographical conditions.25 or (4) A reduction of exposed windows on the side of the structure with setback less than 30 feet; or (5) The most protective requirements in Chapter 5 of the WUI code. 21 The City is required to assess and enforce, if necessary, ridgelines and fuel breaks (as those terms are defined in the WUI Code) 22 Fire Safe Development Regulations shall be applied to all residential, commercial and industrial building construction located within the VHFSZ as specified in Title 14, Division 1.5, Chapter 7, Subchapter 2. 23 The California State Board of Forestry and Fire Protection shall complete a Subdivision Review Survey within the VHFSZ to identify existing subdivisions without a secondary egress route that are at significant fire risk and provide recommendations to the City to improve the subdivision’s fire safety. Currently, the State Fire Marshals' Office is working with SLO Fire Department inspectors to identify Subdivisions within the VHFHSZ with only one access route. The State Fire Marshals' office is expected to have reviewed these subdivisions through their GIS program and then confer with SLO Fire in January 2026. Once all subdivisions are appropriately identified, another individual from the State Fire Marshals' office will do a site visit in the coming months to provide recommendations to the City. This process is expected to take approximately three to four months in total. 24 The General Plan Safety Element is to be reviewed and updated as necessary to address the risk of fire within VHFSZ and submitted to the Board of Forestry and Fire Protection and local fire agencies for review. Recommendations from the Board or local agencies shall be considered by the City, prior to adoption of any updates / amendments to the Element. 25 State law allows the City to adopt standards more restrictive than the California Building Code across multiple code areas. As an example, the City has historically adopted more restrictive standards for building energy use. As discussed at the July 15, 2025 study session on this topic, staff anticipates proposing several energy efficiency standards that are more restrictive than the state code as part of the 2025 California Buil ding Code update, which will be presented for Council’s consideration later this year. Page 629 of 638 Item 8a 22  Alternative 2: Expand Designated WUI Areas. The City may designate additional areas as “WUI areas,” expanding the scope of the WUI Code’s substantive provisions. This is because “wildland-urban interface area” is defined in the WUI code as “a geographical area identified by the state as a ‘Fire Hazard Severity Zone’ in accordance with…Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires.” The WUI area already includes all FHSZs but could include additional areas if identified and adopted by the City. Staff is not recommending the expansion of the WUI area at this time. The 2025 state fire maps exponentially expanded the FHSZ areas within the City covered by an FHSZ – as such, the WUI area now covers 64% of the total City acreage. However, because Chapter 5’s building hardening requirements apply throughout the City (because of the Community at Risk designation) and Chapter 6’s defensible space regulations apply to only the VHFHSZ, expanding the WUI area would only expand the applicability of fire access and water supply standards of Chapter 4.  Alternative 3: Adopt Supplemental Fire Protection Measures (Appendix A of the WUI Code). The City may adopt the optional Appendix A of the WUI Code to provide fire protection measures supplemental to those found in Chapter 6. Appendix A includes detailed requirements for vegetation control; authority for the code official to close wildland-interface areas in times of high fire danger; control of outdoor fires, fireworks usage and other sources of ignition; storage of hazardous materials and combustibles, hazardous waste dumping; disposal of ashes and coals in wildland-urban interface areas; protection of pumps and water supplies; and prohibitions on temporary uses (e.g., fairs, carnivals, and temporary exhibitions) within the wildland-urban interface areas without a permit from the Fire Chief. Staff does not recommend adopting Appendix A at this time. In some cases, this is because the City’s current regulations cover the contents of Appen dix A (e.g., the City’s Municipal Code allows for closing open space access during high fire hazard times). Additionally, the regulatory requirements set forth by the new FHSZ map and WUI Code already present significant financial burdens for community members and capacity constraints for the City. However, staff plan to reevaluate the potential value of Appendix A over time.  Alternative 4: Adopt State established Vegetation Management Plan Requirements (Appendix B of the WUI Code). The City may adopt the optional Appendix B to provide state established criteria for Vegetation Management Plans. If Fire Protection Plans are required by a code official for large new developments in VHFHSZs (see Strategic Next Step #5), Vegetation Management Plans are a required component of Final Fire Protection Plans and would describe how a property owner will maintain proposed landscape in compliance with regulations over time. Staff do not recommend adopting Appendix B, which would unnecessarily create a “one size fits all” prescription for vegetation management plans for all types of buildings and projects, whether commercial or residential and regardless of other unique and relevant factors. Instead, Community Development and Fire Department staff recommend developing City-specific guidance for permit applicants on how to best demonstrate their plans for ongoing maintenance of defensible space when a vegetation management plan is required as part of the Page 630 of 638 Item 8a 23 building permit process. This will allow requirements to be tailored to the unique needs of various types of properties and projects and ensure that the plans are effective but not overly burdensome. Community Development and Fire Department staff will develop this guidance prior to January 1, 2026, and it will be provided to applicants during the building permit process. Key Finding: Each substantive chapter of the WUI Code will require adjustments to how City staff, applicants, and property owners evaluate and develop properties located within the applicable zones (or, in the case of building hardening requirements, citywide). Complying with the “as-is” requirements of the WUI Code, without additional local amendments, will require significant changes that will help ensure that the community is taking the necessary steps to prepare for and mitigate the risks and effects of wildfires. In order to ensure proper implementation of new requirements given current resources, the City should adopt the WUI Code without additional local amendments. Strategic Next Step #11: Adopt the WUI Code without substantive local amendments to its requirements. Strategic Next Step #12: Community Development Department and Fire Department staff will develop guidance and requirements for vegetation management plans as part of the building permit application process, to be available by January 1, 2026. Other Considerations The WUI Code and the FHSZ maps have wide reaching effects. This section identifies several topical areas that will be affected by adoption of the se items, including risk mitigation, real estate disclosures, and city policies. Risk Mitigation & Insurance Much of the public inquiry received by the Fire Department has been related to what property owners can do to make sure they retain their fire insurance. There is no particular set of requirements the City could impose that would guarantee retention of fire protection coverage. Staff encourage property owners to contact their insurance companies directly, since wildfire coverage and/or discounts may require fire protection measures beyond those required under the WUI Code or Government Code § 51182. According to the California Department of Insurance, there are certain actions under the Safer from Wildfires program that can qualify property owners for insurance discounts. Property owners are encouraged to visit the CA Department of Insurance’s Safer from Wildfires webpage for a complete list of action items and more information. Some of these actions include:  Class-A fire rated roof  5-foot ember resistant zone, including fencing  Ember- and fire-resistant vents  Enclosed eaves Page 631 of 638 Item 8a 24  Upgraded windows  Defensible space compliance Additionally, community-level mitigation designation (such as Firewise USA designation by the National Fire Protection Association or Fire Risk Reduction Community designation by the California Board of Forestry) is a mandatory factor insurers must consider in their wildfire risk models. Firewise communities learn about wildfire risks and are provided with additional resources to ensure their community is assessed adequately for vulnerabilities. Firewise communities are self-sufficient and draw very few resources from City employees. Firewise communities also have special access and priority to funding and grant assistance programs for fuel mitigation and wildfire safety26. There are currently no Firewise USA communities within the City27. The City of San Luis Obispo applied for and received recognition on the Fire Risk Reduction Community List in 2024 and will be reapplying this fall for designation in 2026. This designation is given to cities with VHFHSZs that meet best practices for local fire planning. Fire Risk Reduction Communities are prioritized for Cal Fire wildfire prevention grants. Additionally, insurance companies are required to consider a community’s designation as a Fire Risk Reduction Community, which may result in maintained coverage or possible insurance discounts. Real Estate Disclosures As discussed above, the 2025 FHSZ maps dramatically increased the number of parcels within High and VHFHSZs. As a result, many additional property owners within the City will be required under existing state law to make certain disclosures upon transfer of real property. Persons selling property within a VHFHSZ are required to disclose to any prospective purchaser that the property is located within a VHFHSZ and subject to the requirements of Government Code section 51182 (Government Code § 51183.5.). Persons selling single-family residential property with a High or VHFHSZ that was built before 2010 must disclose that the property is in a High or VHFHSZ (whichever applies), along with a list of low-cost home hardening retrofits and disclosure of features of the home (if any) that make the home particularly susceptible to wildfire. See Civil Code section 1102.6f for complete details of the required disclosure. These disclosure requirements apply as a result of existing state law and do not require any additional action from the City. Other City Policy Implications General Plan Adoption of the updated FHSZ map and WUI Code will require amending the General Plan and also expands the applicability of existing General Plan policies as follows: 26 Firewise communities that are USAA members in California may also get discounts on homeowner insurance by being recognized as a Firewise USA site. For information on how to become a fire-wise community, residents should visit the CalFire Firewise Communities website. 27 The closest Firewise community is San Luis Bay Estates in Avila Beach. See all Firewise USA communities here. Page 632 of 638 Item 8a 25  General Plan Amendment: Pursuant to Government Code 65302(g)(3), the City must update its Climate Adaptation and Safety Element of the General Plan in light of the expanded designation of VHFHSZs. There is no mandated timeline for this update; however, the City must submit a draft update to the State Board of Forestry and Fire Protection at least 90 days prior to adoption and to the California Geological Survey of the Department of Conservation (“Geological Survey”) at least 45 days prior to adoption. The Geological Survey and the Board of Forestry may recommend changes which the City Council must consider and respond to in accordance with Government Code 65302.5.  Subdivision Policy: The Climate Adaptation and Safety Element of the City’s General Plan, Policy FI-5.2 (summarized in the Policy Context above), curren tly prohibits subdivision within VHFHSZs. Under this policy, any project that includes a subdivision within a VHFHSZ would be required submit an application for a General Plan amendment for the City’s consideration. The adoption of the updated FHSZ map substantially increased the number of parcels that are subject to this policy.  Specific Plan Impacts: With the adoption of the updated FHSZ map, the majority of the Froom Ranch Specific Plan area is now designated VHFHSZ, thereby prohibiting development as previously contemplated in the Plan. A Specific Plan amendment, and corresponding General Plan Climate Adaptation and Safety Element amendment, would be needed to allow previously contemplated development in the VHFHSZ areas of Froom Ranch Specific Plan. Staff is currently working with the applicant on this identified issue.28 Key Finding: The Climate Adaptation and Safety Element must be updated under state law to reflect the new FHSZs and will require revision if the City intends to allow subdivisions within the VHFHSZ. The Froom Ranch Specific Plan will require revision if the City intends to allow development within VHFHSZs in the Froom Ranch Specific Plan area. Strategic Next Step #13: Amend the Climate Adaptation and Safety Element of the General Plan as required by Government Code section 65302 to reflect the updated FHSZ maps. 28 The Froom Ranch Specific Plan, Policy 7.4.1, states that “Development will not occur in the Local Very High Fire Hazard Severity Zone.” In 2020, at the time of the Froom Ranch Specific Plan adoption, only 13 acres of the Froom Ranch site within the upper western terrace near the Irish Hills Na tural Reserve were designated VHFHSZ, with the remaining 102 acres designated Moderate FHSZ. All development was designed to avoid higher elevation areas of VHFHSZ, as analyzed in the Froom Ranch Environmental Impact Report, and an Open Space Easement has since been recorded for this area. Upon adoption of the updated FHSZ Maps in June 2025 as discussed above, the majority of the Froom Ranch Specific Plan area is now designated VHFHSZ, thereby prohibiting development as previously contemplated. Future development in a VHFHSZ with the Froom Ranch Specific Plan area will require an application for a Specific Plan amendment for the City’s consideration. Page 633 of 638 Item 8a 26 Strategic Next Step #14: Agendize a study session to reevaluate the prohibition on subdivisions within the VHFHSZ and discuss possible amendments to the Climate Adaptation and Safety Element of the General Plan29. Tree Ordinance While staff have not identified any direct conflicts between the Tree Ordinance and the new WUI Code requirements, staff is assessing the Tree Ordinance in order to determine what changes may be necessary to address any policies, requirements, or provisions that may act as a barrier to encouraging fire safety. Staff intends to recommend to Council a code revision that clarifies the tree removal process that would apply if a tree must be removed in order to comply with the WUI code and Government Code § 51182. This may be a standalone amendment to the Tree Ordinance or part of a comprehensive update to that Ordinance. Staff have set a goal of completing the amendments by early 2026. Key Finding: The City’s Tree Ordinance is not directly inconsistent with the WUI Code, but tree removals necessary for WUI Code compliance could be streamlined to reduce the burden on property owners. Strategic Next Step #15. Amend the Tree Ordinance to clarify the tree removal process for trees that must be removed under the WUI code. NEXT STEPS Staff requests that the Council review the Strategic Next Steps (replicated below) and direct staff to move forward with those recommendations as presented or as modified by the Council. Staff will return to Council in November to introduce adoption of the California Building Code (including the WUI Code) for final adoption in December and implementation in January 2026. Once the state finalizes the “Zone Zero” regulations, those regulations will be codified into state law and incorporated as defensible space requirements enforceable through the WUI Code. Once finalized, the “Zone Zero” requirements will take effect immediately for new construction, but existing structures will have three years from the date of adoption to comply with the requirements. Staff will develop and implement a communication strategy to inform the public of the ne w Zone Zero regulations, once they are finalized by the state. Strategic Next Steps: 1. Revise the definition of “Wildland-Urban Interface Fire Area” within Chapter 15.04 of the City’s municipal code to conform to the definitions provided by state law to include all FHSZs. 2. Include any necessary updates related to Chapter 4 of the WUI code in the City’s upcoming engineering standards update. 29 While Specific Plan changes will be necessary to accommodate the development of the Froom Ranch Specific Plan area, staff recommends considering this item upon request of the property owner, consistent with the discussions that staff and the property owner have had thus far. Page 634 of 638 Item 8a 27 3. Adopt Chapter 5 of the WUI Code as-is, carry over any local amendments to the building code that have previously been adopted by the City, and make necessary conforming amendments to existing provisions of Title 15 (e.g., references to Chapter 7A of the building code and clarifying that all building hardening requirements of Chapter 5 are applicable Citywide.) 4. Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. 5. Require new subdivision and large developments (as defined in Footnote 11) to provide Fire Protection Plans as described in Section 602 of the WUI Code as part of the building permit process. 6. Require a Landscape Plan for all new landscaping associated with a project that requires a building permit within a VHFHSZ. 7. Include an amendment clarifying that the City will enforce Chapter 6 of the WUI Code (including referenced defensible space requirements) administratively pursuant to Administrative Code Enforcement Procedures of the City’s Municipal Code (Chapter 1.24). 8. Enforce state-adopted defensible space requirements in the VHFHSZ using a complaint-based/reactive method, with an initial objective of education. 9. The Fire Department will offer a fee-based voluntary inspection program and will continue to seek external funding that would allow the City to subsidize the cost of voluntary inspections for property owners. 10. Do not perform AB 38 inspections upon the sale of real property in Very High or High FHSZs at this time. 11. Adopt the WUI Code without substantive local amendments to its requirements. 12. Develop guidance and requirements for vegetation management plans as part of the building permit application process, to be available by January 1, 2026. 13. Amend the Climate Adaptation and Safety Element of the General Plan as required by Government Code Section 65302 to reflect the updated FHSZ maps. 14. Agendize a study session to reevaluate the prohibition on subdivisions within the VHFHSZ and discuss possible amendments to the Climate Adaptation and Safety Element of the General Plan. 15. Amend the Tree Ordinance to clarify the tree removal process for trees that must be removed under the WUI code. PREVIOUS COUNCIL ACTION  June 17, 2025 - Council adopted Ordinance No. 1748 (2025 Series), which codified the updated wildfire maps and designated Moderate, High, and Very High FHSZs within the City. Council also directed staff to return with a study session on the topic ahead of the 2025 Building Standards Code Update. This adoption date follows the first reading of the ordinance, which occurred on June 3, 2025.  January 17, 2023 – Council adopted the Climate Adaptation and Safety Element of the General Plan, which established wildfire and WUI policies and programs as described in the report.  March 6, 2012 – Council adopted Resolution No. 10337 (2012 Series), which updated the General Plan to include new wildfire related maps and policies, and Page 635 of 638 Item 8a 28 introduced Ordinance No. 1575 (2012 Series), which applied certain fire prevention standards via the building code to structures not within the VHFHSZ. PUBLIC ENGAGEMENT The City engaged the community in Spring 2025 when CALFIRE released the draft Fire Hazard Severity Zones. This included public information sessions, e-notifications, a topic on Open City Hall seeking public input, social media posts, a Study Session with Council, public hearings, and more. This resulted in a significant amount of community engagement. In fact, the e-notification announcing adoption had more opens than any other email communication sent to subscribers during the summer months, and the Open City Hall topic had 180 visitors and 44 responses, which equates to about 2.2 hours of public comment at 3 minutes per response. The input provided staff with a better understanding of community concerns about how the new Fire Hazard Severity Zones would affect everything from split parcels to future affordability, including insurance and the work required to comply with defensible space and home hardening regulations. The feedback also demonstrated that the community has high expectations for information around the state and local requirements and expectations of property owners. Leading up to October 2025, the City of San Luis Obispo launched a public information effort to raise awareness of this study session discussion among interested and impacted community members. This included a postcard that was mailed directly to addresses located in Very High Fire Hazard Severity Zones, dedicated information on the City’s website, mentions in various social media posts from the Fire Department and the main City Government accounts, a news release to encourage local media coverage, e- notifications to interested community members, direct email communications from the Fire Department to interested and impacted community members, printed flyers, and more. On September 24, 2025, the Fire Department was approved for award of a Fire Prevention and Safety (FP&S) grant through FEMA to support community-level wildfire preparedness outreach and education. Fire Department staff will return to Council on October 21, 2025, for authorization to accept the award in the amount of $57,671.42. Following the study session, the City will launch a public information effort based on the City’s Public Engagement and Noticing Manual to help property owners understand and comply with new and existing statewide requirements for defensible space and home hardening in recently adopted FHSZs, based on the new WUI Code. The public information plan will focus on ensuring that homeowners, business owners, and community partners clearly understand their responsibilities under the State’s WUI Code, including the new Zone Zero regulations once they are finalized by the state . Public outreach tools will include digital communications, direct mail, print materials, events and informational meetings, media and advertising, and outreach through trusted community- based organizations and industry partners. Page 636 of 638 Item 8a 29 CONCURRENCE This report has been prepared by staff from the Fire, Utilities, Community Development, Public Works, Administration, and City Attorney departments, and they concur with the information and recommendations presented in this report. ENVIRONMENTAL REVIEW The recommended action (to receive a presentation and conduct a study session) is not subject to environmental review because it is not a “project” under CEQA Guidelines 15378. Adoption of the WUI Code, including permissible amendments, would be statutorily exempt from CEQA under Public Resources Code §21080.49 (wildlife risk reduction projects). FISCAL IMPACT Budgeted: Yes Budget Year: 2025-26 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $ $ State Federal Fees Other: Total $0 $ $ $ There is no net fiscal impact associated with receiving and filing the report. However, there will be costs associated with implementing the changes required by State law. The exact costs are unknown at this time but include staff time to develop and carry out new processes and procedures, complete training related to the new codes, and conduct outreach and education to the public about the changes. The changes to the development review process (such as building permit review) may result in additional time required to review building permits to ensure compliance with the new regulations. Because staff are recommending that new construction projects in VHFHSZs that include landscaping (estimated at 25-40 applicable projects per year) include landscape plans, the City will need to allocate staff time and resources to review these plans and to evaluate compliance as part of the final inspection. Additionally, the Fire Department will provide final inspections on these permits, which would be subject to the City’s existing $329.04 fee for Supplemental Plan Review to recoup the cost of staff time. This fee is adjusted each July 1, by the annual change to CPI, in accordance with Section 2 – User Fee Cost Recovery Goals of the Council-adopted Fiscal Policies. By Page 637 of 638 Item 8a 30 policy, staff is to review all user and regulatory fees every three years as a part of Citywide fee studies, to ensure that fees are set at a level to recover the cost of providing various services. Existing staffing resources are sufficient to provide complaint-based inspections. If non- compliant property owners do not comply with the law in the stipulated time frame, they would be cited and fined as per the administrative citation process. For voluntary inspections, staff have identified the Supplemental Fire Inspection fee30 as an applicable existing fee that can cover the staffing resources required for a Voluntary Inspection Program. The Fire Department is also actively seeking outside funding to support such a program. ALTERNATIVES Council may choose to provide direction to staff to modify any of the Strategic Next Steps identified in the report. The Strategic Next Steps reflect staff’s recommendations as supported by the discussion and the Key Findings in the report. Council may choose to modify any of the recommendations related to adoption of the WUI Code. Staff will incorporate Council’s direction when returning in November to introduce an Ordinance adopting the Building Standards Code (including the WUI Code). Council may also modify any of the Strategic Next Steps related to the implementation of the WUI Code or to the impacts of the WUI Code on existing City policies, including the Climate Adaptation and Safety Element, the Safety Element, and the Tree Ordinance. The Safety Element of the General Plan must be updated to reflect the new FHSZ maps , but the Government Code does not require this to be done by any particular deadline. Council may direct staff to adopt local amendments to the WUI Code and/or adopt optional appendices. These options are discussed on pages 20-22 of this report. Staff recommend that adoption of the WUI Code as-is would provide the community sufficiently clear and protective guidelines. However, if Council directs staff to adopt local amendments and/or optional WUI Code appendices, that direction will be reflected when staff returns in November to introduce an Ordinance adopting the Building Standards Code (including the WUI Code). 30 If staff finds that these inspections are consistently greater than the 1.5 hours contemplated by the Supplemental Fire Inspection fee, the fee may need to be revisited. Page 638 of 638 Wildland Urban Interface (WUI) Code, Building Hardening, and Defensible Space Regulations Study Session City Council Study Session –October 7, 2025 1 Recommendation 1.Receive a presentation on the 2025 California Wildland Urban Interface (WUI) Code, including defensible space requirements; 2.Direct staff to return to City Council to adopt the WUI code as-is, and provide direction on strategic next steps pertaining to WUI code implementation; and 3.Provide direction on strategic next steps on the City’s approach to community education, inspections, and enforcement of the WUI Code and other considerations, including real estate disclosures, risk mitigation, and the effects of the 2025 Fire Hazard Severity Zone maps and statewide codes on existing City policies. 2 Previous il Action 3 Background 3 Policy Context Adoption of CAL FIRE’s 2025 Fire Hazard Severity Zone Maps •Ordinance 1748 (2025) adopted new FHSZ designations 2025-27 Major City Goal Work Program •Implement State Fire Hazard Severity Zone Maps and related requirements (tasks 4.1.c and 4.1.d) •Adopt and implement the 2025 Buildings Standards Code, which includes the WUI Code (task 4.3.c) Climate Adaptation and Safety Element of the General Plan •Fire Smart Buildings and High or Very High FHSZs (FI-5.2) •WUI Defensible Space & Home Hardening Program (FI-5.15) •Fire Protection Plans for New Development (FI-5.19) 4 California maps Fire Hazard Severity Zones (FHSZs) based on factors such as fuel, slope, fire weather, and (since 2025) wind and ember cast. •March 10, 2025: California released updated FHSZ maps for San Luis Obispo. •June 17, 2025: City Council adopted new designations Designations cannot be reduced by City Statewide Hazard Mapping 5 5 In 2025, the City went from 38 to 8,782 parcels in FHSZs. Fire Hazards are Increasing in San Luis Obispo City Parcels Designated in FHSZs (2025) Wildfire Risk in the WUI •Pre-1800’s, under indigenous stewardship California burned 4.5 million acres per year •Today, 12.7%of Californians live in a WUI zone •2025 Palisades and Eaton •30 fatalities •16,000+ structures destroyed •at least $28 billion in property losses 7 Photo by the Atlantic of the Palisades fire Four Components of Wildfire Risk Mitigating Wildfire Risk: Statewide Building Standards 9 9 WUI Code is Part 7 of 12 Parts Previous il Action 10 The California Wildland-Urban Interface Code 10 City Adoption: Requirements and Parameters 11 11 •City is required to adopt the WUI Code •Can only make more restrictive •Can assist in clarity •Staff's recommendation: •Adopt the WUI Code "as is" Definitions WUI: Wildfire Urban Interface Includes all Fire Hazard Severity Zones 12 Definitions FHSZ: Fire Hazard Severity Zones Includes Moderate (yellow), High (orange), and Very High (red) 13 Definitions VHFHSZ: Very High Fire Hazard Severity Zones 14 Definitions Fuel Modification Zones: Defined areas around a building with prescriptive defensible space objectives, including: •Zone 0 •Zone 1 •Zone 2 15 16 16 Chapter 3 WUI Areas Chapter 4 Fire Access and Water Supply Standards Chapter 5 Building Construction and Hardening Standards Chapter 6 Fire Protection Plans, Landscape Plans, and Defensible Space Applicable Zones All Fire Hazard Severity Zones (FHSZs) All Fire Hazard Severity Zones (FHSZs) Citywide Very High Fire Hazard Severity Zones (VHFHSZs) Applicable Scope Fire service access to subdivisions and new development New Construction + remodels on buildings built after July 1, 2008 New landscaping + existing landscaping within 100 feet of buildings Where does the WUI Code apply? 17 17 Chapter 3 – Designation of WUI Area 18 18 Chapter 3 – Designation of WUI Areas Strategic Next Step #1: Revise the definition of “Wildland-Urban Interface Fire Area” in the municipal code to include all FHSZ as defined by state law. 19 19 Chapter 4 – Fire Access and Water Supply Standards Strategic Next Step #2: Include minor WUI-code related updates in the City’s engineering standards update in Fall 2025 / Winter 2026 to align with the WUI Code. Chapter 4: Fire Access & Water Supply Standards 20 20 Applies to new development and construction in all FHSZs 21 21 Chapter 5 – Special Construction Regulations, Building Hardening Standards SLO FD at the Palisades Fire 22 Chapter 5: Why building hardening, defensible space, and access are essential Chapter 5: Special Building Construction Regulations Graphic by Beverly Hills Fire What is building hardening? 23 Protected | Graphic by Scientific American 180 24 Chapter 5: Special Building Construction Regulations What is building hardening? Meant to increase fire resistance of structures through requirements for: •Building materials •Roofs and eaves •Underfloor enclosure •Door and window 25 25 Chapter 5: Special Building Construction Regulations Applies to new development and construction citywide •New Buildings •Remodels/additions to homes built after 7/1/2008, and only the project area needs to comply. •Chapter 5 will only impact projects with building permit. Will not apply retroactively to existing structures if no changes to the structure are proposed. Building hardening compliance will be confirmed through building permit process (e.g. plan check and inspections). Will begin upon adoption of the WUI code on January 1, 2026. To support compliance, the City will continue to train internal staff and support ongoing education for external stakeholders. 26 26 Chapter 5: Special Building Construction Regulations 27 27 Chapter 5: Special Building Construction Regulations Strategic Next Step #3: a) Adopt Chapter 5 of the WUI Code as-is b) Carry over any local amendments to the building that have previously been adopted c) Make necessary conforming amendments to Title 15 28 28 Chapter 6 – Fire Protection Requirements: Vegetation Management, Landscape Plans, and Defensible Space Image source: USA Today 30 30 Chapter 6 focuses on mitigating fire hazards outside of buildings through: •Fire Protection Plans and Vegetation Plans for new development •Verification and enforcement of ongoing defensible space maintenance Chapter 6: Fire Protection Requirements Photo by CAL FIRE 31 31 Strategic Next Step #4: Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. Chapter 6: Fire Protection Requirements Applies to Very High Fire Hazard Severity Zones Fire Protection Plans (Section 602) Chapter 6: Fire Protection Requirements Applicable to new construction in VHFHSZs. The WUI Code authorizes the City to require a Fire Protection Plan for a new construction project in the VHFHSZ. 33 33 Chapter 6: Fire Protection Requirements Fire Protection Plans (Section 602) A Fire Protection Plan must address: •Size and nature of project •Map identifying fuel modification zones,proposed plants, access routes •Reducing vegetation around access and evacuation routes, common areas •Legally binding statements regarding community responsibility for maintenance of fuel zones •Fire Protection Plans are most applicable to subdivisions and larger scale developments •The City’s current entitlement review process for subdivisions and larger developments already requires information in a Fire Protection Plan 34 34 Chapter 6: Fire Protection Requirements Fire Protection Plans (Section 602) Strategic Next Step #5: Require Fire Protection Plans for subdivisions and larger scale development projects as part of the building permit process 35 35 Chapter 6: Fire Protection Requirements Fire Protection Plans (Section 602) Vegetation Plan (Section 603) Chapter 6: Fire Protection Requirements Also known as a “landscaping plan” Applicable to new construction and all new plantings in VHFHSZs. Landscape plan example provided by Ten Over Studio •Sets the standard for new plantings of vegetation in VHFSZ •Defines fire-smart vegetation (shrubs, trees) •Specifies planting distances and maintenance within 30 feet of buildings 38 38 Photo by Yana Valchovic Limb Branches Chapter 6: Fire Protection Requirements Vegetation Plan (Section 603) Strategic Next Step #6: Require a Landscape Plan for all new landscaping associated with a project that requires a building permit within a VHFHSZ. 39 39 Chapter 6: Fire Protection Requirements Vegetation Plan (Section 603) Maintenance of Defensible Space (Section 604) Chapter 6: Fire Protection Requirements Applies to all parcels including new and existing structures in VHFHSZs. 41 41 Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) 42 42 Fuel Modification Zones: Zone 0 = 0-5 ft (DRAFT): Ember- Resistant Zone around the structure, kept free of all combustible material. Zone 1 = 5-30 ft : Fuel Reduction Zone, where fuel is reduced and fire-resistant plants are used. Zone 2 = 30-100 ft: Reduced Fuel Zone, focuses on maintaining space and reducing vegetation height to slow fire spread, with increased spacing on slopes and where vegetation is more flammable Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) Zone 1 and Zone 2 regulations are enforceable now for all parcels in VHFHSZ. Zone 0 (DRAFT): •Will apply to new construction upon WUI code adoption •For existing buildings 3-year grace period for existing structures All new plantings in the VHFHSZ must comply with WUI code requirements for vegetation spacing, location, and defensible space. Compliance is required even if new vegetation is installed as part of routine maintenance, landscaping services, replanting gardens in the spring, etc. 44 44 Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) Strategic Next Step #7: Include an amendment clarifying that the City will enforce Chapter 6 administratively (including referenced defensible space requirements) 45 45 Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) Enforcement Options •Complaint-based (DSI-reactive) •Mandatory (DSI-proactive fee based) •Voluntary (DSI – fee based) •Inspection upon sale (AB 38 inspection) 46 46 Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) Strategic Next Step #8: Enforce state-adopted defensible space requirements in the VHFHSZ using a complaint-based/reactive method, with an initial objective of education 47 47 Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) 48 48 Strategic Next Step #9: The Fire Department will offer a fee-based voluntary inspection program and will continue to seek external funding to create a subsidy for voluntary inspections. Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) 49 49 Strategic Next Step #10: Do not perform AB 38 inspections upon the sale of real property in Very High or High FHSZs at this time. Chapter 6: Fire Protection Requirements Maintenance of Defensible Space (Section 604) 50 50 Chapter 3 WUI Areas Chapter 4 Fire Access and Water Supply Standards Chapter 5 Building Construction and Hardening Standards Chapter 6 Fire Protection Plans, Landscape Plans, and Defensible Space Applicable Zones All Fire Hazard Severity Zones (FHSZs) All Fire Hazard Severity Zones (FHSZs) Citywide Very High Fire Hazard Severity Zones (VHFHSZs) Applicable Scope Fire service access to subdivisions and new development New Construction + remodels on buildings built after July 1, 2008 New landscaping + existing landscaping within 100 feet of buildings Where does the WUI Code apply? One home spared on a street devastated by fire in Pacific Palisades From YouTube: https://youtube/Bm7247crWdM?si=gspnX7KGlpmBKP92 Previous il Action 52 Potential Local Amendments to the WUI Code 52 Key Findings: •Complying with the “as-is” requirements will require significant changes to help ensure the community is taking necessary steps to prepare for and mitigate the risks and effects of wildfires. •However, the City could adopt more restrictive building standards, expand designated WUI areas, and adopt supplemental appendices regarding Fire Protection Methods and/or Vegetation Management Plan Requirements. Potential Local Amendments to the WUI Code 53 53 •Strategic Next Step #11: Adopt the WUI Code without substantive local amendments to its requirements. •Strategic Next Step #12: Community Development Department and Fire Department staff will develop guidance and requirements for vegetation management plans as part of the building permit application process. Potential Local Amendments to the WUI Code 54 54 Previous il Action 55 Other Considerations 55 •Property owners concerned about retaining fire insurance; some may qualify for discounts. •SLO is still a Fire Risk Reduction Community; which means improved access to grants and potential insurance benefits for locals. Risk Mitigation and Insurance 56 56 •Sellers of property in a Very High and High must disclose the designation and related requirements. •Sellers of single-family homes in High or Very High FHSZs built before 2010 must disclose their zone, provide a list of low-cost hardening retrofits, and note any wildfire-vulnerable features. •These state law requirements are not new, but with adoption of the updated FHSZ maps, they apply to a much larger number of parcels/property owners Real Estate Disclosures 57 57 General Plan Update: The City must amend the Climate Adaptation and Safety Element to reflect expanded VHFHSZ designations. Subdivision and Specific Plan Impacts: Updated FHSZ maps expand parcels restricted from subdivision (Policy FI-5.2) and place much of the Froom Ranch Specific Plan in VHFHSZ, requiring General Plan and Specific Plan amendments to allow previously planned development. City Policy Implications 58 58 •Strategic Next Step #13: Amend the Climate Adaptation and Safety Element of the General Plan as required by Government Code section 65302 to reflect the updated FHSZ maps. •Strategic Next Step #14: Agendize a study session to reevaluate the prohibition on subdivisions within the VHFHSZ and discuss possible amendments to the Climate Adaptation and Safety Element of the General Plan. City Policy Implications (continued) 59 59 Tree Ordinance 60 60 The City’s Tree Ordinance is not directly inconsistent with the WUI Code but can be amended to facilitate WUI Code compliance and reduce the burden on property owners. Tree Ordinance 61 61 Strategic Next Step #15: Amend the Tree Ordinance to clarify the process for trees impacted by the WUI code. Previous il Action 62 Public Engagement 62 Public Engagement and Education 63 63 •Spring 2025: Extensive public engagement on draft FHSZs via sessions, Open City Hall, social media, and Council Study Sessions. •Pre-October 2025: Targeted outreach to affected residents and stakeholders through mail, digital communications, and media. 64 64 Public Engagement and Education Post-Study Session: Build awareness and reduce confusion about new requirements, and encourage compliance over time through: •Core City Communications Channels and Tools (e.g., slocity.org, news stories, email updates, social media campaigns, explainer videos on social media and Channel 20, media outreach, Ask SLO, etc.) •Partnerships (e.g., HOAs, landscapers’ networks, Downtown SLO, SLO Chamber of Commerce, Developer’s Roundtable, neighborhood groups and community-based organizations, trade associations, property management groups, etc.) •Paid advertisements: TV, radio, print, social media, online search, apps 65 Wrap up and Recommendations 66 Recommendation 1.Receive a presentation on the 2025 California Wildland Urban Interface (WUI) Code, including defensible space requirements; 2.Direct staff to return to City Council to adopt the WUI code as-is, and provide direction on strategic next steps pertaining to WUI code implementation; and 3.Provide direction on strategic next steps on the City’s approach to community education, inspections, and enforcement of the WUI Code and other considerations, including real estate disclosures, risk mitigation, and the effects of the 2025 Fire Hazard Severity Zone maps and statewide codes on existing City policies. Do you agree with the following strategic next steps? 1.WUI Code Chapter 3: Revise the definition of “Wildland-Urban Interface Fire Area” within Chapter 15.04 of the City’s municipal code to conform to the definitions provided by state law to include all FHSZs. 2.WUI Code Chapter 4: Include any necessary updates related to Chapter 4 of the WUI code in the City’s upcoming engineering standards update. 3.WUI Code Chapter 5: Adopt Chapter 5 of the WUI Code as-is, carry over any local amendments to the Building Code that have previously been adopted by the City, and make necessary conforming amendments to existing provisions of Title 15 (e.g., references to Chapter 7A of the building code and clarifying that all building hardening requirements of Chapter 5 are applicable Citywide.) 67 Council Feedback on Strategic Next Steps (1/5) Do you agree with the following strategic next steps? 4.WUI Code Chapter 6: Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. 5.WUI Code Chapter 6, Section 602: Require new subdivision and large developments to provide Fire Protection Plans as described in Section 602 of the WUI Code as part of the building permit process. 6.WUI Code Chapter 6, Section 603: Require a Landscape Plan for all new landscaping associated with a project that requires a building permit within a VHFHSZ. 68 Council Feedback on Strategic Next Steps (2/5) Council Feedback on Strategic Next Steps (3/5) Do you agree with the following strategic next steps? 7.WUI Code Chapter 6, Section 604: Include an amendment clarifying that the City will enforce Chapter 6 of the WUI Code (including referenced defensible space requirements) administratively pursuant to Administrative Code Enforcement Procedures of the City’s Municipal Code (Chapter 1.24). 8.WUI Code Chapter 6: Enforce state-adopted defensible space requirements in the VHFHSZ using a complaint-based/reactive method, with an initial objective of education. 9.WUI Code Chapter 6: Continue to seek external funding to support voluntary inspections 10.WUI Code Chapter 6: Do not perform AB 38 inspections upon the sale of real property in Very High or High FHSZs at this time. 69 Council Feedback on Strategic Next Steps (4/5) Do you agree with the following strategic next steps? 11. Potential Local Amendments to the State WUI Code: Adopt the WUI Code as-is without substantive local amendments. 12. Potential Local Amendments to the State WUI Code: Develop guidance and requirements for vegetation management plans as part of the building permit application process. 70 Council Feedback on Strategic Next Steps (5/5) Do you agree with the following strategic next steps? 13. Other Considerations: Amend the Climate Adaptation and Safety Element to reflect the updated FHSZ maps. 14. Other Considerations: Agendize a study session to reevaluate the prohibition on subdivisions within the VHFHSZ and discuss possible amendments to the Climate Adaptation and Safety Element of the General Plan. 15. Other Considerations: Amend the Tree Ordinance to clarify the tree removal process for trees that must be removed under the WUI code. 71 Questions and Discussion Appendix 74 74 Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space Fuel Modification Zone Requirements: Zone 0 = 0-5 ft (DRAFT) •Remove plants: Remove all grass, ornamental or native plants, shrubs and branches, with the exception of potted plants under certain conditions. •Maintain trees so there are no dead or dying branches, and all branches are 10 feet above the building’s roof, 10 feet away from chimneys and stovepipe outlets, and 5 feet away from the sides of any building. •Use hardscape materials like gravel, pavers, or concrete. No mulch or combustible bark. •Eliminate dead vegetation: Remove all dead and dying plants, weeds, and debris (leaves, needles, etc.) from the roof, gutter, deck, porch, stairways, and under any areas of the building. •Replace combustible fencing, gates, and arbors attached to building with noncombustible alternatives. •Remove combustible items including combustible boards, timbers, firewood, synthetic lawn, attached window boxes, and trellises. Consider relocating garbage and recycling containers, boats, RVs, vehicles, and other combustible items outside this zone. 75 75 Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space Fuel Modification Zone Requirements: Zone 1 = 5-30 ft (or to property line) •Clear all dead or dying plants, grass, shrubs, trees, branches, and weeds. •Regularly trim trees to maintain a 10-foot gap from others. •Maintain space between trees, shrubs, and flammable items like patio furniture. •Move all firewood and wood piles to Zone 2. •Ensure outbuildings and LPG tanks have 10 feet of clear space to bare soil and no flammable vegetation within an additional 10 feet around them. 76 76 Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space Fuel Modification Zone Requirements: Zone 2 = 30-100 ft (or to property line) •Clear all dead or dying plants, grass, shrubs, trees, branches, and weeds. •Regularly trim trees to maintain a 10-foot gap from others. •Maintain space between trees, shrubs, and flammable items like patio furniture. •Move all firewood and wood piles to Zone 2. •Ensure outbuildings and LPG tanks have 10 feet of clear space to bare soil and no flammable vegetation within an additional 10 feet around them. Zone 2 - Horizontal Clearance Requirements Zone 2 - Vertical Clearance Requirements Continuous Canopy Compliance Method for Zone 2 Link to Detailed FHSZ Map https://experience.arcgis.com/experience/a51155e46 d504bfab3b7a107c3eb6643/page/Planning/ Four Components of Wildfire Risk •Hazard:natural or built condition that has the potential to initiate or exacerbate wildfire exposure or spread •Probability:the likelihood or chance that a hazard event will occur within a given timeframe or under given conditions •Vulnerability:the susceptibility of exposed assets to suffer damage given the hazard event •Consequence: the outcome if the hazard occurs What is Home Hardening? Home-hardening is increasing the ignition resistance of your home thereby assisting in structural survivability. Best practices are... •Class A roof assembly •Enclosed eaves •Gutters, downspouts, and exterior doors made of noncombustible material •Exterior glazing •Ember resistant vents What is the WUI Code? Chapter Overview Roadmap: a)Chapter Applicability and Intent b)Code Content c)Local Implementation d)Key Findings and Strategic Next Steps The California Wildland-Urban Interface Code 83 83 Appendix Chapter 5 •Key Findings: Compliance with requirements of Chapter 5 related to ignition-resistant building materials and construction will be verified through the City’s building permit process upon adoption of the WUI code, starting January 1, 2026. No further action is needed. To support permit applicants and City plan reviewers, in the fall of 2025, the City will begin training internal staff on the WUI code and will continue to support ongoing external stakeholder education. •Strategic Next Step #3: Adopt Chapter 5 of the WUI Code as- is, carry over any local amendments to the building that have previously been adopted by the City, and make necessary conforming amendments to existing provisions of Title 15 (e.g., references to Chapter 7A of the building code and clarifying that all building hardening requirements of Chapter 5 are applicable Citywide.) Chapter 5 (Acontinued) 85 85 •Overview: States that WUI Areas in Local Responsibility Areas (LRAs) are to be mapped by the State Fire Marshal as FHSZs. •Key Finding: 2025 CAL FIRE maps designate High and Moderate FHSZs within the City, making the City’s definition of WUI Area outdated because it only includes Very High FHSZs. •Strategic Next Step #1: Upon adoption of the Building Code in November, revise the definition of “Wildland-Urban Interface Fire Area” within City’s municipal code to conform to the definitions provided by state law to include all FHSZs. Chapter 3: Designation of WUI Areas 86 86 Appendix Chapter 6 Section 602: •Overview: Chapter 6, Section 602 authorizes the code official to require a Fire Protection Plan for a new construction project in VHFHSZs. •Applicability: Section 602 is applicable to new construction in VHFHSZs. As the required elements of a Fire Protection Plan are most applicable to subdivisions and larger scale developments, staff recommends only requiring Fire Protection Plans for large scale developments, such as subdivisions, seeking building permits in VHFHSZs. Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space 88 88 •Overview: Chapter 6 defines how the City will inspect and verify that private property owners have adequately mitigated fire hazards for new construction on parcels in VHFHSZs, and sets forth specific requirements for managing or removing vegetation and combustible materials in a buffer around a structure. •Key Finding: Chapter 6 only applies to the VHFHSZ as described in the user notes in the beginning of the chapter, and as supported by other existing law such as Government Code 51182 and Section 1299.03 of Title 14 of the California Code of Regulations. •Strategic Next Step #4: Include an amendment to WUI Code Chapter 6 that clarifies that its provisions only apply to parcels in VHFHSZs. Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space 89 89 Sections 605-612: •Overview:These provisions do not represent new regulations but are carried over from various other locations:California Building Code, California Fire Code, or California Code of Regulations.These sections are related to spark arrestors (Section 605), liquified petroleum gas (Section 606), storage of firewood and other combustible materials (Section 607), building siting and setbacks (Section 608), ridgelines and fuel breaks (Section 609), Fire Safe Development Regulations (Section 610), Subdivision Review Surveys (Section 611 ), and General Plan Safety Elements (Section 612). •Applicability:No further action is currently required. 90 90 Chapter 6: Fire Protection Requirements Vegetation Management, Landscape Plans, and Defensible Space •Require new subdivisions and large developments to provide Fire Protection Plans as described in Section 602 of the WUI Code as part of the building permit process 91 91 Chapter 6: Fire Protection Requirements Visual Depiction of Current Zone 1 and Zone 2 for Residential Building Rural Home Compliant with Zone 0, 1, 2 Requirements Zone Zero Compliant Fence Five Pillars of Disaster Management 95