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HomeMy WebLinkAbout10/7/2025 Item 8a, Tuggle - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: October 7th, 2025 TO: Mayor and Council FROM: Todd Tuggle, Fire Chief VIA: Whitney McDonald, City Manager SUBJECT: ITEM 8a - WILDLAND URBAN INTERFACE (WUI) CODE, BUILDING HARDENING, AND DEFENSIBLE SPACE REGULATIONS Staff received the following questions, regarding Wildland Urban Interface (WUI) Code, Building Hardening, and Defensible Space Regulations. The questions are below with staff’s response shown in italics: 1. Can we obtain from CAL FIRE the individual model layers of the FHSZ maps as shown in the video "Methods for Creating Fire Hazard Severity Zone Maps" at this website? The individual GIS layers used in the model to develop the zones are available in the “Science and Method” section of the CAL FIRE FHSZ website. This section includes a document outlining the various model input data sources, with hyperlinks directing users to the authoritative data providers. An important note is that model layers are not readily accessible and the specific model settings are not disclosed. As a result, City GIS staff cannot replicate the methodology CAL FIRE applied to produce the final zones. Here is the direct link to the FHSZ Model Input Data Sources document. 2. Have the new FHSZ maps been put into the City GIS system? Can they be added as a layer in the parcel viewer? City staff have included the FHSZ layers on the City of San Luis Obispo web site parcel viewer. The Fire Hazard Severity Zones are viewable via this link. Please note that the FHSZ layers are turned off in the application by default , but can be turned on by clicking the “eye” icon in the map layers column. A screenshot has been provided for reference. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 2 3. Since upgrades to existing homes, like the removal of flammable trees in close proximity to residences, will be costly, are there any reimbursements (state or local) or recommendations for lower-cost contractors? The WUI Code does not include a specific code requirement for the removal of existing trees (including Non-Fire Smart trees), only the requirement for maintenance thereof. The City is NOT advocating for or advising to remove otherwise healthy trees. Property owners are required to maintain the trees currently on their properties. Should property owners choose to remove Non-Fire Smart trees (such as Junipers or fibrous palms), there is currently no General Fund budget to reimburse property owners for defensible space work on their properties. Staff will continue to seek external resources to support defensible space work in the community, and as recently as September 2025, the City applied for a grant to support a pilot project wherein a community-based organization/s could perform defensible space work for low-income and otherwise vulnerable community members. 4. How can the City advocate to the state for financial support to help offset costs borne by residents and the local community? The City has and will continue to advocate for its residents at the state level. In anticipation of the new FHSZ maps, Council expanded the City’s 2025 Legislative Advocacy Platform to include new sections supporting funding for wildfire -mitigation and defensible-space efforts. Through its partnership with the League of California Cities (Cal Cities), the City continues to engage with legislators and state agencies to promote policies that reduce local cost burdens, enhance program flexibility, and ensure new wildfire-resilience requirements are practical and equitable. Consistent with these priorities, the City submitted letters of support for bills including AB 1 and AB 888, which strengthen insurance fairness and provide funding for defensible-space and home-hardening projects. Cal Cities has also helped advance related legislation (AB 1143, SB 326, SB 616) to improve statewide wildfire -risk mapping and community-level resilience standards, all of which are now on the Governor’s desk for final action. As the Board of Forestry and Fire Protection finalizes new Zone Zero regulations, Cal Cities is closely monitoring the rulemaking process, alongside fire chiefs and local gover nment partners. Their advocacy focuses on ensuring that defensible-space regulations are practical, science-based, and coordinated with local inspection capacity. Should Council direct staff to do so, the City could also submit feedback directly to the Boa rd of Forestry and Fire Protection to provide our local perspective during the final rulemaking process. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 3 5. What deadlines for existing homes in the new high -severity zone are you contemplating for the commencement of ordinances & fines, so we have time to plan and pay for? The only part of the 2025 WUI code that applies to existing buildings is defensible space requirements, which only apply in the Very High Fire Hazard Severity Zone. Defensible space requirements under Government Code §51182 have applied to properties in the VHFHSZ since adoption of the new FHSZ maps in July. The WUI code will become effective on January 2, 2026. These regulations will impose vegetation maintenance requirements upon the areas within 30 feet of an existing building (“Zone 1”) and within 30-100ft from the building (“Zone 2.”) Staff recommend leading with education and using a complaint-based approach to enforcement. This means that if the Fire Department receives a complaint that vegetation is not compliant with state code on a particular property, a Fire Department inspector would visit the property. Staff recommend starting the enforcement process with education and a warning. The forthcoming Zone 0 requirements, which are currently in draft form on the state level, are anticipated to take effect on January 2, 2029 . Zone 0 requirements, which focus on creating an ember resistant zone in the five feet closest to a structure, would go into effect immediately for new construction and new plantings, but existing buildings would have 3 years to come into compliance (expected date is currently January 2, 2029). Staff recommend enforcing Zone 0 like other defensible space requirements. Existing trees within Zone 0 shall be maintained so that there are no dead or dying branches. All live tree branches shall be maintained five feet above the adjacent building or structure’s roof, ten feet away from chimneys and stovepipes and five feet away from the sides of any building or structure. There is also an exception for single species of trees that are well pruned and maintained so as to effectively manage fuels and fuel ladders. The Fire Department will work with community members to understand the importance of defensible space and help prioritize actions property owners can take before Zone 0 defensible space requirements come into effect for existing buildings in early 2029. The Fire Department will not seek to penalize property owners, but to help people better understand their risks and help property owners implement critical mitigations that will reduce the impacts of future wildfire exposures. These actions also help improve the potential for fire response personnel to safely fight a wildfire on the property and take defensive fire actions. Making a home safe for fire response is a critical action that can help protect the home, family, and community. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 4 6. Are we to assume that when San Luis Obispo develops its own defensible space requirements, all existing properties in addition to new buildings and remodels within very high and high fire severity zones must conform to the new defensible space requirements? Staff are not currently recommending adoption of a local defensible space ordinance. Chapter 6 of the WUI Code, effective January 2 , 2026, requires compliance with defensible space standards within the Very High Fire Hazard Severity Zones only. Staff is recommending taking an “as-is" approach to the adoption of the WUI Code, meaning that staff is not recommending additional measures added to the WUI Code specific to SLO. 7. The staff reports says that no particular inspection protocol is required per Government Code. What does the Government Code require in terms of enforcement? What triggers the requirement for the City to enforce the defensible space provisions? The enforcement approach by local agencies is largely discretionary. If defensible space violations exist on a property within a VHFHSZ, the Government Code requires that the City notify the owner of the property to correct the conditions. The Government Code allows (but does not require) cities to then correct the violation (s) if the property owner fails to do so, at the owner’s expense (see Govt. Code 51186). The penalties prescribed by the Government Code for defensible space violations are criminal (infractions and misdemeanors; see Govt. Code 51185). Staff’s intention is to clarify that, upon adoption of the WUI Code, defensible space violations will be enforced administratively (i.e. through notices to correct and, if necessary, administrative citations and fines) rather than criminally. 8. What is the status of the local hazard mitigation plan update? Is the update being coordinated with the proposed changes to the WUI code? Currently the County of San Luis Obispo Mitigation Plan is awaiting approval from FEMA and upon that approval will be adopted by the County. Once that adoption is completed, the City's Local Hazard Mitigation Plan (annex G of the County Multi- Jurisdiction Hazard Mitigation Plan) will be sent to Council for adoption. The new Local Mitigation Plan does not reflect any WUI code changes due to it being submitted prior to the publication of the new Fire Code and WUI Code. If there are substantial changes needed to the City’s Local Hazard Mitigation Plan, those changes can be made after adoption of the Local Mitigation Plan. Due to the current status of the County’s plan, no changes can be made at this time and will have to be amended after the current plan is adopted. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 5 The CalFire Fire Severity Zone Map is mentioned in the City’s Local Hazard Mitigation Plan (G.3.311 Wildfire) and acknowledges the increase in properties and critical facilities in the updated hazard severity zones. 9. Will the City update the 2019 Community Wildfire Protection Plan (CWPP)? Has the effectiveness of the CWPP been evaluated since adoption? Has the CWPP lowered insurance rates in the City? The CWPP published in 2019 was a broad strategic level document that tied the City of SLO into the larger Countywide CWPP. The 2019 CWPP, however, did not have any prescriptive treatments elucidated in it. Recognizing this shortcoming, staff focused on a Citywide Vegetation Management Plan which was funded in the Spring of 2025 through the Coastal Conservancy. The kick-off meeting was held Friday October 3rd, with estimated completion by summer of 2026. Staff intend to update the 2019 CWPP when the Vegetation Management Plan is completed. Incorporation of the Vegetation Management Plan into the CWPP will provide for a more relevant and holistic document applicable specifically to SLO. It is unclear if the CWPP has any impacts on insurance rates. The Safer from Wildfires initiative states that Firewise Communities and the Fire Risk Reduction Community List are the two community level mitigation factors that have an impact on insurance rates, but each insurance company will factor them separately. The City of San Luis Obispo is on the current Fire Risk Reduction Community List with the State Board of Forestry and Fire Protection. 10. Can you provide additional details on how the City will incentivize and support the creation of Firewise communities? Currently the Fire Department works with neighborhood groups /HOAs to meet and discuss the requirements for establishing a Firewise Community. Neighborhood walks to discuss defensible space, vegetation management, and how to establish a Firewise board for the neighborhood are conducted with the Emergency Manager and Fire Marshal. Upon establishing a Firewise Community, the City will provide signage indicating the neighborhood’s status as meeting the requirements and being in compliance with Firewise regulation. 11. For the new fire-safe tree requirement with a minimum dripline of 30 feet from residences, does this effectively mean no new trees in developments with typical urban lot sizes? Additionally, the guideline for maintaining 10 feet around all outbuildings down to bare soil seems particularly challenging in residential settings. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 6 Per Section 603.4.2, new trees that are planted within 30 feet of a structure in the VHFSZ shall be planted and maintained so that the tree’s dripline (the outer edge of the canopy) is located 10 feet away from the structure. In addition, new trees that are planted adjacent to other trees are to be planted where the crowns of the trees are at least 10 feet from one another. Residentially zoned parcels, for example, require between a 10-20-foot front yard setback. Based on these setback requirements, at least one tree could be planted in the front yard. Additionally, existing healthy trees that are maintained and free of dead and dying material are supported in with Zones 0,1, and 2. Trees within the zones may not extend over the roof and must be at least 10 feet from a stovepipe or chimney. In addition, the public right-of-way provides additional space away from structures that can support street trees. The City requires that a minimum of one street tree be installed and established for any commercial building permit or residential building permit that adds a dwelling unit to a site, unless the City Arborist determines that the site cannot accommodate a new tree. In an effort to continue to support planting new trees, the City Arborist has put together a list of fire smart trees that have smooth bark, narrower and more vertical canopies that can be easily maintained to the minimum 10-foot clearance from structures and while drought tolerant, can benefit from additional irrigation. The list can be accessed here.. An outbuilding per the code is a structure that is less than one hundred-twenty (120) square feet in size and not used for human habitation . As noted in the question, a minimum clearance of 10-feet down to bare soil is required around the outbuilding. This is because the outbuilding is not required to comply with the same standards as a structure and is likely more combustible. A property owner has the option to remove vegetation 10 feet from the structure (and replace removed vegetation with non- combustible materials like DG or gravel) or consider removing the structure. 12. For properties in the VHFHSZ, does this imply that homeowners will need to remove all trees within the 30-foot range to comply? Since that's 30' to drip line, do es that effectively mean some trees 50'+ away may need to be removed to be compliant? The defensible space diagrams also raise some concerns, as they don’t appear to align well with the realities of lot sizes within the city. Homeowners do not have to remove all trees within the 30-foot range of an applicable building. The different zones—Zone 0 (forthcoming), Zone 1, and Zone 2—are intended to reduce the amount of combustible vegetation around homes. Trees are allowed in the different zones, as long as they are well maintained and the presence of ladder fuels (ground level vegetation) is managed to prevent fire from entering the tree canopy, and more broadly to prevent fire moving from open spaces into the built environment. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 7 Zone 1 (5’-30’), Modifying Zone, is designed to reduce the likelihood of fire burning directly to the structure. Modifying fuels in this zone creates discontinuity between plant groups, which limits pathways for fire to burn to the structure. An existing tree that is nonfire-smart may exist within the 30-foot modifying zone as long as the limbs are well pruned and maintained. A new tree would need to be planted and maintained so that, at maturity, it remains at least 10 feet from a combustible structure. In addition to the maintenance of the tree, dead and dying surface fuels, such as fallen leaves or needles, would need to be reduced or removed to prevent a fire path from the tree to the structure. 13. Is there an opportunity to adopt a "yes, and" approach to these regulations? While we must and should meet legal obligations, could we advocate against an "all plants burn" stance that might exacerbate urban heat concerns and diminish shade in neighborhoods? Urban extreme heat, biodiversity, and neighborhood aesthetics are all concerns that must be balanced with defensible space measures for communities in fire prone areas, such as SLO. Staff acknowledges that an “all plants burn” viewpoint is counterproductive to longstanding tree planting efforts and the City’s larger goals for climate action and resilience. Staff are always seeking better suited arboreal choices when interacting with private property owners and when making management decisions related to City -owned property. The WUI code requires that new plantings use species and location placements that reduce the risk of combustion. Not all trees are ideal for urban and open space environments, and certain species can have deleterious environmental impacts while also posing a serious fire threat. Where existing trees pose significant risks, they must be maintained to protect community safety, as required by the WUI code. There is ample evidence, however, that many trees are locally adapted to fire conditions in their native environments. The WUI code further encourages these fire- adapted plants and trees in SLO. For instance, in the Board of Forestry guide to defensible space, there is language describing maintenance of continuous canopies on WUI properties. In these configurations, there are recommendations for maintaining continuous canopy while reducing the ladder fuels below the canopy to prevent potential “crown” fires. Continuous tree canopies of fire smart species can cool urban heat islands and improve the aesthetics of our neighborhoods, as long as the ground level growth below the canopies is properly maintained to remove ladder fuel potential. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 8 14. Why wouldn’t we consider recommending inspections upon sale as an alternative compliance mechanism? Is this mostly to stay in the voluntary compliance realm? The High and Very High FHSZs have expanded greatly within the City with adoption of the new maps this summer. The City could require inspections upon sale of properties within the Very High and/or High FHSZs. However, it is staff’s recommendation to approach the expanded applicability of defensible space requirements with outreach and education, rather than mandatory inspections, until our community and staff become more familiar with the regulations. Requiring inspections upon sale would trigger the docume ntation requirements of AB 38, which may serve as a barrier to home sales, so close consultation with property owners and real estate professionals would be essential before moving toward an inspection - upon-sale/AB38 program. In terms of staffing resources involved with an inspection- upon-sale program, inspections would require a signature from a “badged” member of the Fire Department (a full-time employee), rather than an intern, as the Fire Department intends to utilize for voluntary inspections. Whereas a voluntary inspection form would be designed to provide recommendations, an official inspection - upon-sale inspection would identify violations, and a seller would remain out of compliance with AB38 until they fixed any outstanding defensible space violati ons on the property, which again may delay home sales. 15. Given increasing fire hazards in San Luis Obispo, what is the City planning to do to manage hazardous fuels on City Open Space properties, as well as streets and evacuation routes? Could you share a plain-English summary of the work, a simple map of where it will happen, how it’s funded, and when it starts? The City has maintained City open space properties to reduce hazardous fuels for decades and will continue to dedicate City resources to reduce wildfire risks in the WUI. These maintenance activities include routine mowing and grazing, invasive species removal, fuel break creation and maintenance, and strategic thinning. These activities are accomplished through Ranger Service and Open Space Technicians and in partnership with CAL Fire and the SLO Fire Safe Council. Though not required, per Government Code 51184, these activities are consistent with adopted property- specific conservation plans, general plan policy, and the forthcoming Open Space Vegetation Management Plan expected in 2026. However, in light of increasing wildfire risks and the related need to build additional capacity, staff are actively seeking external resources to expand hazardous fuel treatments in the WUI. As of the time of this correspondence, staff have submitted four grant applications with state and federal agencies to accomplish various aspects of planned fuel treatments: a. Community Wildfire Defense Grant with U.S. Forest Service b. Wildfire Prevention Grant with CAL FIRE c. Wildfire Resilience Grant with State Coastal Conservancy d. Grazing Infrastructure Grant with Wildlife Conservation Board Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 9 Furthermore, to maintain clearance on roadways and evacuation routes, the City’s Public Works Urban Forestry Maintenance staff prunes trees to maintain clearance. The City targets a pruning cycle of approximately every 5 -years. Some areas (like downtown) or other specific trees are pruned more often (every 3 years). It is important to note that, at locations outside of City jurisdiction that are not City-owned properties, the City relies on private property owners and partnerships with CAL FIRE and the SLO Fire Safe Council to accomplish fuel treatments and evacuation route maintenance. The City will continue to communicate with the public about planned vegetation management activities, including physical signage, digital notices, community workshops, and in-person neighborhood meetings by request. 16. Would any of the alternatives listed on pages 20 -22 reduce costs and/or enhance livability for City residents? The alternatives to adopting the WUI code as -is listed on pages 20-22 include: adopting more restrictive building standards (Alternative 1), expanding designated WUI areas (Alternative 2), and adopting supplemental appendices regarding Fire Protection Methods (Alternative 3) and/or Vegetation Management Plan Requirements (Alternative 4). None of these requirements are anticipated to reduce costs or enhance livability for City residents. Conversely, adopting more restrictive building standards or expanding designated WUI areas would likely lead to increased costs for property owners and greater regulatory burdens. 17. How would these code changes affect development of housing, especially affordable housing on San Luis Ranch Lot 7? All new housing in the City will have to comply with the building construction and hardening standards in Chapter 5 of the WUI Code. This Chapter addresses things like building materials, roof type, deck construction, requirement for dual-pane windows, etc. New development of housing in the Very High Fire Hazard Severity Zone will also need to comply with the Defensible Space requirements outlined in Chapter 6 of the WUI. These regulations have the potential to make construction more expensive. According to a study by Headwaters Economics, a nonpartisan research nonprofit, in northern and southern California, building a wildfire-resistant home in 2022 with Chapter 7A requirements and a noncombustible zone around the home (0 to 5 feet) increased construction costs by approximately $2,800 over the Baseline home. Compliance with all chapters of the WUI will take place during plan review and inspection of a project. San Luis Ranch Lot 7 is not located in a Very High Fire Hazard Severity Zone, so the Chapter 6 regulations would not apply, however, the building construction and hardening standards of Chapter 5 would apply , as they will apply citywide. Item 8a.WUI Code, Building Hardening, and Defensible Space Regulations Page 10 18. When will the draft Zone 0 requirements be finalized? How would they apply to very dense housing developments with wooden fencing closer than 5 feet to homes, such as in San Luis Ranch? 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. It is important to keep in mind that Zone 0 regulations, along with all defensible space requirements, only apply to parcels within the VHFHSZ. No homes within San Luis Ranch are within a VHFHSZ. For parcels that are within the VHFHSZ, all defensible space requirements (including Zone 0 regulations) will extend to the zone boundary (5 feet [Zone 0], 30 feet [Zone 1], or 100 feet [Zone 2]), or the property line, whichever is closer. Based on the draft Zone 0 regulations, no new wood/combustible fencing can be constructed within 5 feet of a structure within a VHFHSZ . However, existing fencing touching a structure within a VHFHSZ will need to be replaced within the three year “grace period” for existing structures. 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 communitybased organizations and industry partners. 19. Could evaluation of Potential Local Amendments to the State WUI code be postponed and later considered at the same time as the General Plan Safety Element update? Staff are not recommending local amendments to the State WUI Code at this time. Staff must amend the General Plan Climate Adaptation and Safety Element (CASE) to reflect the new fire hazard maps, as required by Government Code §65302. Separately, staff have proposed, as a Strategic Next Step, to agendize a study session to re-evaluate the CASE’s current prohibition on subdivisions within the VHFHSZ. If directed by Council, staff will return with a discussion of potential local amendments to the state WUI Code for Council’s consideration during this subsequent study session.