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HomeMy WebLinkAboutCC 2025-05-27_10a Amend AGMC Re State Fire Hazard Severity Zone MapsItem 10.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development Scott Hallett, Chief, Five Cities Fire Authority SUBJECT: Amendments to Title 15 of the Arroyo Grande Municipal Code Regarding the Updated State Fire Hazard Severity Zone Maps DATE: May 27, 2025 RECOMMENDATION: 1) Introduce an Ordinance adding Chapter 15.15 to Title 15 of the Arroyo Grande Municipal Code designating City of Arroyo Grande Local Responsibility Area Refined Fire Hazard Severity Zone Maps; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2); 15061(b)(3)). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct fiscal impact associated with adoption of this ordinance to adopt the Fire Hazard Severity Zone (FHSZ) maps. BACKGROUND: The California Department of Forestry and Fire Protection (Cal Fire) recently released updated FHSZ maps for Local Responsibility Areas (LRA), marking the first revision since 2011. These maps classify areas into ‘Moderate’, ‘High’, and ‘Very High’ fire hazard zones based on factors such as vegetation density, topography, and weather patterns. The purpose of these maps is to identify areas at greater wildfire risk and ensure local jurisdictions implement appropriate building standards, defensible space requirements, and fire mitigation measures. The updated FHSZ maps reflect the latest wildfire science and data to more accurately assess and designate fire hazard zones across California. The updates were driven by several factors, including the impacts of climate change, with increased temperatures, prolonged droughts, and shifting weather patterns intensifying wildfire risks. The new maps also feature more accurate modeling, incorporating improved computer simulations, fire behavior predictions, and detailed fuel data, resulting in more precise hazard designations. Additionally, population growth and development Page 164 of 236 Item 10.a. City Council Amendments to Title 15 of the Arroyo Grande Municipal Code Regarding the Updated State Fire Hazard Severity Zone Maps May 27, 2025 Page 2 near wildland areas prompted a reassessment of fire risks, as expanding urban areas face greater exposure to wildfire threats. Finally, the updates ensure compliance with California Government Code Section 51178, which mandates Cal Fire to periodically review and revise FHSZ maps to maintain accuracy and relevance. Under State law, local governments are require d to formally adopt these maps by ordinance within 120 days of receipt of the map (Government Code Section 51179(a)). If necessary, cities must apply applicable fire safety regulations to new development and existing properties in designated zones. Local Authority The Five Cities Fire Authority (FCFA) is the local fire protection agency serving Arroyo Grande, Grover Beach, and Oceano. While Cal Fire is responsible for creating and updating the FHSZ maps, FCFA plays a supporting role by:  Providing local expertise and input during the review process, particularly regarding fire response capabilities, evacuation planning, and local fire risks;  Assisting with public education and outreach, helping residents understand the map designations, and fire safety requirements; and  Enforcing fire safety regulations in alignment with the California Fire Code (CFC), regardless of the FHSZ classifications. Although FCFA does not create or approve the FHSZ maps, they collaborate with the Community Development Department to review the designations and assess any potential impacts on local fire safety policies, codes, and development standards. ANALYSIS OF ISSUES: The FCFA and the Community Development Department reviewed the updated CalFire FHSZ maps (Attachment 2) to assess whether any updates to City codes, planning documents, fire policies, or regulations were necessary. Based on the updated maps, areas within City limits are designated as either ‘Moderate’ or ‘High’ fire hazard zones. Generally, some properties along the eastern boundaries of the City are in the ‘High’ fire hazard zone, while properties in the center and west are in the ‘Moderate’ fire hazard zones. According to the Cal Fire FHSZ Fact Sheet (Attachment 4), the adoption of the maps will trigger additional specific building requirements for new structures to provide additional fire protection, including tempered windows and fire-resistant eaves for the ‘High’ fire hazard designation only. ‘Moderate’ zones do not trigger any new, specific building requirements beyond the existing California Building Code (CBC) and CFC regulations. The FHSZ maps do not include any ‘Very High’ designated area within the boundaries of the City. Page 165 of 236 Item 10.a. City Council Amendments to Title 15 of the Arroyo Grande Municipal Code Regarding the Updated State Fire Hazard Severity Zone Maps May 27, 2025 Page 3 City Council Options The City Council must adopt an ordinance recognizing the new FHSZ designations. Under Government Code Section 51179, a local agency has certain options regarding the FHSZ map and the designation of fire hazard areas within its jurisdiction. The Cit y Council may adopt the State’s FHSZ designations or add areas to the FHSZ Map if it believes certain areas, not identified as ‘Very High’, ‘High’, or ‘Moderate’ by the State Fire Marshal, should be designated as such. At a minimum, the City Council must adopt the State’s FHSZ Designations, but staff recommends modifying the maps to provide a parcel-by-parcel severity zone designation. Per the direction of the State, local jurisdictions may adopt the State’s FHSZ Designations or add High or Moderate areas to the map in the agency’s discretion. The severity zones can therefore be increased with City Council’s approval but not reduced. Currently, the maps ignore parcel lines, which place many parcels within two severity zones. To resolve the concern that a structure is built across multiple designations, the proposed City of Arroyo Grande LRA Refined FHSZ Maps (Attachment 3) will identify the whole parcel as within the higher severity zone. This is intended to provide clarity for property owners while using the highest designation provided by the State’s maps. Due to the unpredictable nature of wildfires, if a parcel has any portion of a higher severity zone designation, it is safer for the entire parcel to be classified with the higher category , as additional building standards can prevent structures from becoming additional fuel that ignites even more structures. California’s wildland urban interface building codes (CBC Chapter 7A) apply to the design and construction of new buildings located within High and Very High FHSZs in LRAs. Staff anticipate adoption of the 2025 CBC in December. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Introduce the Ordinance as recommended, adopting the City of Arroyo Grande LRA Refined FHSZ Maps; or 2. Modify the Ordinance, adopting the City of Arroyo Grande State FHSZ maps; or 3. Modify as necessary and introduce the Ordinance; or 4. Provide other direction to staff. ADVANTAGES: Adopting the LRA Refined FHSZ Maps will bring the City of Arroyo Grande’s Municipal Code into compliance with Government Code Section 51178, which mandates Cal Fire to periodically review and revise FHSZ maps to maintain accuracy and relevance . Because the LRA Maps default each parcel to the higher severity zone designation, this will provide additional fire protection over time by hardening more City structures against future urban wildfires. Future construction permits in certain zones may require additional Page 166 of 236 Item 10.a. City Council Amendments to Title 15 of the Arroyo Grande Municipal Code Regarding the Updated State Fire Hazard Severity Zone Maps May 27, 2025 Page 4 fire safety standards, which would add a public benefit for future wildfire events and protection for property owners. DISADVANTAGES: Adopting the LRA Refined FHSZ Maps will default each parcel in the City to the higher severity designation, which would have the effect of requiring f uture construction permits in certain zones to have additional fire safety standards, which would result in additional construction costs to property owners. ENVIRONMENTAL REVIEW: The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The code amendments would only adopt the State’s FHSZ maps, which is not an authorization for any development or construction. Thus, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Ordinance 2. CalFire Fire Hazard Severity Maps1 3. City of Arroyo Grande LRA Refined FHSZ Maps2 4. CalFire FHSZ Fact Sheet 1https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity- zones/fire-hazard-severity-zones-maps 2https://www.arroyogrande.org/DocumentCenter/View/13510 Page 167 of 236 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 15.15 TO TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE DESIGNATING CITY OF ARROYO GRANDE LOCAL RESPONSIBILITY AREA REFINED FIRE HAZARD SEVERITY ZONES WHEREAS, the Legislature has declared in Government Code section 51175, subdivision (a), that: fires are extremely costly, not only to property owners and residents, but also to local agencies; fires pose a serious threat to preservation of public peace, health and safety; it is necessary for cities, counties, special districts, state agencies and federal agencies to work together to bring raging fires under control; and preventative measures are needed to ensure preservation of the public peace, health and safety; and WHEREAS, the Legislature has declared in Government Code section 51175, subdivision (b), that prevention of fires is not a municipal affair, but instead is a matter of statewide concern; and WHEREAS, Government Code section 51175 et seq. authorizes the California Department of Forestry and Fire Protection (“CAL FIRE”) to recommend Fire Hazard Severity Zones in the City of Arroyo Grande (“City”); and WHEREAS, pursuant to Government Code section 51179, on March 24, 2025, the State Fire Marshal has published maps depicting areas designated as Moderate, High, and Very High Fire Hazard Severity Zones, has recommended that local agencies adopt these zones through local ordinance and Government Code section 51179, subdivision (a) requires the City to designate by ordinance Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction within 120 days after receiving recommendations from CAL FIRE; and WHEREAS, pursuant to Government Code section 51178.5, within 30 days of receiving the State Fire Marshal’s transmittal identifying Fire Hazard Severity Zones, the City of Arroyo Grande made the information, including the CAL FIRE map specific to the City of Arroyo Grande, available for public review and comment online. WHEREAS, on May 27, 2025, the City Council held a duly noticed public hearing and introduced the Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council. Page 168 of 236 ORDINANCE NO. PAGE 2 SECTION 2. CEQA. Based on the whole record before it, pursuant to Section 15060(c)(2) of the California Environmenta l Quality Act (“CEQA”) Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to the CEQA. Additionally, the Ordinance does not authorize construction, and in fact imposes greater restrictions on certain development in order to protect the public health, safety and general welfare, and therefore pursuant to CEQA Guidelines Section 15060(c)(3) the activity is not a “project” as defined in CEQA Guidelines Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. Designation of Fire Hazard Severity Zones. The City hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code section 51178. The map, entitled “City of Arroyo Grande LRA Refined FHSZ Maps” dated April 30, 2025, is hereby adopted, approved, and provided in Exhibit “A,” attached hereto and incorporated herein by reference. The official map is also located electronically on the following website: www.arroyogrande.org. SECTION 4. Amendment. Chapter 15.15, entitled “Arroyo Grande Fire Hazard Severity Zone Map,” of Title 15 of the Arroyo Grande Municipal Code, entitled “Buildings and Construction,” is added to read: Chapter 15.15. ARROYO GRANDE FIRE HAZARD SEVERITY ZONE MAP Sec. 15.15.010. Fire Hazard Severity Zones Map The City of Arroyo Grande hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178 as identified in the map entitled “City of Arroyo Grande LRA Refined FHSZ Maps,” adopted in Section 3 of City of Arroyo Grande Ord. No. ____. This map is available to the public on the City’s website, and available to the public and on file with the City Clerk’s Office. SECTION 5. Submittal to State and Posting. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development and the State Board of Forestry and Fire Protection within 30 days after adoption and take any necessary actions to post all notices required under Government Code section 51179. SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. Page 169 of 236 ORDINANCE NO. PAGE 3 SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held t o be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each sec tion, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Effective Date . This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption. SECTION 9 . City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. On motion of Council Member, seconded by Council Member, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of ____, 2025. Page 170 of 236 ORDINANCE NO. PAGE 4 ________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY Page 171 of 236 ATTACHMENT 2-3 Attachment 2 and 3 are available as links: 2) CalFire Fire Hazard Severity Maps1 3) City of Arroyo Grande LRA Refined FHSZ Maps2 1https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity- zones/fire-hazard-severity-zones-maps 2https://www.arroyogrande.org/DocumentCenter/View/13510 Page 172 of 236 ATTACHMENT 4 Page 173 of 236 Page 174 of 236 Page 175 of 236 FHSZ Frequently Asked Questions What do Fire Hazard Severity Zones measure? The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts. “Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on. What is a Fire Hazard Severity Zone or FHSZ? Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread. Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread. Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years. General Page 176 of 236 FHSZ Frequently Asked Questions When were the maps last updated? In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA). Why are fire hazard severity maps being updated? The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs. Where do Fire Hazard Severity Zones apply? Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA). What are the uses of Fire Hazard Severity Zones? The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan. What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included. General Page 177 of 236 FHSZ Frequently Asked Questions How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps? The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts. Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings. How are Fire Hazard Severity Zones determined? CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather. What new data will be included in the new model, and how does this differ from the previous model? A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands. General Page 178 of 236 FHSZ Frequently Asked Questions How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀�cs (by ge琀�ng into vents), and decks. Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought. How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans. General Page 179 of 236 FHSZ Frequently Asked Questions What is State Responsibility Area or SRA? SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes. How is State Responsibility Area determined? The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years. What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones. What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at: h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area Page 180 of 236 FHSZ Frequently Asked Questions What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes. Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner. State Responsibility Area Page 181 of 236 FHSZ Frequently Asked Questions What is Local Responsibility Area or LRA? Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract. When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on. How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area. What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas? California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org. Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement? Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org. Local Responsibility Area Page 182 of 236 FHSZ Frequently Asked Questions Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases. What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on. How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀�ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area. When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025. Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area? New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas. Local Responsibility Area Page 183 of 236 LRA Legislation Factsheet Assembly Bill No.337 An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection. [Enrolled, January 28, 1991] AB 337, Bates. Very high fire hazard severity zones. (1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state. This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law. The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law. This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones. Page 184 of 236 LRA Legislation Factsheet Assembly Bill No.337 (Continued) (2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks. The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1). The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas. The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters. This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program. The bill would permit a violation of these requirements to be considered a public nuisance, as specified. (3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones. This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions. Page 185 of 236 LRA Legislation Factsheet Senate Bill No.63 CHAPTER 382 An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention. [Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space: fire hazard severity zones. (1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided. This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a state- mandated local program. This bill would also make conforming changes. (2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush- covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner. Page 186 of 236 LRA Legislation Factsheet Amended by Senate Bill No.63 Government Code 51178 The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. (Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5 Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) Page 187 of 236 LRA Legislation Factsheet Assembly Bill No. 211 CHAPTER 574 An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section 2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided. This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a state- mandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided. Page 188 of 236 LRA Legislation Factsheet Amended by Assembly Bill No. 211 Government Code 51179 (a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. (b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. (c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) Page 189 of 236 LRA Legislation Factsheet Increasing Fire Hazard Severity Zone (FHSZ) Area and Designation Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178. The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance). However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following: 1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection. 2. If increasing the designation to Moderate or High, a local agency may do this at its discretion. If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following: 1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection. 2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion. Page 190 of 236 LRA Legislation Factsheet Page 191 of 236 Page 192 of 236