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Home My WebLink AboutCC 2025-06-10_09f AGMC Amendments Re State Fire Hazard Severity Zone MapsItem 9.f. 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: June 10, 2025 RECOMMENDATION: 1) Adopt 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; 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 the adoption of this ordinance to adopt the Fire Hazard Severity Zone (FHSZ) maps. BACKGROUND AND ANALYSIS: The Ordinance adopts the Local Responsibility Area (LRA) Refined Fire Hazard Severity Zone Maps consistent with State Law, which requires that local governments are required to formally adopt these maps by ordinance within 120 days of receipt of the map (Government Code Section 51179(a)). 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. Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced” by first reading at a City Council meeting, “passed” (i.e., approved) at a later City Council meeting by conducting a second reading, and then take effect 30 days after passage. At a public hearing on May 27, 20251, the City Council introduced the Ordinance as proposed. The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption. 1 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=14739 Page 103 of 152 Item 9.f. City Council Amendments to Title 15 of the Arroyo Grande Municipal Code Regarding the Updated State Fire Hazard Severity Zone Maps June 10, 2025 Page 2 ALTERNATIVES: 1. Adopt the Ordinance as proposed; 2. Modify the Ordinance with amendments and direct staff to return at a future public hearing to introduce the modified amendments; or 3. 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 fire safety standards, which would add a public benefit for future wildf ire 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 Page 104 of 152 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 105 of 152 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 106 of 152 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 to be inva lid 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 107 of 152 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 108 of 152 ORDINANCE NO. PAGE 5 EXHIBIT A City of Arroyo Grande LRA Refined FHSZ Maps Page 109 of 152 ORDINANCE NO. PAGE 6 Page 110 of 152 ORDINANCE NO. PAGE 7 Page 111 of 152