DATE:
| 5/27/2025 | TO:
| HONORABLE MAYOR AND CITY COUNCIL | FROM:
| KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY | SUBJECT:
| WAIVE FULL READING AND INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY DESIGNATING LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES |
EXECUTIVE SUMMARY
On February 24, 2025, the State Fire Marshal, in conjunction with the California Department of Forestry and Fire Protection (CalFire), released updated Fire Hazard Severity Maps outlining areas at moderate, high, and very high risk of wildfire. These maps help guide land use planning, building codes, and wildfire mitigation efforts. In accordance with Government Code Section 51179, local agencies, including the City of Union City, are required to adopt updated fire hazard severity zones within their jurisdiction by ordinance within 120 days of receipt recommendations from the State Fire Marshal.
Local agencies may not reduce the severity levels assigned by the State Fire Marshal; however, they may increase the designation levels in accordance with law. The proposed Ordinance adopts, without change, the Fire Hazard Severity Zone recommendations within the City’s jurisdiction as provided by the State Fire Marshal and received by the City on February 24, 2025.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the strategic plan.
BACKGROUND
The State of California regularly reviews and updates the Fire Hazard Severity Zone (FHSZ) maps within State Responsibility Areas and Local Responsibility Areas (LRA) in accordance with Government Code Sections 51178 and 51179. LRAs are those areas where fire protection is primarily the responsibility of a local agency, and State Responsibility Areas are those areas where fire protection is primarily the responsibility of CalFire. The FHSZ Maps depict Moderate, High, and Very High Fire Hazard Severity Zones in SRAs and LRAs.
The location of the boundaries is developed with recommendations from CalFire, based on the evaluation of fire history, terrain, fuel growth, density of housing, proposed developments, access, and water supply considerations. The purpose of these designations is to increase life safety and reduce the potential for structure ignitability by reducing fuels (creating defensible space) and improving construction features that would prevent ignition and ember intrusion, thereby reducing the threat of life or structure loss during a wildfire event.
The FHSZ maps reflect “hazard” not “risk.” Hazard is based on physical conditions that create a likelihood and expected fire behavior over time without considering any mitigation efforts. Risk is the potential damage a fire can cause under existing circumstances, including any implementing mitigation.
Pursuant to Government Code Section 51179, local jurisdictions are required to adopt, by ordinance, updated FHSZ Maps within its jurisdiction within 120 days of receiving updated recommendations from the State Fire Marshal. This process ensures consistency between state and local wildfire planning efforts and provides the legal basis for implementing wildfire mitigation strategies, building standards, and public safety measures in fire-prone areas.
The City is authorized to establish more stringent wildfire safety standards. The City can increase the severity zone level for any parcel, and changes made by a local agency within its jurisdiction are considered final and cannot be overruled by the State Fire Marshal. However, Government Code Section 51179 does not allow local agencies to decrease the fire hazard severity zone level or to remove areas from the recommended map.
DISCUSSION
The updated FHSZ maps delineate zones of Moderate, High, and Very High fire hazard severity, and are used to inform defensible space requirements, emergency planning, and land-use decisions.
The new FHSZ maps mark the first designation within the jurisdiction of the City of Union City.
Under the existing maps, only “Moderate” and “High” fire hazard severity have been identified within Union City. No “Very High Severity Zone” have been identified.
It should be noted that local jurisdictions are permitted to designate areas not identified as Very High FHSZ by the State Fire Marshal as “Very High” following a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the area. Government Code Section 51182 speaks to 100-foot defensible space clearance requirements for all occupied structures or dwellings in a Very High FHSZ. Government Code Section 51182 requires the following:
1. 100 feet of defensible space from structures (but not extending beyond property line), with more intensive requirements within 5-30 feet of a structure. This requirement does require the elimination of all trees and vegetation, as long as such trees/vegetation are well-pruned, spaced, and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation or structures.
2. Ember-resistant zone within 5 feet of a structure (goes into effect upon adoption of regulations by CAL FIRE expected later in 2025).
3. Removal of tree limbs within 10 feet of chimneys or stovepipes.
4. Maintenance of roofs free from leaves, needles or vegetative materials.
5. Maintenance of trees and shrubs to remove dead or dying wood.
6. Certification of compliance from the building official required before new construction or rebuilding.
The City may also exempt certain structures or provide for certain variances to the above requirements under specific conditions pursuant to Government Code Section 51183. Thus, although the City cannot reduce the proposed severity zone, it may increase certain severity zones and/or exempt certain structures.
The adoption of these maps does not change property ownership or land-use entitlements but may trigger additional requirements under the California Building Code for new development, as well as disclosure requirements for certain property sales.
Staff recommends adopting the new maps as they are. The Alameda County Fire Department already performs defensible space clearance inspections for the City and will continue to do so. Community education and engagement has proven to be substantially more effective than adopting an ordinance that will trigger enforcement. The education strategy is more friendly to homeowners and contractors for maintenance and remodeling. It yields more participation and incentivizes permitted work.
CalFire has prepared an FAQ regarding insurance and the FHSZ Maps, which are included as an attachment. One frequent question is whether these maps will have an impact on the ability of property owners to get or maintain insurance. CalFire advises that these maps have no direct impact on insurance decisions, “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 additional factors and factors that change more frequently than those that CalFire includes in its hazard mapping.”
Staff recommend that the City Council adopt the proposed Ordinance designating the fire hazard severity zones within the City of Union City, pursuant to Government Code Section 51179, to ensure local alignment with state wildfire resilience efforts, to support continued 30 safety and community preparedness, and to comply with state law. Nothing prevents the City from adopting additional regulations or expanding fire severity zones in the future, if desired. Upon adoption of the Ordinance, the City must transmit a copy to the State Board of Forestry and Fire Protection within thirty (30) days as required by Government Code Section 51179(c).
FISCAL IMPACT
There is no fiscal impact with the adoption of the proposed ordinance.
RECOMMENDATION
Staff recommends that the City Council waive full reading and introduce by title only an ordinance to designate Fire Hazard Severity Zones within the Local Responsibility Area as recommended by the California Department of Forestry and Fire Protection (CalFire) pursuant to Government Code Section 51178.
Prepared by:
Erica C. Gonzalez, Senior Associate
Submitted by:
Kristopher J. Kokotaylo, City Attorney |