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HomeMy WebLinkAboutItem 11b - Adopt Fire Hazard Severity Zone Maps DATE: June 17, 2025 TO: Honorable Mayor and City Council FROM: Chen Suen, Fire Chief By: Mark Krikorian, Fire Marshal SUBJECT: ORDINANCE NO. 2405 AMENDING ARTICLE III, CHAPTER 1, PART 3 OF THE ARCADIA MUNICIPAL CODE REGARDING FIRE HAZARD SEVERITY ZONES AND ADOPT THE FIRE HAZARD SEVERITY ZONES (“FHSZ”) MAP CEQA: Exempt Recommendation: Adopt SUMMARY At its regular meeting of June 3, 2025, the City Council introduced Ordinance No. 2405, amending Article III, Chapter 1, Part 3 of the Arcadia Municipal Code regarding Fire Hazard Severity Zones (“FHSZ”). Refer to Attachment No. 1 for the full text of the Ordinance and Attachment No. 2 for the June 3, 2025, City Council Staff Report. It is recommended that the City Council adopt Ordinance No. 2405, amending Article III, Chapter 1, Part 3 of the Arcadia Municipal Code regarding Fire Hazard Severity Zones and adopt the Fire Hazard Severity Zones Map. DISCUSSION In 2022, Assembly Bill 221 was passed by the California Legislature and modified the method local jurisdictions take to adopt their fire hazard severity zone map. The new bill requires local agencies to adopt Moderate, High, and Very High FHSZ designations, within 120 days of the Office of the State Fire Marshal’s (“OSFM”) recommendations. On March 24, 2025, the City received the state-recommended map (Exhibit “A” – Attachment No. 1), which must be adopted by ordinance within 120 days (by July 22, 2025). Ordinance No. 2405 ensures Arcadia’s alignment with updated state standards for wildfire preparedness and safety. Adoption of Ordinance No. 2405 will replace the existing Part 3, Chapter 1, Article III of the Arcadia Municipal Code. The existing Fire Zone map adopted in 2008 will be replaced by the proposed FHSZ map, ensuring compliance with Government Code Section 51179. Adopt Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 17, 2025 Page 2 of 2 ENVIRONMENTAL ANALYSIS This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), since the adoption of the FHSZ Map and accompanying statutory regulations would help reduce the spread of wildfire. Furthermore, this ordinance is not considered a project under the California Environmental Quality Act pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061, seeing that the adoption of the Fire Hazard Severity Zone Maps will not result in a direct or reasonably foreseeable indirect physical change in the environment. FISCAL IMPACT Adoption of Ordinance No. 2405 has no immediate fiscal impact to the City. Due to the potential financial impacts of the new Zone 0 regulations on property owners, the Fire Department will seek grant opportunities to assist with mitigation measures in reaching compliance in the applicable zone. At this time, the Fire Department does not foresee a need to augment staffing levels to meet additional inspection requirements. Current inspection assignments will be adjusted to allow for focused community risk reduction activities in the FHSZ area. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and adopt Ordinance No. 2405 amending Article III, Chapter 1, Part 3 of the Arcadia Municipal Code regarding Fire Hazard Severity Zones and adopt the Fire Hazard Severity Zones (“FHSZ”) Map. Attachment No. 1: Ordinance No. 2405 Attachment No. 2: June 3, 2025, City Council Staff Report 1 ORDINANCE NO. 2405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III, CHAPTER 1, PART 3 OF THE ARCADIA MUNICIPAL CODE REGARDING FIRE HAZARD SEVERITY ZONES AND ADOPT THE FIRE HAZARD SEVERITY ZONES (“FHSZ”) MAP WHEREAS, Article III, Chapter 1, Part 3 “Wildland-Urban Interface Area” of the Arcadia Municipal Code was originally adopted in 2008 by Ordinance 2241; and WHEREAS, since adoption of Article III, Chapter 1, Part 3 state law has modified the method and ability of cities to adopt fire hazard severity zones (“FHSZ”); and WHEREAS, pursuant to Government Code section 51178, the Office of the State Fire Marshal published a map indicating the Local Responsibility Area Fire Hazard Severity Zones for the City of Arcadia designating various areas as moderate, high and very high FHSZ; and WHEREAS, the map prepared by the State Fire Marshal did not create FHSZ boundaries based on areas consistent with parcel map boundaries, and was not presented with detail at the parcel level or with sufficient detail to determine precisely which parcels were within the various FHSZ; and WHEREAS, in order to provide effective fire protection in the City of Arcadia and adequately administer the implementation of the FHSZ presented, the City Council of the City of Arcadia finds that it is necessary to adopt a map indicating FHSZ at the parcel level; and Attachment No. 1 2 WHEREAS, presenting the FHSZ map at the parcel level showed some parcels with more than one FHSZ designation; and WHEREAS, a parcel with more than one FHSZ designation presents challenges for efficient and comprehensive implementation of effective fire protection in the City; and WHEREAS, changes to the proposed map and amendment of Article III, Chapter 1, Part 3 of the Arcadia Municipal Code are necessary for effective fire protection within the area; and WHEREAS, any modifications made to the FHSZ determined by the State Fire Marshal are being made in accordance with the California Government Code section 51179, ensuring that FHSZ were not downgraded; and WHEREAS, on June 3, 2025, the City Council introduced Ordinance No. 2405, and to be presented at the June 17, 2025, City Council Meeting for approval. NOW, THEREFORE, the City Council of the City of Arcadia does ordain as follows: SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. The City Council finds, based upon the entire record: Pursuant to Government Code section 51179, the City Council hereby adopts the fire hazard severity zones as recommended by the Office of the State Fire Marshal, adopts such map entitled “City of Arcadia Fire Hazard Severity Zones” map attached hereto as Exhibit “A” depicting such fire hazard severity zones with reference to all legal parcels as such exist on this date, and finds that in order to effectively administer fire protection 3 within the area it is necessary that when a parcel has more than one FHSZ on a single lot the highest FHSZ on that lot shall be administered for the entire lot. The City of Arcadia Fire Hazard Severity Zones map shall be on file in the office of the City Clerk and shall be available upon request. The official map shall also be visible on the City of Arcadia website. SECTION 3. The City Council hereby amends Article III, Chapter 1, Part 3 of the Arcadia Municipal Code to read as follows: ARTICLE III. - PUBLIC SAFETY CHAPTER 1. - FIRE DEPARTMENT PART 3. - FIRE HAZARD SEVERITY ZONES 3130. – DESIGNATION The fire hazard severity zones as recommended by the Office of the State Fire Marshal, pursuant to Government Code section 51179, are adopted by the City Council pursuant to Ordinance 2405. Such areas shall be designated City of Arcadia Fire Hazard Severity Zones. 3130.1 – ENFORCEMENT Designated building and fire officials shall enforce and shall have the authority to enforce the provisions of the Government Code and all other codes and regulations affected by designation of fire hazard severity zones. SECTION 4. The City Council finds that it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. City staff is directed to file a notice of 4 exemption within five (5) days of the adoption of this Ordinance. SECTION 5. Transmittal. The Fire Official shall transmit a copy of this Ordinance to the State Board of Forestry and Fire Protection, pursuant to Government Code Section 51179. SECTION 6. Repeal. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or of the codes adopted by this Ordinance and any other ordinance in conflict herewith are hereby repealed. SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 8. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 9. The City Clerk shall certify to the adoption of the Ordinance and shall cause a copy of same or summary thereof, to be posted per Resolution No. 7483 and within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty- first (31st) day after its adoption. [SIGNATURES ON THE NEXT PAGE] &LW\RI$UFDGLD)LUH+D]DUG6HYHULW\=RQHV )+6= Exhibit "A" DATE: June 3, 2025 TO: Honorable Mayor and City Council FROM: Chen Suen, Fire Chief By: Mark Krikorian, Fire Marshal SUBJECT: ORDINANCE NO. 2405 AMENDING ARTICLE III, CHAPTER 1, PART 3 OF THE ARCADIA MUNICIPAL CODE REGARDING FIRE HAZARD SEVERITY ZONES AND ADOPT THE FIRE HAZARD SEVERITY ZONES (“FHSZ”) MAP CEQA: Exempt Recommendation: Introduce SUMMARY In September 2021, Senate Bill 63 was passed and directed the Office of the State Fire Marshal (“OSFM”) to identify Fire Hazard Severity Zones (“FHSZ”) across the state, to include Moderate, High, or Very High fire zone designations. This law required OSFM to create maps based on the severity of the potential fire hazard in each local area. The potential for fire hazards was determined using the fuel loading, slope, fire weather, and other factors that are major causes of wildfire spread. OSFM released its fire hazard zone map for Arcadia on March 24, 2025 (see Exhibit “A” –Attachment No. 1). California Government Code Section 51179 requires local jurisdictions to adopt the FHSZ map within 120 days of receipt. To comply with the Government Code, it is recommended that the City Council introduce Ordinance No. 2405 to amend Article III, Chapter 1, Part 3 of the Arcadia Municipal Code regarding Fire Hazard Severity Zones and adopt the Fire Hazard Severity Zones Map. BACKGROUND In 1992, Assembly Bill 337, also known as the Bates Bill, mandated the identification of Very High Fire Hazard Severity Zones by OSFM. The bill was a response to the devastating Oakland Hills fire of 1991. Structures located within the designated zone were subject to minimum defensible space requirements, known as the minimum space around a structure that must be cleared or maintained to reduce the risk of damage from wildfires. The last statewide update to the FHSZ was in 2007. This update included enhanced new construction requirements for structures located in the FHSZ. Consequently, the City Attachment No. 2 Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 3, 2025 Page 2 of 6 Council approved Ordinance No. 2241 in 2008, and adopted Arcadia’s current Fire Zone Map. In 2022, Assembly Bill 221 was passed by the California Legislature and modified the method of map adoption by local jurisdictions. The new bill requires local agencies to adopt Moderate, High, and Very High FHSZ designations within 120 days of OSFM’s recommendations. Local governments cannot downgrade state-designated hazard levels but may increase them, if justified. On March 24, 2025, the City received the state- recommended map (Exhibit “A” – Attachment No. 1), which must be adopted by ordinance within 120 days (by July 22, 2025). DISCUSSION In Exhibit “A” of Ordinance No. 2405, the proposed FHSZ map identifies Moderate, High, and Very High fire zones within the City of Arcadia. OSFM fire scientists and wildfire mitigation experts developed the map using a science-based and field-tested model that assigns a hazard score based on factors that influence fire likelihood and fire behavior. When developing the maps, many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. It should be noted that FHSZ maps evaluate “hazard,” not “risk”. For reference, FHSZ maps are similar to flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, but the maps do not contain regulatory measures for mitigation. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period, without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can pose to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction. Though State law does not allow a local agency to decrease the FHSZ designation, a local agency may increase the designation of a particular area, if findings can be made that it is necessary for effective fire protection within the area (Government Code Sections 51179(b)(1) and (2)). Such discretion can allow an agency to apply Very High, High, and Moderate designations to areas not otherwise identified in the map prepared by OSFM. Each zone designated by the map has associated regulatory requirements. These include FHSZ identification (i.e., Very High, High, and Moderate), home hardening construction requirements (e.g., use of ignition resistant materials, Class A roofing, dual paned windows, etc.), FHSZ disclosure to the buyer at time of property real estate sale, and 100- foot vegetation defensible space clearances. In addition, Title 14 Fire Safe Regulations and Subdivision Review, will be used to assist the community in ensuring adequate emergency access and water supply should larger developments be proposed in the Very High FHSZ. These requirements are summarized in Table 1 below: Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 3, 2025 Page 3 of 6 Table 1: FHSZ Categories and Minimum Requirements Category Minimum Requirements Description Very High Identification on FHSZ Map Designates parcel as Very High Hazard Home Hardening Construction Regulations Use of ignition resistant materials, Class A roofing, dual paned windows, etc. Title 14 State Fire Safe Regulations & Subdivision Review Emergency access and water supply regulations 100-foot Defensible Space for the Structure Minimum space around a structure that must be cleared or maintained to reduce wildfire damage, including Zone 0 near structures Real Estate Hazard Disclosure Disclosure of fire hazard severity level to the buyer at time of property sale Defensible Space Real Estate Compliance Inspection Verifies parcel is compliant with defensible space requirements prior to real estate sale High Identification on FHSZ Map Designates parcel as High Hazard Home Hardening Construction Regulations Use of ignition resistant materials, Class A roofing, dual paned windows, etc. Defensible Space Real Estate Compliance Inspection Verifies parcel is compliant with defensible space requirements prior to real estate sale Moderate Identification on FHSZ Map Designates parcel as Moderate Since the OSFM map did not show designations at the parcel level, several properties were split between two different zones. The proposed ordinance includes an interpretative note that when any parcel has more than one FHSZ designation depicted on the adopted map, the highest FHSZ designation shall be applied to the entire parcel. For example, a parcel containing both a High and Very High hazard designation will be administered as Very High FHSZ. This interpretation will prevent different building and property maintenance codes applying for different areas of one parcel. It will also prevent confusion among staff about which standard to apply. All modifications are made in Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 3, 2025 Page 4 of 6 accordance with the California Government Code Section 51179, ensuring that FHSZs were not downgraded. Aside from this one interpretative adjustment, the maps are being proposed for adoption as recommended by the OSFM. Adoption of Ordinance No. 2405 will replace the existing Part 3, Chapter 1, Article III of the Arcadia Municipal Code. The existing Fire Zone map adopted in 2008 will be replaced by the proposed FHSZ map, ensuring compliance with Government Code Section 51179. While the new maps include a greater number of parcels affected, the number of parcels in the highest fire zone have been reduced. Table 2 below provides a comparison of the different FHSZ zones and affected parcels: Table 2: Parcels within the FHSZ Parcel Designation 2008 2025 Very High 911 768 High 36 360 Moderate 37 234 Total Parcels 984 1,362 In the current map, 42 parcels are commercial property (16 High, 26 Moderate); no commercial parcels were on the 2008 map. Community Education and Outreach This proposed FHSZ map is posted on the City’s website for public viewing and outreach was undertaken to educate impacted property owners, as well as local real estate agents. Invitations were sent to impacted property owners, who largely consist of property owners in the Arcadia Highlands Homeowners Association, the Whispering Pines Homeowners Association, the Santa Anita Oaks Association, and the Rancho Santa Anita Association. Additionally, a direct mailer was sent to approximately 450 residents who do not live in an HOA but reside between Grandview Avenue and Orange Grove Avenue in Arcadia. Community stakeholders were invited to attend up to three townhall meetings that shared details on the proposed maps and impacts of the corresponding changes. Once adopted, the Fire Department will continue public education efforts to ensure that all property owners affected by the new FHSZ map are fully informed of the new requirements and assist them in achieving compliance. These efforts will focus on the properties within the Very High Hazard Zone, as they will have the most stringent regulations. This is especially true with the introduction of the new Zone 0 regulation for the Very High Hazard Zone. This new Zone 0 regulation will require all combustible materials, including vegetation, within five feet of structures to be removed. The specifics of the Zone 0 regulation are still in development at the state level, but it should be in effect for new structures beginning January 1, 2026. In the meantime, existing structures will be allowed to achieve compliance in an agreed-upon timeline between the property owner and the Fire Department. In instances of non-compliance, the Government Code (Section 51185) allows local agencies to fine property owners a minimum of $100, and a maximum of $500, per Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 3, 2025 Page 5 of 6 day. Historically, the Fire Department consults with the City Attorney for property abatement, when necessary. It is currently unclear if adoption of the FHSZ map will affect insurance rates. As stated by the Office of the State Insurance Commissioner Ricardo Lara, these maps are intended to assist local planning decisions, not insurance decisions. Per the OSFM, insurance companies use risk models, which differ from hazard models that FHSZ use. The insurance risk models consider the susceptibility 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 utilize FHSZs as a factor, but much of the same data used in the FHSZ model can also be found in the insurance companies’ risk models. Of note, insurance risk models incorporate many other factors that change more frequently than those that OSFM includes in its hazard mapping. ENVIRONMENTAL IMPACT This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), since the adoption of the FHSZ Map and accompanying statutory regulations would help reduce the spread of wildfire. Furthermore, this ordinance is not considered a project under the California Environmental Quality Act pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061, seeing that the adoption of the Fire Hazard Severity Zone Maps will not result in a direct or reasonably foreseeable indirect physical change in the environment. FISCAL IMPACT Adoption of Ordinance No. 2405 has no immediate fiscal impact to the City. Due to the potential financial impacts of the new Zone 0 regulations on property owners, the Fire Department will seek grant opportunities to assist with mitigation measures in reaching compliance. The Fire Department does not foresee a need to augment staffing at this time to meet additional inspection requirements. Current inspection assignments will be adjusted to allow for focused community risk reduction activities in the FHSZ area. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and introduce Ordinance No. 2405 amending Article III, Chapter 1, Part 3 of the Arcadia Municipal Code regarding Fire Hazard Severity Zones and adopt the Fire Hazard Severity Zones (“FHSZ”) Map. Ordinance No. 2405 Fire Hazard Severity Zone (“FHSZ”) Maps June 3, 2025 Page 6 of 6 Attachment No. 1: Ordinance No. 2405