DATE: June 16, 2025
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Carisa Workman, Fire Marshal, San Mateo Consolidated Fire Department
DEPARTMENT: Fire
SUBJECT: FIRE CODE ORDINANCE AMENDMENT - FOSTER CITY
RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Ordinance 2025- 001, as adopted by the San Mateo Consolidated Fire Department (“SMC Fire”) Board on May 21, 2025, which would make certain amendments to Ordinance 2022-001 (the SMC Fire Department Fire Code) by adopting the 2021 International Fire Code with the 2022 California Fire Code Amendments and the 2021 International Wildland Urban Interface Code with local findings and modifications.
EXECUTIVE SUMMARY
In March of 2025, the State Fire Marshal released updated fire hazard severity zone maps for jurisdictions in San Mateo County. Pursuant to Government Code section 51179, the SMC Fire Board considered and adopted the updated fire hazard severity zone maps on May 21, 2025. This new designation of hazard severity zones within the SMC jurisdiction necessitated a modification of the existing SMC Fire Code Ordinance to make changes to the wildland provisions contained in Ordinance 2022-001. The City of Foster City must ratify these changes to the SMC Fire Code Ordinance pursuant to Health and Safety Code section 13869.7(c). Ordinance 2025-001 will not impact the residents of Foster City given that there are no designated fire hazard zones in Foster City.
BACKGROUND/ANALYSIS
SMC Fire is a Joint Powers Authority formed by the Cities of Belmont, San Mateo, and Foster City that provides fire and emergency services to all three communities. In early 2025, the State Fire Marshal began releasing fire hazard severity zone maps, including updated maps for San Mateo County. Pursuant to Government Code section 51179, a “local jurisdiction” (defined as a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone) must adopt the fire hazard severity zone maps for the Local Responsibility Areas (LRA) within 120 days of receiving the maps from the Fire Marshal. Within thirty days of receiving the maps, SMC Fire, a local jurisdiction, published the fire hazard severity maps for the Cities of Belmont and San Mateo on their website. The SMC Fire Board adopted an ordinance adopting the fire hazard severity zone maps recommended by the State Fire Marshal on May 21, 2025 (Ordinance 2025-002). As a result of the changes to the fire hazard severity zone maps, SMC Fire needed to update the SMC Fire Code Ordinance (Ordinance 2022-001) to amend the wildland provisions to be consistent with the new hazard designation. The SMC Fire Board also considered amendments to the wildland provisions at its meeting on May 21, 2025 and adopted Ordinance 2025-001. Section VI of Ordinance 2025-001 makes various findings to support the amendments to the 2021 International Fire Code and the 2022 California Fire Code (Title 24 of the California Code of Regulations, Part 9) and the 2021 International Wildland Urban Interface Code, which specify that the amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions as set forth in Attachment 1 of Ordinance 2025-001.
SMC Fire is now providing Foster City with the modifications to the SMC Fire Code made by Ordinance 2025-001 for ratification as required by Health and Safety Code Section 13869.7(a)-(c). The amendments made by Ordinance 2025-001 will not be effective within the City until the ordinance is ratified by the Council pursuant to California Health and Safety Code Section 13869.7(c). The City may ratify, modify, or deny SMC’s adopted ordinance, and must then transmit its determination to SMC within 15 days of the determination. Upon ratification of an adopted ordinance, the City must file a copy of SMC’s findings, together with the adopted ordinance, with the State Department of Housing and Community Development.
California Environmental Quality Act
The ratification of Ordinance 2025-001 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is an administrative action and not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this Council action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – SMC Fire Ordinance 2025-001
Attachment 3 – SMC Fire Ordinance 2025-002