PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #11.B
Meeting Date: June 17, 2025
TITLE:
Introduction (First Reading) of an Ordinance Adopting Maps Designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA)
RECOMMENDATION:
1. Conduct a public hearing to receive input on the proposed ordinance;
2. Introduce an Ordinance adding Section 8.04.040, Fire Hazard Severity Zones, of the City of Pismo Beach Municipal Code.
DISCUSSION:
On March 10, 2025, the Office of the State Fire Marshal published new maps identifying Fire Hazard Severity Zones within Local Responsibility Areas (LRAs). The updated zones will be applied statewide across all jurisdictions. The City of Pismo Beach is required by state law (Government Code Section 51179) to adopt the maps within 120 days of their release.
After the devastating Oakland Hills Fire in 1991, Assembly Bill 337 required the Office of the State Fire Marshal to evaluate fire hazard severity in Local Responsibility Areas (LRAs) and make recommendations to local jurisdictions where Very High Fire Hazard Severity Zones (VHFHSZs) exist. In 2021, the law was amended to include both Moderate and Very High Fire Hazard Severity Zones.
LRAs are areas such as incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection.
This responsibility is typically handled by city fire departments, fire protection districts, counties, or by Cal Fire under contract.
According to the State Fire Marshal, the factors considered in determining fire hazard within wildland areas include fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. Outside of wildlands, the model also accounts for factors that may threaten buildings, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildlands, fire history, and fire hazards in nearby wildlands.
The State Fire Marshal’s office uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evaluating fire hazards in Local Responsibility Areas. The LRA hazard rating reflects the risks of ember intrusion from adjacent wildlands, as well as flammable vegetation within urban areas.
Government Code Section 51179 requires a local agency to 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. A draft ordinance designating Council Agenda 6-17-2025 11.B-1
these areas, by adoption of the State Fire Marshal’s Fire Hazard Severity Zone map for the Pismo Beach LRA, is provided as Attachment 1.
In 2011, the total acreage classified as "Very High" fire hazard severity in Pismo Beach was 564 acres, according to the State Fire Marshal. As reflected on the map provided as Attachment 1.A, as of 2025, the updated classifications for the city are 746 acres in "Very High," 664 acres in "High," and 231 acres in "Moderate." Conclusion and Recommendation
Staff recommends that the City Council introduce an Ordinance (Attachment 1) designating Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) in the Pismo Beach Local Responsibility Area (LRA) as recommended by the Office of the State Fire Marshal, in accordance with the California Fire Code, and as required by Government Code Section 51179.
If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no direct fiscal impact from staff’s recommended action. If ultimately adopted, the cost of codifying this ordinance will be absorbed by the City Clerk Division Budget. It is not anticipated that any cost associated with complying with the newly designated fire hazard maps will impact the existing adopted budget, which contains sufficient funds to support the cost of the City’s contract with Cal Fire for Fiscal Years 2026 through 20230.
ATTACHMENTS:
1. Ordinance
1.A. Exhibit A to Ordinance: State Fire Marshal Map for Pismo Beach LRA Prepared by:
Kevin McLean, Fire Marshal/Battalion Chief
Submitted by: Paul Lee, Battalion Chief
City Manager Approval:
Council Agenda 6-17-2025 11.B-2
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTION 8.04.040, FIRE HAZARD SEVERITY ZONES, OF
THE CITY OF PISMO BEACH MUNICIPAL CODE
WHEREAS, the City Council finds that the prevention of wildfires is a matter of both local and statewide concern; and
WHEREAS, the City Council finds that wildfires are extremely costly to property owners, residents, and local and state agencies; and that wildfires pose a serious threat to the preservation of the public peace, health, and safety; and WHEREAS, the City Council finds that, because fire does not honor municipal boundaries, it is necessary that cities, counties, and state agencies cooperate on fire prevention measures in order to preserve the public peace, health, and safety; and WHEREAS, California Government Code Section 51179 and California Fire Code Section 4904.3.1 require a local agency to designate, by ordinance, Very High Fire Hazard Severity Zones within its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178; and
WHEREAS, the State Fire Marshal has released updated Fire Hazard Severity Zone Maps, including a map for the City of Pismo Beach Local Responsibility Area, as of March 10, 2025.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new Section 8.04.040 of the Pismo Beach Municipal Code is hereby added, to read as follows:
8.04.040 Fire Hazard Severity Zones.
A. The City of Pismo Beach hereby designates the Fire Hazard Severity Zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178, dated March 10, 2025, as the Fire Hazard Severity Zones for the City of Pismo Beach.
Council Agenda 6-17-2025 11.B-3
Attachment 1
B. The subject Fire Hazard Severity Zones are depicted on the map entitled “Local Responsibility Area - Fire Hazard Severity Zones”, which map is attached to this Ordinance as Exhibit A, depicted in reduced form in Figure 1 below, and on file in the office of the Pismo Beach City Clerk and the Pismo Beach Fire Department. This map is hereby incorporated by reference as though fully set forth herein.
Figure 1
Fire Hazard Severity Zone Map,
City of Pismo Beach Local Responsibility Area, March 2025 SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the Council Agenda 6-17-2025 11.B-4
Attachment 1
activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. The City Clerk shall transmit a copy of this ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption, pursuant to California Government Code Section 51179(c).
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 17th day of June, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 6-17-2025 11.B-5
Attachment 1
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2025-XXX, titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTION 8.04.040, FIRE HAZARD SEVERITY ZONES, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Council Agenda 6-17-2025 11.B-6
Attachment 1
Exhibit A
Council Agenda 6-17-2025 11.B-7
Attachment 1