HISTORY
City Council/RSA Agenda 1109 Tuesday, May 27, 2025
History 3
• 1988 – 1
st City-Wide Landscape & Lighting
Assessment District was formed (LLAD No. 1)
• 1996 - California Proposition 218 Passed
• 1997 - City modified operations to comply with
Proposition 218 (LLAD No. 2):
✓Eliminated the use of LLAD funds for park
maintenance
✓Shifted the park maintenance to General Fund
City Council/RSA Agenda 1110 Tuesday, May 27, 2025
History 4
• 2005 - Restructuring of District (LLAD No. 3)
✓ Included the city-wide ‘regional benefit’ portion of
the park maintenance
✓ No change in assessment rates since 1996
• 2025 – No increase in assessment rates is being
proposed as part of the LLAD renewal now.
City Council/RSA Agenda 1111 Tuesday, May 27, 2025
SERVICES SUPPORTED
BY LLAD
City Council/RSA Agenda 1112 Tuesday, May 27, 2025
Services 6
Some Major Maintenance Services
Provided by LLAD:
✓ Streetlights - by outside contractors
✓ Traffic signals - by outside contractors
✓ Street landscaping – tree pruning contract
✓ Parks (‘regional benefit’ portion)
City Council/RSA Agenda 1113 Tuesday, May 27, 2025
DISTRICT BUDGET
City Council/RSA Agenda 1114 Tuesday, May 27, 2025
Budget FY 2025/2026
8 City Council/RSA Agenda 1115 Tuesday, May 27, 2025
Budget FY 2025/2026
9 City Council/RSA Agenda 1116 Tuesday, May 27, 2025
Budget FY 2025/2026 10
City Council/RSA Agenda 1117 Tuesday, May 27, 2025
FISCAL IMPACT
City Council/RSA Agenda 1118 Tuesday, May 27, 2025
Fiscal Impact 12
No Change in Assessment Rate - Same Level
Since 1996-97 Fiscal Year (29 years):
• Single family residence ---- $90.19 per parcel
• Commercial -------------------- $0.0751 per SF
• Industrial ------------------------ $0.0563 per SF
Copy of Assessment Roll is available for viewing
City Council/RSA Agenda 1119 Tuesday, May 27, 2025
13 Fiscal Impact
Keeping Up with CPI Would Have Resulted in the Following:
• Number of EDUs --------------------------------------------------- 29,512 • Assessment Amount ($200– 3% CPI)---------$5,902,400
• Assessment Amount ($154 - 2% CPI)--------------$4,544,848 • Assessment Amount ($90.19 now)---------------- $2,661,687 • Assessment Amount (Not Collected) ------------- $1,883,161 • Cost of providing services ---------------------------- $3,832,457 • Assessment Amount (Current)----------------------- $2,661,687 • Current Shortfall Amount ------------------------------ $1,170,770 Current LLAD Funds are used for staffing and expenses only City Council/RSA Agenda 1120 Tuesday, May 27, 2025
Fiscal Impact 14
Other Funds Cover Shortfall
• Current Shortfall Amount ------------------------------ $1,170,770 • Annual General Fund Coverage---------------------- $ 750,000 • Shortfall of LLAD Funds (other funds)------------ $ 420,770 Typical LLAD Maintenance Costs
Annual Tree Trimming & Removal Contract $ 360,000
Annual Traffic Signal Maintenance Contract $ 240,000
Annual Street Light Maintenance Contract $ 100,000
$ 600,000
Approximately $600,0000 of Transportation Funds used to replace LLAD Funds City Council/RSA Agenda 1121 Tuesday, May 27, 2025
15 Increases in Maintenance Demand Since 1996-97:
Maintenance Needs
Year 1996/1997
Number
Current Number*
(2020 Census)
Increases
(over 29 years)
Union City Residents 67,000 70,000 3,000
Parks 23 34 11
Traffic Signals 38 68 30
Streetlights 3,166 4,190 1,024
Street Trees 29,000 35,000 6,000
Bio-Retention Areas 0 100 100
Pervious Pavement Areas 0 27,000 sf 27,000 sf
Trash Capture Devices (@ Curb Inlets)
* Includes 93 TCD to be installed in 2025
0 655* 562
City Council/RSA Agenda 1122 Tuesday, May 27, 2025
Maintenance Needs 16
Top Union City Residents Public Works Requests
TREES AND STREETLIGHTS
City Council/RSA Agenda 1123 Tuesday, May 27, 2025
RECOMMENDATION
City Council/RSA Agenda 1124 Tuesday, May 27, 2025
Recommendation 18
Staff Recommend that the City Council Adopt Two
Resolutions to:
1. Approve the Annual Engineer’s Report for LLAD
No. 3; and
2. Declare intention to Levy Assessments for FY
2025-26 following a Public Hearing on June 24,
2025
City Council/RSA Agenda 1125 Tuesday, May 27, 2025
Agenda Item
DATE: 5/27/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE FULL READINGAND INTRODUCE BYTITLE ONLYAN ORDINANCE OF THE CITYCOUNCIL OF THE
CITYOF UNION CITYDESIGNATING LOCAL RESPONSIBILITYAREAFIRE HAZARD SEVERITYZONES
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 ResponsibilityAreas and Local ResponsibilityAreas (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 ResponsibilityAreas 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.
City Council/RSA Agenda 1126 Tuesday, May 27, 2025
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 City Council/RSA Agenda 1127 Tuesday, May 27, 2025
the Local ResponsibilityArea 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, CityAttorney
ATTACHMENTS:
Description Type
ProposedOrdinance Ordinance
ExhibitA - City of Union City Fire Hazard Severity Zones Exhibit Fact Sheet Attachment
Public Comment Attachment
PowerPoint Presentation Attachment
City Council/RSA Agenda 1128 Tuesday, May 27, 2025
ORDINANCE NO. 2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
DESIGNATING LOCAL RESPONSIBILITY AREA FIRE HAZARD
SEVERITY ZONES
WHEREAS, on February 24, 2025, the State Fire Marshal released maps for the Local Responsibility Area Fire Hazard Severity Zones pursuant to Government Code Sections 51177-51179; and
WHEREAS, the City of Union City (“the City”) is required to adopt, by ordinance, updated fire hazard severity zones (FHSZ) within its jurisdiction within 120 days of receipt of recommendations from the State Fire Marshal pursuant to California Government Code Section 51179; and
WHEREAS, notwithstanding the minimum fire safety standards required by state law, under the authority included in Government Code 51175, the City has the authority to establish more stringent wildfire safety standards. While the City can increase the severity zone level, Government Code Section 51179 does not allow local agencies to decrease the level of FHSV or to remove areas from the recommended map; and WHEREAS, the City desires to designate the “Moderate”, “High”, and “Very High” fire hazard severity zones within the City of Union City as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The above recitals are true and correct and hereby made a part of this Ordinance.
Section 2. Approval of Map. The fire hazard severity zone map entitled “City of Union City Fire Hazard Severity Zones” dated February 24, 2025, attached hereto as Exhibit A and incorporated herein, is hereby adopted.
The official map depicting the designated fire hazard severity zones shall be maintained on and accessible from the City of Union City official website.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed the Ordinance, and each and every section, subsection, sentence, clause, phrase or portion not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
Section 4. CEQA. The Union City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) because CEQA only applies to the discretionary decisions of the City. Because the City Council is required by Government Code Section 51179 to adopt this ordinance, it is not exercising any discretion subject to CEQA review.
City Council/RSA Agenda 1129 Tuesday, May 27, 2025
Ordinance No. 2025-XXX
Designating Local Responsibility Area Fire Hazard Severity Zones
Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
Section 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
Upon adoption of the Ordinance, the City Clerk is directed to transmit a copy to the State Board of Forestry and Fire Protection within thirty (30) days as required by Government Code Section 51179 (c).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 10th day of June 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A - City of Union City Fire Hazard Severity Zones City Council/RSA Agenda 1130 Tuesday, May 27, 2025
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:58,000 at 11" x 17"
Km 0 1 2 3 4
Mi 0 1 2
High Moderate
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Union City
880
238
UNINCORPORATED
ALAMEDA CO.
FREMONT FREMONT
HAYWARD
HAYWARD
NEWARK
February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF UNION CITY – ALAMEDA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
City Council/RSA Agenda 1131 Tuesday, May 27, 2025
CAL
FIRE
SINCE 1885
Fire Hazard Severity Zones
Local Responsibility Area
City Council/RSA Agenda 1132 Tuesday, May 27, 2025
Fire Hazard Severity Zones
What is a Fire Hazard Severity Zone?
The State Fire Marshal shall identify areas in the State as Moderate, High, and Very High Hazard Severity Zones based on consistent statewide criteria and the severity of fire hazard that is expected to prevail in those areas. - CA GOV 51178
When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates 1992), prompted by the devastating Oakland Hills fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in local responsibility area and to make a recommendation to the local jurisdiction where Very High FHSZ exist. - CA GOV 51175 What do Fire Haz ity Zones measure?
The maps evaluate "Hazard", not "Risk". Hazard is based on physical conditions that create expected fire behavior over a 50-year period without considering short-term modifications. Risk is the potential damage a fire can do to the area under existing conditions, including fuel reduction projects, defensible space, and ignition resistant building construction. - osfm.fire.ca.gov/fhsz Will the new Fire rd Severity Zone maps affect my insurance? Insurance companies use risk models, which differ from hazard models, because they consider the susceptibility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. Insurance risk models incorporate additional factors that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady. - California Department of Insurance
Materials and Construction Methods for Exterior Wildfire Exposure - CBC Chapter 7А Natural hazard real estate disclosure at the time of sale - CA CIV 1102.19 (AB 38 2019) 100-foot defensible space clearance requirements - CA GOV 51182 Property development standards such as road widths, water supply, and signage - CA PRC 4290 Consideration during future development of Cities and Counties General Plan - CA GOV 65302 1980 Panorama Fire burns 28,800
acres, destroying 325
structures and resulting in 4
fatalities in San Bernardino.
1991 Tunnel Fire burns 1,600 acres,
destroying 2,900 structures
and resulting in 25 fatalities in
the Oakland Hills.
Fire Hazard Severity Zone
maps are created.
The "Bates Bill" calls for CAL
FIRE to identify Very High Fire
Hazard Severity Zones in LRA.
כ
F
PRC 4201 mandates that
CAL FIRE develop Fire
Hazard Severity Zones.
City Council/RSA Agenda 1133 Tuesday, May 27, 2025 1982 1985 1992 Frequently Asked Questions
Is there an easy way to determine the Fire Hazard Severity Zone of my property? You can search by address to find your current designation on the website: osfm.fire.ca.gov/fhsz Why are Fire Hazard Severity Zones being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are susceptible to wildfire. The process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ratings. - PRC 4125 and GC 51178 What are the key elements of the Fire Hazard Severity Zone Model? CAL
FIRE
SINCE 1885
The model has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions. The factors considered in determining fire hazard within wildland areas is fire history, flame length, terrain, local weather, and potential fuel over a 50-year period.
Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. This is not a structure loss model, as key information regarding structure ignition is not included. - osfm.fire.ca.gov/fhsz
Why does the model place a
Embers spread wildfire because they can travel long distances in the wind and ignite vegetation, roofs, attics (by getting into vents), and decks. - osfm.fire.ca.gov/fhsz What is the
State Responsibility Area (SRA) is a legal term defining the area where the State has financial responsibility for wildland fire protection and prevention. - CA PRC 4102 Local Responsibility Area (LRA) includes incorporated cities, urban regions, agriculture lands, and portions of the desert where the local government is responsible for wildfire protection. - CA PRC 4125 ermined in Local Responsibility
CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Zone model as the basis for evaluating fire hazard in Local Responsibility Area. The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area.
PRC 4202 and GC 51178
CAL FIRE finalizes the Statewide
=HSZ Model to include Very
High FHSZ in LRA.
2007
Tubbs Fire burns 36,810
acres, destroying 5,643
structures and resulting in
22 fatalities in Santa Rosa.
Camp Fire burns 153,336
acres, destroying 18,804
structures and resulting in
85 fatalities in Paradise.
AB 642 and SB 63 require
CAL FIRE to identify Moderate
and High FHSZ in LRA.
2021
AB 211 requires local
agency to designate by
ordinance Moderate and
High FHSZ in LRA.
City Council/RSA Agenda 1134 Tuesday, May 27, 2025 2022 FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.
What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.
Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.
Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility 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 u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, 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 addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.
General
City Council/RSA Agenda 1135 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).
Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.
Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).
What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.
What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.
FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.
General
City Council/RSA Agenda 1136 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.
Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.
What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.
General
City Council/RSA Agenda 1137 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.
Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.
How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.
General
City Council/RSA Agenda 1138 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.
How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.
What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.
What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area
City Council/RSA Agenda 1139 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.
Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
State Responsibility Area
City Council/RSA Agenda 1140 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.
When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.
How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.
What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Local Responsibility Area
City Council/RSA Agenda 1141 Tuesday, May 27, 2025
FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.
What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.
How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.
When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025.
Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.
Local Responsibility Area
City Council/RSA Agenda 1142 Tuesday, May 27, 2025
LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.
The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.
This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.
City Council/RSA Agenda 1143 Tuesday, May 27, 2025
LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.
The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).
The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.
The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.
This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.
The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.
This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.
City Council/RSA Agenda 1144 Tuesday, May 27, 2025
LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.
This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.
This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.
City Council/RSA Agenda 1145 Tuesday, May 27, 2025
LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) City Council/RSA Agenda 1146 Tuesday, May 27, 2025
LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section
2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.
This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.
City Council/RSA Agenda 1147 Tuesday, May 27, 2025
LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall 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 pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) City Council/RSA Agenda 1148 Tuesday, May 27, 2025
LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.
The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).
However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:
1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.
If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:
1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.
City Council/RSA Agenda 1149 Tuesday, May 27, 2025
LRA Legislation Factsheet
City Council/RSA Agenda 1150 Tuesday, May 27, 2025
City Council/RSA Agenda 1151 Tuesday, May 27, 2025
City Council/RSA Agenda 1152 Tuesday, May 27, 2025
Tri-City Ecology Center
3375 Country Drive
Fremont, CA 94536
Sent via electronic mail only
[email protected]
City Manager’s Office 25 April 2025
34009 Alvarado-Niles Road, Union City, CA
Re: Comments on High Fire Hazard Severity Zone for Union City Hills - Increase in vulnerabilities
Dear City of Union City Mayor Singh, Union City Council Members and City Manager:
Tri-City Ecology Center engages in protecting and saving ecosystems and communities against natural hazards as part of a strategic priority for a fiscal sustainable and climate resilient tri-city area.
We are in support of the California State Marshal recommendation to change the Union City hillsides to a High Fire Hazard Severity Zone. Over several years, the California Department of Forestry & Fire Protection (CAL FIRE) performed modeling and analysis to determine a higher fire hazard severity in Union City using the latest technology and science while also considering land use changes and significant extreme wind event data.
Tri-City Ecology Center understands local governments cannot downgrade any areas identified by California Department of Forestry & Fire Protection, CAL FIRE, yet CAL FIRE did not perform modeling and analysis for Union City’s Hillside Area Plan – a planning area – for future development with significant land use changes.
If the concerns raised above have not yet been analyzed, then we urge the Mayor, City Council, City Manager and City of Union City to analyze, address and mitigate these concerns.
Respectfully submitted,
Caroline Harris, Chairperson
Liz Ames, Vice Chairperson
[email protected]
cc: [email protected]
City Council/RSA Agenda 1153 Tuesday, May 27, 2025
City Council/RSA Agenda 1154 Tuesday, May 27, 2025
City Council/RSA Agenda 1155 Tuesday, May 27, 2025
City Council/RSA Agenda 1156 Tuesday, May 27, 2025
City Council/RSA Agenda 1157 Tuesday, May 27, 2025
City Council/RSA Agenda 1158 Tuesday, May 27, 2025
City Council/RSA Agenda 1159 Tuesday, May 27, 2025
City Council/RSA Agenda 1160 Tuesday, May 27, 2025
City Council/RSA Agenda 1161 Tuesday, May 27, 2025
City Council/RSA Agenda 1162 Tuesday, May 27, 2025
City Council/RSA Agenda 1163 Tuesday, May 27, 2025
City Council/RSA Agenda 1164 Tuesday, May 27, 2025
City Council/RSA Agenda 1165 Tuesday, May 27, 2025
City Council/RSA Agenda 1166 Tuesday, May 27, 2025
City Council/RSA Agenda 1167 Tuesday, May 27, 2025
Tri-City Ecology Center
3375 Country Drive
Fremont, CA 94536
Sent via electronic mail only
[email protected]
City Manager’s Office 25 April 2025
34009 Alvarado-Niles Road, Union City, CA
Re: Comments on High Fire Hazard Severity Zone for Union City Hills - Increase in vulnerabilities
Dear City of Union City Mayor Singh, Union City Council Members and City Manager:
Tri-City Ecology Center engages in protecting and saving ecosystems and communities against natural hazards as part of a strategic priority for a fiscal sustainable and climate resilient tri-city area.
We are in support of the California State Marshal recommendation to change the Union City hillsides to a High Fire Hazard Severity Zone. Over several years, the California Department of Forestry & Fire Protection (CAL FIRE) performed modeling and analysis to determine a higher fire hazard severity in Union City using the latest technology and science while also considering land use changes and significant extreme wind event data.
Tri-City Ecology Center understands local governments cannot downgrade any areas identified by California Department of Forestry & Fire Protection, CAL FIRE, yet CAL FIRE did not perform modeling and analysis for Union City’s Hillside Area Plan – a planning area – for future development with significant land use changes.
If the concerns raised above have not yet been analyzed, then we urge the Mayor, City Council, City Manager and City of Union City to analyze, address and mitigate these concerns.
Respectfully submitted,
Caroline Harris, Chairperson
Liz Ames, Vice Chairperson
[email protected]
cc: [email protected]
City Council/RSA Agenda 1168 Tuesday, May 27, 2025
City Council/RSA Agenda 1169 Tuesday, May 27, 2025
City Council/RSA Agenda 1170 Tuesday, May 27, 2025
Local Responsibility Area Fire Hazard
Severity Zone Map
May 27, 2025 City Council Meeting
City Council/RSA Agenda 1171 Tuesday, May 27, 2025
2 State Mandated Adoption Process
• Senate Bill 63 (Stern, 2021) now requires all zones to be adopted following update from State Fire Marshal.
• Updated maps Released on February 24, 2025.
• Union City made the maps available for the public review and comments within 30 days (Government Code 51178.5).
• City has 120 days from receipt of updated maps to adopt an ordinance (Government Code 51179).
• City must transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption.
Local Responsibility Fire Hazard Severity Zone Map– May 27, 2025 City Council/RSA Agenda 1172 Tuesday, May 27, 2025
3 Ordinance Restrictions
• The law does not allow the City to request changes or provide comments to the State Fire Marshal on the Fire Hazard Severity Zone designations.
• The City may increase the fire severity zone for any area within its jurisdiction, but cannot decrease the level of fire hazard severity zone as identified by the State Fire Marshal.
Local Responsibility Fire Hazard Severity Zone Map – May 27, 2025 City Council/RSA Agenda 1173 Tuesday, May 27, 2025
4 Union City Map
Local Fire Hazard Severity Zone Map – May 27, 2025
City Council/RSA Agenda 1174 Tuesday, May 27, 2025
5 Map Purpose
• What is the map for?
• Building standards for new construction in the Wildland-Urban Interface (CBC Chapter 7A).
• Assist with the planning process for a community.
• Property development standards.
• Defensible Space Requirements (Government Code 51182). • Natural hazard real estate disclosure.
Local Fire Hazard Severity Zone Map– May 27, 2025
City Council/RSA Agenda 1175 Tuesday, May 27, 2025
6 Map Creation and Effect
• Maps required by Government Code 51177 through 51179. • Three levels (Moderate, High, and Very High)
• Union City only has High and Moderate designations.
• Map was created by the state using process that took into account, ember load, urban tree cover, slope, vegetation type, fire weather, record of extreme fire weather at a given location, and distance to wildland. • The maps measure hazard and not risk. Therefore, no impact to insurance process with measures risk.
• Parcels in a high fire severity zone are subject to some additional building code requirements and real estate transfer inspection.
Local Fire Hazard Severity Zone Map– May 27, 2025
City Council/RSA Agenda 1176 Tuesday, May 27, 2025
7 Local Fire Hazard Severity Zone Map– May 27, 2025
Proposed Ordinance
• Designates official map depicting the designated fire hazard severity zones in compliance with Government Code Section 51178.
City Council/RSA Agenda 1177 Tuesday, May 27, 2025
8 Local Fire Hazard Severity Zone Map– May 27, 2025
Staff Recommendation:
Waive full reading and introduce by title only an ordinance to designate Fire Hazard Severity Zone Map within the Local Responsibility Area as recommended by the California Department of Forestry and Fire Protection (CalFire) pursuant to Government Code Section 51178.
City Council/RSA Agenda 1178 Tuesday, May 27, 2025
QUESTIONS AND/OR COMMENTS
City Council/RSA Agenda 1179 Tuesday, May 27, 2025