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Home My WebLink About2025-06-17; City Council; 13; Adoption of Ordinance No. CS-495 Adding Carlsbad Municipal Code Chapter 17.05 Fire Hazard Severity ZonesCA Review CKM Meeting Date: June 17, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Morgen Fry, Assistant City Clerk morgen.fry@carlsbadca.gov, 442-339-2819 Subject: Adoption of Ordinance No. CS-495 Adding Carlsbad Municipal Code Chapter 17.05 Fire Hazard Severity Zones Districts: All Recommended Action Adopt Ordinance No. CS-495, amending the Carlsbad Municipal Code by adding Chapter 17.05 Fire Hazard Severity Zones, designating fire hazard severity zones by map to comply with the requirements of California Government Code Section 51179. Executive Summary The recommended action adopts Ordinance No. CS-495, amending the Carlsbad Municipal Code by adding Chapter 17.07, Fire Hazard Severity Zones, designating fire hazard severity zones by map to comply with the requirements of California Government Code Section 51179. California Department of Forestry and Fire Protection (Cal Fire) is responsible for periodically updating fire hazard severity zone maps of every region of the state, ensuring the severity zones reflect current wildfire hazards. Cal Fire released recommended updates to the Fire Hazard Severity Zone map for Southern California, including the City of Carlsbad, on March 24, 2025. State law requires that all local jurisdictions adopt these latest fire hazard severity zone determinations by ordinance within 120 days of receiving the updated map. The city is required to adopt the updated map, provided as Attachment A to Exhibit 1, by July 22, 2025. Explanation & Analysis Ordinance No. CS-495 was introduced and first read at the City Council meeting held on June 10, 2025. The City Council voted 5-0 to introduce Ordinance No. CS-495, adding Chapter 17.05, Fire Hazard Severity Zones, designating fire hazard severity zones by map to comply with the requirements of California Government Code Section 51179. The proposed ordinance incorporates the areas most recently identified by Cal Fire as moderate, high, and very high fire hazard severity zones and provides a more accurate representation of areas susceptible to wildfire in California. June 17, 2025 Item #13 Page 1 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E The second reading allows the City Council to adopt the ordinance. Fiscal Analysis The proposed ordinance will have no immediate fiscal impact on the city. Next Steps The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. The ordinance will be effective 30 days after its adoption. Environmental Evaluation The proposed action to amend the Carlsbad Municipal Code designating Fire Hazard Severity Zones is exempt from environmental review under California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. Exhibits 1. Ordinance No. CS-495 June 17, 2025 Item #13 Page 2 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E Exhibit 1 ORDINANCE NO. CS-495. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER 17.05 FIRE HAZARD SEVERITY ZONES, DESIGNATING FIRE HAZARD SEVERITY ZONES BY MAP TO COMPLY WITH THE REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 51179 WHEREAS, California Government Code Section 51175 et seq. sets forth laws intended to classify lands in the state where moderate, high, and very high fire hazard areas exist so that public officials may implement measures to reduce fire risks; and WHEREAS, California Government Code Section 51178 requires the California Department of Forestry and Fire Protection (Cal Fire) to identify areas in the state as moderate, high, and very high fire hazard severity zones and submit those zones to each local agency in California as a recommendation; and WHEREAS, California Government Code Section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones within its jurisdiction within 120 days of receiving such a recommendation from Cal Fire; and WHEREAS, California Government Code Section 51179 prohibits a local agency from decreasing the level of fire hazard severity zones identified by Cal Fire, thereby creating a mandate that each local agency adopt, at a minimum, the levels of fire hazard severity zones identified and recommended to the local agency by Cal Fire; and WHEREAS, pursuant to California Government Code Section 51178, Cal Fire has identified certain areas within the City of Carlsbad as moderate, high, and very high fire hazard severity zones; and WHEREAS, the map titled “City of Carlsbad (San Diego County), Local Responsibility Area Fire Hazard Severity Zones,” dated March 24, 2025 (Attachment A), shows the areas identified by Cal Fire as moderate, high, and very high fire hazard severity zones; and WHEREAS, pursuant to California Government Code 51178.5, the Carlsbad Fire Hazard Severity Zone Map was made available for public review on the city website on March 25, 2025. The Carlsbad Fire Hazard Severity Zone Map was also posted in the City Manager’s Weekly Update newsletter on March 27, 2025. These postings are required and comply with the 30-day notification period outlined in California Government Code Section 51178.5; and June 17, 2025 Item #13 Page 3 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E WHEREAS, the City Council of the City of Carlsbad, California, wishes to designate as moderate, high, and very high fire hazard severity zones the same areas identified as moderate, high, and very high fire hazard severity zones by Cal Fire in the Carlsbad Fire Hazard Severity Zone Map. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That the proposed action to amend the Carlsbad Municipal Code designating Fire Hazard Severity Zones is exempt from environmental review under California Environmental Quality Act Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3. That Carlsbad Municipal Code Title 17 is amended to add Chapter 17.05 as follows: Chapter 17.05 Fire Hazard Severity Zones Sections: 17.05.010 Designation and Adoption 17.05.020 Multiple Fire Hazard Severity Zone Designations 17.05.010 Designation and Adoption A. The City Council of the City of Carlsbad hereby designates medium, high, and very high fire hazard severity zones as identified by California Department of Forestry and Fire Protection (Cal Fire) and as shown on the map titled “City of Carlsbad (San Diego County), Local Responsibility Area Fire Hazard Severity Zones,” dated March 24, 2025. B. The map titled “City of Carlsbad (San Diego County), Local Responsibility Area Fire Hazard Severity Zones,” dated March 24, 2025, is on file in the Office of the City Clerk and adopted and incorporated in this code by reference. 17.05.020 Multiple Fire Hazard Severity Zone Designations When multiple fire hazard severity zones overlap a structure, existing or proposed, the structure’s designation is based on the most severe zone overlapping that structure. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance, or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. June 17, 2025 Item #13 Page 4 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th day of June, 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of June, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney __________________________________ KEITH BLACKBURN, Mayor __________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 17, 2025 Item #13 Page 5 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E 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 Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and FireProtection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shallbe liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user orthird 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 Unzoned LRA Incorporated City Projection: NAD 83 California Teale Albers Scale: 1:58,000 at 11" x 17" 0 1 2 3 4Km 0 1 2Mi Very High High Moderate Very High High Moderate Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal Carlsbad 5 C o H w y S 2 1 Ra n c h o Santa Fe Rd C o H w y S 1 1 C a r l s b a d B l v d UNINCORPORATED SAN DIEGO CO. ENCINITAS OCEANSIDE OCEANSIDE SAN MARCOS VISTA S A N D I E G O C O . March 24, 2025 As Identified by the State Fire MarshalLocal Responsibility Area Fire Hazard Severity Zones CITY OF CARLSBAD – SAN DIEGO COUNTY Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024 Attachment A June 17, 2025 Item #13 Page 6 of 6 Docusign Envelope ID: 7DF8DEE3-3981-4A04-9732-7BD8E9B93A1E