HomeMy WebLinkAbout2025-12-02; City Council; CS-500; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A NEW CARLSBAD MUNICIPAL CODE CHAPTER 17.06 (WILDLAND-URBAN INTERFACE CODE) ...Exhibit 2
ORDINANCE NO. CS-500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING A NEW CARLSBAD MUNICIPAL CODE
CHAPTER 17.06 (WILDLAND-URBAN INTERFACE CODE) BASED ON THE
2025 EDITION OF THE CALIFORNIA WILDLAND-URBAN INTERFACE
CODE
WHEREAS, Health and Safety Code section 17958 provides that the City Council of the City
of Carlsbad may adopt ordinances or regulations that impose the same requirements as are
contained in the regulations adopted by the state pursuant to Health and Safety Code Section
17922, or may make amendments based on express local findings pursuant to Sections 17958.5
and 17958.7; and
WHEREAS, Health and Safety Code Section 17922 requires that the building standards and
regulations adopted by the State of California impose substantially the same requirements as
those contained in the most recent editions of the model codes referenced in Title 24 of the
California Code of Regulations, which include the Wildland-Urban Interface Code; and
WHEREAS, the State of California, through the California Building Standards Commission,
has adopted and published Title 24, Part 7 of the California Code of Regulations, known as the
2025 California Wildland-Urban Interface Code, which becomes effective statewide on January
1, 2026, and applies within all local jurisdictions unless and until those jurisdictions adopt local
amendments pursuant to Health and Safety Code Sections 17958, 17958.5, and 17958.7; and
WHEREAS, Government Code Sections 50022.1 through 50022.10, inclusive, and Health
and Safety Code Section 13869 authorize the City Council to adopt by reference all or part of the
California Building Standards Code, including the California Wildland-Urban Interface Code; and
WHEREAS, Health and Safety Code Section 17958.5 authorizes the City Council of the City
of Carlsbad to make such changes or modifications to the provisions of the California Building
Standards Code, including the California Wildland-Urban Interface Code, as are reasonably
necessary because of local climatic, geological, or topographical conditions, which conditions are
more particularly described in Attachment A; and
WHEREAS, Health and Safety Code Section 17958.7 requires that, before adopting any
local amendments to the California Building Standards Code pursuant to Section 17958.5, the
City Council of the City of Carlsbad must make express findings that such amendments are
reasonably necessary due to local climatic, geological, or topographical conditions; and
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WHEREAS, the City Council of the City of Carlsbad finds that the City has certain local
climatic, geological, and topographical conditions that may adversely affect the provision of
emergency services, including fire protection and emergency medical services, in accordance
with the express findings requirements of Health and Safety Code Section 17958.7; and
WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the
2025 California Wildland-Urban Interface Code are reasonably necessary due to the City’s specific
climatic, geological, and topographical conditions, in accordance with Health and Safety Code
Sections 17958.5 and 17958.7; and
WHEREAS, this finding recognizes that regional geological conditions, including the
potential for significant seismic events, could result in numerous structure fires and that such
events may exceed the capacity of local emergency services to provide adequate fire protection
and emergency response; and
WHEREAS, the City Council further finds that local topographic conditions, including
irregular elevations along primary travel routes throughout the City of Carlsbad, may impede the
rapid deployment and effectiveness of emergency resources; and
WHEREAS, the City’s climatic and topographical conditions can create extreme fire
hazards, and certain local amendments to the 2025 California Wildland-Urban Interface Code are
reasonably necessary to mitigate these hazards and protect public health, safety, and welfare;
and
WHEREAS, the City Council held a duly noticed public hearing, and upon hearing and
considering all testimony, arguments, and public comments, if any, of all persons desiring to be
heard, the City Council has considered all factors related to the changes proposed to Carlsbad
Municipal Code Chapter 17.06 and all local amendments to the California Building Standards
Code, including the California Wildland-Urban Interface Code; and
WHEREAS, the City Council of the City of Carlsbad declares that if any section, paragraph,
sentence, or word of this ordinance adopting the 2025 California Wildland-Urban Interface Code
is held to be invalid for any reason, it is the intent of the City Council that all remaining provisions
shall remain in full force and effect and would have been adopted independently of any portion
found invalid.
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NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad, California,
as follows:
1.That the above recitations are true and correct and are incorporated into this Ordinance.
2.That the proposed action to adopt the Wildland-Urban Interface Code is exempt from
environmental review under the California Environmental Quality Act, or CEQA, Guidelines
Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no
possibility the proposed actions may have a significant effect on the environment.
3.That new Chapter 17.06 of the Carlsbad Municipal Code is adopted to read as follows:
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Chapter 17.06
WILDLAND-URBAN INTERFACE (WUI) CODE
Sections:
17.06.010 Adoption.
17.06.020 California WUI Code Chapter 1- Scope and Administration - Adopted and Amended.
17.06.030 California WUI Code Chapter 2 - Definitions - Adopted.
17.06.040 California WUI Code Chapter 3 – Wildland-Urban Interface Areas.
17.06.050 California WUI Code Chapter 4 - Wildland-Urban Interface Area Requirements - Adopted.
17.06.060 California WUI Code Chapter 5 – Special Building Construction Regulations - Adopted.
17.06.070 California WUI Code Chapter 6 – Fire Protection Requirements – Adopted and Amended.
17.06.080 California WUI Code Chapter 7 – Referenced Standards - Adopted.
17.06.090 California WUI Code Appendices - Adopted in Part.
17.06.100 Severability.
17.06.010 Adoption.
The 2025 California Wildland-Urban Interface Code, California Code of Regulations, Title 24, Part 7, a portion of
the California Building Standards Code, hereinafter referred to as the WUI Code, is adopted in its entirety and
incorporated by this reference, except for changes, additions, deletions and amendments in this chapter, which
shall supersede the provisions of said code. Appendix A (General Requirements) is included in the adoption.
17.06.020 California WUI Code Chapter 1—Scope and Administration—Adopted and amended.
California WUI Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following
amendment: Chapter 1, Part 2, Section 106, Construction Documents, is amended to read:
106.4 Vegetation management compliance. Prior to the building permit final approval, the property shall be in
compliance with the vegetation management requirements prescribed in Section 603, including California
Public Resources Code 4291 or California Government Code Section 51182 and or other applicable codes and
regulations adopted by the jurisdiction. Acceptance methods of compliance inspection and documentation shall
be determined by the enforcing agency and shall be permitted to include any of the following:
1.Local, state or federal fire authority or designee authorized to enforce vegetation management
requirements.
2.Enforcing agency.
3.Third-party inspection and certification authorized to enforce vegetation management requirements.
4.Property owner certification authorized by the enforcing agency.
17.06.030 California WUI Code Chapter 2—Definitions—Adopted.
California WUI Code, Chapter 2, Definitions, is adopted in its entirety without amendments.
17.06.040 California WUI Code Chapter 3—Wildland-Urban Interface Areas—Adopted.
California Fire Code, Chapter 3, Wildland-Urban Interface Areas, is adopted in its entirety without amendments.
17.06.050 California WUI Code Chapter 4—Wildland-Urban Interface Area Requirements—Adopted.
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California WUI Code Chapter 4, Wildland-Urban Interface Area Requirements, is adopted in its entirety without
amendments.
17.06.060 California WUI Code Chapter 5—Special Building Construction Regulations—Adopted.
California WUI Code, Chapter 5, Special Building Construction Regulations, is adopted in its entirety without
amendments.
17.06.070 California WUI Code Chapter 6—Fire Protection Requirements—Adopted and amended.
California WUI Code Chapter 6, Fire Protection Requirements, is adopted in its entirety with the following
amendments:
603.3.1, Contents, is amended to read:
Landscape plans and or fuel modification plans shall contain the following:
1.Delineation of the 5-foot (1524 mm), 30-foot (9144 mm) and 100-foot (30 480 mm) fuel management zones
from all structures.
2.Identification of existing vegetation to remain and proposed new vegetation.
3.Identification of irrigated areas.
4.A plant legend with both botanical and common names, and identification of all plant material symbols.
5.Identification of ground coverings within the 5-foot (1524 mm) and 30-foot (9144 mm) zones.
604.1, General, is amended to read:
604.1General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire
exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and
regulations.
All elements of the final fire protection plan, landscape plan, and fuel modification plan shall be maintained in
accordance with said plans and are subject to the enforcement process outlined in Section 109 and or the notice
served to the property owner and or owners’ agent.
Continuous maintenance of vegetation clearance is required.
17.06.080 California WUI Code Chapter 7—Reference Standards—Adopted.
California Fire Code, Chapter 7, Reference Standards, is adopted in its entirety without amendments.
17.06.090 California Fire Code Appendices—Adopted in part.
The Appendices to the California Fire Code are adopted as follows:
A.Appendix A—General Requirements—is adopted in its entirety without amendments.
17.06.100 Severability
The city council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word
of this chapter or of the City of Carlsbad Municipal Code hereby adopted be declared for any reason to be
invalid, it is the intent of the city council that it would have passed all other portions of this chapter
independently of the elimination herefrom of any such portion as may be declared invalid.
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SEVERABILITY: If any portion of this ordinance or its application to particular persons or
circumstances is held to be invalid or unconstitutional by a final decision of a court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter to persons
or circumstances not similarly situated.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption. 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.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th day of
November, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 2nd day of December, 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)
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Attachment A
Findings for Local Amendments to
2025 California Wildland-Urban Interface Code
Changes or modifications to the California Building Standards Code, 2025 Edition, are reasonably
necessary in the City of Carlsbad due to local climatic, geological, and topographical conditions,
and hereby make express findings of the necessity for such modifications.
Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by
the Pacific Ocean and its semi-permanent high-pressure systems that result in dry, warm summers
and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit (°F))
from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April
with infrequent (approximately 10%) precipitation during the summer. The average seasonal
precipitation along the coast is approximately 10 inches; the amount increases with elevation as
moist air is lifted over the mountains to the east.
The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also
subject to Santa Ana conditions of gusty winds and low humidity that predispose the hillsides to
extreme fire hazard. These climatic conditions necessitate greater home hardening and fire risk
prevention standards than those provided by the California Building Standards Code.
Geography: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs
offshore of the western edge of the city and is considered active. Other faults in the region include
the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the
potential to result in ground shaking, which can vary in intensity depending on the earthquake
activity, its proximity, and local soil and geological conditions. Carlsbad is located within a
seismically active region, and earthquakes have the potential to cause ground shaking of significant
magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak
ground acceleration zone. Earthquake-exposed electricity/power lines, along with leaking gas
pipelines, are major causes of fire after an earthquake. These geologic conditions necessitate
greater fire protection standards than those provided by the California Building Standards Code.
Topography: The topography in the San Diego region varies greatly, from beaches on the west to
mountains and desert on the east. Along with local meteorology, the topography influences the
dispersal and movement of pollutants in the basin. The mountains to the east prohibit dispersal of
pollutants in that direction and help trap them in inversion layers. Natural areas and open spaces,
including watershed features, hillsides, habitats, parks and vistas, are some of the most
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defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to
three of California’s natural lagoons – Buena Vista, Agua Hedionda and Batiquitos. These lagoons
are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as
hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its
rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat.
Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s
master planned communities and resorts are located. The city is also subject to Santa Ana
conditions of gusty winds and low humidity that predispose the hillsides to extreme fire hazard.
These topographic conditions necessitate greater fire protection standards than those provided
by the California Building Standards Code.
Other conditions: Additional amendments are found to be either administrative or procedural in
nature or concern themselves with subjects not covered in the California Building Standards
Code. These changes include provisions making the California Building Standards Code
compatible with other codes, including but not limited to administrative and procedural
ordinances enforced by the city.
Table A: 2025 WUI Code Adoption Findings
CMC
Section
Section amended Building standard or
administrative change
Finding
17.06.020 Section 106.4 is amended to refer to other applicable
codes and regulations adopted by the jurisdiction.
Administrative ---
17.06.070 Section 603.3.1 is amended to specify details to be
provided on plans and referencing the terminology
used by the city.
Section 604.1 is amended to clarify that all vegetation
shall be managed and maintained.
Administrative ---
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