HomeMy WebLinkAbout16 - Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity ZonesQ �EwPpRT
c
9C/FOR
TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
July 8, 2025
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net
James Gillespie, Fire Marshal - (949) 644-3354, jgillespie@nbfd.net
TITLE: Ordinance No. 2025-11: Amending Section 9.04.470 (Local Agency
Very High Fire Hazard Severity Zone) To Adopt the 2025 Moderate,
High, and Very High Fire Hazard Severity Zones, As Designated By
The California Department of Forestry and Fire Protection and
Pursuant to California Government Code Section 51178
ABSTRACT:
The California Department of Forestry and Fire Protection (CAL FIRE) recently completed
its 2025 Fire Hazard Severity Zone map update. This map update includes expanded
Local Responsibility Area designations across 4.6 million Southern California acres.
Assembly Bill 211 (2022) mandates the local adoption of the State Fire Marshal's
Moderate and High designations within 120 days. The City of Newport Beach must adopt
these zones by ordinance by July 22, 2025.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2025-11, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Section 9.04.470 (Local Agency Very High Fire Hazard Severity Zone) To
Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity Zones, As
Designated By The California Department of Forestry And Fire Protection And
Pursuant to California Government Code Section 51178; and pass to a second
reading on July 22, 2025.
DISCUSSION:
Background
Government Code Section 51175(a) recognizes that wildfires are extremely costly to both
residents and local agencies, and that embers can ignite structures beyond the active
wildfire area. Because the spread or movement of a fire can cross jurisdictional
16-1
Ordinance 2025-12: Amending Section 9.04.470 (Local Agency Very High Fire Hazard
Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity
Zones
July 8, 2025
Page 2
boundaries, coordinated action across all levels of government is essential to preserve
public peace, health and safety.
In response to the 1991 Oakland Hills fire, Assembly Bill 337 (1992) directed CAL FIRE
to evaluate and identify Very High Fire Hazard Severity Zones (VHFHSZ) within Local
Responsibility Areas (LRAs) and required that this information be shared with local
jurisdictions. CAL FIRE, through the Office of the State Fire Marshal (OSFM), develops
and maintains Fire Hazard Severity Zone (FHSZ) maps under the authority of
Government Code Sections 51175-51189.
These maps help local agencies identify elevated wildfire risk areas and apply appropriate
land use, mitigation and construction standards. CAL FIRE uses advanced fire modeling
techniques that incorporate a 30- to 50-year hazard horizon based on historical wildfire
data, ember transport potential, vegetation fuel loads, and long-term drought conditions.
Unlike weather -based risk assessments, these maps provide a consistent, science -driven
evaluation of hazard potential.
Assembly Bill 642 (2021) expanded CAL FIRE's mandate to include identification of
Moderate and High Fire Hazard Severity Zones (MFHSZ and HFHSZ) within LRAs.
Senate Bill 63 (2021) further required local governments to adopt all three
classifications —Moderate, High, and Very High —into their local planning, zoning and
building regulations. Previously, only Very High zones were required to be designated at
the local level.
Assembly Bill 211 (2022) further reinforces state -local coordination by requiring
jurisdictions to adopt the State fire marshal's Moderate and High FHSZ designations
within 120 days of their release. While local governments may expand the designated
zones based on unique local conditions, they are not permitted to reduce the severity
classifications set by the State fire marshal.
2025 CAL FIRE Map Update
CAL FIRE's 2025 update to the LRA FHSZ maps, released on March 24, 2025,
significantly expands upon the previous 2011 version, which only identified "Very High"
zones. The new maps classify approximately 4.6 million acres in Southern California into
Moderate, High and Very High zones. For the City of Newport Beach, the 2011 maps
included 2,825 parcels in VHFHSZ. Under the 2025 update, 831 parcels are now in the
Moderate zone, 1,160 in the High zone, and 4,247 in the Very High zone.
Properties located within HFHSZ and VHFHSZ are subject to wildfire -resistant
construction standards under California Building Code Chapter 7A. These include
requirements such as ember -resistant venting, ignition -resistant materials, and multi -
pane windows for new construction and major renovations. Additionally, Assembly Bill 38
(2019) mandates that property sellers in VHFHSZs complete a defensible space
16-2
Ordinance 2025-12: Amending Section 9.04.470 (Local Agency Very High Fire Hazard
Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity
Zones
July 8, 2025
Page 3
inspection and provide documentation of compliance with home -hardening standards
before closing escrow.
Homeowners in VHFHSZ must also meet defensible space requirements established by
Government Code Section 51182 and may soon be subject to additional standards under
Assembly Bill 3074 (2020). AB 3074 introduces an "Ember -Resistant Zone" (Zone 0),
defined as the area within five feet of any structure, which must be cleared of combustible
materials including decorative items, landscape vegetation, and potted plants. The Board
of Forestry is expected to finalize Zone 0 regulations by December 31, 2025, pursuant to
Governor Newsom's Executive Order N-18-25.
In compliance with Government Code Section 51178.5 and Senate Bill 63, the City made
the updated FHSZ map available to the public on March 25, 2025, for comment and
review. All materials, including maps, were presented in a format that was clear and
accessible.
The Newport Beach Fire Department also hosted two public outreach events to present
the maps and explain the implications to the community. The first meeting was held on
Monday, May 19 at the Newport Beach Civic Center. The second meeting took place on
Wednesday, June 12 at the OASIS Senior Center. The May 19 meeting was recorded
and made available on the City's website and social media channels.
The 2025 Fire Hazard Severity Zone Maps must be adopted within 120 days of their
release on March 24, 2025. Adoption of this ordinance ensures compliance with State
law, preserves eligibility for related State funding, supports efficient building permit
processing, and enables clear communication with property owners regarding fire safety
requirements.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
16-3
Ordinance 2025-12: Amending Section 9.04.470 (Local Agency Very High Fire Hazard
Severity Zone) To Adopt the 2025 Moderate, High, and Very High Fire Hazard Severity
Zones
July 8, 2025
Page 4
ATTACHMENTS:
Attachment A — Local Responsibility Area Fire Hazard Severity Zone Map
Attachment B — Ordinance No. 2025-11
16-4
Kcal ResnonsiC
:a : l e r1: I It 0 l•Z :a17L
FOUNTAIN
VALLEY
HUNTINGTON
BEACH
/�a a
Z O
♦,
SANTA ANA TUSTIN
--
_
h
_�`• OR
N
•
�4.
Fire Hazard Severity Zones (FHSZ) in Local Responsibility
Area (LRA), as Identified by the State Fire Marshal
= Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area
(SRA), Effective April 1, 2024
Very High High Moderate
IRVINE
Mi 0
�f UNINCORPORATED
ORANGE CO.
��, �
�., �f
.--NF •`
1 2 3
Km 0 1 2 3 4 5
Projection: NAD 83 California Teale Albers
Scale: 1:71,000 at 11" x 17"
Incorporated City 0 Waterbody
Unzoned LRA Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds
Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal
and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread.
16-5
ATTACHMENT B
ORDINANCE NO. 2025-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
9.04.470 (LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONE) TO ADOPT THE 2025 MODERATE,
HIGH, AND VERY HIGH FIRE HAZARD SEVERITY ZONES,
AS DESIGNATED BY THE CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION AND PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 51178
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, pursuant to Health & Safety Code Sections 17922 and 18935, the
State of California Building Standards Commission ("BSC") bi-annually approves the
adoption of new model codes relating to design and construction, for the protection of life
and property;
WHEREAS, on November 15, 2022, the City Council of the City of Newport Beach
("City Council") adopted Ordinance No. 2022-27, the 2022 Edition of the California Fire
Code ("CFC") with local amendments including the Local Agency Very High Fire Hazard
Severity Zone Map specific to Newport Beach;
WHEREAS, Senate Bill 63 amended California Government Code Section 51178
to require local agencies to designate Moderate and High Fire Hazard Severity Zones in
addition to Very High Fire designations within Local Responsibility Areas;
WHEREAS, on March 24, 2025, the California Department of Forestry and Fire
Protection ("CAL FIRE"), through the Office of the State Fire Marshal, published a revised
Fire Hazard Severity Zone map, a copy of which is attached hereto as Attachment A and
incorporated herein by this reference, designating areas as Moderate, High or Very High,
pursuant to California Government Code Section 51178;
WHEREAS, the map designates areas within Newport Beach as Moderate, High,
or Very High Fire Hazard Severity Zones based on a science -based, field-tested model
that assigns hazard scores using factors that influence wildfire likelihood and behavior,
.E
Ordinance No. 2025-
Page 2 of 5
including fuel loading, slope, fire weather, natural vegetation, ember transport, terrain
features, and historical fire activity;
WHEREAS, Government Code Section 51179(b)(3) prohibits local agencies from
decreasing the level of Fire Hazard Severity Zone as identified by the State Fire Marshal,
and the City's review has determined that no additional areas, beyond those identified by
CAL FIRE, require increased hazard designations;
WHEREAS, the City has made the proposed Fire Hazard Severity Zone map
available for public review and comment as required by California Government Code
Section 51178.5, and the Newport Beach Fire Department hosted two public outreach
events to present the map and explain its implications, -
WHEREAS, the City reviewed the CAL FIRE recommendations and public
comments to determine that adoption of the 2025 Fire Hazard Severity Zones is
necessary and appropriate for public safety and wildfire mitigation; and
WHEREAS, a public hearing was held by the City Council on July 8, 2025, in the
Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place,
and purpose of the hearing was given in accordance with Government Code Section
54950 et seq. ("Ralph M. Brown Act") and Section 51175 et seq. Evidence, both written
and oral, was presented to and considered by, the City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The table of contents of Chapter 9.04 (Fire Code) of the Newport
Beach Municipal Code is hereby amended to read as follows:
Chapter 9.04
FIRE CODE
Sections:
9.04.010
Adoption of the 2022 California Fire Code.
9.04.020
Amendment of Section 109.6 Overcrowding.
9.04.030
Amendment of Section 112.4 Violation Penalties.
9.04.040
Amendment of Section 113.4 Failure to Comply.
9.04.050
Amendment to Section 202 Definitions.
16-7
Ordinance No. 2025-
Page 3 of 5
9.04.060 Amendment to Section 305 Ignition Sources.
9.04.070 Amendments to Section 307.4.2 Recreational Fires.
9.04.080 Amendments to Section 308.1.1 Fireplace.
9.04.090 Amendments to Section 308.1.6.3 Sky Lanterns.
9.04.100 Addition of Section 324 Geological Surveys.
9.04.110 Amendments to Section 503.2.1 Dimensions.
9.04.120 Amendments to Section 503.2.4 Turning Radius.
9.04.130 Amendments to Section 503.2.5 Dead Ends.
9.04.140 Amendments to Section 503.2.7 Grade.
9.04.150 Amendments to Section 503.4.1 Traffic Calming Devices.
9.04.160 Amendments to Section 503.6 Security Gates.
9.04.170 Amendments to Section 505.1.1 Premises Identification.
9.04.180 Amendments to Section 506 Key Box Contents.
9.04.190 Amendments to Section 510.1 Emergency Responder Radio Coverage
in New Buildings.
9.04.200 Deletion of Section 510.2 Emergency Responder Radio Coverage in
Existing Buildings.
9.04.210 Amendments to Section 510.4.2.2 Technical Criteria.
9.04.220 Amendments to Section 510.5.2 Approval Prior to Installation.
9.04.230 Amendments to Section 510.5.3 Minimum Qualifications of Personnel.
9.04.240 Amendments to Section 510.5.4 Acceptance Test Procedure.
9.04.250 Amendments to Section 510.6.1 Testing and Proof of Compliance.
9.04.260 Addition of Section 511.1 Building Information.
9.04.270 Amendments to Section 903.2 Where Required.
9.04.280 Amendments to Section 903.2.8 Group R.
9.04.290 Amendments to Section 903.3 Installation Requirements.
9.04.300 Amendments to Section 907.1 General.
9.04.310 Amendments and Additions to Section 912.1 Fire Department
Connections.
9.04.320 Amendments to Section 912.2 Location.
9.04.330 Amendments to Section 1203.1.1 Stationary Generators.
9.04.340 Amendments to Section 3602 Definitions.
9.04.350 Amendments to Section 3603.6 Berthing and Storage.
9.04.360 Amendments to Section 3604.1 General.
9.04.370 Amendments to Section 3604.2 Standpipes.
9.04.380 Amendment to Section 4905.2 Construction Methods and
Requirements Within Established Limits.
9.04.385 Amendment to Section 4906.4.2 Trees.
9.04.386 Amendment to Section 4907.3 Defensible Space Requirements.
Ordinance No. 2025-
Page 4 of 5
9.04.390 Amendments to Section 5003.12 Outdoor Control Areas.
9.04.400 Amendments to Section 5004.1 Scope.
9.04.410 Amendments to Section 5601.1.2 Explosive Materials Terminals.
9.04.420 Amendments to Section 5601.1.3 Fireworks.
9.04.430 Amendments to Section 5601.2.2 Sale and Retail Display.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
9.04.450 Amendments to Section 5706.4 Bulk Plants or Terminals.
9.04.460 Amendments to Appendix B Fire -Flow Requirements for Buildings.
9.04.470 Fire Hazard Severity Zones.
Section 2: Section 9.04.470 is amended and shall read as follows:
9.04.470 Fire Hazard Severity Zones.
The City Council designates those areas identified on the map attached to the
ordinance codified in this section, which is on file with the City Clerk and available
electronically on the City website, as Fire Hazard Severity Zones which include
Moderate, High and Very High Fire Hazard Severity Zones.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA') pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
16-9
Ordinance No. 2025-
Page 5 of 5
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 8th day of July, 2025, and adopted on the 22nd day of July,
2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton,
Mayor
ATTEST:
Molly Perry,
Interim City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFI E
Aar n C. Harp,
City Attorney
Attachment(s): NBMC Section 9.04.470 Fire Hazard Severity Zones Map
16-10
ONINCORPORAfL[I
ilR?NGE G0.
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 0 1 2 3
Area (LRA), as Identified by the State Fire Marshal
Km 0 1 2 3 4
Very High High Moderate Protection NAD83 California Teale Albers
Scale 1.71,000 at 11' x 17'
Fire Hazard Severity Zones in State Responsibility Area
(SRA), Effective April 1, 2024 ;Incorporated CityWaterbody
Very High High Moderate Unzoned LRA Federal Responsibility
Area(FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that Is and other relevant factors including areas where winds
Marshal to Identify areas In the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been Identified by the Office of the State Fire Marshal
and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope. fire weather. as a major cause of wildfire spread.
dos .Angeles Time's
lE DI.
G R O U P
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined With
Daily Pilot, which was adjudged a newspaper of general circulation on
June 19, 1952, Cases A24831 for the City of Newport Beach, County of
Orange, and State of California. Attached to this Affidavit is a true and
complete copy as was printed and published on the following date(s):
Jun 28, 2025
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California on this 1st day of July, 2025.
[signature]
10540 Talbert Avenue
Fountain Valley, CA 92708
8003699 - Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2
dos .Angeles
ME D I A G
Cnlrl Tn-
R 0 U P
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
Bill To:
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
CITY OF NEWPORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY GIVEN that on July 8. 2025,
the City Council of the City of Newport Beach,
California, will introduce an Ordinance entitled;
ORDINANCE NO. 2025-11
ORDINANCE NO. 2025.11- AMENDING SECTION
9.04.470 (LOCAL AGENCY VERY H(GH FIRE
HAZARD SEVERITY ZONEI TO ADOPT THE 202S
MODERATE. RICH, AND VERY HIGH FIRE
HAZARD SEVERITY ZONES. AS DESIGNATED BY
THE CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION AND PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION
51178
The California Department of Forestry and Fire
Protection (CAL FIRH recently completed its 2025
Fire Hazard Severity Zone (FHSZ) map update. This
map update includes expanded Local
Responsibility Area MRA) designations across 4.6
miI]bn Southern California acres. AB 211 mandates
the local adoption of the State Fire Marshal's
Moderate and High designations within 120 days:
The City must adopt these zerw5 by ordinance by
July 22, 2025.
This Ordinance will be introduced by the City
Council of the City of Newport Beach, California, at
a regular meeting thereof on the Sth day of July,
2025.
Second reading of Ordinance No. 2025-12 will
occur a the July 22. 2025, City CounriI meeting- If
adopted on July 22r 2025. the Ordnance shall
become final and effective 30 days after adoption -
Dated this 25th clay of June, 2025,
Publication Date; June 20, 202S
Is} Molly Perry, Interim City Clerk
8003699 - Newport Harbor News Press Combined With Daily Pilot
Page 2 of 2