HomeMy WebLinkAbout04 - 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 ProtectionQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 26, 2025
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyies@nbfd.net
PREPARED BY: 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:
For the City Council's consideration is the adoption of an ordinance to amend section
9.05.470 of the Newport Beach Municipal Code to adopt the 2025 Moderate, High and
Very High Fire Hazard Severity Zones as designated by the California Department of
Forestry and Fire Protection (CAL FIRE). This 2025 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. Ordinance No. 2025-11 was introduced and
considered at the City Council's regular meeting on July 8, 2025.
RECOMMENDATIONS:
a) 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
b) Conduct second reading and adopt 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.
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At its July 8, 2025 meeting, the City Council introduced and passed to second reading
Ordinance No. 2025-11. The ordinance adopts the 2025 Fire Hazard Severity Zone map
update as issued by CAL FIRE. The map, released on March 24, 2025, significantly
expands upon the previous 2011 version, which only identified "Very High" zones.
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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
August 26, 2025
Page 2
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 the Very High
Fire Hazard Severity Zone (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 the High Fire Hazard Severity Zone and the 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 inspection and provide documentation of compliance with
home -hardening standards before closing escrow.
Homeowners in the 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.
The 2025 Fire Hazard Severity Zone Maps must be adopted within 120 days of their
release on March 24, 2025. Adoption of Ordinance No. 2025-11 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.
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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).
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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
August 26, 2025
Page 3
ATTACHMENTS:
Attachment A — Local Responsibility Area Fire Hazard Severity Zone Map
Attachment B — Ordinance No. 2025-11
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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
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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.
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,
including fuel loading, slope, fire weather, natural vegetation, ember transport, terrain
features, and historical fire activity;
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Ordinance No. 2025-11
Page 2 of 5
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.
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.
mo
Ordinance No. 2025-11
Page 3 of 5
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 -�o 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 Amendmenrs 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.
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.
Ordinance No. 2025-11
Page 4 of 5
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.
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 sha'.I b,_: 'n 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 Secticn 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2025-11
Page 5of5
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 26th day of
August, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton,
Mayor
ATTEST:
Molly Perry,
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
—1 Z, f �__
Aaron . Harp,
City At rney
Attachment(s): NBMC Section 9.04.470 Fire Hazard Severity Zones Map
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Fire Hazard Severity Zones (FHSZ) in Local Responsibility MI o 1 2 3
-.5i. Area (LRA), as Identified bythe State Fire Marshal
y Lt Km 0 1 2 3 4 5
Very High High Moderate
Projection_ NAn 83 California TeaEe Nbers
Scale 1.71.000at 11'r 17"
-..... Fire Hazard Severity Zones in State Responsibility Area
{SRA), Effective April 1, 2024 __ Incorporated City \\ Watorbody
` Very High High Moderate Llnzoned LRA Federal Responsibility
� Area(FRA)
Government Code section 51178 requires the State Rre statew}de criteria and based on the severity of fire hazard that Is and other relevant facturs 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.
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