HomeMy WebLinkAboutOrdinance 671 FHSZ Maps - signedORDINANCE NO. 671
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
REPEALING AND REPLACING CHAPTER 14.08.080 OF TITLE 14 (“BUILDINGS AND
CONSTRUCTION”) OF THE MORRO BAY MUNICIPAL CODE RELATING TO
FIRE HAZARD SEVERITY ZONES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay (“City”) is an incorporated city within the State of
California; and
WHEREAS, the City Council finds that the prevention of wildland fires is a matter of both
local and statewide concern; and
WHEREAS, the City Council finds that wildfires are extremely costly to property owners,
residents, and local and state agencies; and that wildfires pose a serious threat to the preservation
of the public peace, health, and safety; and
WHEREAS, the City Council finds that, because fire does not honor municipal boundaries,
it is necessary that cities, counties, and state agencies cooperate on fire prevention measures in
order to preserve the public peace, health, and safety; and
WHEREAS, The California State Fire Marshal updated Fire Hazard Severity Zone maps
for local Responsibility Areas; and
WHEREAS, Local Responsibility Areas (LRA) are incorporated cities, urban regions,
agriculture lands, and portions of the desert where the local government is responsible for wildfire
protection; and
WHEREAS, the City of Morro Bay meets the definition of a Local Responsibility Area
having Moderate, High or Very High Fire Hazard Severity Zones within city limits; and
WHEREAS, the State Fire Marshal has released updated Fire Hazard Severity Zone
Maps, including a map for the City of Morro Bay, as of March 10, 2025.
WHEREAS, California Government Code Section 51179 and California Fire Code Section
4904.3.1 require a local agency to designate, by ordinance, Moderate, High, and Very High Fire
Hazard Severity Zones within its jurisdiction within 120 days of receiving recommendations from
the State Fire Marshal pursuant to Government Code Section 51178; and
WHEREAS, The City of Morro Bay hereby designates the Fire Hazard Severity Zones
as recommended by the California Department of Forestry and Fire Protection pursuant to
Government Code Section 51178, and Government Code 51179
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are hereby adopted
as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. The City of Morro Bay hereby designates the Fire Hazard Severity Zones
as recommended by the Office of the State Fire Marshal pursuant to Government Code Section
51178, dated March 10, 2025, as the Fire Hazard Severity Zones for the City of Morro Bay.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council declares that
it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or
phrases, be declared invalid.
SECTION 4. All ordinances and parts of ordinances in conflict with those sections
amended or added herein are hereby repealed.
SECTION 5. Effective Date. This Ordinance shall not become effective and in full force
and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15)
days after adoption by the City Council, the Ordinance shall be published once, together with the
names of the Council Members voting thereon, in a newspaper of general circulation within the
City.
SECTION 6. Chapter 14.08.080 of Title 14 of the Morro Bay Municipal Code is repealed
and replaced to read in its entirety as follows:
14.08.080 Fire Hazard Severity Zones
A. Purpose and Intent. The purpose of this chapter is to provide authority for the
identification of local fire hazard severity zones and provide authority for enforcement of state and
local codes in these zones. The intent of this chapter is to reduce the potential for fire losses by
providing minimum requirements for the protection of properties constructed in very high hazard
severity zones and other wildland/urban interface areas designated by the fire chief and supported
by substantial evidence.
B. Designation—Recommendation. The Fire Chief is hereby authorized to designate
Moderate, High Very, and High Fire Hazard Severity Zones within one hundred twenty days of
receiving recommendations from the California State Fire Marshal.
C. Designation—Not Identified. The Fire Chief may designate areas not identified as
Moderate, High, or Very High Fire Hazard Severity Zones by the California State Fire Marshal
following a finding supported by substantial evidence in the record that the requirements for
designation as Moderate, High, or Very High Fire Hazard Severity Zones are necessary for
effective fire protection within the area(s).
D. Supported by Substantial Evidence in the Record. "Supported by substantial
evidence in the record" shall require the city council to hold a public hearing and make findings
there is competent substantial evidence in the record to support the Fire Chief's designation as
fire hazard areas.
E. Enforcement. The building official and or Fire Marshal shall enforce the provisions of
Chapter 7A of the California Building Code and Chapter 49 of the California Fire Code in all High
and Very High Fire Hazard Severity Zones and other areas designated by the Fire Chief and
supported by substantial evidence in the record.
F. Permits. All submittals for subdivision, entitlement, or building permits shall
demonstrate that the proposed project allows for compliance with the provisions of Government
Code Section 51182 and Public Resource Code Section 4291, except where otherwise allowed
by law, to the satisfaction of the fire chief and the building official.
G. Defensible Space. Per Government Code 51182 properties located within a Very High
Fire Hazard Severity Zone are subject to a 100-foot defensible space requirement where
applicable.
H. Maps. The adopted Local Responsibility Area Fire Hazard Severity Zone map for the
City of Morro Bay will be kept on file with the City Clerk and available on the city website.
I. Parcels with two or more Zone designations. If a parcel is designated to have two or
more Fire Hazard Severity Zones the requirements of the more restrictive zone shall apply.
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J. DEFINITIONS. The following words and phrases, when used in this Chapter, shall have
the meaning ascribed to them by this section unless it is apparent from the context that another
meaning is intended.
(a) “Fire Hazard Severity Zones” means mapped area as defined by the Office of State Fire
Marshal that designates zones (based on factors such as fuel, slope, fire behavior, ember cast)
with varying degrees of fire hazard (i.e., moderate, high, and very high).
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 27th day
of May 2025 by motion of Councilmember Eckles and seconded by Councilmember Luffee.
PASSED AND ADOPTED on the 10th day of June 2025, by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
____________________________
CARLA WIXOM, Mayor
ATTEST:
______________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_____________________________________
ROBERT W. SCHULTZ, Interim City Attorney
Robert Schultz (Jun 18, 2025 08:24 MDT)
Robert Schultz
Carla Wixom (Jun 18, 2025 08:11 PDT)
Carla Wixom
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY
CERTIFY the foregoing Ordinance Number 671 was duly adopted by the City Council of
the City Council of the City Morro Bay at a regular meeting of said Council on the 10th day
of June 2025 and that it was so adopted on by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal
of the City of Morro Bay, California, this ______ day of _______________, 2025.
DANA SWANSON, City Clerk
18th June
Ord 671 FHSZ Maps
Final Audit Report 2025-06-18
Created:2025-06-11
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAodcCQoL0a6atozBdoClJfcr15fOfjI56
"Ord 671 FHSZ Maps" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2025-06-11 - 6:49:21 PM GMT
Document emailed to rschultz@morrobayca.gov for signature
2025-06-11 - 6:52:34 PM GMT
Email viewed by rschultz@morrobayca.gov
2025-06-11 - 6:59:03 PM GMT
Email viewed by rschultz@morrobayca.gov
2025-06-18 - 0:30:15 AM GMT
Signer rschultz@morrobayca.gov entered name at signing as Robert Schultz
2025-06-18 - 2:24:50 PM GMT
Document e-signed by Robert Schultz (rschultz@morrobayca.gov)
Signature Date: 2025-06-18 - 2:24:52 PM GMT - Time Source: server
Document emailed to cwixom@morrobayca.gov for signature
2025-06-18 - 2:24:53 PM GMT
Email viewed by cwixom@morrobayca.gov
2025-06-18 - 3:11:11 PM GMT
Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom
2025-06-18 - 3:11:41 PM GMT
Document e-signed by Carla Wixom (cwixom@morrobayca.gov)
Signature Date: 2025-06-18 - 3:11:43 PM GMT - Time Source: server
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2025-06-18 - 3:11:45 PM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2025-06-18 - 3:16:25 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2025-06-18 - 3:17:18 PM GMT - Time Source: server
Agreement completed.
2025-06-18 - 3:17:18 PM GMT