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HomeMy WebLinkAboutORDINANCE 2903 N.C.S. 06/16/2025 Ordinance No. 2903 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE July 16, 2025 ORDINANCE NO. 2903 N.C.S. Introduced by: Brian Barnacle Seconded by: Karen Nau AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING THE UPDATED FIRE HAZARD SEVERITY ZONE MAPS AS PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) AND REAFFIRMING THE CITY’S EXISTING 2007 WILDLAND URBAN INTERFACE MAP PURSUANT TO GOVERNMENT CODE SECTIONS 51178-51179 WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE) is required by Government Code Section 51178 to identify and periodically update Fire Hazard Severity Zones (FHSZs) in Local Responsibility Areas (LRAs), and in 2025 provided updated FHSZ maps for the City of Petaluma based on the latest fire science, hazard modeling, and environmental data; and WHEREAS, the City of Petaluma previously adopted its FHSZ map in 2007 and maintains a Wildland Urban Interface (WUI), map, shown in attachment 3 to the concurrent staff report, that guides the application of fire-resistant construction standards and defensible space regulations within designated areas; and WHEREAS, Government Code Sections 51178.5 and 51179 require local agencies to make updated FHSZ maps available for public review within 30 days of receipt and to adopt them within 120 days, and the City of Petaluma has complied with these requirements, completing a public review period without receiving comment; and WHEREAS, adoption of the updated FHSZ maps, attached to the concurrent staff report as attachment 2, ensures continued compliance with state law, enhances public safety, supports emergency preparedness and climate resilience strategies, and provides the community with current wildfire hazard information without altering existing local building or defensible space requirements established by the City’s 2007 WUI map and Chapter 7A of the California Building Code; and WHEREAS, this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 of the CEQA Guidelines because the activity is not a project as it can be seen with certainty that adopting a state mandated map is an administrative act and does not in itself result in physical improvements, land alteration, or changes to the environment; moreover, if the action were a project under CEQA it would be categorically exempt pursuant to 15038 (Actions by regulatory agencies for protection of the environment) as adopting the updated mapping supports environmental protection goals by informing wildfire preparedness, fire-safe construction, and defensible space regulations and 15305 (Minor uses to land use limitations) as the map could impose new fire safety regulations and does not result in any change to land use or density; and WHEREAS, the City Council unanimously passed the introduction of this ordinance with a 7-0 vote on June 2, 2025. Docusign Envelope ID: E2D489B4-640C-4766-9365-DA2D9BF5F8D0 Ordinance No. 2903 N.C.S. Page 2 NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. Recital Findings. The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this ordinance as findings and determinations of the City Council. Section 2. CEQA Finding. Finds that the City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15378 of the CEQA Guidelines because the activity is not a project as it can be seen with certainty that adopting a state mandated map is an administrative act and does not in itself result in physical improvements, land alteration, or changes to the environment. Moreover, if the action were a project under CEQA it would be categorically exempt pursuant to 15038 (Actions by regulatory agencies for protection of the environment) as adopting the updated mapping supports environmental protection goals by informing wildfire preparedness, fire-safe construction, and defensible space regulations and 15305 (Minor uses to land use limitations) as the map could impose new fire safety regulations and does not result in any change to land use or density. Section 3. Amendment of Petaluma Municipal Code Section Chapter 17.20.040 to modify 17.20.040 to read as follows (strikethrough text is deleted text and bold italic text is added text: Section 17.20.040 Establishment of fire hazard severity zone(s) (FHSZs). A. Limits Related to Chapter 49 of the California Fire Code Requirements for Wildland-Urban Interface Fire Areas as Amended and Adopted by City of Petaluma. Chapter 49 shall apply to all real property with newly constructed buildings within the city of Petaluma located within the FHSZ Wildland Urban Interface as designated by the Petaluma Fire Chief. and the fire resources assessment program (FRAP) map published by Cal Fire and as amended by the chief. The official map is also located electronically on the following website: https://cityofpetaluma.org/documents/wildland-urban-interface-map/. A map of such areas is maintained in the office of the Petaluma Fire Prevention Bureau. B. The City of Petaluma hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178, as that map be amended from time to time. The map, approved by the city, is hereby incorporated by reference, and entitled “Petaluma Fire Hazard Severity Zones.” The official map is located electronically on the following website: https://cityofpetaluma.org/fire- hazard-severity-zone-maps/. A map of such areas is maintained in the office of the Petaluma Fire Prevention Bureau. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. Docusign Envelope ID: E2D489B4-640C-4766-9365-DA2D9BF5F8D0 Ordinance No. 2903 N.C.S. Page 3 INTRODUCED and ordered published and posted this 2nd day of June 2025. ADOPTED this 16th day of June 2025 by the following vote: Ayes: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs Noes: None Abstain: None Absent: None Kevin McDonnell, Mayor ATTEST: APPROVED AS TO FORM: Caitlin Corley, City Clerk Eric Danly, City Attorney Docusign Envelope ID: E2D489B4-640C-4766-9365-DA2D9BF5F8D0