EXECUTIVE SUMMARY
California law requires the State Fire Marshal designate fire hazard severity zones (FHSZ), based on fuel loading, slope, fire weather and other relevant factors, such as wind. The law also requires the State Fire Marshal periodically review these zones to determine if zones or ratings should be revised or repealed. This is to ensure an accurate reflection of areas susceptible to wildfire based on new science, climate data and fire assessment modeling.
There are effectively two guiding documents that address wildfire risk in the City: 1) The FHSZ Map, and; 2) the City’s adopted Community Wildfire Protection Plan. The current FHSZ map (2011) designates 221 acres within the boundaries of the City of Carmel-by-the-Sea as a Very High FHSZ. In 2024, the city, in collaboration with the City of Monterey, City of Pacific Grove, the Monterey Fire Department and CAL FIRE adopted a Community Wildfire Protection Plan1 (CWPP) This plan classified 334 acres of city lands as a Wildland-Urban Interface (WUI) area, which is defined as a zone where human development meets or intermingles with wildland or vegetative fuels.
On March 10, 2025, the State Fire Marshal released the updated FHSZ map within the city. This map includes two new severity zones: High and Moderate. City lands designated as Very High in 2011 increased in total acreage, from 221 to 278 acres. In addition, 110 acres are now designated as High and 100 acres are now designated as Moderate.
Pursuant to state law, local jurisdictions shall adopt updated FHSZ maps by ordinance within a specified amount of time of their release from the State. Local jurisdictions do not have the ability to decrease the level of hazard severity identified by the State Fire Marshal. However, local jurisdictions do have the discretion to increase the level of hazard severity.
Fire Hazard Severity Zones and WUI intersect with local land use through state law, including the California Building Code. For example, there are specific construction and defensible space requirements for properties located in any FHSZ or WUI. As such, a change to a property’s designation could result in a change to its regulatory environment.
Essentially, Council is being asked to consider whether to adopt the FHSZ maps as-is, or to self-impose additional designations, such as “WUI” within the City to address wildfire risk.
DISCUSSION
The discussion below provides a summary of state law requirements (i.e. Government Code [GC], Public Resources Code [PRC], California Code of Regulations [CCR] and the California Fire Code [CFC]) and provides a background explanation of the purpose and objective of fire hazard severity zone (FHSZ) maps. Changes between the adopted 2011 and updated 2025 FHSZ map are identified as are the resulting potential changes to land use requirements. The report concludes with discussion points and next steps for which staff seeks direction.
Background
The City of Carmel-by-the-Sea is within a Local Responsibility Area2 (LRA), and fire protection service is provided by the City of Monterey Fire Department. State law requires that lands within an LRA have a FHSZ designation as identified by the State Fire Marshal (Attachment 1 – GC 51178).
The purpose and objective of FHSZ mapping and designation is to identify areas where there is potential for wildfire spread. These severity zones are based on the evaluated hazard of an area, as opposed to risk potential. The criteria for determining Moderate, High and Very High FHSZs include physical conditions that create expected fire behavior such as fuel loading (the amount of combustible material present), slope (topography and vegetation which can create a fuel ladder), fire weather (temperature, humidity, precipitation and atmospheric stability) and wind speed.
In 2022, Assembly Bill (AB) 211 was enacted amending GC section 51179 (see Attachment 1) requiring local agencies to designate Moderate and High FHSZs as identified and recommended by the State Fire Marshal through adoption of an ordinance within their Local Responsibility Area (LRA). Prior to this amendment, LRAs were only required to identify Very High FHSZ areas. This law requires local agencies to adopt the required ordinance within 120 days of receiving the recommendations from the State Fire Marshal.
As explained in the Executive Summary above, local jurisdictions cannot adopt maps which decrease the severity identified by the State Fire Marshal. However, if a local jurisdiction finds that implementing the requirements listed in GC Section 51182 (see Attachment 1) is necessary for effective fire protection within a particular area, maps can be adopted with an increase to severity.
Updated FHSZ Maps
As discussed above, the 2011 FHSZ map designated 221 acres of Very High FHSZ areas at the northern, eastern and southeastern portions of the city (see Figure 1 and Attachment 2). With adoption of AB 211 and updated data and modeling, the 2025 FHSZ map (see Figure 2 and Attachment 3) produced by the State Fire Marshall illustrates an increase to the Very High FHSZ areas (from 221 to 278 acres), newly designated High FHSZ areas (110 acres) and newly designated Moderate FHSZ areas (100 acres).
The Effect of Updated FHSZs on Development
California Building Code (CBC) Chapter 7A and California Fire Code (CFC) Chapter 49 (see Attachment 1) provide minimum standards to reduce the likelihood of life and property loss due to wildfire. These standards apply to LRA areas designated as Very High, High or Moderate or Wildland-Urban Interface3 (WUI) and include specific requirements for enhanced construction methods, vegetation management and defensible space. The CBC is incorporated into the City of Carmel-by-the-Sea Municipal Code (CMC) Title 15 and the CFC is incorporated in CMC Chapter 15.55, California Fire Code.
These enhanced construction methods include, but are not limited to, Class A rated roofing assembly; wildfire flame and ember resistant vents; noncombustible or ignition resistant exterior wall coverings; tempered pane windows, skylights and doors; and decking comprising of State Fire Marshal approved ignition resistant or noncombustible material.
Vegetation management requirements include installation and maintenance of an approved landscape plan delineating fuel management zones, existing vegetation to remain, new vegetation, and irrigation areas. New planting is limited to only fire-resistant vegetation, except for trees planted at least 30-feet from a combustible structure.
Defensible space requires implementation of fuel reduction methods within 100 feet of a structure, but not beyond the property line, and is made up of three zones. “Zone 0” is the immediate area 5 feet from a building and includes surfaces of the structure itself, plants, decks and outdoor furniture. This zone should be maintained with noncombustible material to prevent embers from igniting the structure as it is most vulnerable and should be aggressively maintained to be fire resistant. “Zone 1” is the intermediate area between 5 and 30 feet from a building and should be kept “clean and green” and clear of debris, such as dead/dry leaves plants, grass and weeds to moderate fire behavior. “Zone 2” is an extended zone 30+ feet from a building where fuels should be reduced and maintained.
The Effect of Updated FHSZs on Property Insurance
Insurance companies use independent risk models to determine rates and coverage. These models consider the potential susceptibility of structure damage resulting from short-term factors such as fire. Cal Fire hazards modeling used to develop FSHZ maps consider expected fire behavior over a 50+ year period. As such, the key differences between the two methodologies for modeling are analyzing risk factors that change frequently versus analyzing hazard factors that remain steady and change little over time. In 2022, the California Department of Insurance adopted specific requirements (see Attachment 1, CCR Section 2644.9) for insurance companies utilizing a Wildfire Risk Model summarized above. These regulations allow for discounts for implementation of property-level mitigation efforts. These efforts appear to be in line with CBC Chapter 7A and CFC Chapter 49 requirements (e.g. defensible space and building hardening).
Although state law requires specific hazards modeling to determine rates and coverage, there appears to be a recent concentration of canceling insurance policies within the Very High FHSZ throughout the state.
The Effect of the Community Wildfire Protection Plan & WUI on Development
In comparison between Figures 1 and 2 above, some areas that were designated as Very High FHSZ (predominantly within the Mission Trails Nature Preserve area) in 2011 now either have no designation or were reduced to High or Moderate severity. However, the Community Wildfire Protection Plan (CWPP) classifies the now undesignated land as WUI area (see Attachment 4). In other words, there is a conflict between the State’s perception of wildfire risk and that of our local fire protection agency.
CBC Chapter 7A and CFC Chapter 49 regulations to enhance construction methods still apply to development in these WUI areas, regardless of their FHSZ designation. Further, City of Carmel-by-the-Sea Standard Operating Guidance (SOG) No. 18-04, extends certain wildfire exposure protection requirements throughout the city, not just the Very High FHSZ/WUI area. These measures include Class A roofing assembly for new, or the replacement of 25% or more of a roof, installation of spark arresters, and fire sprinkler systems for new construction or the removal or replacement of 50% or greater of the length of interior and exterior walls within a 5-year period. CMC Section 15.55.100.37 requires implementation of standard defensible space requirements.
Discussion Points/Next Steps
The adoption of the FHSZ map presents the City Council with an opportunity to look at wildfire hazards within the city as a whole and determine the proper next steps to address wildfire hazards throughout the city. In other words, it provides the option to address wildfire risk above and beyond what is called out on the State’s map. Critical decision points and possible next steps include:
1. Adopt the 2025 FHSZ map by ordinance and take no further action; or
2. Adopt a revised FHSZ map by ordinance, and in addition retain areas within the 2011 map designated as Very High which were removed by the State; or
3. Adopt the 2025 FHSZ map by ordinance and amend the CWPP to designate some or all areas within the city boundaries as WUI.
Analysis of options
1. Adopt the 2025 FHSZ map by ordinance and take no further action.
This option meets the minimum requirements of state law and implementation requires the City Council to adopt the 2025 FHSZ map provided by the State Fire Marshal through adoption of an ordinance amending CMC Section 15.08.010. Within 30 days of adoption, the City Council is required to provide a copy of the ordinance to the State Board of Forestry and Fire Protection and post a notice with the County of Monterey identifying the location of the map.
This option would result in applying the enhanced construction methods, vegetation management and defensible space requirements (CBC Chapter 7A and CFC Chapter 49) within areas that are now designated Very High, High and Moderate. These requirements would remain in effect within the WUI area.
2. Adopt the 2025 FHSZ map by ordinance AND add back in areas within the 2011 map designated as Very High which were removed by the State.
Effectively, this would be expanding the very high severity zone wider than what is shown on the 2025 map. This option would require the City Council to make a finding, supported by substantial evidence, that the requirements of GC Section 51182 are necessary for effective fire protection within that area. Adoption of an ordinance, transmittal to the State Board of Forestry and Fire Protection and noticing requirements are the same as above.
The applicability of development requirements would be same as Option 1 above. However, there would be potential for: a) the State Fire Marshal disagreeing with the City’s proposed designation, or b) the State Fire Marshal lessening the severity designation, similar to the changes between the 2011 and 2025 FHSZ map.
It is worth noting again that although state law requires insurance companies to conduct specific hazards modeling to determine rates and coverage, there appears to be a recent concentration of canceling insurance policies within the Very High FHSZ throughout the state. So the council should consider the potential impacts on insurance policies by increasing the mapped FHSZ areas.
3. Adopt the 2025 FHSZ map by ordinance and amend the CWPP to capture all areas within the city boundaries as WUI.
The option is similar to the first listed. However, and in addition, the City Council would amend the CWPP to extend the WUI boundary areas to the city limits.
Enhanced construction methods, vegetation management and defensible space requirements (CBC Chapter 7A and CFC Chapter 49) would be applicable throughout the entire city, regardless of a property’s FHSZ designation. Further, these requirements would remain applicable should there be future changes by the State Fire Marshal (increasing or decreasing severity designations).
Staff Recommendation
Staff recommends the City Council consider the third option and adopt the 2025 FHSZ map by ordinance and amend the CWPP to designate all areas within the city boundaries as WUI. This option would avoid the need to prepare qualitative and quantitative data to support the required finding. While current local codes require wildfire exposure protection measures listed above (SOG No. 18-04), this action would result in an increase to land use development requirements of CBC Chapter 7A and CFC Chapter 49 within the non-designated areas and outside of the WUI (generally west of Junipero and south of 10th Avenue).
As advised by the Monterey Fire Department, staff also recommends the City Counsel adopt an ordinance incorporating PRC Section 4291 (see Attachment 1) within the CMC. This provides the city and fire department clear police powers to enforce defensible space requirements as this is currently done through CMC Chapter 15.57, Property Nuisances.
Further, the City Council may consider adopting an urgency ordinance to allow wildfire protection measures during the interim. These measures could include a prohibition of wood shake roofs, making a site coverage exception for gravel or other non-combustible material installed within Zone 0, and incorporate defensible space enforcement actions provided in PRC Section 4291. Other measures deemed necessary by Council could also be included within an urgency ordinance.
Environmental Review
The agenda item before the City Council consists of presenting information to facilitate a discussion on how the City of Carmel-by-the-Sea maintain or increase land use requirements relative to wildfire. It is not an activity that would result in either a direct or indirect physical change to the environment. Therefore, it is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378.
1 “Community Wildfire Protection Plans” are collaborative, strategic plans that identify areas of high wildfire risk and potential projects intended to mitigate such risk. These plans identify and establish wildland-urban interface areas.
2 “Local Responsibility Area” means areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district.
3 “Wildland-Urban Interface (WUI)” is geographic area where urban development either abuts, intermingles, or intermixes with wildland vegetation and where a local agency has identified the area to be at a significant risk from wildfires.