HomeMy WebLinkAboutOrdinance No. 2025-05 | 2025 State Fire Hazard Severity Zones | Adopted 06/16/2025ORDINANCE NO. 2025-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING BY RFERENCE THE MAPPING OF FIRE HAZARD
SEVERITY ZONES AS ISSUED BY THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
WHEREAS, in 1992, the California Legislature adopted the Bates Bill, codified as
Government Code sections 51175, et seq., to prevent and control wildfires in the State,
and reduce the intensity of uncontrolled fires, in order to protect life and property within
the State; and
WHEREAS, as stated in Section 51176 of the Government Code, the purpose of
the Bates Bill is to classify lands in the State in accordance with whether a very high fire
hazard is present so that public officials are able to identify measures that will retard the
rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to
destroy resources, life, or property; and
WHEREAS, Section 51178 of the Government Code requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard
severity zones based on consistent statewide criteria and based on the severity of fire
hazard that is expected to prevail in those areas, including based on fuel loading, slope,
fire weather, winds, and other relevant factors; and
WHEREAS, Section 51181 of the Government Code requires the State Fire
Marshal to periodically review the areas in the state identified as very high fire hazard
severity zones and, as necessary, make recommendations relative to very high fire
hazard severity zones, including every five years if possible; and
WHEREAS, Section 51179 of the Government Code requires local agencies by
ordinance to designate moderate, high, and very high fire hazard severity zones within
their jurisdictions following receipt of updated recommendations from the State Fire
Marshal. In making this determination, local agencies may, upon specified findings, add
to or increase the areas within their jurisdictions recommended for designation as
moderate, high, and very high fire hazard severity zones but may not decrease the level
of fire hazard severity zones as identified by the State Fire Marshal. Changes made by
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a local agency to the recommendations made by the State Fire Marshal shall be final
and shall not be rebuttable by the State Fire Marshal; and
WHEREAS, by transmittal dated February 24, 2025, the City received from the
State Fire Marshal a map entitled “City of Gilroy – Santa Clara County Local
Responsibility Area Fire Hazard Severity Zones,” copy of which is attached hereto as
Exhibit A, which provides recommendations pursuant to Section 51178 of the
Government Code for designation of fire hazard severity zones within the City of Gilroy;
and
WHEREAS, consistent with Section 51178.5 of the Government Code, the City
within 30 days after receiving this transmittal, made this transmittal, the proposed map,
and all information contained therein available for public review and comment in a
format that was understandable and accessible to the general public, including through
posting on the City of Gilroy Website; and
WHEREAS, consistent with Section 511795 of the Government Code, the City
Council now within 120 days of receiving this transmittal intends to approve and adopt
by ordinance the most recent Fire Hazard Severity Zone Map recommended by the
State Fire Marshal.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
RECORD AND BASIS FOR ACTION: The City Council has duly considered the full
record before it, which may include but is not limited to such things as the City staff
report, testimony by staff and the public, and other materials and evidence submitted or
provided to the City Council. Furthermore, the recitals set forth above are found to be
true and correct and are incorporated herein by reference.
SECTION II
ADOPTION OF FIRE HAZARD SEVERITY ZONES MAP: As reflected in the map
entitled “City of Gilroy – Santa Clara County Local Responsibility Area Fire Hazard
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Severity Zones,” a copy of which is attached hereto as Exhibit A and incorporated
herein, the City of Gilroy, by and through the Gilroy City Council, hereby designates the
Fire Hazard Severity Zones as recommended by the State Fire Marshal pursuant to
Section 51178 of the Government Code. Said map shall be kept on file in the Office of
the Gilroy City Clerk and will also be made accessible through the Gilroy Fire
Prevention Division and as practical through the City of Gilroy Website.
SECTION III
APPLICABILITY: Materials and construction methods for exterior wildfire exposure
applying to the design and construction of new buildings as found in the California
Building Code and the mitigation strategies to reduce risk associated with wildland fires,
exemptions, disclosure requirements and violation and penalty provisions pursuant to
Sections 51182 through 51189 of the Government Code, Section 1102.6f and 1102.19
of the Civil Code, Section 10094.2 of the Insurance Code, Section 32282 of the
Education Code, and such other laws as are made applicable by reference to state and
local fire hazard severity maps adopted pursuant to the Bates Bill shall apply to those
areas identified in the map entitled “City of Gilroy – Santa Clara County Local
Responsibility Area Fire Hazard Severity Zones,” a copy of which is attached hereto as
Exhibit A.
SECTION IV
TRANSMITTAL: Consistent with Section 51179(c) of the Government Code, the Gilroy
Fire Marshal shall transmit a copy of this Ordinance to the State Board of Forestry and
Fire Protection within thirty (30) days of adoption.
SECTION V
SEVERABILITY: The provisions of this Ordinance are separable, and the invalidity of any
phrase, clause, provision, or part shall not affect the validity of the remainder.
SECTION VI
EFFECTIVE DATE AND POSTING: In accordance with Section 36937 of the
Government Code of the State of California, this Ordinance shall take effect thirty (30)
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days from and after the date of its passage. The City Clerk of the City of Gilroy shall
cause this Ordinance or a summary thereof to be published in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 16th day of June, 2025, by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco; Cline; Fugazzi; Hilton; Marques;
Ramirez; Mayor Bozzo
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
______________________________
Greg Bozzo, Mayor
ATTEST:
Bryce Atkins, Acting City Clerk
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City and County boundaries as of 10/22/24 (CA Board of Equalization)
CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1)
Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection
Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection
Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency
Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire
Protection make no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the Department shall
be liable under any circumstances for any direct, special, incidental,
or consequential damages with respect to any claim by any user or
third party on account of, or arising from, the use of data or maps.
and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal
as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is
expected to prevail in those areas. Moderate, high, and very high fire
hazard severity zones shall be based on fuel loading, slope, fire weather,
Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high,
and very high fire hazard severity zones based on consistent
Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:47,000 at 11" x 17"
0 1 2 3Km
0 1 2Mi
Very High High Moderate
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility
Area (LRA), as Identified by the State Fire Marshal
Gilroy
101
152
UNINCORPORATED
SANTA CLARA CO.
February 24, 2025
As Identified by the
State Fire MarshalLocal Responsibility Area
Fire Hazard Severity Zones
CITY OF GILROY – SANTA CLARA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
Exhibit A
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CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Ordinance No. 2025-05 is an original ordinance, or true and correct copy of
a City Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting
of said Council held on Monday, June 16, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this June 19, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
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