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File Number: 25-240 new construction projects will remain the same. New projects will need to comply with the requirements set forth in Chapter 7A of the 2007 California Building Code. Chapter 7A requirements only affect new construction. Remodels and additions to existing structures are not affected. The regulation establishes minimum standards for the protection of life and property by increasing the ability of a building located in a High or Very High Fire Hazard Zone to resist the intrusion of flames or burning embers projected by a vegetation fire. The regulation requires Fire Resistive Materials on the exterior of the building and closure of roof vents. The City of San Leandro’s Building Department has similar standards in place today. Under the new ordinance, property owners in High and Very High FHSVs are also required to make a natural hazard disclosure as part of a real estate transfer. Alameda County Fire Department Code (ACFD) Compliance Officers will handle this requirement. Analysis It should be noted that local jurisdictions are permitted to designate areas not identified as Very High Fire Hazard Severity Zones by the State Fire Marshal as Very High Fire Hazard Severity Zones following a finding supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the area. California Government Code Section 51182 speaks to 100-foot defensible space clearance requirements. Staff recommends adopting the new maps as they are. Staff recommends against stricter Very High FHSZ adoption. The reasons are several: ·In addition to 100-foot (Zone 2) and 30-foot (Zone 1) defensible space requirements, the State will very likely adopt 5-foot (Zone 0) requirements for Very High FHSZs. The City would have to adopt another new neighborhood protection ordinance to enforce these clearance requirements. The consequences are likely to include substantial costs required to inspect, notice, cite, fine, abate, and issue liens. Departments impacted would include Community Development, Police, Legal, and Fire. ·Staff fully supports the above-mentioned defensible space clearance recommendations in the wildland-urban interface area. The key distinction is the way the City gains compliance. The Alameda County Fire Department already performs defensible space clearance inspections for the City and will continue to do so. Community education and engagement has proven to be substantially more effective than adopting an ordinance that will trigger enforcement. The education strategy is more friendly to homeowners and contractors for maintenance and remodeling. It yields more participation and incentivizes permitted work. In 2020 Marin County voters passed a parcel tax that created the Marin Wildfire Prevention Authority. This JPA includes 17 agencies, including every city in the County, and has $19,000,000 per year to fund robust wildfire safety projects. Only one city, San Rafael, has a mandatory defensible space policy. Other agencies report that they have chosen not to mandate due to the policy’s cost and ineffectiveness in gaining compliance. ·Insurance companies are likely to drive compliance in defensible space and home hardening in the near future. ·CAL FIRE’s FHSZ map evaluates “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction. Page 2 City of San Leandro Printed on 9/4/2025