CC Ordinance No. 25-2272 - Amending Chapter 16.74 of the Municipal Code to Adopt Fire Severity Hazard Zones in the Local Responsibility Area and Chapter 16.40 to the Updated Map - signedORDINANCE NO. 25 2272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.74 OF THE MUNICIPAL CODE TO ADOPT FIRE
SEVERITY HAZARD ZONES IN THE LOCAL RESPONSIBILITY AREA AND
CHAPTER 16.40 TO UPDATE A REFERENCE TO THE UPDATED MAP
The City Council of the City of Cupertino finds that:
Pursuant to California Government Code 51177 51179, California Department of
Forestry and Fire Protection (CALFIRE) has released recommended updates to Fire
Hazard Severity Zones in the Local Responsibility Area. This process last occurred in
2007 and is directed by state law. Fire Hazard Severity Zones consist of Very High,
High, and Moderate designations. Of note, when the current maps were released in
2007 the High and Moderate designations did not apply to the Local Responsibility
Area and only Very High designations were adopted by the City Council. Senate Bill 63
Stern, 2021) amended Government Code 51178 to add the Moderate and High Fire
Hazard Severity Zones in the Local Responsibility Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Exhibit A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub section, paragraph, sub paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub section, paragraph, sub paragraph, sentence, clause and phrase of
this ordinance. If any section, sub section, paragraph, sub paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
Ordinance No. 25 2272
Page 2
SECTION 3: California Environmental Quality Act.
These actions are actions taken to protect the environment and are, therefore, exempt
from CEQA under CEQA Guidelines Section 15308. The foregoing determination is
made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on June 3,
2025 and ENACTED at a regular meeting of the Cupertino City Council on June 17,
2025 by the following vote:
Members of the City Council
AYES: Chao, Moore, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 25-2272
Page3 SIGNED: i,:C?#-
CAMLiang Cnao, MayorCity of CupertinoATTEST:� �Kirsten Squarcia, City ClerkAPPROVED AS TO FORM:if� Floy Andrews, City Attorney DateDate06/25/2025 Date06/25/2025
06/25/2025
EXHIBIT A
CHAPTER 16.74: WILDLAND URBAN INTERFACE FIRE AREA
16.74.010 Wildland Urban Interface Fire Area Adopted.
The City Council of the City of Cupertino hereby adopts the Wildland Urban Interface
Fire Area as provided in the map below.
16.74.010 Purpose.
The purpose of this Chapter is to comply with state law to adopt the Fire Hazard
Severity Zone designations issued by the California Department of Forestry and Fire
Protection (CAL FIRE) in February 2025.
EXHIBIT A
16.74.020 Definitions.
Wildland Urban Interface (WUI) or Wildland Urban Interface Fire Area (WUIFA) mean
a geographical area identified by the state as a Fire Hazard Severity Zone in accordance
with the Public Resources Code Sections 4201 through 4204 and Government Code
Sections 51175 through 51189, or other areas designated by the enforcing agency to be at
a significant risk from wildfires.
16.74.030 Wildland Urban Interface Fire Area Map.
The Wildland Urban Interface Fire Area Map indicating the Fire Hazard Severity Zones
by parcel is adopted as shown below:
EXHIBIT A
CHAPTER 16.40 FIRE CODE
16.40.200 Chapter 49 Requirements for Wildland Urban Interface Fire Areas.
Add Section 4901.3 to read:
4901.3 Where applicable. These requirements shall apply to the Wildland Urban
Interface Fire Area in Chapter 16.74 of the Cupertino Municipal Code.all areas within
the City of Cupertino as set forth and delineated on the map entitled Wildland Urban
Interface Fire Area which map and all notations, references, data and other information
shown thereon are hereby adopted and made a part of this Chapter. The map properly
attested, shall be on file in the Office of the City Clerk of the City of Cupertino.
Add Section 4901.4 to read:
4901.4 Exemptions. These requirements shall not apply to any land or water area
acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate
for listing as an endangered or threatened species by the state or federal
government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or
animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or
federal law.
Add Section 4906.1.1 to read:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of
potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to
buildings, and provide for safe access for emergency wildland fire equipment and
civilian evacuation concurrently, as required by applicable laws and standards.
Add Section 4906.1.2 to read:
4906.1.2 Maintenance required. Maintenance is required to ensure conformance with
these standards and measures, and to assure continued availability, access, and
utilization, of the defensible space during a wildfire.
Add Section 4906.1.3 to read:
4906.1.3 Additional measures. No person subject to these regulations shall permit any
fire hazard, as defined in this chapter, to exist on premises under their control, or fail to
take immediate action to abate a fire hazard when requested to do so by the enforcing
agency.
EXHIBIT A
Add Section 4906.1.4 to read:
4906.1.4 Exemption. For the purposes of this chapter, vegetation removal or
management, undertaken in whole or in part, for fire prevention or suppression
purposes shall not be deemed to alter the natural condition of public property.
Amend Section 4907.3 to read:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads,
driveways, and structures shall be maintained in accordance with the following laws
and regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3,
Article 3, Section 1299.03.
3. California Government Code, Sections 51175 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1,
Section 3.07.
5. Any local ordinance of the City of Cupertino.
Ordinance No. 25-2272 - Amending Chapter
16.74 of the Municipal Code to Adopt
Fire Severity Hazard Zones in the Local
Responsibility Area and Chapter 16.40 to the
Updated Map
Final Audit Report 2025-06-25
Created:2025-06-25
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAQ5kvlTj6sZg3pitG3sLaB3FCOaHOFDQk
Ordinance No. 25-2272 - Amending Chapter 16.74 of the Munic
ipal Code to Adopt Fire Severity Hazard Zones in the Local Res
ponsibility Area and Chapter 16.40 to the Updated Map" History
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Agreement completed.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA , City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance
No. 25-2272 which was enacted on June 17, 2025, and that
it has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 25th day of June 2025.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California