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requires the State Fire Marshal periodically review these zones to determine if zones or ratings should be revised or repealed.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.
On May 5, 2025, Community Planning and Building staff presented changes for the current FHSZ map (2011) and the updated map the State Fire Marshal released on March 10, 2025. Staff also presented relevant wildfire code requirements and the Wildland-Urban Interface (WUI) area designated in the 2024 adopted a Community Wildfire Protection Plan.
Pursuant to state law, local jurisdictions shall adopt updated FHSZ maps by ordinance within a specified amount of time. 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.
On May 5, 2025, the City Council directed staff to return with a draft ordinance adopting the 2025 State Fire Marshall prepared FHSZ map.
The draft Ordinance for adoption is included as Attachment 1, with the updated map (Exhibit A to the Ordinance) included as Attachment 2. A redline version of the draft Ordinance to show the changes to the municipal code if adopted are included as Attachment 3.
DISCUSSION
Government Code (GC) Section 51179(a) states that “A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.”
On March 10, 2025, the State Fire Marshal released an updated Fire Hazard Severity Zone (FHSZ) map and pursuant to state law, the city shall adopt the map by ordinance on or before July 8, 2025.
On May 5, 2025, the City Council received a staff presentation on the updated FHSZ map and directed staff to return with a draft ordinance. At the direction of Council, staff is returning to introduce and waive the full reading of Ordinance 2025-002 (Attachment 1) and will return for a second reading at the July 1, 2025, City Council meeting.
Environmental Review
Adoption of an ordinance pursuant to GC Section 51179(a) does not include an increase to FHSZ levels or areas beyond what was identified by the State Fire Marshall. Therefore, action by the City Council does not include exercising the discretion afforded in GC Section 51179(b). As such, adoption of the ordinance is a ministerial action statutorily exempt pursuant to Public Resources Code (PRC) Section 21080(b)(1) and CEQA Guidelines Section 15268. Further, PRC Section 21080(b)(4) and CEQA Guidelines Section 15269(c) statutorily exempts actions necessary to prevent or mitigate an emergency. The Governor of California Executive Order N-18-25 identifies that California is at a great risk due to wildfire. This order proclaims that standards, regulations and statutes shall be incorporated to harden communities to reduce wildfire risk. Adoption of the FHSZ map furthers this proclamation. Therefore, this action qualifies under this exemption.
CEQA Guidelines Sections 15307 and 15308 categorically exempts actions by regulatory agencies for protection of natural resources and of the environment, respectively. These include actions taken by regulatory agencies (i.e. the City) as authorized by state law (i.e. GC Section 51179(a)) to assure the maintenance of a natural resource and protection of the environment where the regulatory process involves procedures for such maintenance and protection. Adoption of an ordinance incorporating the updated FHSZ map prepared by the State Fire Marshal within the Carmel-by-the-Sea Municipal Code is required by state law and associated wildfire prevention and protection measures ensure the maintenance of the city’s natural resources and protection of the overall environment. None of the exceptions to the exemptions listed in CEQA Guidelines Section 15300.2 exist in this case. Although additional areas are now designated, from 221 acres to 488 acres, the required vegetation management and structural hardening are already required by state law and do not go beyond the baseline requirements. Therefore, the ordinance does not present or entail any unusual circumstances.