ADMINISTRATIVE REPORT
MEETING DATE: May 14, 2025 AGENDA CATEGORY: Consent-Ordinances TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: April 30, 2025
SUBJECT: First Reading of Ordinance enacting Chapter 8.42 to the Bakersfield Municipal Code related to Fire Hazard Severity Zones.
[Document Description]
RECOMMENDATION:
Staff recommends First Reading of the Ordinance.
BACKGROUND:
The California State Legislature has found and declared that: (1) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies; (2) Wildfires pose a serious threat to the preservation of the public peace, health, or safety; (3) It is necessary that cities, counties, special districts, state agencies and federal agencies work together to bring raging fires under control; and (4) preventive measures are needed to ensure t he preservation of the public peace, health and safety (Government. Code Section 51175(a)).
Government Code Section 51178 requires the Department of Forestry and Fire Protection Office of the State Fire Marshal (CAL FIRE) to identify the Very High Fire Haz ard Severity Zones using consistent statewide criteria. CAL FIRE has completed this task and maps have been sent to local agencies throughout the State, including the City of Bakersfield, for adoption by the governing body as required by State law. The Very High Fire Hazard Severity Zones are based on fuel loading, slope, fire weather, vegetation types, fire history, areas prone to high winds and other relevant factors.
Guidance on the local adoption process is provided in Government Code Section 51179 (b) which provides local agencies with the ability to exclude areas from the Very High Fire Hazard Severity Zones identified by CAL FIRE if there are findings supported by substantial evidence in the record that defensible space and other requirements of Gover nment Code Section 51182 are not necessary for effective fire protection within the area. Any modifications made by the City of t he CAL FIRE recommendations are final and not rebuttable by the State Fire Marshal.
Additionally, City is required to implement a defensible space program and enforce said provisions on Very High Fire Hazard Severity Zones, as laid out in Government Code Section 51182.
1. Ordinance enacting Chapter 8.42 to the Bakersfield Municipal Code related to Fire Hazard Severity Zones.
This ordinance includes a map identifying areas within the City that CAL FIRE has designated as Very High Fire Hazard Severity Zones. These designations require the Bakersfield Fire Department to monitor and enforce a defensible space program within these areas to help reduce the risk of wildfires. Chapter 8.42 formally adopts Government Code Sections 51175 through 51188, as amended from time to time, thereby granting the Bakersfield Fire Department the authority to implement and enforce the requirements established under State law.
Environmental Review
The ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) (ministerial project) and CEQA Guidelines Section 15268(a) because the City’s adoption of the ordinance is mandated by Government Code Section 51179(a).
FISCAL IMPACT:
The action to adopt the ordinance to comply with the Government Code relating to fire safety, will not result in any fiscal impact at this time.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Ordinance
2. Map