FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #2
MEETING DATE May 7, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Dan Mahoney, Ross Valley Fire Chief
SUBJECT Hold a Public Hearing, Read by Title Only, and Adopt an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas
RECOMMENDATION
Hold a Public Hearing and Adopt an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas.
PROCEDURAL NOTE
California Government Code Section 51179(a) mandates that local agencies "shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in [their] jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. The Town of Fairfax received the Local Responsibility Area Fire Hazard Serenity Zone Map on February 24, 2025.
On April 2, 2025, Council conducted the first reading and adopted a resolution scheduling a public hearing for May 7, 2025.
BACKGROUND
At the April 02, 2025 meeting of the Town Council, the Town council conducted a first reading of the proposed ordinance; tonight, the Council will hold a Public Hearing and consider adopting an ordinance designating Fire Hazard Severity Zones in Local Responsibility Area (LRA), originally published February 24, 2025.
The State Fire Marshal is required to classify lands within State Responsibility Areas (SRA) into Fire Hazard Severity Zones. Prompted by the devastating 1991 Oakland Hills Fire, in 1992, state law expanded the requirement for California Department of Forestry and Fire Protection (CAL FIRE) to evaluate fire hazard severity in Local Responsibility Areas (LRA) as well.
More recently, in 2021 CAL FIRE was tasked with identifying Moderate and High Fire Hazard Severity Zones along with the Very High in LRAs. This means that previous 2007 LRA maps that only contained very high classifications and now must also identify moderate and high zones The updated (2025) Fire Hazard Severity Zone (FHSZ) Maps for LRAs will designate fire hazard levels for all areas where fire service is not the responsibility of the state or federal government. (A separate map showing the State Responsibility Area (SRA), was recently updated and became effective in 2024.) CAL FIRE developed the recommended map using a science-based and field-tested model that assigns 2 a hazard score based on the factors that influence fire likelihood and fire behavior. The fire hazard severity model for wild-land fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather conditions. Many factors are considered, such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for an area.
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like a flood zone map, where lands are described in terms of the probability level of a particular area being inundated by floodwaters; “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.
These maps are created by CAL FIRE under the direction of the State Fire Marshal without local jurisdictional input or influence. California Government Code Section 51179(3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. Local agencies are not permitted to decrease or remove areas from the CAL FIRE recommended fire hazard severity zone map, meaning they can only designate areas as a higher hazard than what the map indicates.
History & Local Implementation:
The original FHSZ maps, released in 2007, imposed mandatory construction and defensible space requirements only on parcels identified as Very High. In 2007, the Fairfax Council formally adopted the Town’s Wildland-Urban Interface (WUI) map. This map was created to identify areas where wildfires could impact communities and properties, considering both hazard and risk. The WUI map designated parts of the Town where defensible space, vegetation management and ignition resistant construction methods were necessary. Since the initial adoption of the maps, town construction codes were updated to mandate the use of ignition-resistant construction materials for both new developments and certain remodels of existing structures.
The 2025 FHSZ maps extend beyond the WUI map, expanding vegetation and defensible space requirements and ignition resistant construction methods to the majority of the Town.
DISCUSSION
The ordinance under consideration would designate Fire Hazard Severity Zones in the LRA based on the updated LRA Fire Hazard Severity Zone Map published on February 24, 2025.
State law required CAL FIRE to evaluate fire hazard severity in LRAs. In 2021, CAL FIRE expanded its classifications to include Moderate and High hazard zones in addition to Very High zones. The updated maps identify fire hazard levels in areas not covered by state or federal fire services. 3 CAL FIRE developed the maps using a scientific model that assesses fire probability and behavior based on factors like fire history, vegetation, terrain, and weather conditions. These maps indicate hazard (fire likelihood) rather than risk (actual vulnerability).
Per California Government Code Section 51179(3), local agencies cannot reduce hazard levels but may increase them.
The 2025 FHSZ maps extend beyond the WUI map, expanding vegetation and defensible space requirements to the majority of the Town.
Note that approval of the ordinance adopting the Town FHSZ Map is separate from the Town’s adoption of the Fire Code. While this ordinance and Map must be approved by June, the Fire Code adoption will take place this fall. At that time, the Town Council will review and adopt recommended local amendments to the State Fire Code.
ENVIRONMENTAL IMPACT
Introduction and adoption of the proposed ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to following sections of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378) because the ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Ordinance
B. Fairfax LRA Fire Hazard Severity Zone Map
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX TO DESIGNATE FIRE HAZARD SEVERITY ZONES IN LOCAL RESPONSIBILITY AREAS.
WHEREAS, pursuant to Government Code 51178, the State Fire Marshal shall 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.
WHEREAS, moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, 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.
WHEREAS, Local Responsibility Areas (LRA) are in incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. This is typically provided by city departments, fire protection districts, counties, and by CALFIRE under contract.
WHEREAS, this Ordinance No. ___ was introduced and read by title only at a meeting of the Fairfax Town Council on the 2nd day of April 2025.
NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Fairfax the following:
SECTION 1.
1. The town hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.
2. The map approved by the town, is hereby incorporated by reference, and entitled “Fairfax LRA Fire Hazard Severity Zones.”
3. The official map is located electronically with the Town of Fairfax at www.townoffairfax.org.
SECTION 2: Severability. The Town Council hereby declares every section, paragraph, sentence, clause, and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION 3: Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. Within fifteen (15) days following its passage, a summary of the Ordinance shall be published with the names of those Town Council members voting for and Ordinance XXX
against the Ordinance and the Town Clerk shall post in the office of the Town Clerk a certified copy of the full text of the adopted Ordinance along with the names of the members voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Fairfax Town Council on the 2nd day of April, 2025, and adopted at a regular meeting of the Farfax Town Council on the 7th day of May, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
_________________________________ _________________________________
LISEL BLASH CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
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 The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California 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 Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:20,000 at 11" x 17"
Km 0 0.2 0.4 0.6 0.8 1 1.2 1.4 1.6
Mi 0 0.2 0.4 0.6 0.8 1
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Fairfax
Sir Francis Drake Blvd
Bolinas
Rd
Scenic Rd
Frustuck
Ave
Meernaa Ave
Tamalpais Rd
ForrestAve
Hillside
Dr
Pine Dr
Cascade Dr
UNINCORPORATED
MARIN CO.
UNINCORPORATED
MARIN CO.
SAN ANSELMO
SAN RAFAEL
February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF FAIRFAX – MARIN COUNTY
ATTACHMENT B