ORDINANCE 2025-775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORTUNA TO ADOPT
THE FIRE HAZARD SEVERITY ZONE MAP FROM THE OFFICE OF THE STATE
FIRE MARSHAL, AND FIND THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the Office of the State Fire Marshal (State Fire Marshal) is mandated by Government Code Section 51178 to identify levels of fire hazard in the Local Responsibility Area (LRA) based on consistent statewide criteria and the expected severity of fire hazards; and
WHEREAS, Government Code Section 51179 requires the State Fire Marshal to make recommendations of fire hazard severity zones (FHSZ) to local agencies (Section 51177(e)), for city and county designation and adoption by ordinance; and State law requires the Office of the State Fire Marshal (OSFM) to identify lands within State Responsibility Areas for potential Wildfire Hazards; and
WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE) creates FHSZ maps and publicly publishes them for city officials to identify their Local Responsibility Areas, which helps inform decisions related to land use planning, building codes, and community wildfire preparedness; and
WHEREAS, FHSZ maps can be viewed on the CAL FIRE FHSZ Viewer at https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0; and WHEREAS, CAL FIRE developed the recommended FHSZ map 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); and
WHEREAS, the City of Fortuna FHSZ map was released on February 24, 2025; and WHEREAS, between April 14, 2025 and June 2, 2025, the City of Fortuna included the FHSZ map and invitation for public comment in a prominent position on the homepage of the City’s website but no public comments were received; and
WHEREAS, on April 14, 2025, the Fortuna Fire Protection District adopted Ordinance 2024/2025-1, an Ordinance Designating FHSZ within the Fortuna Fire Protection District; and
WHEREAS, notice of the City Council public hearing was posted in the North Coast Journal on June 5, 2025, posted 72 hours before the meeting on the City's website and the City’s community bulletin board located in front of City Hall 72 hours before the meeting; and WHEREAS, the City Council of the City of Fortuna has reviewed the staff report, all supporting documents, public comments, and all relevant information submitted with this Ordinance; and WHEREAS, adoption of this Ordinance is exempt from the California Environmental Quality Act as outlined in SECTION 5 herein.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FORTUNA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above and foregoing recitals are each incorporated by reference and adopted as findings by the City of Fortuna City Council.
SECTION 2. Moderate FHSZs. The City of Fortuna hereby designates areas identified as Moderate FHSZs by the State Fire Marshal as Moderate FHSZs; and SECTION 3. Approval of Map. The map, approved by the City of Fortuna, is hereby incorporated by reference as Exhibit A, and entitled “City of Fortuna Local Responsibility Area Fire Hazard Severity Zones,” dated February 24, 2025.
SECTION 4.Interpretation of FHSZ ratings. For purposes of this ordinance and any regulations or requirements that rely on FHSZ designations, the following methodology shall apply when interpreting parcels that contain more than one FHSZ rating: In instances where a single parcel of land includes area(s) not designated a Moderate Fire Hazard Safety Zone and area(s) that are designated Moderate Fire Hazard Safety Zone, the entire parcel shall be considered as falling within the Moderate Fire Hazard Safety Zone. All development standards, building code requirements, defensible space regulations, or other obligations tied to Moderate FHSZ classification shall be applied to the entire parcel.
Mapping Determination: The official FHSZ maps, as adopted or referenced by the jurisdiction, shall be used to determine zone boundaries and classifications. Parcel-level determinations shall be made by overlaying the official FHSZ map onto parcel boundaries.
Application of Standards: All development standards, building code requirements, defensible space regulations, or other obligations tied to FHSZ classification shall be applied to the entire parcel based on the highest severity zone present.
SECTION 5. CEQA. This Ordinance has been evaluated for conformance with CEQA, the State CEQA Guidelines, and City regulations. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) in that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
The Ordinance also qualifies for an exemption under State CEQA Guidelines section 15002(i)(1), in that adoption of the FHSZs and map is required by Government Code section 51179(a). It does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. Staff will file a Notice of Exemption with the State Clearinghouse and the County Clerk of the County of Humboldt per CEQA Guidelines.
SECTION 6. Effective Date. The effective date of this ordinance is thirty (30) days after adoption by the City Council of the City of Fortuna.
SECTION 7. Severability. If any provision of this ordinance is determined to be invalid, such invalidity does not affect the remaining provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council of the City of Fortuna declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 8. Limited Repeal. Any provision of the City of Fortuna Municipal Code or appendices to it that are inconsistent with the requirements of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance.
INTRODUCTION AND FIRST READING CONDUCTED at a regular meeting of the Fortuna City Council on this 16th day of June 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk
SECOND READING AND ADOPTION CONDUCTED at a regular meeting of the Fortuna City Council on this XX day of XX 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk