Ordinance Number 1068ORDINANCE NO. 1068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADDING A NEW
SECTION 4-2.101 TO CHAPTER 2 OF TITLE 4 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE, REGARDING
FIRE PREVENTION
WHEREAS, the City's climatic, topographical, circulation, seismic, geological, and
wildland-urban interface conditions create an increased risk of fires; and
WHEREAS, the California Department of Forestry and Fire Protection reports an
average of 103 wildfires per year are ignited by illegal open fires, and, several fire
departments in California have responded to such fires at, or caused by activities at,
unauthorized camping; and
WHEREAS, the City Council desires to amend the San Juan Capistrano Municipal
Code to prohibit fires in the City's open spaces; and
WHEREAS, the City, by virtue of the police powers delegated to it by the California
Constitution, is authorized to adopt policies to promote the health, safety, and general
welfare of its residents.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does
ordain as follows:
SECTION 1. Incorporation of Recitals. The City Council here incorporates and
adopts the foregoing recitals and accompanying staff reports as findings as though they
were fully set forth herein.
SECTION 2. CEQA. The City Council finds that this ordinance is not subject to the
requirements of California Environmental Quality Act ("CEQA") for the following reasons:
A. This ordinance is not "project" within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in direct or
indirect physical change in the environment.
B. This ordinance is exempt under Section 15061(b)(3), the general rule
exemption, because it can be seen with certainty that there is no possibility
that this ordinance will have a significant effect on the environment.
SECTION 3. Findings. The City Council hereby finds and determines as follow
A. Climatic Conditions.
1. San Juan Capistrano is located in a semi -arid Mediterranean type
climate with an extensive urban/wildland interface. It annually
experiences extended periods of high temperatures with little or no
01068
precipitation. Hot, dry (Santa Ana) winds, which may reach speeds
of 70 miles per hour or greater, are also common to the area. These
climatic conditions cause extreme drying of vegetation and common
building materials. Frequent periods of drought and low humidity add
to the fire danger. This predisposes the area to large destructive fires
(conflagration), In addition to directly damaging or destroying
buildings, these fires are also prone to disrupt utility services
throughout the City.
2. In August 2018, the Holy Fire in the Holy Jim/Trabuco Canyon area
in the Cleveland National Forest burned more than 22,000 acres and
damaged or destroyed over 20 structures. San Juan Capistrano is
located less than 20 miles south of the Cleveland National Forest.
3. In June 2018, the Aliso Fire burned 175 acres and temporarily
displaced thousands of Laguna Beach and Aliso Viejo residents, and
a number of firefighters suffered injuries. San Juan Capistrano is
located less than 10 miles southeast of Aliso Viejo.
4. In June 2017, the Cristianitos Fire scorched 760 acres and involved
more than 350 firefighters, two air tankers, and two water helicopters
to battle the fast-moving brush fire.
5. The climate alternates between extended periods of drought and
brief flooding conditions. Flood conditions may affect the local fire
authority's ability to respond to a fire or emergency condition. Floods
also disrupt utility services to buildings and facilities within the City.
6. These dry climatic conditions and winds contribute to the rapid
spread of even small fires originating in vegetation and open space.
These fires spread very quickly and create a need for increased
levels of fire protection.
B. Topographical and Circulation Conditions.
1. Natural slopes of 15 percent or greater generally occur throughout
the foothills of Orange County. The elevation change caused by the
hills creates the geological foundation on which communities within
Orange County are built and will continue to build. With much of the
populated flatlands already built upon, future growth will occur
steeper slopes and greater constraints in terrain.
2. Traffic and circulation congestion is an artificially created, obstructive
topographical condition, which is common throughout the City.
3. These topographical conditions place fire department response time
to fire occurrences at risk, and make it necessary to provide
increased protection measures to protect occupants and property.
2 01068
C. Seismic Conditions.
1. The City is a densely populated area, and the Orange County region
has buildings constructed over and/or near a vast and complex
network of faults that are believed to be capable of producing future
earthquakes similar or greater in size that the 1994 Northridge and
the 1971 Sylmar earthquakes. Earthquake faults run along the
northeast and southwest boundaries of Orange County. The
Newport -Inglewood Fault, located within Orange County was the
source of the destructive 1933 Long Beach earthquake (6.3
magnitude) which took 120 lives and damaged buildings in an area
from Laguna Beach to Marina Del Rey to Whittier. In December
1989, another earthquake occurred in the jurisdiction of Irvine at an
unknown fault line. Regional planning for reoccurrence of
earthquakes is recommended by the California Department of
Conservation.
2. Previous earthquakes have been accompanied by disruption of
traffic flow and fires. A severe seismic event has the potential to
negatively impact any rescue or fire suppression activities because
it is likely to create obstacles similar to those indicated under the
high -wind section above. With the probability of strong aftershocks
there exists a need to provide increased protection.
3. October 17, 1989, Santa Cruz earthquake resulted in one major fire
in San Francisco's Marina District. When combined with the 34 other
fires locally and over 500 responses, the local fire department was
taxed to its fullest capabilities. The Marina District fire was difficult to
contain because mains supplying water to the district burst during
the earthquake. This situation creates the need for additional fire
protection. The California Department of Conservation Division of
Mines and Geology noted in their 1988 report, "unfortunately, barely
meeting the minimum earthquake standards of building codes places
a building on the verge of being legally unsafe." (Planning Scenario
for a Major Earthquake on the Newport -Inglewood Fault Zone, p. 59)
D. Wildland-Urban Interfaces. The City includes a number of wildland-urban
interfaces, both on public and private lands, which pose a greater risk of
wildfires. For this reason, California law requires homeowners to clear
flammable vegetation within 30 feet of buildings and to modify vegetation
with 100 feet from buildings to create defensible space for firefighters to
safely protect their homes. (Cal. Pub. Res. Code § 4291.)
SECTION 4. Chapter 2 of Title 4 of the San Juan Capistrano Municipal Code,
Public Safety, is hereby amended to a new Section 4-2.101, regarding Fire Prevention:
"Section 4-2.101 Fires.
3 01068
(a) No person shall kindle, build, light or maintain, or authorize to be
kindled, built or maintained, a fire in any place other than facilities
specifically designed and built for that purpose for which a permit has been
issued by the Building Official of the City of San Juan Capistrano, upon
consultation with the Orange County Fire Authority. Any fire that is built, lit,
kindled or maintained pursuant to a permit issued by the City's Building
Official shall comply with all applicable permits and other regulations of air
pollution control authorities and all other laws, rules and regulations. The
City's Building Official may delegate entirely to the Orange County Fire
Authority the authority to issue special permits for fires in such places or
locations as may, in the Building Official's discretion, be deemed safe or
which do not interfere with the public welfare.
(b) The use of flammable or combustible liquids (except for approved
charcoal lighter fluid) is strictly prohibited. In addition, the California Fire
Code as adopted through City ordinance is fully enforceable and must be
adhered to. Fires are to be attended by persons twenty-one (21) years of
age or older at all times until extinguished. A portable fire extinguisher or
other approved equipment or method of extinguishing the fire shall be
available for immediate use. Fires shall be fully extinguished before
vacating the area.
(c) Any violation of this section shall be unlawful and is a misdemeanor
and subject to other administrative or civil remedies. This Section 4-2.101
does not apply to Section 5-21.04(k) of the San Juan Capistrano Municipal
Code, regarding fires in the City's parks, nor does this Section 4-2.101
apply to the use of BBQs, portable BBQs, portable fireplaces, fire rings, or
similar devices in the private yards of one- or two-family dwellings or in other
areas approved by the City's Building Official, upon consultation with the
Orange County Fire Authority, wherein the opinion of the Building Official,
use of the device does not pose an elevated risk of uncontrolled fire."
SECTION 5. Existing Code Provisions. All existing provisions of the Municipal
Code that are repeated herein are repeated only to aid decision -makers and the public in
understanding the effect of the proposed changes. Restatement of existing provisions
does not constitute a new enactment.
SECTION 6. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, such invalidity has no effect on the other 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 declares that it would have adopted this resolution irrespective of the invalidity of
any portion thereof.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this
ordinance and cause it, or a summary of it, to be published once within fifteen (15) days
of adoption in a newspaper of general circulation printed and published within the City of
4 01068
San Juan Capistrano, and shall post a certified copy of this ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with California
Government Code Section 36933.
SECTION 8. Custodian of Records. The documents and materials associated with
this Ordinance that constitute the record of proceedings on which the City Council's
findings and determinations are based are located at San Juan Capistrano City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development
Services Director is the custodian of the record of proceedings.
SECTION 9. Notice of Exemption. The City Council hereby directs City staff to
prepare and file a Notice of Exemption with the County of Orange, County Clerk within
five working days of the adoption of this Ordinance.
SECTION 10. APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of San Juan Capistrano this 215' day of May 2019.
13 RYOTT, MAYOR
01068
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1068 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 7'h day of May 2019 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 215' day of May 2019 by the following
vote, to wit:
11 11
AYES: `COUNCIL MEMBERS: Reeve, Farias, Bourne, and Mayor Maryott
NOES'\ COUNCIL MEMBERS: None
ABSE T: COUNCIL MEMBERS: Taylor
MARIA\MORI�S, CITY CLEF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 81h day of May 2019, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDI GA NEW SECTION 4-2.101 TO
CHAPTER 2 OF TITLE 4 OF THE SAN U N CAPISTRANO MUNICIPAL
CODE, REGARDING FIRE PREVENTIO
This document was posted in the Office of the, City Ojerk
San Juan
CITY CLERK
no, Californiz
6 0 1068
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 22nd day of May, I caused to be posted a certified copy of Ordinance No. 1068,
adopted by the City Council on May 21, 2019, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING A ,NE SECTION 4-2.101 TO
CHAPTER 2 OF TITLE 4 OF THE SAN[ JUAN APISTRANO MUNICIPAL
CODE, REGARDING FIRE PREVENT[, N
This document was posted in the Office of the City
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
7 0 1068