Ordinance Number 1128
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ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO ADOPTING AND DESIGNATING
FIRE HAZARD SEVERITY ZONE MAPS PURSUANT TO
GOVERNMENT CODE SECTION 51178 AND AMENDING
CHAPTER 4-8 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE; AND A FINDING THAT SAID ACTION IS NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (“CEQA”) AND IS ALTERNATIVELY EXEMPT
FROM CEQA UNDER STATE CEQA GUIDELINES SECTION
15061(B)(3)
WHEREAS, the City of San Juan Capistrano, California (“City”) is a municipal
corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the Legislature has declared in Government Code Section 51175,
Subdivision (a): 1) that fires are extremely costly, not only to property owners and residents,
but also to local agencies; 2) that fires pose a serious threat to the preservation of public
peace, health, and safety; 3) that it is necessary that cities, counties, special districts, state
agencies, and federal agencies work together to bring raging fires under control; and 4) that
preventative measures are needed to ensure the preservation of the public peace, health
and safety; and
WHEREAS, the Legislature has declared in Government Code Section 51175,
Subdivision (b), that the prevention of fires is not a municipal affair, but is, instead, a matter
of statewide concern; and
WHEREAS, on March 24, 2025, pursuant to Government Code section 51179, the
State Fire Marshal released updated Local Responsibility Area (LRA) Fire Hazard Severity
Zone (FHSZ) maps for area that includes San Juan Capistrano, depicting areas designated
as Moderate, High, and Very High FHSZ’s; and
WHEREAS, California Government Code Section 51179 requires local agencies to
adopt, by ordinance, the updated LRA FHSZ maps within 120 days of receiving them; and
WHEREAS, on April 2, 2025, pursuant to Government Code section 51178.5, the
City launched an informational webpage that includes an overview of the FHSZ map
changes for San Juan Capistrano, FAQ’s, informational videos and materials, and
instructions on how to submit public comment; and
WHEREAS, on June 17, 2025, and July 15, 2025, the City Council held duly-noticed
public hearings to consider the Ordinance, including public testimony and agenda reports
prepared in connection with the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does ordain
as follows:
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Section 1. Incorporation of Recitals. The recitals above are each incorporated by
reference and adopted as findings by the City Council.
Section 2. CEQA. The adoption of this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") on the basis that such activities are not a “project” as
defined by State CEQA Guidelines. An activity is not subject to CEQA if the activity is not a
“project” under State CEQA Guidelines section 15378. (State CEQA Guidelines, §
15060(c)(3).) Section 15378 of the State CEQA Guidelines, in turn, provides that
organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment do not qualify as projects subject to CEQA.
Here, the proposed Ordinance constitutes an organization or administrative activity that will
not result in direct or indirect physical changes in the environment because it merely involves
the designation of FHSZs within the City. Accordingly, it is not a project subject to CEQA.
Even if the proposed Ordinance did qualify as a project subject to CEQA, it would be exempt
from CEQA because it can be seen with certainty that there is no possibility that the adoption
of the Ordinance would have a significant effect on the environment for the same reason
described herein. (State CEQA Guidelines, § 15061(b)(3).).
Section 3. Amendments to Code. Chapter 4-8 (Designation of Very High Fire Hazard
Severity Zones Within the City) of the San Juan Capistrano Municipal Code is hereby
amended in its entirety to read as follows:
Chapter 8: Designation of Fire Hazard Severity Zones Within the City
Section 4-8.01 Designation of Fire Hazard Severity Zones
The Local Responsibility Area Fire Hazard Severity Zones map for the City of San
Juan Capistrano dated March 24, 2024, as identified by the State Fire Marshal, is
hereby adopted and incorporated herein for all purposes.
Section 4. Designation of Fire Hazard Severity Zones. The City of San Juan
Capistrano hereby designates the Fire Hazard Severity Zones as recommended by the
California Department of Forestry and Fire Protection pursuant to Government Code section
51178. The City’s Local Responsibility Area Fire Hazard Severity Zones Map is hereby
adopted and provided in Exhibit “A”, attached hereto and incorporated herein by reference.
The official map is also located electronically on the following website:
www.sanjuancapistrano.org.
Section 5. Effective Date. This Ordinance becomes effective 30 days after its
adoption.
Section 6. Submittal to State. The City Clerk shall submit a copy of this Ordinance
to the State Board of Forestry and Fire Protection within 30 days of adoption and take all
necessary actions to post any notices required under Government Code section 51179.
Section 7. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid by a court of competent jurisdiction, 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
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this Ordinance are severable. The City Council declares that it would have adopted this
Ordinance irrespective of the invalidity of any portion thereof.
Section 8. Custodian of Records. The Custodian of Records for this Ordinance is
the City Clerk and the records compromising the administrative record are located at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675.
Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance
and post or publish this Ordinance as required by law.
PASSED, APPROVED AND ADOPTED on this 5th day of August, 2025.
________________________________
TROY A. BOURNE, MAYOR
ATTEST:
________________________________
CHRISTY JAKL, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHRISTY JAKL, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1128 which was regularly introduced
and placed upon its first reading at the Regular Meeting of the City Council on the 15th day
of July 2025 and that thereafter, said Ordinance was duly adopted and passed at the Regular
Meeting of the City Council on the 5th day of August 2025 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Farias, Hart, Taylor, Campbell and Mayor Bourne
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
CHRISTY JAKL, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHRISTY JAKL, 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 10th day of July 2025, 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 ADOPTING AND DESIGNATING FIRE HAZARD
SEVERITY ZONE MAPS PURSUANT TO GOVERNMENT CODE
SECTION 51178 AND AMENDING CHAPTER 4-8 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE; AND A FINDING THAT SAID ACTION
IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (“CEQA”) AND IS ALTERNATIVELY EXEMPT FROM CEQA UNDER
STATE CEQA GUIDELINES SECTION 15061(B)(3)
This document was posted in the Office of the City Clerk
________________________________
CHRISTY JAKL, CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHRISTY JAKL, 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 6th of August 2025, I caused to be posted a certified copy of Ordinance No. 1128,
adopted by the City Council on August 5, 2025, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING AND DESIGNATING FIRE HAZARD
SEVERITY ZONE MAPS PURSUANT TO GOVERNMENT CODE
SECTION 51178 AND AMENDING CHAPTER 4-8 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE; AND A FINDING THAT SAID ACTION
IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
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ACT (“CEQA”) AND IS ALTERNATIVELY EXEMPT FROM CEQA UNDER
STATE CEQA GUIDELINES SECTION 15061(B)(3)
This document was posted in the Office of the City Clerk
________________________________
CHRISTY JAKL, CITY CLERK
San Juan Capistrano, California
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EXHIBIT “A”
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
Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire
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
Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:39,000 at 11" x 17"
0 1 2 3Km
0 1Mi
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility
Area (LRA), as Identified by the State Fire Marshal
San Juan
Capistrano
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74
1
73
UNINCORPORATED
ORANGE CO.
DANA POINT
LAGUNA NIGUEL
MISSION
VIEJO
SAN
CLEMENTE
March 24, 2025
As Identified by the
State Fire MarshalLocal Responsibility Area
Fire Hazard Severity Zones
CITY OF SAN JUAN CAPISTRANO – ORANGE COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024