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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS SECTIONS OF CHAPTER
16.40 OF TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO THE
DESIGNATION OF VERY HIGH FI
RE HAZARD
SEVERITY ZONES
WHEREAS, the State of California Legisl ature ("Legislature" ) has declared in Section 51175(a) of the Californ ia Government Code as follows : (i) that fires are extremely costly, not only to property owners and residents, but also to local agencies ; (ii) that fires pose a serious threat to the preservation of public peace, health, and safety; (iii) that it is necessary that cities, counties, special districts, state agencies, and federa l agencies work together to bring raging fires under control; and (iv) that preventative measures are needed to ensure the preservation of the public peace, health and safety; and WHEREAS, the Legislature has further declared in Section 51175(b) of the California Government Code that the prevention of fires is not a municipal affair, but is, instead, a matter of statewide concern; and
WHEREAS, on July 31, 1995, pursuant to Section 51178 of the California Government Code, the State Fire Marshal had prev iously identified areas within the County of Orange as very high fire hazard severity zone s and were adopted by the City of Anaheim by Ordinance No. 5523; and
WHEREAS, pursuant to Section 51181 of the California Government Code, the State Fire Marshal shall periodica lly review the areas in the state identified as very high fire hazard severity zones and as necessary make recommendations; and this review has been completed; and
WHEREAS, the creation of this map relie d upon the use of cu rrent scientific methods which assessed, vegetation, slope, fire history, weather patterns and significantly improved accuracy by establishing the impact of flames, heat, and flying fire embers; and WHEREAS, pursuant to Section 51179 of the California Government Code, the State Fire Marshal has published a new map depicting areas desi gnated as modera te, high, and very high fire hazard severity zones , and ha s recommended that local agencies adopt these zones through local ordinance; and Section 51179(a) of the California Government Code requires the City of Anaheim to designate by ordinance moderate, high and very high fire hazard severity zones in its jurisdiction within 120 days after receiving the recommendations from the State Fire Marshal; and
WHEREAS, the 2025 Recommended Local Responsibility Area Fire Hazard Severity Zone Map published by CAL FIRE depicting areas designated as moderate, high, and - 2 -
very high fire hazard severity z ones within the City, shown on Exhi bit A, is on file and can be viewed in the Anaheim Fire Department and th e Office of the City Clerk during normal business hours and on the City’s website.
NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 16.40.010 of Chapter 16.40 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
“16.40.010 APPLICATION OF CHAPTER.
.010 The State Legislature has added Chapter 6.8 (commencing with Government Code Section 51175) to Part I of Division I of Title 5 of the Government Code and has amended Section 13108.5 of the Health and Safety Code (collectively the "statutes") providing for designation of areas in the state as moderate, high and very high fire hazard severity zones and identifying measures to retard the rate of spread and reduce the potential intensity of uncontrolled fires; and
.020 The California Director of Forestry and Fire Protection has recommended certain areas within the City of Anaheim be classified as moderate, high and very high fire hazard severity zones; and
.030 The statutes require the City of Anaheim to act upon these recommended classifications within one hundred twenty days of their receipt; and .040 In order to comply with the aforementioned statutes , and in order to correct existing conditions and prevent future cond itions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to adopt an ordinance establishing moderate, high and very high fire hazard severity zones within the City of Anaheim, includ ing areas of the City of An aheim governed by development agreements heretofore approved by the City pursuant to Section 65864, et seq, of the Government Code ("development agreements").
.050 The Fire Marshal's office of the City of Anaheim notified parties to development agreements of the proposed designation of said moderate, high and very high fire hazard severity zones and, where requested, c onferred with parties to said development agreements in a good faith effort to address any questions or problems presented. Of all means reasonably known to the City which could feasibly correct or avoid the injuri ous or detrimental condition, designation of the zones and establishing th ose procedures set forth in Sections
16.40.030, 16.40.040 and 16.40.050 are the most reasonable m eans to protect the health, safety and welfare of the public.
.060 The City Council does hereby furt her find and determin e that failure to adopt the provisions of this chap ter and to make said provisions applicable to properties which are subject to existing develo pment agreements would result in a condition injurious or detrimental to the public health and safety and that the provisions of this chapter are reasonably necessary to correct or avoid such injuriou s or detrimental condition. Consequently, the provisions of this Chapte r shall apply to all prop erty located within the moderate, high and very high fire hazard severity zones described in Section 16.40.020 of this chapter notwithstanding that said property may be the subject of a de velopment agreement which became effective prior - 3 -
to the date of adoption of this chapter and wh ich development agreement contains any provision to the contrary.
.070 It is also necessary for the City of Anaheim to designate those individuals from the City of Anaheim who w ill enforce the provisions of G overnment Code Sections 51175 through 51188 and Health and Safety C ode Sections 13108.5, 13143.2 and 13143.5. (Ord. 5523 § 1 (part); October 3, 1995.)”
SECTION 3
That Section 16.40.020 of Chapter 16.40 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, revised and amended as follows:
" 16.40.020 DESIGNATION OF ZONES.
The City of Anaheim designates those areas identified on the Very High Fire Hazard Severity Zone Map publishe d by the Director of the Califo rnia Department of Forestry and Fire Prevention (CAL FIRE), on file in the Anaheim Fire Department and the Office of the City Clerk, as Very High Fire Hazard Severity Zones within th e City in accordance with Section 51179(a) of the California Government Code.
The areas identified on the Very High Fire Hazard Severity Zone Map published by CAL FIRE shall be subject to the requireme nts of Government Code Sections 51175 through 51188, inclusive, Health and Safety Code Sections 13108.5, 13143.2 and 13143.5 , Public Resources Code Sections 4201-4204, California C ode of Regulations Title 14, Section 1280, as well as such additional requireme nts as may be established for very high fire hazard severity zones by the City of Anaheim or by State law."
SECTION 3. SEVERABILITY.
The City Council of the City of Anah eim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elim ination of any such portion as ma y be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of th is Ordinance is for any reason held to be invalid or unconstitutional, such decisi on shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, pa ragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 4. CERTIFICATION.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its a doption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
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SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introdu ced at a regular meeting of the City Council of the City of Anah eim held on the ____ day of ______________, 2025, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
155420/bmorley
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EXHIBIT A
(attached behind this page)
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
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:139,000 at 11" x 17"
0123456789 1 0 1 1Km
01234567Mi
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Anaheim
5 UNINCORPORATED
LOS ANGELES
CO.
UNINCORPORATED
ORANGE CO.
UNINCORPORATED
ORANGE CO.
W Lincoln Ave
S
Harbor
Blvd
E Lincoln Ave
W Katella Ave
90 241
57 39
91 BREA
BUENA PARK
CERRITOS
CHINO
CHINO HILLS
CORONA
COSTA MESA
CYPRESS
DIAMOND
BAR
FOUNTAIN
VALLEY
FULLERTON
GARDEN GROVE
HUNTINGTON
BEACH
INDUSTRY
IRVINE
LA HABRA
LA HABRA HEIGHTS
LA MIRADA
LA PALMA
LAKE
FOREST
ORANGE
PLACENTIA
SANTA ANA
SANTA FESPRINGS
STANTON
TUSTIN
VILLA PARK
WESTMINSTER
WHITTIER
YORBA LINDA
LOS ANGELES CO.
ORANGE CO.
LOS ANGELES
CO.
ORANGE CO.
SAN BERNARDINO
CO.
O RANGE
CO.
SAN
BERNARDINO
CO.
0DUFK
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF ANAHEIM – ORANGE COUNTY