CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: May 20, 2025
SUBJECT: Introduction of Ordinance No. 2025-235 Amending the Laguna Niguel Municipal Code Designating Fire Hazard Severity Zones as required by Government Code Section 51178 and Determining the Action Not Subject to the California Environmental Quality Act (CEQA).
RECOMMENDATION
Staff recommends that the City Council:
1. Waive the full reading, make any changes to, and introduce Ordinance No. 2025- 235 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA, AMENDING ARTICLE 7 TO DIVISION 3, TITLE 11
OF THE LAGUNA NIGUEL MUNICIPAL CODE, DESIGNATING FIRE
HAZARD SEVERITY ZONES WITHIN THE CITY OF LAGUNA NIGUEL IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51179 AND
DETERMINING THE ACTION TO NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA
GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)
Direct that the proposed Ordinance, with any changes, be placed on the agenda for the June 3, 2025, City Council Meeting and adopt the Ordinance at the meeting; and,
Find the adoption of Ordinance No. 2025-235 is not subject to California Environmental Quality Act (CEQA) because the proposed actions will not result in a direct or reasonably foreseeable indirect physical change in the environment, do not authorize construction, and therefore is not a project as defined under CEQA.
BACKGROUND
Government Code Section 51178 requires the California Department of Forestry and Fire Protection (CAL FIRE) to make Fire Hazard Severity Zone (FHS) recommendations to local agencies for their adoption by ordinance. Cities must adopt these maps within 120 days of receiving CAL FIRE's FHSZ recommendations. On March 24, 2025, CAL FIRE released updated Local Responsibility Area (LRA) FHSZ maps for Southern California, including the City of Laguna Niguel (Exhibit 1 of Attachment A). These updated maps designate areas where state fire safety regulations apply.
A FHSZ is a geographic area designated by CAL FIRE as Moderate, High, or Very High based on wildfire hazard potential in wildlands and surrounding developed areas. These classifications are based on fire behavior projections over a 50-year period using the latest data on fire history, vegetation (fuel loads), topography, blowing embers, and weather conditions, combined with fire science modeling. In order to reduce the threat to public safety and structure loss during wildfires, depending on the FHSZ, designated properties are subject to state-mandated vegetation management (creating defensible space) and the use of fire-resistant construction features.
Historical Timeline - FHSZ Maps
In 1992, following the devastating 1991 Oakland Hills Fire, the State enacted Assembly Bill 337, which added Government Code Section 51175. This law required CAL FIRE to identify and recommend Very High FHSZs in LRAs to cities and counties. The primary objectives of Assembly Bill 337 include improving wildfire public awareness, requiring defensible space around structures, and requiring fire-resistant construction in Very High mapped designations.
In 1995, the City received a recommended FHSZ map identifying Very High designations from CAL FIRE. These mapped areas were generally located along Laguna Niguel's western boundary above Aliso and Woods Canyon Wilderness Park and within the Salt Creek Corridor and along the City's eastern boundaries, above the San Juan Capistrano Valley. In response, the City determined that it was exempt from adopting these designations because the City's existing construction codes and vegetation management requirements already met or exceeded the fire prevention standards required by Assembly Bill 337.
In 2011, the City received an updated FHSZ map with Very High designations from CAL FIRE. In comparison to the 1995 FHSZ map, this version revised and expanded the Very High areas on the western boundary and removed eastern portions previously designated. The map update was based on more detailed aerial photography, modeling advancements, and consultation with the Orange County Fire Authority (OCFA) and City staff. As a result of legislative changes, local jurisdictions were no longer permitted the option to exempt themselves from adopting CAL FIRE's designated Very High FHSZs.
The City subsequently adopted CAL FIRE's Very High FHSZ designations by ordinance, which added Title 11, Division 3, Article 7, to the Laguna Niguel Municipal Code, as required by Government Code Section 51179. The 2011 adopted map is included as Attachment B.
The requirements for properties within the Very High designation are generally summarized below:
• Defensible Space: Management of combustible vegetation, which may include removal or reduction, within a 100' of habitable structures (annually inspected by OCFA).
• New Buildings: Compliance with Chapter 7A of the California Building Code, including enhanced construction standards, such as ignition-resistant materials for roofs, vents, exterior walls, and windows.
• California Environmental Quality Act (CEQA) and Subdivision Map Act Review: Additional review considerations for new development projects, which may include assessing wildfire-related environmental risks and further evaluation of fire safety and evacuation routes in subdivision planning. • Property Disclosure: Real estate disclosure of FHSZ designation during escrow as part of the Natural Hazard Disclosure Statement.
ANALYSIS
On March 24, 2025, CAL FIRE released updated FHSZ maps for Southern California.
According to CAL FIRE, the updated maps more accurately identify areas susceptible to wildfire based on the latest climate data, fire science, and fire behavior modeling. Unlike the 2011 update, these maps were developed without consultation or input from local jurisdictions.
Under recent legislation (Senate Bill 63), CAL FIRE is now required to identify and map three FHSZ designations: Very High, High, and Moderate. These designations are reflected in their updated maps. The updated FHSZ map for Laguna Niguel is included as Exhibit 1 of Attachment A.
While local adoption was previously required only for Very High zones, cities and counties must now adopt all three mapped designations. State law allows local jurisdictions to increase fire hazard zone designations, but they are not allowed to decrease the hazard levels established by CAL FIRE. Any proposed map changes must be supported by substantial evidence in the record, demonstrating that the adjustment is necessary for effective fire protection within the specified area.
In accordance with Government Code Section 51179 (as expanded by Senate Bill 63), the City must adopt the updated FHSZ designations for Laguna Niguel by ordinance within 120 days of the map's release. Once adopted, properties in the Very High zone remain subject to the requirements listed above. Properties in the High zone will now be subject to Chapter 7A of the California Building Code for new construction and FHSZ disclosure requirements during real estate transactions. Currently, there are no state- mandates for properties in the Moderate zone.
Beginning on March 27, 2025, the City made the updated FHSZ maps available on the City's website.
Staff, in coordination with the OCFA, recommends the introduction of Ordinance No. 2025-235 and the scheduling of its adoption for the June 3, 2025, City Council Meeting.
Following adoption, staff will submit the ordinance to CAL FIRE as required by Government Code Section 511179(g).
CEQA COMPLIANCE
Staff has determined that the proposed ordinance does not meet the criteria as a "project" subject to environmental review under CEQA. Pursuant to CEQA Guidelines Section 15060(c)(2), the proposed ordinance would not result in a direct or reasonably foreseeable indirect physical change in the environment and is therefore not subject to the CEQA. Additionally, pursuant to Section 15060(c)(3), the ordinance is not considered a "project" as defined in Section 15378 because the ordinance has no potential for resulting in physical changes to the environment, directly or indirectly.
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Not adopt the ordinance. This alternative is not recommended because adoption of this ordinance is required by State law.
Make modifications to the proposed ordinance to increase FHSZ designations beyond those recommended by CAL FIRE, subject to a finding supported by substantial evidence in the record that the increase is necessary for effective fire protection within the area.
FISCAL REVIEW
There is no anticipated fiscal impact to the City from the adoption of this ordinance.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Ordinance 2025- 235 as to legal form and content.
CONCLUSION
Staff recommends that the City Council:
1. Waive the full reading, make any changes to, and introduce Ordinance No. 2025- 235 by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA, AMENDING ARTICLE 7 TO DIVISION 3, TITLE 11
OF THE LAGUNA NIGUEL MUNICIPAL CODE, DESIGNATING FIRE
HAZARD SEVERITY ZONES WITHIN THE CITY OF LAGUNA NIGUEL IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51179 AND
DETERMINING THE ACTION TO NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA
GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)
2. Direct that the proposed Ordinance, with any changes, be placed on the agenda for the June 3, 2025, City Council Meeting and adopt the Ordinance at the meeting; and,
3. Find the adoption of Ordinance No. 2025-235 is not subject to California Environmental Quality Act (CEQA) because the proposed actions will not result in a direct or reasonably foreseeable indirect physical change in the environment, do not authorize construction, and therefore is not a project as defined under CEQA.
Jamasas Storman
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
ratha Glen - on 2
Jonathan Orduna John Morgan
Community Development Director Deputy Community Development Director Attachments:
A. Draft Ordinance No. 2025-235 (2025 Fire Hazard Severity Zones) Exhibit 1: Laguna Niguel Fire Hazard Severity Map (2025 - Very High, High, Moderate)
B. Existing Adopted Laguna Niguel FHSZ Map (2011 - Very High) Attachment A
Draft Ordinance No. 2025-235 (2025 Fire Hazard Severity Zones) ORDINANCE NO. 2025-235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, AMENDING ARTICLE 7 TO DIVISION 3, TITLE 11
OF THE LAGUNA NIGUEL MUNICIPAL CODE, DESIGNATING
FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF LAGUNA NIGUEL IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51179 AND DETERMINING
THE ACTION NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)
WHEREAS, the Legislature has declared in Government Code section 51175, subdivision (a), that: fires are extremely costly, not only to property owners and residents, but also to local agencies; fires pose a serious threat to preservation of public peace, health and safety; it is necessary for cities, counties, special districts, state agencies and federal agencies to work together to bring raging fires under control; and preventative measures are needed to ensure preservation of the public peace, health and safety; and
WHEREAS, the Legislature has declared in Government Code section 51175, subdivision (b), that prevention of fires is not a municipal affair, but instead is a matter of statewide concern; and
WHEREAS, Government Code section 51175 et seq. authorizes the California Department of Forestry and Fire Protection (CAL FIRE") to recommend Fire Hazard Severity Zones in the City of Laguna Niguel ("City"); and WHEREAS, pursuant to Government Code section 51179, on March 24, 2025, the State Fire Marshal has published maps depicting areas designated as Moderate, High, and Very High Fire Hazard Severity Zones, has recommended that local agencies adopt these zones through local ordinance and Government Code section 51179, subdivision (a) requires the City to designate by ordinance Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction within 120 days after receiving recommendations from CAL FIRE; and
WHEREAS, pursuant to Government Code section 51178.5, beginning March 27, 2025, within 30 days of receiving the State Fire Marshal's transmittal identifying Fire Hazard Severity Zones, the City of Laguna Niguel made the information, including the CAL FIRE map specific to Laguna Niguel, available for public review and comment on the City's website; and
WHEREAS, on May 20, 2025, the City Council held a duly noticed public hearing and introduced the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Based on the whole record before it, pursuant to Section 15060(c)(2) of the California Environmental Quality Act ("CEQA") Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and therefore is not subject to the CEQA.
Additionally, the Ordinance does not authorize construction, and in fact imposes greater restrictions on certain development in order to protect the public health, safety and general welfare, and therefore pursuant to CEQA Guidelines Section 15060(c)(3) the activity is not a "project" as defined in CEQA Guidelines Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Designation of Fire Hazard Severity Zones. The City 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 Map is hereby adopted and provided in Exhibit 1, attached hereto and incorporated herein by reference. The official map is also located electronically on the following website:
www.cityoflagunaniguel.org.
SECTION 4. Amendment. Section 11-3-700 of existing Article 7, entitled "Very High Fire Hazard Severity Zone," Division 3, entitled "Fire Protection and Explosives," of Title 11 of the Laguna Niguel Municipal Code, entitled "Public Morals, Safety and Welfare," is amended in its entirety to read as follows:
ARTICLE 7. FIRE HAZARD SEVERITY ZONE
Sec. 11-3-800. Fire Hazard Severity Zone Map
The City of Laguna Niguel hereby designates the Fire Hazard Severity Zones, as recommended by the California Department of Forestry and Fire Protection, pursuant to Government Code Section 51178, and as identified in Figure 11.1 below.
SECTION 5. Submittal to State and Posting. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development and the State Board of Forestry and Fire Protection within 30 days after adoption and take any necessary actions to post all notices required under Government Code section 51179.
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
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SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.
SECTION 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Laguna Niguel, California, at a regular meeting of the City Council on the 3rd day of June, 2025.
Ray Gennawey, Mayor
ATTEST:
Marrisa J. Asistin, City Clerk
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EXHIBIT «q"
Figure 11.1: Updated Laguna Niguel FHSZ Map
(2025 - Very High, High, Moderate)
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CAL
CITY OF LAGUNA NIGUEL - ORANGE COUNTY FIRE
Local Responsibility Area As Identified by the
State Fire Marshal
Fire Hazard Severity Zones March 24, 2025
LAGUNA HILES
MISSION MEIO
ALISO VIEIO
SAN JUAN
CAPISTRAND
DANA POINT:
ORANGE
Co
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi O Area (LRA), as Identified by the State Fire Marshal
Km 0
Very High High Moderate Projection: NAD 83 California Teale Albers Scale 1:41,000 at 11° x 17'
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024 .. Incorporated City Waterbody /Laguria Niguel, Very High High Moderate Unzoned LRA
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identify areas in the state as moderate, high. expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel lading, slope, fire weather, as a major cause of wildfire spread.
Gavin Newsom, Governor, State of California Data Sources bha cse nsernt anana eenman onrardam
Protection make no tantes nishicas orwuantes reardinethe CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Sranantda drm Ntrs cate northe Denatinert challl Wade Crowfoot, Secretary tor Natural Resources CA Natural Resources Agency be hable under any circumstances for any direct, special incidental Joc Tyler Dirgctor/Fire Chief, CA Department of Forestry and Fire Protection CAL FIRE State Responsibilry Areas (SRA25 2) or consequential damages with respect to any claim by any user or Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection City and County boundalics as of 10/22/24 (CA Board of Equalization) third party on account of ar arismg trom, the use or dala or maps Attachment B
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