ATTACHMENT
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF LAKE FOREST,
CALIFORNIA DESIGNATING FIRE HAZARD SEVERITY ZONES
WITHIN THE CITY OF LAKE FOREST AS REQUIRED BY
GOVERNMENT CODE § 51179, BASED ON MAPS PROVIDED BY
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION, REPEALING ORDINANCE NO. 239, AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the California Legislature has declared in Government Code Section 51178 that the State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones (FHSZ) based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high FHSZs shall be based on fuel loading, slope, fire weather, 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; and
WHEREAS, on March 24, 2025, the California Department of Forestry and Fire Protection (CAL FIRE) transmitted a new Local Responsibility Area Fire Hazard Severity Zone (LRA FHSZ) Map to the City; and
WHEREAS, the creation of the LRA FHSZ Maps relied upon current scientific methods which assessed vegetation, slope, fire history, weather patterns; and
WHEREAS, pursuant to Government Code Section 51178.5, within 30 days after receiving a transmittal from the State Fire Marshal that identifies FHSZs pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps; and
WHEREAS, the City made the 2025 LRA FHSZ Map available for public review and comment within 30 days of receipt from the State Fire Marshal. Public outreach included:
• Publishing the 2007 and 2025 maps and explanatory materials on the City’s website;
• Distributing information, including links to the City’s website via the City’s social media channels, the E-News Letter, and the Leaflet; •Publication of public hearing notice in the Saddleback Valley News, a minimum of 10 days before the hearing date at which the City Council considered this Ordinance; and
WHEREAS, the Orange County Fire Authority has reviewed the FHSZ Map and believes it accurately represents the Fire Hazard Zones within the City; and
WHEREAS, pursuant to Government Code Section 51179, a local agency shall designate, by ordinance, moderate, high, and very high FHSZs in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 3, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the FHSZ designations/map; and WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed Ordinance complies with the California Environmental Quality Act for the reasons set forth in this Ordinance; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2.COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. The City Council finds that Adoption of the 2025 Local Responsibility Area Fire Hazard Severity Zones Map and repeal of Ordinance 239 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 a project subject to CEQA. Here, the proposed activities constitute an organization or administrative activity that will not result in direct or indirect physical changes in the environment because it involves the designation of Moderate, High and Very High Fire Hazard Severity Zones in the Local Responsibility Areas as recommended by the Office of the State Fire Marshal and repeal of Ordinance 239. Accordingly, the proposed activities are not a project subject to CEQA.
Moreover, even if the proposed activities did qualify as a project subject to CEQA, they would be exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of the ordinance designating Moderate, High and Very High Fire Hazard Severity Zones in the Local Responsibility Areas and repeal of Ordinance 239 may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) SECTION 3. The City Council hereby deems the 2007 Fire Hazard Severity Zone Map adopted by Ordinance No. 239 obsolete, having been replaced by the 2025 LRA Fire Hazard Severity Zone Map, which is herewith adopted, and repeals Ordinance No. 239.
SECTION 4. The City Council of the City of Lake Forest hereby designates and approves the FHSZs as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178 and adopts the 2025 Local Responsibility Area Fire Hazard Severity Zones map, as recommended by the Department of Forestry and Fire Protection, as attached hereto as Exhibit A. The official map is also located electronically on the following website: https://fire-hazard-severity-zones-rollout-calfire- forestry.hub.arcgis.com/pages/access-map.
SECTION 5. Chapter 8.22 (Reserved) of the Lake Forest Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 8.22 (Fire Hazard Severity Zones)
Sec. 8.22.000. Fire Hazard Severity Zones.
The Local Responsibility Area Fire Hazard Severity Zone Map (CalFIRE March 24, 2025), is hereby adopted by the City of Lake Forest for the purpose of identifying areas designated Fire Hazard Severity Zones and for application of the provisions with Chapter 7A of the California Building Code, Materials and Construction Methods for Exterior Wildfire Exposure.”
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Lake Forest, located at 100 Civic Center Drive, Lake Forest, California. The City Clerk is the custodian of the record of proceedings.
SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption 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 Government Code Section 36933.
SECTION 9. This Ordinance shall be effective thirty days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest, California, at a regular meeting of the City Council held on __________, 2025 by the following vote, to wit:
_______________________
SCOTT VOIGTS
MAYOR
ATTEST:
______________________________________
THY MERRITT
ACTING CITY CLERK
APPROVED AS TO FORM:
______________________________________
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Ordinance No. 2025-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the _____ day of _______ 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________
THY MERRITT
ACTING CITY CLERK
EXHIBIT A
(on following page)