ORDINANCE NO. 1791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE UPDATES TO THE MAP CLASSIFICATION OF MODERATE, HIGH AND VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN CLEMENTE WHEREAS, state legislative response to fires led to mandated mapping across California, including under the California Government Code sections 51175-51189, encompassing all Local Responsibility Areas (LRA); and WHEREAS, the Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks; and WHEREAS, California Government Code section 51178 mandates the State Fire Marshal to classify lands within Local Responsibility Areas into Fire Hazard Severity Zones (FHSZ); and WHEREAS, California 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 statewide criteria and severity of fire hazard that is expected to prevail in those areas; and WHEREAS, moderate, high, and very high fire hazard severity zones 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, CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions. The CAL FIRE maps are not used for insurance rates or underwriting decisions. Instead, insurance companies use their own computerized wildfire risk models to determine which homes to write based on the risk of loss; and WHEREAS, under California Government Code section 51179(a), local agencies must designate by ordinance the moderate, high, and very high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal, pursuant to California Government Code section 51178; and WHEREAS, local governments like the City of San Clemente are not permitted to adopt a map to lower the FHSZ ratings designated by the Office of the State Fire Marshal (OSFM) and can only adopt a map as presented or modify it to raise the rating to a higher threat level; and WHEREAS, pursuant to California Government Code 51178.5, the City of San Clemente made the updated information available for public review and comment within 30 days.
THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.22 of the City of San Clemente Municipal Code is hereby amended to read as follows:
Chapter 8.22 – Very High Fire Hazard Severity Zones
8.22.010 - Designation of very high fire hazard severity zones.
The City of San Clemente designates those amended areas identified on the City’s Fire Hazard Severity Zones (FHSZ) map attached as Exhibit “A” to Ordinance No. 1791 adopted by the City Council of the City of San Clemente on the 17th day of June 2025, and made effective on July 24, 2025, as Moderate, High and Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of the California Government Code.
SECTION 2. City Council directs staff to include the following language on the City’s website above the map where it is published for public inspection.
The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Click [PROVIDE LINK TO APPROPRIATE PAGE OF CALIFORNIA DEPARTMENT OF INSURANCE WEBSITE RELATED TO FHSZ MAPS] to learn more.
Insurance companies use their own computerized wildfire catastrophe models to determine which homes to write based on the risk of loss.
CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions.
CA 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 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, 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.
SECTION 3. The previous Exhibit “A” Very High FHSZ map attached to Ordinance No. 1547 adopted by the City Council of the City of San Clemente on January 3, 2012 is hereby deleted and of no further force or effect.
SECTION 4. All ordinances and resolutions that are inconsistent with this Ordinance are repealed to the extent of such inconsistency.
SECTION 5. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the San Clemente Times, a weekly newspaper of general circulation, printed, published, and circulated in the City of San Clemente, and it shall take effect and be in force on July 24, 2025.
PASSED, APPROVED, AND ADOPTED this _______day of June, 2025.
ATTEST:
______________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1791 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
Exhibit AExhibit A
Exhibit A
Exhibit A
Ordinance No. 1791 Page 2