San Juan Capistrano Municipal Code Ch. 8 Designation of Very High Fire Hazard Severity Zones Within the City

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 by reference for all purposes.

(§ 1, Ord. 775; Ord. No. 991, § 2, 1-17-2012; Ord. 1128, 8/5/2025)

The areas identified in Exhibit “B” attached to the ordinance codified in this chapter which were identified in the State recommendations as Very High Fire Hazard Severity Zones have not been designated as being within Very High Fire Hazard Severity Zones within the City. The City finds that the requirements of Government Code Section 51182 are not necessary for effective fire protection within these areas based upon the evidence set forth in Exhibit “B-1” attached to the ordinance codified in this chapter.

The City further finds that, because of their location and/or through compliance with existing fuel modification requirements, these areas will no longer be in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material. This finding is based upon the evidence set forth in said Exhibit “B-1.”

For these reasons, the areas identified on Exhibit “B” shall not be designated as being within the Very High Fire Hazard Severity Zones and shall not be subject to the provisions of Government Code Section 51182.

(§ 1, Ord. 775)

The Fire Chief shall cause an official map of the Very High Fire Hazard Severity Zones (the “Very High Fire Hazard Severity Zone Map”) to be prepared.

(§ 1, Ord. 775)

A property which is designated as being within a Very High Fire Hazard Severity Zone may later be excluded from within the Very High Fire Hazard Severity Zone, upon a finding that inclusion of the property within a Very High Fire Hazard Severity Zone and the application of the requirements of Government Code Section 51182 to the property are no longer necessary for effective fire protection within the area to be excluded.

Upon a determination that the property shall be excluded from the Very High Fire Hazard Severity Zone, the property shall be relieved of further compliance with section 51182 of the Government Code.

(§ 1, Ord. 775)

The City finds that, under the following circumstances, an area previously designated as being within a Very High Fire Hazard Severity Zone shall:

1. No longer be included within a Very High Fire Hazard Severity Zone because the requirements of Government Code Section 51182 are no longer necessary for effective fire protection within the area to be excluded;

2. Be excluded from the requirements of Government Code Section 51182 because, as a result of its location and/or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for City, the area will no longer be in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material;

3. Be removed from the Very High Fire Hazard Severity Zone Map. The conditions for such an exclusion (the “exclusion conditions”) shall be as follows:

(1) A final subdivision or parcel map (a “map”) for the property to be excluded has been recorded in the official records of the County Recorder and that map:

a. Clearly identifies the property to be excluded, and

b. Was approved subject to conditions of approval which include those conditions described in Exhibit “C” attached to the ordinance codified in this chapter (the “Exhibit C Conditions”).

(Ord. No. 775, § 1)

A property within a Very High Fire Hazard Severity Zone may be excluded from the Very High Fire Hazard Severity Zone under other circumstances provided that:

1. The legal or equitable owner of the property petitions the City to have that property excluded from the Very High Fire Hazard Severity Zone and the requirements of Government Code Section 51182.

2. The City Council makes a finding, supported by substantial evidence in the record, that the requirements of Section 51182 of the Government Code are not necessary for effective fire protection within the area to be excluded.

3. The City Council makes a finding, supported by substantial evidence in the record, that, as a result of its location and/or through required compliance with the provisions of any applicable Fuel Modification Zone Guidelines in effect for City, the area will no longer be in, upon, or adjoining a mountainous area, forestcovered land, brush-covered land, grass-covered land, or land that is covered with flammable material.

4. The City may impose such conditions on the removal of properties from the Very High Fire Hazard Zones as may be required in order for the City to make these findings.

(Ord. No. 775, § 1)

When a property is excluded from a Very High Fire Hazard Severity Zone, the Fire Chief shall cause the Very High Fire Hazard Severity Zone Map to be amended to reflect such exclusion or addition.

(Ord. No. 775, § 1)