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HomeMy WebLinkAboutORD 07-25 ADOPTS LOCAL RESPONSIBILITY AREA MAPORDINANCE 07-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING THE RECOMMENDED MAP FOR LOCAL RESPONSIBILITY AREA AS PROVIDED BY THE OFFICE OF THE CALIFORNIA STATE FIRE MARSHAL AND AS REQUIRED BY ASSEMBLY BILL 211 WHEREAS, the City of Orange received the Local Responsibility Area map from the Office of the State Fire Marshal on March 24, 2025; and WHEREAS,the City was required by Senate Bill 63 to make the map publicly accessible for comment within 30 days of receipt; and WHEREAS, on March 31, 2025, the City posted the Local Responsibility Area map for the City of Orange on the City's website along with a designated email for comments; and WHEREAS, cities are required to adopt and designate the Fire Hazard Severity Zones by Assembly Bill 211 within 120 days of receipt; and WHEREAS,under California Government Code Section 51179(b)(3), cities and counties cannot decrease the level of hazard designated by the Office of State Fire Marshal. NOW,THEREFORE,the City Council of the City of Orange does ordain as follows: SECTION I: The Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection are hereby adopted and designated for the City of Orange pursuant to Government Code Section 51178. The map approved by the City Council is hereby incorporated by reference and entitled"City of Orange Fire Hazard Severity Zones." The official map is located on the City's website. SECTION II: Severability— Should any sentence, section clause, part or provision of this ordinance be declared invalid,the same shall not affect the validity of the ordinance as a whole or any other part thereof. SECTION III: Savings Clause—Neither the adoption of this ordinance nor the amendment hereby 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 to be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City related to the same subject matter, shall be constructed as restatements and continuations, and not as new enactments. SECTION IV: References to Prior Fire Hazard Severity Zone Maps are hereby superseded and expressly repealed. SECTION V: The City Council finds that the adoption of the Local Responsibility Area map as required by Assembly Bill 211 is not a project under the California Environmental Quality Act (CEQA), pursuant to Section 15378(b)(5) of the CEQA Guidelines, because it involves organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment. Alternatively, it is exempt from CEQA pursuant to the common sense exemption under Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. SECTION VI: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision 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, paragraph, 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 VII: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 27th day of May, 2025. P.1 el R. Slater, Mayor, City of Orange ATTEST: l_ls Pamela Coleman, City Clerk, City o range 2 APPROVED AS TO FORM: Waynf W. Winthers Interim City Attorney, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of May,2025, and thereafter at the regular meeting of said City Council duly held on the 27th day of May, 2025 was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Gyllenhammer, Slater NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bile, Cutierrez Pamela Coleman, City Clerk, City of Orange 3