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Home My WebLink AboutO 2025-006ORDINANCE NO. 2025-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 15.15 TO TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE DESIGNATING CITY OF ARROYO GRANDE LOCAL RESPONSIBILITY AREA REFINED FIRE HAZARD SEVERITY ZONES 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 Arroyo Grande (“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, within 30 days of receiving the State Fire Marshal’s transmittal identifying Fire Hazard Severity Zones, the City of Arroyo Grande made the information, including the CAL FIRE map specific to the City of Arroyo Grande, available for public review and comment online. WHEREAS, on May 27, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE 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. ORDINANCE NO. 2025-006 PAGE 2 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 map, entitled “City of Arroyo Grande LRA Refined FHSZ Maps” dated April 30, 2025, is hereby adopted, approved, and provided in Exhibit “A,” attached hereto and incorporated herein by reference. The official map is also located electronically on the following website: www.arroyogrande.org. SECTION 4. Amendment. Chapter 15.15, entitled “Arroyo Grande Fire Hazard Severity Zone Map,” of Title 15 of the Arroyo Grande Municipal Code, entitled “Buildings and Construction,” is added to read: Chapter 15.15. ARROYO GRANDE FIRE HAZARD SEVERITY ZONE MAP Sec. 15.15.010. Fire Hazard Severity Zones Map The City of Arroyo Grande hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178 as identified in the map entitled “City of Arroyo Grande LRA Refined FHSZ Maps,” adopted in Section 3 of City of Arroyo Grande Ord. No. ____. This map is available to the public on the City’s website, and available to the public and on file with the City Clerk’s Office. 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. ORDINANCE NO. 2025-006 PAGE 3 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 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 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 the 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. On motion of Council Member Loe, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Loe, Guthrie, Maraviglia, and Secrest NOES: None ABSENT: Mayor Ray Russom the foregoing Ordinance was adopted this 10th day of June, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ORDINANCE NO. 2025-006 PAGE 4 ORDINANCE NO. 2025-006 PAGE 5 EXHIBIT A City of Arroyo Grande LRA Refined FHSZ Maps ORDINANCE NO. 2025-006 PAGE 6 ORDINANCE NO. 2025-006 PAGE 7 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 2025-006 which was introduced at a regular meeting of the City Council on May 27, 2025; was passed and adopted at a regular meeting of the City Council on the 10th day of June 2025; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of June, 2025. JESSICA MATSON, CITY CLERK