HomeMy WebLinkAboutPCM 2009-17 RESOLUTION NO PCM-09-17
RESOLUTION OF THE CIIY OF CHULA VISIA PLANNING COMMISSION
RECOMMENDING IHAT IHE CIIY COUNCIL ADOPI IHE RESOLUTION
AMENDING SECIION 7.4..4 AND SECTION 7,45.1 OF IHE CHULA VISTA
MULTIPLE SPECIES CONSERVAIION PROGRAM SUBAREA PLAN
REGARDING BRUSH MANAGEMENT ACIIVITIES AND ADOPT THE
ORDINANCE AMENDING SECIION 17..35050 OF IHE CITY OF CHULA
VISIA MUNICIPAL CODE (HABITAT LOSS AND INCIDENIAL IAKE) IO
INCLUDE A NEW EXEMPIION CATEGORY REGARDING BRUSH
MANAGEMENT ACTIVIIIES
WHEREAS, the Planning Commission recommended to the City Council the approval ofthe
City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and associated
implementing documents on Apri123, 2003; and
WHEREAS, the City Council approved the City of Chula Vista MSCP Subarea Plan and
associated implementing documents on May 13, 2003; and
WHEREAS, the City of Chula Vista MSCP Subarea Plan contains management guidelines
describing how brush management activities are undertaken throughout the City, and
WHEREAS, the existing brush management guidelines are intended to provide protection for
sensitive biological resources, while ensuring the protection ofpublic health and safety by reducing
the potential wildland fire risks, and j
WHEREAS, the amendments to Section 7,4..4 and Section 7,4.5,1 os_ tt-ie C ity of Chula Vista
MSCP Subarea Plan would provide additional clarification regarding the location and extent to
which brush management activities are undertaken within the City, and
WHEREAS, the MSCP Subarea Plan is implemented through Chula Vista Municipal Code
(CVMC) Chapter 17 (Habitat Loss and Incidental Iake Ordinance) which establishes mitigation
standards and regulates development projects, located outside of Covered Projects, which may have
an impact on Covered Species and sensitive habitat; and
WHEREAS, the amendment to CVMC Chapter 1'7.35,050 would incorporate, by reference,
and exempt those brush management activities described in Section '7.4.4, of the City's MSCP
Subarea Plan, as may be amended from time to time; and
WHEREAS, the amendments to the City's MSCP and CVMC Chapter 17..35 050 are
consistent with the preventative measures for reducing the risk of fire between urban areas and open
space Preserve areas as described in City's MSCP Subarea Plan; and i
WHEREAS, the amendments to the City's MSCP and CVMC Chapter 17..35..050 do not
authorize any activities that would result in the need to modify the City's existing take autharizations
or conservation obligations as detailed in the City's Implementing Agreement; and
WHEREAS, the amendments to the City's MSCP and CVMC Chapter 17.,35.050 would
serve to reduce the incidence ofnon-natural fires spreading from development areas to naturalized
open space areas thereby protecting Chula Vista Covered Species from further degradation; and
WHEREAS, the City has discussed the proposed amendments with the Wildlife Agencies
and the Wildlife Agencies have issued a letter of concurrence regarding the amendment; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project was covered in previously adopted Final EIR/EIS for Issuance of Iake Authorizations for
Threatened And Endangered Species due to urban growth within the Multiple Species Conservation
Program (MSCP) Planning Area dated January 1997 (Final EIR/EIS), an Addendum to the Final
EIR/EIS (August 2000), and the Supplemental Environmental Impact Report and Environmental
Assessment, EA 03-01 (January 200.3)., the Environmental Review Coordinator has determined that
only minor technical changes or additions to Final EIR/EIS are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared
a second addendum to the Final EIR/EIS; and
WHEREAS, the Deputy City Manager/Development Services Director set the time and place
for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m,
January 27, 2010 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, the Planning Commission having received certain evidence on January 27, 2010
as set forth in the record of its proceedings and incorporated herein by this reference recommends
that the City Council approve the proposed amendments.
NOW, THEREFORE, BE II RESOLVED THAI THE PLANNING COMMISSION
recommends that the City Council adopt the attached City Council Resolution amending Section
7 4 4 and Section 7..4.5 1 of the Chula Vista Multiple Species Conservation Program Subarea Plan
regarding brush management activities.
BE II FURIHER RESOLVED IHAI THE PLANNING COMMISSION recommends
that the City Council amend Chapter 17, Section 17,35.050 of the Chula Vista Municipal Code to I
include an exemption for brush management activities conducted in accordance with Section
7 4 4 of the Chula Vista Multiple Species Conservation Program Subarea Plan.,
BE II FURTHER RESOLVED IHAT a copy of this Planning Commission Resolution be
transmitted to the City Council,
PASSED AND APPROVED BY THE PLANNING COMMISSION OF IHE CIIY OF CHULA
VISIA, CALIFORNIA, this 2'7`" day of January 2010, by the following vote, to-wit:
AYES: Vinson, Bringas, Liuag, Spethman, Moctezuma, Tripp, Felber
NOES:
ABSENI
ABSTAIN:
AIIESI:
I
tS - -
Diana Vargas, Secr tary ~ Scott W Vinson, Chairperson
Presented by Approved as to form by
_
f`! -
Gary Ha ert, A~FP~PE ~ t C. Mies eld
Deputy City MaiRi~ger/ ~ity ~rre_~-- `~~y~A
Development Services Director
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