HomeMy WebLinkAboutOrd 2025-3598ORDINANCE NO. 3598
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING CHAPTER 15.34 OF THE CHULA VISTA
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.34
OF THE CHULA VISTA MUNICIPAL CODE TO
INCORPORATE FIRE HAZARD SEVERITY ZONES
DESIGNATED BY THE CALIFORNIA STATE FIRE
MARSHAL, TO ESTABLISH A LOCAL SPECIAL
DESIGNATED VEGETATION MANAGEMENT AREA
WITHIN THE CITY OF CHULA VISTA, AND TO IMPLEMENT
WILDFIRE RESILIENCE MEASURES ENHANCING
BUILDING CONSTRUCTION REQUIREMENTS IN
DESIGNATED FIRE HAZARD AREAS
WHEREAS, in 1992, the California legislature declared the prevention of fires a
statewide concern, and in doing so, adopted new regulations for identifying very high fire hazard
severity zones within each county, codified in California Government Code sections 51175
through 51188; and
WHEREAS, pursuant to these new regulations, the Director of Forestry and Fire Protection
(“Director”) was required to identify areas within California as very high fire hazard severity zones
and submit those zones to each local agency in California as a recommendation; and
WHEREAS, the City of Chula Vista is the Local Agency defined under California
Government Code section 51177(e) responsible for fire protection within a very high fire hazard
severity zone; and
WHEREAS, pursuant to California Government Code section 51179, each local agency
receiving a recommendation from the Director was required to designate, by ordinance, very high
fire hazard severity zones within its jurisdiction within 120 days of receiving such recommendation
from the Director; provided, however, that the local agency retained the authority to: exempt itself
from such requirement by adopting ordinances imposing standards that are at least equivalent to
the requirements of Government Code sections 51175 through 51188; exclude areas identified as
very high fire hazard severity zones by the Director so long as a finding was made that certain
measures required by Sections 51175 through 51188 were not necessary for effective fire
protection within the local agency’s jurisdiction; or, conversely, designate additional areas within
the local agency’s jurisdiction as very high fire hazard severity zones even if not previously
identified and recommended as a very high fire hazard severity zone by the Director; and
WHEREAS, any deviations by a local agency to the fire hazard severity zones
recommended by the Director were final and not rebuttable, so long as the local agency’s findings
were supported by substantial evidence in the record; and
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WHEREAS, in 2018, the California legislature amended Government Code section 51179
to remove the language that specifically authorized a local agency to either exempt itself from
designating the very high fire hazard safety zones recommended by the Director or to exclude areas
identified as very high fire hazard severity zones if not necessary for effective fire protection; and
WHEREAS, in 2021, the California legislature amended Government Code sections
51175 through 51188 to require the State Fire Marshal to begin identifying fire hazard severity
zones within California and submitting such recommendations to each local agency, and further
requiring the State Fire Marshal to identify and recommend to local agencies two additional levels
of fire hazard severity zones: medium fire hazard severity zones and high fire hazard severity
zones; and
WHEREAS, in 2021, the California legislature amended Government Code sections
51175 through 51188 to require the State Fire Marshal to begin identifying fire hazard severity
zones within California and submitting such recommendations to each local agency, and further
requiring the State Fire Marshal to identify and recommend to local agencies two additional levels
of fire hazard severity zones: medium fire hazard severity zones and high fire hazard severity
zones; and
WHEREAS, the State does not have procedures to automatically update the fire hazard
severity zones, and respective maps, when changes are made to designated local responsibility
areas and such areas will not have a proper fire hazard severity zone designation until the next
statewide fire hazard severity zone update, which can take five or more years to accomplish; and
WHEREAS, on Monday, March 24, 2025, the City of Chula Vista received the State Fire
Marshal’s designated fire hazard severity zones for properties within the City of Chula Vista’s
jurisdictional boundaries; and
WHEREAS, pursuant to Government Code sections 51178.5 and 51179, the City is
required to make the State Fire Marshal’s recommended fire hazard severity zones available for
public review and comment within 30 days of receiving such recommendations, and to then
designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction
within 120 days of receiving the recommendations; and
WHEREAS, the City of Chula Vista Fire Department made the State Fire Marshal’s
recommended fire hazard severity zones available for public review and comment starting on
March 27, 2025; and
WHEREAS, the City of Chula Vista Fire Department held four wildfire preparedness and
hazard awareness workshops throughout the community educating attendees on fire hazard
severity zones, respective zone requirements, and other proactive measure the Department
undertakes; and
WHEREAS, the City further recognizes the need to establish a locally defined special
designated vegetation management area to reduce wildfire risks based upon specific local
conditions; and
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WHEREAS, the city has certain climatic, geologic, and topographic features that can have a
deleterious effect on emergency services such as fire protection and emergency medical services; and
WHEREAS, the Cedar Fire of 2003, which originated in the Cleveland National Forrest,
became one of the largest and most destructive wildfires in California’s history, burning over
270,000 acres, destroying more than 2,800 buildings, and resulting in 15 fatalities, thereby
highlighting the region’s vulnerability to catastrophic wildfires; and
WHEREAS, the proximity of Chula Vista to wildfire-prone areas has led to significant
threats to the community, as evidence by the Harris Fire in October 2007, which burnt into the
northeastern portions of the city, necessitating evacuations; and
WHEREAS, the Border 2 Fire, which ignited on January 23, 2025, in the Otay Mountain
wilderness, rapidly burned approximately 6,625 acres, prompting evacuations and school closures
in nearby communities, highlighting the ongoing wildfire threat to the region; and
WHEREAS, from 2005 to 2023, the Chula Vista Fire Department responded to 713
vegetation fires within the city, impacting more 13,000 acres and highlighting the need for
enhanced requirements.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Repeal Chapter 15.34
That existing Chapter 15.34 of the Chula Vista Municipal Code is repealed in its entirety.
Section II. New Chapter 15.34
That new Chapter 15.34 of the Chula Vista Municipal Code is adopted to read as follows:
Chapter 15.34
FIRE HAZARD SEVERITY ZONES, VEGETATION MANAGEMENT AREA,
AND WILDFIRE RESILIENCE MEASURES
Sections:
15.34.005 Adoption: Fire Hazard Severity Zones
15.34.010 Special Designated Vegetation Management Area
15.34.015 Wildfire Resilience Measures
15.34.020 Determinations
15.34.005 Adoption: Fire Hazard Severity Zones.
The City Council of the City of Chula Vista hereby designates medium, high, and very high fire
hazard severity zones as identified by the California Office of the State Fire Marshal and as
designated on the map titled “City of Chula Vista (San Diego County), Local Responsibility Area
Fire Hazard Severity Zones,” dated March 24, 2025.
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15.34.010 Special Designated Vegetation Management Area.
The City Council of the City of Chula Vista hereby designates a local special designated vegetation
management area, as identified on the map titled “City of Chula Vista Special Designated
Vegetation Management Area,” dated March 26, 2025.
15.34.015 Wildfire Resilience Measures.
In addition to the construction requirements applicable to the Very High and High Fire Hazard
Severity Zones, as designated by the California Office of the State Fire Marshal, the City of Chula
Vista hereby requires that the same building materials and construction methods intended to reduce
the risk of ignition and fire spread shall also apply to all new construction located within the
Moderate Fire Hazard Severity Zone, as designated by the California Office of the State Fire
Marshal, and within the City of Chula Vista Special Designated Vegetation Management Area.
These specific construction requirements are set forth in the currently adopted California Building
Standards Code (Title 24), including, but not limited to, the California Building Code (Part 2 ),
Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure), and any future
applicable provisions contained in the California Wildland-Urban Interface Code (Part 7), as
adopted and amended by the State of California.
15.34.020 Determinations.
Highest Zone Prevails: In instances where a single parcel of land includes multiple fire hazard
severity zone designations, including moderate, high, very high, or a local special designated
vegetation management area, the entire parcel shall be considered as falling within the highest
designated zone or area present on any portion of the parcel.
Mapping Determination: The fire hazard severity zone maps and special designated vegetation
management area, as adopted or referenced by the City of Chula Vista, shall be used to determine
zone boundaries and classifications. Parcel-level determinations shall be made by overlaying the
adopted fire hazard severity zone map and special designated vegetation management area onto
parcel boundaries.
Application of Standards: All development standards, building code requirements, defensible
space regulations, or other obligations tied to the fire hazard severity zone or special designated
vegetation management area classification shall be applied to the entire parcel based upon the
highest severity zone present.
Section III. Findings and Declarations
The City Council of the City of Chula Vista specifically and expressly finds and declares as
follows:
A. Pursuant to Government Code section 51179, the City is required to designate, by ordinance,
moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of
receiving the recommendations from the State Fire Marshal; and
B. Pursuant to Article XI, section 7 of the California Constitution, the City has the authority to
enact local ordinances and regulations to protect the public health, safety, and welfare of their
residents through its police power; and
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C. Pursuant to Government Code section 50022.2, the City has the authority to enact any
ordinance, which adopts any code by reference, in whole or in part; and
D. Pursuant to Health and Safety Code section 17958.5, the City has the authority to make local
amendments that are reasonably necessary because of local conditions; and
E. Pursuant to Article II, Powers and Structure of the Charter of the City of Chula Vista, the
City of Chula Vista has the full power and authority to make and enforce all laws and regulations
with respect to municipal affairs; has the power to exercise, or act pursuant to, any and all rights,
powers, privileges or procedures, heretofore or hereafter established, granted or prescribed by any
law of the State, by this Charter, or by other lawful authority, or which a municipal corporation
might or could exercise, or act pursuant to, under the Constitution of the State or federal law; and
F. Current California Building Code (Part 2), Chapter 7A and future applicable provisions
contained in the California Wildland-Urban Interface Code (Part 7), as adopted and amended by
the State of California establishes minimum standards for building construction in wildfire-prone
areas to improve fire resistance and structure survivability; and
G. Wildfires present a significant risk to life, property, critical infrastructure, environmental
resources, and the public health and safety of the community; and
H. In addition to the areas identified and designated by the California Office of the State Fire
Marshal, the City has determined that specific additional areas exhibit unique and heightened
wildfire risks due to steep slopes, dense vegetation, and proximity to developed areas; and
I. Local climatic conditions. Climate is one of the most significant factors influencing fire
behavior and the severity of other emergency events due to its uncontrollable nature. During the
summer and fall, Chula Vista experiences seasonal climatic conditions that pose heightened fire
risks, including prolonged hot, dry weather and Santa Ana winds that frequently contribute to fast-
moving vegetation fires. Extended periods of local and statewide drought continue to reduce
vegetation fuel moisture, creating an environment where fires ignite easily and spread rapidly
under wind-driven conditions. To address these local hazards, the establishment of a special
designated vegetation management area and the application of enhanced construction materials
and methods are necessary to reduce fire risk and protect life and property.
J. Local geological conditions. Chula Vista lies within a seismically active region, intersected
by the La Nacion and Chula Vista fault zones and is in close proximity to the Rose Canyon fault.
Earthquakes in this region can cause significant disruptions, including damaged infrastructure,
ruptured gas lines, electrical fires, and overloaded emergency services. These hazards intensify the
potential for multiple, simultaneous fire incidents and compromise the effectiveness of private and
public fire protection systems. To enhance the city’s resilience and limit structural damage and fire
ignition during seismic events, enhanced building construction is being implemented within areas
of elevated risk, including the moderate fire hazard severity zone and special designated vegetation
management area.
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K. Local topographical conditions. Chula Vista has several topographical features, including
bordering by a bay, a lake, Otay River Valley and Sweetwater river, and parkways, narrow streets,
open space, varying elevations, bridges, overpasses, freeways, and railroad tracks including light
rail. These conditions can impede the rapid deployment and effectiveness of emergency resources;
further, these conditions and increasing populations can slow evacuation. Additionally, the varying
elevations across the city increase wind effect and can have significant negative impacts during
vegetation and other fires. The modifications and additions are reasonably necessary to mitigate
to the extent possible the respective deleterious effects and for community health and safety.
California Health and Safety Code section 17958.7 requires that the modifications or
changes be expressly marked and identified as to which each finding refers. The following table
provides the City of Chula Vista Municipal Code Sections and the associated conditions for
modification due to local climatic, geological, and /or topographical reasons.
Findings Related to Local Amendments
Section Number Local Climatic / Geological / Topographical Conditions
15.34.005 Section III: A (administrative)
15.34.010 Section III: B, C, D, E, F, G, H, I, J, K
15.34.015 Section III: B, C, D, E, F, G, H, I, J, K
15.34.020 Section III: B, C, D, E, F, G, H, I, J, K
Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City
of Chula Vista hereby declares that it would have adopted each section, sentence, clause or
phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences,
clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law, and specifically in accordance with California
Government Code section 51179(g).
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Section VIII. Transmittal
A copy of the local responsibility area fire hazard severity zone map and this Ordinance
shall be transmitted to the California Board of Forestry and Fire Protection within 30 days of
adoption.
Presented by Approved as to form by
Harry Muns Marco A. Verdugo
Fire Chief City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of August 2025, by the following vote:
AYES: Councilmembers: Fernandez, Inzunza, and Preciado
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Chavez and McCann
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3598 had its first reading at a regular meeting held on the 22nd day of July 2025,
and its second reading and adoption at a regular meeting of said City Council held on the 5th day
of August 2025 and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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9/2/2025