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HomeMy WebLinkAboutOrd 2025-3614ORDINANCE NO. 3614 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.38 OF THE CHULA VISTA MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.38, WILDLAND- URBAN INTERFACE CODE, OF THE CHULA VISTA MUNICIPAL CODE INCORPORATING THE 2025 CALIFORNIA WILDLAND- URBAN INTERFACE CODE AND LOCAL AMENDMENTS THERETO WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 7, as the California Wildland-Urban Interface Code, effective January 1, 2026; and WHEREAS, on January 1, 2026, all existing code adoptions and amendments of local agencies automatically revert to the new State code unless new local adoptions and local amendments are made; and WHEREAS, the California Building Standards Commission requires jurisdictions within the State to begin enforcing the 2025 Edition of the California Building Standards Code on January 1, 2026; and WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of the City of Chula Vista adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2025 California Wildland-Urban Interface Code, and together with the Chula Vista Fire Department local amendments, these shall be the Wildland-Urban Interface Code of the City of Chula Vista; and WHEREAS, local amendments adopted by the City Council of the City of Chula Vista shall govern where they differ from the baseline provisions of the 2025 California Wildland-Urban Interface Code; and WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the City of Chula Vista to make changes or modifications (local amendments) in the requirements contained in the provisions published in the California Building Standards Codes, as it determines are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of the City of Chula Vista, before making any modifications or changes (local amendments), shall make an express finding that such local amendments are reasonably necessary because of local climatic, geological, or topographical conditions; and Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 2 WHEREAS, California Assembly Bill 130, amending Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5, prohibits modifications or changes (local amendments) that impose more restrictive standards on residential occupancies except where such local amendments are related to home hardening; and WHEREAS, the City Council of the City of Chula Vista expressly finds that modifications or changes (local amendments) contained in this Ordinance are in accordance with California Assembly Bill 130, which amended Health and Safety Code Section 17958 [17958(b)(3)], in that said local amendments are specifically related to home hardening; and WHEREAS, the City Council of the City of Chula Vista further finds that modifications or changes (local amendments) contained in this Ordinance are substantially equivalent to local amendments that were adopted under Ordinance No. 3598 (2025) and were in effect as of September 30, 2025; and WHEREAS, the City Council of the City of Chula Vista further finds that the city is subject to unique local climatic, geological, and topographical conditions that individually and/or collectively create elevated fire and life-safety risks, including: a semi-arid climate characterized by very low rainfall with extended periods of drought, high summer and fall temperatures, and seasonal Santa Ana winds that intensify wild fire behavior; the proximity of major fault zones that increase the potential for seismic activity and related emergencies; and varied topography, including steep canyons, hillsides, and an extensive wildland-urban interface area, which complicate emergency access, evacuation, and fire suppression; 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 fat alities, 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 evidenced by the Harris Fire in October 2007, which burned 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; and WHEREAS, the City Council of the City of Chula Vista makes express findings that the changes or modifications (local amendments) to the 2025 California Wildland-Urban Interface Code are reasonably necessary for the protection of the public health, safety, and welfare due to local climatic, geological, and topographical conditions present in the City of Chula Vista; and Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 3 WHEREAS, the City Council of the City of Chula Vista further finds that Section III (Express Findings and Declarations) memorializes specific local climatic, geological, and topographical conditions, which are hereby declared to be part of this Ordinance; and WHEREAS, the City Council of the City of Chula Vista further finds that Table 1 (Expressly Marked and Identified Findings Related to Local Amendments), under Section III (Express Findings and Declarations) of this Ordinance, identifies the applicable Chula Vista Municipal Code and California Wildland-Urban Interface Code sections, together with the associated findings that justify modifications or changes (local amendments) due to local climatic, geological, and topographical conditions; and WHEREAS, the City Council of the City of Chula Vista further finds that Exhibit 2 (2025 California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.38) expressly marks all local amendments, as required by the California Building Standards Commission; and WHEREAS, Government Code Section 50022.1 through 50022.10 provides authority for the adoption by reference of codes, or portions of such codes; and NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Repeal Chapter 15.38 That existing Chapter 15.38 of the Chula Vista Municipal Code is repealed in its entirety and shall be of no further force and effect. Section II. New Chapter 15.38 That new chapter 15.38 of the Chula Vista Municipal Code is adopted to read as follows: Chapter 15.38 WILDLAND-URBAN INTERFACE CODE Sections: 15.38.005 Adoption 15.38.010 California Wildland-Urban Interface Code Chapter 1 - Administration - Adopted 15.38.015 California Wildland-Urban Interface Code Chapter 2 - Definitions - Adopted and Amended 15.38.020 California Wildland-Urban Interface Code Chapter 3 - Wildland-Urban Interface Areas - Adopted 15.38.025 California Wildland-Urban Interface Code Chapter 4 - Wildland-Urban Interface Area Requirements - Adopted 15.38.030 California Wildland-Urban Interface Code Chapter 5 - Special Building Construction Regulations - Adopted and Amended 15.38.035 California Wildland-Urban Interface Code Chapter 6 - Fire Protection Requirements - Adopted Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 4 15.38.040 California Wildland-Urban Interface Code Chapter 7 - Referenced Standards - Adopted 15.38.045 California Wildland-Urban Interface Code - Appendices - Adopted in part 15.38.005 Adoption. The City of Chula Vista hereby adopts by reference the 2025 Edition of the California Wildland- Urban Interface Code, including Appendix F and G, and the California Standards, with the local amendments contained in the following sections of Chapter 15.38. As adopted and amended herein, the 2025 California Wildland-Urban Interface Code (hereinafter “California Wildland- Urban Interface Code”) becomes the Wildland-Urban Interface Code of the City of Chula Vista. 15.38.010 California Wildland-Urban Interface Code Chapter 1—Administration— Adopted. California Wildland-Urban Interface Code, Chapter 1, Administration, is adopted. 15.38.015 California Wildland-Urban Interface Code Chapter 2—Definitions—Adopted and Amended. California Wildland-Urban Interface Code, Chapter 2, Definitions, is adopted with the following amendments. A. Chapter 2, Section 202, is amended to add the following definitions: HOME HARDENING. A method of utilizing construction features, building materials, and maintenance practices intended to increase a building and structure’s resistance to ignition from fire exposure, including direct flame contact, radiant heat, and embers. MODERATE FIRE HAZARD SEVERITY ZONE. Means the Moderate zone or area(s) identified on the adopted map titled “City of Chula Vista (San Diego County), Local Responsibility Area Fire Hazard Severity Zones,” dated March 24, 2025. The City of Chula Vista adopted and established the Moderate Fire Hazard Severity Zone to meet the requirements of Government Code sections 51175 through 51188 and for the limited purpose of applying Home Hardening required within Chapter 5 of the 2025 California Wildland-Urban interface Code, together with brush management requirements adopted by the City. For the purpose of this definition, the Moderate Fire Hazard Severity Zone is not a Wildland-Urban Interface Area(s) as defined by Section 202. See also Chula Vista Municipal Code 15.34. SPECIAL DESIGNATED VEGETATION MANAGEMENT AREA. Means the area(s) identified on the adopted map titled “City of Chula Vista Special Designated Vegetation Management Area,” dated March 26, 2025. The Special Designated Vegetation Management Area (SDVMA) is established by the City for the limited purpose of applying Home Hardening required within Chapter 5 of the 2025 California Wildland-Urban interface Code, together with brush management requirements adopted by the City. For the purpose of this definition, the SDVMA is not a Wildland-Urban Interface Area(s) as defined by Section 202. See also Chula Vista Municipal Code 15.34. Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 5 15.38.020 California Wildland-Urban Interface Code Chapter 3—Wildland-Urban Interface Areas—Adopted. California Wildland-Urban Interface Code, Chapter 3, Wildland-Urban Interface Areas, is adopted. 15.38.025 California Wildland-Urban Interface Code Chapter 4—Wildland-Urban Interface Area Requirements—Adopted. California Wildland-Urban Interface Code, Chapter 4, Wildland-Urban Interface Area Requirements, is adopted. 15.38.030 California Wildland-Urban Interface Code Chapter 5—Special Building Construction Regulations—Adopted and Amended. California Wildland-Urban Interface Code, Chapter 5, Special Building Construction Regulations, Section 501.1 Scope is adopted with the following amendments: A Chapter 5, Section 501.1, Scope is amended to read as follows: Section 501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. Buildings and structures in the City adopted and designated Moderate Fire Hazard Severity Zone and Special Designated Vegetation Management Area shall be constructed in accordance with Chapter 5 of the California Wildland-Urban Interface Code. 15.38.035 California Wildland-Urban Interface Code Chapter 6—Fire Protection Requirements—Adopted. California Wildland-Urban Interface Code, Chapter 6, Fire Protection Requirements, is adopted. 15.38.040 California Wildland-Urban Interface Code Chapter 7—Referenced Standards—Adopted. California Wildland-Urban Interface Code, Chapter 7, Referenced Standards, is adopted. 15.38.045 California Wildland-Urban Interface Code—Appendices—Adopted in part. The Appendices to the California Wildland-Urban Interface Code are adopted in part: A. Appendix F, Characteristics of Fire-Smart Vegetation, is adopted. B. Appendix G, Voluntary Home-Hardening Recommendations, is adopted. C. Appendices not listed herein are not adopted as part of this Ordinance. Section III. Express Findings and Declarations A. Local Climatic, Geologic, and Topographic Findings and Declarations Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 6 The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the modifications or changes (local amendments) listed in Chula Vista Municipal Code, 15.38, Wildland-Urban Interface Code, are reasonably necessary due to local climatic, geological, and topographical conditions and are hereby declared to be part of this Ordinance as if set forth fully herein. The specific local climatic, geological, and topographical findings and justification for each of the California Wildland-Urban Interface Code amendments are as follows: 1. 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 critical 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. These local conditions, combined with the geological and topographical characteristics within the city, create hazardous conditions for which departure from the California Building Standard Code is required. 2. 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. Being that the city is within a seismic area that includes earthquake faults, microzones, slide areas, and local liquefaction hazards, the modifications and changes cited herein are designed to limit property damage as a result of seismic activity. 3. Local topographical conditions. Chula Vista has several topographical features, including bordering a bay, a lake, Otay River Valley, and Sweetwater River, 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 to the California Building Standards Code 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. Therefore, the City Council of the City of Chula Vista expressly finds that Table 1 (Expressly Marked and Identified Findings Related to Local Amendments) below identifies the applicable City of Chula Vista Municipal Code and California Wildland-Urban Interface Code sections, together with the associated findings that justify modifications due to local climatic, geological, and topographical conditions. Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 7 Table 1: Expressly Marked and Identified Findings Related to Local Amendments CVMCa / CWUICb Section Number: Local Climatic / Geological / Topographical Conditions: (ref Section III A) CVMC 15.38.005 III A: 1, 2, 3 CVMC 15.38.010 / CWUIC Chapter 1 III A: 1, 2, 3 CVMC 15.38.015 / CWUIC Chapter 2, 202 III A: 1, 2, 3 CVMC 15.38.020 / CWUIC Chapter 3 III A: 1, 2, 3 CVMC 15.38.025 / CWUIC Chapter 4 III A: 1, 2, 3 CVMC 15.38.030 / CWUIC Chapter 5, 501.1 III A: 1, 2, 3 CVMC 15.38.035 / CWUIC Chapter 6 III A: 1, 2, 3 CVMC 15.38.040 / CWUIC Chapter 7 III A: 1, 2, 3 CVMC 15.38.045 / CWUIC Appendix F and G III A: 1, 2, 3 aCVMC = Chula Vista Municipal Code bCWUIC = California Wildland-Urban Interface Code The California Building Standards Commission requires that all local amendments be expressly marked to distinguish them from the original code language. Exhibit 2 (2025 California Wildland-Urban Interface Code – Expressly Marked Amendment Matrix – City of Chula Vista Municipal Code 15.38) provides the strike-through and underline text of the City’s proposed local amendments, thereby fulfilling this requirement. Exhibit 2 is incorporated by reference into this Ordinance and made a part hereof as though fully set forth herein. B. California AB130 and Health and Safety Code 17958 Findings and Declarations In addition to Section III A’s climatic, geological, and topographical findings, the City Council of the City of Chula Vista specifically and expressly finds and declares that modifications or changes (local amendments) listed in Chula Vista Municipal Code, 15.38, Wildland-Urban Interface Code, are authorized under Health and Safety Code Section 17958(b)(3). That section, as amended by California Assembly Bill 130, permits a city to adopt local amendments to residential standards where such amendments are related to home hardening. Table II (Local Amendments Authorized Under CA AB 130 and HSC 17958) below identifies amendments that are related to home hardening. Specifically, the City’s local amendments will require that residential and non-residential buildings constructed within the City adopted Moderate Fire Hazard Severity Zone and within the Special Designated Vegetation Management Area be built in accordance with the California Wildland-Urban Interface Code, Chapter 5, Special Building Construction Regulations. These amendments are therefore expressly authorized under CA AB 130 and Health and Safety Code 17958(b)(3). Table II. Local Amendments Authorized Under CA AB 130 and HSC 17958 CVMCa Section Number: CWUICb Section: AB 130 / HSC 17958 Basisc: CVMC 15.38.015 CWUIC 202 HSC 17958(b)(3) CVMC 15.36.030 CWUIC 501.1 HSC 17958(b)(3) aCVMC = Chula Vista Municipal Code bCWUIC = California Wildland-Urban Interface Code cHSC 17958(b)(3) = The changes or modifications relate to home hardening Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 8 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 day after its final passage but not before January 1, 2026. 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 Health and Safety Code 17958.7. Section VIII. Transmittal Upon adoption after this Ordinance’s second reading, a copy of the signed Ordinance, together with findings, modifications, or changes (local amendments) expressly marked and identified to which each finding refers, shall be transmitted to and filed with the California Building Standards Commission in accordance with California Health and Safety Code 17958.7. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E Ordinance No. 3614 Page No. 9 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2025, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None 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. 3614 had its first reading at a regular meeting held on the 4th day of November 2025, and its second reading and adoption at a regular meeting of said City Council held on the 18th day of November 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 Docusign Envelope ID: 670B7CF4-3210-474D-86A1-54B44A5D637E 12/11/2025