HomeMy WebLinkAbout2010/02/09 Item 7
CITY COUNCIL
AGENDA STATEMENT
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Item No.: 7
Meeting Date: 2/9/10
ITEM TITLE:
PUBLIC HEARING: CONSIDERATION OF AMENDMENTS TO
THE CITY'S MULTIPLE SPECIES CONSERVATION PROGRAJvl
SUBAREA PLAN AND SECTION 17.35.050 OF THE CHULA
VISTA MUNICIPAL CODE TO CLARIFY THE LOCATION AND
EXTENT TO WHICH BRUSH MANAGEMENT ACTIVITIES ARE
PERFORMED THROUGHOUT THE CITY.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA 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
SUBMITTED BY:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 17.35.050 OF THE CITY OF CHULA VISTA
MUNICIPAL CODE (HABITAT LOSS Ai'ID INCIDENTAL TAKE)
TO INCLUDE A NEW EXEMPTION CATEGORY REGARDING
BRUSH MANAGEMENT ACTIVITIES
DEPUTY CITY MANAGEr&i'RECTOR OF DEVELOPMENT
SERVICES
CITY MANAGER 4 ...rc. r:r 5
REVIEWED BY:
4/5THS VOTE: YES
NO X
SUMMARY
The City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan contains
guidelines to implement brush management activities throughout the City where urban
development interfaces with open space. However, the current City's MSCP Subarea Plan is not
clear in all sections of the plan as to the locations and extent to which these guidelines are to be
implemented. The proposed amendments include minor text changes to the City's MSCP
Subarea Plan to clarify the location and extent to which brush management activities are
performed, and amend Chapter 17.35.050 of the City's Municipal Code (Habitat Loss and
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Incidental Take Ordinance) to include a new exemption category authorizing brush management
activities to be conducted without having to obtain a Habitat Loss and Incidental Take (HUT)
Permit. City MSCP staff have met with representatives of the U.S. Fish and Wildlife Service and
the California Department of Fish and Game (Wildlife Agencies) to discuss the proposed
changes, and they have provided written concurrence that the proposed amendments are
appropriate.
ENVIRONi.VlENT AL REVIEW
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 EIRlEIS for Issuance of Take Authorizations for Threatened
And Endangered Species due to urban growth within the Multiple Species Conservation Program
(MSCP) Planning Area, LDR No. 93-0287, SCH No. 93121073, dated January 1997, an
Addendum to the Final EIRlEIS (August 2000), and the Supplemental Environmental Impact
Report and Environmental Assessment, EA 03-01, SCH No.20022051045 dated January 2003.
The Environmental Review Coordinator has determined that only minor technical changes or
additions to the Final EIRlEIS and Final Supplemental ElRlEIS 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 an addendum to the Final/Supplemental EIRlEIS (Attachment 1).
RECOMMENDATION
That Council:
1. Adopt the 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.
2. Adopt the Ordinance amending Section 17.35.050 of the City of Chula Vista Municipal
Code (Habitat Loss and Incidental Take) to include a new exemption category regarding
brush management activities.
BOARDS/COMMISSION RECOMiVlENDA TION
Resource Conservation Commission (RCC)
At their meeting on January 11, 2010, the RCC considered the proposed amendments to the
City's MSCP Subarea Plan and HUT Ordinance and voted unanimously to recommend that the
Planning Commission approve the proposed amendrrients.
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Planning Commission
At their meeting on January 27, 2010, the Planning Commission considered the proposed
amendments to the City's MSCP Subarea Plan and HUT Ordinance and voted unanimously to
recommend that the City Council approve the proposed amendments.
BACKGROUND
The City's current MSCP brush management zones and guidelines represent a further refinement
of a 1997 Memorandum of Understanding between the Wildlife Agencies, California
Department of Forestry, the San Diego County Fire Chiefs Association, and the Fire District's
Association of San Diego County (1997 MOU). This MOU established a regional set of brush
management guidelines that allow local jurisdictions to continue to protect lives and property
without adversely impacting sensitive biological species and their habitats. Authorization for the
take of listed biological species as a result of brush management activities is expressly provided
through the 1997 MOU, which was incorporated into the City's adopted MSCP Subarea Plan as
Appendix L.
The City's adopted MSCP Subarea Plan is distinguished from other local MSCP Subarea Plans
in that it contains brush management guidelines to ensure public health and safety citywide
without compromising the integrity of sensitive biological resources within areas of native or
naturalized vegetation. This is accomplished by establishing a manageable firebreak (or
defensible space) between all structures and contiguous open space areas including the City's
MSCP Preserve. The City's MSCP Subarea Plan recognizes three general brush management
"Zones" each requiring different levels of brush management/fuel reduction activity depending
on their distance from the structure and proximity to open space areas. These brush management
Zones are summarized as follows:
Zone 1
Implemented in an area at least 30 feet from existing structures
Vegetation (fuel load) is reduced to 18 inches in height
Zone 2
Implemented in an area extending 50 feet beyond Zone I
Vegetation is reduced to a height ranging between two and four feet
Requires hand clearing of dead underbrush
Zone 3 -
. Implemented in an area extending 50 feet beyond Zone 2
Requires hand clearing of dead underbrush and thinning of canopies
Performed outside the bird breeding season (April I through June 31)
Through implementation of the City's MSCP Subarea Plan's brush management guidelines, staff
has identified sections where the plan is not clear as to the locations and extent to which these
guidelines can be implemented. The discussion provided below identifies sections within the
plan where clarification is needed and provides a brief description of the proposed changes.
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DISCUSSION
Consistent discussions with the Wildlife Agencies, staff is proposing to update sections of the
City's MSCP Subarea Plan and HUT Ordinance. Amendments to the City's MSCP Subarea
Plan and HUT Ordinance are necessary to provide consistency throughout the plan and allow
staff to more efticiently process requests for brush management. The proposed changes to
Sections 7.4.4 and 7.4.5.1 of the MSCP Subarea Plan and to CVMC 17.35.050 have been
provided in strikeout/underline detail in the attached Council Resolution and Ordinance. A copy
of the Agencies concurrence letter has also been provided in Attachment 3 to this report. A brief
description highlighting changes associated with each amendment is provided below:
Amendment to the Chula Vista MSCP Subarea Plan. Section 7.4.4 (Brush Management)
The City's MSCP brush management guidelines were developed with the intent to reduce fire
hazards, ensure public health and safety, and reduce the risk of repetitive fire by providing a
manageable firebreak (or defensible space) between all structures and open space areas
throughout the City. Currently, Section 7.4.4 of the City's MSCP Subarea Plan provides general
brush management guidelines for the planned communities of Bonita Long Canyon, Rancho Del
Rey, Terra Nova, and EastLake (Attachment 2). This makes it unclear as to whether or not the
guidelines also apply to other urban areas not specifically identified in the plan. In addition, the
current guidelines are not clear if brush management activities performed outside the
communities listed in Section 7.4.4 are subject to permitting requirements pursuant to the City's
HUT Ordinance.
Recognizing the City's MSCP brush management guidelines are intended to implement brush
management throughout the City, staff has consistently interpreted that the general brush
management provisions contained in Section 7.4.4 are also intended for the remaining areas in
the City not explicitly listed. In general, these include all areas west of Interstate 805. Staff has
disc.ussed this interpretation with the Wildlife Agencies and they concur that the existing
guidelines could be applied to those areas not previously identified and that brush management
activities performed consistent with the City's MSCP Subarea Plan could be exempted from the
City's HUT Ordinance.
The proposed amendment to Section 7.4.4 (Exhibit A to attached Council Resolution) clarifies
the citywide intent by removing references to the planned communities of Bonita Long Canyon,
Rancho Del Rey, Terra Nova, and EastLake. The result of the proposed amendment would allow
implementation of the existing brush management guidelines to occur citywide as intended.
Amendment to the Chula Vista MSCP Subarea Plan. Section 7.4.5.1 (Brush Management in the
Central Citv PMA)
The City's MSCP Subarea Plan Preserve is sub-divided into three core management areas
referred to as Preserve Management Areas (PMAs). These PMAs include the Central City PMA,
the North City PMA, and the Otay Ranch PMA. The City's MSCP Subarea Plan serves as a
framework management plan for each of the PMAs, providing general guidelines and standards
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for the management of the preserve. Included in these general guidelines are guidelines
pertaining to implementation of brush management activities within each of the thrcc PMAs.
Within theses guidelines, it is acknowledged that limited brush management activities may occur
in the preserve, specifically within communities surrounding in the Central City PMA and North
City PMA. While this is clearly stated in Section 7.4.4 of the City's MSCP Subarea Plan, this
distinction is not consistent in Section 7.4.5.1 of the plan.
The proposed amendment to Section 7.4.5.1 (Exhibit A to attached Council Resolution) of the
City's MSCP Subarea plan specifically addresses brush management activities within the Central
City Preserve. This amendment includes minor text changes to clarify that brush management
activities are allowed within preserve areas associated with the Central City PMA, pursuant to
the guidelines established for Zone 3 brush management. The amendment to Section 7.4.5.1
provides clarity to City staff processing requests for brush management and to the general public
regarding the extent to which brush management may occur within the preserve.
City staff has discussed this clarification with the Wildlife Agencies and the Agency staff agree
with the City's proposed amendment to Section 7.4.5.1, which includes a provision that brush
management activities associated Zone 3 be performed under the direction of a qualified
biologist. Consistent with the Wildlife Agencies recommendation, Staff has amended Section
7.4.5.1 to require a qualified biologist to be on-site to monitor and direct brush management
activities.
Amendment to Section 17.35.050 of the Chula Vista Municipal Code (HUT Exemptions)
The City's Habitat Loss and Incidental Take (HUT) Ordinance (CVMC 17.35.050) establishes
mitigation standards for impacts to biological resources and implements the Chula Vista MSCP
Subarea Plan. The City's HUT Ordinance currently exempts a range of activities including small
projects (i.e., lcss than one acre), major projects already covered in the city's MSCP Subarea
Plan, and projects that have an effective incidental take permit from the Wildlife Agencies.
Currently, the HUT ordinance does not provide an exemption for brush management activities
conducted in accordance with the adopted MSCP brush management guidelines.
The proposed amendment to the HUT Ordinance (see attached Council Ordinance) includes a
new exemption category for brush management activities performed in accordance with the
guidelines established through the City's MSCP Subarea Plan. The exemption would expedite
requests for brush abatement by authorizing property owners to conduct brush management
without having to obtain a HUT permit. Where the City Fire Marshall determines that the
general brush management guidelines will not achieve a sufficient level of fire protection
intended by the application of the three MSCP brush management zones, additional fuel
reduction may occur pursuant to the 1997 MOU. Exemptions for brush management activities
performed in conjunction with the 1997 MOU shall be reviewed on a case-by-case basis, subject
to the implementation guidelines provided therein.
The proposed amendment to the HUT Ordinance is consistent with the preventative measures
for reducing the risk of fire between urban areas and open space preserve areas as described in
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City's adopted MSCP Subarea Plan. Bmsh management activities reduce the incidence of non-
natural fires spreading from development areas to naturalized open space areas; thereby
protecting sensitive biological resources from further degradation. The proposed amendment is
also consistent with the City's approved management directives targeted at reducing the risk of
catastrophic tires that could change and/or alter the structure and diversity of habitat for Covered
Species. City staff' has discussed the proposed exemption with the Wildlife Agencies and Agency
staff agree that the exemption is appropriate.
SUMMARY
Consistent with discussions with the Wildlife Agencies, staff is proposing to update sections of
the City's MSCP Subarea Plan and HUT Ordinance to provide consistency throughout the
City's MSCP Subarea Plan and allow staff to more efficiently process requests for brush
management. The Wildlife Agencies have reviewed the proposed changes and have provided
written concurrence that the proposed amendments are appropriate.
DECISION-MAKER CONFLICTS:
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot mle found in California Code of Regulations Section
l8704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
Adoption of the proposed MSCP amendments will not result in an impact to the current fiscal
year budget. Implementation of the guidelines will require staff time to review requests for brush
management; however, the Development Services Department is adequately staffed to implement
the City's MSCP Subarea Plan; therefore, there is no impact to the General Fund.
ONGOING FISCAL IMPACT
As noted above, the Development Services Department is adequately staffed to implement the
City's MSCP Subarea Plan. There may be periodic staff costs associated with future updates to
the Chula Vista MSCP Subarea Plan.
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ATTACHMENTS
l. Addendum to the Final EIR/EIS for Issuance of Take Authorizations for Threatened and
Endangered Species due to Urban Growth within the Multiple Species Conservation
Program Planning Area, LDR No. 93-0287, SCH No. 93121073, dated January 1997, and
the Final Supplemental Environmental Impact Report And Environmental Assessment
Prepared for the Chula Vista Multiple Species Conservation Program Subarea Plan, EA
03-0 I, SCH No. 20022051045, dated January 2003
2. MSCP Subarea Plan Preserve Management Areas Map
3. Wildlife Agency Concurrence Letter, dated 12/5/08
Resolution of the City of Chula Vista City Council Amending Section 7.4.4 and Section 7.4.5.1
of the City's MSCP Subarea Plan
Ordinance of the City ofChula Vista Amending Chapter 17, Section 17.35.050 of the Vista
Municipal Code to include an Exemption for Brush Management Activities
Prepared by: Glen Laube. Associate Planner, Development Services Department
J' \PlollninglGLollbelMSCPIBrllsh MglIMSCP-HLiT_ AmelldmentslCity Cuullci/ICC-AgSt-BrllshMgt_I_12_1 O. doc
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ATTACHMENT 1
ADDENDUM TO THE FINAL EIRlEIS FOR ISSUANCE OF TAKE
AUTHORIZATIONS FOR THREATENED AND ENDANGERED SPECIES DUE TO
URBAN GROWTH WITHIN THE MULTIPLE SPECIES CONSERVATION
PROGRAM PLANNING AREA, LDR NO. 93-0287, SCH NO. 93121073, DATED
JANUARY 1997, AND THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT AND ENVIRONMENTAL ASSESSMENT PREPARED FOR THE CHULA
VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN, EA 03-
01, SCH NO. 20022051045, DATED JANUARY 2003
PROJECT LOCATION:
PROJECT APPLICANT:
CASE NO:
DATE:
Amendments to City of Chula Vista MSCP Subarea Plan
and HLIT Ordinance Regarding Brush Management
City of Chula Vista MSCP Subarea Plan Boundary
City of Chula Vista
PCM-09-17; PCA-09-02
January 2010
PROJECT NAME:
1. INTRODUCTION
This Addendum has been prepared to provide additional environmental information and analysis
to the Final Environmental Impact Report!Environmental Impact Statement (Final EIR/EIS) for
Issuance of Take Authorizations for Threatened and Endangered Species Due To Urban Growth
within the Multiple Species Conservation Program (MSCP) Planning Area Dated January 1997
and the Final Supplemental Environmental Impact Report and Environmental Assessment, EA
03-01, January 2003 (Final Supplemental EIR/EIS). These documents are collectively referred to
in this addendum as the Final/Supplemental EIR/EIS.
The environmental impacts associated with the establishment of the City's MSCP Subarea Plan
Preserve have been previously evaluated under the Final EIRlElS prepared for the MSCP
Subregional Plan, LDR No. 93-0287, SCH No. 93121073 (January 1997), an Addendum to the
Final EIR/EIS (August 2000), and most recently, the Supplemental Environmental Impact
Report and Environmental Assessment, EA 03-01, SCH No.20022051045 (January 2003). This
document contains only the information necessary to make the previous analyses adequately
apply to the project in the changed condition (CEQA Guidelines Section 15163 (a)).
Accordingly, all previously related environmental documents (and the supporting environmental
analysis contained therein) are incorporated into this Addendum by reference.
The City is proposing to amend the City's MSCP Subarea Plan and Habitat Loss and Incidental
Take (HLIT) Ordinance to provide clarification regarding the location and extent to which brush
management activities are undertaken within the City. The City's proposal to amend the Chula
Vista MSCP Subarea Plan is consistent with Section 23.1 (Standard Amendments and
I
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ATTACHMENTl
Modifications) of the Implementing Agreement, which describes the amendment process as
follows:
"23.1 Standard Amendments and 1\lodifications. Standard amendments to the Section
10(a)(1)(B) Permit and NCCP Authorization and this Agreement and modifications to the
Subarea Plan may be proposed by any Party to this Agreement. The Party proposing the
amendment or modification shall provide to each other Party a written statement of the reasons
for the amendment or modification and an analysis of the effect of the amendment or
modification on the environment, including the effects on Covered Species and the
implementation of the Subarea Plan Any amendment shall comply with all applicable laws,
including but not limited to the ESA and implementing regulations, NEP A, the NCCP Act und
any implementing regulations, and CEQA. All modifications to the Subarea Plan and all
amendments to this Agreement, except those described in Sections 5.1.3.1,5.3.1, and 5.4 of the
Chulu Vista Subarea Plan, shall be processed as standard amendments and modifications
pursuant to this Paragraph. "
II. CEQA REQUIREMENTS
Sections 15162 through 15164 of the State California Environmental Quality Act (CEQA)
. Guidelines discuss a lead agency's responsibilities in handling new information that was not
included in a project's final environmental impact report. Section 15162 of the State CEQA
Guidelines provides:
(a) When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the
involvement of new signiticant environmental effects or a substantial
increase in the severity of previously identitied significant effects;
(2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the
previous ErR or negative declaration due to the involvement of new
signiticant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
(3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certitied as complete or the negative
declaration was adopted, shows any of the following:
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ATTACHMENT 1
a. The project will have one or more significant effects not discussed
in the previous EIR or Negative Declaration;
b. Significant effects previously examined will be substantially more
severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially reduce
one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative;
or
d. Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
As the discussion below demonstrates, the proposed amendments to the City's MSCP Subarea
Plan and HUT Ordinance would rcsult in no new environmental impacts, or no more severe
impacts, than were previously disclosed in the Final/Supplemental EIR/EIS. Therefore, it is
appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, S 15164.
Section 15164 states that an addendum should include a "brief explanation of the decision not to
prepare a subsequent EIR pursuant to Section 15162". and that the explanation needs to be
supported by substantial evidence. (CEQA Guidelines, S 15164, subd. (e)). The addendum need
not be circulated for public review but may simply be attached to the Final/Supplemental
EIR/EIS documents. (CEQA Guidelines, S 15164, subd. c.).
The proposed amendments to Sections 7.4.4 and 7.4.5.1 of the City's MSCP Subarea Plan serve
to clarify the location and extent to which the existing MSCP brush management guidelines are
to be implemented. For that reason, the proposed project does not constitute a substantial change
to the previously approved project, nor would substantial changes occur with respect to the
circumstances under which the project would be undertaken. In addition, no new information of
substantial importance has been identified that shows that the proposed project will result in
significant effects not discussed in the previous Final/Supplemental EIR/EIS or significant
effects that would be more severe than those identified in the previous Final/Supplemental
EIR/EIS documents.
For the reasons stated above, in accordance with Section 15164 of the State CEQA Guidelines,
the City has prepared an Addendum to Final/Supplemental EIR/EIS to address the proposed
amendments.
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ATTACHMENT 1
III. PROJECT SETTING
The City's adopted MSCP Subarea Plan contains guidelines to implement general brush
management activities throughout the City where urban development interfaces with open space.
These guidelines were developed with the intent to reduce fire hazards, ensure public health and
safety, and reduce the risk of repetitive fire by providing an effective firebreak (or defensible
space) between all structures and contiguous areas of native or naturalized vegetation. The City's
MSCP Subarea Plan recognizes three brush management "Zones" each requiring different levels
of brush management/fllel reduction activity depending on their distance from the structure and
proximity to open space areas. Guidelines describing the extent to which brush management
activities may occur within each zone are also provided in the City's MSCP Subarea Plan.
The brush management zones and guidelines contained in the City's MSCP Subarea Plan
represent a further refinement of the of the adopted 1997 Memorandum of Understanding
between the Wildlife Agencies, California Department of Forestry, the San Diego County Fire
Chiefs Association, and the Fire District's Association of San Diego County (MOU). The
purpose of the MOU was to establish a regional set of brush management guidelines that allow
local jurisdictions to continue to protect lives and property without adversely impacting sensitive
biological species and their habitats. Authorization for the take of covered species as a result of
brush management activities is expressly provided through the MOU, which was incorporated
into the City's adopted MSCP Subarea Plan as Appendix L.
Through implementation of the City's MSCP Subarea Plan's brush management guidelines, staff
has identified sections where the plan is not clear as to the locations and extent to which these
guidelines can be implemented. The discussion provided below identifies sections within the
plan where clarification is needed and provid<,:s a brief description of the proposed changes.
IV. PROJECT DESCRIPTION
The City is proposing to update Sections 7.4.4 and 7.4.5.1 of the MSCP Subarea Plan and
CVMC 17.35.050 to clarify the location and extent to which brush management activities are
performed and more efficiently manage and implement requests for fuel reduction. The proposed
changes to Sections 7.4.4 and 7.4.5.1 of the j'dSCP Subarea Plan and to CVMC 17.35.050 have
been provided in strikeout/underline and are fully detailed in Exhibits I and 2 to this Addendum.
A brief description of each amendment is provided below:
. Amendment to Section 7.4.4 (Brush Management). The proposed amendment to Section
7.4.4 (Exhibit I) includes removing references to the planned communities of Bonita
Long Canyon, Rancho Del Rey, Terra Nova, and EastLake. Removing thc references to
these existing communities would clarify that the brush management guidelines
contained in Section 7.4.4 apply throughout the City where urban development interfaces
with open space. The proposed amendment would not change or modify the existing
provisions for each of the three MSCP brush management zones.
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ATTACHMENT 1
. Amendment to Section 7.4.5.1 (Brush Management in the Central Citv PMA). The
amendment to Section 7.4.5.1 (Exhibit 1) of the City's MSCP Subarea Plan includes
minor text changes to clarify that the existing provisions for Zone 3 brush management
can be undertaken within the Central City PMA provided the work is performed under
the observation of a qualified biologist. No changes to the current level of intensity for
Zone 3 clearing/thinning activities are proposed.
. Amendment to the HUT Ordinance. Section 17.35.050 (Exemptions). The proposed
amendment to the HUT Ordinance (Exhibit 2) includes a new exemption category for
brush management activities performed in accordance with the guidelines established
through the City's MSCP Subarea Plan. The exemption would expedite requests for
brush abatement by authorizing property owners to conduct brush management without
having to obtain a HUT permit. Where the City Fire Marshall determines that the general
brush management guidelines will not achieve a sufficient level of fire protection
intended by the application of the three MSCP brush management zones, additional fuel
reduction may occur pursuant to the 1997 MOD. Exemptions for brush management
activities performed in corljunction with the 1997 MOO shall be reviewed on a case-by-
case basis, subject to the implementation guidelines provided therein.
V. ANALYSIS
The proposed modifications to the City's MSCP Subarea Plan and HUT Ordinance addressed in
this Addendum (and described above) would not result in new or different impacts than that
which were described in the Final/Supplemental EIRlEIS. None of the proposed changes to the
City's MSCP Subarea Plan and HUT Ordinance would result in either a change in significant
impacts or the adopted mitigation measures. A summary of the potential impacts due to the
modification to the City's MSCP Subarea Plan and HUT Ordinance are discussed below.
Biological Resources (MSCP Consistency)
The proposed changes to the existing brush management guidelines addressed in this Addendum
would have no effect on the impacts and conclusions described in the Biological Resources
section of the Final/Supplemental EIRlEIS documents. The environmental impacts associated
with the City's MSCP Subarea Plan were studied within the range of alternatives analyzed in the
Final/Supplemental EIRlEIS.
The City's existing MSCP brush management guidelines/zones tier from, and further refine, the
previously adopted 1997 MOD. Authorization for the take of covered species as a result of brush
management activities is expressly provided through the 1997 MOO which determined that the
fire control, abatement, and protection measures contemplated through the 1997 MOD are not
likely to result in jeopardy to the continued existence of identified listed or candidate species. As
proposed, the amendments to the City's MSCP Subarea Plan serve only to provide clarification
regarding the implementation of the existing brush management guidelines. The amendments
Sections 7.4.4 and 7.4.5.1 City's MSCP Subarea Plan would not change the level of thinning
currently authorized for each of the three MSCP brush management zones or result in any new
ATTACHMENT 1
impacts that would otherwise require the need to modify the City's previously approved take
authorizations.
The amendment to clarify implementation of Zone 3 fuel reduction within the Central City PMA
remains consistent with the preventative measures for reducing the risk of fire between urban
areas and open space preserve areas as described in City's adopted MSCP Subarea Plan,
Implementing Agreement, and 1997 MOU. Brush management activities associated with this
zone are restricted to hand removal of dead underbrush and limited thinning of overgrown
canopies. In addition, work within Zone 3 must be performed outside the avian breeding season
and under the direction of a qualitied biologist to minimize the effects on any identified sensitive
biological resources. The amendment to Section 7.4.5.1 of the City's MSCP Subarea Plan serves
only to clarify the extent to which the City's existing brush management guidelines can be
implemented within the Central City Preserve. The amendment to Section 7.4.5.1 of the City's
MSCP Subarea Plan does not change the level of thinning currently authorized within Zone 3
and, therefore, would not result in any new impacts that would otherwise require the need to
modify the City's existing take authorizations.
VI. CONCLUSION
The proposed amendments to the City's MSCP Subarea Plan and HUT Ordinance would not
cause any new or more severe physical impacts nor require any additional mitigation measures
that were not already addressed in the Final/Supplemental EIRJEIS documents. As such, the
analysis and conclusions presented in the Final/Supplemental EIRJEIS are not changed by the
proposed action.
Therefore, in accordance with CEQA Guidelines, Section 15164 subdivisions (c) and (e), this
document shall serve as an Addendum to the Final/Supplemental EIRJEIS, and shall fulfill the
City's obligation to consider whether the changed circumstances and potentially signiticant new
information identitied herein compel the preparation of a subsequent EIR (CEQA Guidelines,
Sections 15162, 15163).
Glen Laube
Associate Planner
References:
Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, February
2003
Final Supplemental Environmental Impact Report and Environmcntal Assessment for the
Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, January 2003
Addendum to Environmental Impact Report and Environmental Assessment for Issuance
of Take Authorizations For Threatened and Endangered Species Due to Urban Growth
Within the Multiple Species Conservation Program (MSCP) Planning Area, August 2000
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ATTACHMENT 1
Final Environmental Impact Report and Environmental Assessment for Issuance of Take
Authorizations For Threatened and Endangered Species Due to Urban Growth Within the
Multiple Species Conservation Program (MSCP) Planning Area, January 1997
. Memorandum of Understanding between the Wildlife Agencies, California Department
of Forestry, the San Diego County Fire Chiefs Association, and the Fire District's
Association of San Diego County dated February 26,1997
J: IPlal1llillglGLaubelMSCPIBrllsh MgtIMSCP-HLIT_AmendmentsICity CouncillCC-Addell-BrushMgt-I-II-1 O. doc
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7-14
EXHIBIT 1
Section 7.4.4 Brnsh Management
Brush management is required to be undertaken in the City in areas where urban development
interfaces with open space, in order to reduce fire fuel loads and reduce potential fire hazard. The
City recognizes three brush management "Zones," requiring different levels of brush
management/fuel reduction activity. The three brush management Zones are described below:
. Zone I is the area closest to the structure. In this Zone, the fuel load (vegetation) adjacent to
all structures on the property must be reduced to a minimum of 18 inches in height and
irrigated. Zone 1 brush management is implemented in an area at' least wlthin a.minimum of
30 feet from existing structurcs as required by the Fire Marshal in the followin,; communities:
Bonita Lon; CanyoA, Pc"Fleho Del Rey, Terra c;o\'", ancl E"stlake I anf1-l.I. In all new
communities, including EastLake m, Bella Lago, San Miguel Ranch and Otay Ranch, Zone 1
brush management will be required to extend 50 feet from structures. The communities of
Rolling Hills Ranch and Sunbow II will conduct brush management according to the
requirements of their respective approved SPA or Precise Plans.
. Zone 2 extends 50 feet beyond Zone I, and requires that vegetation be limited to a height of
two to four feet, depending upon conditions. The critical brush management activity in Zone
'2 is the clearing of dead underbrush. Zone 2 brush management is accomplished through
hand-clearing.
. Zone 3 may extend up to 50 feet beyond Zone 2, at the discretion of the Fire Marshal. In this
Zone, brush management is undertaken only if seVere fire hazards exist. When necessary,
clearing of dead underbrush and thinning of canopies created by tall plants or trees is
accomplished by hand. To the' extent practicable, non-emergency brush management in zone
3 will be undertaken outside the bird breeding seasons (April I through June 31) in areas
where breeding and/or nesting may occur.
Encroachment into non-Preserve areas that mav contain sensitive biological resources is limited
to the maximum extent practical throul(h the implementation of the general brush management
guidelines described above. Where the City's Fire Marshall determines that the general brush
management guidelines will not achieve a sufficient level of fire protection intcnded bv the
application of the three MSCP brush management zones, additional fuel reduction mav occur
pursuant Section 7.4.4.3.
Generally, all brush management activity is undertaken outside the Preserve. Exceptions to this
may apply only in existing communities in the Central City PMA and/or North City PMA.
Sections 7.4.5.1, 7.4.6.1 and 7.4.7.1 provide detailed infoffilation relative to how brush
management is or will be conducted for each community within the three PMAs.
7.4.4.1 Urban- Wildland lnlerface Code
The City adopted the 1997 Urban-Wildland Interface Code as Section 15.38 of the Chula
Vista Municipal Code, and it became effective on July 1, 1999. The purpose of the code
is to lessen the risk to life and structures from intrusion of fire from wildland fIre
exposures and fire exposures from adjacent structures and to prevent structure fires from
spreading to wildland fuels. Two key elements of the Urban-Wildland Interface Code as
it relates to the Chula Vista MSCP Subarea
City ofChula Vista
MSCP Subarea Plan
7-17
February 2003
7-15
EXIllBIT 1
Plan are the special building construction regulations and the fuel modification
provIsIons.
7.4.4.2 Wildland/Urban Interface: Fuel Modification Standards
The plant list contained in the "Wildland I Urban Interface: Fuel Modification
Standards," dated November 1995, (Appendix K) must be reviewed and utilized to the
maximum extent practicable when developing landscaping plans in areas adjacent to the
Preserve.
7.4.4.3 Emergency Brush lIIanagement
In the event that the City Fire Marshal determines an emergency situation exists and fuel
reduction bevond the extent authorized under Zone 3 is not adequate to achieve a
sufficient level of fire protection intended bv the application of the three MSCP brush
management zones, minimal additional brush management may be undertaken under the
direction of the Fire Marshal. In such an emergency situation, the Fire Marshal will
adhere to the Memorandum of Understanding between the Wildlife Agencies, California
Department of Forestry, the San Diego County Fire Chiefs Association, and the Fire
District's Association of San Diego County dated February 26, 1997 (Appendix L) and
anv amendments thereto or whollv new agreements that supercede the 1997 MOU.
7.4.5 Central City PMA Management
The Central City PMA Preserve lands are already dedicated to the City and are surrounded by
existing urban development. The City Planning Component Framework Management Plan,
incorporated as Section 7.5 of this Subarea Plan serves as the Framework Management Plan for
the Central City PMA. ASMDs for the Central City will incorporate the requirements of the City
Planning Component Framework Plan, as well as the requirements incorporated into Table 3-5 of
the MSCP Subregional Plan.
ASMDs for this PMA will be developed by the City, in accordance with the timeline presented on
Table 7-1 in Section 7.3.4 of this Subarea Plan. Prior to preparing ASMDs for the Central City,
the City will conduct surveys to establish baseline biological information about the habitats and
species prevalent in these urban open space areas. The City has received grant awards from the
CDFG NCCP local assistance grant funds to be used specifically to conduct a baseline biological
study for the Central City PMA and prepare area-specific management directives for the Central
City.
City olChula Vista
MSCP Subarea Plan
7-18
February 2003
7-16
EXHIBIT 1
Lands within the Central City PMA are currently being managed by the City Parks and
Recreation Department. Management tasks currently funded and undertaken include Priority I
general maintenance tasks, including:
.
Removal of trash, debris and other solid waste
Maintenance of trails and fences
Implementation of security programs to enforce "no trespassing" rules, curtail
activities and activities that may degrade resources, such as grazing, shooting,
planting, dumping and off-road vehicle traffic
Limited weeding along Preserve/urban interfaces
illegal
illegal
.
.
.
Subsequent to adoption of the Subarea Plan and issuance of Take Authorization to the City from
the Wildlife Agencies, the City Habitat Manager will be assigned to coordinate with the City
Parks and Recreation Department and to expand Preserve management activities within the
Central City PMA. As discussed in Section 8.3.1.1, a new Central" City Preserve Biological
Enhancement Funding Program will be established, providing funds for enhanced management
within the Central City PMA. Working with a qualified biologist selected by the City, the City
Habitat Manager will determine the priorities for enhanced management and long-term
monitoring in the Central City PMA based upon ASMDs and will assume responsibility for
allocation of the Biological Enhancement Funds.
7.4.5.1 Brush Management in the Central City PMA
The Preserve boundary adjacent to existing communities begins 10 feet beyond property
lines. Therefore in most cases Zone I brush management activity will, be accomplished
outside of Preserve boundaries. Zone 2 activities are limited to the maximum extent
practicable, as detenllined by the Fire Marshal, in order to reduce encroachment into the
Preserve. Zone 3 does not apply to ";listing communitios. Application of Zone 3 is
authorized onlv where the Fire Marshall has determined that an emergencv situation
exists. Zone 3 activities are performed under the observation of a qualifieu biolo~ist and
are limited to hand clearing of dead underbrush and thinnin~ of canopies. To the extent
practicable. non-emergencv brush management in Zone 3 shall be performed outside the
bird breeding seasons (April I through June 31) in areas where breeding and/or nesting
may occur as determined bv a qualified biologist.
Brush management for the Sunbow II community is accomplished through a Community
Facilities District (CFD). In this community the Sunbow SPA Plan dictates specific
provisions for brush management. The approved Sun bow II SPA provides for 45 feet of
tilel modification. Specifically, the mitigation measures adopted for the project state the
following:
City oiehula Vista
lHSCP Subarea Plan
7-19
February 2003
7-17
EXHIBIT 1
Slopes shall be maintained to the extent possible in a natural state in the open space
areas. Where grading must occur on slopes adjacent to housing, 30 feet of
succulent plant material shall be planted, followed by a decomposed granite trail 15
feet in width to act as a firebreak and planting of native drought tolerant, low fUel
plant material farther down the slope. All landscape plans shall be subject to
approval by the City Landscape Architect. Jf manufactured slopes are adjacent to
open space areas, these slopes shall be replanted according to the Open Space City
Coordinator, Landscape Architect and Fire Marshal standards.
7.4.6 North City PMA Management
The North City PMA includes the project areas for Rolling Hills Ranch and Bella Lago. These
are developing communities with associated SPA or Precise Plans. Both projects are Covered
Projects pursuant to Section 5.1.1 of this Subarea Plan. The San Miguel Ranch and Inverted "L"
properties are also located in this north area of the City. Preserve land associated with these two
properties has been, or will be dedicated into the San Diego NWR and will be managed by
USFWS.
Conditions of Coverage for Rolling Hills Ranch and Bella Lago are incorporated into Sections
7.5.6.3 and 7.5.6.5, respectively. Short-term management responsibilities required through
respective project entitlements are assured through SPA or Precise Plans and grading permit
conditions.
Rolling Hills Ranch has completed the project entitlement process. The Rolling Hills Ranch SPA
Plan includes MMRP requirements, which must be completed prior to issuance of grading
permits. Other Conditions of Coverage required through this Subarea Plan will become
conditions of grading permits. .
A Precise Plan for Bella Lago is being processed, but has not yet been approved by the City. All
Conditions of Coverage for Bella Lago pursuant to this Subarea Plan will be incorporated as
conditions of the Bella Lago Precise Plan and to be completed or assured prior to issuance of
grading permits.
As a Condition of Coverage for Rolling Hills Ranch and Bella Lago prior to project grading
and/or conveyance of land into the Preserve, ASl'vlDs will be prepared. A mechanism for
financing long-term Preserve management must also be in place prior to grading. Upon
conveyance of land into the Preserve in the North City PMA, the City will assume responsibility
for long-term management and monitoring, consistent with the ASl'vIDs. The City Habitat
Manager will oversee this responsibility, although a designee may be assigned to perform actual
management tasks.
J. IPlanninglGLaubelMSCPIBrush MgtIMSCP-HLIT_AmendmelltsICity CouncillAdden_Exhibit l.doc
City olChula Vista
MSC? Subarea Plan
7-20
February 2003
7-18
EXHIBIT 2
Proposed Amendment to Chapter 17, Section 17.35.050 of the Chu1a Vista Municipal Code to
include and exemption for brush management activitics conducted in accordance with section
7.4.4 of the Chula Vista Multiple Species Conservation Program Subarea Plan:
17.35.050 Exemptions
The following are exempt from the requirements ofthis Chapter:
A. Development of a Project Area that is one acre or less in size and located entirely in a
mapped Development Area outside of Covered Projects.
B. Development of a Project Area which is located entirely within the mapped Development
Area outside Covered Projects, and where it has been demonstrated to the satisfaction of
the Director of Planning and Building, or his/hcr designee, that no Sensitive Biological
Resources exist on the Project Arca.
C. Development that is limited to interior modifications or repairs and any exterior repairs,
alterations or maintenance that does not increase the footprint of an existing building or
accessory structure, that will not encroach into identified Sensitive Biological Resources
during or after construction.
D. Any project within the Development Area of a Covered Project.
E. Any project that has an effective incidental take permit from the Wildlife Agencies.
F. Continuance of Agricultural Opcrations.
G. Brush management activities conducted in accordance the City of Chula Vista MSCP
Subarea Plan. Where the City Fire Marshall determines that the general brush
management guidelines will not achieve a sufficient level of tire protection intended by
the application of the three MSCP management zones, additional fuel reduction may
occur pursuant to the provisions described in the 1997 Memorandum of Understanding
among the Wildlife Agencies, California Department of Forestry, the San Diego County
Fire Chiefs Association, and the Fire District's Association of San Diego County and
any amendments thereto or wholly new agreements that supercede the 1997 MOU.
Exemptions for brush management activities performed in conjunction with the 1997
MOU shall be reviewed on a case-by-case basis, subject to the implementation guidelines
provided therein.
J: IPlanninglGLallbelMSCPIBrllsh Mgt~\ISCP -HLlT_ AmendmentslCity COllncillAdden_ Exhibit 2. doc
7-19
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U, S, Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road, Sle. 101
Carlsbad, California 92011
(760) 431-9440
FAX (760) 431-5901
California Department ofFish and Game
South Coast Region
4949 Vtewridg~ Avenue
San Diego, California 92123
(858) 467-4201
FAX (858) 467-4299
In Reply Refer to:
FWS-SDG-08B0029-09T A0080
Mr, Glen Laube
Senior Plarmer
===eitY::'Qf:ehu1a-Vista~------:.
276 Fourth Avenue
MS P-IOI
Chula Vista, California 92910
DEe 0;5 ZOM
Subject: Concurrence of proposed amendments to the brush management provisions of the
City of Chula Vista MSCP Subarea Plan and HUT Ordinance, COlmty of San Diego
Dear i'vfL Laube:
The Department ofFish and Game (Department) and the U,S_ Fish and Wildlife Service
(Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed the October
1,2008, letter from City ofChula Vista (City) requesting our concurrence on the City's proposed
amendments to the City's Multiple Species Conservation Program (MSCP) Subarea Plan and
Habitat Loss and Incidental Take (HUT) Ordinance, The proposcd amendments will clarify the
location and extent to which brush management activities can be undertaken within the City.
The Wildlife Agencies have reviewed the proposed amendments to sections 7.4.4 and 7.4.5.1 of
the Subarea Plan and to section 17.35.050 of the HUT provided ,vith your October 1,2008,
letter, and, with some minor edits identified below, agree that the amendments are appropriate.
This letter serves as our eoncurrence with the amendments as edited per our suggestions.
Su~gested.Edits
1. In addition to the proposed amendments in the first bullet in Seetion 7.4.4 of the Subarea
Plan - Brush Management, change second sentenee to, "Zone I brush management is
implemented in an area at least within a minimum of 30 feet...."
2. CUlTently, Seetion 7.4.4 first invokes and identifies the signatories to the 1997 Fire
Memorandum of Understanding (MOU) in subsection 7.4.4.3. The proposed paragraph to
be added after the third bullet in Section 7.4.4 invokes the MOU, but does not identify its
signatories. We suggest that (a) the language provided in subsection 7.4.4.3 be moved to the
proposed new paragraph, (b) "Memorandum of Understanding between the Wildlife
Agencies..." be changed to "Memorandum of Understanding among the Wildlife
Agencies...," and (e) the addition at the end of the sentenee of "and any amendments thereto
TAKE PRIDE0~, ~
INAMERICA.~
7-21
ATTACHMENT 3
Glen Laube (FWS-SDG-OSB0029-09TA0080)
2
or wholly new agreements that supersede the 1997 MOU." This is needed because the 1997
Fire MOU may be updated or superseded by one or more new agreement.
3. In subsection 7.4.5.1 - Brush Management in the Central City Preserve Management Area
(PMA), change the first sentence of the added language to, "Brush management
ffiApplication of Zone 3 is authorized only...."
4. In subsection 7.4.5.1 - Brush Management in the Central City PMA, change the second
-..-...----.-......-- ""'sentence'oHhe'adaea:language.to, "Zone-3'activities are performed underthe'direction'
observation of a qualified. ..."
~
---
5. In the proposed addition to the HUT (Section 17.35.050 - Exemptions), please (a) refer to
the Subarea Plan as "Chula Vista Subarea Plan" to be consistent with references to the Plan
elsewhere in the HUT, (b) change "Memorandum of Understanding between the Wildlife
Agencies..." to "Memorandum of Understanding among the Wildlife Agencies.. .," and (c)
at the end of the sentence, add "and any amendments thereto or wholly new agreements that
supersede the 1997 MOU."
lfyou have any questions regarding this letter, please contact Amber Himes (Service) at (760)
431-9440 or Libby Lucas (Department) at (858) 467-4230.
Sincerely,
Karen A. Goebel
Assistant Field Supervisor
U.S. Fish and Wildlife Service
Stephen M. Juarez
Environmental Program Manager
California Department of Fish and Game
7-22
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING
SECTION 7.4.4 AND SECTION 7.4.5.1 OF THE CHULA VISTA MULTIPLE
SPECIES CONSERVATION PROGRAM SUBAREA PLAN REGARDING
BRUSH MAJ'-!AGEMENT ACTIVITIES
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 of public health and safety by reducing
the potential wildland fire risks, and
WHEREAS, the amendments to Section 7.4.4 and Section 7.4.5.1 of the City ofChula 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 amendments to the City's MSCP Subarea Plan 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 .
WHEREAS, the amendments to the City's MSCP Subarea Plan do not authorize any
activities that would result in the need to modify the City's existing take authorizations or
conservation obligations as dctailed the City's Implementing Agrcement; and
WHEREAS, the amendments to the City's MSCP Subarea Plan would serve to reduce the
incidence of non-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 Take Authorizations for
Threatened And Endangered Species due to urban growth within the Multiple Species Conservation
Program (MSCP) Planning Area, LDR No. 93-0287, SCH No. 93121073, dated January 1997, an
Addendum to the Final EIRlEIS (August 2000), and the Supplemental Environmental Impact Report
7-23
and Environmental Assessment, EA 03-01, SCH No.20022051045 dated January 2003. The
Environmental Review Coordinator has determined that oply minor technical changes or additions to
the Final EIR/EIS and Final Supplemental EIRlEIS are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling forthe preparation of a subsequent
document have occurred; therefore, the Environmental Review Coordinator has prepared an
addendum to the Final/Supplemental EIRlEIS; and
WHEREAS, the Deputy City Manager / Development Services Director set the time and
place for the hearings 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 and the mailing to property
owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the
hearing; and
WHEREAS, a 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, 201 0
as set forth in the record of its proceedings and incorporated herein by this reference recommended
City Council approve the amendments to Section 7.4.4 and Section 7.4.5.1 of the City's MSCP
Subarea Plan, and Section 17.35.050 of the City ofChula Vista Municipal Code; and
WHEREAS, a hearing was held at the time and place as advertised, namely 4:00 p.m.,
February 9, 2010 in the Council Chambers, 276 Fourth Avenue, before the City Council wherein the
City Council having received certain evidence as set forth in the record of its proceedings and
incorporated herein by this reference closed said hearing.
NOW THEREFORE BE IT RESOLVED the City Council of the City ofChula Vista does
hereby amend Section 7.4.4 and Section 7.4.5.1 of the Chula Vista Multiple Species Conservation
Program Subarea Plan regarding brush management activities as identified in Exhibit A attached
hereto and incorporated herein by this reference.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager/
Development Services Director
7-24
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17, SECTION 17.35.050 OF THE
CHULA VISTA MUNICIPAL CODE TO INCLUDE AN
EXEMPTION FOR BRUSH MANAGEMENT ACTIVITIES
CONDUCTED IN ACCORDANCE WITH SECTION 7.4.4 OF
THE CHULA VISTA MULTIPLE SPECIES CONSERVATION
PROGRAl'v1 SUBAREA PLAN
WHEREAS, the City Council approved the City of Chula Vista Multiple Species
ConserVation Program (MSCP) Subarea Plan on May 13, 2003; and
WHEREAS, the MSCP Subarea Plan is implemented through Chula Vista Municipal
Code (CVMC) Chapter 17 (Habitat Loss and Incidental Take 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 17.35.050 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 amendment is consistent with the preventative measures for reducing the
risk of fire between urban areas and open space Preserve Areas as described in the City's MSCP
Subarea Plan; and
WHEREAS, the amendment would serve to reduce the incidence of non-natural fires
spreading from development areas to naturalized open space areas thereby protecting Chula
Vista Covered Species from further degradation; and
WHEREAS, the amendment does not authorize any activities that would result in the
need to modifY the City's existing take authorizations or conservation obligations as detailed in
the City's Implementing Agreement; and
WHEREAS, the amendment to CVMC Chapter 17.35.050 would expedite and implement
requests for fuel reduction; and
WHEREAS, 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 EIRIEIS for Issuance of Take Authorizations
for Threatened And Endangered Species due to urban growth within the Multiple Species
Conservation Program (MSCP) Plarming Area, LDR No. 93-0287, SCH No. 93121073, dated
January 1997, an Addendum to the Final EIRIEIS (August 2000), and the Supplemental
7-25
Ordinance No.
Page 2
........ . ....E;;v;;o;m;~;;i~i.imp~~iR~port.;;;;dE;;~ir~~~;;t~i.A~~~~;~~;;t;"I::A03-01;:SCH N~.2002205l045"'"
dated January 2003. The Environmental Review Coordinator has determined that only minor
technical changes or additions to the Final EIR/EIS and Final Supplemental EIRlEIS 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 an addendum to the Final/Supplemental
EIRIEIS; and
WHEREAS the Planning Commission held a duly noticed public hearing on January 27,
2010 and has forwarded a recommendation to the City Council to approve the amendment to
Section 17.35.050 of the City ofChula Vista Municipal Code.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section 1. That Chapter 17, Section 17.35.050 of the Chula Vista Municipal Code is hereby
amended to read as follows:
17.35.050 Exemptions
The fo 1I0wing are exempt from the requirements of this Chapter:
A. Development of a Project Area that is one acre or less in size and located entirely in a
mapped Development Area outside of Covered Projects.
B. Development of a Project Area which is located entirely within the mapped Development
Area outside Covered Projects, and where it has been demonstrated to the satisfaction of
the Director of Planning and Building, or his/her designee, that no Sensitive Biological
Resources exist on the Project Area.
C. Development that is limited to interior modifications or repairs and any exterior repairs,
alterations or maintenance that does not increase the footprint of an existing building or
accessory structure, that will not encroach into identified Sensitive Biological Resources
during or after construction.
D. Any project within the Development Area of a Covered Project.
E. Any project that has an effective incidental take permit from the Wildlife Agencies.
F. Continuance of Agricultural Operations.
G. Brush management activities conducted in accordance the City of Chula Vista MSCP
Subarea Plan. Where the City Fire Marshall determines that the general brush
management guidelines will not achieve a sufficient level of fire protection intended by
the application of the three MSCP management zones. additional fuel reduction mav
7-26
Ordinance No.
Page 3
occur pursuant to the provisions described in the 1997 Memorandum of Understanding
among the Wildlife Agencies. California Department of Forestry. the San Diego County
Fire Chiefs Association. and the Fire District's Association of San Diego Countv and
any amendments thereto or whollv new agreements that supercede the 1997 MOU.
Exemptions for brush management activities performed in coni unction with the 1997
MOU shall be reviewed on a case-by-case basis. subiect to the implementation guidelines
provided therein. .
Section [1. This ordinance shall take effect and be in force on the thirtieth day from and after its
final adoption (Second Reading).
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager!
Development Services Director
//~~- -
;;/ :.p /' \
,v \.
~ Bart Miest:\eld\--____ ~:;7
~'!City Attomey",< .~-, __,/
-------
7-27