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Home My WebLink About2010/02/23 Item 3 tJO?\\O~ ORDINANCE NO. _ ~\;) ",~l\) t>l ORDINANCE OF THE C~Y ~~ULA VISTA AMENDING CHAPTER 17, S 1735.050 OF THE CI-fULA VISTA MUNICIPA!2.'< DE TO INCLUDE Ai" EXEMPTION FOR BRUSH MANAGEMENT ACTfVITIES CONDUCTED IN ACCORDANCE WITH SECTION 7.4.4 OF THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRMvl SUBAREA PLAN Wl-IEREAS, the City Council approved the City of Chula Vista Multiple Species Conser"ation Progra!:1 (~ISCP) 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 a~tivities described in Section 7.4.4, of the 'City's MSCP Subarea Plan, as may be amended from time to time; and \VHEREAS, the amen9ment 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 aurhorizations or conservation obligations as detailed in the City's Implemenring Agreement; and Wl-IEREAS, 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 Califo:rua Environmental Quality Act (CEQA) and has determined that rhe projec[ was covered in previously adopted Final EIRJEIS 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 ] 997, an Addendum to the Final EIRJEIS (August 2000), and the Supplemental 3-1 Ordinance"No.~ Page 2 . v,'/ '1i.: -',_ ,...._............~'..:...a.~... .... .h. .. . .....H..._._ ......H.._...._. " ........h mf,:;v;;o~.~ntal Impact'Re'po-l:! arld, Environmental Assessment, EA 03-0 I, SCH No.20022051 045 dared January 2003. The Environmental Review Coordinator has determined that only minor technical changes or additions to" the:Final ElRlEIS and Final Supplemental EIRlEIS are necessary and that none of the conditionVd~cribed in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review CoordinatDr has prepared an addendum to the Final/Supplemental EIRIEIS; and WHEREAS the Planning CommissiDn held a duly nDticed public hearing on January 27, 20 I 0 and has forwarded a recDmmendation to the City Council ro approve the amendment to Section 17.35.050 of the City ofChula Vista Municipal Code. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby Drdain as follows: Section 1. That Chapter 17, Section 17.35.050 of the Chu\a Vista Municipal Code is hereby amended to read as follows: 17.35.050 Exemptions The following 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 demDnstrated tD the satisfaction of the DirectDr of Planning and Building, or hislher designee, that no Sensitive BiDlogical ResDurces exist on the Project Area D. Any project within the Development Area of a Covered Project. i I I , , I I , ! , I I i ! C. Development that is limited to interior modifications or repairs and any exteriDr 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. E. Any project that has an effecti ve 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 manaQement zones. additional fuel reduction mav 3-2 Ordinance No. Page 3 ~~~ur oursuantto the provi;;~'~s'd~'scribed in the 1997 Memor~d~;" of Understanding among the Wildlife Agencies. California Depanment of Forestry. the San Diego County Fire Chiefs Association. and the Fire District's Association of San Dieuo County and anv amendments thereto or wholly new agreements that supercede the 1997 MOU. Exemptions for brush management activities performed in coniunction with the 1997 MOU shall be reviewed on a case-bv-ease basis. subiect to the implementation guidelines provided therein. . Section II. 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, A1CP, PE Deputy City Manager! Development Services Director .i'/ ~'lB~rt Miesf~~ =--- CIty Attorney .....__________ _---- . I I I , f I , i t i , 1 ! i I I I I , [ , i i \ ; [ ( f , 3-3