HomeMy WebLinkAboutReso 2010-038RESOLUTION NO. 2010-038
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
WHEREAS, the City Council approved the City of Chula Vista Multiple Species
Conservation Program (MSCP) Subazea 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 wild land fire risks; and
WHEREAS, the amendments to Section 7.4.4 and Section 7.4.5.1 of the City of Chula V ista
MSCP Subarea Plan would provide additional clazification regazding the location and extent to
which brush management activities are undertaken within the City; and
WHEREAS, the amendments to the City's MSCP Subazea Plan aze 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 amendments to the City's MSCP Subazea Plan do 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 amendments to the City's MSCP Subarea Plan would serve to reduce the
incidence of non-natural fires spreading from development azeas to naturalized open space azeas
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 regazding 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 EIR/EIS (August 2000), and the Supplemental Environmental Impact Report
Resolution No. 2010-038
Page 2
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 EIR/EIS and Final Supplemental EIR/EIS aze necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent
document have occurred; therefore, the Environmental Review Coordinator has prepazed an
addendum to the Final/Supplemental EIR/EIS; and
WHEREAS, the Deputy City Manager/DevelopmentServkes Director set the time and place
for the heazings on the Project, and notice of said heazings, 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 boundazies of the property, at least ] 0 days prior to the heazing; 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 heazing was thereafter closed; and
WHEREAS, the Planning Commission having received certain evidence on January 27,
2010, as set forth in the record of its proceedings and incorporated herein by this reference
recommended City Council approve the amendments to Section 7.4.4 and Section 7.4.5.1 of the
City's MSCP Subazea Plan, and Section 17.35.050 ofthe City of Chula Vista Municipal Code; and
WHEREAS, a heazing 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 heazing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula 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
Gazy albe , P.E., AICP
Deputy Ci Manager/
Development Services Director
Resolution No. 2010-038
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of February 2010 by the following vote:
AYES: Councilmembers: Castaneda, Ramirez, Thompson and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
Cj""Li~
Cheryl Cox, May
ATTEST:
~ ,~ ~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-038 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 9th day of February 2010.
Executed this 9th day of February 2010.
~~~~ ~~
Donna R. Norris, CMC, City Clerk
Resolution No. 2010-038
Page 4
EXHIBIT A
Secfion 7.4.4 Brush Management
Brush management is required to be undertaken in Nre 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
managemendfuel reduction activity. The three brush management Zones are described below:
Zone l is the area dosesf to the structure. Tn this Zone, the fuel load (vegetation) adjacent to
ull strucmres on the property must be reduced to a minimum of 18 inches m height and
~__-.
'urigated. Zone 1 brush management is implemented ~rwithin a~minimum of
30 feet from existing struchires as required by [he Fve Marshal'°''~° `~' ~^''-e °~--"^'°"'°r~
~r,,.... ~*... .. ...d L,.-f 1.,4~ r _„A ~r In all neW
communities, including Eastlake [lI, Bella Lago, San Miguel Ranch and Otay Ranch, Zone l
brush management will be required to extend 50 feet from strucmres. 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 1, and requires that vegetation be limited to a height of
[•vo 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-cleazing.
• Zone 3 may extend up to SO 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 tltinning of canopies created by tall plants or trees is
accomplished by hand. To they 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 may contain sensitive biolosical resources is limited
aaalication of the three MSCP brush management zones additional fuel reduction may occur
~suant 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 PbtA and/or North Ciry PMA.
Sections 7.4.5.1, 7.4.6.1 and 7.4.7.1 provide detailed information relative to how brush
management is or will be conducted for each community within [he three PMAs.
7.4.4.1 Urban-{i'ildlaad Inferjaee Code
The City adopted the L997 Urban-Wildland Interface Code as Section 15.35 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 V ista MSCP Subarea
City ofChuia Visra February 1003
MSCP Subarea Plan
Resolution No. 2010-038
Page 5
Plan aze the special building construction regulations and the fuel modification
provisions.
7.4.4.2 WiGlland/llrbat: Interface: Fuel Mod fcalion Standards
The plant list contained in the "Wildland / Urban Interface: Fuel Modification
Standards," dated November 1995, (Appendix Ik} 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 Management
In the event that the City Fire Marshal determines an emergency situation exists and fuel
reduction beyond the extent authorized under Zone 3 is not adeouate to achieve a
sufficient level of fire protection intended by the application of the three MSCP brush
manasement zones, minimal additional brush management may be undertaken under the
direction of the Fire Marshal. In such an emergency situation, the Fve Marshal will
adhere to [he Memorandum of Understanding beriveen the Wildlife Agencies, California
Department of Forestry, the San Diego County Fire Chiefls Association, and the Fve
District's Association of San Diego County dated February 26, 1997 (Appendix L)
~~ amendments thereto or wholly new aereements that sucercede 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.
ASb1Ds 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
CDFO 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.
Ciry ojChula Vista February?003
HfSCP Subarea Plan
Resolution No. 2010-038
Page 6
Lands within [he 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
• hnplementation of security programs to enforce "no trespassing" rules, curtail illegal
activities and activities lhttt may degrade resources, such as grazing, shooting, illegal
planting, dumping and off-road vehicle traffic
• Limited weeding along Preserve/urban interfaces
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 [o expand Preserve management activities within the
Central City PMA. As discussed in Section 8.3.1.1, a new Centrah 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 dte City, the City
Habitat Manager will determine the priorities Eor 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 Centrnl City PMA
The Preserve boundary adjacent to existing communities begins 10 feet beyond property
lines. Therefore in most cases Zone 1 brush management activity will, be accomplished
outside of Preserve boundaries. Zone 2 activities are limited to the maximum extent
practicable, as determined by the Fire Marshal, in order to reduce encroachment into the
ceY. -.cow
Preserve. °a::_ '_ 'cec ::.,. ^^'° '~ °..... _m..._.....__ Aoolication of Zone 3 is
authorized only where the Fire Marshall has determined that an emer¢encv sih~ation
exists Zone 3 activities are performed under the observation of a qualified biologist and
are limited to hand clearing of dead underbrush and thinninu of canopies To the extent
practicable non-emeroencv brush manl~ement in Zone 3 shall be performed outside the
bird breedint; seasons (April t through June all in areas where breeding and/or nestin¢
ma occur as determined by a qualified biologist.
Brush managetent 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 Sunbow II SPA provides for 45 feet of
tuel modification. Specifically, the mitigation measures adopted for the project state the
following:
CiN of Chula Vcsra Febrxmry 1003
NLISCP Subarea Plan
Resolution No. 2010-038
Page 7
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 hoeering, 30 feet of
succulent plant material shall be planted, followed by a decomposed granite trail IS
feet in width to act as a firebreak and planting oJnative drought tolermn, low fuel
plmi( material farther down the slope. All landscape plmts shall be subject to
approval by the Ciry Landscape Architect. If n:anufac[ured slopes are adjacent to
open space areas, these slopes sha!! be replmtted according to the Open Space Ciry
Coordirurtor, Lmtdscape 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 aze Covered
Projects pursuant to Section S.l.l 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 Belia Lago are incorporated into Sections
7.5.6.3 and 7.5.6.5, respectively. Short-teen management responsibilities required through
respective project entitlements aze 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 [o project grading
and/or conveyance of land into the Preserve, ASIvIDs will be prepared. A mechanism for
financing long-term Preserve management must also be in place prior to gmding. 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 ASMDs. The City Habitat
Manager will oversee this responsibility, although a designee may be assigned to perform actual
management tasks.
JlPlonninglGLaubeLNSCPIBrurh MgtleLfSCP-HL/7_AmendmetuslCiry CamcillAdden Exhibit 1. doc
Ciry ojChufa Vista February 7003
bfSCP Subarea Plan
Resolution No. 2010-038
Page 8
Proposed Amendment to Chapter 17, Section 17.35.050 of the Chula Vista Municipal Code to
include and exemption for brush management activities conducted in accordance with section
7.4.4 of the Chula Vista Multiple Species Conservation Program Subarea Plan:
17.3~.0~0 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 entircly 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 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 bttilding or
accessory struchue, 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 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 Chief's 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.
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