HomeMy WebLinkAboutOrd 2010-3151ORDINANCE NO. 3151
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
PROGRAM 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 Subazea 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 azeas and open space preserve areas as described in the City's MSCP
Subazea Plan; and
WHEREAS, the amendment would serve to reduce the incidence of non-natural fires
spreading from development areas to naturalized open space azeas 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 EIR/EIS for Issuance of Take Authorizations
for Threatened and Endangered Species due to urban growth within the 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 and Environmental
Ordinance No. 3151
Page 2
Assessment, EA 03-01, SCH No.20022051045 dated Januazy 2003. The Environmental Review
Coordinator has determined that only minor technical changes or additions to the Final EIR/EIS
and Final Supplemental EIR/EIS are 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 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 of Chula Vista Municipal Code.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. 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 following aze 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 may
occur pursuant to the provisions described in the 1997 Memorandum of Understanding
Ordinance No. 3151
Page 3
among the Wildlife Agencies, California Department of Forestry, the San Diego County
Fire Chiefls Association, and the Fire District's Association of San Diego County and
anv amendments thereto or wholly new agreements that supercede the 1997 MOU.
Exemptions for brush manaeement activities performed in conjunction with the 1997
MOU shall be reviewed on a case-by-case basis, subject 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
o,
Gary albe .E., ICP
Deputy Cit anager/Development
Services Director
Approved as to form by
Ordinance No. 3151
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of February 2010, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, May
ATTEST:
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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
Ordinance No. 3150 had its first reading at a regulaz meeting held on the 9th day of Februazy
2010 and its second reading and adoption at a regular meeting of said City Council held on the
23rd day of February; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 23rd day of February 2010.
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Donna R. Norris, CMC, City Clerk