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Ord 698 ORDINANCE NO. 698 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 15.05.070 TO THE POWAY MUNICIPAL CODE, REGARDING THE CITY OF POWAY VERY HIGH FIRE HAZARD MAP IN WHICH THE POWAYWILDLAND-URBAN INTERFACE BUILDING CODE IS ENFORCED WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS WHEREAS, the City of Poway has identified a need to modify the geographic area in which the City of Poway Wildland-Urban Interface Building Code is enforced; and WHEREAS, Health and Safety Code sections 17958.5 and 17958.7 authorize the City of Poway to make changes and modifications to state code and regulations that the City adopts by reference if such changes are reasonably necessary because of local. . climatic, geological, or topographical conditions; and WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain climatic, geologic, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council finds that the modifications and changes to the geographic area in which the City of Poway Wildland-Urban Interface Building Code are enforced are reasonably necessary because of the local climatic, geological, and topographical conditions as identified in Attachments A. B, and C; and WHEREAS, certain amendments to the Poway Wildland Urban-Interface Code serve to mitigate, to the extent possible, said deleterious effects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOW: SECTION 1: Chapter 15.05.070 of the Poway Municipal Code is hereby amended to read as follows: 15.05.070 Wildland-Urban Interface Areas. Section 302.1 is modified to read as follows: 302.1 Declaration. The legislative body shall declare the wildland-urban interface areas within the jurisdiction. The wildland-urban interface areas shall be based on findings of fact. The wildland-urban interface area boundary shall be any geographic area mapped or otherwise identified by the state or local jurisdiction as a very high fire hazard area, or as set forth by the FAHJ. When the type and condition of vegetation, topography, weather, and structure density which potentially increases the probability of vegetation conflagration exists, such an area shall be considered a hazardous fire area. Ordinance No. 698 Page 2 SECTION 2: The City Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines because it entails an expansion of the area that will be subject to the Wildland Urban Interface Building Code contained in PMC 15.05.070, and there is no possibility this will have a significant effect on the environment. SECTION 3: This ordinance shall be codified. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 6th day of October, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 20th day of October, 2009. c- -I" ~~~ ~ ~ ~/ - Don Higginson, Mayor / A EST: ~ royan, City Clerk Ordinance No. 698 Page 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Linda Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 698, was duly adopted by the City Council at a meeting of said City Council held on the 20th day of October, 2009, and that it was so adopted by the following vote: AYES: CUNNINGHAM, REXFORD, KRUSE, HIGGINSON NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE --- inda Troyan, City Clerk City of Poway -- -