DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 20, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk C{
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 874 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 15.24 and 8.76 of the Poway Municipal Code, to Designate Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection and Consolidate Defensible Space Regulations"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on May 6, 2025. There was one (1) speaker.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
BLAIN, MAEDA, PIKUS, DE HOFF, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 874.
Environmental Review:
None.
Fiscal Impact:
None.
1 of 14 May 20, 2025, Item #2
May 20, 2025, Item #2
Public
Notification:
A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
April
24,
2025.
An
ordinance
summary
notice
was
published
in
the
Poway
News
Chieftain
on
Thursday,
May
15,
2025.
A
certified
copy
of
this
Ordinance
will
also
be
posted
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
section
36933.
Attachments: A.
Ordinance
No
. 874
Reviewed/Approved
By:
WenKaserman Assistant
City
Manager
2 of
14 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By:
c{IJ;fQ
,
City
Manager
May 20, 2025, Item #2
ORDINANCE NO. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA AMENDING CHAPTERS 15.24 AND 8.76
OF THE POWAY MUNICIPAL CODE, TO DESIGNATE FIRE
HAZARD SEVERITY ZONES AS RECOMMENDED BY THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND CONSOLIDATE DEFENSIBLE SPACE
REGULATIONS
WHEREAS, SB63 "Fire Prevention: Vegetation Management: Public Education: Grants:
Defensible Space: Fire Hazard Severity Zones" (2021) amended Government Code section 51178 to direct the State Fire Marshal to identify moderate, high, and very high fire hazard severity zones;
WHEREAS, Government Code 51179 requires the local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal; WHEREAS, the City Council of the City of Poway finds that the City of Poway is at serious risk of wildfire due to its terrain, climate, and the presence of highly flammable native vegetation; WHEREAS, Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3 identify requirements for the maintenance of defensible space for all occupied dwellings within a very high fire hazard severity zone; WHEREAS, Ordinance No. 677 amended Chapter 8.76 of the Poway Municipal Code to create a defensible space program to be implemented in accordance with the City of Poway Wildfire Defensible Space Program Policy;
WHEREAS, Ordinance No. 698 amended Chapter 15.05.070, subsequently re-numbered to Chapter 15.24.100, to allow for the identification of hazardous fire areas by the Fire Authority Having Jurisdiction (FAHJ); and
WHEREAS, it has been determined that there is a need to update Chapter 15.24 and Chapter 8. 76 to consolidate the applicable defensible space regulations within a single chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Poway Municipal Code Section 15.24.030 "Definitions" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3 of 14
Defensible Space. An area either natural or man made, abutting and/or adjacent to a structure where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of fire spread to provide defense from an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space
ATTACHMENT A
May 20, 2025, Item #2
Ordinance No. 87 4
shall be measured on a horizontal plane and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual.
Hazardous Fire Area. Any geographic area mapped by the State or designated by a the FAHJ as a moderate, high or very high fire hazard area or 1Nhich the FAHJ has determined is a hazardous fire area because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to wildfire.
Heritage Tree. Any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
Highly Flammable Native Vegetation. Species that provide large fuel loads such as sumac, native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
Local Responsibility Area (LRA). Areas in which the financial responsibility of preventing and suppressing fires is the responsibility of the City.
Structure. Includes any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
SECTION 3: Poway Municipal Code Section 15.24.040 "General Precautions Against Fire" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
4 of 14
Section 305.6 is added to read:
305.6 Rockets, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, floating luminaries or similar devices powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas or areas identified as a fire hazard severity zone without prior approval of the fire code official.
Section 324 is added to read:
STORAGE OF FIREWOOD
324.1 Storage of Firewood General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhand. Firewood May 20, 2025, Item #2
Ordinance No. 87 4
stored in the defensible space surround a structure In the very high fire hazard severity zone firewood shall be stored at least 30 feet from any structure, be separated from the crown of any trees by a minimum of 15 feet, measured horizontally, and have a minimum of 10 feet of clearance, down to bare mineral soil. in all directions.
Firewood not for use on the premises shall be stored so as to not pose a fire hazard.
Exceptions:
1.,_ Firewood piles that are completely covered in a fire resistant material are exempt.
Section 325 is added to read:
Section 325 Declaration of Public Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance.
A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal.
Highly flammable native vegetation shall be reduced as described in 4907.4.1.
Section 325.1 is added to read:
Section 325.1 Abatement of Public Nuisance. If the responsible person fails or neglects to abate the nuisance, abatement may be completed in accordance with Section 8. 76 of the Poway Municipal Code.
SECTION 4: Poway Municipal Code Section 15.24.100 "Wildland-Urban Interface Fire Area" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
5 of 14
Section 4904.4 is added to read:
4904.4 Local Responsibility Area Fire Hazard Severity Zones. The City of Poway designates the fire hazard severity zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178.
Section 4904.4.1 is added to read:
4904.4.1 Parcel Identification. Any parcel that is within one or more fire hazard severity zones or is partially included in a fire hazard May 20, 2025, Item #2
6 of 14
Ordinance No. 874
severity zone shall be considered entirely within the most restrictive of the fire hazard zones identified.
Section 4904.4.2 is added to read:
4904.4.2 Display of Fire Hazard Severity Zones and Hazardous Fire Areas. The maps have been duly noticed and posted as required by law and are available for public viewing at the office of the City Clerk or on the City of Poway website.
Section 4907.4 4905.4 is added to read:
4905.4 General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, buildings and structures located within a wildland-urban interface area shall be setback a minimum of 30 feet from property lines and biological conservation and/or open space easements unless the Poway Municipal Code requires a greater minimum or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.
Exception:
1. When the fire code official determines the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official.
2. No other exceptions to the General Fire Setback is permissible except for where local setbacks are pre-empted by State law. the creation of Accessory 01.velling Units and Junior Accessory Dv,elling Units as defined in PMC Title 17.
Section 4907.5 4905.5 is added to read:
4907.5 4905.5 Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.
May 20, 2025, Item #2
7 of
14 Exceptions:
Ordinance
No.
874
Page
7 1.
Structures
constructed
with
a
noncombustible
exterior
wall
adjacent
to
the
slope,
no
openings
adjacent
to
the
slope,
no
combustible
attachments
to
the
exterior
wall
adjacent
to
the
slope,
and
no
roof
eaves
adjacent
to
the
slope.
2. There
exists
no
open
wildland
fuel
area
directly
adjacent
or
juxtaposed
to
the
structure
, and
the
slope
is
directly
adjacent
to
developed
parcels
with
fuel
management
principals
principles
in
place
.
3. The
fire
code
official
determines
the
hazard
to
be
minimal.
Section
4907
.9
4906.3
is
aaaea
modified
to
read:
4907.9
4906.3
. Landscape
Plans
. Landscape
plans
are
required
for
new
residential
developments,
residential
custom
homes,
production
tract
homes,
multi-family
residential,
and
commercial
buildings
in
the
wildland-urban
interface
area.
The
plan
shall
include
development
and
maintenance
requirements
for
the
fuel
modification
zone
adjacent
to
structures
and
roadways,
and
to
provide
significant
fire
hazard
reduction
benefits
for
public
and
firefighting
safety.
Landscape
plans
shall
be
submitted
and
approved
by
the
Development
Services
Department
and
the
fire
code
official
prior
to
the
issuance
of
a
building
permit.
Landscape
plan
submittals
shall
follo•.v
the
submittal
requirements
found
in
the
Landscape
and
Irrigation
Design
Manual
and
shall,
at
a
minimum,
include
a
readable
scale,
the
delineation
of
100
foot
fuel
modification
zones,
the
existing
vegetation,
all
irrigated
areas,
a
plant
legend
with
both
botanical
and
common
names,
and
identification
of
all
plant
material
symbols.
The
fire
code
official
may
expand
or
reduce
the
distance
of
the
fuel
modification
zones
based
on
project
location
, surrounding
vegetation,
and
topography.
Section
4906.3
is
modified
to
read:
4906
.3.1
Contents
.
Landscape
plans
shall
follow
the
submittal
requirements
found
in
the
Landscape
and
Irrigation
Design
Manual
and
shall,
at
a
minimum,
include
:
1. Delineation
of
the
5-foot,
30-foot,
and
100-foot
fuel
management
zones
from
all
structures.
2. Identification
of
the
existing
vegetation
to
remain
and
proposed
new
vegetation
.
3. Identification
of
all
irrigated
areas.
4. A
plant
legend
with
both
botanical
and
common
names,
and
identification
of
all
plant
material
symbols.
5. Identification
of
ground
coverings
within
the
5-foot
and
30-foot
zones
6. A
readable
scale
May 20, 2025, Item #2
8 of 14
Section 4907.10.1 4906.3.2 is added to read:
Ordinance No. 87 4
4907.10.1 4906.3.2 Landscape Installation. All landscaping shall be installed according to the landscape plan prior to final inspection for issuance of a certificate of occupancy.
Section 4907.6 4906.5 is added to read:
Section 4907.6 4906.5 Fuel Modification. A person owning, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person o•Nning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas Within 100-feet from each building or structure, or as determined by the fire code official, all new vegetation shall be planted and all existing vegetation shall be modified as further described below. With the approval of the fire code official, the width of the fuel modification zone may be reduced 1Nhere ignition resistant construction or other mitigation measures are implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the VVildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual.
Fuel Modification Zones.
Zone O "Immediate Zone" from O to 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited.
Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual.
Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual.
Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a May 20, 2025, Item #2
9 of 14
Ordinance No. 874
means of rapidly transmitting fire from the native growth to any structure.
2. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented.
Section 4907.6.1 4906.5.1 is added to read:
Section 4907.6.1 4906.5.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 10 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. +l=le FAHJ has the right to enter a private property to ensure the fuel modification zone requirements are met.
Exception:
The FAHJ may reduce the fuel modification zone if it will not impair access.
Section 4906.5.2 is added to read:
Section 4906.5.2 Inspection. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met.
Section 4907.6.2 4906.6 is added to read:
Section 4907.6.2 1906.6 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a building permit certificate of occupancy, to establish document, with a landscape .P@I1 one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it.
Section 4907.7 4906.6.1 is added to read:
Section 4907.7 4906.6.1 Land Ownership. Once a fuel modification zone has been established under section 4907.6 4906.6, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected.
Section 4907.4 is added to read:
Section 4907.4 Defensible Space. Any person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure that is within a very high fire hazard severity zone or hazardous fire area shall maintain defensible space in accordance May 20, 2025, Item #2
Ordinance
No.
874
Page
10 with
Government
Code
51182
and
California
Code
of
Regulations
Title
14,
Division
1.5,
Chapter
7,
Subchapter
3,
Article
3. Section
4907.4.1
is
added
to
read:
4907.4.1
Highly
Flammable
Native
Vegetation.
Highly
flammable
native
vegetation
shall
only
be
reduced
by
mowing
or
trimming
the
vegetation
to
a
height
of
6 to
12 inches,
leaving
the
plant
root
intact
to
stabilize
the
soil.
Native
vegetation
may
not
be
reduced
by
clearing,
brushing
or
grubbing
and
may
not
be
removed
to
bare
soil.
Native
vegetation
may
not
be
removed
beyond
the
fuel
modification
zone
without
a
permit.
Section
4907.4
.2
is
added
to
read
:
4907.4
.2
Good
Neighbor
/
Neighborhood
Protection.
When
a
structure
is
less
than
100
feet
from
a
property
line
and
hazardous
vegetation
on
an
adjacent
improved
or
unimproved
parcel
is
deemed
to
be
a fire
hazard
to
the
structure,
the
responsible
person
where
the
fire
hazard
exists
shall
be
responsible
for
removing
the
fire
hazard
in
that
area
that
is
within
100
feet
of
the
structure.
The
determination
for
appropriate
clearance
distances
will
be
made
by
the
fire
code
official
based
upon
a
visual
inspection
of
the
parcel
and
shall
consider
all
factors
that
place
the
property
or
structure
at
risk
from
an
approaching
fire.
These
factors
shall
include
local
weather
conditions,
fuel
types,
topography,
and
the
environment
where
the
property
or
structure
is
located.
Section
4907.4
.3
is
added
to
read
:
Section
4907.4.3
Exceptions
. The
following
types
of
vegetation
may
require
an
administrative
clearing
permit
and
shall
not
be
subject
to
reduction
or
removal
pursuant
to
this
chapter
without
the
prior approval
of
the
fire
code
official:
1. Heritage
Trees.
2. Vegetation
within
streambeds,
banks,
and
vernal
pools
.
3. Vegetation
located
within
a
recorded
Biological
Conservation
Easement.
In
the
case
of
vegetation
that
is
within
any
habitat
that
is
required
to
be
removed
pursuant
to
this
chapter shall
be
mitigated
in
kind
by
the
property owner
at
a 1
: 1
ratio
.
SECTION
5:
Poway
Municipal
Code
Section
8. 76
"Defensible
Space,
Vegetation
Management
and
Waste
Accumulations"
is
hereby
amended
as
follows,
with
additions
in
underline,
and
deletions
in
strikethrough:
10 of
14 Chapter
8. 76
"Defensible
Space,
Vegetation
Management
Weed
Abatement
and
Waste
Accumulations"
8.76 .010
Purpose
and
Intent.
May 20, 2025, Item #2
11 of 14
Ordinance No. 874
The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys; a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by clearing highly flammable chaparral vegetation around structures, and the Vegetation Management Program, involving the removal of highly flammable chaparral vegetation and the abatement of weeds and dry grasses.
The public health and safety are also threatened by the accumulation of waste material that is left out in the open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This chapter also provides for the abatement of accumulated waste material that has been determined to be a public nuisance.
The portions of this chapter related to defensible space shall be interpreted and implemented in a manner consistent with the City's Wildfire Defensible Space Program Policy.
8.76.015 Definitions
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Clearing", "brushing", or "grubbing" means the complete removal of vegetation to bare soil and is not a permitted activity to comply with the requirements of this chapter.
"Defensible Space" means an area that is either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated or modified to slow the rate and intensity of an advancing wildfire, and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing, or grubbing, grading or the exposure of bare soil. "Director of Development Services" means the Director of Development Services or his or her designee.
"Fire Marshal" means the Fire Marshal or his or her designee. "Fuel, light" means vegetation consisting of herbaceous plants and round wood less than one-quarter inch in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial grasses and/or weeds.
"Heritage tree" means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
May 20, 2025, Item #2
12 of 14
Ordinance No. 87 4
"Highly flammable chaparral natwe vegetation" means species that provide large fuel loads such as sumac, SGFOO native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not inclµde low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
"Structure" means any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
"Thinning" means the reduction of fuel by methods such as mowing and trimming that leave the plant root intact to stabilize the soil.
Thinning includes the cutting of highly flammable chaparral species to within six to 12 inches of the soil.
"Waste material" means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile;
2. Rubbish, crates, cartons, metal and glass containers;
3. Vehicle bodies and parts.
8.76.020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof or any material question of fact raised in this chapter, that discretion shall lie with the Director of Development Services or Fire Marshal.
8.76.030 Defensible Space
Vegetation.
Highly Flammable Chaparral
A. Declaration of Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, 1Nhich by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.
B. Nuisance Per Se. Any vegetation of a type described in subsection A of this section that is located within 100 feet of a structure shall constitute a public nuisance per so.
May 20, 2025, Item #2
C. Exceptions. The follo•.ving types of vegetation shall not be subject to reduction or removal pursuant to this chapter:
Ordinance No. 874
1. Low flammability plant species, including but not limited to toyon, yucca, and lemonade berry.
2. Ornamental landscaping.
3. Heritage trees.
4. Vegetation 1.vithin streambeds, banks, and vernal pools.
D. Reduction or Removal of Highly Flammable Chaparral
Vegetation.
1. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal. Highly flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing, grubbing or grading.
2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire Marshal may require a defensible space area of less than 100 feet from a
structure. Ho•.vever, in no case shall the required
defensible space area be less than 50 feet from a
structure.
3. In the case of vegetation that is within a recorded
biological conservation easement, any habitat that is
required to be removed pursuant to this chapter shall be mitigated in kind by the property o•.vner at a 1: 1 ratio.
8.76.035 Vegetation management Weed Abatement -Weeds and dry grasses.
8. 76.036 Reduction or Removal of Vegetation.
A. All vegetation which constitutes a public nuisance pursuant to this section shall be removed as determined necessary by the Director of Development Services or Fire Marshal. Native vegetation shall be reduced only by thinning, and not by clearing, brushing or grading.
SECTION 6: The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3) as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.
SECTION 7: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions of or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
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May 20, 2025, Item #2
SECTION 8: This Ordinance shall be codified.
Ordinance No. 87 4
EFFECTIVE DATE: This Ordinance shall take effect and be in force as of July 1, 2025.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 6th day of May, 2025, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 20th day of May, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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