The URL can be used to link to this page

Home My WebLink About2012/01/10 Item 06CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF --~- CHULAVISTA January 10, 2012 Item - ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE RELATING TO GRADING PERMITS WITHIN TIDALLY INFLUENCED AREAS. SUBMITTED BY: ASSISTANT CITY MANAGE-DIRECTOR OF DEVELOPMENT SERVICES REVIEWED BY: CITY MANAGER~7" ~~~~~~////// 4/STHS VOTE: YES ^ NO SUMMARY On May 3, 2011, Council directed staff to implement climate adaptation strategies recommended by the Climate Change Working Group. One strategy (Strategy #10) was to ensure that developments adjacent to the bay could accommodate future sea-level rise. This amendment of the grading ordinance implements that strategy. ENVIRONMENTAL REVIEW The Enviromnental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists an ordinance revision, not an actual project, and will not result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the ordinance. DISCUSSION The City's Climate Change Workin¢ Group (CCWG) The CCWG met over a 12-month period in 13 public meetings and forums to recommend strategies for the City to prepare and adapt for changes in the climate such as hotter and drier weather, diminished imported water supplies, lower air quality, heat waves, additional wild fires, shifts in habitats and sea level rise. The eleven strategies related to energy and water supplies, public health, 6-1 Item No.: ~~ Meeting Date: 01-10-12 Page 2 of 3 wildfires, biodiversity, coastal resources, and the local economy are listed below: Strategy #1- Cool Paving Strategy #2 - Shade Trees Strategy #3 - Cool Roofs Strategy #4 - Local Water Supply & Reuse Strategy #5 - Storm Water Prevention & Reuse Strategy #6 - Education & Wildfires Strategy #7 - Extreme Heat Plans Strategy #8 - Open Space Management Strategy #9 - Wetlands Preservation Strategy #10- Sea Level Rise & Land Development Codes Strategy #1- Green Economy The proposed changes to the grading ordinance implement Strategy #10 and will assist in preparing the City for sea level rise. The changes are designed to be flexible so that as new climate change data and modeling become available our development requirements can be refined. For example, the proposed change to the grading ordinance adds section 15.04.175(D): All plans prepared for tidally influenced areas shall be designed to accommodate 50 years of sea level rise. The City Engineer shall revise the Subdivision Manual every 5 years to define the anticipated sea level rise and set forth the minimum requirements for accommodation. Finally, the proposed ordinance helps implement some of the priority strategies identified in the recently-completed "Sea Level Rise Adaptation Strategy for San Diego Bay," which was a comprehensive, joint planning effort between the five bayfront cities, the .San Diego Unified Port District, the San Diego County Regional Airport Authority, and community stakeholders. Current Projections of Sea Level Rise Current projections of expected sea level rise are approximately 16 inches by 2050. The California State Lands Commission recommends that new coastal development projects consider the implications of 16" of sea level rise by 20501 and the Army Corps also gives guidance2 for sea level rise to be modeled in every coastal activity as far inland as the extent of tidal influence. These projections are in line with the 2009 California Climate Adaptation Strategy, a report prepared in response to the Governor's Executive Order S-13-2008. The area most affected by potential sea level rise in Chula Vista is included within the Bayfront Master plan which has been designed for 16 inches of sea level rise in the current certified EIR. PROCESS STREAMLINING OVERSIGHT COMMITTEE All the changes proposed herein have been reviewed by the Process Streamlining Oversight Committee and are recommended for approval. ~ Sea Level Rise Preparedness Report; Dated February 3, 20]0, File number W26379 Z Water Resource Policies And Authorities Incorporating Sea-Level Change Considerations In Civil Works Programs, US Army Corps Circular No. 1765-2-211, Dated July 1, 2009 6-2 r Item No.: ~- Meeting Date: 01-10-12 Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable. CURRENT YEAR FISCAL IMPACT Staff time associated with this amendment to the Grading Ordinance is not directly recoverable from the development community, however, fees charged to the development community include overhead costs of which updating policies is an element. The Development Services Fund is a stand-alone fund from the general fund and, as such, the general fund will not be adversely impacted with this activity. ONGOING FISCAL IMPACT The changes proposed herein are designed to create sustainable developments so that the general fund is not adversely impacted in the long run. The potential cost savings of not having to retrofit public improvements for a higher sea level elevation in the long run could run into the tens of millions of dollars. Prepared by: Tom Adler, Development Services Department H. IPLANNINGIAgenda's and Resos -most up to date version12011112-/31Agenda Statement -Sea Level Rise.doc 6-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE RELATING TO GRADING PERMITS WITHIN TIDALLY INFLUENCED AREAS WHEREAS, the City's Climate change working group met over a 12 month period with 13 public meetings to recommend eleven strategies to prepare and adapt-for changes in the climate; and, WHEREAS, on May 3, 2011, Council directed staff to implement the eleven strategies, where feasible; and WHEREAS, Strategy #10 was to develop policy and land development codes for sea- level rise; and WHEREAS, it is Council's intent to have a flexible sea-level rise adaptation strategy to take advantage of refined data and modeling as it becomes available. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows I. The Municipal Code shall be amended to add Section 15.04.175(D) stating: All plans prepared for tidally influenced areas shall be designed to accommodate 50 years of sea level rise. The City Engineer shall revise the Subdivision Manual every 5 years to define the anticipated sea level rise and set forth the minimum requirements for accommodation. II. This amendment to Ordinance 3163 shall take effect 30 days after its second reading and approval. Presented by: Gazy Halbert, P.E. AICP Assistance City Manager/ Development Services Director 6-4 City Attorney