HomeMy WebLinkAboutReso 1990-15512 RESOLUTION NO. 1551 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A REVISED MEMORANDUM OF UNDERSTANDING FOR
NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS BETWEEN
THE COUNTY OF SAN DIEGO AND THE CITIES
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, in July 1989, the City Council adopted Resolution 15207
approving a memorandum of understanding for notification of land use and
development action between the County of San Diego and the cities, and
WHEREAS, since then a number of cities suggested minor revisions to
the MOU which were taken to the SANDAG Task Force, and
WHEREAS, the amendments were approved by the Task Force and are now
being sent back to each jurisdiction for consideration and approval of the
revised agreement, and
WHEREAS, the proposed revisions to the MOU will help clarify and
make the agreement easier to implement and include:
1) Clarification that "discretionary actions" means currently noticed
discretionary actions;
2) Clarification that the required referrals do not include CEQA
exempt projects;
3) A change in the notice area, from the quarter mile from city
boundary to 300 feet from the boundary (this revision is more in
keeping witht"~T~ commonly used 300 feet project noticing such as
the City of Chula Vista uses, and thus will not require a separate
delineation of a quarter mile notice area);
4) A five mile limitation on the distance for noticing the larger,
regionally significant projects (the current MOU had no such
limitation, resulting in notices having to be sent to jurisdictions
far removed from any impacts of the project); and
5) Clarification that the 45 day notice period for regionally
significant projects can be reduced if the State Clearinghouse
approves a shorter, 30 day review period (as provided for in CEQA).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve a revised Memorandum of Understanding for
Notification of Land Use and Development Actions between the County of San
Diego and the Cities, a copy of which is attached hereto and incorporated
herein by reference as if set forth in full.
Resolution No. 15512
Page 2 -
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
be, and he is hereby authorized and directed to execute said agreement for and
on behalf of the City of Chula Vista.
Presented by Approved as to form by
Robert A. Lelter Ruth M. hritsch
Director of Planning Assistant City Attorney
Resolution No. 15512
Resolution No. 15512 Page 3
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of February, 1990 by the following vote:
AYES: Councilmembers: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss, Malcolm
ABSTAIN: Councilmembers: None
· Cox,
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15512 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 13th day of
February, 1990.
Executed this 13th day of February, 1990.
Resolution No. 15512
Page 4
Resolution No. 15512
, ,page 5
MEMORANDUM OF UNDERSTANDING
FOR NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS
BY COUNTY OF SAN DIEGO AND THE CITIES
THIS AGREEMENT is made and entered into by and between each of the Cities of the
San Diego Region, hereinafter called "Cities", and the COUNTY OF SAN DIEGO, a
political subdivision of the State of California, hereinafter called "County";
RECITALS
WHEREAS, Government Code Section 65919.1 states that a county and a city may
agree upon a procedure for referral by the county to the city or by the city to
the county of proposed actions and for comments upon those proposals; and
WHEREAS. Board of Supervisors Policy 1-55 encourages joint land use planning in
spheres of influence and recognizes that the accommodation of both city and
County interests "might involve agreement on land use and circulation systems,
the phasing of development and annexations, facility financing arrangements,
city review of proposed designs/facilities/plans for compatibility with city
standards and/or other planning and fiscal arrangements to address the unique
needs of the sphere territories"; and
WHEREAS, the Board of Supervisors of the County of San Diego has recommended
that all jurisdictions within San Diego County should agree to provide notice,
share i nformati on and solicit comments from adjacent jurisdictions when
development proposals are within a certain proximity of, and/or have impacts on,
surrounding jurisdictions; and
WHEREAS, obtaining early notification of proposed actions. solicitation of
affected jurisdictions' input and resolution of regional issues is beneficial to
all jurisdictions;
AGREEMiNT
NOI4. THEREFORE, the parties agree as follows:
Section 1. County Referral of Proposed Actions to City.
The County shall refer any proposed discretionary action for which the County
currently notices or is required by law to notice regarding land use and
development including General Plan Amendments, zoning amendments, specific
plans, and discretionary development applications to the City when the project
or actions meets any of the following criteria:
a. The proposed project or action is within a City's Sphere of Influence, as
defined by the Local Agency Formation Commission, or is within a City's
designated planniny review areas, as ,,utua]|y defined and ayreed to by the
County and the City; or
b. The proposed project or action is within a one mile radius of a City's
boundary; or
Resolution No. 15512
Page 6 - .... .,
c. The proposed project or action is located within a five (5) mile radius of
a city's boundary, if said project or action permits one of the following
types of regional facilities or has any of the following regional project
characteristics:
Facilities:
o New regional wastewater treatment plants or'solid waste disposal
sites; or
o New airports, transportation centers or light rail transit facilities;
or
o New government centers, university or college campuses, regional
recreation facilities, or criminal justice facilities; or
o Modifications of floodplains which would cause an accelerated flow of
floodwaters or otherwise potentially affect downstream properties
located in adjacent jurisdictions; or
o Modifications or relocations of regional circulation element roads and
highways which would adversely affect their capacity or function; or
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Ouality Act Guidelines:
o residential developments of more than 500 dwelling units;
o shopping centers or business establishments employing more than
1,000 persons or encompassing more than 5nO,O00 square feet of
floor space;
o commercial office buildings employing more than 1,000 persons or
encompassing more than 250,000 square feet of floor space;
o hotel/motel developments of more than 500 rooms;
o industrial, manufacturing, processing plants, or industrial parks
planned for more than 1,000 persons, occupying more than 40 acres
of land, or encompassing more than 650,000 square feet of floor
area.
d. Exclusion Areas. Notwithstanding the above criteria, County referrals
shall not be required for specific geographic areas, projects or actions
which may be exempted in writing by a City otherwise entitled to receive
the notice. Co__unty referrals shall not be required for discretionary
actions that are exempt from the California Environmental Quality Act.
Section 2. City Referral of Proposed Actions to County.
A City shall refer any proposed discretionary action for which the City
currently notices or is required by law to notice regarding land use and
development, including General Plan Amendments, zoning amendments, specific
plans and discretionary development applications to the County when the proposed
project or action meets any of the following criteria:
Resolution No. 15512
Page 7
- 3 -
a. The proposed project or action is located within three hundred feet (300')
a-~ea~e~-m~e of the nearest boundary between the City and the County; or
b. The proposed project or action permits one of the following types of
regional facilities or has any of the following regional project
characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
sites; or
o New airports, transportation centers or light rail transit facilities;
or
o New government centers, university or college campuses, regional
recreation facilities, or criminal justice facilities; or
o Modifications of floodplains which would cause an accelerated flow of
floodwaters or otherwise potentially affect downstream properties
located in adjacent jurisdictions; or
o Modifications or relocations of regional circulation element roads and
highways which would adversely affect their capacity or function; or
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Quality Act Guidelines:
o residential developments of more than 500 dwelling units;
o shopping centers or business establishments employing more than
1,000 persons or encompassing more than 500,000 square feet of
floor space;
o commercial office buildings employing more than 1,000 persons or
encompassing more than 250,000 square feet of floor space;
o hotel/motel developments of more than 500 rooms;
o industrial, manufacturing, processing plants, or industrial parks
planned for more than 1,000 persons, occupying more than 40 acres
of land, or encompassing more than 650,000 square feet of floor
area.
c. Exclusion Areas. Notwithstanding the above criteria, City referrals shall
not be required for specific geographic areas, projects or actions which
may be exempted in writing by the County. City referrals shall not be
required for discretionary actions that are exempt from the California
Environmental Ouality Act.
SectiOn 3. City Referral of Proposed Actions to Another City.
A City shall refer any proposed discretionary action regarding land use and
development, including General Plan Amendments, zoning amendments, specific
plans and discretionary development applications to the appropriate city when
the proposed project or action meets any of the following criteria:
Resolution No. 15512
Page 8 -.
a. The proposed project or action is located within three hundred feet (300')
a-~a~%e~-m~e of the adjacent city's boundary; or
b. The proposed project or action is located within an area where two or more
City Spheres of Influence overlap; or
c. The proposed project or action is located within.a five (5) mile radius of
another City's boundary, if said project or action permits one of the
following types of regional facilities or has any of the following regional
project characteristics:
Facilities:
o New regional wastewater treatment plants or solid waste disposal
sites; or
o New airports, transportation centers or light rail transit facilities;
or
o New government centers, university or college campuses, regional
recreation facilities, or criminal justice facilities; or
o Modifications of floodplains which would cause an accelerated flow of
floodwaters or otherwise potentially affect downstream properties
located in adjacent jurisdictions; or
o Modifications or relocations of regional circulation element roads and
highways which would adversely affect their capacity or function; or
Characteristics:
o Projects having regional characteristics as defined in Section
15206(b)(2) of the California Environmental Quality Act Guidelines:
o residential developments of more than 500 dwelling units;
o shopping centers or business establishments employing more than
1,000 persons or encompassing more than 500,000 square feet of
floor space;
o commercial office buildings employing more than 1,000 persons or
encompassing more than 250,000 square feet of floor space;
o hotel/motel developments of more than 500 rooms;
o industrial, manufacturing, processing plants, or industrial parks
planned for inure than 1,000 persons, occupying more than 40 acres
of land, or encompassing more than 650,000 square feet of floor
area.
d. Exclusion Areas. Notwithstanding the above criteria, City referrals to
another City shall not be required for specific geographic areas, projects
or actions as may be exempted in writing by the City otherwise receiving
the notice. City referrals shall not be required for discretionary actions
that are exempt from the California Environmental Ouality Act.
Resolution No. 15512
page 9
- 5 -
Section 4. Review and Comment by Affected City or County.
The referral shall be directed to the City's or County's Planning Department,
unless otherwise designated. For any General Plan Amendment, Zone
Reclassification, Specific Plan application or amendment, or for any project of
regional significance as set forth by Sections 1{c), 2(h) or 3(c}, the affected
City or County shall have not less than forty-five {45) days from the date the
referral of the proposed project or action is mailed, unless the State
Clearinghouse approves a thirty (30) day review period, e~-s~e~-~engeP-~me-as _
may-be-speei~ied-I~y-~e-~e~e~P+n§-ageeey~ to review, comment and make
recommendations in writing on the consistency of the proposed project or action
with the affected City or County General Plan, specific plans, and Zoning
Ordinance. For all other discretionary actions regarding land use and
development, the affected city or County shall be provided notice of the local
hearing(s) on said action, and shall have the same time to review and comment as
set forth in the public notice requirements of the referring City or County.
Section 5. Consideration of Comments.
The Cities and the County shall coordinate on the review of certain
discretionary actions regarding land use and development and shall provide
adequate opportunity for comment. If the affected City or County provides
comments and recommendations within the established time limits, the
decision-making body shall consider said comments and recommendations prior to
taking action. Upon request, the decision-making jurisdictions shall, prior to
the public hearing, provide the commenting agency with the staff report or other
appropriate document(s) which contain the consideration of comments received
during the review period.
Section 6. Failure to Receive or Consider Referral.
The failure of any jurisdiction to provide a referral pursuant to this
Agreement, or failure to consider the comments received on a referral, shall not
constitute grounds for any court to invalidate the actions of the local agency.
Section 7. Term of Agreement.
This agreement shall be effective as to any individual party upon that party's
approval. It is mutually understood and agreed that this Memorandum of
Understanding may be terminated by any of the participating jurisdictions with
regard to their individual participation upon ninety days of written notice to
all other parties hereinafter signed.
* IN WITNESS THEREOF, the parties have entered into this Agreement by the
resolutions and on the dates set forth below:
CITY OF CARLSBAD CITY OF CHULA VISTA
Resolution Resolution 15512
Date Date 2/13/90
Resolution No. 15512
Page 10 ..
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CITY OF CORONADO CITY OF gEL MAR
Resolution Resolution
'Date - Date
CITY OF EL CAJON CITY OF ENCINITAS
Resolution Resolution
Date Date
CITY OF ESCONDIDO CITY OF IMPERIAL BEACH
Resolution Resolution
Date Date
CITY OF LA MESA CITY OF LEMON GROVE
Resolution Resolution
Date Date
CITY OF NATIONAL CITY CITY OF OCEANSIDE
Resolution Resolution
gate Date
CITY OF POWAY CITY OF SAN DIEGO
Resolution Resolution
Date Date
CITY OF SAN MARCOS CITY OF SANTEE
Resolution Resolution
Date Date
CITY OF SOLANA REACH CITY OF VISTA
Resolution Resolution
Date Date
COUNTY OF SAN DIEGO
Resolution
Date
CRESTO;C/C/ATTACHRC;sv