HomeMy WebLinkAboutOrd 2016-3361 ORDINAIvCE NO. 3361
ORDI?�'AI�'CE OF THE CITI' OF CHiTL.A VISTA .APPROVII�G
THE TELEGRAPH CAI�'1'ON DRAII�'AGE CHAI�TI�iEL
UPDATED NEaUS STUDY AND AA4ENDII�'G ORDINANCE
NO. 2384 ACCORDIIvGLY
�1'HEREAS. in 1990. the Cit}' Council enacted Ordinance \'o. 2384. approvine the "Cin�
of Chula Vista, Califomia, Teleoraph Cam�on Drainaee Plan," dated June 6, 1990. �Telegraph
Canvon Drainaee Plan ("Drainaoe Plan`) as the plan for construction of planned local drainaQe
facilities for the Telegraph Can��on Drainage Disvict and establishing the Telegraph Can}�on
Drainage Fee (`TC Drainage Fee `) to fund the construction of the required drainaee facilities
within the Telegraph Canyon Basin. as identified in the Drainaee Plan; and
WHEREAS; the Drainaee Plan �ti�as based upon reeulaton� environmental requirements
and Cih design standards in place at the time of adoption; and
WHEREAS. due to changes in those requirements and standards. certain drainaee
facilities contained in the Drainase Plan cannot be completed as orieinallv contemplated in the
Drainaee Plan and remain to be constructed: and
V�'HEREAS. as a result. it is appropriate to reanalvze and reevaluate the remainino
facilities to be built to ensure their desi�n and construction meets current standards and
regularon� requirements; and �
V�7IEREAS. consistent ���ith Califomia Govemment Code Sections 66000, e� seq., the
Citti� Council recentiv caused a smdv to be conducted to reanalvze and ree��aluate the adequacy
of the existine Telegraph Canyon Channel facilities to accommodate the surface and storm w�ater
runoff resulting from de��elopment of properties �tiithin the Telegraph Cam�on Basin and to
identifi- remaining facilities to be built to serve the same purpose, and benefit the same land. for
N�hich the TC Drainaae Fee N�as collected: and
V�'HEREAS, the studv �aas prepazed bq Atkins I�'orth .America. Inc. and is entitled
"Tele2raph Can��on Channel Nesus Smdy," dated No��ember 24, 201�, (`Updated Nexus
Stud.�'); and
N'HEREAS. the Updated Neaus Stud�� identifies planned drainage improvements to
accomplish, sen�e the same purpose, and benefit the same TC Drainage Fee benefit area
properties as the facilities identified in the orieinal Drainage Plan; and
��'HEREAS_ the Updated Nexus Studv supports, and staff recommends. the use of TC
Drainaae Fees to fund the planned drainage facilities identified in the Updated Nezus Stud��,
N�hich are required to mitieate the impacts of development within the Telegraph Canyon Basin;
and
Ordinance No. 3361
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WHEREAS, the Development Services Director has reviewed the proposed activity for
compliance N�ith the California Environmental Quality Act ("CEQA") and has determined that
the proposed ordinance is not a "Project ' as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review
is required.
NOW, THEREFORE, the Ciry Council of the City of Chu1a Vista does ordain as follows:
Section I. Findings.
The City Council of the City of Chula Vista hereby makes the following
legislative findings and determinations:
A. Development of the Telegraph Canyon Drainage Basin has necessitated the
construction of drainage facilities, as identified in the "City of Chula Vista, Califomia, Telegraph
Canvon Drainage Plan," dated June 6, 1990, and approved by Ordinance No. 2384 (`Drainage
Plan'); the City has been unable to complete certain of those improvements due to changed
circumstances, including design standazds and regulatory requirements.
B. ]n order to complete construction of draina�e facilities necessary to meet the
needs of the Telegraph Canyon Basin, the City has caused an updated study to be prepared by
Atkins North America, Inc., dated November 24, 2015 (the "Updated Nexus Study'), which
identifies facilities to be constructed which serve the same purpose as the original Drainage Plan
and benefit the same properties which were included in the Telegraph Canyon Drainage Fee.
C. The Updated Nexus Smdy, in the form presented and on file in the Office of
the City Clerk, updates the list of planned drainage facilities needed to accommodate
development of the Telegraph Canyon Basin benefit area. The Updated Nexus Study is hereby
approved as the plan for construction of the remaining planned local drainage facilities required
within the Telegraph Canyon Basin.
D. The Updated Nexus Study is consistent with the City's General Plan and will
ensure that increased surface and storm water runoff resulting from or attributable to new
development N�ithin the drainage basin will be removed in a manner which furthers the public
health, safety and welfare. ln addition to participation in the construction of drainage facilities as
set forth in the Study, developers of property within the benefit area will be required to construct
other on and off site drainage facilities as a condition of development pursuant to existing laws
and policies ofthe City.
Section II.Ordinance Amendment.
Ordinance No. 2384 is hereby amended as follows:
A. Section I.B. is amended to read as follows:
"A report entitled; "City of Chula Vista; California,
Telegraph Canyon Drainage Plan," dated .lune 6, 1990,
and on file with the City Clerk, establishes the boundaries
of the Telegraph Canyon Drainage Basin, the boundaries
of the Telegraph Canyon Drainage lmprovement Disvict
and the boundaries of the area of benefit of the Telegraph
Canvon Drainage Improvement, the extent of the
additional drainage facilities needed to accommodate new
Ordinance No. 3361
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development in the Drainaee District and a proposed
allocation of fees to pa�� for the drainaee facilities. The
Telegraph Can}�on Drainaee Plan, is hereb}� appro��ed as
the plan for construction of planned local drainage
facilities for the 7elegraph Can}�on Drainaee District,
including the facilities identified in the �`Telegraph
Cam�on Channel Nexus Smd�." dated No��ember 24.
201>, (`Updated Nexus Smd��')."
B. Section I.C. is amended to add the follo���ina to the end of the section:
"The Updated Nezus Smd�� is consistent ���ith the Cit��`s
General Plan and will ensure that increased surface and
storm ���ater runoff resultine from or attributable to new
de��elopment �i�ithin the drainaee basin �i•ill be remo��ed in
a manner n�hich furthers the public health. safety and
��=elfare. [n addition to participation in the construction of
drainaee facilities as set forth in the Stud}�. de��elopers of
property tiithin the benefit area H�ill be required to
construct other on and off site drainase facilities as a
condition of de��elopment pursuant to existine la«�s and
policies of the Cih�."
C. Section I. D. is hereb�� amended to read as follo���s:
"The development of propem� H�ithin the Teleeraph
Cam�on Drainaee Basin ���ill require the construction of
those drainage facilities described in the Telegraph
Canvon DrainaQe Plan, the Updated I�Te�us Smdy, and
other on and off site drainaee facilities. Properties N�ithin
the Drainase District sho���n in the Drainase Plan benefit
b�� construction of the drainaee facilities set foRh in the
Plan to the extent that pa��ment of the fee and construction
of the drainaee facilities ���ill allo��� the properties to be
de��eloped according to the general plan."
D. Section I.E. is herebv amended as follows:
1. In the first sentence. add ": and the Updated I�'exus Smd��," after the
word "Plan" on the second line:
2. In subsection 1., add ", and the Updated I�e�us Stud�." afrer the word
"Plan` on the second line. and on the eiehth line.
E. Section X. is herebv amended as follows:
In subsection F.. add "and the Updated Nexus Studv" afrer the word
=�Plan."
Ordinance I�o. 3361
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F. Eacept as specifically amended in this ordinance, Ordinance No. 2384 shall
remain in full force and effect.
Section III. California Environmeutal Quality Act Findings for Statutorv
Exemption �
The City Council of the City of Chula Vista does hereby find that the planned drainage
facilities as described in the Study are necessary to maintain service within the Basin. The
proposed activiq� does not involve an}� commitment to any specific "Project" as defined under
Section 15378 of the State CEQA Guidelines which may result in a potentially significant
physical impact on the environment. Therefore, the City finds that the adoption of this ordinance
is statutoril�- exempt under the provisions of CEQA Guidelines Section 15060(c)(3).
Section IV. Time Limit for Protest and Judicial Action
Any judicia] action or proceeding to attack, review, set aside, void or annul this
Ordinance shall be brought within the period as established by law.
Section V. Severability �
If any portion of this Ordinance; or its application to any person or circumstance, is for
an}� reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The Ciry Council of the Ciry of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section VI. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VII. Effective Date
This Ordinance shall take effect and be in force on tl�e thirtieth day afrer its final passage.
Section VII. Publication
The City Clerk shall ceriify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_ _ � -' �� -
Richard . Ho :in len R. Googins / 1
Director of Public 'orks �-ty Attomey ��
Ordinance No. 3361
Pa¢e ?vo. �
PASSED. APPROVED. and ADOPTED b�� the Citv Council of the Cit�� of Chula Vista.
Califomia. this 26th da�� of Januan 2016, b� the follo���ina vote:
AYES: Councilmembers: Asuilar. Bensoussan. McCann. Miesen. and Salas
NAYS: Councilmembers: I�'one
ABSENT: Counciimembers: None
Man� S as. Ma��or
ATTEST:
��
Donna R. Noms, Cn4C. Cit}� Clerk
STATE OF CALIFOR,\ilA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. California� do herebvi certifi- that the foresoine
Ordinance I�'o. 3361 had its first readine at a re�ular meetin� held on the 12th da�� of Januarv
2016 and its second reading and adoption at a regular meetine of said Ciro Council held on the
26th dav of Januam 2016; and ���as dulv published in summan� form in accordance �i�ith the
requirements of state la��� and the Citv Charter.
� � �
Dated Donna R. Noms.. MC. Cirv Clerk