HomeMy WebLinkAbout2019-12-03 Agenda Packetw
Mary Casillas Salas, Mayor
I declare under penalty of perjury that I am employed
by the City of Chula Vista in the office of the City Clerk
and that I posted the document according to Brown Act
requirements.
Dated:
CITYr
in OF
CHULA VISTA
John McCann, Councilmember - District 1 Gary Halbert, City Manager
Jill M. Galvez, Councilmember - District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember - District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember - District 4
Tuesday, December 3, 2019 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 19-0534 PRESENTATION
REGARDING THE
PROGRAM
BY DR. EMERALD
2019 CHRISTMAS
RANDOLPH
IN OCTOBER
B. 19-0562 PRESENTATION OF A PROCLAMATION COMMENDING
KATELYNN STEGALL FOR HER OUTSTANDING
JOURNALISM CAREER AT SOUTHWESTERN COLLEGE
City of Chula Vista Page 1 Printed on 1112712019
City Council Agenda December 3, 2019
CONSENT CALENDAR (items 1 - 6)
The Council will enact the Consent Calendar staiIIf recommendations by one motion, witho
discussion, unless a Councilmember, a member of the public, or staff requests that an item b
removed for discussion. If you wish to speak on one of these items, please fill out a "Reque.1-
to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Item
pulled from the Consent Calendar will be discussed immediately following the ConseI
Calendar. I
11 iw� 111 1111
lot Ism L
Memorandum from Deputy Mayor Padilla requestingi an
excused absence from the November 5, 2019 City Council
meeting.
Recommended Action: Council excuse the absence.
2. 619-0550 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE CHAPTER 14.187 F'LOIODIPLAIN
REGULATIONS, TO INCORPORATE VARIOUS
ADMINISTRATIVE REVISIONS NECESSARY FOR THE
CITY TO REMAIN IN COMPLIANCE WITH THE CODE OF
FEDERAL REGU!LATIOINS AND REMAIN IN THE, NATIONAL
FLOOD INSURANCE PROGRAM (SECOND READING AND
ADOPTION)
Department: Engineering Department
Environmental Notice: The activity is not a "Project"' as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the ordinance.
3. 619-0528 INVESTMENT REPORT FOR THE QUARTER ENDED
SEPTEMBER 3o, 20119
Department: Finance Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore, pursuant to
State Guidelines Section 150601(c)(3) no environmental review is reqluired.
Recommended Action: Coulnicil receive the report.
City of Chula Vista
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City Council Agenda December 3, 201
4. 19-0527 A. RESOLUTION
OF' CU L.A
COMPETITIVE
AWARDING A
BETWEEN THE
PROVIDE ON
SERVICES
OF THE CITY COUNCIL OF THE CITY
VISTA ACCEPTING BIDS; WAIVING
BIDDING REQUIREMENTS;
COMPETITIVECONTRACTOR SERVICES AGREEMENT
CITY AND AZTEC LANDSCAPING, INC. TO
CALL OPEN SPACE LANDSCAPING
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA ACCEPTING BIDS; WAIVING
REQUIREMENTS;
AWARDING A CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY AND A ENVIRONMENTAL
MANAGEMENT & LANDSCAPING TO PROVIDE ON CALL
O
COMPETITIVEC. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA ACCEPTING BIDS; WAIVING
REQUIREMENTS;
AWARDING A CONTRACTOR SERVICES AGREEMENT
BETWEEN AND HELIX
CONSTRUCTION GROUP, INC., TO PROVIDE ON CALL
O
COMPETITIVED. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA ACCEPTING BIDS; WAIVING
REQUIREMENTS;
AWARDING A CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY AND URBAN CORPS OF SAN DIEGO
COUNTY TO PROVIDE ON CALL OPEN SPACE
LANDSCAPING SERVICES
Department: Public Department
Environmental Notice: The Project qualifies for a. Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 153+ 4 Class (Minor
Alterations to (Land) and Section 15301 Class 1 (Existing facilities).
Recommended Action: Council adopt the resolutions.
City of Chula Vista
Page 3
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City Council Agenda December 3, 201
A
19-0549 A. RESOLUTION OF
OF' CHULA VISTA
LICENSE FEE
THE CITY COUNCIL OF THE CITY
AMENDING TNI CITY -INITIATED TOW
E. RESOLUTION OF THE CITY COUNCIL CSF THE CITY
OF' CHUA VISTA AMENDING THE CITY -INITIATED TOW
AND STORAGE RATE SCHEDULE
Department.: Police Department
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore„
pursuant to State Guidelines Section 1 060(c)() no environmental
ireview is required.
Recommended Action: '!council adopt the resolutions.
19-0554 RESOLUTION OF THE TTY" COUNCIL OF THE CITY OF
CHULA VISTA: A AMENDING RESOLUTION NO. 2019-1916
CALLING A GENERAL ELECTION TO BE HELD ON (IARC
3, 2020; (B) CARD INCS SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A MEASURE TO REPEAL AND
REPLACE CHULA 'VISTA MUNICIPAL CODE CHAPTER
2.59; CAUTHORIZING, THE MAYOR TO SUBMIT BALLOT
ARGUMENTS IN FAVOR OF THE MEASURE; AND (D)
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURE; AND (E)
APPROPRIATING FUNDS ACCORDINGLY 4/5 'VOTE
REQUIRED)
Department. City Attorney
Environmental Notice The activity is not a "Project''" as defined under Section 15378 of the
California (Environmental Quality Act State Guidelines; therefore, pursuant to
Mata Guidelines Section 15 01(c) ) no environmental review is required.
Recommended Action: '!council adopt the resolution.
Persons speaking during Public Comments may address the Council on any subject matte
within the Council's jurisdiction that is not listed as an itemi on the agenda. State law genera
prohibits the Council from discussing or taking action on any issue not included on the agenda
but, if appropriate,, the Council ,future discussion
City of Chula Vista
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2019-12-03 Agenda Packet Page 4 of 223
City Council Agenda December 3, 201
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the council and
are expected to elicit discussion and deliberation.. if you' Irish to speak on any item, please fill
out a "Request to Speak" form `available in the lobby) and submit it to the City clerk ,prior to the
meeting.
?". 19-0542 CONSIDERATION OF AMENDING THE CAPITAL
IMPROVEMENT PROGRAM BUDGET FUNDED BY THE
MEASURE P SALES TAX; AMENDING THE
INFRASTRUCTURE, FACILITIES, AND EQUIPMENT
EXPENDITURE PLAN; AND MAKING; VARIOUS
AMENDMENTS TO THE CIP PROGRAM BUDGETS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2019/20
CAPITAL IMPROVEMENT PROGRAM BUDGET BY
ESTABLISHING NEW CIP PROiECT: "FIRE STATION
DOOR REPLACEMENT -CITYWIDE (MEASURE P);)y
AMENDING THE INFRASTRUCTURE, FACILITIES, AND
EQUIPMENT EXPENDITURE P'LA�N TO INCLUDE SAID
PROiECT; AND AMENDING THE FISCAL YEAR 2:019/20
CIP PROGRAM BUDGETS TO APPROPRIATE FUNDS
THEREFOR (4/5 VOTE REQUIRED)
Department:
rr Department
Environmental Notice: Thee Project qualifies for a categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing)
Facilities), Section 15302 class 2 (Replacement or Reconstruction),
Section 15303 class 3 (Neva construction or conversion of Small
Structures), Section 15304 class 4 (Minor Alterations to (Land, Section
15,332 class 32 (In -Fill Development Projects), and Section 15061 (b)(3).
Recommended Action: Council adapt the (resolution.
8. 19-0543 A RESOLUTION N CSF THE CITY COUNCIL CSF THE CHIT'"
OF' CHU A VISTA APPROVING THE AMENDED MEASURE
A PUBLIC SAFETY EXPENDITURE PLAN; AMENDING THE
FISCAL YEAR 2019120 OPERATING BUDGET FOR 'THE
MEASURE A SALES TAX FUN[ FOR MEASURE A SALES
TAX REVENUES AND EXPENSES; AND AMENDING THE
FISCAL YEAR 2019/20 GENERAL FUND OPERATING
BUDGET FOR SAFER GRANT REIMBURSEMENTS AND
FIRE ACADEMY EXPENSES (4/5 'VOTE REQUIRED)
City of Chula Vista Page 5 Printed on 97/27/2019
2019-12-03 Agenda Packet Page 5 of 223
City Council Agenda December 3, 2019
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHULA VISTA AMENDING THE AUTHORIZED
POSITION COUNT FOR THE POLICE AND FIRE
DEPARTMENTS WITH A NET: INCREASE IN AUTHORIZED
STAFFING (4/5 VOTE: REQUIRED)
Department: Police & Fire Departments
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; thereforel pursuant to
State Guidelines Section 150601(c)(3) no environmental review is required.,
RecommendedAction.- Council adopt the resolutions.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
91. 19-0034 APPOINTMENT OF CITY COUNCILMEN ERS
OUTSIDE AGENCIES:
City of Chula Vista
Page 6
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City Council Agenda December 3, 2019
10. `19-0540 APPOINTMENT OF DEPUTY MAYOR
a
CITY ATT'ORNEY'S REPORT'S
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council meeting at the City Attorney's office in accordance with the
Ralph M. Brown Act (Government Code 54957.7).
11. .19-0552 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to Government
Code, Section 54956.9d)(2) [or](3):
City of Chula Vista
Vne [1 ] Case; William Knight, City of Chula Vista Claim
Number CV20006
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2019-12-03 Agenda Packet, Page 7 of 2,2.3
City Council Agenda December 3, 2019
F."I 0 111�� III i i
to the regular City Council meeting on December 10, 2019, at 5.-00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open -session item on this agenda are available for
public review at the City Clerk's Office, located In City Hall at 276 Fourth Avenue, Building A, during
wratpV�rwshfress jiol
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at (619)
691-5041 (Califomia Relay Service is available for the heafing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U -verse channel 99 (throughout the County), on Cox Cable channel 24 (oinly in Chula Vista),
and online at www.chulavistaca.g,ov. Recorded meetings are also aired on Wednesdays at, 7 p.m. (both
channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email nocations when City Council agendas ail
published onfine. I
City of Chula Vista
2019-12-03 Agenda Packet,
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Page 8 of 223
*kz
AWL Adlwkh�
144W IRIMP,
ana
CHUIAVISTA
M i
ayor and City Council
City of'Chula Vist�a
276 F'olurth Avenue
Chula Vista, CA 91�9110
(619) 691 -5044
(619) 476-5379 FAX
DATE: November 191 2019i
TO* Mayor and Councilmernberl
CC City Manager, City Cl&k, City Attomey
41
FROM* Stephen C., Padilla, Councilmember
a
SUBJECT, Request for Exciused Absence
Please, excuse my absence firom the City Council meeting on November 5, 2019. 1 was unable to
attend due to illnessteat day.
Steve Padilla,
:��#uncl'41ern.
2019-12-03 Agenda Pack,% -,+L Page 9 of 223
ITY COUNCI
UPON AL
STATLMENI
CITY 01F
CH�ULA VISTA
File is
19-0550
In"FLE I
ORDINANCE OFTHE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 14i.18, FLOODiPLAIN
REGULATIONS., TO INCORPORATE VARIOUS ADMINISTRATIVE REVISIONS NECESSARY FOR THE CITY TO
Tt),E11AIIJ IIJ CO'UPLIA ftWt%,k0LWV
I a well] )a ■ ■ numommot HMMEBW
RECOMMENDEDACTION
Council adopt the ordinance=
The City's Floodplain Regulations, Chapter 14.18 of the Municipal Code, requires revisions necessary to
meet the minimum requirements of the Federal Emergency Management Agency allowing the City to
remain in the National Flood Insurance Program.
ENVIRONMENTAL REVIE,W
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity 'is not a "Project Py as
defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c (3) of
the State CEQA Guidelines the activitylis not subject to CEQA. Thus, no environmental review is necessary.
Future development proposals subject to the proposed reulations will be subject to environmental revie
gw
pursuant to the provisions of CEQA.
BOARD/COMMISSIOIN/COMMIT : TEE RECOMMENDATIO
Not applicab:le I
The City s oriinal Floodplain Regulations (Municipal Code Chapter 18.54) were adopte
gd by City Council on
November 14, 1978. Ordinance 1842 amended the Chula Vista Flood Management Program of: 1970,
bringing it into compliance with the National Flood Insurance Program (NFIP) Rules and Regulations of:
that time. Since then, the City adopted several Ordinances to update the Floodplain Regulations in order to
remain in compliance with theOn December 11, 2007, Ordinance 3097 recodified the Floodplain
Reulations to Municipal Code Chapter 14.18
g .
01 P a g e
2019-12-03 Agenda Packet, Page 10 of 223
On June 20, 2019, the City received notification from the Federal Emergency Management Agency (FEMA)
that amendments to the City's Floodplain Regulations are necessary to remain in compliance with the Code
of Federal Regulations (CFR) Chapter 601.3(d and e) which allows the City to remain in the NFIP. Staff from
the Federal Insurance and Mitigation Administration of FEMA provided City staff with a list of
administrative edits to the City's' Floodplain Regulations (Attachment 2) that if adopted, would satisfy the
requirements of CFR Chapter 60.3 (d and e). The City Attorney's office reviewed the administrative edits
and approved the revisions to Municipal Code Chapter 18.54.
On September 16, 20119, the City received a follow-up notification from FEMA that a new Flood Insurance
Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for our community and will
become effective on December 20, 2019. The statutory 90 -day appeal period was inated on Novembier 1,
2017 when FEMA published a notice of proposed Flood Hazard Determinations affecting the FIRM for thit
community in the San Diego Union Tribune and The Star -News. Per Floodplain Regulations - Chapter
14-18-030, all subsequent amendments to the FIS and FIRM are hereby adopted by reference and declared
to be part of this title; therefore, no adonal action is needed.
%City staff recommends that Council adopt the resolution approvinchanges to the City' s Floodpla
g i
Regulations and placing the ordinance on first reading.
DECISION -MAKER CONFLIC'I"
Staff has reviewed a` contemplated by this action and has determined that it is not site-specific'
and consequently, the real property holdins of the City Council members do not create a disqualifying rea
gl
property- related financial conflict of 'Interest under the Political Reform Act (Cal. Govt Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decisionmaker conflict of interest in this matter.
CURRENT -YEAR. FISCAL IMPACT
There will be no direct fiscal impact to the General Fund due to this ordinance amendment.
ONGOING FISCAL IMPAC 1117
There will be no ongoing fiscal impact to the General Fund due to this ordinance amendment.
ATTACHMENTS
I. FEMA Letter - dated June 20i, 2019
2. Updated Municipal Code 14.18
3. FEMA Letter -dated September 16,2019
2019-12-03 Agenda Packet,
ORD11"AACE OF TAE CITY OF C&RLA VISTA ATTfE1,D11G
MUNICIPAL CODE CHAPTER 14.18, FLOODPLAIN
REGULATIONS, TO INCORPORATE VARIOUS
ADMINISTRATIVE REVISIONS NECESSARY FOR THE CITY
i" IN COMPLIANCE WITH THE CODE OF FEDERAL
REGULATIONS AND REMAIN IN THE NATIONAL FLOOD
111111, mil� 1111111,
WHEREAS, the City's original Floodplain Regulations (Municipal Code Chapter 18.54
were adopted by City Council on November 14, 1978. Ordinance 1842 amended the Chula Vist;
Flood Management Program of 1970, bringing it into compliance with the National Fl000.
Insurance Program (NFIP) Rules and Regulations of that time; and
WHEREAS, the City adopted several Ordinances to update the Floodplain Regulations
order to remain in compliance with the NFIP. On December 11, 2007, Ordinance 3 097 recodifie(rr
the Floodpilain Regulations to Municipal Code Chapter 14.18; and
WHEREAS, on june 20, 2019, the City received notil'ication from the Federal Emergenc
Management Agency (FEMA) that amendments to the City's Floodplain Regulations, ar
necessary to remain in compliance with the Code of Federal Regulations (CFR) Chapter 60.
which allows the City to remain in the NFIP; and I
WHEREAS, on September 16, 2019, the City received a follow-up notification fro
FEMA that a new Flood Insurance Study (FIS) and Flood insurance Rate Map (FIRM) have bee
completed for our community and will become effective on December 20, 20119; and
WHEREAS, per Floodplain Regulations - Chapter 14.18i.030, all siftsequent amendmentg
to the FIS and FIRM are hereby adopted by reference and declared to be part of this title; therefore,
no additional action is needed; and
M41 mone I re AM
Section 1. Chapter 14, Section 14.18 (Floodplain Regulations) is amended to read as
follows:
14.18.010101 Statutory.Authorization.
The Legislature of the S,tate of California has in Government Code Sections 65302, 65560, and
65800 conferred upon lo�cal governments, the authority to adopt regulations designed to promote
the public health, safety, and general welfare or its citizenry. Therefore , the City of Chula'Vista of
San Diego County does, hereby adopt the following floodplain management regulations.
14.18.010 Purpose and intent,
A. The flood areas of the City of Chula Vista could be subject to periodic inundation that
could result in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare. These flood losses could be caused by land uses that are inadequately elevated,
2019-12-03 Agenda Packet, Page 12 of 223
floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities also contribute! to flood losses.
B. In order to participate in the Federal Flood Insurance _rrograrn (National Flood Disaster
Protection Act of 1973), the City must adopt regulations controlling the development of property
within identified floodplains pursuant to the direction of said Act. he Building Official and the
City Engineer are therefore assigned certain added responsibilities, and they are authorized and
directed to enforce all the provisions of this chapter.
C. It is the purpose of this chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas, of special flood hazard-,
6. Help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future blighted areas caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special flood hazard;
and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions. (Ord. 321. o, 201.1; Ord. 3097, 2007).
14.18.020 Lands to which this chapter applies.
The provisions of this chapter shall apply to all areas of special flood hazards (SF'HAs) within the
jurisdiction of the City of Chula Vista. (Ord. 3210, 2011; Ord. 3097, 2007).
14.18.030 Basis for establishing the areas of special flood hazards.
A. The areas of special flood hazards identified by the Federal insurance Administration (FIA)
of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated
June 19, 1997, and accompanying Flood insurance Rate Maps (FIRMs) and Flood Boundary and
Floodway Maps (FBFMs), dated June 19, 1997, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be part of this title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council by the City Engineer. The study and Flood Insurance Rate Maps
are on file at the City Public Services Building at 276 Fourth, Avenue. (Ord. 3210, 2011 - Ord.
3iO9i7� 2007).
14.18.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions
2019-12-03 Agenda Packet, Page 13 of 223
A. Restrict or prohibit uses which are dangerous to health, safety, and pro erty due to water
or erosion hazards 1 1 0 0
,, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, b
protected against flood damage at the time of ial construction; i
C. Control the alteration of natural floodpilains, stream channels, and natural protective
barriers which hel accommodate or channel flood waters;
I p I
D. Control filling, grading, dredging, and other development which may increase flood
damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floo
waters or which may increase flood hazards in other areas. (Ord. 3210, 2011; Ord. 3097, 2007). 1
14.18.050 Compliance.
No structure or land shall be constructed, located, extended, converted, or altered without full
compliance with the terms of this chapter and other applicable regulationsi. Violation of the
requirements (including violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the City from
taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 3210, 2011;
Ord. 3097,2007).
14.18.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions, shall prevail.
(Ord.
321012011; Ord. 3097, 2007).
14.18.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as minimum
requirements, liberally construed in favor of the governing body; and deemed neither to limit nor
repeal any other powers granted under state statutes. (Ord. 3210, 2011; Ord. 3097, 2007).
14.18.0 80 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on. rare occasions. Flood heights may be increased by manmade or natural causes. This
chapter does not imply that land outside the areas of the SFHAs or uses permitted within such
SFHA.s will be free from flooding or flood damages. This chapter shall, not create liability on the
part of the City, or any of its elected or appointed officials, officers, or employees, the state of
California, the Federal Insurance Administration, or the Federal Emergency Management Agency,
2019-12-03 Agenda Packet, Page 14 of 223
for any flood damages that result from reliance on this chapter or any administrative decision
lawfully made pursuant to this chapter. (Ord.
321 O 2011; Ord. 3097, 2007).
14.18.090 Severability.
This chapter and its various parts are declared to be severable. Should any section of this chapter
be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the chapter as a wholel or any portion other than the section so declared to be unconstitutional
or invalid. (Ord. 3210, 2011 - Ord. 3 097, 2007).
14.18.100 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted
so as to give them the same meaning as they have in common usage so as to give this chapter its
most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is, solely for the parkin
of no more than two cars; or limited storage (small, low cost sheds). I
"Appeal"' means a request for a review of the Floodplain Administrator's or Buildin
Official's interpretation of any provision of this chapter. I
C. "Base flood" means a flood which has a one percent chance of being equaled or exceeded
in any given year (also called the I 00 -year flood).
D. "Base flood elevation (BiFE)�" means the water ® level of a watercourse or waterbody
referenced to an established datum, that corresponds to a flood event that has, a one percent chance
of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor subgrade (below ground level)
on all, sides.
F. "Development" means any martmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, or drilling operations,or, stor�age of equia,pment or materials.
G. "Elevation certificate" means a document of the National Flood Insurance Program (NFIP)
used to provide elevation information necessary to ensure compliance with community floodplain
management ordinances, to determine the proper insurance premium rate, and to support a request
for a Letter of Map Amendment or Revision (LOMA or LOM R -F).
H. "Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed before
November 14, 1978.
2019-12-03 Agenda Packet, Page 15 of 223
I. "Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites in an existing manufactured home park or subdivision by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed (including the
installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
J. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain that may impede or alter the flow
capacity of a floodplain.
K. "Flood" means a temporary rise in a stream's flow or stage that results in water overflowing
its banks and inundating areas adjacent to the channel, or an unusual and rapid accumulation of
runoff or surface waters from any source.
F -JO "Floodproofing" means any combination of structural and nonstructural additions -
changes, or ad ustments to structures which reduce or eliminate flood damage to real estate o
i
improved real property, water and sanitary facilities, structures and their contents.
M. "Flood Boundary and Floodway Map (FBFM)" means the official map on which th
Federal Emergency Management Agency or Federal Insurance Administration has delineated bot
the areas of special flood hazards and the floodway. I
N. "Flood Insurance Rate Map (FIRM)" means the official map on which the Feder
Emergency Management Agency or Federal Insurance Admstration has delineated both tb
1
areas of special flood hazards and the risk premium zones applicable to the community.• 1
0. "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
P. "Floodplain" or "flood -prone area" means any an area susceptible to being inundated by
water from any source. See "Flood."
rOMMINO 317"10� Mnm
R. "Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in. the floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
S. "Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in. order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. See "Regulatory floodway."
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T. "Grading" means any excavating or filling or combination thereof and shall. include the
land in its excavated or filled conditions.
U. "Highest adjacent grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
V. "Historic resource" means any structure, site, building, object, or natural feature that is:
I. Listed or determined to be an eligible resource for listing in the National Register of
Historic Places (a listing maintained by the Department of the Interior),
2. Listed in or determined to be an eligible resource for listing in the California Register of
Historical Resources;
3. Listed in or determined to be an eligible resource for listing in the Chula Vista register of
historic sites; and
4. Any historic resource that the City determines to be historically significant; provided, that
the determination of historical significance is supported by substantial evidence in light of the
whole record.
For the purposes of this definition, "eligible resource" means a historic resource that is not listed
on the National Register, the Califomia Register, or the Chula Vista list register of historic sites
and/or is not included in the local historic resources inventory, but appears to meet one or more of
the criteria for designation.
W. "Land develo Japter 15.04 CVMC.
X. "Letter of Map Revision (LOMR)" is a letter issued by FEMA stating that a particular
structure or parcel of land is removed from the I -year floodplain, generally due to grading or
construction of flood control projects. A developer or government agency constructing an eligible
project within the 100 -year floodplain (as shown on the most recent Flood insurance Rate Map or
subsequent LOMRs) is required to apply for a LOMR.
Y. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the applicable
non -elevation design requirements of this chapter.
Z. "Manufactured home" means a structure, transportable in one or more sections,, which is
built on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. For flood management purposes the term "*rnanufactured home"
also includes park trailers, travel trailers, and other similar vehicles placed on a site for gfeat-er
thaw] 80 consecutive days or longer. For insurance purposes the to"fin'"manufactured home" does
not include park trailers, travel trailers, and other similar vehicles.
AA. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
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AB. "Mean sea level" meansl for purposes of the National Flood Insurance Program, the Nation
Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, o -J),
other datum, to which base flood elevations shown on a communityis Flood Insurance Rate! Mal
are referenced.
AC. "New construction," for floodplain management purposes, means structures for which th
start of construction commenced on or after November 14, 1978, and includes any subseque
improvements to such structures. I
AD. "New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is, completed on or after
November 14,1978.
AE. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,
pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire,
fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting
into any watercourse which may alter, impede, retard or change the direction and/or velocity of
the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow
of water, or its likelihood of being carried downstream.
AF. "One -hundred -year flood" means the condition of flooding having a one percent chance of
AG. "Recreational vehicle") means a vehicle that is:
1. Built on a single chassis;
2. Four hundred square feet or less, when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
AH. "Regulatory flood, elevation" means the water surface elevation of the 100 -year flood,- refer
to base flood elevation.
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AJ. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
AK. "Spiecial flood hazard area (SFHA)" means an area in the floodplain subject to a one percent
0
or reater chance of flooding in any given year. It is shown on a Flood Hazard B
goundary Map
(FHBM) or FIRM as Zone A, AO, A I � A30, AE, A99, or AH.
AM. "Structure" means a walled and roofed structure, including a gas or liquid storage tank that
is principally above the ground, including, but without limitation to, buildings, factories, sheds,
cabins, mobile homes, and other similar uses.
AN. "Substantial damage" means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
AO. "Substantial improvement" means any reconstruction, rehabilitation, addition, or
improvement of a structure, the cost of which equals or exceeds, 50 percent of the market value of
the structure before the start of the construction of the improvement. This term includes structures
that have incurred substantial damage, regardless of the actual repair work performed. However,
the term does not include either;.
I . Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic resource; provided, that the alteration would not preclude the
structure's continued designation as a historic resource.
For the purposes of this chapter, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure. The term does not, however,
2019-12-03 Agenda Packet, Page 19 of 223
include any alteration to comply with existing state or local health, sanitary, building or safety
codes or regulations, or structures listed in national or California registers of historic places.
AP. "Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
AQ. "Violation" means the failure of a structure or other development to be fully compliant with
this chapter. A structure or other development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is provided.
AR. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic
feature on or over which waters flow at least periodically. "Watercourse" includes specifically
designated areas in which substantial flood damage may occur.
AS. "Zone" means an area delineated on the Flood Insurance Rate Maps, and Flood Hazar
Boundary Maps with respect to its potential flood hazard. See "Special flood hazard area."' (Or
32101201 l; Ord. 3097, 2007). 1
14.18.110 Floodplain development — Permits required.
No person, including property owners, contractors, private engineers or others, shall erect,
construct, enlarge, or improve any building or structure, or begin development within a SFHA,
including the placement of manufactured homes, without first obtaining a building permit, land
development permit, or any other permit required pursuant to Chapters 15.04 and 15.08 CVMC
for each such action. (Ord. 32 10, 2011; Ord. 3097, 2007).
14.18.120. pplication requirements,
A. Each application for a building permit, land development permit, or any other permit
required pursuant to Chapters 15.04 and 15.0CVMC in a SF'HA shall include:
1. Necessary plans and specifications for the proposed construction showing the nature,
location, dimensions, and elevation of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities;
2. Elevations (in relation to sea level) of the lowest floor (including basement) or, in the case
of floodproofed nonresidential structures, the elevation to which it has been floodproofed.
Certification, submitted by a licensed civil engineer, structural engineer, or architect, that the plans
and specifications for any proposed building or structure comply with the floodproofing
requirements of the National Flood Insurance Program as revised;
3. Evidence that electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding; and
4. Any other information . as reasonably may be required by the Building Official and the City
Engineer.
2019-12-03 Agenda Packet, Page 20 of 223
B. In the coastal zone, development in SFHAs sbal.l. also be required to obtain a coast
dea
velopment permit consistent with the pplicable provisions of the certified Local Coast
Program. (Ord. 3210, 2011; Ord. 3097, 2007). 1
0 0
14.18.130 Standards for building construction in SFHA.
A. A Conditional Letter of Map Revision (CLOMR) shall be obtained prior to the construction
0
of a proposed flood control project based on design plans approved by the City. Construction of
the proposed flood control project and land preparation as speed in the start of construction
definition will be allowed after the CLONIR isi approved by FEMA.
B. All LOMRs for flood control projects shall be approved by FEMA prior to the issuance of
building permits. Building permits shall not be issued based on CLOMRs.
C. The following requirements pertain to construction in areas, that have not been removed
from the SFHA by an approved LOMR:
All new construction and substantial improvements, 0including manufactured homes,
shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction and substantial improvements, including manufactured homes,
shall be constructed:
a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility
equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
C. With electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding; and
d. Within Zones AH or AO, so that there are adequate drainage paths around the structures
on slopes to guide flood waters around and away from the structures.
3. All new construction and substantial improvements of structures with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely for parking of vehicles,
building access or storage, and which are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must be certified by a registered civil or structural engineer
or architect and must meet or exceed the following minimum criteria:
a. For non -engineered openings:
i. Have a minimum of two openings on different sides having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwater; and
iv. Buildings with more than one enclosed area must have openings on exterior walls for each
area to allow floo d water to directly enter. (Ord. 3 2 1 O�, 2 0 11 - Ord.309? 200?),
14.18.140 Standards for utilities,
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A. The design of all new and replacement water supply and sanitary sewage systems shall be
certified by a registered professional in the respective field of expertise. All new and replacement
water supply and sanitary sewage systems shall be designed and constructed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems into
floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding. (Ord. 3210, 2011; Ord. 3097, 2007)i#
14.18.150 Standards for resl*dentl*al structures.
For all new construction and substantial improvements of residential structures, the lowest floor
elevation to include basement) of new residential structures shall be elevated to a minimum OIL
one foot above the regulatory flood elevation; except that in Zone AO, the lowest floor (including
basement) shall be as high as the depth number in feet on the effective FIRM above the highest
adjacent grade or two feet if no depth number is specified on the effective FIRM. (Ord. 3210,
2011 - Ord. 3097, 2007).
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures shall meet
the following standards:
1. The lowest floor elevation to include basement) of nonresidentialstructures shall. be elevated,
or floodproofed to a minimum of one foot above the regulatory flood elevation; except that in
Zone AO, the lowest floor (including basement) shall be as high as the depth number in feet
on the effect"ve FIRM- above the highest adjacent grade, or two feet if no depth number is,
specified. In the alternative, nonresidential structures, including attendant utility and
sanitary facilities, shall be completely flood -proofed, to or above the regulatory flood
elevation kw*l-so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
2. Construction materials and utility equipment shall be resistant to floodwater damage;
3i. Construction methods, and practices shall minimize flood damage; and
4. The design and methods of all new construction and substantial improvements of
"10014A W C63 NMI to] NP101 W
NMI
B. Any nonresidential structure proposed to be floodproofed in accordance with this chapter
shall. be certified by a licensed civil engineer, structural engineer or architect, subsequent. to
construction of the proposed buildinor structure but prior to final approval for use or occup
gancy
thereof and the elevation to which such flooidpiroofing is effective shall be specified. (Ord. 3210,
2011; Ord. 3097, 2007).
2019-12-03 Agenda Packet, Page 22 of 223
14.18.170 Standards for garages and accessory structures.
A. Attached Garages.
1. All garages attached to a residential structure and constructed with the garage floor slab
below the BF shall be designed to allow for the automatic entry and exit of floodwaters. Areas
of the garage below the BF E shall be constructed with flood resistant materials as specified in
FEMA Technical Bulletin TB 2-93.
0
2. A garage attached to a nonresi'denfial structure must meet the above requirements or
be dry floodproofed.
B. Detached Garages and Accessory Structures.
I . Accessory structures used solely for parking (two -car detached garages or smaller) or
limited storage (small, low-cost sheds) may be constructed such that its floor is below the BFE,
provided the structure! meets the following standards:
a. The accessory structure shall be used only for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be built using flood -
resistant materials;
C. The accessory structure shall be adequately anchored to prevent flotation, collapse and
lateral movement;
d. Any mechanical and utility equipment in the accessory structure shall be elevated or
floodproofed to or above the BFB;
e. The accessory structure must comply with floodplain encroachment provisions in CVMC
14.18.210,
f. The accessory structure shall be designed to allow for the automatic entry and exit of
floodwaters; and
9- The below -grade parking areas shall comply with the requirements in FEMA Technical
Bulletin TB -6. (Ord. 3210, 2011; Ord. 3097, 2007).
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones Al — A30, AH, and AE shall either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fully licensed and ready for highway use...A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions; or
C. Have a pen -nit required in CVMC 14i. 18.110 and meet the elevation and anchoring
requirements for manufactured homes in CVMC 14.18.190i. (Ord. 3210, 2011; Ord. 3097, 2007).
14.18.190 Standards for manufactured homes.
A. All manufactured homes that are placed on or substantially improved within a special flood
hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
2019-12-03 Agenda Packet, Page 23 of 223
3. In an expansion to an existing manufactured home park or subdivision;, or
4. In an existinR manufactured home park or subdivision within which a manufactured hom
has incurred 44substantial damage" as the result of a flood;
shall be certified by a registered professional engineer and surveyor and shall be elevated on .31
permanent foundation such that the lowest floor of the manufactured home is at least one fo
above the base flood elevation and be securely anchored to an adequately anchored foundati 11
0
system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within a special flood hazard area and not subject to the
0
provisions of subsection (A) of this section shall be certified by a registered professional engineer
Mnd surveyor and shall be securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base flood
elevation, or
2. The manufactured home chassis is supported by reinforced piers, or other foundation
elements of at least equivalent strength that are no less than 36 inches in height above grade. (Ord.
321012011.; Ord. 3097, 2007).
14.18.200 Standards for repair, reconstruction or improvement of streets, utilities, and pads
in manufactured home parks.
The following standards apply within Zones Al — A30 for new manufactured home parks and
manufactured home subdivisions,, expansions to existing manufactured home parks and
manufactured home subdivisions, and existing manufactured home parks and manufactured home
subdivisions. All repair, reconstruction or improvement of the streets, utilities and pads which
equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced shall comply with the following standards:
A. Stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of
the manufactured home will be at least one foot above the base flood level;
Wo M M , =8 WMEM.. 11tworomm=41
C . In the instance of elevation on pilings, lots shall be large enough to permit steps, pilin
foundations shall be placed in stable soil no more than 10 feet apart, and reinforcement shall b
provided for pilings more than six feet above the ground level. (Ord. 3210, 2011; Ord. 3 097, 2007). 1
14.18.210 Standards for floodways.
Because floodways are an extremely hazardous area due to the velocity of floodwaters that car)n
debris and potential projectiles, and have erosion potential, the following standards apply: I
A. Until a regulatory floodway is adopted, no new construction, substantial development, or
other development (including fill) shall be permitted within Zones Al — A30 and AE, unless it is
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