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HomeMy WebLinkAboutResolution 2023-26 Attachment 1 RESOLUTION NO. 2023-26 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING AMENDMENTS TO THE GENERAL PLAN, POLICY DOCUMENTS AND THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AND APPEAL PROCEDURES FOR DISCRETIONARY PLANNING APPLICATIONS, AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN GUIDELINES, AND AN UPDATE TO MASTER FEE SCHEDULE NO. 14-100 (GENERAL PLANNING FEES). WHEREAS, on November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions, including the dissolution of the GMOC; and WHEREAS, parts of the Chula Vista General Plan, Chula Vista Municipal Code PFFP) Guidelines, were in need of amendment both as a result of the dissolution and to streamline residential development within the City; and WHEREAS, necessary amendments to the Chula been identified to help further clarify permit processes and regulations; and WHEREAS, City Staff has identified several titles within the CVMC in need of a consistent application process by which to appeal discretionary planning applications such as Design Review Permits, Conditional Use Permits, Variances, etc.; and WHEREAS, the Director of Development Services has reviewed the proposed activities described in the related Staff Report for compliance with the California Environmental Quality Act (CEQA) and has determined that the activities are 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the City General Plan and CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA; and WHEREAS, if the activities described in the related Staff Report for this matter are deemed Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qualify exemption under State CEQA Guidelines Section 15061(b)(3). The actions involve administrative updates to the CVMC relating to appeal processes for discretionary decisions and eliminating submittals that are already required for CEQA review, as well as updates to some City General Plan Elements to ensure compliance with State law. The actions of updating and modifying the CVMC and General Plan with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC and under State law. Based on an analysis Planning Commission Resolution 2023-26 December 13, 2023 Page 2 of the nature and type of these procedural and clerical changes to the CVMC and the General Plan, the actions will not have a significant effect on the environment; and WHEREAS City staff recommends that the Planning Commission approve the proposed amendments to the Chula Vista General Plan Land Use, Housing, Environmental, and Growth Management Elements, the Chula Vista General Plan Implementation Plan, CVMC Chapter 19.92, P Guidelines, Titles 1, 10, 12, 15, 17, 18, 19, and 21 of the CVMC Master Fee Schedule; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC amendments on November 8, 2023 at 6pm in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed amendments to the Chula Vista General Plan Land Use, Housing, and Environmental Elements, Chula Vista General Plan Implementation Pla, and, remove the General Plan Growth Management Element, pertaining to the dissolution of the GMOC, and amendments to Titles 1, 10, 12, 15, 17, 18, 19, and 21 of the CVMC pertaining to the Development Services Department appeals and processing. BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments to the CVMC identified in this Resolution and related Staff Report 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the City General Plan and CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Further, if the activities described in this Resolution and the related Staff Report for this matter y for the reasons stated above. Planning Commission Resolution 2023-26 December 13, 2023 Page 3 BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by Approved as to form By: Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of December, 2023, by the following vote, to-wit: AYES: Burroughs, Combs, De La Rosa, Felber, Leal, Torres, Zaker NOES: ABSENT: ABSTAIN: ___________________________ Michael De La Rosa, Chair ATTEST: ___________________________ Mariluz Zepeda, Secretary