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Home My WebLink AboutCVRC Reso 2007-007 CVRC RESOLUTION NO. 2007-007 RESOLUTION OF THE REDEVELOPMENT CORPORATION RECOMMENDING CITY COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS 19.07 AND 19.80 WHEREAS, in 1988, a citizen's initiative, referred to as the "Cwnming's Initiative" was passed by a majority vote of the electorate and was incorporated as Chula Vista Municipal Code (CVMC) Chapter 19.80 - Controlled Residential Development by Ordinance 2309 (CRDO); and WHEREAS, the statement of purposes and intent section of the CRDO (CVMC 19.80.020) states that the initiative was "not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax facilities and destroy the quality and home town character of Chula Vista;" and WHEREAS, in its findings, the CRDO indicates the voters' position at that time, that City had more than adequate time to produce a general plan to protect the quality of life in Chula Vista but had failed to do so; and WHEREAS, absent such a plan, the CRDO states that it was the intent of the people to establish control over the quality and rate of growth of Chula Vista in the interest of preserving the character of the commullity; protecting the open space of the city; protecting the quality of life in the City; ensuring the adequacy of city facilities, school facilities, recreation, park facilities and services, fire and police and paramedic protection, and water and sanitary sewer systems; ensuring the balanced development of the city; and ensuring that the future traffic demands do not exceed the capacity of streets; and WHEREAS, to carry this out, the CRDO requires the staged provision of public services and facilities commensurate with growth through funding mechanisms such as a system of fees, collected from developers at the time of new development, and also contains a provision limiting the frequency of residential rezones outside Planned Community (PC) zoned areas to the next highest category over a two-year period in order to create a control on the pace of development to allow the provision of public facilities and services to catch up if necessary; and WHEREAS, the CRDO also states that areas zoned or proposed to be rezoned Planned Commullity (PC) are deemed in compliance with its zoning limitation provisions in recognition that PC zoned areas are required under the City's codes to include a comprehensive public facility and service planning and funding provisions; and WHEREAS, further provisions of the CRDO acknowledge that the voters expected the City to take corrective growth management actions in the future; and WHEREAS, in the approximately 20 years since adoption of the CRDO, and consistent with these intents and directions, the City has undertaken nwnerous efforts to establish an integrated system of growth management programs, standards, regulations, facility master plans, funding systems and monitoring activities that create a system of checks and balances that ensure new development keeps in step with the provision of public services and facilities; and CVRC Resolution No. 2007-007 Page 2 WHEREAS, CVMC 19.09 has further integrated standards and facilities evaluation, and plans for the funding and phasing of public services and facilities commensurate with growth, into the development process and has established the requirement related "Public Facilities Financing Plans (PFFPs) as part of Sectional Planning Area (SPA) Plan process; and WHEREAS, in 1984 the State of California enacted Government Code Section 65450- 65457 that allows for the preparation of specific plans to implement a city's General Plan, and which are incorporated into CVMC Chapter 19.07 - Specific Plans; and WHEREAS, similar to a SPA plan, specific plans must identify the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan, and needed to support the land uses, and must include a plan and mechanisms for the provision of said public services and facilities commensurate with growth; and WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning or rezoning land under a planned community (PC) zone is analogous to rezoning as part of a specific plan; and WHEREAS, Section 19.80.070 of the CRDO provides that property zoned or rezoned as part of a planned cornmunity (PC) is deemed to be in compliance with its zoning provisions; and WHEREAS, given the required content for specific plans as stated, specific plans should be similarly recognized as being compliant with the intents of the CRDO; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because the project consists of amendments to the City of Chula Vista Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and no environmental review is necessary; and WHEREAS, the Community Development Director set the time and place for a hearing on the proposed zoning text 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 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 12, 2007, in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby determined from the facts presented that approval of the proposed zoning text amendments is in keeping with the intents of the CRDO, and will effectively ensure that specific plans include a plan for needed public facilities and services to support the specific plan land uses, and that those needed facilities and services will be provided in advance of, or concurrent with development. CVRC Resolution No. 2007-007 Page 3 BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation recommends that the City Council adopt the proposed Ordinances approving the amendments to CVMC Chapters 19.07 and 19.80 in accordance with the findings contained in those Ordinances. P"2/# Ann Hix Acting Community Development Director Approved as to form by ~'.iI\<.:,,\.M\V\rt\,.Jk Ann Moore ' General Counsel PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City ofChula Vista, California, this 12th day of April 2007, by the following vote: AYES: Directors: Castaneda, Lewis, McCann, Paul, Ramirez, Rindone, Rooney, and Cox NAYS: Directors: None ABSENT: Directors: Desrochers ~\-p... VIS 7;. ()~reooo~ *! CVRC )0 ~ ~ ~ 06/15i2005 ;:: 0\ ~ ~ oOoo~ Rc::5 '< ~ I, Ann Hix, Secretary of the Chula Vista Redevelopment Corpora ~i ula Vista, California, do hereby certify that the foregoing CVRC Resoluti 07 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment corporatiO . eld on the 12th day of April 2007. Executed this 12th day of April 2007. I~ 1/( 41ij Ann Hix, Secretary "/ A1TESuj?k Ann Hix, Secretary ;";' ~~ Cheryl~!~: '~ai V ~rson STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) )