HomeMy WebLinkAbout2008/02/25 Agenda Packet
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CllY OF
CHULA VlsrA
01
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk
Steve Castaneda, Councilmember
February 26, 2008
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING
CHULA VISTA POLICE LIEUTENANT FRANCIS M. BECKER ON THIRTY-
THREE YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CANDY
SCHUMANN PROCLAIMING FEBRUARY 26, 2008 AS SPAY AND NEUTER DAY
IN THE CITY OF CHULA VISTA
CONSENT CALENDAR
(Items 1 through 3)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff requests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
Page I - Council Agenda
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February 26, 2008
1. APPROVAL OF MINUTES of the Regular Meeting of February 5, 2008, and the
Adjourned Regular Meeting of February 5,2008.
Staff recommendation: Council approve the minutes.
2. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 14.20.110
OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTION 14.20.125
RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL"
(SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 15.04.018 TO
THE CHULA VISTA MUNICIPAL CODE RELATING TO "EXCAVATION,
GRADING, CLEARING, GRUBBING AND FILLS" (SECOND READING AND
ADOPTION)
Adoption of the ordinances accomplishes the City's requirements of the San Diego
Regional Water Quality Control Board's new National Pollutant Discharge Elimination
System Municipal Permit for all County of San Diego Copermittees. Each Copermittee
was required to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, by March 24, 2008 in order to be in compliance
with the new permit. These ordinances were introduced on February 19, 2008. (Public
Works Director)
Staff recommendation: Council adopt the ordinances.
3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING FUNDS CONTAINED IN THE FEDERAL
OMNIBUS APPROPRIATIONS BILL FOR FISCAL YEAR 2007/2008: $500,000 FOR
THE CITY'S SCHOOL ZONE TRAFFIC AND PEDESTRIAN SAFETY PROJECT
AND $750,000 FOR THE CITY'S ALTERNATIVE FUEL PILOT PROJECT (4/5THS
VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FISCAL YEAR 2008/2009 FEDERAL FUNDING REQUESTS FOR
SUBMISSION
On January 23,2007, the City Council approved the submission of a list of 10 projects
for which the City would seek state and federal funds during the course of Fiscal Year
2007/2008. Two of the projects on that list were approved for federal funding. Adoption
of the first resolution accepts the funds. The second half of the llOth congressional
session has begun, and City staff has prepared an updated list of projects, which reflect
the priorities listed in the Legislative Program adopted by the City Council in December
2007. Adoption of the second resolution approves the 2008/2009 list for submission.
(City Manager)
Staffrecommendation: Council adopt the resolutions.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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February 26, 2008
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish 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 start of the meeting.
4. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE TO ADD CHAPTER 19.57, OVERLAY DISTRICTS
Adoption of the ordinance adds a new chapter to the Chula Vista Zoning Code to
establish an overlay district, which limits the building height of any newly constructed
buildings or additions to existing buildings to three stories or 45-feet in height. The
district would apply to parcels and portions of parcels fronting Third Avenue between E
Street and G Street, and would require any newly constructed buildings or additions to
existing buildings to utilize nationally recognized "Green" building standards. (Planning
and Building Director)
Staff recommendation: Council conduct the public hearing and hold first reading of the
following ordinance:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
MUNICIPAL CODE TO ADD CHAPTER 19.57, OVERLAY
DISTRICTS, AND SECTION 19.57.010 GENERAL PURPOSE AND
19.57.020 THIRD AVENUE OVERLAY DISTRICT; THE THIRD
A VENUE OVERLAY DISTRICT WILL ESTABLISH A THREE
STORY OR 45-FOOT MAXIMUM HEIGHT FOR PARCELS AND
PORTIONS OF PARCELS FRONTING ON THIRD AVENUE
BETWEEN E STREET AND G STREET, AND REQUIRES THAT
NEWLY CONSTRUCTED BUILDINGS OR ADDITIONS TO
EXISTING BUILDINGS UT-ILIZE NATIONALLY RECOGNIZED
"GREEN" BUILDING STANDARDS (FIRST READING)
ACTION ITEMS
The ltem(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 wish 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.
5. CONSIDERATION OF ADOPTION OF A RESOLUTION ORDERING SUBMISSION
TO THE QUALIFIED ELECTORATE OF THE CITY AT THE JUNE 3, 2008
ELECTION, OF A CITY MEASURE RELATING TO GENERAL PLAN HEIGHT
PROTECTION FOR SPECIFIED COMMUNITY-BENEFITING USES
Page 3 - Council Agenda
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February 26, 2008
Adoption of the resolution places a measure on the June 3, 2008 ballot. On February 5,
2008 the Legislative Subcommittee of the Chula Vista City Council, consisting of Mayor
Cox and Deputy Mayor Rindone, directed staff to prepare a ballot measure for Council
consideration. The measure would amend the City's General Plan regarding the ability to
use the established General Plan Amendment process to consider certain community
benefiting projects that may propose buildings taller than 84 feet. (City Council
Legislative Subcommittee)
City Council Legislative Subcommittee recommendation: Council adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORATE OF THE CITY, PURSUANT TO ELECTIONS CODE
SECTION 9222, A CITY MEASURE RELATING TO GENERAL PLAN
HEIGHT PROTECTION FOR SPECIFIED COMMUNITY-
BENEFITING USES, AT THE GENERAL ELECTION TO BE HELD
ON TUESDAY, JUNE 3, 2008, AS CALLED BY RESOLUTION NO.
2008-016
OTHER BUSINESS
6. CITY MANAGER'S REPORTS
7. MAYOR'S REPORTS
8. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of the City Council, March 4,2008 at 4:00 p.m. in
the Council Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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February 26, 2008
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 5, 2008
4:00 P.M.
A regular meeting of the City Council of the City ofChula Vista was called to order at 4:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, Interim City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY INTERIM LffiRARY DIRECTOR LEAH BROWDER OF
EMPLOYEE OF THE MONTH, CHARITY ANDERSON, CHILDREN'S LIBRARIAN
Leah Browder introduced employee of the month Charity Anderson. Mayor Cox then read the
proclamation and Deputy Mayor Rindone presented it to Charity.
CONSENT CALENDAR
(Items I through 13)
Item 3 was removed from the Consent Calendar for discussion by members of the public and by
Councilmember Castaneda. Deputy Mayor Rindone stated he would be abstaining from voting
on Item 3, due to his membership on the Chamber of Commerce Board, and the proximity of his
residence to the Chula Vista Chamber of Commerce. Item 4 and 6 were removed from the
Consent Calendar for discussion by Councilmember McCann.
1. APPROVAL OF MINUTES of the Regular Meeting of January 8, 2008, the Adjourned
Regular Meeting of January 12, 2008, and the Regular Meeting of January 15, 2008.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2008-030, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR
THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S
EMPLOYEE ORGANIZATIONS
1- n
DRAFT
CONSENT CALENDAR (Continued)
The Meyers-Milias-Brown Act, as contained in California Government Code Sections
3500-3511 provides for the orderly administration of employer-employee relations. It
states that a public agency may adopt reasonable rules and regulatIOns for recognizing
employee organizations and for meeting and conferring with those organizations
regarding wages, hours, and other terms and conditions of employment. (City Attorney)
Staff recommendation: Council adopt the resolution.
3. Item 3 was removed from the Consent Calendar for discussion.
4. Item 4 was removed from the Consent Calendar for discussion.
5. A. RESOLUTION NO. 2008-033, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE AVENUE
BETWEEN THIRD AVENUE AND CONNOLEY AVENUE, SOUTH SIDE OF L
STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE
CITY OF CHULA VISTA (CIP NO. STL-3l8)" PROJECT TO FOX CONSTRUCTION
IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE CONTINGENCIES IN THE PROJECT
B. RESOLUTION NO. 2008-034, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM
EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS
(STL-334)" TO STL-318 AS NECESSARY TO COMPLETE THE PROJECT (4/5THS
VOTE REQUIRED)
On January 16, 2008, the Director of Engineering and General Services received 12
sealed bids for this project. The work consists of the installation of sidewalk
improvements at two locations, a retainin~ wall, traffic control, and other miscellaneous
work, including all labor, material, eqUIpment, and transportation necessary for the
project. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. Item 6 was removed from the Consent Calendar for discussion.
7. RESOLUTION NO. 2008-036, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE
HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT
OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS
FUND SHSGP PROGRAM (4/5THS VOTE REQUIRED)
The County of San Diego Office of Emergency Services, who administers the State
Homeland Security Grant Program (SHSGP) has notified the Fire Department of the
Fiscal Year 2007 SHSGP award in the amount of $1 04,277. These funds will be utilized
by the Fire and Police Departments to purchase communications, computer, rescue, and
protective and breathing apparatus, and to fund homeland security related training
activities. (Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 . Council Minutes
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February 5, 2008
DRAFT
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2008-037, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN
REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF
EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND
FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN
THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED)
The Fire Department has received reimbursements in the amount of $82,227 from the
State Office of Emergency Services. Reimbursements were made for staff time related to
Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements
to assist in statewide firefighting efforts during the 2007 fire season. The Fire department
has also received a donation in the amount of $5,000 from North Island Federal Credit
Union in appreciation of Fire Department efforts during the 2007 fire season. The
department is requesting to appropriate these funds to offset overtime, supplies, and
facility support costs. (Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2008-038, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA IMPLEMENTING THE PRE-TAX PAYROLL
DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES
(CONTRIBUTION CODE 14)
On April 22, 1997, the Council approved a resolution providing qualified members the
option to elect the pre-tax payroll deduction plan for their service credit purchase (i.e.,
redeposit, service prior to membership, military, etc.). On December 27,2007, CalPERS
assigned a new group coverage number for the City's Miscellaneous group with 3% at
60-benefit formula from group number 70001 to 70002. In order to continue the benefit
of pre-tax option to its Miscellaneous employees with coverage group 70002, the City
must submit an amended resolution to the California Public Employees' Retirement
System. Adoption of the resolution amends the pre-tax payroll deduction, which has no
fiscal impact to the City. All service credits are purchased by member employees, and
may result in minimal reductions in City liability for Medicare taxes due to the reduced
taxable income base afforded by this pre-tax benefit. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2008-039, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM
PREVENTION PROGRAM (4/5THS VOTE REQUIRED)
The County of San Diego Office of Emergency Services, which administers the Law
Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the
Police Department of the Fiscal Year 2007 LETPP award in the amount of $46,560. The
department is requesting to appropriate these funds for overtime costs and supplies and
services. (police Chief)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
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February 5, 2008
DRAFT
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2008-040, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE AWARD AND APPROPRIATING
$300,000 IN UNANTICIPATED REVENUES FOR A GRANT FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD
HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND
AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND
RECYCLING FUND BUDGET (4/5THS VOTE REQUIRED)
In June of 2007, staff submitted a grant funding application to the California Integrated
Waste Management Board (CIWMB) for Household Hazardous Waste activities, related
to expansion of the universal Waste Collection Program, and development of a medical
needles/sharps proper disposal system for residential households, on behalf of the South
Bay Regional household Hazardous Waste Partnership (Consisting of Imperial Beach,
National City, and Chula Vista as lead agency). The CIWMB has awarded the $300,000
request and given staff the Notice to Proceed with the proposed programs. (public Works
Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2008-041, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE
ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF
SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND
AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY
OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT
REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF
SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE
WORK SPECIFIED IN THE GRANTS THROUGH JUNE 30, 2012
In 1989, the California Legislature enacted comprehensive requirements for the storage
and disposal of waste tires. The California Integrated Waste Management Board was
charged with responsibility for tire pile stabilization and remediation where public health
and safety and the environment may be at risk. The City of San Diego is the lead agency
for this program in San Diego County and Chula Vista, Imperial Beach and National City
are partnering with them on this program. Adoption of the resolution authorizes the
subrnittal of the grant and will support the continuation of enforcement work that was
started in 2007. (public Works Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2008-042, RESOLUTION OF THE CITY COUNCIL OF THE
CITY ACCEPTING AND APPROPRIATING $81,281 IN UNANTICIPATED
REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD
AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR
OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING
THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING BUDGET
(4/5THS VOTE REQUIRED)
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February 5, 2008
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DRAFT
CONSENT CALENDAR (Continued)
The California Used Oil Enhancements Act (1999) requires the collection of four cents
for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oiL The Act mandates that the California Integrated Waste Management Board
use a portion of the funds to provide block grants to local govemments for used oil
programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency
for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial
Beach and National City. (public Works Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve staff recommendations and offered the
balance of the Consent Calendar, headings read, texts waived. Councilmember
Castaneda seconded the motion and it carried 5-0.
Deputy Mayor Rindone left the dais at 4:20 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. RESOLUTION NO. 2008-031, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE
PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU
PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION
SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND
CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230-
01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN STATED IN SAID
POLICY
Adoption of the resolution approves a contract between the City and the Chamber of
Commerce for a period of six months with an option to extend the contract for an
additional one-year period, for the provision of Chula Vista Convention and Visitors
Bureau Promotion Services, and Visitor and Transit Information Services at the Chula
Vista Visitor Information Center and Chamber of Commerce main office. It also waives
City Council Policy #230-01 to allow for funding in an amount less than stated in the
policy (Economic Development Officer)
Staff recommendation: Council adopt the resolution.
Peter Watry, Chula Vista resident, was upset about reduced Library hours of operation resulting
from the citywide budget reductions, while the Chula Vista Visitors' Center was allocated
$53,000 in funding by the City. He questioned why so much money was being spent on the
Visitors' Center and not the Public Library, and why the item was on the Consent Calendar
instead of being included in the budget reductions for debate.
Page 5 - Council Minutes
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February 5, 2008
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Patricia Aguilar, Chula Vista resident, spoke regarding the option to extend the contract between
the City and the Chamber for an additional one-year period, and requested clarity as to whether
or not extension of the contract would require Council approval, expressing that the service
being provided should compete with all other services provided by the City.
Gerry Scott, Chula Vista resident, stated that the $53,000 proposed for the Chula Vista Visitors'
Center could be better utilized to save employee positions in the Library, and he requested
Council consideration to deny the proposed contract.
Councilmember Castaneda asked whether the visitors' center was adequately promoting the City,
or whether the funding would be better spent elsewhere. Lisa Cohen, Chula Vista Chamber of
Commerce Executive Director explained the many promotions by the Visitors' Information
Center that included, "Dine and Shop Chula Vista", San Diego CONVIS, and a City directory,
stating that the funding reduction would primarily affect the hours of operation and the General
Manager position. Councilmember Castaneda stated that for the future budget, he would be
looking at ways to promote local businesses that were opening their doors for visitors, not simply
keeping the doors of the Visitors' Information Center open.
Mayor Cox reported that the City of Chula Vista was one of two cities in the region not to have a
sales tax decline in the last quarter reporting, which she attributed to the Chula Vista Chamber of
Commerce promoting retention oftax dollars locally.
ACTION:
Councilmember Ramirez requested a poll from the Council and moved for
approval of the proposed Resolution as amended, to remove the option for
renewal and all references thereto. The motion died for a lack of a second.
Councilmember McCann spoke in support of the proposed resolution in its original form.
Mayor Cox was opposed to the proposed amendment by Councilmember Ramirez, stating that
the item must come back to Council for approval of the contract extension, and she would
therefore support the item as presented.
Councilmember Castaneda stated he would support the motion by Councilmember Ramirez to
include direction to the City Manager to work with the Chamber of Commerce to see exactly
how the City would be promoted.
ACTION:
Councilmember Ramirez moved to approve staff recommendation and adopt
Resolution No. 2008-031, heading read, text waived, with direction to staff that a
report be forthcoming from the Chamber of Commerce regarding how they intend
to promote the City of Chula Vista. Councilmember Castaneda seconded the
motion and it carried 4-0-1, with Deputy Mayor Rindone abstaining.
Deputy Mayor Rindone returned to the dais at 4:53 p.m.
Page 6 - Council Minutes
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February 5, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2008-032, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A
CONTRACT FOR THE "ROHR PARK BREAK ROOM (PR 274) CIP PROJECT" TO
FAMANIA CONSTRUCTION INC. IN THE AMOUNT OF $34,073
Per section 1009 of the City's Charter, the Director of Engineering and General Services,
in an effort to secure competitive prices from interested contractors, invited ten
contractors to submit informal bids for the construction of improvements to the Rohr
Park Break Room. The scope of work included the rehabilitation of the park employee
break room, modernizing the two bathrooms, kitchen area, flooring and lighting. Three
bids were received. Adoption of the resolution accepts and awards a contract to Famania
Construction Inc. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember McCann asked and Engineering and General Services Director Griffin
confirmed, that if the recommended improvements were not performed, the facility would need
to close within one year.
ACTION:
Councilmember McCann moved to approve staff recommendation and offered
Resolution No. 2008-032, heading read, text waived. Mayor Cox seconded the
motion and it carried 5-0.
6. RESOLUTION NO. 2008-035, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT ENTITLED "SUNSET VIEW PARK ROLLER HOCKEY ARENA (PR303)"
FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
In March 2005, the City of Chula Vista dedicated and opened for public use, Sunset View
Park, a 10-acre turnkey neighborhood park constructed by the Eastlake Company in
partial satisfaction ofthe parkland obligation for the Eastlake Greens subdivision. Sunset
View Park contains the City's only outdoor roller hockey arena. At the request of Risk
Management and the Office of the City Attorney, a review of the roller hockey arena was
undertaken, and it was determined that the installation of additional netting around the
arena would enhance the overall safety of the facility. Adoption of the resolution
establishes a new Capital Improvement Project and appropriates $50,000 from the
available Park Acquisition and Development fee balance for staff and consultants to
prepare a set of construction documents for bidding purposes. The estimated total cost of
the project is $150,000. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember McCann requested clarification from staff on the total project cost. Engineering
and General Services Director Griffin responded that staff was hopeful the final project would
total approximately $150,000, and that staff was only requesting funding for the design portion
of the project at this time.
Page 7 - Council Minutes
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February 5, 2008
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Councilmember McCann requested that in future, staff indicates under the "Fiscal Impact"
portion of staff reports, any effects the proposed items would have on the General Fund.
ACTION:
Councilmember McCann moved to approve staff recommendation and offered
Resolution No. 2008-035, heading read, text waived. Mayor Cox seconded the
motion and it carried 5-0.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
14. CONSIDERATION OF PROPOSED RESTRUCTURING OF THE SEWER SERVICE
RATES
It has been determined that the existing rates are inadequate and have not/will not
generate the revenues needed to meet the obligations of the fund for wastewater
treatment, system operation and maintenance. Therefore, the rates need to be adjusted
and in some cases increased as outlined in the report. (Engineering and General Services
Director)
Engineering and General Services Director Griffm presented the proposed restructuring of the
sewer service rates.
Mayor Cox opened the public hearing.
Felicitas 1. Cofer, Chula Vista resident, stated that the proposed fee increase would increase her
bill from $31.10 to $45.85, and she expressed concern about the burden of this on her and other
retirees who were on a fixed income.
Ron Floyd, Chula Vista resident, stated he was on a fixed income, and noted that sewer fees had
increased 160% since 2001. He stated that he had observed much waste in the City, citing
examples of half-empty busses and excessive landscaping. He asked the Council to consider
giving seniors a break on the proposed fees.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Mayor Cox requested Interim City Clerk Norris to confirm the number of written protests
received to date. Interim City Clerk Norris reported that notices were mailed to 52,902 property
owners. If the number of protest letters received was less than 26,451, the Council could
proceed with the item. The Clerk's Office received 47 letters of protest.
Page 8 - Council Minutes
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February 5, 2008
DRAFT
PUBLIC HEARINGS (Continued)
Engineering and General Services Director Griffin responded to the concerns by the two
speakers, Felicitas Cofer and Ron Floyd, stating that they could contact the Finance Department
to determine eligibility for billing relief. Direction was given to staff to contact the speakers and
to notify them of the contact information.
Deputy Mayor Rindone asked about the design of the study to verify the return factor for single
family residential customers, suggesting that there be at least 24 residences included in the study,
12 from the east side, and 12 from the west side. Staff Member Griffin responded that the goal
was to have a cross-section of users from the north, south, east and west sides of the City, with
varying sized lots. Deputy Mayor Rindone requested that there be no more than two occupants
in at least half of the single-family residences included in the study. Deputy Mayor Rindone
referenced the three current methods used for billing, and directed staff to come back to Council
with recommendations on a single method for billing.
Councilmember McCann referenced a letter on the dais to the Council from Larry Breitfelder,
President, Chula Vista Taxpayers Association, referencing concerns about the proposed sewer
rate increase. Councilmember McCann asked, and staff responded to questions about Mr.
Breitfelder's concerns.
Councilmember McCann asked staff if efforts had been made to establish a Joint Powers
Agreement with other agencies. Mayor Cox responded, stating that as a member of the
Metropolitan Wastewater Commission for the City, the topic of sewage credit and sewage
reduction had been discussed at monthly meetings, and Chula Vista staff was working with the
staff of the agencies represented in Metro to become responsible emitters of sewage treatment,
and in the event that the credit did not surface, that the City would look at ways to create its own
treatment plant.
City Manager Garcia stated that although the City was not actively trying to achieve
independence from the San Diego sewer system, the Council could begin discussions to pursue
other options.
Councilmember McCann stated that the City should explore alternative opportunities to avoid
being at the mercy of Metro.
Assistant City Manager Tulloch informed Council that the City recently completed a study
together with Sweetwater Authority and Otay Water District, to look at taking a portion of the
sewage produced in Chula Vista and to treat it to a level that would allow it to be used for
reclaimed water. The study revealed that although it would not work on the Sweetwater side, it
could be feasible on the Otay Water District side, and to build a plant that would accommodate
the City's future build-out. He stated that staff was looking at various grant funding options for
water reclamation, and would be meeting with the Bureau of Reclamation to discuss the matter.
He added that staff believed it could be possible to bring in a plant with Otay Water District that
would be financially feasible for the City. He stated that since the City was a member of a Joint
Powers Authority, it provided the City the ability to bring in its own auditors to audit the City of
Page 9 - Council Minutes
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February 5, 2008
DRAFT
PUBLIC HEARINGS (Continued)
San Diego's process to ensure that the City was being charged only for those things treatment-
related. Additionally, every one of the City of San Diego's capital expenditures comes before the
JP A to make recommendations to the Mayor of San Diego as to whether or not projects should
move forward.
CounciImember McCann directed staff to arrange a future workshop to look at exploration of
alternative opportunities for providing sewer service, and the ability to lower sewer rates.
CounciImember Castaneda directed staff to: 1) move forward with a study on the allocation
costs, based on water usage, and 2) create a policy and strategy that shows how the City would
resolve the need for additional sewage buy-in from the Metro system.
Mayor Cox referenced the letter on the dais submitted to the Council from Larry Breitfelder,
President of the Chula Vista Taxpayers Association, who was opposed to the proposed sewer
rate increases, stating that Mr. Breitfelder was also a member of the Otay Water Board.
ACTION:
Mayor Cox moved to adopt the following Resolution Nos. 2008-043 and 2008-
044, headings read, texts waived:
A.
RESOLUTION NO. 2008-043, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER
SERVICE RATES FOR FISCAL YEARS 2007/2008 THROUGH 2009/2010
B.
RESOLUTION NO. 2008-044, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED
INTO THE SEWERAGE FACILITIES REPLACEMENT FUND
CounciImember McCann stated that he could not support the item and spoke of the need to
implement a consolidated and online billing system. He stated that the proposed sewer increases
were substantial to single-family residences and disproportionab1y larger for apartments and
businesses, which he believed would detract new business for the City. He expressed concern
about issues regarding forecasting of fee increases.
CounciImember Ramirez spoke in favor of the City moving forward with options for processing
its own sewage.
Deputy Mayor Rindone directed staff to provide a report to Council on the assessment of single-
family return rates.
CounciImember Ramirez seconded the motion and it carried 3-2, with
Councilmembers Castaneda and McCann voting no.
Page 10 - Council Minutes
February 5,2008
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DRAFT
PUBLIC HEARINGS (Continued)
15. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE ESTABLISHING A
WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE
A report has been prepared to analyze potential traffic impacts of proposed new
development on the west side of the City's transportation system and to calculate
development impact fees based on that analysis. The City's Eastern Transportation
Development Impact Fee (TDlF) Program was established on January 12, 1988, which is
responsible for the equitable funding of transportation facilities east of I-80S. A similar
program is proposed for Western Chula Vista to be called the Western Transportation
Development Impact Fee (WTDlF) Program. (Engineering and General Services
Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she then closed the public hearing.
ACTION:
Councilmember Castaneda moved to continue the item to the meeting of February
19,2008, at the request of staff. Mayor Cox seconded the motion and it carried
5-0.
16. CONSIDERATION OF AMENDMENT TO THE OTAYRANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA (SPA) PLAN, VILLAGE CORE MASTER PRECISE
PLAN (MPP), APPROVAL OF A REVISION TO THE TENTATIVE SUBDIVISION
MAP, AND APPROVAL OF PARCEL TO ACCOMMODATE A CONDITIONAL
USE PERMIT APPLICATION FOR CONCORDIA LUTHERAN CHURCH AND
SCHOOL PROJECT TO BE LOCATED IN THE COMMUNITY PURPOSE FACILITY
(CPF) SITE IN OTAYRANCHVILLAGE 11
Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) applied to amend the
Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan
(MPP), revise the Tentative Subdivision Map, and relocate easements through the
recording of a new Parcel Map in order to accommodate a Conditional Use Permit
application for Concordia Lutheran Church and School project to be located at the
Community Purpose Facility (CPF) site in Otay Ranch Village 11. (planning and
Building Director)
Planning and Building Director Sandoval introduced the item and Associate Planner Phelps
presented the Otay Ranch Windingwalk Village 11 amendment. Prior to commencement of the
presentation, staffmember Phelps informed the Council that the presentation would be combined
for Items 16 and 17, since action on Item 17 would rely upon approval ofItem 16.
Mayor Cox opened the public hearing.
David Poole, Brookfield Shea, current property owner, spoke in support of the proposed project.
Page II - Council Minutes
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February 5, 2008
DRAFT
PUBLIC HEARINGS (Continued)
Pastor Richard Schmidt, representing Concordia Lutheran Church spoke in support of the
proposed project. He then gave a presentation on the project site plan and explained the benefits
of the proposed project on the community and City.
The following members of the public spoke in support of the proposed project:
Foster Ferguson, Chula Vista resident, representing Windingwalk residents
Disa Zaiser, Chula Vista resident, representing Concordia Lutheran Church
The following members of the public submitted speaker slips indicating support of the proposed
project, but waived their right to speak:
Dr. Wallace Turner, San Diego resident, representing Concordia University, Irvine
Janet Rumsch
Carl Lutz, Bonita resident
Beverly Tumer, San Diego resident
Tara Rodriguez, Chula Vista resident, representing Concordia Lutheran Church
Holly Kimmel, Chula Vista resident, representing Windingwalk Agave/Saguaro Residents gave a
presentation in opposition to the proposed project, and the community residents' concerns
regarding the proposal to relocate the Town Square.
The following members of the public submitted speaker slips in support of Item No. 17, but
waived their right to speak:
Dori Radichel, Chula Vista resident, representing Concordia Lutheran Church
Rosie Pena, Chula Vista resident, representing Concordia Lutheran Church
Richard P. Travers, San Diego resident, representing Concordia Lutheran Church
Nancy Chase, Bonita resident, representing Concordia Lutheran Church
Cheri Whitt, Chula Vista resident, representing Concordia Lutheran Church
Herm Pena, Chula Vista resident, representing Concordia Lutheran Church
Melissa Salomon, Chula Vista resident
Jeffrey Jornlin, Chula Vista resident
Antonio S. Pachelo, Chula Vista resident, representing Concordia Lutheran Church
Bud Chase, Bonita resident, representing Concordia Lutheran Church
Doris DeCant, Imperial Beach resident, representing Concordia Lutheran Church
James Magnuson, San Diego resident, representing Concordia Lutheran Church
Robert J. DeCant, Chula Vista resident, representing Concordia Lutheran Church
Fran Atwood, Imperial Beach resident, representing Concordia Lutheran Church
Conley Robinson, Bonita resident, representing Concordia Lutheran Church
Kent Carson, Chula Vista resident, representing Concordia Lutheran Church
Laura Partch, Chula Vista resident, representing Concordia Lutheran Church
Betty M. Pieters, Chula Vista resident
Kathleen Dibble
Melissa Partch, Chula Vista resident, representing Concordia Lutheran Church
Michelle Schmidt, Chula Vista resident
Timothy Gerdes, Chula Vista resident
William Whitt, Chula Vista resident, representing Concordia Lutheran Church
Page 12 - Council Minutes
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February 5, 2008
'.~~'\, ~:'~~;.~~;-.
DRAFT
PUBLIC HEARINGS (Continued)
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Mayor Cox noted that staff had submitted to the Council, a memorandum dated February 5, 2008
regarding comments received from residents of Windingwalk on Items 16 and 17, indicating
opposition to the items.
ACTION:
A.
B.
Councilrnember McCann moved to adopt the following Resolution Nos. 2008-
045,2008-046, and 2008-047, headings read, texts waived:
C.
RESOLUTION NO. 2008-045, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA)
PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD
SHEA OTA Y PROJECT L.P.
RESOLUTION NO. 2008-046, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OT A Y
PROJECT L.P., CHULA VISTA TRACT 07-02
RESOLUTION NO. 2008-047, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP
ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA
TRACT NO. 01-11, OTA Y RANCH VILLAGE II "A" MAP NO.2, MAP NO.
14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS
GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR
PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED
DECEMBER 28,2005 AS DOCUMENT NO. 2005-1108997 AND GRANTED
PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL
RECORDS
Councilrnember Castaneda seconded the motion and it carried 5-0.
17. CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO DENY CONDITIONAL USE PERMIT (pCC-07-064), AN
APPLICATION BY CONCORDIA LUTHERAN CHURCH TO DEVELOP A
CHURCH AND SCHOOL ON THE COMMUNITY PURPOSE FACILITY (CPF) SITE
IN OTAY RANCH WINDINGWALK VILLAGE II
Concordia Lutheran Church proposes a church, pre-school and elementary/middle school
on a 5.5-acre Community Purpose Facility (CPF) site in Otay Ranch Village 11. If an
amendment to the Sectional Planning Area (SPA) Plan and revisions to the Tentative
Map are approved, the 5.5-acre CPF site would become the focal point center of the
village instead of surrounding the Town Square Park (P-4), and the P-4 park would be
relocated to the northeast corner of Discovery Falls Drive and Windingwalk Street.
(Planning and Building Director)
)~)3
February 5, 2008
Page 13 - Council Minutes
DRAFT
PUBLIC HEARINGS (Continued)
Planning and Building Director Sandoval gave a brief overview on the item, adding that staff
believed the safeguards in the conditional use permit would make the proposed project viable
and a benefit to the neighborhood.
Mayor Cox opened the public hearing. There being no further members of the public who
wished to speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-048,
heading read, text waived:
RESOLUTION NO. 2008-048, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING THE APPEAL OF
CONDITIONAL USE PERMIT (pCC-07-064), REVERSING THE DECISION
OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE
PERMIT (pCC-07-064), AND APPROVING CONDITIONAL USE PERMIT
(pCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA
LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE
ELEMENTARYIMIDDLE SCHOOL, LOCATED IN OTAY RANCH
WlNDINGWALK VILLAGE 11, AT THE TERMINUS OF BIRCH ROAD AT
DISCOVERY FALLS DRIVE
Deputy Mayor Rindone seconded the motion and it carried 5-0.
At 8:31 p.m. Mayor Cox announced a brief recess of the Council meeting.
The Council meeting reconvened at 8:43 p.m., with all members present, except for
Councilmember McCann who was absent from the dais. At this time, Mayor Cox announced
that the Council meeting would recess to convene the joint meetings of the City Council,
Redevelopment Agency, Housing Authority and Public Financing Authority.
Mayor Cox reconvened the Council meeting at 9:21 p.m. with all members present. Item 18 was
heard at this time.
ACTION ITEMS
18. CONSIDERATION OF ADOPTION OF RESOLUTION DIRECTING STAFF TO
IMPLEMENT TELEVISING OF CITY COUNCIL MEETINGS
Adoption of the resolution will direct staff to proceed with the steps necessary to televise
any meetings that are currently being streamed on the Internet, thus expanding the
process for live viewing by citizens who do not have computer access. During the
budgeting process for Fiscal Year 2007/2008, staff included approximately $2,000 to
fund the cost of material, equipment and labor needed for implementation. (Information
Teclmology Services Director)
Director of Information and Technical Services Vignapiano explained the proposed televising of
various meetings implementation.
Page 14 - Council Minutes
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February 5, 2008
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DRAFT
ACTION ITEMS (Continued)
Councilmember McCann did not view the proposed televising as a necessity, and requested that
the matter be postponed for the next budget cycle.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2008-049, heading read,
text waived:
RESOLUTION NO. 2008-049, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH
STEPS NECESSARY TO TELEVISE CITY COUNCIL MEETINGS AND
WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE
MEETINGS ARE APPROPRIATE
Councilmember Castaneda seconded the motion and it carried 4-1, with
Councilmember McCann voting no.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Garcia reminded the Council of the upcoming Council Workshop on Thursday,
February 7,2008 at 6:00 p.m., to discuss the Missing Infrastructure Management Program.
20. MAYOR'S REPORTS
A.
Ratification of the appointment of Susan O'Shaughnessy to the Cultural Arts
Commission.
B.
Ratification of the appointment of Ricardo Balvaneda to the Design Review
Committee.
c.
Ratification of the appointment of Enrique Martinez to the Design Review
Committee.
ACTION:
Mayor Cox moved to approve the ratification of appointment of Susan
O'Shaughnessy, Ricardo Balvaneda, and Enrique Martinez to the Cultural Arts
Commission and Design Review Committee respectively. Councilmember
McCann seconded the motion and it carried 5-0.
Mayor Cox spoke with respect to Mr. Earl Jentz's height initiative, stating that it was important
to know the fiscal impact of the initiative on the City, and therefore, the Council subcommittee
believed that an independently conducted impartial fiscal analysis should be undertaken, with
referral to the City Manager.
Page 15 - Council Minutes
)-1.5
February 5, 2008
DRAFT
OTHER BUSINESS (Continued)
Mayor Cox, on behalf of the Legislative Subcommittee, referred to the City Manager and City
Attorney, a request to present to the Council, an ordinance to be considered by the Council for
adoption, limiting the height of new construction on Third Avenue, between E Street and G
Street to three stories, requiring construction on that segment of property, to be consistent with
nationally-recognized green building standards. She added that this would be a pilot project
example of high quality urban living.
Mayor Cox also requested on behalf of the Legislative Subcommittee, that Council docket a
companion ballot item for the June 8, 2008 election. She stated that Council had expressed its
concem at the January 22,2008 Council meeting regarding the consequences of the Jentz Height
Initiative on hospitals, particularly on Scripps Hospital. The Council Subcommittee concluded
that everyone deserved quality healthcare in well-equipped modern hospital facilities. Since the
last Council Meeting, concerns were also raised regarding the impact of the initiative on the
City's university, courthouses, and senior housing. The Subcommittee directed the City
Manager and City Attorney to draft for the Council's consideration, a companion ballot item that
addresses the unintended consequences of projects that almost everyone typically supports, such
as places of worship and higher education. Mayor Cox believed that everyone recognized that
guidelines for public safety, community and healthcare projects should contain standards that
require case-by-case analysis and are held to environmental scrutiny and public review.
Mayor Cox stated that the City received responses from the Public Utilities Commission and
California Independent Service Operators regarding the decision to demolish and decommission
the plant, and informing the community that the City did not have the ultimate authority to
demolish the plant, that such a decision would be that of the Public Utilities Commission.
Mayor Cox stated that the House of Blues was lining up candidates to begin seeking a new
sponsorship for the Chula Vista amphitheatre.
21. COUNCIL COMMENTS
Councilmember Ramirez encouraged everyone to vote. He then spoke about a recent meeting he
conducted during his public office hours that discussed the expansion of the peaker plant, and
reported that the group present at the meeting were strongly opposed to any expansion, citing
concerns about environmental impacts on the community.
Councilmember Castaneda referenced a letter he received from William Yancy regarding the
quick action taken by Public Works Supervisor, Joseph Burgos, who went above and beyond to
repair a recent sewage spill. Councilmember Castaneda extended his congratulations to Mr.
Burgos.
Page 16 - Council Minutes
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February 5, 2008
DRAFT
OTHER BUSINESS (Continued)
Councilmember McCann spoke about the recent Super bowl event and reminded everyone of the
significant benefits of retaining the San Diego Chargers in our region. He also offered to lend
his support on a financial analysis of the impact of the initiatives.
Deputy Mayor Rindone stated he also held public office hours and would be happy to
accommodate anyone who wished to meet with him. He then stated he attended a recent MMC
public hearing and believed that the California Energy Commission did address questions of the
community, and many of the concerns addressed were resolved. Deputy Mayor Rindone
commented on the January 31, 2008 investment report by Finance Director Kachadoorian, and
was pleased to note that no overall cash flow problems were anticipated for the next six months.
He then invited his colleagues to attend a reception to support retention of the San Diego Junior
Theatre locally. The reception was scheduled for February 8, 2008, at 5:30 p.m. at the San
Diego Junior Theatre.
The Council Meeting adjourned to closed session at 9:57 p.m.
CLOSED SESSION
Items 22, 24, and 25 were not discussed and no action was taken.
22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Cable franchise for the right to operate and provide a cable television system
within the City (pertaining to public rights-of-way throughout the City of Chula Vista,
thereby creating possessory interests in real property pursuant to California Government
Code 953066 and California Revenue and Taxation Code 9107.7).
Agency negotiators: Scott Tulloch and Michael Meacham.
Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara Altbaum); Nexhorizon
Communications (Kevin D. Smiley).
Under negotiation: Price and terms of payment for franchise conveyance.
23. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
One case
ACTION:
Direction was given to legal Counsel to send a letter to Gerald Scott denying
Brown Act Claim.
Page 17 - Council Minutes
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February 5, 2008
DRAFT
CLOSED SESSION (Continued)
24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor No. 644070100
Negotiating Parties: Curt Noland, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor No. 6440801000
Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
ADJOURNMENT
At 10:20 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting of February
7,2008 at 6:00 p.m. in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 18 - Council Mioutes
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." .".' .
SJO~\\O~
\'.~\) ~
ORDINANCE OF THE CITY OF CHlJl.*'i:.~~ AMENDING
SECTION 14.20.110 OF THE ~}{ VISTA MUNICIPAL
CODE AND ADDING SECTte)N"14.20.125 RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE
CONTROL"
ORDINANCE NO.
WHEREAS, on January 24,2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CYMC) Chapter
14.20 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of projects; and
WHEREAS, adding Section 14.20.125 to the CYMC incorporates, by reference, the
City's Development Storm Water Manual, January 2008 into the Storm Water Management and
Discharge Control Ordinance.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 14.20.110 of the Chula Vista Municipal Code is amended to read as
follows:
Chapter 14.20
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Sections:
14.20.010 Purpose and intent.
14.20.020 Scope.
14.20.030 Definitions.
14.20.040 Administration.
14.20.100 Discharge of non-storm water prohibited.
14.20.110 Exemptions to discharge prohibition.
14.20.120 Reduction of pollutants contacting or entering storm water required.
J:\A!tomey\Ordinance\CVMC 14.20 {Slann Water MgnnL02.19.08,DOC 2-1
Ordinance No.
Page 2
14.20.125 Additional Planning, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects.
14.20.130 Containment, cleanup, and notification of spills.
14.20.140 Watercourse protection.
14.20.150 Development inor adjacent to watercourse restricted- Land development, building,
or watercourse permit required.
14.20.160 Illegal connection prohibited.
14.20.170 Proof of compliance required.
14.20.200 Inspection and sampling - General.
14.20.210 Inspection procedures - Additional requirements.
14.20.220 Authority to sample and establish sampling devices.
14.20.230 Testing, monitoring or mitigation required - When.
14.20.300 Concealment.
14.20.310 Administrative enforcement powers.
14.20.320 Administrative notice, hearing, and appeal procedures.
14.20.330 Judicial enforcement.
14.20.340 Violations deemed a public nuisance.
14.20.350 Remedies not exclusive.
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
14.20.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety, and general welfare of the citizens
of the City ofChula Vista by:
A. Prohibiting non-storm water discharges to the storm water conveyance system.
B. Preventing discharges to the storm water conveyance system from spills, dumping or
disposal of materials other than storm water.
C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm
water as it flows over urban areas (urban runoff), to the maximum extent practicable.
D. Reducing pollutants in storm water discharges in order to achieve applicable water quality
objectives for surface waters in San Diego County.
The intent of this chapter is to protect and enhance the water quality of our watercourses,
water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33
USCA Section 1251, et seq.) and its implementing regulations, the Porter-Cologne Water
Quality Control Act (California Water Code section 13020, et seq.) and its implementing
regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS
0108758) and any subsequent amendments thereto.
14.20.020 Scope.
This chapter shall be interpreted in accordance with the definitions set forth herein and the
provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the
City's storm water conveyance system.
Further, this chapter shall be interpreted in accordance with the requirements of the federal
Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing
regulations; NPDES Permit No. CAS 0108758 and any amendment, revision, or reissuance
thereof; and the purposes and intent of this chapter.
This chapter, among other things, provides for the prohibition of non-storm water discharges
to the storm water conveyance system, the prohibition of illegal connections to the storm water
conveyance system, the requirement that all persons reduce the volume and character of
J:\Auomey\Qrdinal1ce\CVMC 14.20 (Storm Water MgmIL02-19-08.DOC 2 - 2
Ordinance No.
Page 3
pollutants related to urban activity entering the storm water conveyance system to the maximum
extent practicable, and the establishment of enforcement mechanisms for violation of this
chapter, including civil and criminal fines and penalties.
14.20.030 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in
this section:
A. "Basin plan" shall mean the "Comprehensive Water Quality Control Plan for the San Diego
Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September
1994), and approved by the State Water Resources Control Board, together with subsequent
amendments.
B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce, to the maximum
extent practicable, the discharge of pollutants directly or indirectly to waters ofthe United States.
BMPs also include treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
C. "Building permit" shall mean a permit issued by the building official pursuant to Chapter
15.20 CYMC.
D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan
for Ocean Waters of California" adopted by the State Water Resources Control Board in July,
2005, and any subsequent amendments.
E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public
Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA
Section 1251, et seq.), and any subsequent amendments.
F. "County health officer" shall mean the health officer of the County of San Diego
Department of Public Health or designee.
G. "Development" shall mean:
1. The placement or erection of any solid material or structure on land, in water, or under
water;
2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or
thermal waste;
3. The grading, removing, dredging, mining, or extraction of any materials;
4. A change in the density or intensity of the use of land, including, but not limited to, a
subdivision pursuant to the Subdivision Map Act (Government Code section 66410, et seq.) and
any other division of land, except where the division of land is brought about in connection with
the purchase of such land by a public agency for public recreational use;
5. A change in the intensity of the use of water, or of access thereto;
6. The construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal entity; and
7. The removal or harvesting of major vegetation other than for agricultural purposes.
As used in this definition, "structure" includes, but is not limited to, any building, road, pipe,
flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and
distribution line. (Source: Government Code section 65927).
H. "Employee training program" shall mean a documented employee training program for all
persons responsible for implementing a storm water pollution prevention plan. The employee
training program shall include, but is not limited to, the following topics:
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1. Laws, regulations, and local ordinances associated with storm water pollution prevention,
and an overview of the potential impacts of polluted storm water on the receiving waters of the
San Diego region;
2. Proper handling of all materials and wastes to prevent spillage;
3. Mitigation of spills including spill response, containment and cleanup procedures;
4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the
storm water conveyance system;
5. Discussion of the differences between the storm water conveyance system and the
sanitary sewer system;
6. Identification of all on-site connections to the storm water conveyance system;
7. Preventive maintenance and good housekeeping procedures;
8. Material management practices employed by the facility to reduce or eliminate pollutant
contact with storm water discharge.
r. "Enclosed bays and estuaries plan" means the "California Enclosed Bays and Estuaries Plan:
Water Quality Control Plan for the Enclosed Bays and Estuaries of California," adopted by the
State Water Resources Control Board on November 16, 1995, and all subsequent amendments.
1. "Enforc.ement agency" shall mean the City of Chula Vista or its authorized agents charged
with ensuring compliance with this chapter.
K. "Enforcement official" shall mean the Director of Public Works or his or her designee.
L. "Hazardous materials" shall mean any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances may cause
substantial injury, serious illness or harm to humans, domestic livestock, or wildlife.
M. "Illegal connection" shall mean any physical connection to the storm water conveyance
system which has not been permitted by the City of ChuIa Vista or the San Diego Regional
Water Quality Control Board, or which drains illegal discharges either directly or indirectly into
the storm water conveyance system.
N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is
not composed entirely of storm water, or is expressly prohibited by federal, state, or local
regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0108758, or degrades the
quality of receiving waters in violation of any plan water quality objective.
O. "Inland surface water plan" means the "California Inland Surface Waters Plan: Water
Quality Control Plan for Inland Surface Waters of California" adopted by the State Water
Resources Control Board on April 1991, and all amendments thereto.
P. "Land development permit" shall mean a permit issued by the Director of Engineering and
General Services pursuant to Chapter 15.04 CYMe.
Q. "Maximum extent practicable (MEP)" shall mean the technology-based standard
established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers
of storm water discharges must meet. MEP generally emphasizes pollution prevention and
source control BMPs primarily in combination with treatment methods serving as a backup.
R. "National Pollutant Discharge Elimination System (NPDES) permit" shall mean a permit
issued by the Regional Water Quality Control Board or the State Water Resources Control
Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges
from point sources to waters of the United States, including, but not limited to:
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1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS
0108758), NPDES municipal permit - Waste Discharge Requirements for Discharges of Urban
Runoff from the Municipal Separate Storm Sewer Systems (MS4s) draining the Watersheds of
the County of San Diego, the Incorporated Cities of San Diego County, the San Diego Unified
Port District, and the San Diego Count Regional Airport Authority
2. NPDES general permit for storm water discharges associated with industrial activities;
3. NPDES general permit for storm water discharges associated with construction activity;
and
4. California Regional Water Quality Control Board, San Diego Region, general dewatering
permits.
S. "NPDES general permit" shall mean a permit issued by the State Water Resources Control
Board, including, but not limited to:
1. NPDES general permit for storm water discharges associated with industrial activities;
and
2. NPDES general permit for storm water discharges associated with construction activity.
T. "Non-storm water" shall mean any water conveyed to the storm water conveyance system
that is not entirely composed of storm water (also see definition of "storm water").
U. "Parking lot" shall mean an open area, other than a street or other public way, used for the
parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or
to accommodate residents of multifamily dwellings (i.e., apartments, condominiums,
townhomes, mobilehomes, dormitories, group quarters, etc.).
V. "Person" shall mean any individual, organization, business trust, company, partnership,
entity, firm, association, corporation, or public agency, including the state of California and the
United States of America.
W. "Plan water quality objective" means any or all applicable requirements of the basin plan,
the enclosed bays and estuaries plan, the inland surface water plan, and the California ocean
plan.
X. "Pollutant" may include, but is not limited to, solid waste, sewage, garbage, medical waste,
wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment,
industrial waste, and any organic or inorganic contaminant whose presence degrades the quality
of the receiving waters in violation of basin plan or California ocean plan standards. "Pollutant"
includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic
carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC),
lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides.
A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2
and any contaminant which degrades the quality of the receiving waters in violation of basin plan
or California ocean plan standards by altering any of the following parameters: pH, total
suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand
(COD), nutrients, and temperature.
Y. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land,
whether improved or unimproved.
Z. "Receiving waters" shall mean surface bodies of water, as described in NPDES Permit No.
CAS 0108758, which serve as discharge points for the storm water conveyance system,
including creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific
Ocean.
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AA. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a
discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely
impact human health or the environment; or cause or contribute to a violation of any water
quality standards applicable to the receiving water.
BB. "Storm water" shall mean urban runoff and snow melt runoff consisting of only those
discharges which originate from precipitation events. Storm water is that portion of precipitation
that flows across a surface to the storm water conveyance system or receiving waters.
For the purposes of this chapter, storm water runoff and drainage from areas that are in a
natural state, have not been significantly disturbed or altered, either directly or indirectly, as a
result of human activity, and the character and type of pollutants naturally appearing in the
runoff that have not been significantly altered, either directly or indirectly, as a result of human
activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this
chapter.
CC. "Storm water conveyance system" means those municipal, private andlor natural facilities
within the City of Chula Vista by which storm water may be conveyed to waters of the United
States, including any roads with drainage systems, municipal streets, catch basins, and
watercourses.
DD. "Storm water pollution prevention plan" shall mean a document which describes the on-
site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm
water conveyance system to the maximum extent practicable.
A storm water pollution prevention plan prepared and implemented pursuant to any NPDES
permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of
this chapter.
EE. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a
definite direction or course, either continuously or intermittently, and which has a definite
channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary
flow but also includes land covered during times of high water. "Watercourse" does not include
any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, arroyo or wash.
FF. "Watercourse permit" shall mean a permit issued by the director of Engineering and
General Services pursuant to Chapter 14.08 CYMC.
GG. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
"Wetlands" generally includes swamps, marshes, bogs, and similar areas.
14.20.040 Administration.
The Enforcement Official shall administer, implement, and enforce the provisions of this
chapter. Any powers granted to, or duties imposed upon, the Enforcement Official may be
delegated by the enforcement official to persons in the employ of the City, or pursuant to
contract.
When deemed necessary by the Enforcement Official, the Enforcement Official shall prepare
and present to the City Council for approval regulations and programs consistent with the general
policies established herein by the City Council. The Enforcement Official shall enforce Council-
approved regulations necessary to the administration of this chapter, and may recommend that
the Council amend such regulations and programs from time to time, as conditions require.
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14.20.100 Discharge of non-storm water prohibited.
A. It is unlawful for any person to discharge non-storm water into the storm water conveyance
system, except as provided in CYMC 14.20.110.
B. It is unlawful for any person to cause either individually or jointly any discharge into or
from the storm water conveyance system that results in or contributes to a violation of any
NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder
caused by such discharge shall be the responsibility of the person( s) causing or responsible for
the discharge.
14.20.110 Exemptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in CYMC 14.20.100;
provided, that they do not cause or significantly contribute to violations of the water quality
standards set forth in any plan water quality objective or convey significant quantities of
pollutants to receiving waters, or are a danger to public health and safety:
A. Any discharge or connection regulated under an NPDES permit issued to the discharger
and administered by the state of California pursuant to Chapter 5.5, Division 7 of the California
Water Code; provided, that the discharger is in compliance with all requirements of the permit
and other applicable laws, and regulations, and programs.
B. Discharges from the following activities will not be considered a source of pollutants to
waters of the United States:
1. Diverted steam flows;
2. Rising Ground Water;
3. Uncontaminated ground water infiltration [as defined in 40 CFR 35.2005(20)] to MS4s;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources not subject to NPDES Permit No. CAG679001,
other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing; and
17. Dechlorinated swimming pool discharges.
C. Any discharge which the enforcement agency, the County Health Officer, the Regional
Water Quality Control Board and/or the u.s. Environmental Protection Agency determines in
writing is necessary for the protection of the public health and safety.
14.20.120 Reduction of pollutants contacting or entering storm water required.
Any person engaged in activities which may result in pollutants entering the storm water
conveyance system shall, to the maximum extent practical, undertake all measures to reduce the
risk of illegal discharges. The following requirements shall apply:
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A. Best Management Practices Implementation. It is unlawful for any person not to comply
with BMPs and pollution control requirements established by the City or other responsible
agency to eliminate or reduce pollutants entering the City's storm water conveyance system.
BMPs shall be complied with throughout the life of the activity.
B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a
business or business-related activity causes or may cause an illegal discharge to the storm water
conveyance system, then the enforcement official may require the business to develop and
implement a storm water pollution prevention plan (SWPPP). Businesses which may be required
to prepare and implement a SWPPP include, but are not limited to, those which perform
maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and/or
cleanup activities partially or wholly out of doors.
C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject
to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of the
California Health and Safety Code, shall include provisions for compliance with this chapter in
its hazardous materials response plan, including prohibitions of unlawful non-storm water
discharges and illegal discharges, and provisions requiring the use of BMPs to reduce the
discharge of pollutants in storm water.
D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface
(including, but not limited to, service station pavements or paved private streets and roads) used
for automobile-related or similar purposes shall clean those surfaces as frequently and as
thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to
the City's storm water conveyance system. Sweepings or cleaning residue from parking lots or
impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water
conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste
procedures and practices.
E. Compliance with NPDES Permit for Storm Water Discharges. Each discharger subject to
any NPDES permit for storm water discharges shall comply with all requirements of such
permit.
14.20.130 Containment, cleanup, and notification of spills.
It is unlawful for any person owning or occupying any premises who has knowledge of any
release of significant quantities of materials, pollutants, or waste which may result in pollutants
or non-storm water discharges entering the City's storm water conveyance system to not
immediately take all reasonable action to contain, minimize, and clean up such release. Such
person shall notify the City of Chula Vista of the occurrence and/or the County of San Diego
Department of Health Services/Environmental Health Services Hazardous Materials
Management Division, and any other appropriate agency of the occurrence as soon as possible,
but no later than 24 hours from the time of the incident's occurrence.
14.20.140 Watercourse protection.
In addition to the prohibitions relating to watercourses and the requirements for watercourse
permits set forth in Chapter 14.08 CYMC, it is unlawful for any person owning and/or occupying
property through which a watercourse passes to fail or refuse to:
A. Keep and maintain that part of the watercourse within the property free of trash, debris, and
other obstacles which would pollute, contaminate, or significantly retard the flow of water
through the watercourse.
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B. Maintain existing privately owned structures within or adjacent to a watercourse so that
such structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
C. Keep and maintain healthy bank vegetation in such a manner as to minimize the
vulnerability of the watercourse to erosion.
14.20.150 Development in or adjacent to watercourse restricted - Land development,
building, or watercourse permit required.
No person shall carry out development within 30 feet of the centerline of any watercourse or
within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of
the creek bank, unless a' land development, building, or watercourse permit has first been
obtained. The City Officer issuing said permit is hereby granted the authority to establish
controls on the volume and rate of storm water runoff from such new development as may be
reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum
extent practicable in the granting or conditioning the granting of such permit.
14.20.160 Illegal connection prohibited.
It is unlawful for any person to establish, use, or maintain any illegal connection to the storm
water conveyance system, regardless of whether such connection was made under a permit or
other authorization or whether permissible under the law or practices applicable or prevailing at
the time of the connection, except as authorized in CYMC 14.20. I 10(A).
14.20.170 Proof of compliance required.
Proof of compliance with this chapter may be required in a form acceptable to the City prior to
or as a condition of a subdivision map, site plan, development improvement plan, building
permit, grading permit or any other permit or activity which may affect the storm water
conveyance system and/or the waters entering it. Proof of compliance shall be furnished upon
request of the enforcement official.
14.20.200 Inspection and sampling - General.
A. After obtaining legal entry to any premises in accordance with CYMC 1.16.010 or by
consent, the representative of the enforcement agency shall have the right to:
I. Carry out any inspection and sampling activities on the premises as may be necessary to
enforce the provisions and requirements of this chapter. Upon request, split samples shall be
given to the owner and/or occupant of the premises.
2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or
being used to transport an illegal discharge to the storm water conveyance system.
3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an
illegal discharge or to determine if the requirements of this chapter have been met.
4. Photograph any effluent stream, material or waste, material or waste container, container
label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm
water pollution and constituting a violation of this chapter found during an inspection.
5. Inspect and copy pertinent records relating to the facility's operations, including
inventories, chemical usage, materials, sources, hazardous materials manifests and disposal
records, treatment and operations log books, and materials invoices.
6. Review and obtain a copy of the storm water pollution prevention plan prepared by the
owner and/or occupant or facility operator, if such a plan is required.
7. Require the owner and/or occupant or facility operator to retain evidence, as instructed by
the inspector, for a period not to exceed 30 days.
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8. Review and obtain copies of all storm water monitoring data compiled by the owner
and/or occupant or facility operator, if such monitoring is required.
9. Review and obtain copies of all records related to handling of pollutants and hazardous
materials.
B. The Enforcement Official may conduct routine or area inspections, which shall be based
upon such reasonable selection processes as may be deemed necessary to carry out the objectives
of this chapter, including, but not limited to, random sampling or sampling in areas with
evidence of storm water contamination, illegal discharges, discharge of non-storm water to the
storm water conveyance system, or similar factors.
C. All enforcement officials shall have adequate identification. Enforcement officials and
other authorized personnel shall identify themselves when entering any property for inspection
purposes or when inspecting the work of any contractor.
14.20.210 Inspection procedures - Additional requirements.
During the inspection, the Enforcement Official shall comply with all reasonable security,
safety, and sanitation measures. In addition, the Enforcement Official shall comply with
reasonable precautionary measures specified by the owner and/or occupant or facility operator.
At the conclusion of the inspection, and prior to leaving. the site, the Enforcement Official
shall make every reasonable effort to review with the owner and/or occupant or the facility
operator each of the violations noted by the Enforcement Official and any corrective actions that
may be necessary. A report listing any violation found by the Enforcement Official during the
inspection shall be kept on file by the enforcement agency. A copy of the report shall be
provided to the owner and/or occupant or facility operator, or left at the premises if no person is
available. If corrective action is required, then the occupant, facility owner, and/or facility
operator shall implement a plan of corrective action based upon a written plan of correction,
submitted to the enforcement agency, which states the corrective actions to be taken and the
expected dates of completion. Failure to implement a plan of correction constitutes a violation of
this chapter.
14.20.220 Authority to sample and establish sampling devices.
With the consent of the property owner or occupant or pursuant to an inspection warrant, the
Enforcement Official is authorized to establish on any property that discharges directly or
indirectly to the municipal storm water conveyance system such devices as are necessary to
conduct sampling or metering operations. During all inspections as provided herein, the Official
may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit
of the inquiry or in the recordation of the activities on-site.
14.20.230 Testing, monitoring or mitigation required - When.
A. The Enforcement Official may require that any person engaged in any activity and/or
owning or operating any facility which causes or may contribute to storm water pollution or
contamination, illegal discharges, and/or discharge of non-storm water to the storm water
conveyance system perform monitoring, including physical and chemical monitoring and/or
analyses, and furnish reports as the Enforcement Official may specify, if:
1. The person, or facility owner or operator, fails to eliminate illegal discharges within a
specified time after receiving a written notice to do so by the Enforcement Official; or
2. The Enforcement Official has documented repeated violations of this chapter by the
person or facility owner, or operator, which have caused or contributed to storm water pollution.
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It is unlawful for such person or facility owner or operator to fail or refuse to undertake and
provide the monitormg, analyses, and/or reports specified. Specific monitoring criteria shall bear
a relationship to the types of pollutants which may be generated by the person's activities or the
facility's operations. If the enforcement agency has evidence that a pollutant is originating from
a specific premises, then the enforcement agency may require monitoring for that pollutant
regardless of whether said pollutant may be generated by routine activities or operations. The
person or facility owner or operator shall be responsible for all costs of these activities, analyses
and reports.
B. Any persons required to monitor, pursuant to subsection (A) of this section, shall
implement a storm water monitoring program including, but not limited to, the following:
1. Routine visual monitoring for dry weather flows;
2. Routine visual monitoring for spills which may pollute storm water runoff;
3. A monitoring log including monitoring date, potential pollution sources, as noted in
subsections (B)(I) and (2) of this section, and a description of the mitigation measures taken to
eliminate any potential pollution sources.
C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer
necessary by the enforcement official, then any or all of the requirements contained in
subsections (A) and (B) of this section may be discontinued.
D. A storm water monitoring program prepared and implemented pursuant to any state-issued
NPDES general permit shall be deemed to meet the requirements of a monitoring program for
the purposes of this chapter. All monitoring data and analytical evaluation/assessment reports
required by such a permit shall be submitted to the City at the same time the data and reports are
submitted to the Regional Water Quality Control Board.
14.20.300 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter
is unlawful and shall constitute a separate violation of this chapter..
14.20.310 Administrative enforcement powers.
The enforcement agency and Enforcement Official can exercise any enforcement powers as
provided in CYMC Title 1. In addition to the general enforcement powers provided in CYMC
Title 1, the enforcement agency and Enforcement Official have the authority to utilize the
following administrative remedies as may be necessary to enforce this chapter:
A. Cease and Desist Orders. When the Enforcement Official finds that an illegal discharge has
or is likely to occur or an illegal connection is in place, the Enforcement Official may issue an
order to cease and desist such discharge, practice, or operation likely to cause such discharge and
direct that those persons not complying shall:
1. Comply with the applicable provisions and policies of this chapter;
2. Comply with a time schedule for compliance, which may consist of a duty to cease and
desist immediately; and
3. Take appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean and Abate. Whenever the Enforcement Official finds any oil, earth, dirt,
grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or
upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or
grounds, which may result in an increase in pollutants entering the City's storm water
conveyance system or a non-storm water discharge to the City's storm water conveyance system,
the enforcement official may issue orders and give written notice to remove same in any
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reasonable manner. The recipient of such notice shall undertake the activities as described in the
notice.
C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to
establish elements of a storm water pollution prevention plan, and to require any owner or
occupier of any premises to adopt and implement such a plan, pursuant to CYMC 14.20.120(B),
as may be reasonably necessary to fulfill the purposes of this chapter.
D. Employee Training Program. The Enforcement Official shall have the authority to establish
elements of an employee training program, as may be necessary to fulfill the purposes of this
chapter, where such a program has been required as an element of a storm water pollution
prevention plan.
E. Best Management Practices. The Enforcement Official may establish the requirements of
BMPs for any premises pursuant to CYMC 14.20.040.
F. Civil Penalties. Notwithstanding any other provisions of the Municipal Code, a person who
violates any of the provisions of this chapter or who fails to implement a storm water monitoring
plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or
implement a storm water pollution prevention plan as directed by the enforcement official shall
be liable for a civil penalty not to exceed $10,000 for each day such a violation exists. The
violator shall also be charged for the full costs of any investigation, inspection, or monitoring
survey which led to the detection of any such violation; for abatement costs; and for the
reasonable costs of preparing and bringing legal action under this subsection. In addition to any
other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter
1.30 CYMC to enforce the violator's liability. The violator may also be liable for compensatory
damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life.
G. Administrative Citations. Notwithstanding any other provision of the Municipal Code, a
person who violates any provision of this chapter or disobeys an enforcement order may be
issued an administrative citation by the enforcement official requiring immediate corrective
action and imposing an administrative fine in an amount as set forth in CYMC 1.41.IOO(D)(I).
14.20.320 Administrative notice, hearing, and appeal procedures.
A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice
required to be given by the Enforcement Official under this chapter shall be in writing and served
in accordance with CYMC 1.40.030.
B. Notice Contents. Notwithstanding any other provision of the Municipal Code, when the
Enforcement Official detennines that a violation of one or more provisions of this chapter exists
or has occurred, any violator(s) may be served with a written notice of violation and order. The
notice and order shall state the Municipal Code section violated, describe how violated, the
location, date(s) and time(s) of the violation(s), and describe the corrective action required. The
notice and order may require immediate corrective action by the violator(s) and explain which
method( s) of enforcement the City is utilizing. The notice and order shall explain the
consequences of failing to comply. Finally, the notice and order shall identify all hearing/appeal
rights and specify the issuing officer.
C. Hearings and Appeals. Notwithstanding any other provision of the Municipal Code, a
violator may request a hearing to contest the Enforcement Official's determination that a
violation has occurred. Such request must be in writing and received by the City within 10
calendar days of service of the notice of violation (or 30 calendar days for out-of-state residents)
in a form approved by the Enforcement Official. If the City does not receive such a written
request within 10 calendar days (or 30 calendar days for out-of-state residents), it shall constitute
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a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
Once a request for hearing is received, the hearing shall be conducted pursuant to CYMC
1.40.020(B) through (1) and 1.40.070. If the violator(s) fails to attend the hearing, it shall
constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice
and order.
14.20.330 Judicial enforcement.
A. Criminal Penalties. Notwithstanding CYMC 1.20.010, any person who violates any
provision of this chapter or who fails to implement a storm water monitoring plan, violates any
cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water
pollution prevention plan as directed by the enforcement official shall be punished, upon
conviction, by a fine not to exceed $ 1 0,000 for each day in which such violation occurs, or
imprisonment in the San Diego County jail for a period not to exceed one year, or both.
B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water
conveyance system is in violation of the provisions of this chapter or otherwise threatens to
cause a condition of contamination, pollution, or nuisance, the Enforcement Official may also
cause the City to seek a petition to the superior court for the issuance of a preliminary or
permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in
restraining the continuance of such discharge.
C. Other Civil Action. Whenever a notice and order or Hearing Officer's decision is not
complied with, the City Attorney may, at the request of the Enforcement Official, initiate any
appropriate civil action in a court of competent jurisdiction to enforce such notice and order and
decision, including the recovery of any unpaid storm drain fees and/or civil penalties provided
herein.
14.20.340 Violations deemed a public nuisance.
In addition to the other civil and criminal penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to the public
health, safety, and welfare and is declared and deemed a public nuisance, which may be
summarily abated and/or restored as directed by the Enforcement Official in accordance with the
procedures identified in this chapter or Chapter 1.30 CYMC. A civil action to abate, enjoin or
otherwise compel the cessation of such nuisance may also be taken by the City, if necessary.
The full cost of such abatement and restoration shall be borne by the owner of the property,
and the cost thereof shall be a lien upon and against the property in accordance with the
procedures set forth in Chapter 1.30 CYMC.
14.20.350 Remedies not exclusive.
Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and
criminal penalties provided by law, including, but not limited to, penalty provisions of the
federal Clean Water Act and/or the State Porter-Cologne Water Quality Control Act. The seeking
of such federal and/or state remedies shall not preclude the simultaneous commencement of
proceedings pursuant to this chapter.
14.20.360 Civil penalties to be deposited in the storm drain revenue fund.
Any civil penalties collected by the City as a result of violations of this chapter shall be
deposited in the storm drain revenue fund.
J:\Attorney\Ordinance\CVMC 14.20 {Stonn Water Mgmt)_02-19.08.DOC
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"
Ordinance No.
Page 14
SECTION II: That Section 14.20.125 is added to the Chula Vista Municipal Code to read as
follows:
14.20.125 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. No land owner or
development project proponent in the City of Chula Vista shall receive any City permit or
approval for land development activity or significant redevelopment activity unless the project
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manual.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
. Phased grading during construction (limitation of grading to a maximum disturbed area
before either temporary or permanent erosion controls are implemented).
. Compliance with Low Impact Development (LID) principals.
. Compliance with Interim Hydromodification criteria and Hydrograph Modification
Management Plan (HMP) requirements.
. Compliance with Post-Construction Best Management Practices self inspections,
maintenance, record keeping, and maintenance certification.
The City of Chula Vista generally accepts standards established in the most up-to-date editions
of the following documents for Best Management Practices, however, the City Engineer will
make the fmal determination to approve or disapprove any proposed BMPs:
. Stormwater Best Management Practices Handbooks developed by the California
Stormwater Quality Association
. CAL TRANS Treatment BMP Technology Report
. County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must be
approved in an agreement that runs with the land in perpetuity prior to the issuance of a grading
or other construction permit.
SECTION III: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
~<1'.~ ~,~\\..
Ann Moore '
City Attorney
Dave Byers
Director of Public Works
l:\Altomey\Ol'liimmcc\CYMC 14.20 (Storm Water MgmIL02-l9-QS.DOC
2-14
R'\\O~
ORDINANCE NO. ~\) tr\)O
0~
ORDINANCE OF THE CITY OF C~~~VISTA ADDING
SECTION 15.04.018 TO THE ..a~Jr VISTA MUNICIPAL
CODE RELATING TO S~ItXCAVATION, GRADING,
CLEARING, GRUBBING AND FILLS"
WHEREAS, on January 24,2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CYMC) Chapter
15.04 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of proj ects; and
WHEREAS, adding Section 15.04.018 to CYMC Chapter 15.04 incorporates, by
reference, the City's Development Storm Water Manual, January 2008 into the Excavation,
Grading, Clearing, Grubbing and Fills Ordinance.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION 1. That Section 15.04.018 is added to the Chula Vista Municipal Code to read as
follows:
Chapter 15.04
EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS*
Sections:
15.04.005 Purpose and intent of provisions.
15.04.010 Defmitions.
15.04.015 Permit required for all land development work and soil investigations.
15.04.017 Otherrequired permits.
15.04.018 Additional Planning, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects.15.04.020 Compliance with
conditions and specifications required - Deviations from standards permitted when.
15.04.025 Provisions not to affect other code requirements.
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Ordinance No.
Page 2
15.04.030 Facilities within public rights-of-way - Assignment of costs.
15.04.035 Commencement and completion of work - Extension of time.
15.04.040 Slopes - Design requirements generally.
15.04.045 Building pads - Design requirements.
15.04.050 Embankment requirements - Soil engineer may be required.
15.04.055 Expansive soil grading requirements.
15.04.060 Landscaping and irrigation system.
15.04.065 Slopes - Tops and toes to be rounded.
15.04.070 Slopes - Blending into existing terrain.
15.04.075 Slopes - Horizontal slope rounding.
15.04.080 Preservation of existing monuments.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
15.04. I 00 Building construction - Land development permit required - Prerequisite to building
permit.
15.04.105 Damaged or disused public improvements - Notification - Corrective action required.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
15.04.115 Safety precautions.
15.04.120 Fence specifications - Modification permitted when.
15.04.125 Noncompliance.
15.04.130 Modification of approved plans.
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
15.04.140 Completion of work - Final reports.
15.04.145 Notification of completion.
15.04.150 Exemptions from applicability designated.
15.04.155 Contractor - Qualifications required.
15.04.160 Work to be performed by licensed contractor.
15.04.165 Inspection ofland development work - Responsibility therefor.
15.04.170 Transfer of responsibility for approval.
15.04.175 Plans and reports to be prepared by engineers.
15.04.180 Private contract performance bond - Required when - Issuance conditions generally.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
15.04.190 Private contract performance bond - Principal or surety liable for cost of completing
work when.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
15.04.205 Private contract performance bond - Not required when.
15.04.210 Private contract performance bond - Required from certain contractors when -
Exception.
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Ordinance No.
Page 3
15.04.215 Private contract performance bond - Conditions - Compliance with certain terms and
provisions required.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
15.04.225 Release of bonds/security.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
15.04.235 City Engineer - Powers and duties generally.
15.04.240 City Engineer - Authority to determine applicablefees.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
15.04.250 City Engineer - Grounds for cancelling permit or amending plans.
15.04.255 Appeals - Authorized when - Determination authority.
15.04.260 Appeals - Time limit for filing - Form.
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
15.04.270 Permits - Application - Detailed plans and specifications required.
15.04.275 Permits - Issuance - Prerequisites and contents.
15.04.280 Investigations authorized and required when - Fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
15.04.295 Fees - Schedule for computation.
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
15.04.315 Abatement of dangerous conditions.
15.04.320 Emergency abatement by City - Liability for costs.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
15.04.330 Conflicts.
. For statutory provisions authorizing cities to abate building nuisances, see Health and Safety Code 9 17980, et seq.; for
statutory requirement for cities to pass a soil testing ordinance, see Health and Safety Code 99 17953 - 17957.
15.04.005 Purpose and intent of provisions.
The purpose of this chapter is to establish minimum requirements for land development work,
to provide for the issuance of permits and for the enforcement of the requirements. These
provisions are supplementary and additional to the subdivision and zoning regulations of this
code and shall be read and construed as an integral part of said regulations and the land
development patterns and controls established thereby. It is the intent of the City Council to
protect life and property and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic feasibility, the natural scenic
character of the City. In administering these provisions, the following goals should be respected:
A. Ensuring that future development of lands, particularly in the hilly areas of the City, occurs
in the manner most compatible with surrounding areas and so as to have the least adverse effect
upon other persons or lands, or upon the general public;
B. Ensuring that soil will not be stripped and removed from lands in the more scenic parts of
the City, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards
of subsidence and faulty drainage;
C. Encouraging the planning, design and development of building sites in such fashion as to
provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage of the best use of the natural terrain;
l:\AltorneyIQrdinance\CVMC 15.04 (Excavation. Gradingl_OZ.\9-48,DOC
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Ordinance No.
Page 4
D. Encouraging and directing special attention toward retaining, insofar as practical, the
natural planting and a maximum number of existing trees;
E. Ensuring any impact to sensitive biological resources, as defined by CYMC 17.35.030. is
consistent with the goals and policies of the Chula Vista MSCP subarea plan.
15.04.010 DefInitions.
The following words and phrases, when used in this chapter, shall be construed as defined in
this section:
"Appurtenant structures" means manmade structures related to and necessitated by the
proposed grading and includes paved drainage ditches, inlet structures, lined channels, culverts,
outlet structures and retaining walls.
"Building pad" means that portion of an embankment and/or excavation contained within an
area bounded by a line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the
building pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within
the lot or parcel.
"Certify" or "certification" means a signed written statement that the specific inspection and
tests which were required have been performed and that the works comply with the applicable
requirements of this chapter, the plans, and the permit.
"Clearing" means the cutting of natural vegetation by any means, without disturbance to the
soil and root system.
"Clearing and grubbing permit" means a permit issued pursuant to this chapter that allows
clearing and grubbing that is not in association with other land development work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable
procedures.
"Contract, private" means an agreement between a property owner and a qualified contractor
to do land development work.
"Contractor" means a contractor licensed by the state to do work covered by this chapter. A
contractor may be authorized to act for a property owner in doing such work.
"Embankment" or "fill" means any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the
conditions resulting therefrom.
"Embankment, uncontrolled" means any embankment constructed as land development on
which no soil testing was performed or no compaction reports or other soil reports were prepared
or submitted.
"Engineer, private" means a civil engineer registered by the state. A private engineer may be
authorized to act for a property owner in doing work covered by this chapter.
"Engineering geologist" means a certified engineering geologist, registered by the state, who
is engaged in the practice of applying geological principles and data to engineering problems
dealing with naturally occurring rock and soil for the purpose of assuring that geological factors
are recognized and adequately interpreted in engineering practice.
"Erosion" means the process by which the ground surface is worn away by the action of water
or wind.
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut
into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the
conditions resulting therefrom.
J:\Attomey\Ordinance\CYMC 15.04 {Excavation, GradingL02-19.oS.DOC
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Ordinance No.
Page 5
"Grade" means the elevation and cross-sections established for the finished surface. All grades
shall be based upon the official datum of the City.
"Grading" means any excavating or filling or combination thereof and shall include the land in
its excavated or filled conditions.
"Grubbing" means the removal of natural vegetation by any means including removal of the
root system.
"Land development permit" means a permit issued pursuant to this chapter to conduct land
development work.
"Land development work" means the making of excavations and embankments on private
property and the construction of slopes, drainage structures, fences and other facilities incidental
thereto, where it is necessary to safeguard life, limb, health, property and public welfare by
regulating and controlling the design, construction and quality of materials. Land development
work also includes other associated grading, and clearing and/or grubbing conducted in
preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs
professional work in physical land planning and integrated land development, including the
design oflandscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by
resolution of the City Council.
"Minor slope" means a slope four feet or less in vertical dimension in either cut or fill,
between single-family lots and not parallel to any roadway.
"Natural terrain" means the original contour of a site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property which will be
benefited by the proposed land development work.
"Property, public" means property owned in fee by the City, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public
right-of-way designed for the public use, safety or general welfare.
"Public rights-of-way" means public easements or dedications for streets, alleys and/or other
use.
"Rough grading" is the condition where the ground surface approximately conforms to the
design grade, generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior
to any grading.
"Soil engineer" means a civil engineer registered by the state who submits evidence to the
satisfaction of the City Engineer that:
1. He is engaged in the practice of civil engineering and spends a majority of his time in the
field of applied soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil
mechanics;
3. He is qualified to make the investigations and determinations, render the reports and
opinions, and perform the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the City Engineer
as qualified to perform soil engineering under the provisions of this chapter.
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"Soil, expansive" means any soil which swells more than three percent when prepared and
tested by a method approved by the City Engineer.
"Subdivider" means a person, firm, corporation, partnership or association who causes land to
be divided into one or more subdivisions for himself or others as defined by those sections of the
Govermnent Code known as the Subdivision Map Act.
15.04.015 Permit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or shall
cause to be done any land development work without first having obtained either a land
development permit or clearing and grubbing permit to do such work and having held a
pregrading or preclearing meeting if required by the City Engineer, except as provided in CYMC
15.04.150.
Soil investigations by a soil engineer or engineering geologist which involves trenching or
scarifying of the natural terrain shall require a permit. A special investigation fee shall be paid
prior to issuance of such permit.
15.04.017 Other required permits.
Prior to the City's issuance of a land development permit or clearing and grubbing permit, the
applicant shall show compliance with a habitat loss and incidental take (HUT) permit issued
pursuant to Chapter 17.35 CYMC, for areas that contain sensitive biological resources, as
defined by CYMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defmed by CYMC 17.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CYMC 17.35.030; or
C. One hundred (100) percent conservation areas, as defmed by CYMC 17.35.030.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that contain sensitive biological resources, as defmed by CYMC 17.35.030, and are within
the development areas of covered projects, as defined by CYMC 17.35.030. the applicant shall
show compliance with all applicable provisions of previous project entitlements issued by the
City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea
plan, as determined by the director of planning and building or designee.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that will result in impacts to wetlands or to listed noncovered species, as defined by CYMC
17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or
state permits.
15.04.018 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. No land owner or
development project proponent in the City of Chula Vista shall receive any City permit or
approval for land development activity or significant redevelopment activity unless the project
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manaul.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
Phased grading during construction (limitation of grading to a maximum
disturbed area before either temporary or permanent erosion controls are
implemented)
Compliance with Low Impact Development (LID) principles
J:\Attomc:y\OrdinanceICYMC 15.04 (E.'teavation, GradingL02.19-08.DOC
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Compliance with Interim Hydromodification Criteria and Hydrograph
Modification Management Plan (HMP) requirements
Compliance with post-construction Best Management Practices self
inspections, maintenance, record keeping, and maintenance certification
The City of Chula Vista generally accepts standards established in the most up-to-date
editions of the following documents for Best Management Practices, however, the City Engineer
will make the final determinatiion to approve or disapprove any proposed BMPs:
Stormwater Best Management Practice Handbooks developed by the
California Stormwater Quality Association
Caltrans Treatment BMP Technology Report
County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must
be approved in an agreement that runs with the land in perpetuity prior to the issuance of
a grading or other construction permit.
15.04.020 Compliance with conditions and specifications required - Deviations from
standards permitted when.
Except as herein provided, all land development work done shall be done in accordance with
the conditions of the required permit, and shall conform to the approved plans, standard
drawings, specifications, landscape manual, subdivision manual, and general conditions as may
be determined by the City Engineer to be applicable to the work. Such documents are on file in
the office of the City Engineer and shall be kept for public distribution in accordance with fee
schedules in said office. In connection with land development work, deviations from the
requirements of these standards may be permitted by the City Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the
City.
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring
permits, fees or other charges, including those for sewer and services, or affect any provisions
concerning the granting of franchises.
15.04.030 Facilities within public rights-of-way - Assignment of costs.
The following provisions of this section shall apply unless provision is made by an agreement
pursuant to CYMC 15.04.085 through 15.04.095:
A. The property owner shall pay the City for all the cost of placing, repairing, replacing or
maintaining a City-owned facility within a public right-of-way when the City's facility has been
damaged or has failed as a result of the construction or existence of the owner's land
development work during the process of such work.
B. The costs of placing, replacing or maintaining the City-owned facility shall include the cost
of obtaining a necessary alternate easement.
15.04.035 Commencement and completion of work - Extension of time.
All land development work shall be executed in accordance with the provisions of this chapter
and the terms of the permit issued by the City Engineer. Once commenced, work shall be carried
out diligently until completed. Unless otherwise specified upon the permit, all work shall be
completed within 180 days from the date of issuance of the permit. The City Engineer may grant
one extension of time for the completion of the work. Such extension shall not exceed the
original length of time designated on the permit.
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15.04.040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two
horizontal to one vertical (2: 1) except for minor slopes as herein defined.
All constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5: 1) contingent upon:
A. Submission of reports by both a soil engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results should be
sufficient for the soil engineer and engineering geologist to certify that in their professional
opinion the underlying bedrock and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or property; and
B. The installation of an approved special slope planting program and irrigation system.
15.04.045 Building pads - Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless
otherwise approved by the City Engineer.
15.04.050 Embankment requirements - Soil engineer may be required.
A. Unless otherwise specified on the permit, all embankments for land development work
shall be compacted in conformance with the provisions of the standard specifications. The permit
may require that an engineering geologist and/or soil engineer, as appropriate, be responsible for
the inspection and testing of the embankment work and inspection of excavations. The soil
engineer and engineering geologist, if one or both are required by the permit, shall file with the
City Engineer reports as required by CYMC 15.04.140 and l5.04.270(B).
B. Where, in the opinion of the City Engineer, the construction of an uncontrolled
embankment would not be contrary to the public interest or welfare, a permit for such land
development may be issued in accordance with CYMC 15.04.285. Plans for uncontrolled
embankment shall be complete in all respects except for soil analysis and compaction
requirements. Uncontrolled embankment slopes shall not be steeper than three horizontal to one
vertical (3:1).
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut or three
feet in fill of the finished grade of any area intended or designed as the location for a building,
the permittee shall cause such expansive soil to be removed from such building area to a
minimum depth of two feet in cut or three feet in fill and replaced with nonexpansive soil
properly compacted; provided, however, the City Engineer may, upon receipt of a report by a
soil engineer certifying that he has investigated the property and recommending a design or
footings or floor slab or other procedure that in his opinion will alleviate any problem created by
such expansive soil, waive the requirement that such expansive soil be removed and replaced
with nonexpansive soil.
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said
plan shall be prepared in accordance with the City landscape manual and shall be approved by
the City Landscape Architect, and the Director of Planning and Building or designee, as
necessary .
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15.04.065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded in accordance with the
City standard drawings.
15.04.070 Slopes - Blending into existing terrain.
All manmade slopes shall be blended into existing terrain to produce a natural-appearing
transition from the face of manmade slopes into natural ground. This blending shall be
accomplished in accordance with City of Chula Vista standard drawings. Undulating tops and
toes of slopes and variable slope ratios should be used to achieve natural-appearing slopes.
15.04.075 Slopes - Horizontal slope rounding.
Rounding shall be accomplished in accordance with the City of Chula Vista standard
drawings.
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating that
arrangements have been made for the preservation and/or relocation of existing monuments shall
be submitted to the City Engineer prior to issuance of a land development permit.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
A subdivider of land required to do land development work as the result or condition of the
approval of the tentative map shall perform such work under one of the following procedures, as
set forth in CYMC 15.04.090 and 15.04.095.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
Should the subdivider desire to do certain land development work prior to entering into a
contract with the City to install and complete all subdivision and land development work, he may
make application to do so under a standard land development permit or clearing and grubbing
permit, if the land development work is limited to clearing and grubbing only. This application
shall be accompanied by detailed plans and specifications based upon the approved tentative map
and in conformity with the provisions of CYMC 15.04.017 and 15.04.040 through 15.04.075. A
schedule and estimate based upon such plans and specifications shall accompany the application.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
A. Should the subdivider desire to do certain land development work in conjunction and
concurrently with installation and construction of required public improvements, he may enter
into a contract with the City to make, install and complete all improvements and land
developments in accordance with approved plans and specifications.
B. Prior to any construction of improvements and/or land development work, the subdivider
shall have complied with and performed the following requirements:
1. Subdivider shall file with the City Clerk detailed plans and specifications (or a statement
that work will be accomplished in accordance with standards and specifications of the City)
approved by the City Engineer for all public improvements and land development together with a
detailed cost estimate approved by the City Engineer and an estimate of time reasonably
necessary to complete the same.
2. Subdivider shall enter into a contract with the City to make, install and complete within
the time fixed by the City Engineer, but in no case more than two years from the date of
execution of said contract, all improvements and land development in accordance with the
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approved plans, and shall cause to be filed with the City Clerk a faithful performance bond
payable to the City which shall ensure the performance of the contract and the completion of the
improvements and land development work. The subdivider shall additionally file with the City
Clerk a labor and material bond to inure to the benefit of those persons entitled to the protection
of Part III, Title IV, Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit
may be submitted in lieu of bonds hereinbefore described. Bonds and other forms of guarantee
shall be in full conformity with the requirements for subdivision guarantees as set forth in the
subdivision ordinance codified at CYMC Title ~.
3. The bond or other guarantee shall be based on the City Engineer's estimate of the cost of
the work and in accordance with the following schedule:
a. Faithful performance bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate;
b. Labor and material bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate.
15.04.100 Building construction ~ Land development permit required - Prerequisite to
building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a land
development permit or clearing and grubbing permit. The City Engineer may require an on-site
field inspection of the rough grading phase of the work between representatives of the City's
Engineering, Plarming and Building Departments and the permittee; civil engineer; soil engineer;
biologist, as defined by CYMC 17.35.030; and engineering geologist, as appropriate, before the
issuance of a building permit. The permittee shall request a field inspection of the rough grading
phase, if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW - E-l 06B shall be completed prior to the issuance of a
building permit except as provided below. The City may suspend any building permit where it is
found that land development work is being done or has been done without a land development
permit or clearing and grubbing permit until a land development permit or clearing and grubbing
permit is issued. The City may not certify to the completion of the building where land
development work has been done until a land development permit is obtained and certified as
complete.
B. Notwithstanding any provisions to the contrary in subsection (A) of this section, walls
which are designed and constructed to retain earth and are also integral portions of buildings may
be constructed under building permits concurrently with grading work within the project site.
15.04.105 Damaged or disused public improvements - Notification - Corrective action
required.
The City Engineer shall notify the property owner of such damage or failure as set forth in
CYMC 15.04.030. The City may withhold certification of the completion of a building or other
permitted work where a notice has been issued.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
During the land development work, the contractor and owner shall take all necessary measures
to eliminate any hazard resulting from the work to the public in its normal use of public property
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or right-of-way. Any fences or barricades installed shall be substantially constructed and shall be
properly maintained as long as the hazard resulting from the work exists.
15.04.115 Safety precautions.
If at any stage of the work the City Engineer determines that further land development work as
authorized is likely to endanger any public or private property or result in the deposition of
debris on any public way or interfere with any existing drainage course, the City Engineer may
require, as a condition to allowing the work to be continued, that such reasonable safety
precautions be taken as he considers advisable to avoid such likelihood of danger. The permittee
will be responsible for removing any silt and debris deposited upon adjacent and downstream
public or private property resulting from his grading operations. Silt and debris shall be removed,
and damage to adjacent and downstream property repaired, as directed by the City Engineer.
Erosion and siltation control may require temporary or permanent siltation basins, energy
dissipaters, or other measures as field conditions warrant, whether or not such measures are a
part of approved plans.
15.04.120 Fence specifications - Modification permitted when.
A. Where a slope is created adjacent to a public right-of-way or other publicly used property,
and the top of slope is within 10 feet of the property line and the height of the slope is three feet
or greater and steeper than four horizontal to one vertical (4: I), a 48-inch-high fence shall be
erected between property line and the top of slope. The design of said fence shall be approved by
the City Engineer. "Publicly used property" is that property used frequently by persons other
than the residents.
B. The City Engineer may modify or delete the above requirements where it is evident that the
land development work will present no hazard to the adjacent property or public right-of-way.
15.04.125 Noncompliance.
A. If, in the course of fulfilling his responsibility under this chapter, the private engineer or the
soil engineer or biologist, as defined in CYMC 17.35.030, finds that the work is not being done
in substantial conformance with this chapter or the plans approved by the City Engineer or in
accordance with accepted practices, he shall immediately notify the permittee, the person in
charge of the land development work and the City Engineer, in writing, of the nonconformity
and of the corrective measures which should be taken.
B. In the event the work does not conform to the permit or the plans or specifications or any
instructions of the City Engineer, notice to comply shall be given in writing by the City Engineer
to the permittee. As soon as practical after a notice to comply is given, the permittee or his
contractor shall begin to make the corrections.
C. If the City Engineer finds any existing conditions not as stated in the application, land
development permit, clearing and grubbing permit, or approved plans, he may refuse to approve
work until approval is obtained for a revised grading or clearing and grubbing plan which will
conform to the existing conditions.
15.04.130 Modification of approved plans.
A. Modifications of the approved grading or clearing and grubbing plan must be in writing and
be approved by the City Engineer and/or his designated representative. All necessary soil and
geological reports shall be submitted with any substantial proposal to modify the approved
grading plan.
B. No land development work in connection with any proposed modifications shall be
permitted without the approval of the City Engineer and/or his designated representative.
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15.04.135 Responsibility of permittee - Compliance with plans and requirements.
All permits issued hereunder shall be presumed to include the provision that the permittee, his
agent, contractors and employees shall carry out the proposed work in accordance with the
approved plans and specifications and in compliance with all the requirements of the permit and
this chapter. The civil engineer shall file a report as specified in CYMC 15.04.140.
15.04.140 Completion of work - Final reports.
Upon completion of the work the following reports shall be filed with the City Engineer unless
waived by him:
A. A written statement by the private engineer that all land development work and/or
associated drainage facilities have been completed in conformance with CYMC 15.04.165 and
15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
C. A final as-built soil engineer's report which shall include a written statement that
inspections and tests were made during the grading, and that in his opinion all embankments and
excavations are in accordance with the provisions of this chapter and the permit and are
acceptable for their intended use. Soil-bearing capacity (except where the City Engineer
determines such is inapplicable), sununaries of field and laboratory tests and locations of tests if
not previously submitted, and the limits of compacted fill on an as-built plan shall be included in
the report. The report shall include reference to the presence of any expansive soil or other soil
problems which, if not corrected, would lead to structural defects in buildings constructed on the
site. If such report discloses the presence of such expansive soil or such other soil problems, it
shall include recommended corrective action designed to prevent structural damage to each
building proposed to be constructed upon the site. The final as-built report shall also contain a
seepage statement or study as appropriate.
D. A final as-built engineering geology report by an engineering geologist based on the as-
built plan, including specific approval of the grading as affected by geological factors. Where
required by the City Engineer, the report shall include a revised geologic map and cross-sections
and recommendations regarding building restrictions or foundation setbacks.
E. A final biology report, if determined necessary by the Director of Planning and Building or
designee, which includes an assessment of the impacts on sensitive biological resources affected
by the land development work.
15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for
final inspection. He shall also notify the City Landscape Architect and the Director of Plamling
and Building, or designee, when planting and irrigation are completed. Final approval shall not
be given until all work, including installation of all drainage structures and facilities, sprinkler
irrigation systems, planting and all protective devices, has been completed and any required
planting established and all as-built plans and reports have been submitted. The City Engineer
may accept in writing the completion of all work, or any portion of the work, required by the
permit issued in accordance with this chapter and thereupon accept said work or portion thereof.
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a land
development permit or clearing and grubbing permit, except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
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B. The making of excavation on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
1. A cut slope having a maximum steepness of three horizontal to one vertical,
2. A cut having a maximum vertical depth of three feet at any point and a maximum average
depth of 18 inches,
3. No adverse effect upon an existing drainage pattern,
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement ofless than 250 cubic yards of material;
C. The making of an embankment on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
I. None of the embankment exceeds three feet in vertical depth or has an average maximum
depth in excess of 18 inches,
2. None' of the embankment is placed on existing ground having a slope steeper than five
horizontal to one vertical (5: 1),
3. Proposed fill slopes are no steeper than three horizontal to one vertical (3: I),
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property
line, and
7. The total volume of embankment does not exceed 250 cubic yards of material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or
basins which are authorized by appropriate permits obtained from the Planning and Building
Department;
E. Excavation or embankment performed by a governmental agency, franchise holder, or its
contractor incidental to the construction of roadways, pipelines, or utility lines within its rights-
of-way;
F. "Foundations," as referred to herein, shall not be construed to include foundations for
retaining walls, drainage structures, or other structures appurtenant to the land development;
G. Routine maintenance of ornamental landscaping;
H. Agricultural operations, as defined pursuant to CYMC 17.35.030;
1. Maintenance of vegetation in accordance with an approved habitat management plan, or
other such similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista
MSCP subarea plan;
J. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula
Vista MSCP subarea plan;
K. Clearing and grubbing in an area located entirely within a mapped development area, as
defined by CYMC 17.35.030. where it has been demonstrated to the satisfaction of the director
of planning and building, or designee, that no sensitive biological resources, as defined by
CYMC 17.35.030. exist;
L. Clearing and grubbing entirely located in a development area outside of a covered project,
as defined by CVMC 17.35.030, in an area that is one acre or less in size, is not part of a larger
contiguous clearing and grubbing project, and does not impact sensitive biological resources,
wetlands or listed noncovered species, as defmed by CYMC 17.35.030.
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may be
detennined by the City Engineer and/or director of planning and building to be necessary to
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protect the public interest. The City Engineer and/or Director of Planning and Building may
require an application for qualification which shall contain all information necessary to
detennine the person's qualifications to do the land development work.
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state.
15.04.165 Inspection ofland development work - Responsibility therefor.
A. City Engineer. The City Engineer shall be responsible for all inspections of work not
otherwise delegated to some other person. These inspections include, but are not limited to,
drainage facilities, fencing, and compliance with state and City regulations in regard to the health
and safety of the general public.
B. Private Engineer. The private engineer shall be responsible for all surveying work
necessary for proper construction of the grading and drainage facilities. He shall inspect the site
to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall,
prior to the release of bonds and surety, provide a written statement that, in his professional
opinion, all work incorporated in the grading and drainage plans, authorized under the grading
pennit to include grading, drainage, and construction of appurtenant structures, has been
constructed to the lines and grades in substantial conformance with the approved plans, and any
approved revisions thereto.
C. Soil Engineer. The soil engineer shall be responsible for the testing of compaction and
determination of stability of the various slopes. He shall, prior to release of the bond and surety,
provide a written statement that inspections and tests were made by him, or under his
supervision, and that, in his professional opinion, all embankments have been compacted to City
standards and in accordance with the earthwork specifications for the project.
D. Landscape Architect. All landscaping work shall be designed under the supervision of a
landscape architect; however, a registered civil engineer or registered architect may be
responsible for the inspection of all landscaping and irrigation required in accordance with the
grading permit and plans if it is in conjunction with a project he has been contracted to do. He
shall, prior to the release of the bond and surety, provide a written statement that in his
professional opinion all work incorporated in the landscape and irrigation plans authorized under
the permit has been constructed in accordance with the approved plans and revisions thereto.
. E. Biologist. A biologist, as defined by CYMC 17.35.030, shall be required to inspect all land
development or clearing and grubbing sites prior to work occurring in areas of sensitive
biological resources, as defined by CVMC 17.35.030, to ensure compliance with the permit
issued pursuant to this chapter. The biologist shall identify areas to be protected with appropriate
staking and fencing, ensure that these sensitive biological resources, as defined by CYMC
17.35.030, are correctly identified on the grading or clearing and grubbing plan, and inspect the
staking and fencing after installation to ensure installation according to plan. In addition, the
biologist shall conduct an inspection after the work is completed. Prior to the release of the bond
and surety, the biologist shall provide a written statement that in his/her professional opinion all
work was conducted as authorized under the permit in accordance with approved plans and
revisions thereto.
F. Prior to the release of building pennits for any given lot or lots, the private engineer shall
submit a statement (Form PW-E-I06B) as evidence that rough grading for land development has
been completed within standard tolerance in accordance with the approved plans, and that all
embankments and cut slopes and pad sizing are as shown on the approved plans.
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The soil engineer will submit a statement that all embankments, under his direction, have been
completed to an indicated 90 percent relative compaction of dry density.
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, engineering geologist, or biologist,
as defined in CYMC 17.35.030. of record is changed during the course of the work, the work
shall be stopped until the replacement has agreed to accept the responsibility within the area of
their technical competence for approval upon completion of the work.
15.04.175 Plans and reports to be prepared by engineers.
A. Plans for public improvements and land development work authorized under this chapter
shall be prepared by a civil engineer. Where soil or geologic reports or soil and geologic
investigations are required, the reports and investigations shall be prepared and conducted by an
engineering geologist and/or soil engineer as appropriate.
B. A seepage statement or study is required as a part of all soil reports. All soil engineering,
geologic, and geologic engineering reports shall consist of a preliminary and a final as-built
report. Whenever blasting is to be performed or bedrock is to be exposed, a seepage study must
be performed to determine method of handling excess water infiltration.
C. Plans prepared for land development work, which includes clearing and grubbing only,
shall be prepared with input from a biologist.
15.04.180 Private contract performance bond - Required when - Issuance conditions
generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bondlbonds or cash deposit or instrument of credit executed by the owner
or his agent, or both, as principal in accordance with the provisions codified in this section
through CYMC 15.04.215.
The performance bondlbonds shall be issued by a surety company authorized to do business in
the state and shall be approved as to form by the City Attorney. The bondlbonds shall be in favor
of the City and shall be conditioned upon the completion, free of liens, of the work authorized by
the permit in accordance with the requirements of this chapter and the conditions prescribed by
the permit. Slope planting and irrigation bonds will be separate from the performance bond
requirements for appurtenant structures and grading. They will be held in the office of the
director of planning and building until satisfactory compliance with landscaping and irrigation
has been accepted.
15.04.185 Private contract performance bond - CondItions - Notice of default - Contents-
Effect.
The bondlbonds shall be conditioned upon the payment to the City of any costs incurred by the
City or its agent in completing the required work or performing work necessary to leave the site
in a nonhazardous condition and restoring habitat as may be needed. The bondlbonds shall be
further conditioned upon the payment to the City or its agents in completing the work required to
protect or repair adjacent public or private properties from damage from work performed under
the permit. Whenever the City Engineer finds that a default has occurred in the performance of
any term or condition of work authorized by a permit, he shall give written notice of such default
to the principal and surety of the bond. Such notice shall state the work remaining to be done, the
estimated cost of completion and the time estimated by the City Engineer to be necessary for the
completion of the work. After the receipt of such notice, the principal or the surety must, within
the time specified, either complete the work satisfactorily or deposit with the City an amount
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equal to the City Engineer's estimate of the completion cost plus an additional sum equal to 25
percent of such cost.
15.04.190 Private contract performance bond - Principal or surety liable for cost of
completing work when.
In the event that the principal or surety fails to complete such work within the time specified
in the notice, or fails to deposit the estimated cost plus 25 percent with the City, the City
Engineer may cause the required work to be completed. The principal and the surety shall be
liable for the cost of completing such work.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice,
the City Engineer shall cause the required work to be completed. The lJIlexpended money shall
be returned to the depositor at the completion of such work, together with an itemized accounting
of the cost. The principal and surety shall hold the City blameless from any liability in
connection with the work so performed by the City or contractor employed by the City. The City
shall not be liable in connection with such work other than for the expenditure of said money.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when-
Default correction procedure.
In lieu of a bond, the permittee may post a cash deposit with the director of finance in an
amount equal to the required bond. Notice of default as provided above shall be given to the
principal, and if the default is not corrected within the time specified, the City Engineer should
proceed without delay and without further notice of proceeding whatever to use the cash deposit
or any portion of such deposit to complete the required work. The balance, if any, of such cash
deposit shall, upon the completion of the work, be returned to the depositor or to his successors
or assigns after deducting the cost of the work.
15.04.205 Private contract performance bond - Not required when.
No performance bond under the provisions of this chapter shall be required from the state, or
any of its political subdivisions, or any governmental agency.
15.04.210 Private contract performance bond - Required from certain contractors when-
Exception.
A contractor working for the state or any of its political subdivisions or any governmental
agency shall present a performance bond unless proof is submitted that the work is covered by a
bond inuring to the benefit of the state or agency.
15.04.215 Private contract performance bond - Conditions - Compliance with certain
terms and provisions required.
Every bond or other performance guarantee shall include conditions that the permittee shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and
grubbing permit;
C. Complete the land development work within the time limit specified in the land
development permit or clearing and grubbing permit.
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15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
The amount of the bonds or cash deposits covering a specific job shall be based on the amount
of the estimate submitted by the person doing the work and approved by the City Engineer and in
accordance with the following schedule:
A. Appurtenant structures: 100 percent of the estimated cost of retaining walls, drainage
facilities or other grading appurtenances;
B. Grading: 25 percent of the estimated cost. This percentage may be varied by the City
Engineer to fit conditions which are unusual in his opinion;
C. Slope planting and irrigation: 100 percent of the estimated cost of required landscaping and
irrigation facilities;
D. Maintenance oflandscaping: 100 percent of the estimated cost of maintaining landscaping
for the period specified upon the permit;
E. Habitat restoration: 100 percent of the estimated cost of repairing or replacing sensitive
biological resources, as defined by CYMC 17.35.030, including short-term maintenance and
long-term monitoring (typically five years), as specified by a biologist.
15.04.225 Release of bonds/security.
Bonds and other security shall be released 35 days after filing a "notice of completion" with
the county recorder (recorded copy to City Engineer) for improvements accepted by this City and
upon acceptance of completed Form PW-E-I06 ("request for release of bonds") submitted by the
permittee. This form is available in the office of the City Engineer. Such form may not be
accepted until the end of the maintenance period for the required landscaping, unless a separate
bond is or has been submitted to guarantee maintenance oflandscaping.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
The City Engineer shall enforce the provisions of this chapter. He shall, upon application by
qualified persons, issue permits in connection with land development work when all applicable
conditions established by this chapter for such permits have been met.
15.04.235 City Engineer - Powers and duties generally.
The City Engineer shall cause land development work being done without a permit to be
stopped until a permit has been obtained. He may require that such work done without a permit
be removed or corrected, including habitat restoration, at the expense of the responsible person.
Where land development work involves an embankment improperly constructed or constructed
without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof,
shall cause a declaration of improper land development to be recorded in the office of the county
recorder. He shall have work done in connection with land development to ensure compliance
with the provisions of this chapter and shall release the bond when such work is properly
completed.
15.04.240 City Engineer - Authority to determine applicable fees.
The City Engineer shall determine the fees applicable under the provisions of this chapter.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
When the nature of the work requested is such that it comes within the requirements of, or
affects the operation of, any other department of the City, the City Engineer shall obtain and
consider the recommendations of applicable City departments in determining the disposition of
the application. He shall deny applications which are not in the interest of the public health,
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safety or general welfare, or do not constitute a reasonable use of land as indicated by the
existing zoning or an approved land use plan.
15.04.250 City Engineer - Grounds for cancelling permit or amending plans.
The City Engineer may cancel a permit or may require the plans to be amended when it is in
the interest of public health, safety and welfare and under any of the following:
A. Upon the request of the permittee;
B. When the facts are not as presented by the permittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public
health, safety and welfare.
15.04.255 Appeals - Authorized when - Determination authority.
An applicant may appeal the City Engineer's denial of, or the conditions of approval of, an
application for a land development or clearing and grubbing permit to the City council.
15.04.260 Appeals - Time limit for fIling - Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, may appeal to the
City Council from any decision of the City Engineer within ten working days after said decision.
Appeals shall be in writing and shaIl state the specific nature of the appeal. Appeals shaIl be filed
with the City Clerk.
15.04.265 Permits - Application - Procedure generaIly - Detailed plan required.
Applications for permits authorizing land development work shall be made in accordance with
procedures established by the City Engineer. Applications shall be accompanied by such detailed
plans, specifications and schedules as listed in the subdivision manual, landscape manual, and as
otherwise required by the City Engineer. See CYMC 15.04.290 and 15.04.295 regarding fees.
15.04.270 Permits - Application - Detailed plans and specifications required.
A. Detailed plans and specifications for land development shall include, but not be limited to:
1. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and
public and private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or
grid elevations. Contours will extend beyond the limits of grading at least 100 feet;
5. The location of any buildings or structures within the land development boundaries, and
the location of any building or structure on adjacent property which is within fifteen feet of the
land development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
7. Adequate plans of all drainage devices, walk or other protective devices to be constructed
in connection with, or as a result of, the proposed work, together with a map showing the
drainage area of land tributary to the site and the estimated runoff of the area served by any
drainage facilities and devices;
8. An estimate of the quantity of excavation and fiIl involved, quantities relative to
construction of appurtenant structures, estimate of cost and estimated starting and completion
dates;
9. A landscape and irrigation plan indicating the total landscaped square footage, plant
quantity, spacing, type and location and the layout of the irrigation system, and an estimate of
cost of the landscaping and irrigation facilities;
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10. A map, prepared by a biologist, as defined by CYMC 17.35.030, illustrating the
proposed land development work relative to sensitive biological resources in compliance with
the applicable habitat loss and incidental take permit issued pursuant to Chapter 17.35 CYMC;
11. An erosion control plan as may be required by the City Engineer or the director of
Planning and Building.
B. A soil investigation may be required to correlate surface and subsurface conditions with the
proposed land development plan. The results of the investigation shall be presented in a soil
report by a soil engineer which shall include, but not be limited to: location of faults; data
regarding the nature, distribution, and strength of existing soil and rock on the site; the soil
engineer's conclusion; recommendations for grading requirements, including the correction of
weak or unstable soil conditions and treatment of any expansive soil that may be present; and his
opinion as to the adequacy of building sites to be developed by the proposed land development
operations. The soil engineer shall provide an engineering geology report by an engineering
geologist when required by the City Engineer. A seepage statement or a study is required as a
part of all soil reports. Whenever blasting is to be performed or bedrock is to be exposed, a
seepage study must be performed to determine method of handling excess water infiltration.
C. The City Engineer may require other data or information as he deems necessary. He may
eliminate or modify any of these requirements where, in his opinion, they will serve no practical
purpose.
15.04.275 Permits - Issuance - Prerequisites and contents.
The City Engineer shall issue permits for land development work upon approval of
applications and plans, receipt of the prescribed fees and bonds, and receipt of letters from the
private engineer, soil engineer, engineering geologist, landscape architect, biologist, and others,
as required by the City Engineer, that they have been retained by the permittee to perform the
work specified in CYMC 15.04.165. The permits shall include, or refer to, the conditions, plans
and specifications which shall govern the work authorized.
15.04.280 Investigations authorized and required when - Fee.
The City Engineer may require the payment of the prescribed fees for special investigations
when the proposed work or inquiries necessitate that special work be performed by the City.
Special investigations shall include all requests for time extensions or variance requests and shall
be accompanied by the special investigation fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
A. Applications for land development permits involving uncontrolled embankments shall be
accompanied by an agreement signed by the property owner. The agreement shall be prepared by
the City Engineer and shall contain the following provisions and such other provisions as may in
the opinion of the City Engineer afford protection to the property owner and City:
1. The land development work shall be designated as an uncontrolled embankment and shall
be constructed in accordance with plans approved by the City Engineer.
2. The owner acknowledges that, as an uncontrolled embankment, the site is not eligible for
a building permit unless special soil analysis and foundation design are submitted.
3. The land development work shall be done and maintained in a safe and sanitary manner
at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold
the City harmless with respect thereto.
B. The agreement for uncontrolled embankments shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land
J:\Altomey\Qrdinance\CVMC 15.04 (Excavation. Gl'8llingL02-19-08.DOC
2-33
Ordinance No.
Page 20
involved. The notice shall remain in effect until release of the agreement is filed by the City
Engineer.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required -
Exemptions.
A. Fees required by this chapter shall be collected by the City Engineer and deposited with the
director of finance. Such fees shall be as presently designated, or as may in the future be
amended, in the master fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the City
Engineer has received the fees applicable under this chapter.
C. The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter. No fees shall be
required when the work is done by persons working directly for the state or agency.
D. The City Manager, or his designee, may authorize, without advance appropriation, the
refund of fees required by this chapter to be collected, or such portion of the fees deemed
appropriate for refund by the City Manager (net of costs incurred by the City in processing the
permit application or unless the City has used the fees to construct facilities for a development
for which the fees were paid), if the City Manager finds that the permit for which they were
collected has been revoked, surrendered or terminated without use by the permittee and the
refund is less than $100,000. All other refunds shall be authorized by the City Council.
15.04.295 Fees - Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master fee
schedule
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a
permit is obtained. The permit fee, in such instance, shall then be the normally required permit
fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from
fully complying with the requirements of this chapter in the performance of the work. Such fee
shall defray the expense of enforcement of the provisions of this chapter in such cases.
When land development work commences without a permit and results in damage to sensitive
biological resources, as defined by CVMC 17.35.030, restoration requirements (including
maintenance and monitoring) shall be imposed at the sole discretion of the director of planning
and building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter 17.35
CVMC and results in damage to sensitive biological resources, as defined by CVMC 17.35.030,
restoration requirements (including maintenance and monitoring) shall be imposed at the sole
discretion of the director of planning and building and the full cost of the restoration shall be
borne by the property owner. The payment of such fees or penalties as described above shall not
prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41
CVMC, or other federal or state law.
15.04.310 Violations - Declared unlawful and.public nuisance - Abatement authority.
Any land development work commenced, done, maintained or allowed, contrary to the
provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public
nuisance. Upon order of the City Council, or upon the determination of the City Manager or the
City Attorney, necessary proceedings for the abatement, removal and/or enjoinment of any such
l:\Attomey\OrdinanceICVMC 15.04 (Excavation. GradingL02-19-0S.DOC
2-34
Ordinance No.
Page 21
public nuisance shall be commenced in the manner provided by law. Alternatively, the
procedures to abate under Chapter 1.30 CYMC may be used. Any failure, refusal, or neglect by a
responsible party to obtain a permit as required by this chapter shall be prima facie evidence of
the fact that a public nuisance has been committed in connection with any land development
work commenced or done contrary to the provisions of this chapter.
15.04.315 Abatement of dangerous conditions.
Where the City Engineer determines that land development work has created a danger to
public or private property or has resulted in the deposition of debris on any public way or
interferes with any existing drainage course, the City Engineer shall serve written notice on the
property owner, describing the condition and requiring that the property owner abate the
dangerous condition within ten days after the notice is received. If the property owner fails to so
abate the condition, the City Engineer may do so, in which event the property owner shall be
liable for all costs of such abatement, including, but not limited to, reasonable attorney fees. The
expenses of abatement shall be a lien against the property on which it is maintained and a
personal obligation against the property owner.
15.04.320 Emergency abatement by City - Liability for costs.
If it appears to the City Engineer that an emergency exists because land development work has
resulted in a danger to public or private property, then, without following the procedure
established by CYMC 15.04.315, the City Engineer may order all work necessary to remove,
abate or mitigate the condition creating such emergency. The City Engineer rnay do the work
with his own employees or may contract to have the work done; in either event, the City
Engineer shall keep a record of the costs of the work and charge the cost of the work to the
property owner who shall repay the City for the cost thereof.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
The costs of abating a dangerous condition within the meaning of this chapter shall be
imposed as a special assessment against the land on which such abatement was done. Costs and
assessment procedures will be in accordance with Chapters 1.40 and 1.41 CYMC. The property
owner may raise and the City Manager shall consider, as a complete or partial defense to the
imposition of the assessment, questions as to the necessity of the abatement and the means in
which it was accomplished. Pursuant to Government Code Section 38773.5, abatement costs
shall be transmitted to the tax collector for collection. This assessment shall have the same
priority as other City taxes.
15.04.330 Conflicts.
Except for exempt projects, if a conflict occurs between this chapter and Chapter 17.35
CYMC, the stricter regulation shall apply.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~~\'\~-&~~
Ann Moore
City Attorney
J:\Attorney\Ordinance\CVMC 15.04 {Excavation, Gradingl_02.19.08.00C
2-35
ITEM TITLE: .
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~!'f:. efIY OF
)~CHULA VISTA
FEBRUARY 26, 2008, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING FUNDS
CONTAINED IN THE FEDERAL OMNIBUS APPROPRIATIONS
BILL FOR FISCAL YEAR 2007/2008; $500,000 FOR THE CITY'S
SCHOOL ZONE TRAFFIC AND PEDESTRIAN SAFETY
PROJECT AND $750,000 FOR THE CITY'S ALTERNATIVE
FUEL PILOT PROJECT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FISCAL YEAR 200812009
FEDERAL FUNDING REQUESTS FOR SUBMISSION
GOVERNMENT REENS LIAISON {JL/
CITY MANAGER
ASSISTANT CITY AGER c::;-J'
4/5THS VOTE: YES ~ NO D
SUMMARY
On January 23,2007, the City Council of the City of Chula Vista approved the submission of a list
of 10 projects for which the City would seek State and Federal funds during the course of the
200712008 fiscal year. Two of the projects on that list were approved for federal funding; City
Council action is required to accept these funds.
The second balf of the Il0lh Congressional session has begun, and city staff has prepared an
updated list of projects for submittal to our delegation. The projects reflect the priorities listed in the
Legislative Program adopted by the City Council in December 2007.
ENVIRONMENTAL REVIEW
Acceotino funds for School Zone Traffic Safety Dfoiect and Submission of 2008/09 Federal
FundinlZ Reauests
The Environmental Review Coordinator has reviewed the proposed activities for compliance
with the Califomia Environmental Qna1ity Act (CEQA) and has determined that accepting funds
for the City's School Zone and Traffic and Pedestrian Safety Project is not a "Project" as defined
under Section 15378 of the State CEQA Guidelines because the actual projects to be funded have
not yet been defined; and further that the activity of approving the 200812009 Federal Funding
Request for Submission is not a "Project" as defined under Section 15378 of the State CEQA
3-1
FEBRUARY 26, 2008, Item~
Page 2 00
Guidelines because it is the submittal of a funding request only; therefore, pursuant to Section
15060 (c)(3) of the State CEQA Guidelines the activities are not subject to CEQA. Although
environmental review is not necessary at this time, once any of the projects have been defined,
environmental review will be required and a CEQA determination completed prior to
commencing any of the projects.
Accentin2 Funds for the Alternative Fuel Pilot Proiect
The Environmental Review Coordinator has reviewed the proposed activity of accepting funds
for the Alternative Fuels Pilot Project for compliance with the California Environmental Quality
Act (CEQA) and has determined that the proposed activity was adequately covered in the
previously adopted Negative Declaration (IS-00-52) prepared for the City Operations and
Corporation Yard. Thus, no further environmental review or documentation is necessary.
RECOMMENDATION
Adopt the Resolution accepting and appropriating the funds.
Adopt the Resolution approving the list of projects for submittal.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
With City Council approval, the City of Chula Vista submitted a list of funding requests totaling
$36,875,000 to the offices of the City's Federal representatives. Projects ranged in cost from $10
million for a Sustainable Wastewater Treatment Partnership to less than $500,000 to install a
domestic water line and resurface the access road to the Chula Vista Nature Center. The efforts
of Congressman Bob Filner and Senator Barbara Boxer resulted in funding for two of the ten
projects- $500,000 for the City's 'School Zone Traffic and Pedestrian Safety' program, and
$750,000 for an Alternative Fuel Pilot Project. Descriptions of each of the two projects are
attached to this agenda statement (attachment A).
In recognition of the Council priorities outlined in Chula Vista's recently adopted Legislative
Program, staff reviewed last year's project proposals and realigned them to better reflect those
issues of greatest importance to the Council. The items listed in attachment B include all those
measures submitted by staff for consideration. They have been divided into two groups; items I-
10 that most closely reflect Council priorities and items 11-41 which, though deserving of
consideration, are not as critical to meeting the Council's objectives in the coming year.
DECISION MAKER CONFLICT
With respect to the resolution accepting Federal funds, staff has reviewed the decision
contemplated by this action and has reviewed the property holdings of the City Council and
has found no property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
3-2
FEBRUARY 26, 2008, Item---2-
Page 3 of3
With respect to the resolution approving the list of projects for submission, staff has reviewed
the decision contemplated by this action and has determined that it is not site specific and
consequently the 500 foot rule found in California Code of Regulations section l8704.2(a)(I)
is not applicable to this decision.
FISCAL IMPACT
There is no impact to the General Fund as a result of adopting either of the resolutions. The total
amount of the 200712008 awards for implementing the two funded projects is $1,250,000.
Matching requirements for the projects are met through existing materials and equipment.
ATTACHMENTS
Attachment A: Chula Vista projects funded in the 2007/2008 Federal Omnibus Appropriations bill.
Attachment B: Projects to be submitted for consideration in the 2008/2009 Federal and State Budgets
Prepared by: Colleen M Carnevale. Government Relations Liaison, Administration
3-3
Attachment A: Funded Projects 2007/2008
Page 1 of2
Alternative Fuels Pilot Project
$750,000
Chula Vista will convert two of its CNG (Compressed Natural Gas) fuel buses to HCNG
(Hydrogen & CNG) fuel use. A successful pilot could lead the City to convert its entire fleet of
CNG buses to cleaner burning HCNG (80% CNG enriched with 20% hydrogen). The resulting
mix is cleaner than CNG, with 50% fewer nitrous oxide emissions at little or no additional cost.
HCNG is the next generation oflow-etnission fuels and an alternative that has significant
protnise.
The project will also offer the only public dispenser ofCNG in the South Bay Region to keep
pace with growing demand by truck fleets and private passenger vehicle owners. The next
nearby source is in the City Heights area of San Diego (15 miles away). CNG itself provides a
significant reduction in polluting etnissions when compared to diesel fuel or gasoline.
As a result of Chula Vista's participation in prior demonstration projects, the City already owns
almost all of the equipment required to produce and deliver HCNG and CNG fuels. Our existing
hydrogen electrolyzer, which is the largest in California, was purchased as pari of a recent
Federal demonstration program funded by the Department of Transportation, the Department of
Energy, the California Energy Comtnission and the City of Chula Vista.
This is a very high production electrolyzer, generating as much hydrogen in one hour as many
stations generate in a day. To fully utilize the $1 tnillion investment in this equipment, the City
plans to produce hydrogen for the HCNG bus demonstration. This could lead to a program in
which the entire transit fleet is fueled with the cleaner product. Chula Vista also owns a CNG
compressor station, currently used to dispense CNG to City buses.
To combine the hydrogen and CNG into HCNG for the bus demonstration, and to dispense CNG
to the public, the project site requires only fuel lines, storage capacity, and a new mixer/dispenser
that is weights-and-measures certified for use in private vehicles. $750,000 will purchase the
station equipment necessary to transfer, mix, store and dispense the two fuels for this region
wide alternative fuels demonstration.
There will be a cost to the public for purchase of CNG fuel at the site, as with any other fueling
station. The cost will vary with CNG market fluctuations, but in general will be competitive
with the prevailing cost in Southern California. Cost components will include the City's fuel
purchase price plus a small increment to cover City costs for maintenance, delivery, and program
adtninistration including bank costs. The City is in the process of completing a bank agreement
to accept credit cards. Bank charges will be recouped from the fuel charge.
There is already a public demand for CNG fuel, but to heighten public awareness about the
Chula Vista station, $15,000 in public outreach costs was factored into the appropriation request.
The station will also be listed on Internet naturaI gas fueling maps for travelers including: Clean
Car Maps, the California Natural Gas Vehicle Coalition map, and possibly the SDG&E map.
3-4
Attachment A: Funded Projects 2007/2008
Page 2 of2
School Zone Traffic and Pedestrian Safety
2,300,000
The City's existing and planned transportation facilities vary dramatically in condition and availability
between the newly developing areas of the City to the older aging pre-smart growth neighborhoods.
The City Council frequently receives competing requests from the public for local infrastructure
improvements. An overwhelming proportion of resident requests directly correlate with the City
Council's desire to ensure safe routes to schools.
Public infrastructure and land use patterns in neighborhoods near schools strongly influence children's
health and safety. They influence neighborhood walkability, pedestrian and bicyclist safety, traffic
circulation patterns and speeds, public transit systems, multimodal choices, and community character
and pride. These issues, combined with limited resources for infrastructure improvements, call for a
precise identification and prioritization of City pedestrian, bicycle, and traffic circulation
improvements through community-based master plann;ng efforts.
Beginning with Southwest Chula Vista and eventually incorporating the entire City, the project
focuses on the Yo-mile buffer zones surrounding each of the City's 40 public elementary schools.
Observation shows that parents residing within these zones are more apt to allow their children to
walk to school if safe and adequate facilities are available for walking and biking. The first
stakeholders to benefit from this project will be children, their families, and their neighbors.
Ultimately, the project will have positive impacts for all residents.
A unique aspect of this project is its community-directed focus. Stakeholder organizations
participating in this plann;ng project are Healthy BlI"1'\g. Active Communities (IlEAC) and Walk San
Diego, which work together as the South Bay Partnership. This partnership works at the community
level to reduce childhood obesity by promoting waIkability and reducing reliance on cars. The South
Bay Partnership will be the City's key planning partner on this project. Local schools (where
community meetings will take place) and school districts, parent/faculty groups and homeowners
associations will have critical involvement throughout the process. Jurisdictional stakeholders such as
City Councilmembers, the City's Redevelopment Corporation, and impacted City departments such as
Public Works and Police will benefit from well-targeted planning outcomes and directives from this
project.
The first phase of the project (inventory of the infrastructure) with existing resources is close to
completion. The second phase (community outreach walking andits in partnership with the South Bay
Partnership) is the subject of a recently submitted CaItrans Transportation Plann;ng Grant. The first
two phases were completed at two elementary schools (Rice and Otay) and recommended
infrastructure improvements are the subject of a Safe Routes to School Grant received in partnership
with the City of Chula Vista, the Chula Vista Elementary School District and the South Bay
Partnership ($1.1 million). Additionally, the City received approval for a $9.5 million HUD loan to
complete work in the vicinity of Castle Park Elementary. This federal funding request will create an
environmentally sustainable infrastructure demonstration project in our third priority area, Harborside
Elementary.
3-5
Project Name Description Amount Matching Funds I
Requested Remarks
Develop an organizational and funding structure to create and
operate the campus; prepare the detailed infrastructure, City has already provided $1.2
1 University Park & Research Center environmental and planning documents for the campus. $ 3 - 5 million million and will provide site for
Master Plan Potential components include: 4-year college/univeristy, 2-year the campus.
community college honors program, career tech facility, high
tech hioh research and related emplovment oooortunities.
Install new underground water line and resurface the access
road.The former underground water line was abandoned due to
2 Domestic Water Line to Serve the settling of the Nature Center and Sweetwater Marsh National $500,000
Chula Vista Nature Center Wildlife Refuge access road. A temporal}' line now sits above
ground to provide water for animals and plants, restrooms,
drinkinQ fountains and sanitaiton.
Funding would be used to match
National Energy Center for Support the construction and operation of a national research, contributions from state, local and
Sustainable Communities Facility; $3 - 6 million private sources for: building
3 Research, Training and Assistance education & training facility, administered by National Energy construction, employment
Programs. Center for Sustainable Communities at SDSU. training, technical assistance
~ oroorams.
a. Initiate wildland vegetation maintenance presenting a significant
m
~ wildfire threat. This includes: the area adjacent to the Otay
CJ Wildland Urban Interface Code Reservoir, the intermix surrounding Rice Canyon and neighboring Initial The level of danger was
4 Implementation Project canyons, & the lower Otay River bottom. Initial and on-going clearance: demonstrated during the October
vegetation maintenance is critical to reduce potential loss of $1.2 million firestorms of 2003 and 2007.
lives, residences & structures during a wildfire. In addition, 460
acres reQuirino veaetation maintenance have been identified.
Continue capital improvements to ensure pedestrian paths and
traffic calming areas immediately adjacent to the city's 40 $500,000 received in 2007/2008
School Zone Traffic and elementary schools. City is forming partnerships with community appropriations, staff recommends
5 groups (HEAC, Walk SD, Walking School Bus) to prOVide walking $1.8 million
Pedestrian Safety audits that will supplement missing infrastructure analysis. Goal repeating this request to work
is to hear & understand the impact of missing infrastructure and toward the $1.8 million balance.
threatenino traffic situations for children walkino to school.
Develop one or more community-sized ecological wastewater Wastewater concept is a top
treatment facilities to demonstrate the environmental superiority, option considered in state and
6 Sustainable Wastewater financial effectiveness and scale of natural local treatment and $6 - 10 million federal energy & climate change
Treatment Partnership re-use programs. Would generate water for City use, create plans. It would attract additional
'avoided' sewer capacity and reduce dependence on Metro partnership funding for Chula
system. Vista's research efforts.
Attachment B: Federal Funding Requests - Department Submittals 2008/2009
page 1 of 5, 2/26/08
Attachment B: Federal Funding Requests - Department Submittals 2008{2009
7
I-S Corridor Multi-modal
Improvement Studies
8
Parkway Recreation Center
Complex Renovation
~
o
~
C)
9
Loma Verde Recreation Center
Complex Renovation
10 Light Rail Transit (Trolley)
Corridor Improvement Studies
Conduct study to analyze the impacts of light rail & freight
services that parallel the freeway, bus circulation adjacent to the
freeway, and current interchange spacing. Will propose freeway
and interchange improvements to accommodate current and
future traffic demands, and multi-modal improvements. Study
area will cover the I-S freeway from SR-54 to just south of Main
Street. Funds would cover preliminary engineering,
environmental studies and documentation, initial improvement
design. It will identify and prioritize the phasing of construction
throu h this corridor.
Renovate Parkway Pool, gym and community center. Pool &
gym are now 50 years old. The community center is 25 years
old. The complex is in the heart of the urban core. It requires
major renovation to meet the needs of the residents of the
northwest quadrant of the city. Facility needs include more
program, office and storage space, general building upgrades,
renovation of the existing second floor of the gymnasium, an
elevator to the second floor for ADA accessibility, expansion of
community center to provide more program space, kitchen
renovation I and locker room renovation.
Renovate Loma Verde Recreation Center, Pool and Community
Center, which are 30 years old. They are among the only social
or family function facilities in Castle Park area and some of the
city's busiest facilities. The facility needs mold abatement, re-
flooring, air conditioning, remodeling of game room, dance room
and craft room, exterior face lift, enhancements to back outdoor
patio, conversion of front of building from asphalt driveway to
landscaped area safe for children's play. Pool work is needed to
remodel locker rooms, entryway and viewing area, replace pool
filters and other equipment that will result in energy savings in
the um room office stora e and classroom s ces.
Conduct study, preliminary engineering, and environmental
documentation toward operational improvements to the existing
Light Rail Transit (trolley) 'blue line' that runs east of and
parallel to the 1-5 freeway. 5tudy would consider the options of
grade separation at specific locations and route realignment to
the west side of 1-5 to optimize railway freight services. Study
area would cover the 'blue line' facilities from 24th Street in
National Ci to the southern CV ci limit.
$2 million
$2 million
$1.5 million
$750,000
page 2 of 5, 2{26{08
Attachment B: Federal Funding Requests - Department Submittals 2008/2009
11
Palomar Gateway Transit
Oridented Development (TOD)
Improvements
12 Watershed Action Team for
Environmental Reform
13 In-Car Digital Recording Cameras
<WI
...
...
~
~
"
Renewable Energy Park
14 Partnership (Allied, CEC, CPUC,
Diesel Manufacturers,
CARB/AQMD)
15 Crime Lab - DNA Enhancement
16 Electronic Surveillance of High-
risk Offenders
Enhanced Traffic Enforcement
17 Unit
18 Computer Aided Dispatch
Replacement
Construct a multi-modal intersection to include pedestrian
amenities and streetscapes for better accessibility and
walkability. This gateway into Chula Vista is the first light rail
stop inside the City and is a major entrance from 1-5. Transit-
densi mixed-use develo ment is lanned in this area.
Develop/implement a model watershed plan to demonstrate the
latest in sustainable watershed principles, catalogue resources
that comprise Chula Vista's unique watershed geography,
su lement fundin for s cific infrastructure ro'ects.
Equip the remainder of CVPD's vehicle fleet with cameras that
capture live-action video and audio of activities in front of the
CVPD vehicle. These recordings provide evidence of
conversations and interaction between CVPD officers and those
whom the sto for uestionin in the course of their duties.
Create a working alternative fuel and energy cluster that adds
transportation fuels to compliment CV's existing energy
conservation programs. Focus funds on infrastructure for
multiple state-of-the-art alternative fossil free electricity
generation systems, complimented by biofuels derived from local
waste products and renewable crop resources. Demonstrate
'zero energy' center(s) at Public Works Center, University,
Eastern Urban Center Civic Center.
Purchase DNA processing equipment for the CVPD crime lab. The
in-house ability to process DNA from property crime scenes
would be an invaluable tool for solvin crimes in Chula Vista.
Place electronic monitoring bracelets on high-risk offenders
recently released from custody (parOled or released due to
prison over-crowding) and residing In CV. Allow CVPD to track
whereabouts of these individuals 24 hrs/day (including their
resence at new crime scenes .
Fund automated citation system, 5 additional traffic officers and
police motorcycles. Automated system would reduce the
redundancy in current paper citation system.
Purchase new system to increase the efficiency of the
dispatchers in the city's police department. The current CAD
system is 10 years old, lacks many of the innovations such as
automatic vehicle locating and automatic unit assignment.
$1.1 million
$5 million
(or practical
limit)
$350,000
$4 - 5 million
$750,000
$200,000
$4,925,000
$3,000,000
City has contributed $360K from
CIP, and SANDAG has contributed
$2 million.
Renewable Energy Park is a top
option considered in state and
federal energy & climate change
plans, and would attract
. additional partnership funding for
CV's University/Sustainable
research efforts.
County Sheriff's office would
provide 2 trained DNA specialists
to work in lab.
System: $2 million
Motorcycles $85K x 5 = $425,000
Officers $500Klyear x 5 =
2.5million r
page 3 of 5, 2/26/08
Attachment B: Federal Funding Requests - Department Submittals 2008/2009
19
Early IntelVention Software
20 01 Women's Club Building
Renovation
21 Fire Station No.5 Reconstruction
...
~
~ 22 Fire Station No. 1 Reconstruction
0
a:
~ 23
24
25
26 Eucalyptus Park
Restrooms for:
. Marisol Park . Sunridge Park
27 . Explorer Park . Paseo del Rey
. Snta Cora Prk . Orange Ave
. Sunbow Park Fields
28 Horizon Park
29 Orange Avenue Fields
30 Los Ninos Park
31 Rohr Park
32 Valle Lindo Park
Purchase software that would assist in early identification of
employees who are demonstrating potential symptoms of job
stress, training deficiencies, or personal problems that affect
safety or job performance. Will help OIPD and Human
Resources take action to assist employee by addressing their
s ecific issues.
Remodel bathroom and kitchen, make roof repairs, improve
flooring, walls, doors, stage and windows of this City-owned,
historical site. Built in 1928, it is one of CV's few remaining
S anish Colonial buildin s. Used dail b ci and b ublic.
Rebuild 50-year-old station. Handles more than 2,000 calls
per year, selVes a significant portion of the city's lower
income neighborhoods. Existing structure cannot provide
space for any additional selVice, building condition does not
allow for renovation or addition. Cost to reconstruct includes
tern ora location for staff e ui ment.
Rebuild 58-year-old station that houses fire suppression staff
and equipment, department headquarters and administration
center. Make 2nd floor ADA accessible. Existing structure
cannot provide space for any additional selVice, building
condition does not allow for renovation or addition.
Renovate irri ation s stem
Re ir and revent further slo erosion
Provide ADA im rovements
Replace basketball court
and fence
Build restrooms at each of these 7 parks
Install bleachers
Replace fence
Re lace bleachers
Build retainin walls
Build 6 picnic shelters
Re lace Ran er Station
Build basketball court
$250,000
$1 million
8 million
$14 million
750 000
175 000
500 000
$150,000
100 000
$200,000 each
15 000
$75,000
75 000
50 000
$100,000
100 000
150 000
page 4 of 5, 2/26/08
Attachment B: Federal Funding Requests - Department Submittals 2008/2009
Civic Center Library Renovation
34 Relocating the VORTAC
35 Pedestrian Bridges
ce
~
~
~
36 Drainage Deficiencies
37 Missing Infrastructure
38 Comprehensive Pavement Program
39 Canyon Erosion Control
40 Neighborhood Traffic & Pedestrian
Safety
Upgrade the electrical system, re-carpet worn areas, either
refurbish or replace the tables, chairs and lounge furniture in
the public space. Library is 30 years old (opened as the City's
official bicentennial project). Electrical system is the original
re-com uters. Facili used b 56 000 visitors each month.
The VORTAC is a 50-acre site in Village 7 of the Otay Ranch,
containing the navigation beacons for Lindbergh Field and the
border between the United States and Mexico. Schools and a
neighborhood park will soon be open on property immediately
east of the site, and are likely to interfere with the VORTAC
si nal cell hones chain link an hin electronic or metal .
Construct pedestrian bridges across Birch at Magdalena and
across La Media to the community park. Would improve
estrian safe and walkabili .
Preliminary priority list of city's drainage deficiencies includes
26 projects @ $38.5 million, 'Priority One' drainage projects
could be completed with about 70% of that total. Eliminate
flooding on local roads that impedes transportation circulation
and traffic flow & creates si nificant safe roblems.
Install sidewalks, curbs, gutters, ADA-compliant pedestrian
ram s and cross utters.
Preserve and rehabilitate 450 miles of pavement. An
investment of $20 million/year for 10 years would eliminate
the backlog of streets needing complete reconstruction and
implement a comprehensive program of overlays and seals
that would prevent streets in the mid and high range from
deteriorating to the point of requiring expensive and
disru tive ma"or reconstruction.
Conduct preliminary engineering, environmental design and
construction to reduce erosion in two Chula Vista canyons.
Current issues include resident & safety concerns, closure of
recreational trails, and severe cracking of a concrete channel
in one of the canyons. Silt from the erosion has clogged
downstream storm system, increasing flood potential and
NPDES water uali concerns.
Supplement city funding of 3-component program: residential
traffic calming, major intersection safety, and pedestrian/
bicyclist safety. Focus on reducing collisions that result in
in'u death communi outreach resolvin traffic concerns.
$2 million
$1 million
for site study
$ 2 million
$27.9 million
$132 million
$200 million
$2 million
$850,000
page 5 of 5, 2/26/08
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING FUNDS
CONTAINED IN THE FEDERAL OMNIBUS
APPROPRIATIONS BILL FOR FISCAL YEAR 2007-2008;
$500,000 FOR THE CITY'S SCHOOL ZONE TRAFFIC AND
PEDESTRIAN SAFETY PROJECT AND $750,000 FOR THE
CITY'S ALTERNATIVE FUEL PILOT PROJECT
WHEREAS, on January 23, 2007, the City Council of the City ofChula Vista approved
the submission of a list of ten proj ects for which the City would seek state and federal funds
during the course ofthe 2007-2008; and
WHEREAS, the efforts of Congressman Bob Filner and Senator Barbara Boxer resulted
in funding for two of the ten projects - $500,000 for the City's "School Zone Traffic and
Pedestrian Safety" program, and $750,000 for an Alternative Fuel Pilot Project; and
WHEREAS, City Council action is required to accept these funds; and
WHEREAS, the funding for Alternative Fuel Pilot Project will be used to convert two of
the City's compressed natural gas [CNG] fuel buses to hydrogen and compressed natural gas fuel
use [HCNG]; and
WHEREAS, a successful pilot program could eventually lead the City to convert its
entire fleet of CNF buses to cleaner burning HCNG, with 50 percent fewer nitrous oxide
emissions at little or no additional cost; and
WHEREAS, HCNG is the next generation of low-emission fuels and an alternative that
has significant promise; and
WHEREAS, a portion of this funding ($15,000) will be used to heighten public
awareness about the City's CNG fuel station as there is already a public demand for CNG fuel;
and
WHEREAS, the "Missing Infrastructure/School Zone Traffic and Pedestrian Safety
Program" focuses on the one-quarter-mile buffer zones surrounding each of the City's forty
public elementary schools; and
WHEREAS, parents residing within these zones are more apt to allow their children to
walk to school if safe and adequate facilities are available for walking and biking; and
WHEREAS, the first phase of the project (inventory of the infrastructure) with existing
resources is close to completion; and
J:\AlIomey\RESO\FINANCElAccepl-appropriatc funds in Federal Omnibus BilI_02.26..(18.~ -11
Resolution No. 2008-
Page 2
WHEREAS, the second phase (community outreach walking audits in partnership with
the South Bay Partnership) is the subject of a recently submitted Caltrans Transportation
Planning Grant; and
WHEREAS, the first two phases were completed at two elementary schools (Rice and
Otay) and recommended infrastructure improvements are the subject of a $1.1 million Safe
Routes to School grant received in partnership with the City of Chula Vista, the Chula Vista
Elementary School District, and the South Bay Partnership; and
WHEREAS, the City received approval for a $9.5 million Department of U.S. Housing
and Urban Development loan to complete work in the vicinity of Castle Park Elementary; and
WHEREAS, this federal funding request will create an environmentally sustainable
infrastructure demonstration project in our third priority area, Harborside Elementary.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby accept and appropriate funds contained in the Federal Omnibus Appropriations Bill
for Fiscal Year 2007-2008; $500,000 for the City's School Zone Traffic and Pedestrian Safety
Project and $750,000 for the City's Alternative Fuel Pilot Project.
Presented by
Approved as to form by
David R. Garcia
City Manager
~~~\
Ann Moore
City Attorney
J:\AttomeyI.RESO\FINANCE\Accepl_appropriatc funds in Federal Omnibus Bill_02-26-0S.'Sc_1 2
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FISCAL YEAR 2008/2009
FEDERAL FUNDING REQUESTS FOR SUBMISSION
WHEREAS, on January 23, 2007, the City Council of the City of Chula Vista approved
the submission of a list of ten projects for which the City would seek state and federal funds
during the course of the 2007-2008; and
WHEREAS, the second half of the 1 lOth Congressional session has begun, and City staff
has prepared an updated list of projects for submittal to our delegation; and
WHEREAS, the projects reflect the priorities listed in the Legislative Program adopted
by the City Council in December 2007; and
WHEREAS, with City Council approval, the City of Chula Vista submitted a list of
funding requests totaling $36,875,000 to the offices of the City's federal representatives; and
WHEREAS, projects ranged in cost from $10 million for a Sustainable Wastewater
Treatment Partnership to less than $500,000 to install a domestic water line and resurface the
access road to the Chula Vista Nature Center; and
WHEREAS, in recognition of the Council priorities outlined in Chula Vista's recently
adopted Legislative Program, staff reviewed last year's project proposals and realigned them to
better reflect those issues of greatest importance to the Council; and
WHEREAS, the items shown on the "List of Federal Funding Requests - Department
Submittals 2008/2009" include all those measures submitted by staff for consideration (see
Attachment B to the corresponding agenda statement, which is hereby incorporated into this
Resolution).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the 2008/2009 federal funding requests for submission.
Presented by
Approved as to form by
David R. Garcia
City Manager
~c,^~\'\CIi~
Ann Moore
City Attorney
J:\Altomcy\RESO\FINANCE\Approving federal funding request fOr submission_02-26-08.~ -1 3
CITY COUNCIL
AGENDA STATEMENT
~l!f:. CITY OF
~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
INTRODUCTION
Item No.:~
Meeting Date: 2/26/08
PUBLIC HEARING: PCA-08-03 - An ordinance amending the
City of Chula Vista Zoning Ordinance to add Chapter 19.57,
Overlay Districts, and Section 19.57.010 General Purpose and
19.57.020 Third Avenue Overlay District. The Third Avenue
Overlay District will establish a three story or 45-foot maximum
height for parcels and portions of parcels fronting on Third Avenue
between "E" Street and "G" Street (refer to attached zone map). It
will also require that any newly constructed buildings or additions to
existing buildings, utilize nationally recognized "Green" building
standards.
Director of Planning and Building )~ ~l 90..s:
City Manager 'S> T -h.r b t<.. G..
Assistant City Manager S J
4/STHS VOTE: YES D NO ~
This item considers the proposed adoption of an ordinance adding a chapter to the Chula Vista
Zoning Ordinance to establish an overlay district limiting building height of any newly
constructed buildings or additions to existing buildings to three stories or 45 feet in height, for
parcels and portions of parcels fronting on Third Avenue between E Street and G Street (see
Attachment 1), and require that any newly constructed buildings or additions to existing
buildings will utilize nationally recognized "Green" building standards.
BACKGROUND
On February 5, 2008 the Legislative Subcommittee of the Chula Vista City Council, consisting of
Mayor Cox and Deputy Mayor Rindone, directed staff to prepare a draft ordinance establishing the
proposed Third A venue Overlay District. In directing staff to prepare the draft ordinance, Mayor
Cox and Deputy Mayor Rindone outlined the importance of "Green" building practices and the
4-1
Page 2, Item No.:L
Meeting Date: 2/26/08
leadership role that the City of Chula Vista has played in environmental protection for more than the
last decade. The Legislative Subcommittee expressed the belief that since the area of Third Avenue
between E and G Streets is the historic heart of Downtown Chula Vista that this area would be the
most appropriate place to initiate the pilot program outlined in the Third A venue Overlay District.
The Overlay District would provide additional protections to this important area of the City by
limiting height beyond that currently allowed by the UCSP for certain lots, and express the City's
priority that "Green" construction techniques be employed to promote sustainable development.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project was
covered in the previously adopted Urban Core Specific Plan Final Environmental Impact Report,
FEIR 06-01. The Environmental Review Coordinator has determined that only minor technical
changes or additions to FEIR-06-0I are necessary and that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Environmental Review Coordinator has prepared an
addendum to Final Environmental Impact Report FEIR 06-01 (see Attachment 2).
RECOMMENDA nON
That the City Council consider the attached addendum to FEIR-06-0I, and adopt the attached
ordinance adding a chapter to the Chula Vista Zoning Ordinance to establish an overlay district
limiting building heights of any newly constructed buildings or additions to existing buildings to
three stories or 45 feet in height, for parcels and portions of parcels fronting on Third A venue
between E Street and G Street, and require that any newly constructed buildings or additions to
existing buildings will utilize nationally recognized "Green" building standards.
BOARDS/COMMISSION RECOMMENDA nON
The Planning Commission and Chula Vista Redevelopment Corporation will be considering the
item at ajoint meeting on February 25, 2008. The recommendations of the Planning Commission
and CVRC will be transmitted to the City Council at their meeting of February 26, 2008.
DISCUSSION
As stated above, Chula Vista's downtown Third Avenue area between E and G Streets is
considered by many to be the historic core of our City's business district. As such, the special
character and history of this area warrants protection from development that is not harmonious or
is incompatible with its surroundings. As expressed in Chapter 5 (Section 9.5.1) of the City of
Chu1a Vista General Plan, the vision for Third Avenue between E and G Streets is that it should
remain pedestrian-scaled with small offices and multi-family housing redeveloped above retail
uses. The General Plan describes Third Avenue between E and G Streets as maintaining a street
frontage that is predominately low rise with mid-rise allowed.
4-2
Page 3, Item No.: ~
Meeting Date: 2/26/08
The General Plan Land Use and Transportation (LUT) Element, Chapter 5, Policy 49.15 directs
that different portions of the Urban Core Subarea be recognized as having a desirable character,
and expressed the need to develop specific plans and programs to strengthen and reinforce
desirable characteristics of these Subareas. In keeping with this policy, the parcels along Third
Avenue between E and G Streets are currently subject to the requirements of the UCSP. The
UCSP, Chapter VI, V-2 Village regulations, currently limit building heights to 45 feet for most,
but not all of the properties along the frontage of Third Avenue between E and G Streets. The
proposed Overlay District would include all of the fronting parcels or portions thereof between E
and G Streets. The height restriction applied to additional parcels would further ensure that
future projects located along Third Avenue between E and G Streets would be compatible with
surrounding uses and structures.
The Third Avenue Overlay District would not conflict with the General Plan goal of establishing
a detailed vision, guidelines and regulations for future development and beautification of the
City's downtown area. The same land uses, development intensities, and design/compatibility
standards outlined in the UCSP would still be achieved along Third Avenue. Since the Overlay
District is limited to the area of Third Avenue between E and G Streets, the intent of the UCSP to
achieve mid and high rise development in other areas of the Urban Core would not be
compromised.
The City of Chula Vista participates in the LEED Rating System and as stated in the UCSP, "all
newly constructed City-sponsored buildings in the Urban Core shall incorporate sufficient green
building methods and techniques to qualify for the equivalent ofLEED Silver." The Third Avenue
Overlay District goes a step further than this requirement by mandating that all newly constructed
buildings and additions to existing buildings (not just City sponsored projects) along Third Avenue
between E and G Streets utilize nationally recognized "Green" building standards such as LEED.
However, this ordinance identifies LEED as an example but not the required standard for
demonstrating compliance with green building practices, and does not specify that an equivalent of
LEED Silver be met by private investment. Energy usage in the UCSP area would be lessened
through the implementation of the Overlay District, since the LEED (or a similar program)
certification requirement will result in less energy consumption through the implementation of
energy saving "Green" building practices.
CONCLUSION:
For the reasons mentioned above, staff recommends that the City Council approve Zoning Code
Amendment PCA-08-03, based on the findings contained in the Draft City Council Ordinance.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
4-3
Page 4, Item No.:~
Meeting Date: 2/26/08
FISCAL IMP ACT
Adoption of the Third Avenue Overlay District will have no direct fiscal impact to the City.
However, as new development occurs along Third Avenue between E Street and G Street both a
revenue stream and cost factors will be realized. At that time, additional information regarding
specific fiscal impacts of future individual projects will be identified.
ATTACHMENTS
I Locator Map
2 Addendum Final Environmental Impact Report (FEIR 06-0 I)
3 Planning Commission Resolution
4 Chula Vista Redevelopment Corporation Resolution
Prepared by: Steve Power AICP, Principal Planner
J:\Planning\Third Avenue Height Ordinance\PCA0803.CC.Rpt.doc
4-4
~
~ THIRD AVENUE,
j:DJ OVERLAY DISTRICT
~ ~~~
LC!)
NORTH
Attachment 1
4-5
It 7/Ae-rt ~ E: AI T:2
ADDENDUM TO
FINAL ENVIRONMENTAL IMPACT REPORT
FEIR 06-01 (Urban Core Specific Plan)
PROJECT NAME: Third Avenue Overlay District
PROJECT LOCATION: Parcels, and portions of parcels fronting Third Avenue between
"E" Street and "G" Street, Chula Vista, CA
PROJECT APPLICANT: City ofChula Vista
CASE NO:
EIR 06-01
DATE:
February 20, 2008
I. BACKGROUND
The purpose of this Addendum is to discuss a proposed Overlay District (Project) within the
Downtown Third Avenue Area (business district and core of the Downtown), fronting on Third
Avenue between "E" Street and "G" Street. The Third Avenue Overlay District will establish a
three-story or 45 foot maximum building height for parcels and portions of parcels fronting on
Third Avenue, and will also require that any newly constructed buildings and additions to
existing buildings utilize nationally recognized "Green" building standards.
As the lead agency for the project under the California Environmental Quality Act (CEQA) (Pub.
Resources Code, Sec. 21000 et seq.), the City ofChula Vista ("City") prepared and conducted an
environmental analysis (Final Environmental Impact Report FEIR-06-01) for the City of Chula
Vista Urban Core Specific Plan (UCSP). FEIR-06-01 contains a comprehensive disclosure and
analysis of potential environmental effects associated with the implementation of the UCSP
project. The final EIR was certified and the UCSP was approved by the CVRC and City Council
in May of2007.
The approved UCSP calls for the development and revitalization of the urban core within the
City of Chula Vista. The urban core of Chula Vista encompasses approximately 1,700 acres of
the traditional downtown area east ofI-5, west of Del Mar Avenue, north ofL Street and south of
C Street. Within this larger area is a smaller 690 gross-acre area, which was determined to be in
need of redevelopment due to conditions of blight and underutilization. This smaller area
comprises the "Subdistricts" area of the UCSP and is the focus of all the regulatory land use
provisions of the UCSP. The UCSP replaces existing municipal code zoning provisions for the
Subdistricts area with new zoning that permits an increased number of buildings, with increased
building heights and mass. This intensification of land use in the Subdistricts area is planned to
accommodate General Plan projected resident and employment populations.
The proposed Overlay District does not result in any new significant impacts beyond those
previously identified in FEIR-06-01, nor an increase in severity of any previously identified
4-6
Addendum to Final EIR 06-01
February 11, 2008
impacts in FEIR 06-01. The environmental analysis presented in FEIR 06-0 I addresses all
potential impacts associated with the UCSP. Because the Third Avenue Overlay District (which
is located within the UCSP area) would not result in any new potentially significant impacts, nor
increase the severity of any impacts identified in FEIR 06-01, the project is considered to be
adequately covered under FEIR 06-01. No further environmental analysis is warranted. CEQA
Guidelines (S 15162).
II. PROPOSED AMENDMENTS
The proposed project considered in this addendum is an ordinance adding a chapter to the Chula
Vista Zoning Ordinance to establish an overlay district limiting newly constructed buildings or
additions to existing buildings to three stories or 45 feet in height, for parcels and portions of
parcels fronting on Third Avenue between E Street and G Street, and requiring that any newly
constructed buildings or additions to existing buildings utilize nationally recognized "green"
building standards.
The general purpose of the overlay district included in this chapter is to apply additional zoning
requirements on a geographic area. Overlay districts will be applied to specific locations as
indicated on the zone map and permit special regulations to be invoked where appropriate or
necessary to fulfill the intent of the General Plan and/or Specific Plan policies, programs and
requirements for those geographic areas.
The purposes of the Third Avenue Overlay District are to:
(a) Require buildings along Third Avenue's immediate street frontage between E and G Street to
remain predominantly low rise;
(b) Limit the maximum permitted height of any newly constructed buildings and additions to
existing buildings in this area so as to encourage compatibility in scale between new and older
buildings;
(c) Require that any newly constructed buildings and additions to existing buildings reduce
energy consumption and use environmentally appropriate construction materials to meet
nationally recognized standards for green building construction and design, so as to reduce the
carbon footprint of new construction in the segment fronting Third Avenue between E and G
Street of the City of Chula Vista
Pursuant to the requirements of the Third Avenue Overlay District, the maximum permitted
height for any newly constructed buildings and additions to existing buildings in the Third
Avenue Overlay District shall be three stories up to the height of forty-five feet (45 ft.). The
height of a building shall be defined according to Section 19.04.038.
The Third Avenue Overlay District will also require that newly constructed buildings and
additions to existing buildings within the Third Avenue Overlay District shall be required to be
energy efficient and use environmentally appropriate materials to meet nationally recognized
standards for Green building construction. Examples of the standards that will be applied are
Addendum to Final Environmental Impact Report FEIR 06-01
2
4-7
Addendum to Final EIR 06-01
February II, 2008
those established by the U.S. Green Building Council's Leadership in Energy and Environment
Design (LEED) program.
The California Environmental Quality Act (CEQA) Guidelines (915162) establishes the
conditions under which a subsequent EIR shall be prepared.
A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared
for that project unless the lead agency determines, on the basis of substantial evidence
in light of the whole record, one or more of the following:
I. Substantial changes are proposed in the project which will require major revisions
of the EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect .to the circumstances under which the
project is undertaken which will require major revisions to the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or,
3. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the EIR
was prepared.
B. If changes to a project or its circumstances occur or new information becomes
available after preparation of an EIR, the lead agency shall prepare a subsequent EIR
if required under Subsection A. Otherwise the lead agency shall determine whether
to prepare a subsequent Negative Declaration, an addendum or no further
documentation (CEQA Guidelines S 15162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified ErR if some
changes or additions are necessary but none of the conditions described in Section
15162 calling for preparation of a subsequent EIR have occurred.
B. An addendum need not be circulated for public review but can be included in or
attached to the final EIR.
C. The decision-making body shall consider the addendum with the final EIR prior to
making a decision on the project.
D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an ErR, the lead agency's
required findings on the project, or elsewhere in the record. The explanation must be
supported by substantial evidence.
Addendum to Final Environmental Impact Report FEIR 06-01
3
4-8
Addendum to Final EIR 06-01
February 11, 2008
This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of
the State CEQA Guidelines. The proposed ordinance does not constitute a substantial change to
the previously approved project. The proposed ordinance would not result in any environmental
effects that were not previously considered in FEIR-06-01, nor would the changes increase the
severity of any of the impacts identified in FEIR-06-01. There has been no material change in
circumstances relative to the project, and no new information of substantial importance has
become available after the preparation and certification ofFEIR-06-01. The mitigation measures
identified in FEIR 06-01 would be equally applicable to the Third Avenue Overlay District.
Therefore, in accordance with Sections 15162 and 15164 ofthe State CEQA Guidelines, the City
has prepared this addendum to FEIR 06-01.
III. ANALYSIS
Summarized below are issue areas potentially affected by the project. As the discussion outlined
below indicates, the proposed Third Avenue Overlay District does not result in any new impacts
beyond those previously identified in FEIR-06-01, nor increase the severity of any impacts
identified in FEIR -06-01.
Land Use Compatibility
As discussed within the FEIR 06-01, potentially significant impacts with respect to visual
character would be avoided by requiring that future projects adhere to regulations and design
guidelines of the Urban Core Specific Plan (UCSP). Mitigation Measures 5.2.5-1 and 5.2.5-2 of
FEIR 06-01 specifically require that future projects conform with relevant development
regulations and design requirements of the UCSP. Pertinent UCSP development regulations and
design guidelines provide setbacks, stepbacks, screening, landscaping, building design and other
appropriate measures to avoid or minimize adjacency issues related to building mass and form,
aesthetics, solar access, ventilation, and other effects specifically noted in mitigation measures
5.2.5-1 and 5.2.5-2 ofFEIR 06-01.
FEIR 06-01 identified issues related to visual character, sky views, access, ventilation and
glare/lighting. However, the UCSP development regulations and design guidelines, as well as
mitigation measures identified in the FEIR 06-01 requiring compliance with the provisions of the
UCSP, lessen impacts to a level below significance. The additional height restrictions of the
Third Avenue Overlay District would further ensure that future projects located along Third
Avenue between E and G Streets would be compatible with surrounding uses and structures and
would not result in any impacts beyond those identified in FEIR-06-01. A reduction in building
height for certain parcels along Third A venue will help to further mitigate visual impacts
identified in FEIR-06-01, because the height reduction will result in less building mass and fewer
impacts associated with building mass such as solar access, the absence of blue sky, increased
glare, and architectural compatibility.
Addendum to Final Environmental Impact Report FEIR 06-01
4
4-9
Addendum to Final EIR 06-01
February 11, 2008
Local Plans Conformance
The Third Avenue Overlay District would not conflict with the intent of the UCSP and General
Plan. According to the FEIR-06-01, the UCSP was prepared pursuant to the recently adopted
City of Chula Vista General Plan Update as an implementing regulatory tool and serves as the
primary source for policies, guidelines and regulations that implement the community's vision
for the urban core. The UCSP met the goal of the General Plan by establishing a detailed vision,
guidelines and regulations for future development and beautification of the City's downtown
area, and according to FEIR-06-01, no significant land use impacts were identified regarding
local plan conformance. The Third Avenue Overlay District would not conflict with this goal,
because the same land uses, development intensities, and design/compatibility standards would
still be achieved along Third Avenue. Since the Overlay District is limited to the area of Third
Avenue between E and G Streets, the intent of the UCSP to achieve mid and high rise
development in other areas of the Urban Core would not be compromised. The proposed project
does not create any new land use impacts not already addressed in FEIR-06-01.
Landform/Alteration and Aesthetics
The UCSP allows for substantial intensification of existing land use and resulting urban visual
character, through greater building heights and mass, to accommodate a three-fold increase in
population projected for the urban core by the year 2030. In accordance with the regulations and
design guidelines of the UCSP, redevelopment and new development within the UCSP
Subdistricts Area would change the existing visual character from primarily low-rise to mid-rise
development. Existing visual character, blue sky views, solar access, ventilation, and
glare/lighting conditions would be affected by this intensification in land use. While these
changes were considered to be substantial in FEIR-06-0 I, they were not considered to be
adverse, given the required adherence to UCSP development regulations and design guidelines.
The Third Avenue Overlay District would not result in any new previously unidentified impacts,
since it would limit height along Third Avenue between E and G Streets consistent with or
greater than the UCSP, and serve to ameliorate any potentially adverse affects related to building
massing or height.
Light and Glare Effects
As noted in the FEIR 06-01, Summary of Environmental Analysis Results, the UCSP allows for
substantial intensification of existing land uses by allowing taller building heights and more
building masses. Potential light or glare impacts could effect surrounding sensitive residential
uses and, therefore, appropriate mitigation measures were identified that all subsequent
development projects in the UCSP Subdistricts Area shall comply with UCSP development
regulations and design guidelines which are necessary to reduce light and glare effects. With the
proposed reduction of maximum building height along Third Avenue between E and G Streets,
no additional significant light and glare impacts beyond those in FEIR 06-01 would occur.
Addendum to Final Environmental Impact Report FEIR 06-01
5
4-10
Addendum to Final EIR 06-01
February 11, 2008
Energy Supply
The implementation of the land uses identified in the UCSP has the potential to result in impacts
to energy supply as a result of anticipated growth. Direct impacts would occur if, as a result of
plan implementation, a substantial energy resource is reduced or eliminated, or if future demand
outstrips available supply. Impacts to energy supply were considered to be significant (after
mitigation) because there is no long-term assurance that energy supplies will be available at
buildout of the UCSP. FEIR-06-01 includes mitigation measure 5.8-1 which requires that the
City implement the Energy Strategic Action Plan, as well as continue to implement the on-going
City of Chula Vista C02 Reduction Plan. It is important to note that the UCSP contains basic
design principles and tools for designing and building sustainability "to minimize the use of
energy, water and other natural resources." The City of Chula Vista participates in the LEED
Rating System and as stated in the UCSP, "all newly constructed City-sponsored building in the
Urban Core shall incorporate sufficient green building methods and techniques to qualify for the
equivalent of LEED Silver." The Third A venue Overlay District goes a step further than this
requirement by mandating that all newly constructed buildings (not just City sponsored projects)
and additions to existing buildings along Third Avenue between E and G Streets utilize
nationally recognized "Green" building standards such as LEED. The impact to energy supply
identified in the FEIR-06-01 will be ameliorated through the implementation of the Overlay
District, since "Green" building requirements such as LEED certification for new buildings and
additions to existing buildings will result in less energy consumption.
IV. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above
discussion and substantial evidence in the record supporting said discussion, I hereby find that
the adoption of the Third Avenue Overlay District will not result in any of the conditions calling
for the preparation of a subsequent EIR, and that an addendum has been prepared in accordance
with the requirements of CEQA.
)1
//;!' ,L . J j/.~ ,,7
/'" /..---/..-~ /'J-""-'V~_
.
Stephen Pgwer, A.I.c.P.
Principal Planner
1
Attachment 1 - Project Third Avenue Overlay District Map (between "E" Street and "G" Street)
Attachment 2 - Chapter 19.57 (Sections 19.57.010 and 19.57.020) Third Avenue Overlay District
Attachment 3 - Executive Summary to FEIR 06-01
References:
General Plan, City of Chula Vista
Zoning Ordinance, Title 19/City of Chula Vista
Urban Core Specific Plan
Urban Core Specific Plan Final Environmental Impact Report (September 2006)
Addendum to Final Environmental Impact Report FEIR 06-01
6
4-11
4rr A--CH /VI e-AJ T 3
RESOLUTION NO. PCA-08-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE ORDINANCE AMENDING THE CITY OF CHULA
VISTA MUNICIPAL CODE TO ADD CHAPTER 19.57,
OVERLAY DISTRICTS, AND SECTION 19.57.010 GENERAL
PURPOSE AND 19.57.020 THIRD AVENUE OVERLAY
DISTRICT. THE THIRD A VENUE OVERLAY DISTRICT WILL
ESTABLISH A THREE STORY OR 45-FOOT MAXIMUM
HEIGHT FOR PARCELS AND PORTIONS OF PARCELS
FRONTING ON THIRD A VENUE BETWEEN E STREET AND G
STREET, AND REQUIRES THAT NEWLY CONSTRUCTED
BUILDINGS OR ADDITIONS TO EXISTING BUILDINGS
UTILIZE NA TIONALL Y RECOGNIZED "GREEN" BUILDING
STANDARDS.
WHEREAS, the City of Chula Vista's current General Plan was last comprehensively
updated on December 13,2005; and
WHEREAS, the General Plan allows for growth while maintaining and promoting
environmental values; and
WHEREAS, Chula Vista actively promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources; and
WHEREAS, a healthy and sustainable environment is highlighted in the Environmental
Element of the General Plan; and
WHEREAS, as expressed in Chapter 5 of the General Plan Section 9.5.1, the vision for Third
Avenue between E and G Streets is that it should remain pedestrian-scaled with small offices and
multifamily housing redeveloped above the retail uses; and
WHEREAS, the General Plan, Land Use and Transportation (LUT) Element Chapter 5 Policy
49.15 directs that different portions of the Urban Core Subarea be recognized as having a desirable
character, and identifies the need to develop specific plans and programs to strengthen and reinforce
their uniqueness, specifically to develop land use; density; special design features; and building
guidelines for appropriate Focus Areas; and
WHEREAS, the General Plan, LUT Element, Chapter 5, Section 9.5.1 describes buildings
along Third A venue's immediate street frontage as predominantly low rise to maintain the traditional
character; and
WHEREAS, the parcels along Third Avenue between E and G Streets are currently subject to
the requirements of the Urban Core Specific Plan, adopted by the City Council as Ordinance No.
3070 adopted on May 15,2007; and
4-12
WHEREAS, the Urban Core Specific Plan, Chapter VI, V - 2 Village regulations currently
limit building heights to 45 feet for most, but not all, of the properties along the frontage of Third
Avenue between E and G Streets; and
WHEREAS, in order to include all of the fronting parcels or portions thereof and ensure
sufficient and consistent protections, the City proposes the subject Third Avenue Overlay District to
assure the goals ofthe General Plan and the Urban Core Specific Plan are implemented in the zoning
ordinance; and
WHEREAS, areas ofland for inclusion in the subject Third Avenue Overlay District contain
all land parcels and portions thereof fronting on Third Avenue between E Street and G Street as
shown on the map exhibit referred to hereafter as Exhibit I; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed Third
A venue Overlay District for compliance with the California Environmental Quality Act ("CEQA"),
and has determined that the project was covered in the previously adopted Urban Core Specific Plan
Final Environmental Impact Report, FEIR 06-0 I; that only minor technical changes or additions to
FEIR 06-0 I are necessary; that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Environmental Review Coordinator has prepared an addendum to FEIR 06-0 I; and
WHEREAS, the Planning Commission has considered all the evidence submitted into the
record which includes, but is not limited to, the following: (a) the City's General Plan, (b) the City's
zoning regulations, (c) the City's Municipal Code, (d) the Urban Core Specific Plan; (e) the staff
report and agenda statement prepared by the Planning Department, (f) staffs presentation at the joint
Planning Commission and CVRC meeting held on February 25,2008, and (g) public comments, both
written and oral, received and/or submitted at, or prior to, the public meeting on February 25, 2008
supporting and/or opposing the staff recommendation; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe
exterior boundaries of the property, 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.,
February 25, 2008, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached draft ordinance approving the Third A venue
Overlay District, based on the findings contained in the attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
4-13
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 25th day of February, 2008, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
William C. Tripp,
Chairperson
ATTEST:
Diana Vargas, Secretary
4-14
CVRC RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA
REDEVELOPMENT CORPORATION (CVRC)
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE
ORDINANCE AMENDING THE CITY OF CHULA VISTA
MUNICIPAL CODE TO ADD CHAPTER 19.57, OVERLAY
DISTRICTS, AND SECTION 19.57.010 GENERAL PURPOSE
AND 19.57.020 THIRD AVENUE OVERLAY DISTRICT. THE
THIRD AVENUE OVERLAY DISTRICT WILL ESTABLISH A
THREE STORY OR 45-FOOT MAXIMUM HEIGHT FOR
PARCELS AND PORTIONS OF PARCELS FRONTING ON
THIRD AVENUE BETWEEN E STREET AND G STREET, AND
REQUIRES THAT NEWLY CONSTRUCTED BUILDINGS OR
ADDITIONS TO EXISTING BUILDINGS UTILIZE NA TIONALL Y
RECOGNIZED "GREEN" BUILDING STANDARDS.
WHEREAS, the City of Chula Vista's current General Plan was last comprehensively
updated on December 13,2005; and
WHEREAS, the General Plan allows for growth while maintaining and promoting
environmental values; and
WHEREAS, Chula Vista actively promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources; and
WHEREAS, a healthy and sustainable environment is highlighted in the Environmental
Element of the General Plan; and
WHEREAS, as expressed in Chapter 5 of the General Plan Section 9.5.1, the vision for Third
Avenue between E and G Streets is that it should remain pedestrian-scaled with small offices and
multifamily housing redeveloped above the retail uses; and
WHEREAS, the General Plan, Land Use and Transportation (LUT) Element Chapter 5
Policy 49.15 directs that different portions of the Urban Core Subarea be recognized as having a
desirable character, and identifies the need to develop specific plans and programs to strengthen and
reinforce their uniqueness, specifically to develop land use; density; special design features; and
building guidelines for appropriate Focus Areas; and
WHEREAS, the General Plan, LUT Element, Chapter 5, Section 9.5.1 describes buildings
along Third Avenue's immediate street frontage as predominantly low rise to maintain the traditional
character; and
WHEREAS, the parcels along Third A venue between E and G Streets are currently subject to
the requirements of the Urban Core Specific Plan, adopted by the City Council as Ordinance No.
3070 adopted on May 15,2007; and
4-15
WHEREAS, the Urban Core Specific Plan, Chapter VI, V- 2 Village regulations currently
limit building heights to 45 feet for most, but not all, of the properties along the frontage of Third
Avenue between E and G Streets; and
WHEREAS, in order to include all of the fronting parcels or portions thereof and ensure
sufficient and consistent protections, the City proposes the subject Third A venue Overlay District to
assure the goals ofthe General Plan and the Urban Core Specific Plan are implemented in the zoning
ordinance; and
WHEREAS, areas ofland for inclusion in the subject Third A venue Overlay District contain
all land parcels and portions thereof fronting on Third Avenue between E Street and G Street as
shown on the map exhibit referred to hereafter as Exhibit I; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed Third
A venue Overlay District for compliance with the California Environmental Quality Act ("CEQA"),
and has determined that the project was covered in the previously adopted Urban Core Specific Plan
Final Environmental Impact Report, FEIR 06-0 I; that only minor technical changes or additions to
FEIR 06-0 I are necessary; that none of the conditions described in Section 15162 of the State CEQA
Guidelines calling for the preparation of a subsequent document have occurred; therefore, the
Environmental Review Coordinator has prepared an addendum to FEIR 06-0 I; and
WHEREAS, the CVRC has considered all the evidence submitted into the record which
includes, but is not limited to, the following: (a) the City's General Plan, (b) the City's zoning
regulations, (c) the City's Municipal Code, (d) the Urban Core Specific Plan; (e) the staff report and
agenda statement prepared by the Planning Department, (t) staffs presentation at the joint Planning
Commission and CVRC meeting held on February 25,2008, and (g) public comments, both written
and oral, received and/or submitted at, or prior to, the public meeting on February 25, 2008
supporting and/or opposing the staff recommendation; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, 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.,
February 25, 2008, in the Council Chambers, 276 Fourth Avenue, before the CVRC and said hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOL VED THAT THE CVRC recommends that the City
Council adopt the attached draft ordinance approving the Third A venue Overlay District, based on
the findings contained in the attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
4-16
PASSED AND APPROVED BY THE CVRC OF THE CITY OF CHULA VISTA, CALIFORNIA,
this 25th day of February, 2008, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Christopher H. Lewis,
Chairperson
ATTEST:
Eric Crockett, Secretary
4-17
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE MUNICIPAL CODE TO ADD CHAPTER 19.57,
OVERLAY DISTRICTS, AND SECTION 19.57.010 GENERAL
PURPOSE AND 19.57.020 THIRD AVENUE OVERLAY
DISTRICT. THE THIRD AVENUE OVERLAY DISTRICT
WILL ESTABLISH A THREE STORY OR 45-FOOT
MAXIMUM HEIGHT FOR PARCELS AND PORTIONS OF
PARCELS FRONTING ON THIRD AVENUE BETWEEN E
STREET AND G STREET, AND REQUIRES THAT NEWLY
CONSTRUCTED BUILDINGS OR ADDITIONS TO EXISTING
BUILDINGS UTILIZE NATIONALL Y RECOGNIZED
"GREEN" BUILDING STANDARDS
WHEREAS, the City of Chula Vista's current General Plan was last comprehensively
updated on December 13, 2005; and
WHEREAS, the General Plan allows for growth while maintaining and promoting
environmental values; and
WHEREAS, Chula Vista actively promotes the use of conservation technologies and
sustainability practices that reduce or eliminate the use of non-renewable resources; and
WHEREAS, a healthy and sustainable environment is highlighted in the Environmental
Element of the General Plan; and
WHEREAS, as expressed in Chapter 5 of the General Plan Section 9.5.1, the vision for
Third A venue between E and G Streets is that it should remain pedestrian-scaled with small
offices and multifamily housing redeveloped above the retail uses; and
WHEREAS, the General Plan, Land Use and Transportation (LUT) Element Chapter 5
Policy 49.15 directs that different portions of the Urban Core Subarea be recognized as having a
desirable character, and identifies the need to develop specific plans and programs to strengthen
and reinforce their uniqueness, specifically to develop land use; density; special design features;
and building guidelines for appropriate Focus Areas; and
WHEREAS, the General Plan, LUT Element, Chapter 5, Section 9.5.1 describes
buildings along Third Avenue's immediate street frontage as predominantly low rise to maintain
the traditional character; and
WHEREAS, the parcels along Third Avenue between E and G Streets are currently
subject to the requirements of the Urban Core Specific Plan, adopted by the City Council as
Ordinance No. 3070, adopted on May 15,2007; and
H:\AnomeyIFinal Resos12008\02 26 08\#4 _Third Avenue Overlay Zone (CLEA.... FINALL 02-26-08 doc
4-18
Ordinance No.
Page 2
WHEREAS, the Urban Core Specific Plan, Chapter VI, V- 2 Village regulations
currently limit building heights to 45 feet for most, but not all, of the properties along the
frontage of Third Avenue between E and G Streets; and
WHEREAS, in order to include all of the fronting parcels or portions thereof and ensure
sufficient and consistent protections, the City proposes the subject Third A venue Overlay
District to assure the goals of the General Plan and the Urban Core Specific Plan are
implemented in the zoning ordinance; and
WHEREAS, areas of land for inclusion in the subject Third Avenue Overlay District
contain all land parcels and portions thereof fronting on Third A venue between E Street and
G Street as shown on the map exhibit referred to hereafter as Exhibit I; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
Third Avenue Overlay District for compliance with the California Environmental Quality Act
(CEQA), and has determined that the project was covered in the previously adopted Urban Core
Specific Plan Final Environmental Impact Report, FEIR 06-01; that only minor technical
changes or additions to FEIR 06-01 are necessary; that none of the conditions described in
Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Environmental Review Coordinator has prepared an
addendum to FEIR 06-0 I; and
WHEREAS, the City Council has considered all the evidence submitted into the record
which includes, but is not limited to, the following: (a) the recommendation of the Planning
Commission at their special joint meeting of February 25, 2008; (b) the recommendation of the
Chula Vista Redevelopment Corporation at their special joint meeting of February 25, 2008;
(c) the City's General Plan; (d) the City's zoning regulations; (e) the City's Municipal Code;
(f) the Urban Core Specific Plan; (g) the staff report and agenda statement prepared by the
Planning Department; (h) staffs presentation at the City Council meeting held on February 26,
2008; and, (i) public comments, both written and oral, received and/or submitted at, or prior to,
the public meeting on February 26,2008, supporting and/or opposing the staff recommendation.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. Findings
That in order to protect the health, safety and welfare of the general public, the City must
impose a Third Avenue Overlay District on all parcels and portions thereof shown on Exhibit I;
which shall promote environmentally responsible development by requiring that nationally
recognized green building design and construction standards be applied to new construction
which will result in a more healthful community.
SECTION 3. That Chapter 19.57 is hereby added to the Chula Vista Municipal Code as
follows:
l:\AllorneyIOrdinanceIThird Avenue Overlay Zone (CLEAN FINALJ_02-26-08.doc
4-19
Ordinance No.
Page 3
Chapter 19.57
OVERLAY DISTRICTS
Sections:
19.57.010
19.57.020
General Purpose
Third A venue Overlay District
19.57.010 General Purpose
The general purpose of the overlay districts included in this chapter is to apply
additional zoning requirements on a geographic area. Overlay districts will be
applied to specific locations as indicated on the zone map and permit special
regulations to be invoked where appropriate or necessary to fulfill the intent of the
General Plan and/or Specific Plan policies, programs and requirements for those
geographic areas.
19.57.020 Third Avenue Overlay District
The Third A venue Overlay District shall apply to all parcels and portions of
parcels fronting on Third Avenue between E Street and G Street as shown on
Exhibit 1.
19.57.021 Purposes
The purposes of the Third Avenue Overlay District are to:
(a) Require buildings along Third Avenue's immediate street frontage
between E and G Streets to remain predominantly low rise;
(b) Limit the maximum permitted height of any newly constructed buildings
and additions to existing buildings in this area so as to encourage compatibility in
scale between new and older buildings;
(c) Require that any newly constructed buildings and additions to existing
buildings reduce energy consumption and use environmentally appropriate
construction materials to meet nationally recognized standards for green building
construction and design, so as to reduce the carbon footprint of new construction
in the segment fronting Third Avenue between E and G Streets of the City of
Chula Vista.
19.57.022 Maximum Height of New Construction
The maximum permitted height for any newly constructed buildings and
additions to existing buildings in the Third Avenue Overlay District shall be three
stories up to the height offorty-five feet (45 ft.). The height of a building shall be
defined according to Section 19.04.038.
J:IAUowey\OrdinanceIThird Avenue Overlay Zone (CLEAN F1NALl_02-26-08.doc
4-20
Ordinance No.
Page 4
19.57.023 Green Building Standards for New Construction
Newly constructed buildings and additions to existing buildings within the
Third Avenue Overlay District shall be required to meet nationally recognized
standards for Green building construction. Examples of the standards that will be
applied are those established by the U.S. Green Building Council's Leadership in
Energy and Environment Design (LEED) program.
SECTION 4. Effective Date
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
J:\AtlomeyIOrdinanceIThird Avenue Overlay Zone (CLEAN FINAL)_02-26-08.doc
4-21
~
~ THIRD AVENUE
~ OVERLAY DISTRICT
~ ~ 8\\l~
LC)
NORTH
4-22
Exhibit 1
CITY COUNCIL
AGENDA STATEMENT
Item No.: 5
Meeting Date: 2/26/08
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORATE OF THE CITY, PURSUANT TO
ELECTIONS CODE SECTION 9222, A CITY MEASURE
RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR
SPECIFIED COMMUNITY-BENEFITING USES, AT THE
GENERAL ELECTION TO BE HELD ON TUESDAY, JUNE 3,
2008, AS CALLED BY RESOLUTION NO. 2008-016
SUBMITTED BY:
CITY COUNCIL LEGISLATIVE SUBCOMMITTE~' ,
CITY MANAGER "7 T -Fs r D~~
ASSIST ANT CITY MANAGER ";> 'J.
REVIEWED BY:
4/5THS VOTE: YES
NO X
SUMMARY
This item is a resolution to place a measure on the June 3, 2008 ballot. On February 5, 2008 the
Legislative Subcommittee of the Chula Vista City Council, consisting of Mayor Cox and Deputy
Mayor Rindone, directed staff to prepare a ballot measure for Council consideration. The
measure will amend the City's General Plan regarding the ability to use the established General
Plan Amendment process to consider certain community benefiting projects that may propose
buildings taller than 84 feet.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity,
placement of a measure on the ballot, is not a "Project" as defined under Section 15378 of the
State CEQA Guidelines because it will not result in a direct physical change to the environment;
therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Although environmental review is not necessary at this time, when future
projects that may be subject to the provisions of the ballot measure are defined, environmental
review will be required and a CEQA determination completed.
5-1
Item No.: 5
Meeting Date: 2/26/08
Page 2 of3
RECOMMENDATION
The Legislative Subcommittee of the City Council recommends that the City Council adopt the
resolution and direct the City Clerk to submit the measure to the County Registrar of Voters with
the required fees to place the item on the June 3, 2008 ballot.
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
The proposed ballot measure is a companion ordinance to a citizen-initiated initiative entitled
"Protection of General Plan Through Voter Approval of Certain Changes and Designation of
Height Limits." That measure seeks to amend the General Plan to add provisions that would
require voter approval for any future buildings in excess of 84 feet in most areas of the City;
rather than to use the established General Plan Amendment public review process.
This measure serves as a companion ordinance to protect against the possible unintended
consequences of discouraging certain important community-benefiting uses. It allows for future
consideration of buildings for such uses, in excess of 84 feet, through the established General
Plan Amendment process, rather than by a vote of the people. The community-benefiting uses
are as follows:
I) Hospitals or medical care-related facilities;
2) Universities, colleges, or higher education associated facilities;
3) Places of worship and related facilities;
4) Courthouses, justice, or public safety-related facilities;
5) Senior care, long term care, or assisted living facilities.
Mandating voter approval for any future changes to the General Plan regarding allowable heights
of buildings for these important community-benefiting uses could deter these uses in the future,
by placing additional costs and burdens on such projects. The requirement to obtain voter
approval could add an additional degree of uncertainty to the process beyond obtaining a General
Plan amendment that could result in these uses locating elsewhere.
The proposed ballot measure ensures that the public retains a voice in the General Plan process
while also protecting the opportunity for proponents of specified community-benefiting projects
to use existing processes to bring those uses to the City.
The General Plan vision includes all of these types of uses in order to provide a balanced
spectrum of uses in the City. These uses provide a benefit that is critical to the community and
of high value to Chula Vista residents and to residents of the South Bay of the County of San
Diego.
The General Plan Update was adopted on December 13, 2005, as a comprehensive, long-range
vision for the physical development of the community. The General Plan is a fluid document
5-2
Item No.: 5
Meeting Date: 2/26/08
Page 3 of3
that is intended to be reviewed and updated on a regular basis in response to the changing
community needs.
The General Plan envisions other planning programs such as the "H" Street Corridor Study and
the on-going University planning efforts. It is possible that through these other planning
programs, additional areas where high-rise buildings would be appropriate will be identified. At
the time the General Plan was adopted, it was envisioned that, over time, the General Plan
amendment process would be the proper vehicle to examine potential changes in circumstances
that would warrant additional areas being considered for high-rise development.
The intent of the General Plan is that consideration of high rise construction will be judiciously
reviewed. To this end, Section 7.2 of the Land Use and Transportation Element of the General
Plan contains policies and performance measures for the review of proposed high-rise
development, including the four areas already identified in the General Plan for high-rise
development.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
I 8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
Adoption of the ballot measure will cost an estimated $54,000. The amount is available within
the General Fund Operating Budget.
Prepared by: Ed Batchelder, Advanced Planning Manager& Marilyn Ponseggi. Principal Planner, Department of
Planning & Building
J:',Planning\MARlLYN\Ballot Measures\Height Initiative Agenda Statement. doc
5-3
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORATE OF THE CITY, PURSUANT TO
ELECTIONS CODE SECTION 9222, A CITY MEASURE
RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR
SPECIFIED COMMUNITY-BENEFITING USES, AT THE
GENERAL ELECTION TO BE HELD ON TUESDAY, JUNE 3,
2008, AS CALLED BY RESOLUTION NO. 2008-016
WHEREAS, a General Municipal Election on Tuesday, June 3, 2008, has been called by
Resolution No. 2008-016, adopted on January 15,2008; and
WHEREAS, by adoption of Resolution No. 2008-016, the City requested that the County of
San Diego Board of Supervisors permit the Registrar of V oters to perform and render all services and
proceedings related to the conduct of the June 3, 2008, election; and
WHEREAS, pursuant to the authority of Elections Code section 9222, the City Council of the
City of Chula Vista intends to place a measure, relating to General Plan height protection for specific
community-benefiting uses on the June 3, 2008, ballot; and
WHEREAS, at the February 5, 2008, City Council meeting, the Legislative Subcommittee,
consisting of Mayor Cox and Deputy Mayor Rindone, directed preparation of this measure for
consideration by the full City Council; and
WHEREAS, the City Council intends this measure to be a companion measure to the citizen-
initiated measure, entitled "Protection of General Plan Through Voter Approval of Certain Changes
and Designation of Height Limits," that was placed on the June 2008 ballot by the City Council by
Resolution No. 2008-025, on January 22, 2008; and
WHEREAS, the citizen-initiated measure, if approved by voters, would require future voter
approval for any building in excess of 84 feet in most areas of the City; and
WHEREAS, the City Council has expressed concern that the requirement to conduct an
election for approval of individual projects will impact future projects by increasing costs, time, and
uncertainty; and
WHEREAS, the City Council desires to ensure that proponents of future community-
benefiting projects are not deterred from locating their projects in the City; and
WHEREAS, the City Council has identified these community-benefiting projects as hospitals
or medical care-related facilities; universities, colleges, or higher education associated facilities;
places of worship and related facilities; courthouses, justice, or public-safety related facilities; and
senior care, long term care, or assisted living facilities; and
5-4
Resolution No. 2008-
Page 2
WHEREAS, this measure, if approved in June 2008, would allow proponents of these future
community-benefiting projects, in excess of 84 feet, to obtain approval through the established
General Plan Amendment process that involves rigorous and public review, rather than voter
approval; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity, placement ofameasure on the ballot, is not a "Project" as defined under Section 15378 of
the State CEQA Guidelines because it will not result in a direct physical change to the environment;
therefore, pursuant to Section 15060 (c )(3) of the State CEQA Guidelines the activity is not subject
to CEQA. Although environmental review is not necessary at this time, when future projects that
may be subject to the provisions of the ballot initiative are defined, environmental review will be
required and a CEQA determination completed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows:
SECTION I. All of the foregoing recitals are true and correct.
SECTION 2. That the City Council, pursuant to its right and authority, does hereby place a
measure entitled "General Plan Height Protections for Community Benefit," a copy of which is
attached hereto as Exhibit A, on the ballot for the General Municipal Election, to be held on June 3,
2008, and orders submitted to the voters the following question:
Shall Chula Vista's General Plan be amended to YES
allow the construction of hospitals or medical care- NO
related facilities; universities, colleges, or higher
education associated facilities; places of worship and
related facilities; courthouses, justice, or public
safety-related facilities; and senior, long-term care, or
assisted care facilities, above 84 feet, without prior
voter approval, provided the projects adhere to a
oublic review orocess?
SECTION 3. Should the question be approved by the requisite vote, the measure attached
hereto as Exhibit A, and incorporated by this reference shall be enacted.
SECTION 4. The City Attorney is hereby directed to prepare an impartial analysis of the
measure, which shall be filed by the date set by the City Clerk for the filing of arguments.
SECTION 5. The City Clerk is directed to prepare and publish a notice of the measures to be
voted on. Arguments shall be due by March 19,2008, and the 10-day public review period for the
arguments shall be from March 20 to March 31, 2008.
5-5
Resolution No. 2008-
Page 3
SECTION 6. The City Council hereby acknowledges its authority, pursuant to California
Elections Code section 9282, to submit a written argument not to exceed 300 words in length.
SECTION 7. That in all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 8. The City Clerk is hereby directed to file a certified copy of this resolution with
the Board of Supervisors and the Registrar of Voters of the County of San Diego.
Presented by
Approved as to form by
Cheryl Cox, Mayor
City Council Legislative Subcommittee
C\:>.o"~~~~~~ \b{
Ann Moore
City Attorney
Presented by
Jerry R. Rindone, Deputy Mayor
City Council Legislative Subcommittee
5-6
EXHIBIT A
The People of the City of Chula Vista do hereby enact and ordain:
Section I.
TITLE
This measure shall be known and may be cited as "General Plan Height Protections for
Community Benefit."
Section 2.
PURPOSE AND FINDINGS
2.1 Purpose. The purpose of this ordinance, submitted by the City Council of the City of
Chula Vista to the voters for approval, is to amend the General Plan to protect the ability of the
City to use the established General Plan Amendment process to consider certain community
benefiting projects that may propose buildings taller than 84 feet.
This ordinance serves as a companion ordinance to a citizen-initiated measure entitled
"Protection of General Plan Through Voter Approval of Certain Changes and Designation of
Height Limits." The citizen-initiated measure seeks to amend the General Plan to add provisions
that would require voter approval for any future building in excess of 84 feet in most areas of the
City, rather than use the established General Plan Amendment public review process.
Requiring voter approval for individual projects would be costly and could discourage certain
future projects that would benefit the community and are of high value to Chula Vista residents.
This measure serves as a companion ordinance to protect against possible unintended
consequences of discouraging certain important community-benefiting uses. It allows for future
consideration of buildings, in excess of 84 feet, through the established General Plan
Amendment process, rather than by a vote of the people, for community-benefiting uses that are
of high value to Chula Vista residents and to residents of the South Bay of the County of San
Diego. The uses are as follows:
1) Hospitals or medical care-related facilities;
2) Universities, colleges, or higher education associated facilities;
3) Places of worship and related facilities;
4) Courthouses, justice, or public safety-related facilities;
5) Senior care, long term care, or assisted living facilities.
Under the authority of California Government Code sections 65300 through 65361 and Chula
Vista Municipal Code Chapter 19.06, the Chula Vista City Council adopted the General Plan, on
December 13,2005, as a comprehensive, long-range vision for the physical development of the
community. By state law, the General Plan is a fluid document to be reviewed and updated on a
regular basis in response to changing community needs.
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The current General Plan Amendment process requires proposals to follow strict established
procedures and criteria, and provides an opportunity for the people of Chula Vista to be heard
through public hearings by the Planning Commission and City Council. This measure ensures
that the people retain their voice to protect against the adverse effects of projects that could result
in diminishing the quality of life, and also protects the opportunity for proponents of specified
community-benefiting projects to use existing processes to bring those uses to the City.
2.2 Findings
The People of the City of Chula Vista find and declare as follows:
1) The General Plan provides a comprehensive, long-term plan for the physical development
of the City.
2) State and local laws provide for an open, public decision-making process with specific
procedures and criteria for amending the General Plan if needed for the benefit of the
community.
3) Mandating voter approval for any future changes to the General Plan regarding allowable
heights of buildings for certain designated uses might deter these community-benefiting
uses in the future, by placing additional burdens and increased costs, time, and
uncertainty on project proponents and the City. The City, a project proponent, and
ultimately taxpayers might bear the cost ofthese elections.
4) This initiative allows for these community-benefiting projects to move forward without
the need for a vote by the electorate, while still adhering to established procedural and
substantive requirements for public review and decision-making, as mandated by local
and state law.
5) The uses protected by this ordinance, specifically hospitals or medical care-related
facilities; universities, colleges, or higher education associated facilities; places of
worship and related facilities; courthouses, justice, or public safety-related facilities; and
senior care, long term care, or assisted living facilities, are all integral parts of the City
and must be retained in order to provide a healthy and sustainable quality of life.
6) This ordinance is intended to be a companion ordinance, consistent with, and in harmony
with the ordinance, entitled "Protection of General Plan Through Voter Approval of
Certain Changes and Designation of Height Limits," which is placed on the same ballot.
By approving this ordinance, the People find and declare that these two ordinances on the
same ballot are not in conflict with each other. The People recognize and acknowledge
that, as provided by California Elections Code section 9217, each ordinance must be
approved separately and independently by a majority of the voters voting on the
ordinance in its favor for each to become a valid and binding ordinance of the city.
The People of the City of Chula Vista desire the General Plan to be amended to add the measure,
entitled "General Plan Height Protections for Community Benefit," to the Land Use and
Transportation Element of the General Plan.
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Section 3.
GENERAL PLAN AMENDMENT
The Chula Vista General Plan is hereby amended, by adding the following additional policy, at
Chapter 5, Land Use and Transportation Element, section 7.2 under Objective LUT 2, as an
additional policy as set forth in this Section:
No voter approval shall be required for any amendment to the General Plan requesting a change
to allow high-rise building form or buildings in excess of 84 feet for the following types of land
uses intended to benefit the community:
I) Hospitals or medical care-related facilities;
2) Universities, colleges, or higher education associated facilities;
3) Places of worship and related facilities;
4) Courthouses, justice, or public safety-related facilities;
5) Senior care, long term care, or assisted living facilities.
These uses may be authorized by the City Council pursuant to established procedures and criteria
for amending the General Plan. In authorizing such use, the City Council shall adhere to all
applicable standards and regulations for public safety, community use, environmental review,
and public review, including but not limited to compliance with standards set forth at Land Use
and Transportation Element section 7.2 (LUT 2.4).
Section 4.
IMPLEMENTATION
4.1 Effective Date. This measure shall become effective upon passage by the voters in
accordance with Elections Code section 92 I 7. With respect to the General Plan Amendments
contained in Section 3 of this measure, if the number of General Plan Amendments in the
calendar year as permitted by California Government Code section 65358 have already been
utilized, the Amendments to the General Plan enacted by this measure shall be the first
amendments processed after January I of the next year following passage.
4.2 Interpretation and Authority to Amend Other City Ordinances, Codes and Policies.
This measure shall be interpreted so as to be consistent with all federal and state laws. It shall be
broadly interpreted and construed in order to achieve the purpose and findings stated in the
measure. The City is hereby authorized to make any other amendments to the General Plan, the
Zoning Ordinance, or any other plans, policies, or ordinances necessary to fully implement the
provisions of this measure and to ensure consistency between the provisions of this measure and
all other elements of the General Plan, the Zoning Ordinance, and any other plans, policies, or
ordinances.
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4.3 Severability. If any section, sub-section, sentence, clause, phrase, part, or other portion
of this measure, or application thereof, is held to be invalid or unconstitutional by a final
judgment of a court of competent jurisdiction, such decision shall not affect the remaining
portions or provisions of this measure. It is hereby declared by the people voting for this measure
that this measure, and each section, sub-section, sentence, clause, phrase, or portion thereof
would have been adopted or passed even if one or more sections, sub-sections, sentences,
clauses, phrases, parts, or portions, or the application thereof, are declared invalid or
unconstitutional.
5-10
DATE:
February 26, 2008
TO:
Honorable Mayor and City Council
VIA:
David Garcia, City Manager
Scott Tulloch, Assistant City Ma ager
/'1/
Louie Vignapiano, Director ofInformation & Technology ServiceS'1t
FROM:
SUBJECT:
Live From Chula Vista...
Several weeks ago Council authorized staff to spend up to $2,000 to allow for the live broadcast of
City Council meetings on Cox Channel 24. Staff was able to work with the vendor to find a way to
use existing wiring in the facility to accomplish this, thereby saving a substantial amount of money
by not running new cabling for this purpose.
Staffis pleased to inform Council that beginning with the Council Meeting of Tuesday February 26,
2008 we will begin live telecast ofthe Council meeting. The total cost for this project was $895.90.
If you have any questions regarding this, or the ITS department in general, please contact me at (619)
476-5319.