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HomeMy WebLinkAboutReso 2009-282RESOLUTION NO. 2009-282 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE UPDATED CHULA VISTA AIR QUALITY IMPROVEMENT PLAN GUIDELINES (OCTOBER 2009) WHEREAS, the City of Chula Vista Growth Management Ordinance and Growth Management Program require that an Air Quality Improvement Program (AQIP) be submitted for all major development projects (50 dwelling units or greater, or commercial/industrial projects with equivalent air quality impacts to a residential project of 50 or more dwelling units); and WHEREAS, in accordance with the Growth Management Program, the AQIP must provide an analysis of air pollution resulting from the project, methods to improve traffic flow, reduce vehicle miles traveled, use of traffic control measures, methods to reduce direct or indirect emission, and a program to monitor compliance; and WHEREAS, in 2003 AQIP Guidelines were developed to direct the prepazation of required AQIPs; and WHEREAS, the existing AQIP Guidelines have not been updated since they were first introduced in 2003 and have now become outdated; and WHEREAS, the updates to the AQIP Guidelines have been developed to reflect advancements in quantitative modeling procedures, smart growth community site design principals, and future compliance options with the City's increased minimum Energy Efficiency Standards; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary; and WHEREAS, a meeting was held at the time and place as advertised, namely 4:00 p.m., October 12, 2009 in the Council Chambers, 276 Fourth Avenue, before the Resource Conservation Commission; and WHEREAS, the Resource Conservation Commission having received certain evidence on October 12, 2009 as set forth in the record of its proceedings and incorporated herein by this reference, voted unanimously to approve a recommendation that Planning Commission recommend Council adoption of the proposed updates to the AQIP Guidelines; and Resolution No. 2009-282 Page 2 WHEREAS, a heazing was held at the time and place as advertised, namely 6:00 p.m., October 28, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on October 28, 2009 as set forth in the record of its proceedings and incorporated herein by this reference, voted 4-0-0-1 to not approve the proposed Resolution recommending Council adoption; and thereby did not support the proposed updates to the AQIP Guidelines; and WHEREAS, a public hearing was held at the time and place as advertised, namely 4:00 p.m., December 8, 2009 in the Council Chambers, 276 Fourth Avenue, before the City Council wherein the City Council, having received certain evidence as set forth in the record of its proceedings and incorporated herein by this reference, closed the hearing; and WHEREAS, the City Council has determined that the current AQIP Guidelines should be updated because: (i) the current Guidelines require compliance with 2001 Energy Code requirements, that have been surpassed by two revisions (2005 and 2008); (ii) the City's recently-adopted Energy Efficiency Ordinance (CVMC 15.26.030), requires all new buildings to exceed the 2008 Title 24 requirements by 15% to 20%; and (iii) the INDEX computer modeling program used in the current Guidelines is based on performance scores established onthen-existing (2001) neighborhoods that reflected development practices prior to any special consideration to energy efficiency. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista Air Quality Improvement Plan Guidelines (October 2009) as identified in Exhibit A, a copy of which is on file in the office of the City Clerk. Presented by Gary albe P.E., AICP Deputy City Manager, Director of Development Services Approved as to form by ' ~~~i C. Mi el City Att ey Resolution No. 2009-282 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of December 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None l^ Cheryl Cox, ay r ATTEST: Donna R. Norris, C ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-282 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of December 2009. Executed this 8th day of December 2009. T~ ,.~ ~Ah Donna R. Norris, CMC, City Clerk