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ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 15.04.018 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO “ADDITIONAL PLANNING, DESIGN, CONSTRUCTION, AND POST CONSTRUCTION REQUIREMENTS FOR ALL LAND DEVELOPMENT AND REDEVELOPMENT PROJECTS” (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.
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SUMMARY
The proposed amendment to Municipal Code (CVMC) Section 15.04.018 relating to “Additional planning, design, construction and post construction requirements for all land development and redevelopment projects” will provide consistency with previously amended CVMC Chapter 14.20 and will incorporate, by reference; the City of Chula Vista Best Management Practice Design Manual “BMP Design Manual December 2015” approved by Council on January 12, 2016, Resolution No. 2016-003.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Notwithstanding the foregoing it has also been 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 the CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On May 08, 2013, the San Diego Regional Water Quality Control Board (Regional Board) adopted Order No. R9-2013-0001 (Municipal Permit). The Municipal Permit regulates discharges to storm drain systems within 18 municipalities in San Diego County, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District, as well as 13 Copermittees in Orange County and 5 Copermittees in Riverside County (collectively referred to as “Copermittees”).
On June 16, 2015, City Council approved an amendment to the Chula Vista Municipal Code (CVMC) Chapter 14.20 to bring the Code into compliance with the Municipal Permit. The proposed amendment to CVMC Section 15.04.018 relating to “Additional planning, design, construction and post construction requirements for all land development and redevelopment projects” will provide consistency with the previous Chapter 14.20 Ordinance amendment.
Furthermore, the proposed amendment to CVMC Section 15.04.018 would incorporate by reference the City of Chula Vista Best Management Practice Design Manual “BMP Design Manual December 2015” approved by Council on January 12, 2016. The Manual establishes new requirements and guidelines for development and redevelopment projects in the City of Chula Vista to comply with the City’s storm water and non-storm water requirements on new development and redevelopment projects, during both the construction and post-construction phases of projects.
The proposed actions would place the CVMC Section 15.04.018 amendment on first reading.
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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Amending CVMC Section 15.04.018 supports Operational Excellence as it allows the City to improve the water quality through reducing and prohibiting storm water and non-storm discharges of pollutants to its municipal separate storm sewer system (MS4) receiving waters within the San Diego Bay Watershed Management Area
CURRENT YEAR FISCAL IMPACT
Updating the City of Chula Vista BMP Design Manual is a MS4 Permit requirement, which in itself will not have fiscal impacts on the City. The City’s costs for compliance with the MS4 Permit in Fiscal Year 2015-2016 have been included in the Public Works budget for Fiscal Year 2015-2016. Therefore, no appropriation is required.
ONGOING FISCAL IMPACT
The requested action by itself will not result in any ongoing fiscal impact to the City. However, compliance with the Municipal Permit demands ongoing program expenditures. Based on experience, with each re-issuance of the Municipal Permit, more stringent and costly requirements can be expected.
Project submittal reviews and inspection services relating to development projects are chargeable to project developer deposit accounts. Funds required to cover BMP Design Manual updates costs for each additional year will be programmed as part of the City’s Public Works budget for that Fiscal Year as part of the normal budget process.
ATTACHMENTS
(1) Proposed amendments to CVMC Section 15.04.018
Staff Contact: Boushra Salem P.E., Senior Civil Engineer (Department of Public Works Engineering-Stormwater Management Section)