RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
GENERAL PLAN PERTAINING TO THE DISSOLUTION OF
THE GROWTH MANAGEMENT OVERSIGHT COMMISSION,
AND THE MASTER FEE SCHEDULE NO. 14 -100 (GENERAL
PLANNING FEES) TO INCREASE THE SUBMITTAL FEE FOR
APPEAL APPLICATIONS
WHEREAS, on November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions, including the dissolution of the Growth Management Oversight Commission (“GMOC”); and
WHEREAS, parts of the Chula Vista General Plan were in need of amendments as a result of the GMOC’s dissolution and to streamline residential development within the City; and
WHEREAS, appeals of a discretionary decision regarding a planning application require the timely scheduling of a public hearing within a specified, legal timeframe; and
WHEREAS, a separate municipal code amendment package will also amend several Chula Vista Municipal Code (“ CVMC”) Titles to reflect that all such appeal applications are to be submitted and processed through the City Clerk’s Office; and
WHEREAS, in order to achieve full and equitable cost recovery for services , the Council wishes to amend Master Fee Schedule No. 14 -100 (General Planning Fees) to increase the submittal fee related to appeal filing fee, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full; and
WHEREAS, the proposed increased appeal fee does not exceed the estimated reasonable cost of providing the associated services; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections 1(e)(2) and 1(e)(3) of Article XIII C of the California Constitution; and
WHEREAS, staff presented the proposed CVMC amendment regarding the amendments to the General Plan, and, increased fees related to appeal applications for a discretionary decision relating to a planning application to the Development Oversight Committee on September 27, 2023, which recommended adoption; and
Resolution No. __________
WHEREAS, the Planning Commission held a duly noticed public hearing on December 13, 2023 at 6pm on the subject Ordinance and voted 7-0-0 to adopt Resolution No. 2023-26 regarding the amendments to the General Plan and its Implementation Plan, and, increased fees related to appeal applications for a discretionary decision relating to a planning application, and thereby recommends that the City Council adopt this Resolution; and
WHEREAS, the proposed amendments to the General Plan and Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council; and
WHEREAS, the Director of Development Services has reviewed the proposed activities described in the related Staff Report for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the subject activities are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines beca use the proposed activities consist of updates and modifications to the City’s Master Fee Schedule and General Plan related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. The City ’s Planning Commission concurs with this determination; and
WHEREAS, if the activities described in the related Staff Report for this matter are deemed to be a “Project”, then the Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qualify for the “common sense” exemption under State CEQA Guid elines Section 15061(b)(3). The action partially involves updates to some City General Plan Elements to ensure compliance with State law. The actions of updating and modifying the General Plan with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC and under State law.
Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC and the General Plan, the actions will not have a significant effect on the environment. The City Planning Commission concurs with this determination; and
WHEREAS, the City Council set the time and place for a hearing on the subject General Plan and Master Fee Schedule amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the hearing was held to consider said General Plan and Master Fee Schedule amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the City’s General Plan, General Plan Implementation Plan, and Master Fee Schedule No. 14-100 (General Planning Fees), pertaining to the dissolution of the GMOC and to increase the submittal fee relat ed to appeal applications , as set forth in Exhibit 1 to this Resolution No.
Resolution. The amendments shall become effective upon adoption of this Resolution by the City Council.
The City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does here by also adopt all findings made by the Planning Commission, which are attached hereto and incorporated herein by this reference, as if said findings were their own (Attachments 1, 2, 3, 4, and 5).
Presented by Approved as to form by
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney
Attachments:
1 – Master Fee Schedule 14-100
2 – Draft Amendments to General Plan Land Use Element
3 – Draft Amendments to General Plan Housing Element
4 – Draft Amendments to General Plan Environmental Element 5 – Draft Amendments to General Plan Implementation Plan