Agenda Packet 1992/03/03
óiJ der;!~re under penalty of perjury that I am
em~roj'ej by tile City of C;1U¡a Vista in the
o.:',::co 0;' the City C!erk an:::! that ¡ posted
, ¡" ';'~'n""r""i"e t' ~ II" 8
",.'.:J h,:,lw! ..;,.; ,.;U~.. en I~e ol1 e"m oard at
Tuesday, March 3, 1992 ',;," ',l:"'i¡S'D)ces Bu!;:I;c1 ~at Cjt~! on Council Chambers
4:00 p.m. [. . i.-' , .~ ~ ..J) 9.2- SjG",1~~1 0"· c-. ". . .
, - ,,-- "-'-r "___ Pubhc Services BUlldmg
Resrular Meetinsz of the City of Chula Vista City Council
CALL TO ORDER
1. ROU. CALL: Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone -' and
Mayor Nader _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SJLENT PRAYER
3. APPROVAL OF M1NUTES: December 19,1991 and FebruarY 15,1992
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the Month of March 1992 as "MENTAL RETARDATION MONTH" - The
proclamation will be presented by Mayor Nader to Mr. Anthony De Salis, Area Director of
the Starlight Center.
b. Proclamation commending the Bonita Optimist Club for their "Family Park Project" at Rohr-
Sweetwater Park - The proclamation will be presented by Mayor Nader to Mr. Jerey Fulk,
representing the Bonita Optimist Club.
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the foUowing items listed under the Consent Calendar will be enacted by the
Councü by one motion without discussion unless a Coutu:iJmember, a member of the publú: or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" avaüable in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendoiion.) Items pulkd from the Consent CaIendnr will be discussed after Action Items and Boards and
Commission Recommendations. Items pulled by the pub1ú: will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting a renewal of lease for The American Legion - Robert L. McCauley,
Chairman Building Committee, The American Legion, Chula Vista Post 434, 47 Fifth Avenue,
Chula Vista, CA
b. Letter of resignation from the Design Review Committee - Adrienne Landers
c. Letter requesting waiver offees in excess of $1,000 for Used Car Facility at 1506 Broadway·
Fernando Durazo, 272 A Rancho Court, Chula Vista, CA 91911.
_w_ ,______ --.-- __ ___....__._...____..____ _" ,u_·, _
Agenda -2· March 3, 1992
d. Claims against the City: Claimant No. 1) Mr. Cipriano Torres, c/o Law Office of Cesar E.
Trevino, 860 Union Street, San Diego, CA 92101, and 2) Mr. Eliseo M. Villa, Paul W. Legler,
Esq., Attorney at Law, 231 Fourth Avenue, Chula Vista, CA 91910. It is the recommendation
of the claims adjustors, Carl Warren & Company, and Risk Management that the claims be
denied.
6. ORDINANCE 2496 ADOPTING THE SAN DIEGO DMSION OF THE LEAGUE OF CAIJFORMA
CITIES GRAFFITI ORDINANCE (second readinsz and adoption) - The San
Diego Division of the League of California Cities appointed a task force to
deal with the problems of graffiti throughout San Diego CounrY. The City
of Chula Vista's City Attorney, in conjunction with the San Diego County
City Attorney's Association, developed a model graffiti ordinance. The San
Diego Division has requested that all cities adopt the model ordinance.
Staff recommends Council place ordinance on second reading and
adoption. (Councilman Moore)
7. ORDINANCE 2495 CHANGING THE ZONE CLASSIFICATION FROM I-~P TO C-C-P FOR THE
SOUTIiERN 1HREE ACRES OF THE PALOMAR TROIJ.EY CENTER
PROJECT, AND MAKING FINDINGS TO PERMIT APPUCATION OF THE "P"
MODIFIER; AND CHANGING THE ZONE CLASSIFICATION FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARTMENT RESIDENTIAL (R-3)
TO APARTMENT RESIDENTIAL WITH A P-MODIFIER, NOT MORE 11iAN
TWENTY-1WO UNITS PER ACRE ("R-3-P-22") (second readinsz and
adoption) - The City-initiated General Plan Amendment, MontgomerY
Specific Plan Amendment, and rezone for three acres located on the
southerly side of Palomar Street are required actions for implementation
of an expanded 18.2 acre Palomar Trolley Center commercial project
pursuant to Council/Redevelopment Agency direction in August 1990.
Staff recommends Council place ordinance on second reading and
adoption. (Director of Plarming)
8. ORDINANCE 2497 AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABUSH THE CLASSIFICATIONS OF POUCE CAPTAIN AND
ASSISTANT DIRECTOR OF BUILDING AND HOUSING IN THE
UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA (first readinsz) .
On 2/25/92, Council approved the movement of Police Captain
classification from the Mid-Management group to the Executive group,
subject to ordinance adoption. Additionally, Council approved placing the
position of Assistant Director of Building and Housing in the Unclassified
Service; however, the Municipal Code was inadvertently not amended at
that time. Approval of the ordinance will place both positions in the
Unclassified Executive Service. Staff recommends Council place ordinance
on first reading. (Director of Personnel)
9. RESOLUTION 16528 DIRECTING CALL FOR CONSTRUCTION BIDS IN ASSESSMENT DISTRICT
90-2 (OTAY VALLEY ROAD) - Preparations are being made to bring
Assessment District 90-2, Otay Valley Road, to the Council in the near
future for a public hearing. As a preliminary step in the proceedings, it is
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Agenda ·3· March 3, 1992
recommended that the City advertise for construction bids at this time.
Staff recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 16529 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION
OF THE RANCHO DEL REY FIRE TRAINING TOWER LOCATED AT "H"
STREET AND PASEO RANCHERO· The general scope of the project is to
construct a four-storY concrete fire training tower on a two-acre site on
Paseo Ranchero adjacent to East "H" Street. Currently, the City's only
existing fire training tower exists at the East "J" Street Fire Station.
Construction of the new fire station at East" J" Street has restricted the use
of the existing fife training tower and a new training facility is needed.
Staff recommends approval of the resolution and award contract to
Diversicon General Contractors in the amount of $236,775. (Director of
Public Works)
11. RESOLUTION 16506 APPROVING AN AGREEMENT WI1H FN PROJECTS TO PROVIDE LOW
AND MODERATE INCOME HOUSING WITIilN SALT CREEK I - Condition
No. 11 of the Tentative Map required the applicant to reach an agreement
with the City to devote 10% of the project units to low and moderate
income housing. The agreement provides for 2.5% low and 7.5% moderate
income housing within the Salt Creek I "Condominium Project Area". The
developer will subsidize the low income units be depositing $301,878.15
into an escrow account to be used by the City to assist approximately
thirteen low income purchases in Salt Creek I. Staff recommends approval
of the resolution. (Director of Community Development) Continued from
the meeting of 2/25/92.
12.A. RESOLUTION 16530 APPROVING AGREEMENTWITIiESGIL CORPORATION TO PROVIDE PLAN
CHECK ENGINEERING SERVICES . The agreement will provide engineering
technical support to the Department of Building and Housing for plan
review on projects which mandate greater expertise in structural
engineering due to complexity of the structural or building envelope
analysis. Staff recommends approval of the resolution and authorize the
Mayor to execute the agreement. (Director of Building and Housing)
B. RESOLUTION 16531 APPROVING AGREEMENT WI1H WIIJ.DAN ASSOCIATES TO PROVIDE
PLAN CHECK ENGINEERING SERVICES - The agreement will provide the
Department of Building and Housing with plan review on projects which
mandate greater expertise in structural engineering due to complexity of
the structural or building envelope analysis. Staff recommends approval
of the resolution and authorize the Mayor to execute the agreement.
(Director of Building and Housing)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as pub1ú: hearings as requÙ'ed by law. If you wish to speak
to any item, please fill out the "Request to Speak Form' avaüable in the lobby and submit it to the City Clerk prior
_ ._._......_,...._.'_'_M' _ _.. .____.._._____._ "-" -_._---_."_.,-_.~---_._._.._-- .
Agenda ·4- March 3, 1992
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommenda1ion.) Comments are 1imiJed to five minutes per individual
13. PUBUC HEARING CONCERNING THE COMPREHENSIVE HOUSING AFFORDABIU1Y
SfRATEGY . The National Affordable Housing Act of 1990 requires all
jurisdictions applying for ftmding assistance under most programs
administered by HUD to submit a Comprehensive Housing Affordability
Strategy. Staff recommends Council open the public hearing and take
public comment. (Director of Community Development) Continued from
the 2/25/92 meeting.
REPORT DESCRIBING THE COMPREHENSIVE HOUSING AFFORDABIU1Y
SfRATEGY (CHAS)
14. PUBUC HEARING CONSIDERATION OF THE DRAFT CHULA VISTA HOUSING ELEMENT OF
1991 - The City-initiated amendment to the City General Plan constitutes
an update of the Housing Element of 1986 as required by State law. Staff
recommends Council approve the resolution. (Director of Planning)
RESOLUTION 16532 ADOPTING THE HOUSING ELEMENT OF 1991 AS A COMPONENT OF THE
CI1Y GENERAL PLAN
ORAL COMMUNICATIONS
This is an opportunity for the general pub1ú: to address the City Coundl on any subject matter within the Council's
jurisdú:tion that is not an item on this agenda. (Stale law, however, generaIIy prohibits the City Councü from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subjec~ please complete the yeUow "Request to Speak Undo Oral Communú:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to spea1c, please give your name and address
for record purposes and follow up action. YOIIT time is 1imiJed to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agenda are erpected to e1ú:it substantial discussions and deliberations by the
Council, staff, or members of the general pub1ú:. The items will be considered individuaI1y by the Councü and staff
recommendations may in certain cases be presented in the a1temotive. Those who wish to speak, please fill out
a "Request to Speak" form avaüable in the lobby and submit it to the City Clerk prior to the meeting. Publú:
comments are 1imiJed to five minutes.
15. RESOLUTION 16525 CAlJJNG AND GMNG NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUNTY
BOARD OF SUPERVISORS TO CONSOUDATE THE SPECIAL MUNICIPAL
ELECTION TO BE HElD ON TIJESDAY, JUNE 2,1992, FOR THE PURPOSE
OF SUBMITI1NG TO THE VOTERS AN ADVISORY QUESTION REGARDING
THE BI-NATIONALAIRPORT AND A CHARTER AMENDMENT REGARDING
RUN-OFF ELECTIONS, AND APPROPRIATING FUNDS THEREFOR - Staff
recommends approval of the resolution an appropriating $25,000 from the
unappropriated general fund to 100-0170-5202. (Assistant City Attorney
Rudolf and City Clerk) 4/5th's vote required. Continued from the meeting
of 2/25/92.
Agenda ·5· March 3, 1992
16. RESOLUTION 16533 APPROVING AN APPROPRIATION OF $14,168 TO AMEND THE FISCAL
YEAR 91/92 BUDGET FOR NORMAN PARK CENTER AND PUBUC WORKS
OPERATIONS; UPGRADING A RECREATION SUPERVISOR n POSmON TO
SENIOR RECREATION SUPERVISOR; ADDING A ONE-TEN1H FUIJ. TIME
EMPLOYEE RECREATION LEADER, AND A ONE-HALF TIME CUSTODIAN
I - On 12118/90, the City awarded a $2.3 million contract for the
renovation of Norman Park Center. Construction began in JanuarY 1991
and staff begins the move to the new Center on 2117/92. When the
budget was being prepared for fiscal year 92, the anticipated completion
date for the project was not definite. Therefore, the Norman Park Center
budget was approved for twelve months of this budget year, for the 5,000
square foot building leased during construction of the new Center. The
resolution will approve funding necessaey to operate for March through
June in fiscal year 92 in the new building. Staff recommends approval of
the resolution. (Director of Parks and Recreation) 4/5th's vote required.
TInS rrnM HAS BEEN Puu.ED FROM THE AGENDA
17. REPORT CONSTRUCTION OF DRAINAGE IMPROVEMENTS NORTH OF EAST
NAPLES STREET FROM HILLTOP DRIVE TO 767 FEET EAST . On 5/28/91,
Council directed staff to set up a meeting with property owners directly
impacted by this project. The meeting was held on 8/8/91 and at that
meeting the Mayor and several residents requested a detailed construction
alternatives study and cost estimate. The report summarizes the
alternatives considered and staff recommendations. Staff recommends that
Alternative No. 3 be adopted which consists of replacing the existing
unimproved channel with a concrete lined invert and grass lined side
slopes. (Director of Public Works)
18. REPORT APPEAL OF STAFF DENIAL OF THE DEFERRAL OF INSTALLATION OF
PUBUC IMPROVEMENTS AT 619 MOSS STREET . Last September, Frank
Jimenez applied for a deferral of the requirement to install the public
improvements along the frontage of the property at 619 Moss Street. The
ensuing investigation by staff revealed there was no basis for the granting
..... of that deferral request, and it was denied. In accordance with Section
12.24.070, the applicant is provided the opportunity to appeal the decision
to the Council. Staff recommends Council accept the report and deny the
request to defer the requirement to install public improvements. (Director
of Public Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the ~ the City Council will consido items whida have been forwarded to them for considoation by one
of the City's Boards, Commissions and/or Commit:tu.s.
19. Letter requesting Council add the Child Care Commission to the list of those involved in the
evaluation process for the CDBG applications - NancY Cavanagh, Chair, Child Care Commission
, ,-.--
Agenda -6- March 3, 1992
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the ~ the City Council will discuss items whú:h have been removed from the Consent Calendar. Agenda
items pulkd at the request of the pub1ú: will be COIISÜlerril prior to those pulled by Cmuu:i1members. Public
comments are limited to five minutes per individual.
OTIiER BUSINESS
20. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
21. MAYOR'S REPORTCS)
22. COUNCIL COMMENTS
Councilman Rindone:
a. Council referral to Charter Review Committee regarding Mayor's salaey and fringe benefits.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Arciniaga v. CirY of Chula Vista
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March
10, 1992 at 6:00 p.m. in the City Council Chambers.
A special joint meeting of the City CounciVRedevelopment Agency will be held immediately following the
City Council meeting.
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" -
t~ COUNCIL AGENDA STATBMBNT
\. ITEM ~ 0...
MEETING DATE 3/03/92
ITBII TI'lLB: Proclamation - Proclaiming the Month of March 1992 as
"MENTAL RETARDATION MONTH"
SUBMITTED BY: Mayor Tim Nad~ (4/5TBS VOTE: YES_ NO""::'
The proclamation declaring March 1992 as "MENTAL RETARDATION MONTH"
will be presented by Mayor Nader to Mr. Anthony De Salis, Area
Director of the Starlight Cente.
40..... ,
}
,
,
,
WHEREAS, mental retardation Is a condition which affects more than six-million .
American citizens and their families; and
WHEREAS, once isolated and ignored, people with mental rotardation now enjoy
greater educational and social opportunities; and
WHEREAS, es old stereotypes reflecting fear and ignorance crumble. away _.
adults with mental retardation now hold responsible jobs and Ove in our communities; and
WHEREAS, every five minutes a baby is born with mental retardation and through
understanding and community support, these children now go to schools and interact
with their non-disabled friends; and
WHEREAS, during the month of March, state and local chapters of the Association
for Retarded Citizens highlight existing programs for people with mental retardation; and
WHEREAS, the Association for Retarded Citizens has served San Diego county;s
citizens with mental retardation for over 37 years, helping our communities to realize that
men, women and children with mental retardation are valuable people to know as . ,
neighbors and friends:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of March 1992 as ·MENTAL RETARDATION MONTH" in
'the City ofChula Vista, California and urge our citizens to understand that with their
support, people with merr.al retardation will become more independent within the
community:
.
,
,
:f)ateá t£~8t'!dry!ý- February. /9.2L·
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COUNCIL AGENDA STATEMENT
Item tt-b
Meeting Date 3/3/92
ITEM 1TfLE: Proclamation: Commending the Bonita Optimist Club for their "Family Park
Project" at Rohr-Sweetwater Park
SUBMTITED BY: Director of Parks and Recreatio~
The Bonita Optimist Club has proposed to the Parks and Recreation Department, a "Family Park
Project" at Rohr-Sweetwater Park in the Fort Apache Hill area. The Club will undertake a two-year
fund-raising project to purchase various types of playground apparatus which will be located in the
Fort Apache Hill area at the direction of the Parks and Recreation Department.
The Bonita Optimist Club will solicit the local area businesses and private citizens to raise the
necessary funding. Each business or individual who supports a particular piece of equipment will
receive recognition via a plaque at the equipment site.
The goal of the fund raising campaign is $20,000 which will purchase the following play apparatus.
A. (1) Elephant slide
B. (1) Bear twin rider
C (1) Lifetime whirl
D. (2) Rodeo rocky with spring
E. (1) Seal with spring
F. (1) Frog with spring
G. (1) Space ship Columbia
H. (1) Jt. interception with spring
I. (1) Grand prix rider
J. (1) 14' cyclone slide
K (4) 38" square picnic tables
L. (1) Tot table
M. (4) Park benches
N. (1) Custom play structure
The Department endorses and supports the "Family Park Project." This partnership will be part of
a continuing effort to form partnerships with the businesses and service organizations in the
Community to improve the quality of life in Chula Vista.
Me. Jerry Fulk of the Bonita Optimist Club will be present to accept the proclamation.
fampark
4b ./
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COMMENDING THE BONITA OPTIMIST CLUB
FOR THE DEVELOPMENT OF A FAMILY PARK
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the Bonita Optimist Club has undertaken the goal and responsibility
of developing a family park project; and
WHEREAS, this family park project will be located in the Rohr Park area presently
known as Fort Apache Hill; and
WHEREAS, this park will directly benefit the families and children residing in the
Bonita/Chula Vista area and strengthen family relationships; and
WHEREAS, this project will encompass the joining of both private business and
community residents funding for the mutual benefit and improvement of the area's quality
of life:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby COMMEND THE BONITA OPTIMIST CLUB for their development of a family
park and with the strong endorsement of the Chula Vista Parks and Recreation
Department, hereby authorize and encourage community involvement and support for the
establishment of the BONITA OPTIMIST CLUB FAMILY PARK.
4b-2
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February 28, 1992
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manag~
SUBJECT: City Council Meeting of arch 3, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 3, 1992. Conunents regarding the Written Communications
. are as follows:
Sa. This is a letter from Robert L. McCauley, Chairman of the Building
Committee, requesting renewal of the lease for the American Legion. IT IS
RECOMMENDED THAT STAFF BE DIRECTED TO CONTINUE NEGOTIATING WITH THE
AMERICAN LEGION UNTIL AN AGREEMENT IS REACHED ON THE KEY BUSINESS TERMS
AND CONDITIONS OF CONSTRUCTING A NEW FACILITY AT EUCALYPTUS PARK.
5b. IT IS RECOMMENDED THAT ADRIENNE LANDERS I RESIGNATION FROM THE DESIGN
REVIEW COMMITTEE BE ACCEPTED WITH REGRET AND THAT A LETTER OF APPRECIATION
BE SENT TO MS. LANDERS.
5c. This is a request from Fernando Durazo requesting waiver of fees in excess
of $1,000 for a used car facility at 1506 Broadway. IT IS RECOMMENDED
THAT THIS REQUEST BE REFERRED TO STAFF AND THE PLANNING COMMISSION FOR
REVIEW, EVALUATION, AND A REPORT BACK TO COUNCIL.
5d. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY MR. CIPRIANO
TORRES AND MR. ELISEO M. VILLA BE DENIED.
...
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5q
The American Legion
Chula Vista Post 434 ....' "."
47 Fifth Avenue ··~···-'''''''·'r. t,,\ C.:-' 1\
,., ¡:-J ¡:
Chula Vista, CA 92010 \r ìiJ I_~:
422-9309 ¡;;'''';;:;.;......'''"~,.- ,~."" .--"
February 25, 1992 Æ8 2.4"
Honorable Tim Nader ,
Mayor and City Counsel
Chula Vista, CA 91910
Dear Mayor;
We at the Arner i can Legion would like the City to revisit where we
are regarding our Veterans Memorial Hall located at 5th and C
Street.
Prior City administrations, armed with copious amounts of Community
Block Grant money, envisioned relocation of our Post Home to make I
way for progress (additional parking) . The initial plan by the I
them Parks and Rec Director was to deny our lease renewal for a
variety of reasons. He thought that that was the way to remove the I
American Legion from HIS park, and allow for his expansion plans. I
Since then, the Legion has been in a defensive pos ture trying to I
work with the City for our survival.
Much water has passed under the bridge since the last current lease
renewal was objected to.
At this time it looks like the agreed upon relocation of the Post
Home to the swamp land below the existing site is becoming more and
more unattainable. Reasons include cost to both of us, publlC
hearing requirements (that may or may not be popular) , CEQA's,
f inancin,~ agreements. use agreements (by who when) , design
agreements and criteria, determination of the plot size, drainage
requirements, access to the facility (ingress) issues, parking
requirements, buildable pad issues and perk testing, liability and
indemnification, to mention a few.
In view of the above, the Legion feels it is in our mutual
interests to just quietly renew the old lease. The Legion in turn
will indemnify the City of any liability, and use our Building Fund
monies to improve the aesthetics of the Post Home.
For God and County
C- t ~: 'B. ð. ~ flTI. Robert L. McCauley
C,ly ~ 4il2\ Chairman Bldg. Committee
~~ ~~~) WRITTEN COMMUN~(';¿~'¡'~·~ ~'V.iII~S
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5b
RECEIVED
"92 ÆB25 A8 :39
CITY G~ ~H" > "T.A.
. Jr L UL.~ "J ~~'J .
CITY- C' L~,. '".LC' f'E
~ LL(\f',.-j \..I¡ ;" L< ,
February 24, 1992
The Honorable Mayor and city council:
This is to advise you of my resignation from the Design Review
committee, effective March 1, 1992. I will be moving to the city
of Oceanside and will no longer be able to participate on the
Committee. I appreciated and enjoyed the opportunity to serve the
city of Chula vista.
I would like to take this time to commend the staff of the Planning
Department. They are responsible for the superior quality of
design that is evident throughout the city. I am sure their
efforts are appreciated by residents of the community.
Sincerely,
~~
Adrienne Landers
WRITTEN COMMUNICA TJONS
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February 21, 1992
The Honorable Mayor and City Council
City of Chula Vista
276 Fourth Ayenue
Chula Vista, ,CA 91910
Subject: Waiver of Remaining Fees
Conditional Use Permit PCC-92-12
Used'Car Facility, 1506 Broadway
Chula Vista, CA 91911
Dear Mayor and City Council:
On December 4, 1991, the planning department denied my request
for subject permit and I did not appeal to the city council.
On September 9, 1991, I mailed a check in the amount of
$1,000.00 to the City of Chula Vista, per the planning
department's request. Copy of canceled check is enclosed.
On December 5, 1991, I received a letter from Steve Griffin,
Senior Planner, informing me that I still owed $1,874.02 on
the original application. Then, on January 9, 1992, I was
informed that the amount had increased to $2,232.62, which
is over and above the original $1,000.00.
It is beyond my comprehension that the planning department
can charge whatever they want, without any breakdown of
fees incurred. The planning department's fee schedule dated
June - 1990, does not even come close to what they are request-
ing; therefore, I request that you waive ~4e fees in excess
of $1,000.00.
Your investigation into this greatly apprec-
iated.
-
V~trUlY yours,
( ,
i ..... \ ,'j'
~~~ ~'o'~azo
272 A Rancho Court
Chula Vista, CA 91911
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COUNCIL AGENDA STATEMENT 'SÁ.
Item
Meeting Date 3/3/92
ITEM TITLE: Claims Against the City
tJ (4/5ths Vote: Yes___ No~)
SUBMITTED BY: Director of personnelL:
,'7 "
REVIEWED BY: ci ty Manager~
Claimant No. 1: Mr. Cipriano Torres
c/o Law Office of Cesar E. Trevino
860 Union street
San Diego, CA 92101
On January 31, 1992, Mr. Cipriano Torres filed a claim against the
City of Chula vista for personal injuries he and his wife allegedly
received on October 31, 1991, when their vehicle was rearended by a Public
Works vehicle. The claim seeks damages within the jurisdiction of the
Municipal Court.
Although we are continuing our investigation, it is desirable to
start the statute of limitations and it is our adjustor's recommendation,
concurred in by Risk Management, that this claim be denied.
Claimant No. 2: Mr. Eliseo M. Villa
Paul W. Legler, Esq.
Attorney at Law
231 Fourth Avenue
Chula vista, CA 91910
On February 7, 1992, Mr. Eliseo M. Villa filed a claim against the
City for an amount within the jurisdiction of the Municipal Court. Mr.
Villa seeks damages for personal injuries he received when bitten by a
Police canine during the dog's search of an area for burglary suspects.
Mr. Villa was in the area where the burglary suspects had fled and was
arrested for being under the influence of an inhalant.
Due to remote liability on the part of the City, it is the recommen-
dation of our claims adjustors, Carl Warren & Company, and Risk Management,
that the above claim be denied.
RECOMMENDATION: Deny the above two claims.
j
Form A-113 (Rev. 11/79) r¿;e1. ~ I
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ORDINANCE NO. ~l. I)J«¡
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VQ
CHULA VISTA AMENDING CHAPTER 9.20 OF THE "'lvÔ
MUNICIPAL CODE TO ADOPT THE MODEL GRAFFITI 4
ORDINANCE SPONSORED BY THE SAN DIEGO DIVISION '(:b,ö
OF THE LEAGUE OF CALIFORNIA CITIES" 7ì-Q
~
WHEREAS, graffiti has become a nuisance of catestrophic
proportions in all areas of the County of San Diego, including
the City of Chula Vista, thereby requiring a uniform, county-wide
solution; and,
WHEREAS, based on an model graffiti ordinance initially
sponsored by the City of Chula Vista, the San Diego Division of
the League of California cities has ratified a proposed model
graffiti ordinance, and encouraged each of the respective cities
in the County of San Diego to adopt said model; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Chapter 9.20 of the Municipal Code is hereby
amended, in its entirety, to read as follows"
" Chapter 9.20
PROPERTY DEFACEMENT
9.20.010. Purpose and intent.
9.20.020 Definitions.
9.20.030 Prohibition of defacement.
9.20.040. Punishment Provisions.
9.20.045. Detection Provisions.
9.20.050 Accessibility to Graffiti Implements.
9.20.055 Removal Provisions
9.20.060 Prevention Provisions
9.20.065 Parental Involvement Provisions
9.20.070 severability
9.20.010. Purpose and intent.
It is the purpose and intent of the City Council of the City,
through the adoption of this chapter, to provide additional enforcement
tools to protect public and private property from acts of vandalism and
defacement; especially, but not limited to, graffiti on privately and
publicly owned walls, which are inimical and destructive of the rights
and values of private property owners as well as the total community.
It is further the intent of the City Council, through the adoption of
this notice upon all of those who callously disregard the property
rights of others, that the law enforcement agencies of the city, both
the police department and the prosecutor's office, will strictly enforce
the law and severely prosecute those persons engaging in the defacement
graf41. wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 1
& J"',Æ E O~b ,/III11>1t.6
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of public and private properties.
9.20.020 Definitions.
.
A. Graffiti
As used in this section, "graffiti" includes any
word, figure, or design that is marked, etched, scratch , drawn,
painted, pasted or otherwise affixed to or, on any su ace, regardless
of the nature of the material of that structural com nent, to the
extent that same was not authori~ed in advance by t e owner thereof, or,
despite advance authori~ation, is otherwise deems by the Council to be
a public nuisance.
B. Aerosol Paint Container
MAerosol paint container- mean. any osol container, regardle.s
of the material from which it made, which adapted or made for the
purpose of spraying paint or other subst capable of defacing
property.
C. Felt Tip Marker
"Felt tip marker" means any in elible marker or similar implement
with a tip which, at its broadest w dth is greater than one-eighth
(1/8th) inch, containing an ink th is not water-soluble.
D. Graffiti stick
"Graffiti Stick" means a evice containing an solid form of paint,
chalk, wax, epoxy, or other s' ilar substance capable of being applied
to a surface by pressure, an upon application, leaving a mark at least
one-eighth of an inch in wid h, visible from a distance of 20 feet, and
not water-soluble. 1
E..
"Graffiti Implemen " means an Aerosol Paint Container, a Felt Tip
Marker, or a Graffiti Sick.
1. La Mesa to add glass cutters.
graf41.wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 2
;l<;-~
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COUNCIL AGENDA STATEMENT
Item~"
~,\\p~ Meeting Date 1ri.",/~ ~1 ~l~
sJ>
ITEM TITLE: a. o~e:èe"4qlø Amending Chapter 9.20 of the Municipal Code to Adopt
tM!:M el Graffiti Ordinance Sponsored by the San Diego Division of the
_<: ',~gue of California Cities'
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çS:,9' b R 1 t' I~ S-¡IÞAd . th S D' D" . f th Lea f
c'¡'" , "eso U Ion opting e an lego IVlSlon 0 e gue 0
::> California Cities' Anti-Graffiti Program.
SUBMfITED BY: Councilman Moor~ (4/5ths Vote: Yes_No..1L)
The San Diego Division of the League of California Cities appointed a task force to deal with the
problems of graffiti throughout San Diego County. From Chula Vista, Councilman Moore, the City
Manager, City Attorney and Deputy Director of PW/OPS were involved in the Task Force The City
of Chula Vista's City Attorney developed a model graffiti ordinance which was reviewed by the task
force and the San Diego County City Attorney's Association. At the same time, the League Task
Force developed an anti-graffiti program. The San Diego Division has requested that all cities adopt
both the model ordinance and the anti-graffiti program.
RECOMMENDATION: Adopt the Ordinance which will delete the City's current Property
Defacement chapter of the Municipal code and replace it with the Model Ordinance. Adopt the
resolution which will adopt the anti-graffiti program.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: Graffiti has become a growing problem throughout much of San Diego County.
During the Spring of 1991, then Mayor Pro-Tempore Moore along with the City Manager and City
Attorney met with the Presiding Judge of the Juvenile Court to request his assistance in more severe
sentencing of juvenile offenders involved in graffiti crimes. The Presiding Judge was very supportive
of their request, but indicated that it would be beneficial to get all the cities in San Diego County to
deal with graffiti in a similar manner. A Chula Vista subcommittee on graffiti problems had been
formed in May 1991 and had reached the same conclusion. As a result, the San Diego Division of the
League of California Cities formed a Graffiti Task Force to develop both a comprehensive Model
Ordinance and Anti-Graffiti Program. Since Chula Vista's City Attorney wrote the Model Ordinance,
it is very similar to Chula Vista's existing Graffiti Ordinance. There are, however, several
improvements that have been incorporated in the Model Ordinance and will be discussed below. This
listing represents all of the differences between the current and proposed Graffiti Ordinance. All of
the following section numbers refer to the proposed amended ordinance.
. SECTION 9"20.020.D This section defines a "graffiti stick" and adds graffiti sticks to
the list of "graffiti implements". The first graffiti sticks were those used in construction
trades to mark pipe, streets, sidewalks, etc. Now, however, new products with names
such as "devil stick" are being sold which could be construed as just for graffiti.
~ ~(
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Page 2, Item~S~
Meeting Date 2/25/92
· SECTION 9.20.030.C This section makes it unlawful for not only minors, but also
adults to have graffiti implements in many public places.
· SECTION 9.20.040.A This section permits the City to require that minors that commit
certain offenses in the City, perform Community Service in the City. It is expected that
much of that service would involve graffiti eradication.
· SECTION 9.20.04S.A This section memorializes the reward already authorized by City
Council with the acceptance of Supplemental Budget Report #25 for FY92.
· SECTION 9.20.040.B This section authorizes the payment of ceIlular telephone direct
charges for individuals reporting either graffiti in progress or existing graffiti within the
City limits. Staff is exploring free service similar to the Traffic reports currently provided
by Pac Tel CeIlular.
· SECTION 9.20.0S0.A This section differs from the current section in that it omits
aerosol paint containers, but adds other Graffiti Implements. This was done since State
law already prohibits the furnishing of aerosol paint containers to minors, but is silent on
other Graffiti Implements.
· SECTION 9.20.0S0.B This section is not changed from the current section. However, a
similar provision applying to aerosol paint containers ordained by the City of Los Angeles
has been found invalid on the presumption of State Preemption by a lower court. The City
Attorney recommends that enforcement be suspended until final appeals are heard in that
case. This wiII not prevent staff from requesting and encouraging merchants to foIlow the
Ordinance as it relates to aerosol paint containers. It may be that in some cases a visit by
an interested Council person would help encourage the merchant.
· SECTION 9.20.0S0.D The Model Ordinance limits this provision to minors. Staff,
however, recommends the adoption as proposed so that the damage caused by any person
would fit under this section.
· SECTION 9.20.0SS.B.2 This section is in response to requests Council made
during various reviews of our current Graffiti Ordinance.
· SECTION 9.20.0SS.C.! This section would permit the use of public funds to
remove graffiti in very specific cases. The main purpose is not to use public funds, but to
gain entry to private property. It may be, however, that in certain cases (such as financial
difficulty) City Funds would be used to prevent further disfigurement to the neighborhood.
· SECTION 9.20.0SS.D.! Electrical utility boxes are excluded since special anti-
conductive paint must be used on them. AIl of the utility companies, including SDG&E,
have been very cooperative in giving City Forces and volunteer groups graffiti removers.
· SECTION 9.20.0SS.D.2&.3 Both of these sections came about as a result of Council
discussions on preventing graffiti in future developments.
· SECTION 9.20.060.A Again, this requires property owners to take responsibility for the
design of their structures in ensuring that they do not encourage graffiti.
· SECTION 9.20.060,B Permits the City to require that the owner of property that is a
frequent target of graffiti take action to make it more difficult to apply graffiti in the
future. ,
~:::... - z
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Page 3, Item ¡S~
Meeting Date 2/25192
The proposed Anti-Graffiti Program (which is attached) submitted by the League Task Force contains
many of the elements already used by the City of Chula Vista. It was prepared to furnish other cities
with the experience gained by Chula Vista, La Mesa, and San Marcos in their anti-graffiti efforts.
Additionally, it attempts to provide for uniform treatment by juvenile offenders and provide the
Juvenile Court with consistent diversion programs. Staff recommends that it be adopted by
resolution to show Chula Vista's support for the program. None of Chula Vista's current practices
will change as a result of the adoption of the program.
F1SCAL IMPACT: None from this agenda statement. The Council has already appropriated a total
of $200,000 for FY92 for graffiti control.
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9.20.030 Anti-Vandalism Provisions.
A. Unlawful to Apply Graffiti.
It shall be unlawful for any person to apply graffiti on any
public or privately owned structures located on public or privately
owned real property within the City.
B. Possession by Minors.
It shall be unlawful for any person under the age of eighteen
years to have in his or her possession any Graffiti Implement while upon
public property or upon private property without the conaent of the
owner of such private property whose consent is given in advance and
whose consent shall be given as to the person's presence while in the
possession of a Graffiti Implement.
(i) School Exception for Felt Tip Markers. The foregoing
provision shall not apply while (1) the person is attending, or
travelling to or from a school at which the person is enrolled, if
the person is participating in a class at said school which has,
as a written requirement of said class, the need to use felt tip
markers.
C. Possession in Designated Public Places.
No person shall have in his or her possession any Graffiti
Implement while doing any activity in any public park, playground,
swimming pool, recreational facility, or while loitering in or near an
underpass, bridge abutment, storm drain, and other similar types of
infrastructure not normally used by the public except as may be
authorized by the City.
9.20.040. Punishment Provisions.
A. Mandatory Juvenile Delinquent Community Service.
Any minor determined to be a ward of the court under Welfare and
Institutions Code section 602 as a result of committing an offense in
the City shall be required, at the City's option, to perform community
service, including graffiti removal service of not less than 6 hours nor
more than 80 hours.
B. Penalties for Violation.
Any and all violations of this chapter shall be punishable either
as an infraction or a misdemeanor, at the discretion of the City
Attorney.
9.20.045. Detection Provisions.
A. Reward Authority.
(a) Pursuant to Section 53069.5 of the Government Code, the
City does hereby offer a reward of $150.00 for information leading to
the arrest and conviction of any person for violation of Penal Code
Section 594 by the use of Graffiti, not to exceed $300.00 per incident
of graffiti. In the event of multiple contributors of information, the
reward amount shall be divided by the City in the manner it shall deem
appropriate. For the purposes of this section, diversion of the
offending violator to a community service program, or a plea bargain to
graf4l.wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 3
Z-,~-7
-1
----~----_...- _. ___ .~__.".___~.____..__ '..·'0.._..·_ .._ ____"M__..__·____···_···~__
a lesser offense, shall constitute a conviction.
(b) Claims for rewards under this Section shall be filed
with the City. Each claim shall.
(1) Specifically identify the date, location and kind
of property damaged or destroyed.
(2) Identify by name the person who was convicted, or
confessed to the damage or destruction of the City
property.
(3) Identify the court and the date upon which the
conviction occurred or the place and the date of the
confession.
(c) No claim for a reward shall be allowed by the City
Council unless an Authorized Representative of the City
investigates and verifies the accuracy of the claim and
recommends that it be allowed.
(d) The person committing the graffiti, and if an
unemancipated minor, then the custodial parent of said
minor, shall be liable for reward paid pursuant to this
section.
B. Reimbursement of Car Phone Air Time.
The City shall reimburse to any person reporting by means of a
mobile or cellular phone an act of graffiti vandalism or existence of
graffiti within the City limits in the amount of the direct phone
charges, exclusive of taxes, etc. , incurred by said pereon.
9.20.050 Accessibility to Graffiti Implements.
A. Furnishing to Minors Prohibited.
It shall be unlawful for any person, other than a parent or legal
guardian, to sell, exchange, give, loan, or otherwise furnieh, or cause
or permit to be exchanged, given, loaned, or otherwise furnished, any
Felt Tip Marker or Graffiti Stick to any person under the age of
eighteen years without the consent of the parent or other lawfully
designated custodian of the person, which custodial consent shall be
given in advance in writing.
B. Wrongful Display for Sale.
No person, firm or entity engaged in a commercial enterpriee
("Seller") shall display for sale, trade or exchange, any Graffiti
Implement except in an area from which the public shall be eecurely
precluded without employee assistance. Two euch acceptable methode for
displaying a Graffiti Implement for eale shall be by containment in (1)
a completely enclosed cabinet or other etorage device which ehall be
permanently affixed to a building or building etructure, and which
shall, at all times except during access by authorized repreeentatives,
remain securely locked; or (2) in an enclosed area behind a ealee or
2. La Mesa wants to add "Glass Cutter."
graf4!. wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 4
~
service counter from which the public i. precluded from entry.]
C. Wrongful Storage.
No person shall store any Graffiti Implement except in either (1)
a completely enclosed room which shall, at all times except during
access or substantial occupancy by the owner or an authorized adult
representative of the owner, remain aecurely locked; or (2) in a
completely enclosed cabinet or other atorage device which ahall be
permanently affixed to a building or building atructure, and which
shall, at all times except during access by the owner or an authorized
adult representative of the owner, remain eecurely locked. por the
purposes of this section, an owner or authorized repreaentative of the
owner, shall be deemed to have aubatantial occupancy of a room even
during short periods of absence if the room ia part of a larger
structure which is occupied by the owner.
l. Enforcement Policy on Wrongful Storage Offenses.
It shall be the intention of the City to enforce this
provision against the Wrongful Storage of Graffiti
Implements only when its violation has caused or contributed
to an act of vandalism by a third party.
D. Civil Responsibility for Damages for Wrongful Display or
Storage.
Any person who displays or storea a Graffiti Implement in
violation of the provisions of this chapter shall be personally liable
for any and all costs incurred by any party in connection with the
removal of graffiti, of the repair of any property containing graffiti,
caused by a anv person who shall use such Graffiti Implement in
violation of the provisions of California Penal Code Section 594, and
for all attorney's fees and court costs incurred in connection with the
civil prosecution of any claim for damages. not to exceed 51.500.
9.20.055. Removal Provisions.
A. Right of City to Require Removal. (Self-Removal).
It is unlawful for any person who is the owner or who haa primary
responsibility for control of property or who has primary responaibility
for the repair or maintenance of property ("Responsible Party") to
permit property which is defaced with graffiti to remain so defaced for
a period of seven (7) days after notice of aame, unlesa (1) said peraon
shall demonstrate by a preponderance of evidence that they do not have
the financial or physical ability to remove the defacing graffiti; or
(2) unless it can be demonstrated that the Reaponsible Party has an
active program for the removal of graffiti and has scheduled the removal
of the graffiti as part of that program, in which case it ahall be
unlawful to permit such property defaced with graffiti to remain defaced
for a period of fifteen (15) days after notice of same.
3. However, be mindful of the proposed attached enforcement
policy presented in the Agenda Bill.
4. This is an change from the model ordinance, which used the
word: "minor".
graf41. wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 5
Z~'r 'f
--,----"--- -- ----,- --- ,------~_._._"...,,_._-_..,"--_.- -----~- --.-
B. Declaration of NuiBance.
l. Graffiti aB a NuiBance.
The exiBtence of graffiti within the City limits of the city
iB a public and private nuiBance, and may be abated according to the
provisions and procedures herein contained.
2. Graffiti Attracting Surface as a Nuisance.
The exiBtence of any surface of a structure on a parcel of
land which haB been defaced with graffiti after removal more than 5
timeB in 12 monthB ~B a public and private nuisance, and may be abated
by minor modificationB thereto, or to the immediate area surrounding
same, according to the provisions and procedures herein contained as
followB' Said Burface or surfaces shall be required to be retrofitted,
at the COBt of the property owner of said lot, not to exceed a total
COBt of $500, or at the COBt of the City at the City's option, with such
features or qualitieB as may be eBtablished by the City as neceBBary to
reduce the attractiveness of the surface for graffiti, or as necessary
to permit more convenient or efficient removal thereof.
C. Right of City to Remove.
l. Use of Public Funds.
I
Whenever the City becomes aware, or is notified and
determines that graffiti is so located on public or privately owned
property viewable from a public or quasi public place within the City,
the City shall be authorized to UBe public funds for the removal of
same, or for the painting or repairing of same, but shall not authorize
or undertake to provide for the painting or repair of any more extenBive
area than that where the graffiti is located, unless the City Manager,
or hiB designee, determineB in writing that a more extenBive area iB
required to be repainted or repaired in order to avoid an aeBthetic
diBfigurement to the neighborhood or community, or unless the
Responsible Party agrees to pay for the COstB of repainting or repairing
the more extensive area.
2. Right of Entry on Private Property Provisions.
(i) securing Owner Consent.
Prior to entering upon private property or property
owned by a public entity other than the City, for the purpose of removal
of graffiti, the fity shall attempt to secure the consent of ,the
Responsible Party , and a release of the City from liability for
private or public property or liability damage.
(H) Failure to Obtain Owner COnsent.
If a ReBponsible Party fails to remove the offending
Graffiti within the time herein specified, or if the City shall have
requested consent to remove or paint over the offending Graffiti and the
Responsible Party Bhall have refuBed consent for entry on terms
5. This represents a change from the model ordinance first
proposed by La Mesa, from "property owner" to "Responsible
Party" .
graf4Lwp Proposed Graffiti Chapter 9.20
. February 20, 1992 Page 6
'l'i '" -/C
l4~I )
.
acceptable to the City consistent with the terms of this Section, the
City shall commence Abatement and COst Recovery Proceedings for the
removal of the graffiti according to the following procedure.
(iii) Abatement and COst Recovery Proceedings.
1) Notice and conduct of Due Process Bearing.
The City Manager, or his or her designee, ("Bearing
Officer") shall give not less than 48 hours notice,
served in the same manner as summons in a civil action
in accordance with Article 3 (commencing with Section
415.10) of Chapter 4 of Title 5 of Part 2 of the Code
of Civil Procedure (If the owner of record, after
diligent search cannot be found, the notice may be
served by posting a copy thereof in a conspicuous
place upon the property for a period of 10 days and
publication thereof in a newspaper of general
circulation published in the county in which the
property is located pursuant to Section 6062.) to the
Responsible Party or partys who are responsible for
the maintenance of a parcel of property containing
graffiti ("Property"), and, if a different person is
the owner of record of the parcel of land or which the
nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is
more current, then to said owner ("OWner") also, of a
"due process" hearing at which said Responsible Party
and OWner shall be entitled to present evidence and
argue that his or her Property does not contain '
graffiti. The determination of the Bearing Officer
after the "due process" hearing shall be final and not
appealable. If, after the due process hearing,
regardless of the attendance of the Responsible Party,
OWner, or their respective agents, the Bearing Officer
determines that the Property contains graffiti
viewable from a public or quasi-public place, the
Hearing Officer shall give written notice
("Eradication Order") that, unless the graffiti is
removed within 5 days thereafter, the City shall enter
upon the Property, cause the removal, painting over
(in such color as shall meet with the approval of the
Hearing Officer) or such other eradication thereof
("Eradication Effort") as the Hearing Officer
determines appropriate, and shall provide the
Responsibility Party and OWner thereafter with an
accounting of the costs of such Eradication Effort on
a "full cost recovery basis."
2) Eradication Effort. Not sooner than the
time specified in the Order of the Hearing Officer,
the City Manager, or his designee, shall implement the
Eradication Order, and shall provide an accounting to
the Responsible Party, and as appropriate, the OWner,
of the costs thereof ("Eradication Accounting").
3) Cost Hearing. If the Responsible Party or
OWner fails to request a hearing before the Bearing
Officer on the Eradication Accounting ("Cost
Hearing"), or if requested, and a COst Hearing is
conducted after extending due process to the
qraf41.wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 7
2~ 'J-
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Responsible Party and, .. .ppropriate, the OWner,
after such a Cost Hearing, the Hearing Officer
determines that all or . portion of the Co.t. are
appropriately chargeable to the Er.dication Effort,
the total amount .et forth in the Er.dication
Accounting, or .uch amount th.r.of d.t.rmined ..
appropriate by the Hearing Offic.r, ( ·A.....ed
Eradication Charges·) .hall be due .nd payable by the
Responsible Party within 30 day.. Any amount of
Assessed Eradication Charg.. .......d by the H.aring
Officer which are le.. than the total amount ..t forth
in the ErAdication Accounting .hall b. .xplained by
written l.tter from the H.aring Offic.r to the City
Councilmember..
4) Lien. A. to .uch Property wh.re the
Responsible Party i. the OWn.r, if .11 or eny portion
of the Assessed Eradication Charges remain unpaid
after 30 days, pur.uant to the .uthority created by
law, including Government Code. Section 38773, et
seq. , such portion th.reof a. .hall remain unpaid
shall constitute and i. hereby declared to con.titute
a lien on the Property which was the .ubject matter of
the Eradication Effort. The Director of Public Work.
shall pre.ent a Re.olution of Lien to the City
Council, and upon pas.age and adoption thereof, .hall
cause a certified copy thereof to be recorded with the
San Diego County Recorder'. Office.
D. Ease of Removal Provi.ion..
l. Common Utility Color. and Paint-type.
Any gas, telephone, water, sewer, cable, telephone and other
utility operating in the City, other than an elecfric
utilitv6, shall paint their above-surface metal f xture.
with a uniform paint type and color which meet. with the
approval of the City Manager.
2. Condition Encroachment Permits.
All encroachment permits issued by the City .hall, among
such other things, be conditioned on (1) the permittee
shall apply an anti-graffiti material to the encroaching
object of a type and nature that is acceptable to the City
Manager, or his or her designee, (2) the immediate removal
by the permittee of any graffiti, (3) the right of the City
to remove graffiti or to paint the encroaching object, (4)
providing City with .ufficient matching paint and/or anti-
graffiti material on demand for use in the painting of
encroaching object containing graffiti.
6. Minor wording change from model ordinance.
7. La Mesa is proposing: "Except to the extent exempted by the
city Manager." Staff has considered and reject such an amendment
for our purposes.
graf41. wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 8
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3. Condition Tentative Maps.
In approving tentative or parcel maps, conditional use
permits, variances, or other .imilar land u.e entitlement.,
the City shall consider imposing any or all of the following
conditions, or other .imilar or related condition., at the
public hearing required by l.w for .pproval of the tent.tive
map, conditional use permit, variance or other .imil.r l.nd
use entitlement, is .pproved.
(i) Use of Anti-Graffiti Kateri.l. Developer .hall
apply an anti-graffiti material of . type and nature th.t is
acceptable to the City Manager, or hi. or her designee, to
such of the publicly-viewable .urf.ce. on the improvements
to be constructed on the .ite deemed by the City Manger, or
designee, to be likely to .ttr.ct graffiti ("Graffiti
Attracting Surfaces"),
(H) Right of Access to Remov. Gr.ffiti. Dev.loper
shall grant, prior to resale of any of the parc.l. which are
within the territory of .aid map, the right of entry over
and access to such parcels, upon 48 hours posting of notice,
by authorized City employ.es or ag.nt., to the City for the
purpose of removing or "painting ov.r" graffiti from
Graffiti Attracting Surfac.s previously designat.d by the
Director, and the right to remove .uch graffiti, and,
(Hi) Supply City with Graffiti-Removal Material.
Developer shall, for a period of 2 y.ar. .ft.r the resale of
their final lot, provide the City with .uffici.nt matching
paint and/or anti-graffiti material on demand for use in the
painting over or removal of designat.d Gr.ffiti Attr.cting
Surfaces.
(iv) Owner to Immedi.t.ly Remove Gr.ffiti. Developer
shall, either as part of the COnditions, COv.nants and
Restrictions, or as separate covenants recorded against
individual lots, prior to resale of same, covenant, which
covenant shall run with the land and be for the benefit of
the City, in a form satisfactory to the City, that the owner
of the lots shall immediately remove of any graffiti placed
thereon.
9.20.060. Prevention Provisions.
A. Design of New Graffiti-attracting Surf.ces.
Any applicant for design revi.w approval, conditional us. permit,
special use permit, unclassified use permit, d.velopm.nt .greem.nt, or
other form of development or building permit .hall, to the extent deemed
feasible by the City Manager, or his or her designe., have d.signed any
building structures visible from any public or quasi-public pl.ce in
such a manner to consider prevention of graffiti, including, but not
limited to the following: (a) use of a protective coating to provide
for the effective and expeditious removal of graffiti, (b) u.e of
additional lighting, (c) use of non-solid fencing, (d) u.. of
landscaping designed to cover large expansive wall. such .. ivy or
. similar clinging vegetation, and (e) use of architectural design to
break up long continuous walls or solid ar....
B. Retro-fit Existing Graffiti-.ttracting Surface., Non-
graf4l. wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 9
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_H' '"----_.._._-"-~,---- ._---,----_.,._._-----~---_._-_._--- ---..--...-.--
Residential Structures. This may be incorporated in the Eradication
Order during an abatement hearing.
(1) At owner's Expense. Any surface of a structure on a
parcel of land placed in any land use other than residential
which has been defaced with graffiti more than 5 times in 12
months, or the immediate area surrounding said surface,
shall be required to be retrofitted, at the cost of the
property owner of said lot, with such features or qualities
as may be established by the City as necessary to reduce the
attractiveness of the eurface for graffiti, or as necessary
to permit more convenient or efficient removal thereof. In
exercising the authority hereunder, the City may not impose
a cost on the property owner greater than three times the
cost of one year's expense to the property owner of graffiti
removal.
, (2) At City's Cost. The owner of property on which is
located a surface of a structure other than residential
which has been defaced with graffiti more than 5 times in 12
months, or the immediate area surrounding said surface,
shall permit the City to enter upon and make such
modifications thereto, at City's cost, which modifications
shall include such features or qualities as may be
established by the City as necessary to reduce the
attractiveness of the surface for graffiti, or as necessary
to permit more convenient or efficient removal thereof.
9.20.065 Parental Involvement Provisions.
A. Parental Civil Liability.
, Any parent or other legal guardian who consents to, permits, or
otherwise knowingly allows her or his child under the age of eighteen to
possess a Graffiti Implement shall be personally liable for any and all
costs to any person incurred in connection with the removal of Graffiti
caused by said child, or by said Graffiti Implement, and for all
attorney's fees and court costs incurred in connection with the civil
prosecution of any claim for damages.
9.20.070 Severability
If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
. Ordinance. The City Council declares that it would have adopted each
section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that anyone or more sections, subsections,
clauses, phrases or portions be declared invalid or unconstitutional."
.
graf41.wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 10
~S~ -111
Ið~ I~
Section 2. This ordinance shall be in full force and take effect
thirty (30) days from the passage and adoption here f.
I
Presented by' rJ:d:t( = by,
Leoni'lrd Moore Bruce M. Boogaard
Councilman City Attorney
graf41.wp Proposed Graffiti Chapter 9.20
February 20, 1992 Page 11
1;.~ ../£
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TInS PAqE BlANK
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Marked to Show the Jayken Interlineation
and New Findings Language
ORDINANCE NO. 2495 S£CO¡VD
It~
AN ORDINANCE OF THE CITY OF CHULA VIST~D~V'
CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO G "'1"'D
C-C-P FOR THE SOUTHERN 3 ACRES OF THE PALOMAR ~h
TROLLEY CENTER PROJECT, AND MAKING FINDINGS TO vOÞ~Q
PERMIT APPLICATION OF THE IIplI MODIFIER; AND I'll
CHANGING THE ZONE CLASSIFICATION FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARTMENT
RESIDENTIAL (R-3) TO APARTMENT RESIDENTIAL
WITH A P-MODIFIER, NOT MORE THAN 22 UNITS PER
ACRE (IR-3-P-22").
Palomar Trollev center proiect Matters
Entire proiect Area
WHEREAS, the property which is the subject matter of a
commercial shopping center development referred to herein is a
rectangular area of land approximately eighteen and 2/10ths (18.2)
acres bounded on the north by Palomar Street on the east by
Broadway, on the west by the San Diego Trolley Palomar Street
station and on the south by San Diego Gas and Electric right-of-
way, and is diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A ("Entire
Project Area") and if attached, as the area outlined with such
designation; and,
Amendment Area
WHEREAS, the property which is the subject matter of an
application herein referenced for general plan amendment,
Montgomery Specific Plan Amendment, and change of zones is a
portion of the Entire Project Area consisting of approximately
three (3) acres in the southeast portion of the Entire Project
Area, diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A (" Amendment
Area") and if attached, as the area shown in cross-hatch thereon;
and,
proiect
WHEREAS, Pacific Scenes, Inc. ("PSI"), the entity which has
development control over most of the Entire Project Area has
proposed a plan for the construction of 198,200 gross square feet
pal-zc2.wp Zone Ch~nge for Palomar and B-3-A
February 26, 1992 Page 1
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of commercial shopping center improvements on the Entire Project
Area pursuant to a plan that is more fully described in the FEIR,
section 3.0 ("Project Description"), page 3-1, which entire plan
for improvement shall herein be referred to as the "Project"; and,
Application for Entitlements
WHEREAS, in conjunction with a plan for the construction of a
198,200 gross square foot shopping center located on the Entire
Project Area, Pacific Scenes, Inc. (PSI) has filed an application
("Application") with the city for a General Plan Amendment,
Montgomery Specific Plan Amendment and change of zone from Light
Industrial with a P Modifier ("I-L-P") to Center Commercial with a
P Modifier ("C-C-P") for the Amendment Area to allow for the use of
the Entire project Area for a shopping center containing five major
anchor tenants and other retail facilities such as five building
pads, two of which will have drive-through capabilities for fast-
food restaurants, sidewalks and landscaping, all as more fully set
out in the proposed Palomar Trolley Center Semi-Exclusive
Negotiating Agreement ("SENA"), and that Application on file with
the Director of the Planning Department; and,
certifvina Resolution
WHEREAS, the city Council did, by the adoption of Resolution
No. 16522 ("Certifying Resolution"), certify that the Final
Environmental Impact Report, as defined therein, was prepared in
accordance with the requirement of the California Environmental
Quality Act, and the guidelines lawfully promulgated thereunder;
and,
WHEREAS, the recitals and resolutions of the city council
contained in said Certifying Resolution are incorporated herein as
if set forth in full hereat; and,
Findinas
WHEREAS, an application for a city-initiated zone change was
completed by the Planning Department of the City of Chula vista on
February 4, 1991, and
WHEREAS, the subject property is immediately surrounded by
commercially zoned property to the north and west, and by existing
commercial development to the east, and
WHEREAS, without the proposed zone change, a 3-acre island of
industrial land lacking street frontage would exist surrounded by
commercial development to the north, west and east, and
pal-zc2.wp Zone Change for Palomar and B-3-A
February 26, 1992 Page 2
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Palomar Trollev Center Pro;ect Public Hearinq
WHEREAS, a public hearing was held before the City Council on
PSI I s Application for a General Plan Amendment, Montgomery Specific
Plan Amendment and Zone Change ("Public Hearing") on or about
February 25, 1992 regarding the Palomar Trolley center ;
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., February 25, 1992, in the Council
Chambers, 276 Fourth Avenue, before the city Council and said
hearing was thereafter closed; and
WHEREAS, the City Council certified that the Final
Environmental Impact Report (FEIR-91-02) has been prepared in
compliance with CEQA and the Environmental Review Procedures of the
City of Chula vista and that the information contained in the FEIR
has been reviewed and considered.
Zone Consistency studY Area 3-B-A
WHEREAS, the city council, by a pUblic hearing held on or
about February 4, 1992 ("Public Hearing 91-5) at which it
determined that, by a consolidated general plan amendment, that an
approximate 5 acre, 21 parcel area bounded by E street, D street,
Third Avenue and Landis Avenue, all as more particularly identified
in Exhibit B, incorporated herein by reference ("Zone consistency
study Area B-3-A"), should be replanned for General Plan purposes
from "Low-Medium Residential (3 to 6 dwelling units per acre)" to
"Medium-High Residential (11 to 18 dwelling units per acre)";
The city Council of the City of Chula vista does ordain
as follows:
SECTION I: Supplemental Findings for Application of "P"
Modifier--Palomar Trollev Center Pro;ect
As regards the Amendment Area with the Entire Project Area of
the Palomar Trolley Center Project, pursuant to Zoning Ordinance
section 19.56.041, the "P" modifying district is applied based on
the following:
1. The property or area to which the "P" modifying
district is applied is an area adjacent and
contiguous to a zone allowing different land uses,
and the development of a precise plan will allow
the area so designated to coexist between land
usages which might otherwise prove incompatible.
pal-zc2.wp Zone Change for Palomar and B-3-A
February 26, 1992 Page 3
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The SDG&E right-of-way to the south is zoned S94
and the surrounding commercial property to the
north, west and east is zoned with a "p" modifier.
The precise plan requirement for the subject J
acres will ensure that the parcels are subject to
the same design review as the surrounding property
and that the project is compatible with the S94
zone to the south.
2. The area to which the "p" modifying district is
applied consists of two or more properties under
separate ownership wherein coordination regarding
access, on-site circulation, site planning,
building design and identification is necessary to
enhance the public convenience, health, safety and
general welfare.
The subject property and the surrounding property
to the north, west and east included within the
IS.2-acre expanded Palomar Trolley Center project
are under 10 different ownerships. The "p"
modifier will require design review of future site
planes) to ensure conformance with the design
concept guideline booklet outlining the design
objectives for the IS-acre expanded project.
SECTION II. Guidelines--Palomar Trollev Center Proiect.
The Precise Plan Guidelines to be attached to the property
shall include the following provision:
a. The city of Chula vista shall consider enforcement
of appropriate legal mechanisms sponsored by the
Chula vista Elementary School District and the
Sweetwater Union High School District to mitigate
impacts on school facilities, if such is determined
to be necessary based on the results of a study the
City may conduct similar in nature and scope to the
study conducted in Fairfield, except this study
will address the impacts of commercial and
residential development on school facilities.
b. Developer ".Jill commit§. to desian. financina and
construction of a roadwav facilitv (includina
streets. curbs. autters. sidewalks and utilities)
connection between the current terminus of Jayken
Way and the Proiect develepmeRt if it is determiRed
citv determines based on Ðy traffic studies. to be
performed to citv's satisfaction. and paid for bv
Developer. and to be conducted term te Be limited
pal-zc2.wp Zone Change for Palomar and B-J-A
February 26, 1992 Page 4
'lc -l}
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~ two years after the OCCUDanCy in the Entire
Pro;ect Area Ceß~e£ first reaches 70% of Dlanned
aross floor area aftå a s~~ày ~ha~ is aa~iafae~ery
~e ~fte Reàe~elepmEßß A~eßey ftetift~ that 7ckiealar
'traffie BR palemar fram IHà1:lst.rial Be\ilevarEl t.e
B£aa&way mee~B GR~la ViB~a'B ~RreBRalà, that said
roadway facility ~ is necessary for circulation.
(i) BY "commit" as used herein. DeyeloDer shall.
in addition to desianina. financina and
constructina such a roadway facility. be reauired
to desian the imDroyements on the Entire Pro;ect
Area in such a manner that the roadway facility can
be constructed on the Entire Pro;ect Area without
reauirina the demolition of any sianificant
structures. or any structures with sianificant
value. Furthermore. DeveloDer shall absorb the
sole risk of loss for the demolition of any such
structures which are demolished in order to
construct the roadway facility.
(ii) If the city determines that such roadway
facility is necessary. it shall be desianed and
built to the sDecifications of the city which
Drovide. and are not inconsistent with t~he public
street portion ~aulà ending at the south property
line of the àe~elapmeßt Entire Pro;ect Area
consistina of aßà Be a minimum width of 36 feet of
pavement, to include two lanes and two bike lanes,
plus curb gutter and sidewalk on one side. The
method to secure the commi ttment shall be
determined prior to the City vacating any af tae
paper Btreet unused riaht of wav easement currentlY
encumberina said Entire Pro;ect Area. or any
Dortion thereof. aerSS5 'tke àevelapmeftt..
SECTION III. Zone Change--Palomar Trolley Center, Southern
Lots.
As regards the Amendment Area of the Entire Project Area of
the Palomar Trolley Center project, the City Council does hereby
conditionally amend the Zoning Map of the City of Chula vista as
maintained by the Director of Planning of the City of Chula vista
to provide that the zone for the Amendment Area indicated thereon
shall be Center Commercial with a P Modifier. The conditions of
this amendment are as follows:
pal-zc2.wp Zone Change for Palomar and B-J-A
February 26, 1992 Page 5
1e.-5
B. Certain Mitiqation Measures Feasible and Adopted.
As more fullY identified and set forth in Exhibit C attached
hereto. the Council herebY finds. pursuant to Public Resources Code
Section 21081 and CEOA Guidelines Section 15091. that the
mitiqation measures described in the EIR are feasible. and will
become bindinq upon the city.
~ Infeasibilitv of Alternatives.
As set forth in Exhibit C attached hereto. the Council herebY
finds that it is unnecessary to determine that any of the proposed
proiect alternatives set forth in the Final EIR can feasiblY and
substantial Iv lessen or avoid the potentiallY siqnificant adverse
environmental effects since all potentiallY siqnificant adverse
environmental effects of the proiect will be eliminated or
substantial Iv lessened bv virute of the mitiqation measures
herewith imposed.
D. Adoption of Mitiqation and Monitorinq Proqram.
As required bv Public Resources Code section 21081.6. the city
Council herebY adopts the mitiqation monitorinq and reportinq
proqram ( "proqram") attached to the FEIR as Appendix B incorporated
herein bv reference. The Council herebY finds the Proqram is
desiqned to ensure that. durinq proiect implementation. the
permittee/proiect applicant. and any other responsible parties.
implement the Proiect components and complY with the feasible
mitiqation measures identified in the Findinqs.
~ statement of Overridinq considerations Unnecessary.
After the adoption of all feasible mitiqation measures certain
siqnificant or potentiallY siqnificant adverse environmental
effects caused bv the proiect will not remain. Therefore. the
Council herebY finds that it is unnecessary to issue. pursuant to
CEOA Guidelines section 15093 a statement of overridinq considera-
tions identifvinq the specific economic. social. and other
considerations that render that unavoidable siqnificant adverse
environmental effect acceptable.
SECTION V. Zone change--zone Consistency study Area B-3-A
As regards the Zone Consistency Study Area B-3-A, the City
Council does hereby conditionally amend the Zoning Map of the City
of Chula vista as maintained by the Director of Planning of the
city of Chula vista to provide that the zone for the Zone
Consistency study Area B-3-A be changed from Apartment Residential
("R-3") to Apartment Residential with a P Modifier, but not to
exceed 22 units per acre ("R-3-P-22").
pal-zc2.wp Zone Change for Palomar and B-3-A
February 26, 1992 Page 7
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SECTION VI: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by Approved as to
IL./h .
Robert A. Leiter, Director of Bruce M. Boogaard, City
Planning Attorney
pal-zc2.wp Zone Change for Palomar and B-J-A
February 26, 1992 Page 8
(CL-(
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COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE March 3. 1992
ITEM TITLE: ORDINANCE .2~'11 Amending section 2.05.010 of the Chula Vista Municipal Code to
establish the classifications of Police Captain and Assistant
Director of Building and Housing in the Unclassified Service
of the City of Chula Vista.
SUBMITTED BY: DIRECTOR OF PERSONNEL
REVIEWED BY: CITY MANAGEW (4/Sth Vote: Yes~ NO___>
On February 25, 1992, the City Council approved Resolution 16514 which provided for movement
of the Police Captain classification from the Mid-Management group to the Executive group,
subject to ordinance adoption. The duties and authority of Police Captain, have been
increased to be on a par with all other classes in the Executive, Unclassified Service.
Additionally, the City Council approved Ordinance No. 2361, placing the position of Assistant
Director of Building and Housing in the Unclassified Service; however, the Municipal Code was
inadvertently not amended at that time. Approval of the ordinance will place both positions
in the Unclassified Executive Service.
RECOMMENDATION: Place ordinance on first reading.
BOARDS AND COMMISSIONS RECOMMENDATIONS: NONE
DISCUSSION: On February 25, 1992, the City Council approved placement of the classification
of Police Captain in the Executive group. This classification is currently Classified, an
appropriate status at it's previous Mid-Management level; however, recognizing an increase
in level of duties and responsibilities it was placed in the Executive Group, a group in
which all classes are Unclassified. A change in status from Classified to Unclassified is
not only consistent with comparable classes in that group, but appropriate, as it clearly
qualifies under the Charter:
Article V. Section 500 (a): It is further provided that the City Council may place
Assistant and Deputy Department Heads, Assistants to the Ci ty Manager, and new
Management level positions in the Unclassified Service by a four-fifth's vote of the
Counc il
and
Section 701 (a) (8): The City may place Assistant and Deputy Department Heads,
Assistants to the City Manager and new management level positions in the Unclassified
Service by an ordinance adopted by a four-fifth's vote.
~ -, ,I .
,_._...-.,..._-~._.__..~ --,.
In April, 1991, the City Council approved Ordinance 2361 creating the position of Assistant
Director of Building and Housing in the Unclassified Service and Resolution 16103 placing the
position in the Executive Group for fringe benefits; however, the Municipal Code, Section
2.05.010 was not amended at that time to include the classification. The request to include
it at this time is merely a clean-up measure consistent with what the Council has already
approved.
FISCAL IMPACT: The cost of placing these classifications in the Executive Group has already
been appropriated. There is no fiscal impact of this ordinance placing these positions in
the Unclassified Service.
¥~~
-. -
ORDINANCE NO...( 4tt7
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH THE CLASSIFICATIONS OF POLICE CAPTAIN
AND ASSISTANT DIRECTOR BUILDING AND HOUSING IN THE
UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA
WHEREAS, on February 25, 1992, the City Council approved
Resolution 16514 which provided for movement of the Police captain
classification from the Mid-Management group to the Executive group
subject to approval of an ordinance creating the position in the
Unclassified Service; and
WHEREAS, Charter sections 500(a) and 701(a) (8) authorize
the city council to create new Management level positions in the
Unclassified Service by an ordinance adopted by a four-fifths vote;
and
WHEREAS, the duties of Police captain have been modified
to the level of responsibility and authority on a par with other
classes in the Unclassified Service; and
WHEREAS, additionally, the city council by Ordinance No.
2361 established the Unclassified position of Assistant Director of
Building and Housing; however, the Municipal Code was not amended
inadvertently at that time.
The city Council of the city of Chula vista does hereby
ordain as follows:
SECTION I: That section 2.05.010 of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically
delineated in section 500 of the Charter of the City,
there are established the unclassified positions entitled
deputy city manager, assistant to the city manager,
deputy city clerk, assistant fire chief, assistant
director of planning, assistant director of finance,
assistant director of personnel, assistant director of
buildina and housina. city engineer, director of
management services, redevelopment coordinator, housing
coordinator, transit coordinator, assistant director of
community development, deputy director of public
works/city engineer, public information coordinator,
traffic engineer, deputy director of public
works/operations, budget manager, revenue manager,
assistant director of management services, aftè assistant
library director and police captain.
1
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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
Candy Boshell, Director of
Personnel
C:\rs\2.0S,OIO
2
.9- 'f /8-5
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MEMORANDUM
DATE: March 2, 1992
TO: Hoomob!. Moyo' eod C7"00I
VIA: John Goss, City Manager-
FROM: Candy Boshell, Director of Personnel Œ.ff
SUBJECT: MARCH 3,1992 AGENDA ITEM #8 - ATTACHMENT
Agenda Item #8 has attached to it Ordinance 2497 amending section 2.05.010 of the Chula Vista
Municipal Code to add the classifications of Police Captain and Assistant Director of Building and
Housing. Section 2.05.010 as presented in that ordinance is, however, not the most current version
and was included in error. A revision of Ordinance 2497, including the most up-to-date section
2.05.010 of the Municipal Code is attached and should be considered in place of the one originally
attached to the Agenda Statement.
..'
[wp:CBMEMO\GOSS.AGENDA ATTACH)
~/~
~n .----..
Revised 3/2/92
ORDINANCE NO. 2497
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH THE CLASSIFICATIONS OF POLICE CAPTAIN
AND ASSISTANT DIRECTOR BUILDING AND HOUSING IN THE
UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA
WHEREAS, on February 25, 1992, the City Council approved
Resolution 16514 which provided for movement of the Police Captain
classification from the Mid-Management group to the Executive group
subject to approval of an ordinance creating the position in the
Unclassified Service; and
WHEREAS, Charter sections 500(a) and 701(a) (8) authorize
the city Council to create new Management level positions in the
Unclassified Service by an ordinance adopted by a four-fifths vote;
and
WHEREAS, the duties of Police Captain have been modified
to the level of responsibility and authority on a par with other
classes in the Unclassified Service; and
WHEREAS, additionally, the city Council by Ordinance No.
2361 established the Unclassified position of Assistant Director of
Building and Housing; however, the Municipal Code was not amended
inadvertently at that time.
The city Council of the City of Chula vista does hereby
ordain as follows:
SECTION I: That section 2.05.010 of the Chula vista
Municipal Code is hereby amended to read as follows:
Sec. 2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically
delineated in section 500 of the Charter of the City,
there are established the unclassified positions entitled
deputy city manager, assistant to the city manager,
deputy city clerk, assistant fire chief, assistant
director of planning, assistant director of finance,
assistant director of personnel, assistant director of
buildinq and housinq, city engineer, director of
management and information services, redevelopment
coordinator, housing coordinator, transit coordinator,
assistant director of community development, deputy
director of public works/city engineer, public
information coordinator, traffic engineer, deputy
director of public works/operations, budget manager,
revenue manager, assistant director of management and
1
?5~t
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information services, aftà assistant library director and
police captain.
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
.", tJ-...J ,~~
Candy Boshell, Director of Bruce M. BOOgaardð y Attorney
Personnel
C:\rø\2.05.0l0
2
8--7
._"-'.----_._..,.,......
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/3/92
\1øC;~i
ITEM TITLE: Resolution Of the City Council of the City of Chula Vista
directing call for construction bids in Assessment District 90-2, (Otay
Valley Road)
SUBMITTED BY: Director of Public Works ~ .7-
Director of Community Development?
REVIEWED BY: City Manager çi (4/5 Vote: Yes_No..x.l
. ()
Preparations are being made to bring Assessment District 90-2, Otay Valley Road to the Council
in the near future for a public hearing. As a preliminary step in the proceedings it is
recommended that the City advertise for construction bids now.
RECOMMENDATION: Adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Redevelopment Agency and the staff have been working on improving Otay Valley Road
between 1-805 and Nirvana for several years. In March of 1988, the Agency retained the firm
of Leedshill-Hirkenhoff to prepare the plans for a six lane Major Street. On May 15, 1990, the
Redevelopment Agency recommended hiring a team of consultants to form an assessment
district, if feasible, for the improvement of Otay Valley Road east of 1-805. It is proposed that
this district be a construction-type assessment district under the 1913 Act proceedings. In July
of 1991, the City approved Resolution 16274 approving preliminary proceedings for the Otay
Valley Road Assessment District and requesting the County of San Diego give Consent and
Jurisdiction to include a portion of the Otay Ranch Property currently used as a quarry. The
staff have held two meetings with the property owners in the area and we have received protests
from some of the property owners (mostly in the Recycling Park area generally east of Maxwell
Rd).
Before the Public hearing is to be held staff believes it important that all the costs be as closely
identified as possible. In fact we need accurate costs prior to the Assessment Engineer preparing
the final report. We believe that now is a good time to go to bid for lower prices, and with
known prices the Assessment Engineer can use a much lower contingency in developing the total
cost of assessments to spread.
C\ -,
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Page 2, Item
Meeting Date 3/3/92
Plans and specifications for the improvement of Otay Valley Road Phase I (I-805 to Nirvana
Avenue) are complete. Staff is prepared to advertise for bids on March 7, 1992 for Phase I.
Plans and specifications for the improvement of Otay Valley Road Phase II (Nirvana Avenue to
Otay Rio Industrial Park) will be completed and bid at a later date. It is anticipated that Phase
II construction would lag behind Phase I construction by about eight months.
Generally, approval to advertise for bids would be done in conjunction with the Resolution of
Intention to form the district or even later. However, staff recommends advertising before the
Resolution of Intention in this case 1) to obtain bid prices for Phase I construction so that the
Engineer's Report can be revised to reflect these costs and 2) to start the process so that there
is adequate time to complete all proceedings by June of this year. Staff proposes to complete
the proceedings during this fiscal year because there will be SB 300 monies available to use on
this project which amount to approximately $1.7 million depending on construction estimates and
final costs. In order to obtain these funds, through reimbursement to the City, the contract
needs to be awarded before June 30, 1992. SB 300 funds are funds that the state contributes to
Agencies that construct Transportation projects with funds other than Gas Tax or Federal
Funding. This year's contribution from SB 300 funding is estimated to be approximately 30%.
Considering this, staff has proposed the following schedule:
~ Action
March 7, 1992 Advertise for bids for Phase I
March 17, 1992 Consent and Jurisdiction with County of San Diego
to allow the City to assess property outside of the
City limits
March 24, 1992 Resolution of Intention to form district and set
public hearing
April 8, 1992 Receive bids for Phase I
April 27, 1992 Hold public hearing
May, 1992 30 day cash collection & litigation period
June 9, 1992 Award construction contract for Phase I
The above schedule allows some flexibility on the actions while still meeting the June 1992
deadline.
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Page 3, Item
Meeting Date 3/3/92
Funds will not be available to construct the improvements in conjunction with this district until
after all the proceedings have been completed. The bid documents have been prepared to reflect
the uncertainty of funding and hence the uncertainty of the award of contract and notice to
proceed. The bond counsel, F. Mac Kenzie Brown, has reviewed the documents.
FISCAL IMPACT: The total cost of the Otay Valley Road improvements (phases I and II) are
estimaated to be $14,624,800. Funding sources for the Project are as follows:
$ 2,860,000 Appropriated in Otay Valley Redevelopment Project Area
189,300 Appropriated in Traffic Signal Fund
1,700,000 SB 300 State-Local Transportation Partnership Program
9.875.500 Proceeds from planned Assessment District No. 90-2
$14,624,800
DDS/dds:A Y08l
(OVRBID)
q"~/q'Jf
-----".--- ---",.,..--.---
RESOLUTION NO. (~~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING CALL FOR CONSTRUCTION BIDS IN ASSESSMENT DISTRICT
NO. 90-2 (OTAY VALLEY ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
has heretofore instituted proceedings pursuant to Resolutions 16274, 16275, and
16276 under the provisions of the "Municipal Improvement Act of 1913", being
Division 1 2 of the Streets and Highways Code of the State of California, for the
installation of certain public works of improvement in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD) (hereinafter referred to as the" Assessment Disttict"); and,
WHEREAS, Resolution 16274 made appointments, Resolution 16275 adopted
a map showing the proposed boundaries, and Resolution 16276 approved a
proposed Resolution of Intention and approved requesting consent and jurisdiction
from the County, all as a part of said Assessment District; and,
WHEREAS, at this time there have been submitted for final review the plans
and specifications for the works of improvement for the Assessment District; and,
WHEREAS, it is the intention of the legislative body to also call for sealed
proposals or bids for the doing of said work and improvements in said Assessment
District in the event said Assessment District is created.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the plans and specifications for Phase I of the works of
improvement in the Assessment District are hereby approved and authorized for
bidding.
SECTION 3. That the proposals or bids shall be opened and examined at a
public meeting so called; and said results of the bidding shall be reported at the
next regular meeting of this legislative body after the opening of the bids.
SECTION 4. That the terms and conditions for bidding on the works of
improvement for this Assessment District are as set forth in full in the Bid
Documents in the specifications as previously approved. Reference is hereby made
to said Bid Documents heretofore approved and identified as 'NOTICE TO
CONTRACTORS, ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)". For
all particulars as to bidding, the Notice to Contractors above referenced and all
incorporated documents and laws, including but not limited to the "Municipal
Improvement Act of 1913", shall control.
SECTION 5. That any award of contract will be subject to the receipt of money
from the sale of bonds and no bidder may withdraw his bid for a period of ninety
~-S
---..".- "". ,-,,~-_.~~,---~_."..,"'.-
(90) days following the receipt of proposals. This ninety (90) day period may be
extended by mutual consent of the lower responsible bidder(s) and the City.
That the City shall not reimburse the contractor for any costs incurred in the
preparation of the bid whether the contract be awarded or not.
That the contractor shall not commence construction until receiving a written
Notice of Commencement from the City, and no work shall be commenced or costs
incurred until said Notice has been transmitted.
SECTION 6. That it is hereby determined that in the event the contractor,
contracting owners included, if applicable, does not complete the work within the
time limit specified in the contract or within the time limit as shall be authorized,
the contractor of contracting owners, as the case may be, shall pay as liquidated
damages the amount or amounts as set forth in the specifications for the project,
said amounts herein referenced and so incorporated. That it is impractical to
determine the actual damage which will be sustained by reason of such delay, but
that the state sum is a reasonable amount for said liquidated damages and is not
being imposed as a penalty.
Presented by Approved as to form by
John P. Lippitt J )J.&l-J ~~rf
Bruce M. Boogaa .
Public Works Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this day of , 1992, by the following
vote:
AYES: Councilmembers:
NOES: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Tim Nader, Mayor
q-tc
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COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 3/3/92
ITEM TITLE: Resolution ) I. S :t.C¡ Accepting bids and awarding contract
for the construction of the Rancho del Rey Fire Training Tower
located at H Street and Pas eo Ranchero in the Ci ty of Chul a
Vista, CA
SUBMITTED BY: Director O~l ic Works~ r,J
Fire Chief
REVIEWED BY: City Managerv (4/5ths Vote: Yes_No...X...}
At 2:00 p.m. on February 5, 1992, in the Public Services Building, the
Di rector of Pub 1 i c Works recei ved sealed bids for the construction of the
Rancho Del Rey Fire Training Tower located at H Street and Paseo Ranchero in
the City of Chula Vista, CA.
RECII'HENDATION: That Counc il accept bids and award contract to Diversicon
General Contractors in the amount of $236,775.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Rancho Del Rey Fire Training Facility was budgeted in the 1991-92 Capital
Improvement Program. The project as approved in the current CIP includes both
the fire training tower and a classroom. However, based on long term planning
and util ization needs, only the training tower is proposed for immediate
construction. The classroom portion of the proposed Rancho Del Rey Fire
Station will be deferred until FY 1994 when existing Fire Station No. 4 will
be relocated to this site. (The project engineering plans and specifications
for this contract call for the construction of only the fire training tower
and associated site improvements.)
This project was advertised for a period of six weeks beginning December 21,
1991. During that period pl ans were purchased by 55 contractors, and on the
bid opening date, bids were submitted by seven contractors. The bids received
are as follows:
Contractor Bid Amount
1. Diversicon General Contractors - San Diego $236,775
2. Trepte Construction Co. - San Diego 238,342
3. Cal Star Construction Co. - El Cajon 244,944
4. Abacus Development, Inc. - San Diego 248,000
5. Rancho Pacific Corp. - Carlsbad 249,000
6. MQ Construction Management - Escondido 251,416
7. L. R. Hubbard Construction - San Diego 256,000
/() - I
._.~_....~ .~_ H_
Page 2, IteAl ID
Meeting Date 3/3/92
The low bid by Diversicon General Contractors is above the Architect's
estimate of $220,000 by $16,775 or 7.6%. Diversicon is a one and half year
old construction company. The owner of this construction company was the vice
president of RCE, Inc. which performed excellent work in the Fire Station #1
renovation in the City of Chula Vista. Diversicon is near completion, on time
and within budget, of a similar project for the U.S. Navy "Rapell ing Tower,
HCRD. " Additionally, staff conducted a background check and past performance
eva 1 uat i on wi th the mai n sub-contractor "LANTECH, Inc.". This is due to the
fact that Lantech is responsible for all concrete work accounting for
$128,500.00 or more than 50% of the total bid. Lantech's past performance
were found to be satisfactory and they received an excellent recommendation
from the San Diego Port District for their work on the Shelter Island Comfort
station. We have revi ewed the bi d and recommend awarding the contract to
Diversicon General Contractors. Attached is a copy of the Contractor's
Disclosure Statement.
FINANCIAL STATEMENT:
Funds Reauired for Construction
A. Contract Amount $236,775.00
8. Contingencies (approx. 10%) 23,677.50
C. Staff Cost (approx. 10%) 23.677 .50
Total Funds Required for Construction $284,130.00
Funds Available for Construction
Development Impact Fees and City DIF Credit:
A. 800-8060-5569-PSI12 $262,673.39
8. 806-8060-5291-PSI12 21.456.61
Total Funds Available for Construction $284,130.00
FISCAL IMPACT: This reflects an expenditure of funds authorized in the CIP
budget as indicated. Upon completion of the project, it will require routine
City maintenance. Funds have been appropriated and are available in the
FY 1992 CIP for the construction of this facil ity and the classroom facil ity
in project PS 112-H. Additional funding will need to be appropri ated duri ng
the FY 1993 (or subsequent) CIP budget process in order for the classroom
port i on of the project to be constructed. This additional funding is being
considered in the update to the Public Facilities DIF.
SA:JX-004
WPC 5893E
10 -2.//0-1
,-_.._~----_...__.._---
!H!tºßAfHH!.!t
February 18, 1992
File: JX-004
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director of Finance
Beverly Authelet, City Clerk
Gregg Hanson, Building Services Superintendent
FROM: John Lippitt, Director of Public Work~
Sam Lopez, Fire Chief
SUBJECT: Resolution - Accepting bids and awarding contract for the
construction of the Rancho del Rey Fire Training Tower located at H
Street and Paseo Ranchero in the City of Chula Vista, CA
Funds Reauired for Construction
A. Contract Amount $236,775.00
B. Contingencies (approx. 10%) 23,677.50
C. Staff Cost (approx. 10%) 23.677.50
Total Funds Required for Construction $284,130.00
Funds Available for Construction
Development Impact Fees and DIF Credit:
A. 800-8060-5569-PSI12 $262,673.39
B. 806-8060-5291-PSI12 21.456.61
Total Funds Available for Construction $284,130.00
WPC 5894E
11)-.3
-.-----
THE CI7Y OF CHULA. VISTA PARTY DISCLOSURE STATEMENT
Statement of discJosure of certain ownership interests, payments, or campaign contributions, on aIJ matters
which will require discretionary action on the part of the City CounciJ, PJanning Commission, and aIJ other
official bodies. The following information must be disclosed:
i. List the names of aU persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier. L Í'<v-.:n~ \-t .
~ .
\,)\\j~"'I~"",
~~I\
,\ C' .L.
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of aU
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in t]¡e partnership.
,
\.J\~
\
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
. \vIp..
t Have you had more than $250 worth of business transacted with any member of the City staff,
Boar, Commissions, Committees and Council within the past twelve months? Yes_
No _ If yes, please indicate person(s):
5. Please identify each and every person, incJuding any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
t-J\I\
6. Have you and/or your officers or agents, in the aggregate, contributed m~ than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s ):
Person is defined as: "Any individual, firm, cO'pannership, joint venture, association, social club, fraternal organizarion, corporation,
eSI{1(e, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdi\'ision,
or allY other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
D;¡¡e: '1 A '\ 1..- ~\...~&.~ \)(M.);~
Signature of contractor/applicant
\) \\J I: ~":) \ LeI' - ~\ \ U,Pr\;'l \:) A<.: .."
Print or type name of contractor/applicant
[,\,J 11.\:DISCLOSETXTj ¡Revised: J I!:\OfJO)
II) -tJ.
.. -,,_.,---~-_..._- u_.
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE CONSTRUCTION OF THE RANCHO
DEL REY FIRE TRAINING TOWER LOCATED AT H
STREET AND PAS EO RANCHERO IN THE CITY OF CHULA
VISTA, CA.
WHEREAS, at 2:00 p.m. on February 5, 1992, in the Public
Services Building, the Director of Public Works received the
following seven sealed bids for the construction of the Rancho del
Rey Fire Training Tower located at H Street and Pas eo Ranchero in
the City of Chula vista:
Diversicon General Contractors $236,775
San Diego
Trepte Construction Co. $238,342
San Diego
Cal Star Construction Co. $244,944
El cajon
Abacus Development, Inc. $248,000
San Diego
Rancho Pacific Corp. $249,000
Carlsbad
MQ Construction Management $251,416
Escondido
L. R. Hubbard Construction $256,000
San Diego
WHEREAS, staff has reviewed the bids and recommends
awarding the contract to the lowest responsible bidder, Diversicon
General Contractors, who has assured the ci ty that they are a
licensed contractor in the State of California and can produce an
acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista has reviewed the specifications for the
construction of the Rancho del Rey Fire Training Tower and does
hereby approve same.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does hereby accept said seven bids and award the
1
10-5
__...___..______'___n_______.,__
contract for the construction of the Rancho del Rey Fire Training
Tower to Diversicon General Contractors in the amount of $236,775.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to execute
said contract for and on behalf of the City of Chula vista.
Presented by Approved as to form by
~
John P. Lippitt, Director of D. Richard Rudol istant
Public Works city Attorney
C:\rs\RDR Fire Train Bid
2
If) - ,
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COUNCIL AGENDA STATEMENT
Item -U-
Meeting Date 03/03/92
llø 1$1>(..
ITEM TITLE: RESOLUTION lJó6(r Approving the Agreement Between
FN Projects and the City of Chula Vista to provide low- and moderate-
income housing
SUBMITTED BY: Community Development Director (,. ~,
REVIEWED BY: City Manageró
(4/Sths Vote: Yes _ No.xJ
BACKGROUND:
At its meeting of February 18, 1992, the City Council raised certain issues regarding the
proposed agreement to provide low and moderate income housing in Salt Creek I. Council
requested staff to return with a report addressing these issues relating to deed restrictions
imposed on the low-income units at their next meeting, along with a revised agreement if
appropriate. Attached hereto is the previous staff report and revised agreement.
RECOMMENDATION: That the City Council adopt the resolution approving the Agreement
between FN Projects and the City of Chula Vista to provide low- and moderate-income housing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Council expressed the desire to impose an affordability duration on the Salt Creek I units of
more than 10 years. The Council also desired that those units have an owner-occupancy
requirement. Staff and the City Attorney have met with FN Projects and have come to
agreement on the recommended revisions to the Salt Creek I agreement.
DURATION: The agreement has been amended to require a deed restriction of 15 years, rather
than 10 years (Section 4). Fifteen years affordability duration for for-sale housing is
programmatically acceptable. It is recommended in light of legal issues discussed in the City
Attorney's confidential memorandum provided to the Council with the agenda.
Other revisions have been made which address the duration of affordability. They are:
1. When resales occur during the l5-year affordability period, they will be to low income
buyers unless an exemption based on hardship is granted by the Community Development
Director.
2. The City's deed restriction for affordability, where it must be subordinate to a lender's
purchase money first Trust Deed, will have right to notice, cure, and subrogation in a
\\ ..,
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Item \)
Meeting Date 03/03/92
foreclosure, unless the Community Development Director determines it is necessary to
waive that right to secure lender fmancihg of the unit. The risk of such a waiver is that
the City could not step in to "save" the unit for low income occupancy; the City would
only receive its subsidy back, which it could then use for other housing assistance. This
is a typical, acceptable risk in such programs.
3. The agreement calls for the City's deed restriction to be in a priority position to any
lender's Purchase Money Trust Deed. However, FNMA, which is a likely secondary
market purchaser of the Purchase Money Trust Deeds, does not by regulation allow
subordination to third party deed restrictions. Therefore, the agreement calls for the City
to accept a subordinate position for its deed restriction in cases where FNMA or a
government or quasi-government agency with similar regulations to FNMA are
purchasing the units' Trust Deeds, in order to assure that it is feasible to deliver the low-
income units.
This arrangement is considered feasible for the following reasons:
[1] A survey of government low-income for sale housing programs indicates
the default rates in such programs are very low. It appears that the
programs represent such a valuable benefit to low-income buyers that
those buyers are extremely careful about maintaining their mortgages.
Therefore, default risk on the Baldwin low-income units does not seem
great.
[2] FNMA has been barraged with complaints about their subordination
regulations, and there appears to be some possibility of change to those
regulations. Such change could occur prior to the fmancing of the
Baldwin units.
[3] The subsidy funds provided by Baldwin for the low-income units will be
provided by the City to the buyers with some debt mechanisms which will
assure affordability for some period of years which may exceed the 15
years of the deed restrictions.
Owner/Occupancy:
The agreement has been revised to require that the low income units be owner/occupied (Section
4). This requirement will be enforced through deed restrictions and financing instruments;
however, the Community Development Director is authorized to grant exceptions in what he
deems special, hardship circumstances.
Developing Deed Restrictions/Subsidy Mechanisms:
Subsequent to this agreement, staff and FN Projects will develop the specifics of the deed
restrictions and the subsidy mechanisms. As conceptual consensus already exists, staff and FN
\\.d-.
__. .,...____~____._.w__
Item --L
Meeting Date 03/03/92
Projects anticipate quickly achieving those specifics which are consistent with the basic
requirements of Section 4 of the agreement. Both parties are committed to completing that
process in 30 days. The resolution authorized the Community Development Director to approve
the deed restriction language. The agreement prevents FN Projects from closing escrow on the
low income units in the unlikely event that agreement on the deed restriction language cannot
be reached.
FISCAL IMPACT:
The City will receive $1300 from the applicant to pay for administrative costs incurred by City
in connection with the Administration of this Agreement. The applicant will pay an affordable
housing subsidy of $301,878.15 into an escrow account to be used by City to assist
approximately 13 Low Income purchasers to purchase units in Salt Creek I.
[AG/A:\SALT--CRK.113]
\\.. ~ Þ /-1./
_..__.+_.-...,"--."_....~--
ATTACHMENT
COUNCIL AGENDA STATEMENT
Item
Meeting Date 02/18/92
ITEM TITLE: RESOLUTION 16506 Approving the Agreement Between
FN Projects and the City of Chula Vista to provide low- and moderate-
income housing
SUBMI1TED BY: Community Development Director ¿,. <J .
REVIEWED BY: City Manager
(4/Sths Vote: Yes _ No.xJ
BACKGROUND:
On September 12, 1989 the City Council approved a tentative map for the subdivision of Salt
Creek 1. Condition No. 11 of the tentative map required the developer (FN Projects, a joint
venture including the Baldwin Company) to reach an agreement with the City to devote at least
10 percent of the project units (approximately 55 units) to low- and moderate-income housing
in conformance with the City's Housing Element.
RECOMMENDATION: That the City Council adopt the resolution approving the Agreement
between FN Projects and the City of Chula Vista to provide low- and moderate-income housing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Housing Element of the General Plan requires that subdivisions of 50 units or more address
the provision of 10 percent of the subdivision's units as affordable to low- and moderate-income
households. Discussions over time between staff and the Salt Creek I developer have been
directed at most feasibly satisfying that requirement. As a result, condition No. 11 was imposed
on the tentative map which required the applicant to reach an agreement to provide low- and
moderate-income housing in Salt Creek 1. On May 14, 1991 the City and applicant entered into
a Supplemental Subdivision Agreement which shifted the burden of condition No. 11 to the
"attached housing area" of Salt Creek 1. Subsequently, on December 17, 1991 the City and
applicant entered into an Amendment to the Supplemental Subdivision Improvement Agreement
which further shifted the burden to the "condominium project area" of Salt Creek 1.
To satisfy the affordable housing obligation, the applicant has agreed to provide 2.5 percent of
the total Salt Creek I units as low-income units (13 units) and 7.5 percent as moderate-income
units (39 units). All of those units will be provided in the condominium project of Salt Creek I,
which is the highest density and most feasible for affordable housing.
The most significant components of the agreement are as follows:
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Page 2 Item
Meeting Date 02/18/92
1. Subsidy/Denvery or Units: FN Projects has agreed to subsidize the low-income units
through a in-lieu payment of $600 per market rate unit throughout the Salt Creek I subdivision.
As each Salt Creek I market rate unit sells, the developer will pay $600 to a fund maintained
by the City. The maximum accrual to the fund will be $301,878, which will provide a potential
subsidy to each low-income unit (13 units) averaging $23,221. This subsidy is approximately
one-half of the amount necessary to subsidize the target units to an affordable level for low-
income households. Given the subdivision densities, the for sale product types, and the ability
of the market rate units to sustain additional financial burdens and still remain marketable, it is
felt that such a subsidy level is a maximum feasible level for the developer to provide. The City
agrees to attempt to provide additional subsidies to bring the 13 low-income units to an
affordable level. This seems feasible with such programs as the Mortgage Credit Certificate
Program. If the City cannot deliver additional subsidies sufficient to provide 13 low-income
units, then the combined subsidies of the developer and the City would be applied to achieve as
many low-income units as possible. At the City's sole option, the developer's subsidy could be
switched to any other affordable housing project or program in the City.
At the point at which 13 low-income units are provided in Salt Creek I through any combination
of mechanisms, regardless of the status of the payments to the developer's subsidy fund, the
developer would have no further obligation to pay into the subsidy fund, and the unused balance
of the fund would be returned to the developer.
No subsidy is necessary for the moderate-income affordable units, as market rate for these
condominiums is currently affordable to moderate-income households. The 39 unit restriction
in the agreement simply assures that the moderate-income units will be delivered if conditions
change (Section 4.1).
2. Phasing: In accordance wifu marketing and lending practices, the condominium project,
and the delivery of-affordable units within the project, will be phased. A phasing schedule has
been incorporated in the agreement, and the affordable units have been spread throughout the
project in that schedule. Affordable units can be "pre-sold" before release of a phase for sale.
If an affordable unit remains unsold 30 days after issuance of a Certificate of Completion, the
developer can obtain the City's release of that unit for non-low-income sale and "roll-over" that
obligation to the next phase. No phase would have more than 20 percent concentration of low-
income units (Section 11).
3. Resale Control: The City will be structuring a subsidy program for the developer
subsidy and any City subsidy, which may include down-payment assistance or a silent second
loan with equity participation. The agreement stipulates that for each low-income unit receiving
a subsidy, the City will have the right to impose a resale deed restriction for 10 years. Through
that deed restriction, the City would have the right to first refusal, which would be exercised or
assigned to another low-income buyer. This would avoid "windfall profits" to the initial buyer
and would sustain affordability of the units (Section 4.3.1,2, and 3).
4. Marketing Plan: The agreement requires the developer to provide a marketing plan for
the low-and moderate-income units which is acceptable to the City. The City agrees to assist
\\..L\...t
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Page 3 Item
Meeting Date 02/18/92
in the marketing and to call upon third-party non-profit organizations to assist where possible.
Such organizations with specialized skills exist and could be brought into the marketing effort
(Section 7).
5. Adm;n;~rative Costs: The developer will pay the City $100 per low-income unit for
administrative costs (Section 8).
6. Special Consideration of Subsidies: The City agrees, to the maximum extent feasible,
to give special consideration to obtaining cost reduction mechanisms for the Salt Creek I project
affordable housing requirement. This is effectively a good faith pledge to provide subsidies that
might become available to this development before providing them to other projects which have
not yet negotiated an affordable housing agreement, as long as subsidy program regulations
would allow such special considerations (Section 9).
This agreement is not intended to be precedent setting for future negotiations to provide
affordable housing in other developments. This project is considered to be unique for a variety
of reasons including the configuration of the property, single access to the project area, and the
inability to provide rental units. Based on these considerations, staff believes that the attached
negotiated agreement is equitable and provides for the maximum number of low income for-sale
units which were determined to be achievable within Salt Creek I.
FISCAL IMPACT: The City will receive $1300 from the applicant to pay for administrative
costs incurred by City in connection with the Administration of this Agreement. The applicant
will pay an affordable housing subsidy of $301 ,878.15 into an escrow account to be used by City
to assist approximately 13 Low Income purchasers to purchase units in Salt Creek I.
[C:IWPS lICOUNCll.11 13SISALTCRK1.l 13]
\\-\1. ..~
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RESOLUTION II.. 50(ø
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Approving the Agreement between FN Projects and the City of Chula Vista to
Provide Low and Moderate Income Housing
THE CITY COUNCn.. OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, FN Projects, a California Corporation is the owner of certain real
property consisting of approximately 130 acres located in Chula Vista and commonly known as
"Salt Creek I; and
WHEREAS, A tentative map for the subdivision Of Salt Creek I has been
approved subject to certain requirements and conditions, as contained in Resolution No. 15299,
approved on September 12, 1989; and
WHEREAS, Condition No. 11 of the tentative map requires Applicant to "reach
an agreement with the City to devote at least 10% of the project units to low and moderate
income housing; and
WHEREAS, The City and Applicant entered into a Supplemental Subdivision
Improvement Agreement known as document #C091-081 dated May 14, 1991 which shifted the
burden of Condition No 11, as it applies to Chula Vista Tract 89-9, units 1, 2, and 3 to the
remainder of Salt Creek I; and
WHEREAS, City and Applicant entered into a First Amendment to the
Supplemental Subdivision Improvement Agreement regarding Condition No. lIon December
171991 which further shifted the burden on Condition No. 11 as it applies to Chula Vista Tract
89-9, Unit 4, to the remainder of Salt Creek I ("Condominium Housing Area") and set forth that
the applicants obligation is to provide 2.5% of the total project units as Low Income Housing
Units and 7.5% of the total project units as Moderate Income Housing Units.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of
the City of Chula Vista does hereby approve an agreement with FN Projects to provide Low and
Moderate Income Housing within Salt Creek 1, a copy of which is on file in the office of the
City Clerk.
BE IT FURTIIER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by: u¡
rlLv~
Chris Salomone, Executive Secretary and Bruce M. Boogaard
Community Development Director Agency General Co nse1
[AGIA:\SALTCRK.RESO 11-5/11-6
, -
-,-'-' ~--_._-
RECORDING REQUESTED BY: )
City Clerk )
)
WHEN RECORDED, MAIL TO: )
)
City Of Chula Vista )
276 Fourth Avenue )
Chula Vista, CA 91910 )
Attn: )
)
)
Space Above for Recorder's Use
No transfer tax is due as this
is a conveyance to a public
agency of less than a fee
interest for which no cash
consideration has been paid or
received.
AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING
This AGREEMENT TO PROVIDE LOW AND MODERATE INCOME HOUSING ("Agreement") is
made this , 1992, for the purposes of reference only, by and
between THE CITY OF CHULA VISTA, California, a municipal corporation ("City") and
FN PROJECTS, a California Corporation ("Applicant"), with reference to the facts
set forth below.
RECITALS
A. Applicant is the owner of certain real property consisting of
approximately 130 acres, located in Chula Vista, California, as more particularly
described on Exhibit "An attached hereto and incorporated herein ("Salt Creek
I") .
B. A tentative map ("Tentative Map") for the subdivision of Salt Creek I
has been approved, subject to certain requirements and conditions, as contained
in Resolution No. 15299, approved on September 12, 1989.
C. Condition No. 11 of the Tentative Map ("Condition No. 11") requires
Applicant to "reach an agreement with the City to devote at least 10\ of the
protect units (approximately 55 units) to low and moderate income housing."
D. City and Applicant entered into that certain Supplemental Subdivision
Improvement Agreement known as Document #C091-081, dated May 14, 1991, and
recorded in the Of fic ial Records of San Diego County on June 18, 1991, as
Instrument No. 91-0292169 ("Supplemental Agreement") which shifted the burden
of Condition No. 11, as it applies to the Chula Vista Tract 89-9, Units 1, 2 and
3, to the remainder of Salt Creek I.
E. City and Applicant also entered into that certain First Amendment to
Supplemental Subdivision Improvement Agreement regarding Condition No. 11 known
as Document # , dated December 17, 1991, and recorded in the Official
Records of San 'Diego County on , as Instrument No.
("First Amendment"), which further shifted the burden of Condition No. 11 as it
applies to Chula Vista Tract 89-9, Unit 4, to the remainder of Salt Creek I
("Condominium Housing Area") as more particularly described on Exhibit "Bn
fnl. wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 1
J/-7
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attached hereto. As used herein, the term "Supplemental Agreement" shall refer
to the Supplemental Agreement as modified by the First Amendment.
F. In order to satisfy Applicant's obligations under the Supplemental
Agreement, and in full and final satisfaction of Condition No. 11, Applicant has
agreed to devote, or otherwise provide, 10% of the total dwelling units which are
permitted by City to be constructed in Salt Creek I ("Total Salt Creek I Units")
as Low Income Housing Units (as defined below) or Moderate Income Housing Units
(as defined below). Applicant shall devote 2.5% of the Total Salt Creek I Units
as Low Income Housing Units and 7.5% of the Total Salt Creek I Units as Moderate
Income Housing Units. In addition, Owner has agreed to pay to City a low income
housing subsidy which may be used by City to subsidize the purchase prices for
the purchase of Low Income Housing Units by Low Income Purchasers (as defined
below) or for certain other affordable housing purposes within the City.
G. The parties desire to execute this Agreement to provide for the
obligations and rights of Applicant and City with respect to the allocation of
Low and Moderate Income Housing Units in the Condominium Housing Area of Salt
Creek I.
NOW, THEREFORE, in consideration of the foregoing recitals and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as set forth below.
1. Definitions.
1.1 Low Income Housino Unit. The term "Low Income Housing Unit"
shall mean a residential structure designed for sale to a Low Income Purchaser,
and constructed pursuant to said design.
1.2 Low Income Purchaser. The term "Low Income Purchaser" shall
mean an actual or prospective purchaser of a residential unit in the Condominium
Housing Area, which is a household whose gross annual income does not exceed 80%
of the San Diego Area Median Income, based upon household size. The parties
acknowledge that all residential units to be sold in the Condominium Housing Area
as Low Income Housing Units shall contain two bedrooms. Therefore, household
size for purposes of determining the San Diego Median Income for Low Income
Purchasers shall be a household of four.
1.3 Moderate Income Housino Unit. The term "Moderate Income
Housing Unit" shall mean a residential structure designed for sale to a Moderate
Income Purchaser, and constructed pursuant to said design.
1.4 Moderate Income Purchaser. The term "Moderate Income
Purchaser" shall mean an actual or prospective purchaser of a residential unit
in the Condominium Housing Area, which is a household whose gross annual income
does not exceed 20% of the San Diego Median Income, based upon household size.
The parties acknowledge that all residential units to be sold in the Condominium
Housing Area as Moderate Income Housing Units shall contain two or three
bedrooms. Therefore, household size for purposes of determining the San Diego
Median Income for Moderate Income Purchasers shall be a household of four for a
two-bedroom unit, and a household of six for a three-bedroom unit.
1.5 Phase. The term "Phase" shall refer to either a development
or marketing phase within the Condominium Housing Area.
1.6 San Dieoo Median Income. The term "San Diego Median Income"
shall mean the San Diego County Area Median Income level as determined from time
to time by the Department of Housing and Urban Development, United States
Government, based on household size.
fnl.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 2
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2. Satisfaction of Tentative Mac Condition and Termination of First
Amendment. The parties agree that the performance and satisfaction by Applicant
of every term, covenant and condition of this Agreement will constitute full and
complete satisfaction of Condition No. 11 and the Supplemental Agreement. Upon
recordation of this Agreement, OWner and City agree that the First Amendment to
the Supplemental Agreement shall terminate and both parties shall be released
from all obligations set forth therein. City shall execute a quitclaim or other
document requested by a title company to release the First Amendment.
3. Dutv to Provide Moderate and Low Income Housina Units. Applicant
shall devote, or otherwise provide, 10% of the Total Salt Creek I Units as Low
or Moderate Income Housing Units in the Condominium Housing Area. Applicant
shall devote, or otherwise provide, 7.5% of the Total Salt Creek I Units as
Moderate Income Housing Units within the Condominium Housing Area and 2.5% of the
Total Salt Creek I Units as Low Income Housing Units within the Condominium
Housing Area. As an example of such allocation, assume that the Total Salt Creek
I Units is 523 units. In such case, Applicant shall be required to devote 52 of
such units within the Condominium Housing Area as Low or Moderate Income Housing
Units, 39 of which shall be devoted as Moderate Income Housing Units, and 13 of
which shall be devoted as Low Income Housing Units.
4. Low Income Housina Units.
4.1 Low Income Housina Subsidy. Applicant will pay an affordable
housing subsidy of $600 per Salt Creek I Unit ("Per Unit Subsidy") to City at the
close of escrow for each unit sold in Salt Creek I, commencing as of the close
of escrow on the twentieth unit sold in Salt Creek I; provided, however, that
Applicant shall not be required to pay the Per Unit Subsidy at the close of
escrow for the sale of any Low Income Housing Units. City will place the Per
Unit Subsidies in an interest bearing escrow account. The Per Unit Subsidies
will be paid until (a) 2.5% of the Total Salt Creek I Units are purchased by Low
Income Purchasers as Low Income Housing Units or (b) until Three Hundred One
Thousand Eight Hundred Seventy Eight Dollars and Fifteen Cents ($301,878.15),
plus the Administrative Cost (as defined in section 8), accrues in the escrow
account (including interest), whichever occurs first. The escrow account shall
be used to assist approximately 13 Low Income Purchasers to purchase units in
Salt Creek I. However, if at the sole discretion of City, it is determined that
any of the Low Income Housing Units cannot be provided on site, City shall use
the funds to provide other affordable housing opportunities in the City of Chula
Vista. At the point at which 2.5% of the Total Salt Creek I Units are sold as
Low Income Housing Units in accordance with this Agreement, any unused funds in
the escrow account shall be returned to Applicant within forty-five (45) days
after the sale of the last unit comprising 2.5% of the total Salt Creek I Units.
City shall deliver to Applicant, concurrently with the release of a Phase for
sale by Applicant, an accounting of all payments made by City of such funds,
together with a listing of all units to which such subsidy payments were applied.
4.2 Initial Sales Price for a Low Income Housina Unit. The initial
sales price for a Low Income Housing Unit in the first Phase of the Condominium
Housing Area shall be One Hundred Fifteen Thousand Dollars ($115,000) . If the
San Diego Median Income is increased, then the sales price for Low Income Housing
Units in any Phase may be increased to reflect the increased purchasing power of
the Low Income Purchasers.
4.3 Proaram to Assist Low Income Purchasers. City will develop and
implement a program to assist Low Income Purchasers with the purchase of units
within the Condominium Housing Area. Such program shall be implemented subject
to the provisions set forth below.
4.3.1 Deed Restrictions for Low Income Housina Units. For each Low Income
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 3
II - 0;
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Housing Unit the city shall have the right to impress, prior to the initial sale
of any such Low Income Housing Units, such covenants, conditions and restrictions
against title ("Deed Restriction") to such units as City deems appropriate and
necessary to implement and preserve the Low Income Housing Units, but at a
minimum shall require (1) that the Low Income Housing Unit is occupied primarily
by the owner of the Unit ("OWner-Occupancy Condition"); (2) that the Low Income
Housing Unit is transferred only to subsequent purchasers who would qualify as
Low Income Purchasers except under such conditions as may be deemed appropriate
(such as death, divorce, or other hardship etc.) by the City's Director of
Community Development ("Subsequent Purchaser Qualification Condition"); (3) that
the gross sales proceeds on subsequent sales of the Low Income Housing Unit does
not exceed the seller's investment in the unit plus an adjustment for cost of
living increases ("Limitation on Gross Sales Proceeds Condition"); and (4) that
the City shall have the right to be notified of a proposed subsequent sale, and
to be offered the right to acquire the Low Income Housing Unit at the maximum
permitted gross sales price ("Right to Purchase"), which Deed Restrictions shall
remain operative for fifteen (15) years from the date of the initial sale of the
unit by the Applicant ("Initial Sale"). Such Right of Purchase may be assigned
by the City to a Low Income Purchaser who agrees to purchase such Low Income
Housing Unit. The Deed Restrictions shall include a provision which states that,
if the City or its assignee does not exercise its Right of Purchase, the Right
to Purchase shall terminate. The Deed Restrictions shall be in a priority
position to a purchase money lender's security interests; however, upon a good
faith demonstration by the Applicant to City of need for subordination in order
to secure financing, the City shall agree to subordinate the Deed Restrictions
to the lien of a purchase money deed of trust provided the form of such
subordination meets with the city's reasonable satisfaction, not unreasonably
withheld, and provides City with the right to receive notice of, and the right
to cure, any defaults and to be subrogated to the rights of the lender upon such
cure, or contains such other terms as may be acceptable to the Director of
Community Development. Notwithstanding the foregoing, the city agrees that it
will, through the Director of Community Development, waive such requirements for
subordination only to the extent necessary to conform to requirements of the
Federal National Mortgage Association and any other federal guarantor or
purchaser of such first mortgages.
4.3.2 Non-Subsidy Deed Restrictions.
Inasmuch as the City shall have the right to impose the Deed Restrictions
as to Low Income Housing Units for which the City has not provided a subsidy or
any other assistance, ("Non-Subsidy Deed Restrictions"), City acknowledges that
the Non-Subsidy Deed Restrictions is being imposed upon Applicant as a
requirement of the City, and Applicant makes no warranty or representation
regarding the enforceability of any such Non-Subsidy Deed Restrictions. City
hereby waives, relinquishes and covenants not to sue Applicant, any homeowners
association formed to govern the Condominium Housing Area ("Association"), or any
other owners in the Condominium Housing Area other than the Low Income Housing
Unit Purchaser as a result of a breach by a Low Income Housing Unit Purchaser of
any Non-Subsidy Deed Restrictions affecting such Low Income Purchaser's Unit.
City further agrees that it will not take any actions during Applicant's Initial
Sale Marketing efforts, but not for a period of longer than 3 years from the
first Initial Sale, to enforce the Non-Subsidy Deed Restrictions if such actions
will adversely impact Applicant's ability to market the remaining units in Salt
Creek I. City shall indemnify, defend and hold Applicant and its successors and
assigns and any Association harmless from and against any claims, actions,
damages, and liabilities (including, without limitation, attorneys' fees) arising
from or attributable to the Non-Subsidy Deed Restrictions and any actions filed
by the City to enforce such Non-Subsidy Deed Restrictions.
4.3.3 Deed of Trust. In addition to the Deed Restrictions, City
fnl.wp FN Projects Affordable Housing Agreement
February 28, 1992 Page 4
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shall, in cases where City provides a subsidy to a Low Income Purchaser, have the
right to impose a Deed of Trust second in priority to a purchase money lender's
deed of trust against such Low Income Housing Unit ("City's Deed of Trust"). The
form and content of such Deed of Trust shall be agreed to by City and Applicant
concurrently with City and Applicant's approval of the Deed Restrictions pursuant
to section 4.3.4 below.
4.3.4 Reauirements Reaardina Deed Restrictions and Deed of Trust.
Any Deed Restrictions or City's Deed of Trust imposed under Sections 4.3.1 or
4.3.3 shall be imposed in accordance with the requirements set forth below. Any
Deed Restrictions or City's Deed of Trust permitted under Sections 4.3.1 and
4.3.3 shall be imposed at the time of the Initial Sale. City agrees that any
additional Deed Restrictions, not contemplated under the provisions of 4.3.1,
shall not unreasonably adversely impact Applicant's ability to market the
remaining units within Salt Creek 1. City shall obtain the prior written
approval of Applicant to any such additional Deed Restrictions at least nine
months prior to the implementation of such programs or Deed Restrictions and City
and Applicant shall use due diligence and good faith efforts to reach agreement
on the form of such Deed Restrictions, additional Deed Restrictions, and City's
Deed of Trust within 30 days of the recordation of this Agreement. The approval
of Applicant to any additional Deed Restrictions shall not be unreasonably
withheld by Applicant. If Applicant reasonably withholds its consent to the
imposition of additional Deed Restriction, Applicant and the Director of
Community Development shall meet, in good faith, to reach agreement on a form of
Deed Restrictions which will be acceptable to both Applicant and City. Until
there is an agreement on the content of the Deed Restrictions and City's Deed of
Trust, the Applicant shall not engage in any Initial Sales of such Low Income
Housing Units, unless permitted by the Director of Community Development.
S. Construction Standards. The Low and Moderate Income Housing Units
shall be constructed to substantially the same material quality standards as all
other residential units to be constructed in the Condominium Housing Area.
6. ReDortina Reauirements. Commencing on the date on which the units
in the first Phase are released for sale, and continuing on the dates on which
the units in each subsequent Phase are released for sale, Applicant shall deliver
to City a report ("Compliance Packet") which includes the information set forth
below.
6.1 Actual Purchasers. With respect to each Low and Moderate
Income Purchaser who enters into a purchase contract with Applicant since the
previous report, the Compliance Packet shall include (a) a copy of each purchase
contract entered into with such Low and Moderate Income Purchasers and (b) a
qualifying form to be signed by a representative of Applicant or by any other
person designated to qualify purchaser as a Low or Moderate Income Purchaser
which includes the information which Applicant relied upon in determining that
the purchaser qualifies as a Low or Moderate Income Purchaser. The qualifying
form shall be in a form approved by City's Director of Community Development, in
such person's reasonable discretion.
6.2 Non-Purchasers. With respect to each person who applies as a Low
or Moderate Income Purchaser but did not qualify as a Low or Moderate Income
Purchaser, the Compliance Packet shall include a report which sets forth each
household's name, address, telephone number, size of household, gross annual
income, ethnicity, date of application and reasons for not purchasing a unit.
The report shall be prepared by Applicant or by any other person designated to
qualify a purchaser. as a Low or Moderate Income Purchaser.
6.3 Authorization for Release. Each Compliance Packet which is
delivered to City shall contain an acknowledgement by each household applying as
fnl.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 5
1/-./1
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a Low or Moderate Income Purchaser that (a) the information in the Compliance
Packet is required by city, (b) the household authorizes the release of the
Compliance Packet to city, (c) the information in the Compliance Packet is for
use only by City in accordance with the sale of Low and Moderate Income Housing
Units in Salt Creek I, and (d) such information may not be disclosed to any
person or entity other than representatives of city who are administering
Applicant's compliance with the provisions of this Agreement.
7. Dutv to Provide a Marketina Plan and Dutv to Market Low and Moderate
Income HousinQ Units to Low and Moderate Income Purchasers. Applicant shall
provide a plan ("Marketing Plan") acceptable to City, in its reasonable
discretion, for proactively marketing the Low and Moderate Income Housing Units
to Low and Moderate Income Purchasers. Applicant shall use good faith and
reasonable best efforts to market the Low and Moderate Income Housing Units to
Low and Moderate Income Purchasers, respectively, according to the Marketing
Plan. City agrees to use good faith and reasonable best efforts to assist
Applicant in marketing the Low and Moderate Income Housing Units and to assist
in obtaining the services of a third-party organization in connection with such
marketing efforts and in processing the applications of prospective purchasers
of Low and Moderate Income Housing Units and complying with the reporting
requirements set forth in Section 6 of this Agreement.
8. Administrative Costs. Applicant agrees to pay City for the
reasonable administrative costs incurred by City in connection with the
administration of this Agreement; provided, however, such administrative costs
shall not exceed $100 for each Low Income Housing Unit sold to Low Income
Purchasers ("Administrative Costs"). The Administrative Costs will be applied by
the City, toward staff costs associated with the City's obligations under this
Agreement, including, but not limited to, such things as costs relating to
telephone questions and referring eligible buyers, advertising, assisting with
marketing program, monitoring sale and phasing of Low/Moderate units,
administering "silent 2nd" program, or applications for state and federal
subsidies.
9. Additional Subsidies. The parties acknowledge that, due to the
increased cost of land development, it is becoming increasingly difficult for
developers such as Applicant to offer affordable housing units for sale to Low
and Moderate Income Purchasers. Accordingly, during the term of this Agreement,
city agrees to use good faith and reasonable best efforts to assist Applicant in
providing affordable housing in Salt Creek I by obtaining the benefit of certain
financing and other mechanisms which would reduce the cost of providing
affordable housing in Salt Creek I, including, but not limited to, local, state
and federal subsidies, density bonuses, planning, design and development
techniques and standards which reduce the cost of providing affordable housing,
the issuance of mortgage revenue bonds and application for Federal Mortgage
Credit Certificates (collectively, the "Cost Reducing Mechanisms"). The parties
acknowledge that city is unable to guarantee the availability of any Cost
Reducing Mechanisms to Applicant or on a project specific basis for Salt Creek
I. Notwithstanding the foregoing, in light of the fact that Applicant is one of
the first developers in the City to enter into an agreement to provide affordable
housing in the City, the parties agree that if, as a result of any legislation
enacted after the date of this Agreement or any other changed circumstances, the
City is able, both legally and as a result of the availability of such Cost
Reducing Mechanism, to reserve or otherwise provide any Cost Reducing Mechanisms
for the benefit of any developer in the City, or for the benefit of any specific
project in the City, then City agrees that it will afford Applicant special
consideration in obtaining the benefit of such Cost Reducing Mechanisms before
such Cost Reducing Mechanisms are offered to other developers in the City.
10. Exceditina Issuance of Buildina Permits and processina of Maps. In
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 6
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order to achieve the purpose of this Agreement which is to provide Low Income
Housing Units and Moderate Income Housing Units within the Condominium Housing
Area, City agrees that it will make a good faith effort to insure the timely
issuance of building permits to Applicant and the timely processing of maps for
Salt Creek I-
ll. Phasina for Low and Moderate Income Housina Units. As a matter of
economic practicality, the parties recognize that all of Applicant's compliance
under the terms of this Agreement shall occur by the sale of units in the
Condominium Housing Area. It is the plan of Applicant to construct and sell
units in the Condominium Housing Area in various Phases, depending on market
absorption. The parties agree that the sale of Low and Moderate Income Housing
Units in various Phases shall occur as set forth below.
11.1 Phasina of Low Income Housina Units.
11.1.1 Phasino Schedule. Attached hereto as Schedule" 1·
is a phasing schedule ("Phasing Schedule") which sets forth the number of phases
in the Condominium Housing Area, the number of Low Income Housing Units which
Applicant intends to sell in each phase and which individual units in each phase
shall be sold as Low Income Housing Units. City acknowledges and agrees that it
may be necessary for Applicant to make changes in such Phasing Schedule. city
hereby delegates to the Director of Community Development the right and power-to
agree to any changes to such Phasing Schedule. Any changes to such Phasing
Schedule shall not require an amendment to this Agreement. The following
provisions shall be applicable to the phasing of units in the Condominium Housing
Area.
11.1. 2 ComDliance with Phasina Schedule. Applicant shall
use good faith efforts to design, construct, price and sell Low Income Housing
Units according to the Phasing Schedule.
11.1. 3 Modifications to PhasinQ Schedule. The Phasing
Schedule may be modified by Applicant from time to time provided that any such
modifications are approved in advance in writing by City's Community Development
Director, in such person's reasonable discretion. In addition, the parties
acknowledge and agree that if any unit which is designated in the Phasing
Schedule as a Low Income Housing Unit is not sold at least thirty (30) days after
the issuance of a certificate of completion then (a) Applicant shall be released
from its obligation of selling such unit as a Low Income Housing Unit within such
Phase and (b) the Phasing Schedule shall be modified such that Applicant shall
designate a Low Income Housing Unit in the next Phase in which no Low Income
Housing Units have been designated. Notwithstanding any modifications to the
Phasing Schedule as provided in this Section, the parties agree that in no event
shall the number of Low Income Housing Units in anyone Phase exceed twenty
percent (20%) of the total number of units in such Phase ("Maximum Threshold") .
11.2 Phasina of Moderate Income Housina Units. Applicant and City
agree that Applicant shall use good faith efforts to sell thirty percent (30%)
of the total units to be sold in each Phase as Moderate Income Housing Units.
11.3 Phase 5 Meetino. If, as of the date which is ninety (90) days
prior to the first sale of a Unit in the fifth Phase, Applicant has not sold all
of the Low and Moderate Income Housing Units which Applicant is obligated to sell
under this Agreement, then, at least ten (10) days prior to the first sale of a
unit in the fifth Phase, Applicant and City shall meet in good faith to evaluate
the Marketing Plan and to make any adjustments or modifications in the Marketing
Plan or any of the other requirements and obligations of this Agreement as may
be warranted.
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 7
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12. Release.
12.1 Release of Units. city shall release units located in the
Condominium Housing Area from this Agreement and the burden of the covenants set
forth herein upon the satisfaction of any of the conditions set forth below.
12.1.1 If (a) Applicant enters into an agreement to sell
a unit to a Low or Moderate Income Purchaser which, pursuant to the sales
agreement, will be sold in compliance with this Agreement, and (b) Applicant pays
the Per Unit Subsidy to City at the close of escrow, if required, then City shall
release such unit from this Agreement concurrently with the close of escrow for
such unit.
12.1.2 If (a) Applicant enters into an agreement to sell a unit
to a purchaser who is not a Low or Moderate Income Purchaser, (b) sufficient
units remain available to satisfy Applicant's obligations under this Agreement
in the Condominium Housing Area, and (c) Applicant pays the Per Unit Subsidy to
city at the close of escrow, then City shall release such unit from this
Agreement concurrently with the close of escrow for such unit.
12.1.3 If, after thirty (30) days after the issuance of a
certificate of completion by the City, Applicant, despite its good faith efforts,
is unable to sell the Dwelling Unit to a Low Income Household or a Moderate
Income Household, City shall release such Dwelling Unit from this Agreement.
12.1.4 If Applicant has reached the Maximum Threshold for Low
Income Housing Units in each remaining Phase pursuant to Section 11.1.3, City
shall release the Dwelling Units in excess of the Maximum Threshold from this
Agreement.
12.2 Procedures for Release. If City is obligated to release a unit
pursuant to Section 12.1 above, then Applicant may obtain the release by
delivering the following to city: (a) a written request indicating the unit to
be released, (b) if the release is requested pursuant to Section 12.1.1 or 12.1.2
above, a copy of the agreement evidencing the sale of the unit, (c) if the
release is requested pursuant to Section 12.1.2 above, evidence that there are
a sufficient number of units which remain available to satisfy Applicant· s
obligations under this Agreement, (d) if the release is requested pursuant to
Section 12.1.3, a copy of the certificate of completion, (e) if the release is
requested pursuant to Section 12.1.4 a statement from Applicant certifying that
the Maximum Threshold has been reached, (f) a Release of Property from Affordable
Housing Agreement in the form attached hereto as Exhibit "S" and incorporated
herein or a quitclaim or any other document acceptable to a title company to
remove this Agreement from title ("Release") to be executed by the Director of
Community Development, and (g) such additional documentation as Applicant and the
title company may reasonably require to effect the release. Within thirty (30)
days after City's receipt of such documents, the Director of Community
Development shall execute the Release and any other documentation reasonably
required to effect the release and return it to the escrow agent designated by
Applicant. The Release shall then be recorded by escrow agent in the Official
Records of the San Diego County Recorder's Office at the close of escrow for the
sale of the unit.
13. General Provisions.
13.1 Maintenance of Records. Applicant shall use reasonable efforts
to keep and maintain complete records of information that it receives in
connection with the application by individuals/households to become Low or
Moderate Income Purchasers and all information received from lenders regarding
the qualification of such individuals/households.
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page S
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13.2 Audit bv Citv. City shall have the right during normal
business hours and following reasonable prior written notice, to inspect the
records maintained by Applicant in connection with the fulfillment of Applicant's
obligations under this Agreement, subject to any privacy rights afforded to any
such purchasers.
13.3 Reliance bv At:>Dlicant. Applicant shall be entitled to
reasonably rely on information furnished to it and to lenders by Low and Moderate
Income Purchasers. Nothing in this Agreement shall be interpreted or construed
to require Applicant to perform any extraordinary investigation or verification
regarding such information, provided that Applicant and the lenders involved in
financing the sale of Low or Moderate Income Units employ usual and customary
means of information verification.
13.4 Notices. Unless otherwise provided herein, control and
administration of this Agreement shall be vested in the Director of Community
Development of City as to City's interest herein. Any communications relative
to the terms or conditions or any changes thereto or any notice or notices
provided for by this Agreement or by law to be given or served upon either party
hereunder may be given or served by personal delivery or by certified or
registered mail, deposited in the United States mail, postage prepaid and return
receipt requested, or by Federal Express or other similar overnight delivery
service and addressed to the party for whom intended, as follows:
To City at:
City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, California 9I910
Attn: Director of Community Development
To Applicant at:
FN Projects
c/o The Baldwin Company
11975 El Camino Real, Suite 200
San Diego, California 92130
Attn: Ms. Claudia Troisi
With a copy to:
First Nationwide Bank
Salt Creek I
9800 S. Sepulveda Blvd., Suite 202
Los Angeles, CA 90045
Attn: Rob Jepson
Any party hereto may from time to time, by written notice to the other, designate
a different address which shall be substituted for the one above specified.
Unless otherwise specifically provided for herein, all notices, payments, demands
or other communications given hereunder shall be in writing and shall be deemed
to have been duly given and received (1) upon personal delivery, or (i1) as of
the third business day after mailing by United States registered or certified
mail, return receipt requested, postage prepaid, addressed as set forth above,
or (iii) the immediately succeeding business day after deposit with Federal
Express or other equivalent overnight delivery system.
13.5 Gender: Number. The use herein of (i) the neuter gender
includes the masculine and the feminine and (ii) singular number includes the
fnl.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 9
/1 -/~ "
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OF THIS AGREEMENT BY SETTING THEIR SIGNATURE HEREINBELOW, AND BY DOING SO,
REPRESENT THAT THEY WERE AUTHORIZED BY THEIR PRINCIPAL TO EXECUTE THE AGREEMENT
ON BEHALF OF THEIR PRINCIPAL.
CITY:
Dated: THE CITY OF CHULA VISTA, a municipal corporation
By:
Tim Nader, Mayor
APPLICANT:
Dated: FN PROJECTS, a California corporation
By:
Its:
By:
Its:
APPROVED as to form and content.
Bruce M. Boogaard
City Attorney
fnl. wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 11
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plural, whenever the context so requires.
13.6 Modification. No modification, waiver, amendment, discharge or
change of this Agreement shall be valid unless the same is in writing and signed
by the party against which the enforcement of such modification, waiver,
amendment, discharge or change is or may be sought.
13.7 Attornevs' Fees. In the event either party shall institute any
action in connection with this Agreement, the prevailing party shall be entitled
to recover from the other party all of its costs of action, including without
limitation reasonable attorneys' fees.
13.8 Bindina on Successors. All terms of this Agreement shall be
binding upon, inure to the benefit of and be enforceable by the parties hereto
and their successors and assigns.
13.9 Entire Aareement. This Agreement contains the entire agreement
between the parties relating to the transactions contemplated hereby and all
prior and contemporaneous agreements, understandings, representations,
negotiations and statements, oral or written, are hereby superseded and merged
into this Agreement.
13.10 Burdens of Covenants Run with the Land. The parties agree that the
burden of the covenants herein contained touches and concerns the Condominium
Housing Area, and that it is the intent of the parties that such covenants shall
be binding upon, and run with, the land. The property which is benefitted by
such covenants shall be the property owned by City within City limits which is
located adjacent to Salt Creek I. Accordingly, the burden of such covenants shall
be binding upon and oblige the successors in interest to the Condominium Housing
Area regardless of express assumption thereof by future owners at least until the
covenants are performed or released according to the provisions hereof.
13.11 Remedies. Without limitation, City is authorized to exercise all
remedies, including all discretionary and ministerial governmental powers, in
order to obtain compliance with the terms of this Agreement. Applicant shall
also be entitled to exercise all available remedies in order to enforce the terms
of this Agreement.
13.12 Protection of Lenders. A breach by Applicant of any of its covenants
under this Agreement shall not defeat or render invalid the lien of any first
mortgage or first deed of trust made in good faith, without knowledge of the
breach and for value by any lender of funds for the construction or improvement
of the Property.
13.13 GoverninQ Law. This Agreement shall be governed by and construed
under the laws of the State of California. This Agreement shall be deemed made
and entered into in San Diego County.
13.14 Severabilitv. In the event that any phrase, clause, sentence,
paragraph, section, article or other portion of this Agreement shall become
illegal, null or void or against public policy, for any reason, or shall be held
by any court of competent jurisdiction to be illegal null or void or against
public policy, the remaining portions of this Agreement shall not be affected
thereby and shall remain in force and effect to the fullest extent permissible
by law.
13.15 CounterDarts. This Agreement may be executed in counterparts,
each of which, when taken together, shall constitute fully executed originals.
WHEREUPON THE PARTIES HERETO DO HEREBY INDICATE THEIR CONSENT TO THE TERMS
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 10
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Exhibit List
Exhibit 1. Phasing Schedule
fn1.wp FN Projects Affordable Housing Agreement
February 27, 1992 Page 12
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COUNCIL AGENDA STATEMENT
Item No.: -.J z A
Meeting Date: 3/3/92
ITEM TITLE: RESOLUTION l\øc;~ APPROVING THE AGREEMENT BE1WEEN
ESGIL CORPORATION AND THE CI1Y OF CHULA VISTA TO PROVIDE
PLAN CHECK ENGINEERING SER~
SUBIVll'rn£D BY: Director of Building and Housin
REVIEWED BY: City Manage~ (4/5ths Vote: Yes_ No-1LJ
BACKGROUND:
Approval of Resolution I'SS 6 will provide engineering technical support to the
Department of Building and Housing for plan review on projects which mandate greater
expertise in structural engineering due to complexity of the structural or building envelope
analysis. Staff diligently performed a comprehensive review of the six proposed vendors
responding to the Request for Proposals (RFP) to perform such engineering services for the
City. Esgil Corporation was selected as one of two firms b~ staff as being professionally
competent and competitive in their proposed rate structure. taff has had extensive contact
with Esgil CorporatIOn since 1987 and has concluded that their structural, mechanical and
electrical engineering capabilities are extremely competent, thus insuring the highest quality
plan check for our projects. This firm also provides comprehensive plan reviews for
compliance with all State of California Energy and Disabled Access Standards.
RECOMMENDATION:
That the City Council adopt the Resolution and authorize the Mayor to sign the agreement
with Esgil Corporation for plan review engineering services.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
This agreement provides the Department of Building and Housing with a necessary
resource of engineerin~ expertise for projects which require complex engineering analysis.
An example of a project of unique structural complexity would be the moment-space
framed system contained in the 250,000 square foot Rohr Office Building which was
designed by a team of structural engineers utilizing state-of-the-art computer aided design
and computer modeled programs. While the Department has three Plans Examiners on
staff, projects of this caliber are beyond staffs structural engineering capabilities. By
sending this project to the Esgil Corporation, their structural engineers were able to
precisely analyze the scope of the project's unique design and member connection schedule,
thus insuring a comprehensive plan review.
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The operation of utilizing an outside structural engineering plan review consultant for the
Department differs somewhat from that of a consultant hired to perform a specific task or a
specific project design for the Planning Department or for Public Works contracts. The
prime difference for our consultants is that they are involved on projects on a case-by-case
basis, determined by the Department which mandate necessary advanced engineering skills.
As such, a specific annual amount is difficult to assess due to unknown quantities of projects
which may require advanced structural review. During the course of the past five years, the
Department has dramatically reduced the number of projects sent out for consultant review.
This reduction is premised primarily upon the addition of a third Plans Examiner with
outstanding technical qualifications which has enabled staff to process a greater number of
projects internally.
The financial arrangements established ble the Department are such that projects requiring
an outside plan review pay a plan review ee which is placed into a specific Derosit Account.
Of this amount collected by staff for the plan review fee, only 80 percent 0 the collected
amount will be paid to Esgil Corporation. The remaining 20 percent is retained by the City
to recover administrative and processing costs.
Attached for your reference is a bar graph illustrating fees paid to our two engineering
consultants during the past five years and a one-page brief description of the consultant
services. This contract has been reviewed by the City Attorney and has approved its
content. Staff recommends approval of the contract through FY 92-93 due to the
competitive rates proposed by Esgil Corporation, the professional competence exhibited by
this engineering firm on their structural plan reviews and their continuous effort to interact
closely with our staff while working with design engineers on their submitted projects during
the plan review.
FISCAL IMPACT:
FY 91-92 - Not to exceed $25,000
FY 92-93 - Not to exceed $30,000
Staff believes that these proposed amounts will not be exceeded given the current projects
waiting for project submittal. For the balance of FY 91-92, $25,000 is proposed to offset a
current billing for the proposed Rohr, five-story parking structure of approximately $7,000
of engineerinl;\ services. While staff anticipates the Chula Vista Shopping Center expansion
as the most significant project submittal, it is believed that a resource reserve is necessary
should hrojects materialize outside of staffs anticipation. Funding source is an existing
establis ed Deposit Account with funds available.
FY 92-93 proposed amount of $30,000 is premised upon several proposed large projects,
the Rohr Office Tower, the Chula Vista Shopping Center expansion and the Olympic
Training Center. As previously indicated, revenue to fund this proposal is paid by the
applicant, with only 80 percent paid to the consultant for structural, mechanical and
electrical engineering services while the Department retains 20 percent for administrative
and processing costs.
KGL:yu
(N,IESOIL113.DOC)
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RESOLUTION NO. ("OS '3b
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH ESGIL
CORPORATION TO PROVIDE PLAN CHECK ENGINEERING
SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, it is necessary to provide engineering technical
support to the Department of Building and Housing for plan review
on projects which mandate greater expertise in structural
engineering due to the complexity of the structural or building
envelope analysis; and
WHEREAS, staff performed a comprehensive review of the
six proposed vendors responding to the Request for Proposals to
perform such engineering services for the City; and
WHEREAS, Esgil Corporation was selected as one of two
firms by staff as being professionally competent and competitive in
their proposed rate structure; and
WHEREAS, staff has had extensive contact with Esgil
Corporation since 1987 and has concluded that their structural,
mechanical and electrical engineering capabilities are extremely
competent, thus insuring the highest quality plan check for city
projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Agreement between
Esgil Corporation and the city of Chula vista to Provide Plan Check
Engineering Services, known as Document No. C092-32, a copy of
which is on file on the Office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by Approved as to form by
Kenneth G. Larsen, Director of D. ichard Rud SS1.stant
Building and Housing City Attorney
C:\rs\esgil
1 .A"3/11II-1
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DEPARTMENT OF BUILDING & HOUSING
PLANCHECK CONSULTANT FEES
.
17-1 =87 THROUGH 2-18-92 I
$250
.................................................. ......................................................................................
$200
Cñ
~ ~ $150 ......."".,,........................................................................
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g ~ $100
'=-
$50 ,.,......,..,..,.,,,,............................,.,.....................·...m......
$0 FY 87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92
$160,559 $206,081 $203,566 $38,829 $36,766
I ~ ESGIL CORP. II WILLDAN ASSOC. I
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CONSULTANTS/CONTRACTUAL SERVICES SURVEY .
Professional Consultant xx Contractual Service
-
Consultant Namel
Company Name I ESGIL CORPORATION
Address I 9320 CHESAPEAKE DRIVE, SUITE #208, SAN DIEGO, CA 92123
Vendor Numberl
Area of expertise I Structural, Mechanical and Electrical Plan Review Engineering
Services
City Staff with same or similar expertise 1 Department of Building and Housing
Plans Examiners (3)
Why hire consultant rather than using existing staff or hiring
staff with appropriate expertise? I Consultants are employed on projects
of unique structural, mechanical or electrical engineering applications. Degree
of complexity of structural or building analysis warrants outside engineering
expertise.
Department(s) work for: Building and Housing
Duties I
Work Type (ongoing, one time...)1 ongoing; as needed basis
Date, Originally Hired: 1987
Contract term(renewal dates): Fiscal year to fiscal year
Time remaining on Contract:
Hourly rate or payment schedule 1 Based on percentage of building project
valuation - does not exceed 80% of plan review fees collected by the City.
Amount paid FY 1990-91: $30,029
Amount anticipated for FY199l-921 Unknown (Factors are depended upon degree
of project complexity for future projects.)
FY 1991-92 budget for Consultant: Deposit Account - Does not impact
General Fund.
FY 1992-93 and beyond expectations for use: Same as FY 1991-1992
..
FY91 FY92
Funding Source for Contract:
General Fund Amountl (Deposit Account): Current balance, approx. $77,000
Redevelopment Amount:
Other
Attach pertinent information
Contract
Agenda Statement when Hired Consultant
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,
.
.
Agreement with
ESGIL CORPORATION
Plan Review Services
This Agreement is made this 15th day of October 1991 for the
purposes of reference only, and effective as of the date last
executed between the parties, between the city of Chula Vista
("CITY") herein, a municipal corporation of the State of
California, and ESGIL CORPORATION, a California Corporation, and is
made with reference to the following facts:
RECITALS
WHEREAS, CITY desires to employ the services of a contractor
to provide Building Inspection Department services involving
providing plan checking of proposed building construction plans;
and
WHEREAS, CITY desires to implement a high level of
professional and technical Building Inspection Department services
at a cost less than the fees paid by the permit applicants; and
WHEREAS, CITY does not wish to increase staff size where equal
or better services, can be provided at a lesser cost to the CITY by
using contractor services provided by the private sector; and
WHEREAS, CITY does not wish to risk having to fund deficits
incurred in the operation of the Building Inspection Department
during low periods of activity in the cyclical construction
industry; and
WHEREAS, CITY wishes to avoid conflict of interest problems by
contracting with a corporation that performs no work for the
private sector and provides services exclusively to government
entities; and
WHEREAS, CITY wishes to contract with a firm directed by
persons having experience and knowledge in the interpretation and
application of complex regulations providing for protection of the
public; and
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Esgil Corporation Page 2
Plan Check Services Agreement .
WHEREAS, CITY desires to contract with firm presently
successfully providing plan review services to Building Inspection
Departments; and
WHEREAS, CONTRACTOR'S founding directors are both registered
Professional Engineers in the state of California and they have
served fifteen and thirteen years, respectively, in high level
regulatory management positions in local government; and
WHEREAS, CONTRACTOR presently provide services to 66 cities
and counties in California, and
WHEREAS, CONTRACTOR is willing to enter into a contract with
the CITY to provide Building Inspection Department plan check
services to the CITY in accordance with this contract; and
WHEREAS, CONTRACTOR warrants and represents that they are
experienced and staffed a manner such that they are and can prepare
and deliver the services required of CONTRACTOR to CITY within the
time frames herein provided all in accordance with the terms and
conditions of this Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the CITY and CONTRACTOR do
hereby mutually agree as follows:
1. CONTRACTOR'S DUTIES
a. General Duties
CITY does hereby appoint ESGIL CORPORATION to provide
professional services for the review of proposed building
plans for conformance to regulations contained in the
state mandated building, plumbing, mechanical and
electrical codes, as those codes are amended by the CITY;
in state laws governing energy conserVation in buildings,
provisions for access to buildings by persons with
disabilities and provisions to attenuate noise in
buildings; to perform additional work when requested by
CITY; and to perform all of the described work in
accordance with the terms and conditions hereinafter set
forth.
b. Scope of Work to be performed by Contractor and Schedule
Plan Review Services Scope of Work
i. Perform traditional preliminary plan review
consultations in ESGIL CORPORATION'S main office by
meetings or by telephone.
ii. Perform traditional initial plan review of
submitted plans to determine compliance with CITY
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Esgil corporation Page 3
Plan Check Services Agreement '
adopted:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation;
Disabled Access; and Noise Attenuation)
iii. Provide the applicant's designee and the CITY, a
typed list of items needing clarification or change
to achieve conformance with the above regulations.
iv. Perform all necessary liaison with the applicant's
designee, either by telephone, mail or meeting in
ESGIL CORPORATION'S main office, and perform all
necessary rechecks to achieve conformance to the
regulations.
v. Perform all necessary liaison with the Building
Official or his designee, either by mail, telephone
or in Esgil Corporation's main office, to insure
compliance with U.B.C. sections 105 and 106 and to
insure compliance with local policy
interpretations.
vi. Perform plan reviews of revisions to plans that
have previously been approved for permit issuance,
or perform plan reviews of major changes to plans
prior to such approval, when such major changes are
not required to achieve code conformance.
vii. Attend meetings related to proposed building
projects at the request of the Building Official at
locations other than Esgil Corporation's Plan Check
Office.
c. Standard of Care
CONTRACTOR, in performing any Services under this
agreement, whether Defined Services or Additional
services, shall perform in a manner consistent with
that level of care and skill ordinarily exercised
by members of the profession currently practicing
under similar conditions and in similar locations.
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Plan Check Services Agreement .
d. Insurance
CONTRACTOR represents that it and its agents, staff
and CONTRACTORS employed by it are protected by
worker's compensation insurance and the CONTRACTOR
has the coverage under public liability and
property damage insurance policies which this
agreement requires to be demonstrated in the form
of a certificate of insurance.
All policies shall be issued by a carrier that has
a Best's Rating of "A, Class V", or better, or
shall meet with the approval of the CITY'S Risk
Manager.
The CITY shall be names as an additionally insured
on this policy. CONTRACTOR shall furnish a
certificate of said insurance to CITY prior to
commencing any work.
CONTRACTOR shall obtain and maintain a policy of
Errors and omissions insurance from an insurance
company authorized to be in business in the state
of California, in an insurable amount no less than
one million dollars ($1,000,000) combined single
limit. This insurance shall be in force during the
life of this agreement and the insurer shall agree
to provide the CITY with thirty (30) days Notice of
Cancellation change in the policy.
e. Service Level Goals
the CONTRACTOR agrees to provide adequate resources
to achieve the following service delivery goals for
timely performance of the work over which the
CONTRACTOR has decision authority.
ITEM SERVICE GOAL
A. Buildings less than A. Complete initial
four stories and plan review in
of normal complexity. fifteen work days
or less.
B. Buildings four or more B. As agreed by the
stories in height or CITY'S Chief
of unusual complexity. Building Official
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Esgil Corporation Page 5
Plan Check Services Agreement .
and CONTRAcr'OR.
f. Work Day Definition
For the purpose of measuring performance, the work
days specified in Paragraph VI exclude the day
plans were received and include the day a plan
review has been completed. Work days do not
include Saturdays, Sundays, or CITY holidays.
g. contractor Performance Documentation
The CONTRACTOR shall note on the initial plan check
correspondence:
A. The day of the week and the date the plans
were received;
B. the day of the week and the date the initial
plan check was completed;
C. The day of the week and date the applicant's
designee was notified the initial plan check
was completed; and
D. the calculated number of work days to complete
the initial plan check.
h. Freedom From Liability ..
The CONTRACTOR and CONTRACTOR staff, when
performing duties as representative of the CITY,
shall have the freedom from liability contained in
section 202, of the 1988 Edition of the Uniform
Building code.
L Final Decision Authority
The CITY'S Chief Building Official shall have final
decision authority over the results of the plan
check by the CONTRACTOR and all work performed by
the CONTRACTOR and all work performed by the
CONTRACTOR shall be to the satisfaction of the
Chief Building Official.
2. Work To Be Performed By The CITY
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Plan Check services Agreement .
a. The CITY shall perform the following work:
i. Arrange and pay the cost of shipping one set of
plans and documents to the CONTRACTOR'S office in
San Diego or such other location as the CONTRACTOR
may designate in writing.
ii. Obtain from the applicant, at the time of the
project submittal, the necessary items to allow
plan checking to be completed in the shortest
overall time frame. Necessary items include, but
are not limited to, complete plans, construction
specifications, designated contact person and
similar items that may be unique to a particular
project.
iii. Provide the valuation for the proposed construction
or instruct the CONTRACTOR to calculate the
valuation in accordance with section 2(b)i.
iv. Provide the CONTRACTOR with copies of any CITY
ordinances that modify the regulations listed in
1 (b) ii.
v. collect sufficient plan check fees or deposits from
project applicants to ensure the CITY will not
suffer a loss if the applicant decides to abandon
the permit process after the CONTRACTOR has
completed the initial plan check.
vi. CITY shall regularly consult the CONTRACTOR for the
purpose of reviewing the progress of the Work Plan
and to provide direction and guidance to achieve
the objectives of the project. The CITY shall
permit access to its office facilities, files and
records by CONTRACTOR throughout the term of the
Contract.
b. Compensation For Plan Review Services
i. Compensation for each plan reviewed under Section
l(b) ii shall be 80% of the Plan Review Fee
calculated per section 304 of the latest published
edition of the Uniform Building Code for each
building plan checked. The construction valuation
shall be based on the most recent valuation
multiplier published by the International
Conference of Building Officials in Building
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Esgil corporation Page 7
Plan Check services Agreement .
Standards or on the architect's cost estimate,
whichever is greater.
The value to be used in computing the building
permit and building plan review fees shall be the
total value of all construction work. Construction
work shall include all items listed in UBC Section
304 (b)
Not withstanding the above, the minimum CONTRACTOR
fee for any proposed project shall be one hundred
dollars ($100.00).
Plan check fee for repetitive identical buildings
shall be 80% of the plan check fee as noted above
for the first, or basic building, and 20% of the
plan check fee as noted above for each additional
building.
ii. Compensation under section l(b)-vi shall be
calculated either the same as 2(b)i, or shall be
based on Esgil Corporation's current labor rates
schedule. The method to be used will be at the
discretion of Esgil Corporation.
Hi. Compensation for work performed under 1(b)vii shall
be based on the attached Labor Rates Schedule
(Attachment A) as modified each January 1 and July
1st.
iv. The CONTRACTOR shall submit on the first work day
of each month his invoice for initial plan reviews
performed during the prior month. Payment of
approved items on the invoice shall be mailed to
the CONTRACTOR prior to the twenty-fifth (25th) day
of each month the invoice was submitted. Payments
not made within the above time frame shall, when
paid, be increased one and on-half percent per
month, or portion of a month, for each month the
payment was delayed.
c. Reductions in Scope of Work
i. CITY may from time to time reduce the Scope of work
by the CONTRACTOR to be performed under this
Agreement. CITY and CONTRACTOR agree to meet in
good faith· and confer for the purpose of
negotiating a corresponding reduction in the Fee
associated with said reduction.
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Esgil corporation Page 8
Plan Check Services Agreement .
d. Extra Work
L The CONTRACTOR shall not perform extra work
without written authorization from the Chief
Building Official.
3. ADMINISTRATION OF CONTRACT
i. The CITY hereby designates the Director of Building
and Housing or his written designee, as its
representative for the review and administration of
the work performed by CONTRACTOR herein required.
4 . TERMS
A. Either party may terminate this agreement, with or
without cause, by providing thirty (30) days written
notice to the other party. This Agreement should become
effective upon execution as authorized by the CITY
Manager or Mayor of Chula vista, and shall terminate, if
not terminated pursuant to other provisions contained
herein, or otherwise extended by all parties, on June 3D,
1993.
i. The CITY shall indemnify and hold harmless Esgil
and its agents and employees from and against all
claims, damages, losses and expenses, including
attorneys' fees, arising out of or resulting from
this contract provided that any such claim, damage,
loss or expense is caused by any negligent act,
error, or omission of the CITY, its employees,
officials or agents.
The CONTRACTOR shall indemnify arid hold harmless
the CITY and its agents and employees from and
against all claims, damages, losses and expenses,
including attorneys' fees, arising out of or
resulting from this contract provided that any
such claims, damage, loss or expense is caused by
a negligent act, error or omission of the contractor,
its employees or agents.
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Esgil Corporation
Plan Check services Agreement Page 9
S. Conflict of Interest
The CONTRACTOR expressly affirms that neither the
CONTRACTOR corporation or any of its officers or
directors will perform work or provide services to
entities other than government entities during the
time this agreement is in force in order to ensure
the CITY that the CONTRACTOR will not have a
conflict of interest in discharging the work
covered by this agreement.
5. INDEPENDENT CONTRACTOR
CITY is interested only in the results obtained and
CONTRACTOR shall perform as an independent
contractor with sole control of the manner and
means of performing the services required under
this Agreement. CITY maintains the right only to
reject or accept CONTRACTOR'S work products.
CONTRACTOR and any of the CONTRACTOR'S agents,
employees or representatives are, for all purposes
under this Agreement, an independent contractor and
shall not be deemed to be an employee of CITY, and
none of them shall be entitled to any benefits to
which CITY employees are entitled including but not
limited to, overtime, retirement benefits, workers
compensation benefits, injury leave or other leave
benefits.
6. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES
No suit or arbitration shall be brought arising out
of this agreement, against the CITY unless a claim
has first been presented in writing and filed with
the City of Chula Vista and acted upon by the city
of Chula Vista in accordance with the procedures
set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated
by this reference as if fully set forth herein, and
such policies and procedures used by the CITY in
the implementation of same.
Upon request by CITY, CONTRACTOR shall meet and
confer in good faith with CITY for the purpose of
resolving any dispute over the terms of this
Agreement.
'7. ATTORNEY'S FEES
Should that dispute result in 1i tigation, it is
agree that the prevailing party shall be entitled
to recover all reasonable costs incurred in the
defense of the claim, including costs and
attorney's fees.
1.2.4.. )$
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Esgil corporation
Plan Check services Agreement Page 10
8. RESPONSIBLE CHARGE
CONTRACTOR hereby designates that Richard Esqate
shall be CONTRACTOR'S representative ("Project
Manager") to the project for the duration of the
project. No substitution for this position shall
be allowed without written approval from the CITY.
9. MISCELLANEOUS
a. CONTRACTOR not authorized to Represent CITY.
Unless specifically authorized in writing by CITY,
CONTRACTOR shall have no authority to act as CITY'S
agent to bind CITY to any contractual agreements
whatsoever.
b. Notices
All notices, demands or requests provided for or
permitted to be given pursuant to this Agreement
must be in writing. All notices, demands and
request to be sent to any party shall be deemed to
have been properly given or served if personally
served or deposited in the United States mail,
addressed to such party, postage prepaid,
registered or certified, with return receipt
requested, at the addresses identified adjacent to
the signatures of the parties represented.
c. Entire Agreement
This Agreement, together with any other written
document referred to or contemplated herein, embody
the entire Agreement and understanding between the
parties relating to the subj ect matter hereof.
Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except
by an instrument in writing executed by the party
against which enforcement of such amendment, waiver
or discharge is sought.
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Esgil corporation Page 11
Plan Check Services Agreement
d. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal
authority and capacity and direction from its
principal to enter into this agreement; that all
resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
e. Governing Law/Venue
This Agreement shall be governed by and construed
in accordance with the laws of the State of
California. any actio arising under or relating to
this Agreement shall be brought only the federal or
state courts located in San Diego County, State of
California, and if applicable, the city of Chula
Vista, CA or as close thereto as possible. Venue
for this Agreement, and performance hereunder,
shall be the city of Chula Vista.
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Esgil Corporation Page 12
Plan Check services Agreement ,.
Signature Page
to
Agreement with
ESGIL CORPORATION
for
Plan Review Services
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement this day of 1991-
CITY OF CHULA VISTA
By:
,
Tim Nader
Mayor, city of Chula Vista
276 fourth Avenue
Chula Vista, California 91910
Attest:
Beverly Authelet,
City Clerk
Bruce M. Boogaar ,
City Attorney
By: "'0' ;/?i:: :d
'Richard~mes Esgat , President
320 Chesap ake Drive, Suite 208
San Diego, California 92123
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· ESGIL CORPORATION
9320 CHESAPEAKE DR.. SUITE 208
SAN DIEGO. CA 92123
(819) 580-1488
LABOR RATES SCHEDULE*
(EFFECTIVE JANUARY 1, 1992)
REGULAR PREFERRED
CLASSIFICATION RATE RATE
Division Manager $157.50 $118.65
Structural Engineer, S.E. 173.25 130.20
Civil, Electrical, R.C.E. 115.50 87.15
Mechanical Engineer, M.E. 115.50 87.15
Electrical Engineer, E.E. 115.50 87.15
Energy Plans Examiner, C.B.C.I 115.50 87.15
I.C.B.O. Plans Examiner 98.70 74.55
Supervising Building Inspector 105.00 78.75
Building Inspector 89.25 67.20
Permit Specialist 80.85 60.90
Word Processing 55.65 42.00
Clerical Support 37.80 28.35
Corporate Attorney 280.35 210.00
NOTES: *Hourly
1. Regular Rates apply where jurisdictions only utilize Esgil
Corporation's services occasionally. Regular Rates will be
increased 100% for expert witness instances, based on an average
estimate of one hour of preparation for each hour of testimony.
2. Preferred rates apply to the following:
Clients where Esgil Corporation, by contract, performs all
multiple residential, industrial and commercial plan checking or
provides all of the Building Inspection Services or provides
staff on other than a short term intermittent basis.
3. The percentage increase stated in certain existing contracts need
not be applied to the hourly rates.
4. The rates do not include expenses resulting from transportation,
meals, lodging and similar costs when Esgil Corporation is
providing services outside the greater San Diego County area.
5. Esgil staff normal work days are Monday thru Friday. Field
inspection or office work on Saturdays, Sundays or City holidays,
will be performed only at the specific request of the Building
Official. Billings for work performed on Saturdays, Sundays or
City holidays shall be at 1-1/2 times the rates shown above and a
minimum of 4 hours if the person worked 4 hours or less and a
minimum of 8 hours if the person worked more than 4 hours.
(Rates are revised each January and July; maximum 5% increase when
rates are revised) I.2A--Itt¡
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COUNCIL AGENDA STATEMENT
Item No.: 1l,ß
Meeting Date: 3/3/92
ITEM TITLE: RESOLUTION Ir.IS ~ I APPROVING THE AGREEMENT BE1WEEN
WILLDAN ASSOCIATES AND THE CITY OF CHULA VISTA TO PROVIDE
PLAN CHECK ENGINEERING SE~
SUBMITIED BY: Director of Building and Hous' ~ L-
REVIEWED BY: CityManager~ (4/5ths Vote: Yes_ No~
BACKGROUND:
Approval of Resolution 11.5"31 will provide to the Department of Building and
Housing with plan review on projects which mandate greater expertise in structural
engineering due to complexity of the structural or building envelope analysis. Staff diligently
performed a comprehensive review of proposed vendors reS80nding to the Request for
Proposals (RFP) to perform such engineering services for the ity. Willdan Associates was
selected as one of two firms by staff as being professionally competent and competitive in
their proposed rate structure. Staff has utilized Willdan Associates on projects requiring
extensive analysis on Post-Tension Concrete slabs which, due to recent trends in litigation,
are becoming commonplace for project design teams to incorporate into the structural
framework of the building. Due to Willdan Associates' strong expertise in the field of
Post-Tension Concrete slabs and beams, the Department has benefitted greatly with their
comretent engineering abilities in this highly specialized field. On projects requiring a
specIalized review of the concrete framework which were sent to Willdan Associates for
structural analysis, staff has also determined that they provide similar professional expertise
on items involving mechanical and fire protection engineering.
RECOMMENDATION:
That the City Council adopt the Resolution and authorize the Mayor to sign the agreement
with Willdan Associates for plan review engineering services.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
This agreement will provide the Department of Building and Housin~ with an instrumental
resource of specialized engineering expertise. The advancement of ost-Tension Concrete
slabs as a measure to counteract expansive soil characteristics is becoming commonplace
among several residential and commercial builders. Since 1989, the Department has
observed a trend to where approximately 10 percent of all projects would incorporate such a
structural system to an average of 60 percent of all structures utilizing Post-Tension
Concrete systems. Staff has exercised two options to date, that being on those of higher
structural design properties would be sent to Willdan Associates due to their specialized
expertise in this area, and those requiring a lesser degree of structural analysis would remain
for staff review. Unfortunately, staff has reviewed only approximately 10 percent of all
Post-Tension Concrete project applications.
17.6 -(
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-2-
As stated in the companion Agenda Statement, the operation of utilizing an outside
structural engineering plan review consultant differs somewhat from that of a consultant
hired to perform a specific task or a specific project design. The prime difference is that the
consultant is involved on projects on a case-by-case basis, determined by the Defartment to
mandate necessary advanced engineering skills. As such, a specific annua amount is
difficult to assess due to unknown quantities of projects requiring advanced structural
review. During the course of the past five years, the D1hartment has dramatically reduced
the number of projects sent out for consultant review. is reduction is premised upon the
addition of a third Plans Examiner with outstanding technical qualifications.
The financial arrangements for Post-Tension Concrete slab systems structural analysis is
based on services t::rformed on an hourly basis, rather than based on percentage of total
plan review fees. us, the cost for service is funded by the applicant at time of plan check
submittal. Willdan Associates also performs full review of building plan review services at
the rate of 80 percent of Elan check fees collected with the City retaining 20 percent for
administrative costs. The epartment has exercised Willdan Associates on projects for both
specialized Post-Tension analysis and full project plan review on such projects.
Attached for your reference is a bar graph illustrating fees paid to our engineering
consultants during the past five years and a one-page brief description of the consultant
services. This contract has been reviewed by the City Attorney and has approved its
content. Staff recommends approval of the contract through FY 92-93 due to the
competitive rates proposed by Willdan Associates, the professional competence exhibited
by this engineering fIrm on their structural plan reviews and their continuous effort to
interact closely with our staff while working with design engineers on their submitted
projects during the plan review.
FISCAL IMPACT:
FY 91-92 - Not to exceed $10,000
FY 92-93 - Not to exceed $20,000
Staff believes that these proposed amounts will not be exceeded given the current projects
waiting for project submittal. For the balance of FY 91-92, $10,000 is proposed to offset a
current billing of approximately $3,000 for the Salvation Army structure on Third Avenue
which inc~orated a complex structural foundation system to sUflPort the mid-rise
structure. hile staff does not anticipate a major foundation system desIgn in the upcoming
months, it is still likely that residential Post-Tension Concrete slabs on larger residential
structures will be submitted. It is not anticipated that such structures will generate more
than $5,000. As previously stated, all funds are placed in a Deposit Account which currently
has funds available.
FY 92-93 proposed amount of $20,000 is premised upon an expectation of projects
mandating structural review on Post-Tension Concrete systems. Staff will also exercise
Willdan Associates on full plan reviews as necessary when such systems involving complex
structural analysis of the Post-Tension system extends to the full building envelope and fire
protection system. As noted previously, these amounts are intended as maximum amounts
as staff ascertains that it is unable to specifically request amounts due to the uncertainty of
which projects may require an outside structural review.
KGL:yu
(N:\WILLAtl3.IX>C)
/2d·2..
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RESOLUTION NO. /Ios ~ I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT WITH
WILLDAN ASSOCIATES TO PROVIDE PLAN CHECK
ENGINEERING SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, it is necessary to provide engineering technical
support to the Department of Building and Housing for plan review
on projects which mandate greater expertise in structural
engineering due to the complexity of the structural or building
envelope analysis; and
WHEREAS, staff performed a comprehensive review of the
six proposed vendors responding to the Request for Proposals to
perform such engineering services for the city; and
WHEREAS, Willdan Associates was selected as one of two
firms by staff as being professionally competent and competitive in
their proposed rate structure; and
WHEREAS, staff has utilized willdan on projects requiring
extensive analysis on Post-Tension Concrete slabs which, due to
recent trends in litigation, are becoming commonplace for project
design teams to incorporate into the structural framework of the
building; and
WHEREAS, due to willdan Associates' strong expertise in
the field of Post-Tension Concrete slabs and beams, Building and
Housing has benefitted greatly with their competent engineering
abilities in this highly specialized field.
NOW, THEREFORE, BE IT RESOLVED that the city council of
the city of Chula vista does hereby approve an Agreement between
willdan Associates and the city of Chula vista to Provide Plan
Check Engineering Services, known as Document No. C092-33, a copy
of which is on file on the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
Rvl-.A
Kenneth G. Larsen, Director of D. Richard Rudol
Building and Housing city Attorney
C:\rs\Willdan
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DEPARTMENT OF BUILDING & HOUSING
PLANCHECK CONSUl..TANT FI;~S
17-1-87 THROUGH 2-18-921
$250
...................................."..."......, ................."................"..........,.,..,.....................·.n.....·..
$200
-
~ ~ $150 "..,.........................,........................................,......."..,..
:5 í1š
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g ,g $100
t::..
$50
$0 FY 87-88 FY 88-89 FY 89'=90 FY 90-91 FY 91-92
$160,559 $206,081 $20.3,566 $38,829 $36,766
I ~ ESGIL CORP. 1><1 WILLDAN ASSOC. I
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CONSULTANTS/CONTRACTUAL SERVICES SURVEY .
Professional Consultant xx Contractual Service
-
Consultant Namel
Company Name I WILLDAN AND ASSOCIATES
Address I 6363 GREENWICH DRIVE, SUITE #250. SAN DIEGO. CA 92122-3939
Vendor Number I
Area of expertise I Structural, Mechanical and Electrical Plan Review
Engineering Services
City Staff with same or similar expertise I Department of Building and Housing
Plans Examiners (3)
Why hire consultant rather than using existing staff or hiring
staff with appropriate expertise? I Consultants are employed on projects
of unique structural, mechanical or electrical engineering applications. Degree
of complexity of structural or building analysis warrants outside engineering
expertise.
Department(s) work fori Building and Housing
Duties I
Work Type (ongoing, one time...)1 ongoing; as needed basis
Date Originally Hiredl 1990
Contract term(renewal dates)1 Fiscal year to fiscal year
Time remaining on Contract I
Hourly rate or payment schedulel Based on percentage of building project
valuation - Does not exceed 80% of plan review fees collected by the City.
Amount paid FY 1990-911 $8,800
Amount anticipated for FY1991-921 Unknown (Factors are depended upon degree
of project complexity for future projects.)
FY 1991-92 budget for Consultant 1 Deposit Account - Does not impact
General Fund.
FY 1992-93 and beyond expectations for usel Same as FY 1991-1992
FY91 FY92
Funding Source for Contract 1
General Fund Amountl (Deposit Account): Current balance, approx. $?7.000
Redevelopment Amountl
Other
Attach pertinent information
Contract
Agenda Statement when Hired Consultant
Il~"~
_._.__.__._~_...._.
_......~...._-,.
Agreement with
WILLDAN ASSOCIATES
for PLAN CHECK SERVICES
lHIS AGREEMENT, is made this day of for the
purposes of reference only, and effective as of the date last executed between the
parties, by and between the City of Chula Vista, a municipal corporation located in the
County of San Diego, State of California, hereinafter referred to as "CITY" and
Willdan Associates, a California corporation with principal offices at 6363 Greenwich
Drive, Suite 250, San Diego, CA 92122, hereinafter referred to as "ENGINEER", and
is made with reference to the following facts:
,
RECITALS
WHEREAS, CITY has the need for building plan review services; and
WHEREAS, CITY desires to contract for such services with a private consultant;
and
WHEREAS, CITY wishes to retain ENGINEER for the performance of said
services; and
WHEREAS, ENGINEER represents that it is experienced and staffed in a
manner such that it can deliver the services required of the consultant to the CITY
within the time frames herein provided, all in accordance with the terms and conditions
of this Agreement; and
NOW, lHEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
CITY ,::fn-- --1 1- .L - - .L '<; _ . ~ .L· .....~·,.~-SBt Cede Eeeti8!1 36595, ~
does hereby appoint ENGINEER, in a contractual capacity, to perform the following
services in accordance with the terms and conditions hereinafter set forth; with the
authorities, responsibilities and consideration ordinarily granted to an officer of the
CITY.
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Willdan Associates Page 2
Plan Check Services Contract
I ENGINEER'S DUTIES:
a. General Duties:
1. BUILDING PLAN REVIEW SERVICES:
ENGINEER shall, upon request of the CITY, review plans for
compliance with the CITY'S Building, Plumbing, Mechanical and
Electrical Codes and other pertinent CITY and State regulations
falling within the purview of the Building Official. Employees of
ENGINEER shall have the power and duties of the plan reviewer
of the CITY when performing such work.
Under UBC Section 202, the Building Official is directed to
~ perform certain tasks as described in the UBC. When acting in
accordance with Section 202, the Building Official is afforded
certain protection from liability. As CITY's authorized representa-
tive, ENGINEER shall be deemed to have the same right to
protection from liability to the maximum extent allowed by law.
This section is not intended and shall not operate to in any way
increase CITY's liability or decrease its lawful immunity from
liability.
2. STRUCfURAL PLAN REVIEW SERVICES:
ENGINEER shall, upon request of the CITY, review plans for
compliance with only the engineering (structural) regulations of the
CITY's Building Code and other structural engineering related
CITY and State regulations falling within the purview of the
Building Official. Employees of ENGINEER shall have the
powers and duties of the plan reviewer of the CITY when perform-
ing such work.
3. OTHER MISCELLANEOUS SERVICES:
CITY may from time-to-time have the need for other services not
specifically listed in this agreement for which ENGINEER has the
necessary experience and capabilities to provide. CITY may
authorize ENGINEER to perform such selected services on an as-
needed basis.
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Willdan Associates Page 3
Plan Check Services Contract
4. COUECI10N OF FEE:
H fees are collected by the CITY, and if requested by the CITY,
ENGINEER shall review the appropriate ordinances and fee
schedules in effect by the CITY and shall provide to the persons
designated by the CITY for collection of fees, the amount of such
fees to be collected.
b. SCQpe Of Work To Be Performed By En~neer:
1. Perform traditional preliminary plan review consultations in
Willdan Associates' main office by meetings or by telephone.
2. Perform traditional initial plan review of submitted plans to
, determine compliance with CITY adopted:
Uniform Building Code
Uniform Plumbing Code
Uniform Mechanical Code
National Electrical Code
California State, Title 24 (Energy Conservation; Disabled Access;
and Noise Attenuation)
3. Provide the applicant's designee and the CITY, a typed list of
items needing clarification or change to achieve conformance with
the above regulations.
4. Perform all necessary liaison with the applicant's designee, either
by telephone, mail or meeting in Willdan Associates' main office,
and perform all necessary rechecks to achieve conformance to the
regulations.
5. Perform all necessary liaison with the Building Official or his
designee, either by mail, telephone or in Willdan Associates' main
office, to insure compliance with U.B.C. Sections 105 and 106 and
to insure compliance with local policy interpretations.
6. Perform plan reviews of revisions to plans that have previously
been approved for permit issuance, or perform plan reviews of
major changes to plans prior to such approval, when such major
changes are not required to achieve code conformance.
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Willdan Associates Page 4
Plan Check Services Contract
7. Attend meetings related to proposed building projects at the
request of the Building Official at locations other than Willdan
Associates' plan check office.
8. The ENGINEER agrees to provide adequate resources to achieve
the following service delivery goals for timely performance of the
work over which the ENGINEER has decision authority.
ITEM SERVICE GOAL
Buildings less than Complete initial plan
four stories and review in fifteen work
of normal complexity. days or less.
~ Buildings four or more As agreed by the CITY'S
stories in height or Chief Building Official
of unusual complexity. and ENGINEER.
9. For the purposes of measuring performance. the work days
specified in the paragraph above exclude the day plans were
received and include the day a plan review has been completed.
Work days do not include Saturdays, Sundays, or CITY holidays.
10. The ENGINEER shall note on the initial plan check correspon-
dence:
A The day of the week and the date the plans were received;
B. The day of the week and the date the initial plan check was
completed;
C. The day of the week and date the applicant's designee was
notified the initial plan check was completed; and
D. The calculated number of work days to complete the initial
plan check.
II. FINAL DECISION AUTIlORITY:
The CITY'S Chief Building Official shall have final decision
authority over the results of the plan check by the ENGINEER
and all work performed by the ENGINEER shall be to the
satisfaction of the Chief Building Official.
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Willdan Associates Page 5
Plan Check Services Contract
In instances where the permit applicant takes exception to the
ENGINEER'S interpretation of the regulations contained in Title
24, the Building Official shall render a final decision utilizing, as
deemed appropriate, the resources of the crrY Attorney and/or
the Board of Appeals.
c. Standard of Care:
ENGINEER, in performing any Services under this agreement, whether
Defined Services or Additional Services, shall perform such Services in a
manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions
and in similar locations.
" d. Insurance:
ENGINEER shall maintain in force at its own cost and expense at all
times during the performance of this Agreement (except as noted under
Professional liability Insurance) the following policy or policies of
insurance:
1. Worker's Compensation and Employer's liability Insurance as
prescribed by applicable law.
2. Comprehensive General liability Insurance (bodily injury and
property damage), the limits of which shall not be less than one
million dollars ($1,000,000) combined single limit per occurrence
and annual aggregate.
3. Automobile bodily injury and property damage liability insurance,
the limits of which shall not be less than one million dollars
($1,000,000) combined single limit per occurrence. Such insurance
shall extend to owned, non-owned and hired automobiles used by
ENGINEER'S employees, agents or assigns in the performance of
this contract.
4. Design Professional liability Insurance covering negligent acts,
errors or omissions of ENGINEER, the limits of which shall not
be less than one million dollars ($1,000,000) per occurrence and
annual aggregate.
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Willdan Associates Page 6
Plan Check Services Contract
5. Each insurance policy required by this Agreement, excepring
policies for Workers' Compensation/Employers' liability and
Professional liability, shall name the CITY, its officials and
employees as additional insureds, and be primary and in excess of
any coverages carried by the CITY.
Prior to commencement of any work under this Agreement,
ENGINEER shall deliver to the CITY insurance certificates
confirming the existence of the insurance required by this Agree-
ment, indicaring policy expiration dates and including the applica-
ble provisions referenced above.
All policies, except Design Professional liability Insurance, shall
be issued by a carrier that has a Best's Rating of "A, Class V" or
. better, or shall meet with the approval or the CITY'S Risk
Manager. Design Professional liability Insurance shall be issued
by a carrier that has a Best's Raring of "B+ :VIII" or better.
II DUTIES OF TIlE CITY:
a. Consultation and Coo,peration:
CITY shall regularly consult the ENGINEER for the purpose of
reviewing the progress of the work plan and to provide direction and
guidance to achieve the objectives of the project. The CITY shall permit
access to its office facilities, files and records by ENGINEER throughout
the term of the Agreement
b. Compensation for Plan Review Services:
The compensation hereinafter presented is predicated upon the assump-
tion that the CITY will maintain an adequate and current fee structure.
The compensation to ENGINEER for the services rendered shall be as
follows:
1. For services provided under Sections la.1 and la.2 the ENGINEER
shall be compensated in an amount equal to the percentage of the
plan check fee as shoW1l¡lÙ1 the Table below. Such fee shall be
established by using the most recent edition of the Uniform
Building Code (UBC) and be based on building valuations
recommended by the San Diego Area Chapter of the International
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Willdan Associates Page 7
Plan Check Services Contract
Conference of Building Officials (ICBO). For the percentage
method, the minimum plan check fee shall be $150.00.
Type of Percentage of
Service UBC Plan Review Fee
Full Service 80
Structural Only 50
2. For services provided under Sections la.l and Ia.2 such as prechec-
king incomplete plans, special meetings required by the CITY, plan
checks of addendum or changes to previously approved plans, for
project rechecks after the third recheck (when approved by the
Building Official) and for specially assigned services not specifically
covered herein, ENGINEER shall be compensated at the then
current hourly rates, per Exhibit "A" or as it may be adjusted
annually each July 1.
3. For services provided under Section Ia.3 or for specially assigned
services not specifically covered herein, ENGINEER shall be
compensated at the then current hourly rates, per Exhibit" A", or
as such rates may be adjusted each July 1. In the case of expedited
plan reviews requested by the CITY, ENGINEER shall be
compensated on a negotiated fixed fee amount.
4. ENGINEER shall invoice CITY for services rendered and CITY
shall pay ENGINEER as soon thereafter as CITY's regular
procedures provide.
c. Reductions in Scope of Work:
CITY may from time to time reduce the Scope of Work by the ENGI-
NEER to be performed under this Agreement. CITY and ENGINEER
agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the Fee associated with said reduction.
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Willdan Associates Page 8
Plan Check Services Contract
d. Additional SCQpe of Work:
In addition to performing the Defined Services herein set forth, CITY
may require ENGINEER to perform additional consulting services related
to the General Duties and Scope of Work ("Addiûonal Services"), and
upon doing so in writing, ENGINEER shall perform same on a time and
materials basis at the rates set forth on Exhibit" A". All compensation for
Additional Services shall be paid monthly by CITY as billed by ENGI-
NEER.
III ADMINISTRATION OF CONTRACf:
The CITY hereby designates the Director of Building and Housing, or his
written designee, as its representative for the review and administration of the
_ work performed by ENGINEER herein required.
IV FINANCIAL IN1ERESTS OF ENGINEER:
ENGINEER shall provide no services for any private client for projects located
within the corporate boundaries of CITY during the period that this Agreement
is in effect which projects would be subject to review or approval by the CITY.
V HOLD HARMT FSS: .
ENGINEER shall indemnify and hold harmless the CITY, its elected and
appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising
out of the negligence or willful misconduct of the ENGINEER, or any of its
employees or subcontractors in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the
negligence or willful conduct of the CITY, its officers or employees.
ENGINEER's indemnificaûon shall include any and all costs, expenses,
attorneys' fees and liability incurred by the CITY, its officers or employees in
defending against such claims, whether the same proceed to judgement or not.
ENGINEER'S indemnification of CITY shall not be limited by any prior or
subsequent declaration by the ENGINEER.
CITY shall save, keep, hold harmless and indemnify ENGINEER from all
damages suffered in the performance of the work authorized by this Agreement
that are not the result of wrongful acts of the ENGINEER, its officers,
employees or subcontractors.
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Plan Check Services Contract
VI lERMINATION OF AGREEMENT:
This Agreement may be terminated at will by either party with or without cause
upon 30 days written notice. In the event of such termination, ENGINEER shall
be compensated for such services up to the point of termination. Such
compensation for work in progress shall be pro-rated as to the percentage of
work completed at the date of termination.
VII ASSIGNABILITY:
The services of ENGINEER are personal to the CITY, and ENGINEER shall
not assign any interest in this Agreement, and shall not transfer any interest in
the same (whether by assignment or novation), without prior written consent of
CITY which CITY may reasonably deny.
VIII OWNERSHIP. PUBLICATION. REPRODUCTION & USE OF MAlERIAL:
All reports, studies, information data statistics, forms designs, plans, procedures,
systems and any other materials or properties produced under this Agreement
shall be the sole and exclusive property of CITY. No such materials or
properties produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by ENGINEER in the United States
or in any other country without the express written consent of CITY. CITY shall
have unrestricted authority to publish, disclose as may be limited by provisions
of Public Records Act, distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
All documents, including but not limited to plans and specifications, prepared by
ENGINEER are instruments of services, only. They are not intended nor
represented to be suitable for reuse on extensions of this project or any other
project. Any reuse without specific permission by ENGINEER shall be at the
user's sole risk. CITY hereto agrees to save, keep and hold hannless ENGI-
NEER from all damages, cost or expenses in law and equity including costs of
suit and attorney's fees resulting form such reuse.
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Plan Check Services Contract
IX INDEPENDENT CONTRACfOR:
CITY is interested only in the results obtained and ENGINEER shall perform
as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. CITY maintains the
right only to reject or accept ENGINEER'S work projects. ENGINEER and
any of the ENGINEER'S agents, employees or representatives are, for all
purposes under this Agreement, an independent contractor and none of them
shall be entitled to any benefits to which CITY employees are entitled including
but not limited to~ overtime, retirement benefits, workers compensation benefits,
injury leave or other leave benefits. This provision is not intended to impair or
diminish any governmental immunities that ENGINEER may have in performing
the duties herein provided.
X RESPONSIBT.R CHARGE:
.'
ENGINEER hereby designates that Gordon Murdoch shall be ENGINEER'S
representative ("Project Manager") for the duration of the Agreement. No
substitution for this position shall be allowed without written approval from the
CITY. Notwithstanding the foregoing, Gordon Murdoch may designate such
deputies as he deems appropriate to assist him in the performance of this
Agreement.
XI ADMINISTRATION CLAIMS REOUIREMENTS AND PROCEDURES:
No suit or arbitration shall be brought arising out of this Agreement, against
CITY unless a claim has first been presented in writing and filed with the City
of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used
by the CITY in the implementation of same.
Upon request by CITY, ENGINEER shall meet and confer in good faith with
CITY for the purpose of resolving any dispute over the terms of this Agreement.
XII ATIORNEY'S FEES:
Should a dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of the claim,
including costs of attorney's fees.
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Plan Check Services Contract
XIII MISCP.T T ANEOUS:
a. ENGINEER Not Authorized To Represent CITY:
Unless specifically authorized in writing by CITY, ENGINEER shall have
no authority to act as CITY'S agent to bind CITY to any contractual
agreements whatsoever.
b. Notices:
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any party shall be deemed to have been properly
given or served if personally served or deposited in the United States
J Mail, addressed to such party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified adjacent to the
signatures of the parties represented.
c. Entire A¡reement:
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding
between the parties relating to the subject matter hereof. Neither this
Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is
sought.
d. ~acity of Parties:
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement; that all resolutions or other actions
have been taken so as to enable it to enter into this Agreement.
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Plan Check Services Contract
e. Governin¡ Law/Venue:
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any action arising under or relating
to this Agreement shall be brought only in the federal or state courts
located in San Diego County, State of California, and ü applicable, the
City of Cbula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
f. The rides used in this Agreement are for general reference only and are
not a part of the Agreement.
g. This Agreement shall be interpreted as though prepared by both parties.
~ h. Any provision of the Agreement held to violate any law shall not
invalidate the remainder of this Agreement.
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Plan Check Services Contract
Signature Page
to
Agreement with
WIllJ)AN ASSOCIATES
for Plan Check Services
IN WITNESS WHEREOF, CITY and ENGINEER have executed this Agreement this
day of , 1991.
CITY OF CHULA VISTA
By:
Tim Nader
- Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attest:
Beverly Authelet,
City Clerk
Bruce M. Boogaard,
City Attorney
WILlDAN ASSOCIATES
By:
Richard K. Jacobs
6363 Greenwich Drive, Suite 250
San Diego, California 92122-3939
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EXHIBIT A
WILLDAN ASSOCIATES
SCHEDULE OF FEES
FOR PROFESSIONAL BUILDING AND SAFE'IY SERVICES
July 1, 1991 - June 30, 1992
CLASSIFICATION RATE PER HOUR
Division Manager $113.00
Supervising Plan Check Engineer 98.00
Plan Check Engineer 82.00
~ Supervisor, Building Inspection 73.00
Building Plans Examiner 70.00
Building Inspector 63.00
Permit Specialist 45.00
Consultation in connection with litigation and court appearances will be quoted
separately.
The above schedule is for straight time. Overtime will be charged at 1.25 times the
standard hourly rates. Sundays and holidays will be charged at 1.70 times the
standard hourly rates.
Additional billing classifications may be added to the above listing during the year as
new positions are created.
It should be noted that the foregoing wage rates are effective through June 30, 1992.
The rates may be adjusted after that date to compensate for labor adjustments
and other increases in labor costs.
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COtJNC:IL AGENDA STATEMENT
Item 15
Meeting Date: 2/25/92
:Item Title: Public Hearing Concerning the
Comprehensive Housing
Affordability strategy
Report Describing the
Comprehensive Housing
Affordability strategy
(CHAS)
G ~,
Submitted By: community Development Director .
aeviewed By: ci ty Manageß/
(4/5ths Vote: Yes_ No-X )
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding from the Department of Housing
and Urban Development to submit a Comprehensive Housing
Affordability strategy (CHAS). The CHAS is a planning document
which identifies the City's housing needs and outlines a strategy
to meet these needs.
Recommendation: That the City Council open the public hearing
and take public comment regarding the City's Draft Comprehensive
Housing Affordability strategy.
Boards/Commissions Recommendation: The Housing Advisory
Committee and the Commission on Aging will be reviewing the draft
CHAS prior to returning the CHAS to the city council for final
adoption.
Discussion:
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding assistance under most programs
administered by the Department of Housing and Urban Development
(HUD) to submit a Comprehensive Housing Affordability strategy
(CHAS) to HUD for approval. The full CHAS is submitted to HUD
every five years, but the CHAS is updated annually with a One
Year Action Plan.
The CHAS is a comprehensive planning document that identifies the
city's overall needs for affordable and supportive housing and
outlines ~ strategy to address these needs. The National
Affordable Housing Act requires the City's CHAS to contain
elements which describe the city's housing needs and market
conditions, sets out a five year strategy which establishes
\ ~. \
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priorities for meeting these needs, identifies resources
anticipated to be available for the development of housing, and
establishes an investment plan that outlines the planned uses of
resources.
The Act also requires an extensive citizen participation which
mandates a sixty day public comment period as well as a public
hearing before the jurisdiction's legislative body. When the
public comment period ends on April 15, 1992, the summary of
citizen comments will be prepared, and staff will submit the
CRAS to the City Council for adoption prior to submission to HUD.
The City's Draft CRAS identifies the following housing
priorities:
1- Preserve Castle Park Garden Apartments, Palomar Apartments,
Rancho vista Apartments, and Oxford Terrace Apartments
because they are "at-risk" of converting to market rate
rentals;
2. continue the city's housing rehabilitation program entitled
the Community Housing Improvement Program (CHIP);
3. continue to implement the City's Affordable Housing Program;
4. Assist low, moderate, and middle income residents to purchase
a home;
5. Develop a transitional housing shelter;
6. continue to support non-profit corporations to develop
affordable housing;
7. continue to assist mobile home park residents who are faced
with rent increases and park closures;
8. continue to work with the San Diego County Housing Authority
to provide public housing in Chula Vista; and,
9. continue to utilize CDBG funds for supportive services for
residents with special needs.
As you are probably aware, the City is required by the State of
California to have a Housing Element as a part of the city's
General Plan. The Housing Element has been presented to you in
this meeting's agenda packet. Staff coordinated the current
development of the City's Housing Element with the development of
the CRAS. Goals and priorities are parallel.
PISCAL IMPACT: Not applicable.
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DRAFT
CITY OF CHULA VISTA
Comprehensive Housing Affordability Strategy
Fiscal Years 1992-1996
.
Portions of the Community Profi~e section
Prepared for the city of Chula vista
by the San Diego Association of Governments
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Comprehensive Housing u.s. Department of Housing ~
and Urban Development
Affordability Strategy Office of Community Planning ,r
(CHAS) and Development
Name of Jurisdiction(s) or Consortium: ~
City of Chula Vista
Conrad Person: Telephone Number:
Alisa Duffe Ro ers (619) 691-5047
Address:
276 Fourth Avenue
Chula Vista, CA 91910
Type of (mark one)
Submission: [jiJ New Five Year CHAS For Fiscal Year 1992 through Fiscal Year 1996
o Annual Update' For Fiscal Year
(mark one)
]] Initial Submission
o Resubmission
o ..
Amendment
. If an Annual Update, mark one:
o Parts 4 (Resources) & 5 (Implementation) Only
o Parts 4 & 5, plus minor changes: (mark all those Wh:ch apply)
Part 1 - Needs Assessment o Narrative 0 Tables
Part 2 - Market & Inventory Conditions o Narrative 0 Tables
Part 3 - Strategies o Narrative 0 Tables
.. For all amendments. specify the nature of t~e amendment below and attach amended portions to this cover sheet
Jurisdiction HUD Approval
Name of Authorized Official: Name of Authorized Offiåaf:
--
Tim Nader, Mayor
Signature & Date: Signature & Date: -
X X
fonn HUD-40090 (9/91)
/)-1
COMPREHENSIVE HOUSING AFFORDABILlTY STRATEGY (CHASI
Table of Contents
Summary of CHAS Development Process
Introduction 3
Section I. Community Profile
Part 1. Needs Assessment 4
Table 1 A 15
Table 1 B 20
Part 2. Market and Inventory Conditions 25
Table 2A 37
Table 2B 38
Table 2C 39
Section II. Five Year Strategy
.
Part 1. Priorities/Programs 40
.
Table 3 48
Part 2. Available Resources 49
Part 3. Organization Capacity and Roles 51
Part 4. Barriers to Affordable Housing 54
Section III. One Year Action Plan
Part 1. Resources 63
Table 4/5A 64
Part 2. One Year Action Plan
for Fiscal Year 1991-1992 68
Table 5 70
Monitoring Plan 73
Certifications .
Summary of Citizen Comments
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Introduction
The National Affordable Housing Act of 1990 requires all
jurisdictions applying for funding assistance under certain
programs administered by the Department of Housing and Urban
Development (HUD) to submit a Comprehensive Housing
Affordability strategy (CRAS) to HUD for approval. A full
CRAS is submitted to HUD every five years, but the CRAS is
updated on a yearly basis.
The CRAS is a comprehensive planning document that
identifies the city's overall needs for affordable and
supportive housing and outlines a strategy to address these
needs. The Act requires the City's CRAS to contain elements
which describes the City's housing needs and market
conditions, sets out a five-year strategy which establishes
priorities for meeting these needs, identifies resources
anticipated to be available for the development of housing,
and establishes an investment plan that outlines the planned
uses of the resources.
.
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SECTION I. COMMUNITY PROFILE
PART 1. NEEDS ASSESSMENT
This part ,summarizes available data on the most
significant current housing needs of very low income,
other low income and moderate income families and
projects those needs over the five-year CHAS period.
This part also summarizes the most significant current
supportive housing needs of homeless persons and other
persons with special needs.
A. Housing Assistance Needs
1. Current estimates. Table lA, "Housing Assistance
Needs of Low and Moderate Income Households,"
provides data, updated to October 1, 1991, for the
City of Chula vista on housing needs of households of
very low income (0 to 50 percent of median income),
other low income (51 to 80 percent of median income),
and moderate income (81 to 95 percent of median
income). The data is further analyzed by household
characteristics: elderly, small and large family,
non-elderly.
Using this information, 47 percent (10,586
households) of the total number of renter households
in the City of Chula vista are low income. Of this
total, 7,199 households are very low income and
3,387 are other low income. A significant number of
these households are experiencing cost burdens in
terms of housing costs. Of the low income
households, 65 percent (6,922 households) are small
family households of 2 to 4 related persons.
According to the 1990 Census, of the City's renter
households, 3,399 or 15.2 percent live in overcrowded
conditions. This percentage applied to low income
renter households would result in 1,609 households.
"Overcrowded" is defined as a housing unit containing
more than 1.01 persons per room.
The San Diego County Housing Authority estimates the
number of low income households that meet Federal
preferences for priority admission to rental
assistance programs is 75 percent. Preference
households include unassisted very low income renter
households who pay more than half of their income for
rent, those living in seriously substandard housing
such as homeless people, or those households that
have been involuntarily displaced.
There are 1,887 households currently receiving
housing assistance in the City through HUD-
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administered programs, including section 8
vouchers/certificates, public housing, Section 202,
and section 236. An additional 934 households are
assisted through California Housing Finance Agency
(CHFA) .
The housing needs of the elderly and persons with
disabilities not requiring supportive services
require architectural design features that
accommodate those with physical disabilities, access
to health care, grocery stores/pharmacies, and a
convenient, economical means of transportation.
Location, planning and design of these facilities
should facilitate social communication and
independence.
2. Five-vear proiections. During the next five years as
part of its regional share, the city of Chula vista
is expected to need 1,428 new housing units for lower
income households, of which 821 are very low income
and 607 are low income housing units. In accordance
with state law, regional share identifies the need
for new housing units by jurisdiction and distributes
that need to all income groups. These are: very low
whose income does not exceed 50 percent of regional
median, low whose income is between 50 percent and 80
percent of the regional median, moderate whose income
is between 80 and 120 percent of the regional median,
and above moderate whose income exceeds 120 percent
of regional median.
Foreseeable changes in housing needs that may result
from those employed or expected to be employed in the
City, but not currently residing there, are
incorporated into the San Diego Association of
Government's (SANDAG) regional share calculation.
Foreseeable changes therefore would be reflected in
the City's total regional share of the 3,569 housing
units for the time frame of this CRAS.
As calculated by SANDAG, the City of Chula vista is
expected to assist 1,058 low income households during
the next five years as part of its fair share. Fair
share calculations utilize both the existing need and
the projected need based on growth. Housing units for
low income families, built to meet regional share
goals, are but one means of meeting fair share goals.
.
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B. Supportive Housing Needs of Homeless Persons
1. Current estimates. Table IB, "Homeless Population--
Totals," provides the 1990 Census data on the
homeless in the City of Chula vista. It shows a
total count of 14 homeless persons. However, the
Regional Task Force on the Homeless prepared a report
for the South Bay sUb-region which includes National
City, Chula vista, Imperial Beach and a portion of
San Diego, and the report stated the number of
homeless to be between 135-200 on any given night.
Unfortunately, the report did not divide the City's
homeless population into specific categories such as
families, youth, single adults or elderly.
Therefore, for the most part, the City is forced to
use regionally accepted percentages for these categories.
The San Diego Regional Task Force on the Homeless
estimates that there are approximately 5,600 urban
homeless persons in San Diego County, of which 1,600
sleep in emergency shelters.
The Regional Task Force on the Homeless estimates that
families account for approximately 33 percent of the
homeless population in the region. Although the
exact number of homeless families is unavailable, the
estimate of 33 percent would result in 5 persons in
families in the City if the census figures are used.
These families tend to be resident homeless families or
transient, intact families headed by a single parent,
usually the female.
The homeless youth population includes both runaway
and throwaway youth. Regionally, homeless youth
account for approximately 25 percent of the urban
homeless population. This translates to 4 youths in
Chula vista. Many of these youth, about 20 percent
of the 25 percent, are within the family units
described above. The balance, about 6 percent of the
25 percent, are teenagers on their own.
Unfortunately, the census figures on the
number of homeless youth do not give an accurate
picture of the number of homeless youth in Chula
vista. South Bay Community Services (SBCS) reports
that they consistently shelter eight youths in their
homeless youth facility, Casa Nuestra. In addition,
the shelter turns away at least ten youths per month.
The youth in their facility are 70% homeless and 30%
runaways. Also, in the Street Outreach Program run by
SBCS, their counselors reach approximately 150 youths
per year.
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Determining the number of homeless in Chula vista is
difficult. However, the estimates provided by the
Regional Task Force on the Homeless and South Bay
Community Services are probably the best approximations
available since these organizations specialize in the
problems of the homeless.
Adults account for approximately 75 percent, or 11,
of the urban homeless. This homeless category
includes families and single adults. The majority of
single adults are young males seeking employment.
Approximately 40 percent of urban single-homeless men
are veterans, about 25 percent of the single adults
are female, and 5 percent are elderly.
It is estimated that 33 percent of the single-
homeless-adult population suffer from severe and
persistent mental illness. Evidence indicates that
up to 50 percent of the County's homeless adult
population may be active substance abusers. Data is
currently unavailable regarding racial/ethnic status
of homeless, special needs by family type, and
special needs by sheltered and unsheltered status, as
noted in Table lC, Special Needs.
The facility and service needs of homeless families
and individuals are many and varied. These include
emergency shelter, transitional housing, social
services such as job counseling/training, mental
health services, and general health services.
Existing service agencies indicate that a growing
need exists for limited-term shelter or transitional
facilities for homeless individuals and families.
The special needs of the homeless who are mentally ill,
alcohol and drug abusers, victims of domestic violence,
and runaway and throwaway youth are group specific.
Mentally ill homeless persons require housing
supported by mental health care and counseling.
Alcohol and drug abusers require treatment facilities
and programs and medical and social support. victims
of domestic violence need shelter and social services
related to making the transition to independent
living. Runaway and rejected youths require
shelter and counseling and social services related to
reintegrating them with their families or enabling
them to live independently. For those homeless who
are dually diagnosed, i.e., mentally ill and
substance abuser, special treatment programs are
needed.
.
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The county Department of Health Services is
participating in two new projects directed at
assisting mentally ill homeless persons:
a. Stewart B. McKinney/MIMH Homeless Research
Demonstration Project: A three-year research
demonstration project targeting severely and
persistently mentally ill homeless persons.
Participants (360) are randomly assigned to one
of four conditions involving case management
services combined with various housing options.
b. Collaborative Transitional Housing Project: A
transitional, supported housing project for
homeless persons managing severe and persistent
mental illness and alcohol and/or drug abuse
problems.
2. At-risk population. The "at-risk" population are low
income families and individuals who, upon loss of
employment, would lose their housing and end up
residing in shelters or being homeless. Low income
families, especially those that earn less than 30
percent of the regional median income, are especially
at risk of becoming homeless. These families
generally are experiencing a cost burden of paying
more than 30 percent of their income for housing or,
more likely, a severe cost burden of paying more
than 50 percent of their income for housing. Based
on regional percentages reported in the 1987 American
Housing survey, there are an estimated 3,251 low
income renter households paying more than 50 percent
of their income on housing in the city of Chula
vista. These households are at risk of becoming
homeless.
But it is not only the very low income households
which are at risk. According to Lomas Mortgage USA,
San Diego is the second least affordable city in the
nation for housing. Sudden unemployment in a two-
income family can precipitate homelessness when there
is no cheaper housing available for the family.
Overall, Harvard University estimates that nationally
the average household is just four paychecks away
from being homeless.
The at-risk population also includes individuals who
are in imminent danger of residing in shelters or
being unsheltered because they lack access to
permanent housing and do not have adequate support
networks, such as a parental famil~or relatives
whose homes they could temporarily reside. These
individuals, especially those being released from
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penal, mental, or substance abuse facilities, require
social services that help them make the transition
back into society and remain off the streets. Needed
services include counseling, rental assistance, and
job training/assistance.
C. Supportive Housing Needs for others with special Needs
1. Current estimates. The following information was
gathered from a variety of sources. It is typically
regional in scope because of the lack of more
specific local data.
a. Elderlv and frail elderlY. Table 1A provides
data for the City on elderly households. It
shows that there are approximately 2,927 low
income elderly renter households. Based on
regional percentages, 43 percent of low
income elderly renter households áre estimated to
pay more than 50 percent of their income for
housing. The health and social needs of these
elderly persons are significantly impacted when
so much of their limited resources goes to
housing.
According to the San Diego County Area Agency on
Aging, the population over 65 years of age has
four main concerns:
(1) Income - People over 65 are usually retired
and living on a fixed income which is
typically half that of those under 65.
(2) Health Care - Because the elderly have a
higher rate of illness, easy access to health
care facilities is crucial.
(3) Transportation - Many seniors utilize public
transportation. However, 13.8 percent of
individuals age 65+ have a public
transportation disability which necessitates
the use of other modes of transportation.
(4) Housing - Of those over 65 years of age, 40
percent rent and 25 percent live alone
(Countywide figures).
These characteristics indicate the need for
smaller, low cost housing units which have easy
access to public transportation and health care
facilities. These factors should guide the
development of new housing for ~ow income elderly
households.
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The housing needs of the elderly include
supportive housing, such as intermediate care
facilities, group homes, Single Room Occupancy
(SRO) housing, and other housing that includes a
planned service component. Needed services
include personal care, housekeeping, meals,
personal emergency response, and transportation.
A social worker should assist the elderly
returning to the community from a health care
institution.
supportive services for households of the elderly
and frail elderly are provided, in part, by the
Area Agency on the Aging (AAA) in San Diego
county. The major goals of the AAA are to secure
maximum independence for the elderly, to prevent
unnecessary institutionalization, to reduce
isolation and loneliness, to improve health and
well being, to assist the vulnerable or frail
elderly, and to ensure quality of life in long-
term care facilities.
The AAA services include meals at senior centers,
meals to homebound seniors, legal assistance, in-
home support adult day care, transportation, and
part-time employment. These are made available
through contracts with service providers. The
AAA also offers services through an Information
and Referral Program and a Long-Term Care
Ombudsman Program. Case management services
include a Multi-purpose Senior Services Program,
the Linkages Program, a Management and Assessment
of Social and Health needs program, and an AIDS
waiver Program.
In addition to the services provided by AAA, the
City of Chula vista operates the Norman Park
Senior Center which provides social and recreational
activities. Information and Referral Services,
Meals on Wheels, Shared Housing Services
legal services, and In Home Supportive Services are
also based in the Center.
b. Persons with physical disabilities. Based on the
SANDAG factor of 7 percent of the total
population having a disability, it is estimated
that there are 4,782 households with a physical
disability in the City of Chula vista. This
segment of the population is increasing due to
lower death rates and higher longevity rates
resulting from advances in medicine. The special
needs required for housing physically disabled
individuals include not only affordability but
also special construction features to provide for
-10- )]---15
-'---'
access and use according to the particular
disability of the occupant. The location of
housing for disabled people is also important
because many such households need access to a
variety of social services and to other
specialized services throughout the County.
In addition to the housing needs of physically
disabled persons described above, there should be
support services designed to meet the needs of
the particular individual. A social worker
should assist persons returning to the community
from a health care institution.
The city of Chula vista provides CDBG funds to the
Community Service Center for the Disabled. The Center
provides a whole range of activities for the disabled.
c. Persons with mental illness.
The following section provides conservative
estimates of need based on the California
Department of Mental Health standard that one to
two percent of persons in the general population
suffer a serious mental illness. There are an
estimated 1,998 adults who suffer from serious
and persistent mental illness, based on the
city's 1990 Census adult population of 99,922.
Among persons who suffer from serious and
persistent mental illness, there is a substantial
need for stable, decent housing.
The lack of access to this basic need often leads
to mentally ill persons being homeless, near-
homeless, or living in unstable and/or
substandard housing situations. It is estimated
by the Regional Task Force on the Homeless that
one-third of persons who are homeless also suffer
from serious and persistent mental illness.
Based on 1990 Census figures, this represents 5
persons in the City. An estimated 50 percent of
the homeless mentally ill also have substance
abuse problems. In the City of Chula vista, this
translates to 7 persons. The major barrier to
stable, decent housing for the seriously mentally
ill is the availability of affordable housing. A
substantial majority of persons in this
population depend solely on Social Security
Insurance payments of approximately $600 per
month. Based on federal housing standards,
affordable rent payments should be slightly over
$200. Relative to their incom~, few persons in
this population can afford rental housing on the
open market.
-11- /3-)1
-----"
Of those persons living in the urban San Diego
County area who are being served by San Diego
County Mental Health Services (SDMHS),
approximately 80 percent of clients have an
annual income of $12,000 or less -- an income
below the $13,600 maximum annual gross income for
the Section 8 program.
d. Persons with developmental disabilities. Area
Board XIII, the advocacy organization for
developmentally disabled persons in San Diego
County, states that 25,450 to 54,620
developmentally disabled persons reside in San
Diego County. Historically, housing for
developmentally disabled persons in group
homes is cited in the Annual Program Development
Fund Needs Assessment.
However, the Department of Developmental Services
in Sacramento reports, in its recent study, that
there are 25,450 developmentally disabled adults
in San Diego County.
The San Diego County Regional Center (SDCRC)
prepares a Resource Development Plan annually
which is presented to the State Department of
Developmental Services. SDCRC's philosophy is
that all developmentally disabled adults who are
unable to live on their own should reside in
group homes with 6 or less persons or with their
families. SDCRC reports that in the past year there
were at least 49 developmentally disabled persons
whose housing needs were left unmet for six
months.
e. Persons with the HIV infection and with AIDS.
The following provides a rough estimate of
current and future housing assistance needs for
persons living in San Diego county with the HIV
infection, and with AIDS. These estimates are
based on assumptions rather than solid data. The
figures should be regarded as a "best guess"
given current knowledge, particularly when they
are broken down into small numbers by individual
jurisdictions.
Most available HIV/AIDS planning documents have
not attempted to estimate or project housing
needs. Several reports, however, have estimated
that 5 percent of all people with HIV infection
may need 90 days of temporary shelter during the
course of a year, and that 5 percent of persons
with AIDS need group home or long-term
-12- /'
/3/¿<-;'
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residential placement of up to 12 months.
Countv-wide Estimates. It is estimated that
there are nearly 30,000 persons with HIV
infection in San Diego County. Five percent of
that total would indicate that 1,450 to 1,500
people with HIV infection will need 90 days of
temporary shelter during 1991, that is 130,000 to
135,000 bed-days or a daily average of 350 to 370
beds. This number would still be within the
expected range for 1992-1995.
To estimate the number of people living with AIDS
in the County of San Diego, figures are
extrapolated from the State projections for 1991
and 1992. These assume a similar growth in
numbers of persons living with AIDS through 1995.
Estimates by Specific Jurisdictions. The only
basis to estimate distribution of HIV infection
and/or AIDS by jurisdiction within the County is
through zip code analysis of an individual's
place of residence at the time of their
diagnosis. Assumptions must then be made that
this distribution does not change over time, and
that HIV infection is distributed in the same
proportions as AIDS case reporting.
The percentage of cumulative case reporting in
the City of Chula Vista, as a percentage of the
regional total, is 2.26 percent. This translates
to 50 cases when applied to the County case total
of 2,211. This proportion of the County-wide
estimates is also applicable in terms of 90-day
shelter and long-term housing needs for 1991.
Long-term housing need estimates for those with
HIV should be increased 33 percent annually
through 1995.
f. Foster Children. The County Foster Care Program
is financed by the State of California. Under
this program, a licensed family may receive $350-
$500 a month for foster child. The averqge
number of monthly placements of foster children
rose to 6,283 in 1989-90 from 2,781 placements in
1984-85, an increase of 126 percent. There are
currently 6,283 children in foster care.
Inadequate housing for families seeking foster
care placement is not significant. The housing
needs of foster children are greatest when the
foster child reaches the age of-18 years and no
longer qualifies for State-funded foster care.
It is estimated that one-third of those currently
-13- /]/ J~
in foster care will become homeless when they
reach the age of 18 years.
According to the Child Services Division of the
County of San Diego Health Services Department,
rental assistance is the best way to prevent
homelessness among foster care children reaching
the age of 18 years. However, given the limited
funding and constraints involved with federally-
funded rental assistance programs, it is not
currently possible to target federal rental
assistance to this population.
g. Families ParticiDatina in Self-Sufficiencv
Proaram. The County Housing Authority (CHA)
estimates that between 1992-96, approximately 500
households currently on the federal section 8
Rental Assistance Program waiting lists would be
eligible to participate in a Housing Authority
self-sufficiency program. The CHA administers
the section 8 Rental Assistance Program in the
City of Chula vista through a cooperative
agreement with the CHA. The City could therefore
expect to have a certain number of eligible
households residing in the City. The exact
number is unknown due to the fact that this is a
tenant-based assistance program and thereby
allows for the mobility of participating
households. The Housing Authority is currently
formulating a self-sufficiency program to address
the federal legislation which mandates this
program in 1993.
.
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CHAS Tables 18 & 1 C u.s. Department o' Hauling and Urban o.v.ktpment
Office ot Communrry Ptanflfng and De~k)pm.nt
Homeless Population , . Comprehensive Housing Affordability Strategy (CHAS)
NItM or JunadtCDon(') or ConIorDurn: Mark one: fillOl v.., ~nocI: (~., "cat y.....
IXJ All Homele.. FY: rwoug. FY:
Chula Vista o RaciaVEthnic Group (Soooly
92 96
Table 18 !egO<)' otal Shetler"" Unlhellef8d
tAl (B) (C)
Totals . um ro ami ... wn
Children - NA
. A NA
2. Number'of Persons in
famili.. with Children 0 5,
3. umber 0 Individuals nOl
in Families w~h Children 9 0 9
4. olal ersonsllndividuals
(Line. 2+3) 14 0 14
Table 1C Humber of f.mili.. Wid') Chitorwn- Humber of Inå~duall
Special Needs Caregory SheI_ UnlhollOrod SheI...."" UnlhollOrod
(A) (B) (C) (D)
1. Mentally III
N/A 2. Drug Abuse
3. Alcohol Abu.e
". Victims of Domestc
Violence
5. Runaway/Abandoned
Youth
6. Otherc~"
* Induôt famil.. wi'lh hMd of houMhok:f or .pou" having .... cnaraaerilÓCIIiIIlfd.
.
-20-
I "J/cJ.;J form HU~OO~ (6I'.vg,
CHAS Tables 18 & 1 C u.s. DepartrMnt 0' Houllng and Urban o.y.~pm.n.
Offic:.e of Community Planning and O'...topm.nt
Homeless Population Comptehensive Housing Atfotdability Sttategy (CHAS)
NatM of JI..orttGlCOon(l) Of CoNortIum: Mttk one: FÍ¥t v.., Penoø; (WI., 6&ca1lra.J
DAn Homeress FY: .........ftFY:
Chu1a Vista liD RaciaJlEthnic Group ($ >tofy)
His anic 92 96
Table 18 logOI)' 0101 Shallered Unshelcer.d
(A) (8) (C)
Totals
.
2.
N/A
3.
4.
Table 1C Numb« of Fami6¡.. .,,.. Chitcnn- Numbo< of Indo"~".
SpecIal Needs ClItgOty _toro<l Unohel_rwd _"'0<1 Uns.hettered
(A) (8) (C) (0)
1. Mentally III
N/A 2. Drug Abuse
3. Alcohol Abu..
4. Victim. of Domestic
Vol. nee
5. Runaway/Abandoned
Youth
6. Othe«oooo'Y)
. Inc::IudI 'ami.. wi#1 hMd of houMhoId or _pau.. haYing ". characHri.tica h-.d.
'"
-21-
)'3~;2i torm HU~OO¡() (6I1L'91)
-"-'---
.
CHAS Tables 18 & 1 C u.s. Department of Houalng and Urban o.ftJopmenl
Office of Community PlaI'Il'Wng and O'...k)pm.nt
Homeless Population Comptehensive Housing Alfotdabilily Strategy (CHAS)
Name of JunsdtCllon(') or CoNOl1lUI'TI: Uark one: F",- v.., "-nod: C"" ,"*, yr'.J
o An Homeless FY: 0V0..ç_ FY:
00 RaciallEt/lnic GIDUp (Søool»
Chu¡,i Vista Black 92 96
Table 18 legOty 0,", sne/lOfoø UnSheltered
(A) (B) (C)
Totals 1. um~ro amI
Children -
.
2. Number of Persons in
N/A famili.s with Chi'd,.n
3. umber 01 Individuals not
in Families wrth Children
.. olal ersoll$llndividuals
(Lines 2+3)
Table 1C Number of F.mili.. WlIh CNIchn- Number of Inc*,-,'ÓJaI.
Special Needs CaIOgOry Shelwad Un_tared Shelteroø Unlholltrad
(A) (B) (C) (D)
1. Mantally III
N/A 2. Drug Abuse
3. Alcohol Abuse
.. Victims 01 Domeslic
Violence
5. Runaway/Abandoned
Youth
6, Othar(-,>Iy)
. Induót '."..¡'h.. wi1h hMd of houMhoId or 'POU" having the c:haraaeril~ 1i1-.c1
..
-22-
-
/' torm HUD-400~ (61'419')
/ '3 --- 2_7
,..-.-..-,
, . .
CHAS Tables 18 & 1 C u.s. Department of Hou.lng and Urbl" Development
Office of Communrty Plat'lnU'lg anet DewlOpmenf
Homeless Population , . Comprehensive Housing Alfotdabilily Sltalegy (CHAS)
Name of Junadløoncl) Of Con.onl/."': ...."'one: Fw. y..,. Penod: (Miff' "ca. rrt.)
o All Homolo.s FY: 0Y0ug^ FY:
~R~mncG~up~~
Chula Vista Asian/Other 92 96
Table 18 lOgOI)' 011I ShOllorld Un&neltet'8d
(A) (8) (C)
Totals 1. u~ro am, Ia, wit
Childron -
.
2. Number 01 Porsons in
N/A families willi Childron
3. Number of Individuals not
in FamiUos wilh Children
4. olal om>nsllndividuals
(Line. 2+3)
Table 1C Number 01 Fami... WI'" Chì~· Humber of lnâ'llduall
Special Needs CoIogOry ShoI..1d Unahol_r.d ShoIIorId U"~tered
(A) (e) (C) CD)
1. Monlally iii
N/A 2. Drug Abuse
3. Ala>hol Abu.o
4. VICtims of Domostc
Violonco
5. Runaway/Abandoned
Youth
6. Othor¡-"'Y)
. IndudIII lam".. wilh hMd of houMhdd or 'POU" t\aving ... c:harac:teriatic:a hlltd.
:
-23-
/']---2/ð toon HUD-400~ (61'4/9')
----
.' . . i
CHAS Tables 18 & 1 C u.s. Oepuunent of Hou.lng and Urban Development
Office of CommunIty Plat\n.ng and O'...lOpm.nl
Homeless Population ' Comprehensive Housing Aftotdability Strategy (CHAS)
Name of JuntGtc:Don(I) Of CoNottIIoIm: Mattt one: Fiw v.., Penocl: (."... Alell 1".)
o All Home'e., FY; """'-çnFY;
ŒI RaciaJlEthnic Group (5<>oafy
Chula Vista Nati e American 2 96
Table 18 IeQOty oral sn.llerld Un""'terod
(A) (B) (C)
Totals 1.
.
2.
N/A
3.
.. otal l/'SOns/lndivlduals
(Linls 2+3)
Table 1 C Numb« of Famili" wlI" Chik:tt9n- Number of Indr"''''aJI
SpecIal Needs CoIIgOty Sheltered Un_.rod Sheltored Una.heltervd
(A) (B) (C) (D)
1. Mentally III
N/A 2. Drug Abuse
3. Alcohol Abuse
.. Victims of Domlstic
VlOllncl
5. Aunowly/Abandonld
Youth
6. Othlr¡_1
. tnduót familie. wiU\ hMd or houHhokf Of.pau.. hamg ... d\atac:teri.~ 1i.'Mi.
,
-24-
/ J -.2 7 loon HU~OO¡O (611411>')
~_..,_._~'"
PART 2. MARKET AND INVENTORY CONDITIONS
This part summarizes local housing market and
inventory characteristics, including trends in
population, household formation and housing, as
well as information on the assisted housing and
public housing stock. It also summarizes the
facilities and services available for homeless
persons and other persons with special needs.
A. Housing Conditions
1. PODulation and Minoritv Data. Table 2A, "population
and Minority Data," provides 1990 U.S. Census data
for the City of Chula vista on the total population,
and the numbers classified as White (non-Hispanic),
Black (non-Hispanic) , Hispanic (all races), Native
American (non-Hispanic), Asian/pacific Islander and
Other (non-Hispanic). It provides similar
information from the 1980 U.S. Census.
The 1990 population totals 135,163 persons, of which
50 percent are White, 4 percent are Black, 37 percent
are Hispanic, less than 1 percent are Native
American, and 8 percent are Asian/Pacific Islanders
and other. Of the total 1990 population, 1 percent
or 1,726 persons lives in group quarters. Of these,
1,462 persons live in institutional quarters and 264
live in non-institutional quarters.
From 1980 to 1990, the percentage of whites decreased
from 68 to 50 percent. Hispanics registered the
greatest increase from 23 to 37 percent. Blacks and
Asian/Pacific Islanders and Other increased from 2 to
4 and 6 to 8 percent for the same time respectively.
Native Americans remained relatively constant as
percentages of total population.
a. Concentrations of low income households. For
purposes of this CHAS, a concentration of low
income households is defined as a census tract
where the number of low income households, as a
percent of all households, exceeds the regional
average of 38.4 percent. A high concentration is
defined as a census tract where the number of low
income households, as a percent of all
households, equals or exceeds double the regional
average or 76.8 percent.
Household income information is not yet available
from the 1990 Census. Therefore, 1990
SourcePoint income estimates we~e used to arrive
at current estimates of concentrations of low
income households. These are based on 1980
-25-
j]/;2'fš
"--"
census tracts. A small number of census tracts
overlap with neighboring jurisdictions.
There are thirteen low income concentrated census
tracts in the City (100.07, 101. 03, 123.02,
124.01, 124.02, 125, 126, 127, 130, 131.01,
131.02, 132.01, 132.02). There is one high
concentrated low income census tract (123.02) .
b. Concentrations of racial/ethnic minoritv
households. For purposes of this CRAS, a
concentration is defined as a census tract that
has a higher percentage of minority population
than the regional average. A moderate
concentration is defined as a census tract having
more than one and one-half times the regional
average of minority population. A severe
concentration is defined as a census tract having
more than two times the regional average.
According to the 1990 Census, the regional
population averages for racial/ethnic minority
groups were 6 percent Black (non-Hispanic), 7.4
percent Asian/Pacific Islander (non-Hispanic), .7
percent Native American (non-Hispanic), .1
percent Other (non-Hispanic) and 20.4 percent
Hispanic. Thus, the region's minority population
as a percent of total population is 34.6 percent.
Concentrated.
There are twenty-eight minority concentrated
census tracts (100.07, 101. 03, 123.02, 124.01,
124.02, 125, 126, 127, 128, 129, 130, 131.01,
131. 02, 132.01, 132.04, 132.03, 133.01, 133.02,
133.03, 133.04, 133.05, 134.01, 134.05, 134.06,
134.07, 134.08, 134.09) .
Moderatelv concentrated.
There are twelve minority moderately concentrated
census tracts (100.07, 101. 03, 125, 126, 131.01,
132.01, 132.03, 132.04, 133.02, 133.03, 133.04,
133.05) .
Severely concentrated.
There are three minority severely concentrated
census tracts (100.07, 101. 03, 132.04).
2. Housinq stock inventory. Table 2B, "Market and
Inventory Conditions--Housing stock'" Inventory,"
provides data for the City of Chula vista on the
total number of year-round housing units by occupancy
-26-
) '3 ~ol1
.----,
status and housing condition. Rehabilitation figures
were arrived at based on the City's 1988 HAP.
There are a total of 52,042 dwelling units, of which
96 percent are,occupied and 4 percent are vacant. Of
the 49,908 occupied units, 23,307, or 47 percent are
renter occupied. The remainder, 26,601, or 53
percent arè owner occupied units. Of the 2,096
vacant units, 973 are available for rent and 602 are
available for sale.
Of the total housing stock which is either occupied
or available for rent or sale, 2,437 units are
"needing rehab" and 184 units are not repairable".
The City uses section 8 Housing Quality Standards as
the basis for determining qualification for needing
rehab and not rehabbable.
Demand for all housing units, as measured by vacancy
rates, varies by community. According to the Department
of Finance (DOF), the vacancy rate on January 1, 1991
for the City was 4.0 percent, thus indicating a tight
rental market.
Siqnificant market and inventorv conditions.
According to Dataquick, the median resale housing
price for a single family detached house in the San
Diego region in June, 1991 was $183,000. The median
resale price for a single family detached house for
the city of Chula vista was $171,500 for the same
month. The California Association of Realtors
estimates that only 21 percent of all households in
the San Diego region could afford to buy the median
priced home in 1990.
The renter affordability gap, as defined by those low
income renter households experiencing a cost burden
or severe cost burden, is 6,396 and 3,251
respectively (see At Risk population discussion in
Part 1, B.2) .
Potential constraints upon the maintenance,
improvement, or development of housing are discussed
in two contexts: governmental and non-governmental.
Governmental constraints include Article 34 of the
California Constitution, land use controls, building
codes, site improvements, development fees, and
processing and permit procedures. These constraints
can be mitigated by the City through a variety of
means including: designation of large amounts of
land for all types of residential development,
development fee waivers for affordable housing, and
expeditious permit processing. In fact, as stated in
the city's Housing Element, the City has designated
-27- /3- JtJ
.. ..--
large amounts of land for all types of residential
development and provided for both expeditious permit
processing and parallel processing.
Non-governmental constraints include land costs,
construction costs, and financing. All three of
these costs tend to be determined at the regional,
state and National levels by a variety of private and
public factors. Local jurisdictions therefore, often
have little influence or control over these cost
constraints.
3. Assisted housinq inventorv. Table 2C, Assisted
Housing Inventory, provides data on housing stock by
federal assistance programs. Out of a total of 2,471
assisted units, there are 755 project-based tenant
assistance units and 1,716 tenant-based tenant
assistance units.
At-risk rental units. The City of Chula vista does
not anticipate the loss of rental housing from the
assisted housing inventory through public housing
demolition or conversion to homeownership during the
time frame of this CHAS. According to the California
Housing Partnership Corporation, the City presently
has five projects that could be classified as at-risk
of conversion to homeownership through prepayment or
voluntary termination of a Federally assisted
mortgage with the earliest possible termination date
in parentheses: Congregational Tower (1990) , Palomar
Apts. (1990) , Rancho vista Apts. (1991) , Castle Park
Garden Apts. (1991) , and Oxford Terrace (1992) .
The City does not anticipate a loss of these five rental
projects because the Redevelopment Agency of the City of
Chula vista is currently working to preserve these units.
4. Use of funds. Because of the factors cited above,
priority in the use of funds will go to the
preservation of at-risk rental units.
B. Inventory of Facilities and Services for Homeless Persons
The narrative for this section is reflective of the
homeless facilities and services currently operating in
the City of Chula vista. In addition, a listing of
regionwide shelters is provided.
1. Emerqencv shelters and transitional housinq
facilities.
South Bay Community Services, Inc. þrovides youths a
temporary shelter in licensed foster homes for up to
a 2-week stay.
-28- /3~;J /
_.~.._---,.
South Bay Community Services, Inc. also operates an
eight bed shelter for both homeless and runaway
youth.
The Inter-faith Emergency Shelter Program provides
twelve beds to homeless people during the months of
December to April. Twelve Chula vista churches
participate in the Program. The churches are allowed
this temporary use because the city council has
amended the Municipal Code.
The La Quinta Motel in Chula vista participates in a
nation-wide effort by the Motel Owners Association of
America who volunteer to provide up to 10% of their
rooms a year for the homeless. This program provides
28 free nights a year for up to three nights per
family unit. The La Quinta Motel consistently uses
its quota of rooms per year.
2. Dav shelters. soup kitchens and other facilities.
Chula vista Welfare Council provides emergency
assistance to individuals or families in need of food and
clothing.
South Bay Community Services, Inc. provides food and
clothing to homeless and runaway youth.
The Chula vista Human Services Center provides food
to the homeless.
Lutheran Social Services provides food to homeless
people in Chula vista.
The Good Neighbor Center provides food and clothing
to homeless individuals in Chula vista.
3. Voucher proqrams.
Lutheran Social Services, Project Hand, provides bus
tokens and gas vouchers.
Lutheran Social Services and the Good Neighbor Center
administer the South Bay Voucher Program. The
Program provides homeless families and some single
adults with vouchers for a two-week stay in selected
motels. During periods of shelter voucher
availability, an average of five single adults and
twenty-five family members can be found in the two
participating motels.
-
-29- /)~;J;¿'
4. Social service proqrams for the homeless.
a. Lutheran Social Services, Project Hand, provides,
through a caseworker supported by the city's
CDBG funds, emergency food, clothing,
financial assistance for medical prescriptions,
and information and referral to emergency
shelters.
b. South Bay Community Services, Inc. provides
youths alternate long-term placement planning,
ongoing support for the individual and/or family,
fpmily reunification services, counseling,
employment assistance, tutoring, and school
assistance.
5. Homeless prevention programs and services.
South Bay Community Services, Inc. provides crisis
intervention and counseling to youths and their
families who are experiencing problems that may lead
to the youth leaving home.
.
-30-
/3~}3
- ~-_.__.,..,
Shelters for the Homeless
in San Diego county
Program Type Bed Spaces
Central Region
Casa de Paz Case-Managed 30
Catholic Charities - House of Rachel Transitional 11
CWSS - Project Safehouse Case-Managed 9
Dust Off Transitional 18
Emmanuel House Night Shelter 8
Emmanuel House Night Shelter 15
*ECS - Capri Hotel Transitional 8
ECS - Julian's Anchorage Transitional 15
ECS - Transitional Housing Program Transitional 14
Forgotten in America Case-Managed 5
**ISN - PB/La Jolla Case-Managed (Oct-May) 12
ISN - Pt. Lorna case-Managed (Dec-Mar) 12
ISN - College Area Case-Managed (Nov-Jan) 12
ISN - Clairemont Case-Managed (Nov-Dec) 12
ISN - North Park Case-Managed (Jan-Mar) 12
ISN - Southeast Case-Managed (Feb-Mar) 12
ISN - wings Transitional 20
San Diego Co. Mental Health Svcs Case-Managed 34
st. vincent de Paul - Emerg. Shelter Case-Managed 165
st. vincent de Paul - Maher Center Night Shelter 160
***SVDP - Transitional Housing ProgramCase-Managed 110
SVDP - Transitional Housing Program Case-Managed 45
SVDP - Joshua House (AIDS Clients) Transitional 8
Salvation Army Case-Managed 60
Salvation Army Case-Managed 45
San Diego Rescue Mission Night Shelter 114
San Diego Rescue Mission Case-Managed 135
****SDYCS - The Bridge Case-Managed 6
SDYCS - The Gatehouse Case-Managed 6
SDYCS - The Storefront Case-Managed 15
SDYCS - Southeast Emergency Qtrs. Case-Managed 23
serenity House Transitional 21
United States Mission Night Shelter 35
YWCA - Women in Transition Transitional 14
Total (including 72 ISN seasonal spaces) 1235
*ECS = Episcopal Community Services
**ISN = Interfaith Shelter Network
***SVDP = st. Vincent de Paul
****SDYCS = San Diego Youth Community Services
.
-31- /3~Ji
Shelters for the Homeless
in San Diego County
Program Type Bed Spaces
East county
*ISN Case-Managed (Feb-May) 12
Halcyon Center Case-Managed 12
San Diego Youth Involvement Case-Managed 23
**VOA - East County Emerg. ShelterCase-Managed 19
Total (including 12 ISN seasonal spaces) 66
North county Inland
*ISN Case-Managed (Nov-May) 12
The EYE - Hidden Valley House crisis:Transitional 30
North County Interfaith Council Case-Managed 10
st. Clare's Home Transitional 60
***NCIC Family Shelter Case-Managed 14
Total (including 12 ISN seasonal spaces) 126
North county Coastal
Casa de Amparo Case-Managed 26
Catholic Charities - Good Samaritan Case-Managed 12
Community Resource Center Night Shelter 8
North County Chaplaincy Night Shelter 13
*ISN - Oceanside Carlsbad Case-Managed (Nov-Feb) 12
*ISN - San Dieguito Case-Managed (Jan-Mar) 12
House of Martha and Mary Case-Managed 6
Women's Resource Center - Gateway Case-Managed 22
YMCA - project Oz case-Managed 6
Total (including 24 ISN seasonal spaces) 117
South Bay
Casa Nuestra Case-Managed 8
County-wide Total (including 120 ISN seasonal spaces and
excluding inclement weather shelters) 1552
*VOA = Volunteers of America
**NCIC = North County Interface Council
***ISN = Interfaith Shelter Network -
-32-
/3-3_C;-
- ~_..-
C. Inventory of Facilities and Services for Persons with other
Special Needs
1- Elderlv and frail elderlv. A wide variety of
facilities and services are presently available to
serve the elderly population. Facilities for the
elderly include licensed long-term care facilities,
intermediate care facilities, unassisted living
facilities, and senior centers through both the public
and private sectors.
Among services for the elderly are: adult day care,
basic needs and resources (help for those temporarily
unable to help themselves), crime/victim and legal
services, education services, employment and training,
emergency services, financial aid and benefits, health
information, health services (inpatient and
outpatient), housing services, in-home services, mental
health services, protective and placement services,
substance abuse services, and transportation services.
The majority of elderly in the City of Chula vista have
access to these programs either through the Chula vista
Norman Park Senior Center or the Salvation Army, both
of which are located in central Chula vista on major
bus lines.
2. Disabled persons. A variety of facilities and services
are available to serve disabled persons.
a. Mentallv disabled. Regionwide, facilities for the
mentally disabled include hospitals, medical
centers, outpatient clinics, mental health
centers, counseling and treatment centers,
socialization centers, residential facilities for
children, crisis centers, and adolescent and adult
day treatment offices.
Services available regionwide through the County
Mental Health Services (SDMHS) and its contracting
agencies include: screening and emergency,
inpatient, partial day treatment, 24-hour
residential treatment, outpatient, crisis,
community support, probation, forensic, program
review and development, case management, technical
and administrative, "Totline" telephone counseling
(for parents of children up to five years of age),
homeless outreach, AB 3632 (mental health services
for children in special education), and volunteer
services. In addition to the services provided by
SDMHS, Kinesis South provides vocational training,
and the South Bay Guidance Center provides mental
health counseling for senio~ citizens, adults, and
children.
-33- ) J /3 {;
... --,--,"
At present, there is a limited range of community-
based rehabilitative and supportive housing
options for persons not in crisis who need living
accommodations. Current SDMHS housing resources
for the region include the Supplemental Rate
Program (providing board and care with
supplemental services - 350 beds),
Longterm/Transitional Residential Program (group
living with supportive services - 26 beds), and
Semi-Supervised Living Program (transitional
living from the streets to group housing - 28
beds) .
Additional resources outside the SDMHS system that
are potentially available are referrals to
community Care Facilities (board and care) -
approximately 1300 beds.
b. Developmentallv Disabled. The San Diego Regional
Center for the Developmentally Disabled is an
information clearinghouse and provider of services
for developmentally disabled persons. It is
responsible for providing diagnostic counseling
and coordination services. Regional centers serve
as a focal point within the community through
which persons with developmental disabilities and
their families receive comprehensive services.
The San Diego Regional Center is responsible for
providing preventive services, including genetic
counseling to persons who have or may be at risk
of having a child with a developmental disability.
They are also responsible for planning and
developing services for persons with developmental
disabilities to ensure that a full continuum of
services is available.
Training and Education for Retarded Individuals,
Inc. (TERI) is a private, nonprofit corporation
created for the purpose of developing residential,
educational and recreational programs designed to
serve individuals with developmental disabilities.
The united Cerebral Palsy Association of San Diego
County provides communication training,
prevocational testing and training, and social and
recreational activities for developmentally
disabled persons.
Association of Retarded citizens, a private,
nonprofit corporation, provides job training to
the developmentally disabled in Chula vista.
-34- /J/37
--,..,.---.--.,- --."
The city of Chula vista Parks and Recreation
Department assists with the Special Olympics.
c. Phvsicallv disabled. The majority of the
supportive services and housing assistance for
physically disabled persons are provided through
non-profit organizations. A primary provider is
the Community Service Center for the Disabled Inc.
(CSCD). CSCD services provide independence,
dignity and access to physically-disabled persons.
CSCD provides the following services:
Intake and Referral services are set up to
meet individual's needs and to seek
appropriate services from CSCD or from other
community agencies;
Personal Assistance helps disabled
individuals obtain personal care attendants
or homemakers, thus enabling them to live
independently in their own homes;
Housing Referral assists individuals to
obtain accessible and/or appropriate housinq
that meets their individual needs;
Benefits counseling helps disabled
individuals apply for public benefits to
which they may be entitled, such as
Supplemental Security Income (SSI), Medicare,
and Medi-Cal;
Employment Services are provided through the
Job Club that focuses on pre-employment
preparation skills;
community Living Program offers case
management services to help individuals move
out of institutional environments;
Transition project provides assistance to
young adults with disabilities moving from a
school setting to independent community
living arrangements;
Peer counseling furnishes services and
opportunities for social contact and involves
areas such as individual, marital, family,
and sexual counseling;
-
Transportation supplies limited service on a
fee basis for disabled individuals in need of
-35- 0~Y
-
transportation to medical, employment or
personal appointments;
Spoke Shop is a business enterprise which
offers medical supplies and sales, service
and repair of durable medical equipment such
as wheelchairs;
Public Relations and Development provides
public information to the community, manages
public relations events, produces fund
development special projects, supervises
volunteer coordination and membership
recruitment.
3. AIDS. Facilities, available regionally, include
residential units for persons with AIDS of 5 units
containing 50 beds, 6 hospices, 1 skilled nursing
facility, 2 resource centers, and 11 health
centers/clinics. Facilities serve AIDS patients
exclusively or in conjunction with other segments of
the population.
Services for persons with AIDS, funded by the County of
San Diego Department of Health Services through Title I
of the Comprehensive AIDS Resources Emergency (CARE)
Act of 1990, include primary health care, mental health
counseling, in-home care and treatment services,
dental, case management, recreation/social, outreach
and education, and transportation services.
The city of Chula vista also provides CDBG funds to the
AIDS Foundation of San Diego for services to Chula
vista residents.
.
-36-
) '] /31
. .' .
CHAS Table 2A u.s. DepaMment of Hou.lng and Urban Dewlopment .
Office of Community Planmng and Development
Population and Minority Data.. Comprehensive Housing AffOrdabilffy Sttategy (CHAS)
Name at JunaØlCDon(l) or CoNol'llum: I F..... V.., PenOCl: (ento< 1IscI, r"l
FY; OVOugh FY;
Chu1a Vista I 92 96
. I
1;S0 CenIu. 0_ ,_ CenSUI 0...
CaIegOty or Current eltmat.
(A) (8)
1. Total Population 83.927 135.163
2. WMe (Non·Hispanic) 57.132 67,302
3. Black (Non-Hispanic) 1 617 5,721
4. Hispanic (All races) . 191-624 50.376
s. Native American 542 622
6, Asian and Pacific !slanders * 5 012 11,142
7. Group OUartera 751 1,726
8. Institutional 718 1,462
9. Non·lnSlitulional 33 264
10. Housahold Populallon 83 176 133.437
*lncludes "Other"
'"
-37- /JrIjD
Ionn HUD-400~ (5I16191)
...-...
, . ~ .
CHAS Table 28 u.s. Department of Hou.lng and Urb.n Deyelopment
Office of Community Planning and Dewlopment
Market and Inventory Conditions
Housing Stock Inventory Comptehensive Housing Affordability Strategy (CHAS)
NarM 01 Jun'ChCDon(' or Con.ortlum: Frve v..,. P.nocI: (~tIIf ~ yrs.)
~ - FY: 92 """'-'II"FY; 96
CNdtone:
@ ,; CÀnWI
Chula Vista Cunwnt estimate a. 01: (.",., Gate)
October I, 1991
Cotegory Tolol o or 1 beci'ooma 2 _.... 3 or monrbtó'ooms
(A) (B) (C) (0)
1. Total Y.at-Round Houllng 52 042
2. Total Occupiod Units 49 908
3. RClnter Occupied Units 23.307
4. Nooding Rohab 1 586
5. Not Rohabbablo 69
6, ONn.r Occupied Units 26 601
7. Nooding Rohab 766
S. Not Rohabbablo
112
9. Total Vacant Units 2 096
10. For Ront 973
11. .Needing Rehab 67
12, Not Rohabbablo
2
13, For Salo 602
14. Nooding Rohab 18
15. Not Rohabbablo
1 .
16. Awaiting Occupancy or Hold
.
17. Other
~
-38- JJ~L/J
to"" HUQ.400QO (&'14191)
" . .. ,
CHAS Table 2C u.s. c..p..l'tJ'1"o«tt ot Hoc.aJng Ind Urban ~"'*'t
Offi.œ of Community P¡anfllng and O.....-.O~
Assisted Housing Inventory Comprehensive Housing AtfOrclabil1ty Sltalegy (CHAS)
Nwne ol ~.I or eon.:w.m: F,...y...~(.,..It.caI)'f1í_I-
f'(: ""'-'Q"f'(:96
92
c.n.nr eN"*- .. ot eM'" G&IoeI
Chula Vista October I, 1991
TotaJ$Þ:::Ica IJ'Id In...ntOI')'
CaDOgOt)' Total SRO o 0( 1 beð'oom. 2~ 3 «more ~s
(A) (BI (C) (0) (E)
,. p,oJ.c:t Ba..d
T.nant .ulatanee 755
2. Public Housing ,
83 ^
3, SactlOn 202 100
~. SactÌDn 8
0
5, 01.., HUD 572
6, FmHA
0
7. T.nam ala.1
T.nant A...launce 1,716
8. SKtion 8 1,716
9. 01.., St=ailoQJ 0
10.HonwownM'
A...¡atance 0
.
-39- /J -" i/d
Iorm HU~ (511&/91)
...-..-.
SECTION II. FIVE YEAR STRATEGY
PART I PRIORITIES/PROGRAMS
A. The Process Used to Arrive at a Five Year Strategy
In determining the priorities and programs for the city of Chula
vista to be included in the five year strategy, several sources
were reviewed and analyzed. The sources were as follows:
1. The City of Chula vista is currently completing
the required five year review of the Housing
Element of the General Plan. The updated Housing
Element for 1991 - 1996 describes housing needs and
identifies eleven objectives to address the housing
needs of the residents of the City. Portions of the
Housing Element have been incorporated into the CHAS
where applicable; and
2. Information from the Needs Assessment and Market
Inventory sections of the CHAS which were
provided by SANDAG based on the latest relevant
census data.
After reviewing these sources, it was evident that the City is
faced with a significant portion of its current population
earning less than 80% of County Median Income. In fact,
according to SANDAG, 47% of the city's total number of renter
housesholds are low income. As a result, it is evident that the
City must attempt to meet the needs of these people.
The city's Housing Element states that the market is currently
meeting the rental housing needs of those people whose incomes
are above 80% of County Median Income. For example, the average
cost of a two bedroom apartment in Chula vista is $710.00, and
this rent is less than 30% of the income for a family of four who
earns 81% of County Median Income or $33,453. Since the City has
a significant number of very low and low-income renters and the
market is meeting the needs of moderate income families, the city
is concentrating its resources toward very low and low-income
renters since they are facing a severe cost burden due to rental
rates in Chula vista. The City will also attempt to assist low-
income renters to become homeowners.
.
-40-
/7 ~Lj3
.-..-.-, "
B. Priorities and Programs/services
PRIORITY: Preserve the City's four apartment complexes which are
at-risk of converting,to market rate rentals.
5-vear Results: Preserve 386 units of affordable
housing
Rational: For the last 20 years, these
units have met the needs of very low and low-
income households. If the city allows these units
to convert to market rate rentals, a considerable
amount of the City's affordable housing stock will
vanish.
Proqram: Currently, the city is working
with a community-based non-profit corporation to
preserve these units. It appears that the
Redevelopment Agency of the City of Chula vista
will likely provide some predevelopment costs and gap
financing as well as issue the Mortgage Revenue
Bonds needed to acquire these units.
PRIORITY: continue the housing rehabilitation, rental
rehabilitation, and mobile home rehabilitation programs in order
to preserve the city's aging housing stock.
Five Year Results: 200 mobile homes &
single family homes
25 rental units
Rational: Since the inception of the
Redevelopment Agency's rehabilitation programs,
these programs have served almost exclusively
very-low income households whose dwellings units
were in dire need of rehabilitation. In order to
preserve the city's aging housing stock and
provide decent places for people to live, the
Agency will continue doing both moderate and
substantial rehabilitations.
Proqram: Currently, the Agency offers
3% deferred loans to very low-income households and
5% loans to low-income households in order to
rehabilitate their single family dwellings. For
mobile homes, the Agency offers grants up to
$1995.00 for very low income households, and any
additional rehabilitation costs are eligible for a
5% loan. For rental units, the Agency gives a 5%
loan to landlords in exchange for rents restricted
which are affordable to low-income households.
The City expects to receive HOME funds in the near
future and may use these funds for some of its
-41- /J ~ijt./
.._.m.
rehabilitation activities.
PRIORITY: continue to implement the City's Affordable Housing
Program so that more rental and for-sale units are made available
to low, moderate, and ~iddle income households.
Five Year Results: 250 low-income units
(80% and below)
345 moderate/middle income units
(81% - 120%)
Rational: Chula vista is very fortunate
because a large portion of the city is yet to be
developed. In an effort to gain affordable units in
the undeveloped areas and promote a balanced community
the Affordable Housing Program was developed.
Proqram: The city of Chula vista's
Housing Element of the General Plan states that
any development over 50 units must provide 10% of the
units for low and moderate income households.
currently, City staff are examining the possibility of
modifying this requirement so that any development
over 50 units would be required to provide 5% of
the units to low-income households and 5% of the units
to moderate and middle income households. The above
units are based on current projects whose tentative
maps have been conditioned under the existing Program,
and the units are expected to be built by 1996.
To date, developers have provided these units with
little assistance from the City or the
Agency, and the City has gained more affordable
housing as a result. In the future, the Agency or
the City may assist developers so that more
low-income units are built, and the city is
planning to assist developers provide for-sale
units to moderate income households. In an effort to
assist developers with their rental requirements,
the City has suggested that for-profit developers
join with non-profit housing developers so that
the affordable units could remain affordable to
low-income households for longer periods of time.
-
-42- )J--tþ
..._",
PRIORITY: Assist low, moderate and middle income residents
purchase a home.
Five Year Results: 10 low-income homeownership
opportunities
94 mOderate/middle income
homeownership opportunities
Rational: since only 21% of all
households could afford to buy a home in the San
Diego region in 1990, the city must address
this problem in order to retain businesses and
attract new ones.
Proqram: Currently, the Agency
administers a Mortgage Credit certificate Program
(MCC) which allows eligible buyers to take 20% of their
mortgage interest as a tax credit on their federal
income taxes. To be eligible for the Program in non-
targeted census tract, a household must be a first time
home buyer, buy a home in Chula Vista, and earn less
than 115% of County Median Income. (A targeted census
tract is one where 70% or more of the households earn
80% or less of the County Median Income.) If
someone buys in a targeted census tract, they do
not have to be a first time home buyer, and they
can earn up to 140% of County Median Income. In
order to assure low-income households would have
access to a MCC, the City set aside 10% of its
allocation or 10 MCCs for low-income buyers (80%
or less).
The Agency is currently developing a "silent
second" program for low income home buyers.
The exact mechanics of the program have not
been worked out, but the Agency expects to
implement the program by fiscal year 1992-
1993. Silent seconds in conjunction with MCCs
will make homeownerhip a reality for many low-
income buyers who would otherwise never have been able
to afford a home of their own.
Currently, in conjunction with the MCC
Program, the Agency is working with mortgage
lenders who offer the Community Homebuyers Program
to first time homebuyers. The Community
Homebuyers Program is an effective way to assist
people to qualify for a mortgage loan. The
Program increases debt to income ratios, decreases
the amount of a down payment to ~%, and allows
part of the 5% down to be paid by a relative of
the prospective buyer. In addition, the Program
-43- /3 --Lj f,
.----
~equires applicants to attend a home buyers
seminar which focuses on the escrow process, money
management and home maintenance. This seminar provides
the supportive services many first time home buyers
need. The Community Homebuyers Program works well with
the MCC Program because it gets people into homes
while the MCC Program helps people stay there.
In addition to the Community Homebuyers Program, a
community based non-profit corporation, South Bay
Commumnity Services, in conjunction with the San Diego
Home Loan Counseling Service, is also providing
homeownership counseling.
PRIORITY: Transitional housing.
Five Year Results: Develop or acquire and
rehabilitate a facility to house the
transitionally homeless.
Rational: As discussed in Part I of the
CHAS, Chula vista's homeless population is greater
than previously thought. Since many programs are
available to house the homeless temporarily, a
transitional housing project is needed so that Chula
vista's homeless can receive the needed supportive
services to ensure their successful return to the
community.
Proqram: Currently, the city has
encouraged the South Bay Directors Council, an
organization of non-profit supportive services
providers, to apply for Stewart McKinney funds and
. other funding sources available for the development of
a transitional housing project. To date, South Bay
Community Services and Father Joe Carroll have been the
only two non-profits to seriously investigate the
feasibility of developing a transitional housing
project, but Father Joe Carroll's project is currently
on hold.
The City will continue to give technical assistance to
South Bay Community Services (SBCS), and SBCS is
currently attempting to identify a site for the
shelter. Once a site is identified, SBCS will apply
for McKinney funds, and the Agency will most likely
support the project with both technical and financial
assistance.
.
-44- J], ~7I/
PRXOR:ITY: continue to support non-profit corporations to develop
or rehabilitate rental housing for very-low and low income
households.
Five Year Results: 85 very low-income rental
units
18 low income rental units
Rational: In the past, the City or the
Agency has assisted for-profit developers to
develop units for low income households. However,
these for-profit developers always insist upon
these affordable units eventually converting to
market rate rentals, and as a result, the City
only realizes the benefit of their investment for a
limited period of time. If a non-profit corporation
develops the housing, the units will be affordable for
the long-term, and the City or the Agency has invested
in an affordable project which will benefit very low
or low-income residents of the City for the usable life
of the rental units.
Proqram: The Agency or the City will continue to
invest in quality projects by non-profits which
provide rental units to very low and low-income
households. In the future, the City may use HOME
fund to assist non-profits with both the
development or rehabilitation of the projects and
rental assistance so that more units can be reserved
for very low income households.
PRXORITY: continue to assist mobile home park residents who
are faced with paying increasing rents as well the closure of
their mobile home parks.
Five Year Results: Continue to enforce the city's
Rent Review Ordinance so that mobile home
residents are not faced with huge rent increases.
continue to enforce the city's Mobile Home Park
Closure Ordinance which requires park owners to
provide relocation assistance to low-income park
residents when the owner decides to close the park.
Rational: In the City, 35 mobile home parks
provide housing to many very low and low-income
families and seniors. without this form of
housing, many of these families and senior
citizens would be facing a severe cost burden for
housing, or they might not have adequate housing
at all. As a result, the City has made a
-45- /3'-YY
----"
substantial commitment to regulate the City's
parks so that the park residents can retain their
affordable housing.
Proqram: The City's Rent Review Ordinance only
allows park owners to raise their rent by the
Consumer Price Index once a year. without this
control, the park owners would most likely
continue to raise rents because they have a
captive audience, and without rent control, park
residents would be facing a severe cost burden. In
addition to being a captive audience, the number of
mobile home spaces are shrinking because of park
closures; because of these two factors, the
affordability of mobile home rents is endangered.
Therefore, the City's Rent Review Ordinance was
adopted.
Since very few spaces are available and park
closures are common if the land is zoned something
other than mobile home park exclusive, the city
also regulates park closures by requiring park
owners to provide relocation assistance to park
residents who are low-income.
PRIORITY: continue to work with the San Diego County Housing
Authority to provide public housing in Chula vista.
Five Year Results: 38 very low-income rental units.
Rational: In California, public housing is
only allowed in those cities with referendum authority.
In 1978, the voters voted to allow 400 units of public
housing.
Proqram: When the Housing Authority
identifies a site, the city staff assist by
facilitating the development process and assisting with
site approvals from the City Council. In some cases,
the city has waived fees for public housing
projects, and in some cases, the Agency has paid the
fees for the public housing project. The Redevelopment
Agency has also written down land costs and made grants
for project amenities.
PRIORITY: continue to utilize CDBG funds for supportive services
for residents with special needs.
Five Year Results: Use 15% of the City's CDBG
allocation for supportive servic~s every year for
the next five years.
-46- /'3/1¡
--.-.-.--,--
Rational: Many non-profit social service
providers struggle to provide their services for
the residents of Chula vista because of budget
constraints. since the City believes the
supportive services these non-profits provide are
important to residents with special needs, the
City funds these non-profits to ensure that their
services will continue to meet the needs of the
residents of Chula vista.
Proqram: The City grants 15% of its
CDBG entitlement and housing program funds to local
non-profits who provide supportive services for the
residents of Chula Vista.
.
-47- )3/~Ò
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"----,.,
PART 2: AVAILABLE RESOURCES
Unlike in the past, the production of affordable housing today
requires the utilization of many different funding sources. As a
result, it is important for a public agency to be aware of the
funding sources available to it and to the non-profits who
operate within its boundaries. Below, is a listing of funding
sources from which the City can draw from when implementing its
housing priorities.
A. Public Funds
1- Federal Funds Available to the City
- Community Development Block Grant Program
- section 8 Program (administered by the County of
San Diego Housing Authority)
- HOME Program
- HOPE Program
- New Construction Public Housing (The City has
authority to build public housing in its
jurisdiction.)
- Supplemental Assistance for Facilities to Assist
the Homeless (Other McKinney Funds)
- Federal Tax Credit Low-Income Housing
- LIHTC - Low Income Housing Tax Credit
2. Federal Funds Available Exclusively to Non-Profits
- section 202 Program
3. Funding Available from the State of California
- Proposition 84 Housing Funds
- Proposition 77 Housing Funds
- California Housing Finance Agency--New
Construction
- California Housing Rehabilitation Program
- State HCD Predevelopment Loan Program
- Mortgage Credit certificate Program
- California Low-Income Tax Credits
4. Local Resources
- Redevelopment Agency
The State of California Health and Safety Code
requires jurisdictions who incorporate
redevelopment areas to set aside 20% of their tax
increment for the production, improvement, and
preservation of affordable housiftg. The city
formed its Redevelopment Agency in 1978 and
currently has five redevelopment areas. From
-49- /3/5";)-
._.~ - -. ----
these areas, the Agency can expect to set aside
approximately $960,500 per year. Currently, the
Agency uses these funds for rehabilitation
activities and operating expenses. Since several
redevelopment projects will be completed in the next
five years, the annual set aside will most likely
increase.
- Density Bonus
- Affordable Housing Program
5. Funding from Private Sources
- Savings Associations Mortgage Company (SAMCO)
- Local Initiative Support Corporation (LISC)
- Local Banks. Because of the Community
Reinvestment Act, the Agency is working with
several banks to provide favorable loans for both
housing and economic development.
- California Community Reinvestment Corporation (CCRC)
-
-50- 13<.53
..-..,
PART 3: ORGANIZATION CAPACITY AND ROLES
INSTITUTIONS STRENGTHS WEAKNESSES
PUblic
Dept. of Housing and Provides funds for Amount of
Urban Development affordable housing paperwork
activities required to
receive funding
Limited funding
Regulations
City of Chula vista Supports Agency Insufficient
housing activities staff resources
with resources, permit
processing practices,
and zoning
Support of Affordable
Housing Program
Redevelopment Agency Provides funding for Insufficient
of the city of housing activities staff resources
Chula vista
Limited funding
San Diego County Administers Insufficient
Housing Authority section 8 rental number of
Program & constructs vouchers &
Public Housing in certificates
Chula vista to serve the
city
County of San Diego Provides needed Limited
supportive services resources
to residents with
special needs
State of California Provides needed Amount of
funds for paperwork
affordable housing required to
receive funding
- Limited funding
-51- )3-f~
----~..
:INST:ITUT:IONS STRENGTHS WEAKNESSES
Private
Lenders CRA requirements Reluctance to
lend to non-
willingness to profits & very
participate in low, low &
the MCC Program moderate income
households
u. s. Escrow Loan servicer Amount of
for rehabilitation paperwork
programs
For-Profit Developers Experience with the Reluctance to
development of housing participate in
city's
Willingness, in the Affordable
past, to develop Housing Program
some affordable
housing Reluctance to
work with
nonprofit
Ability to subsidize developers
some of the afford-
ability gap by
spreading costs amoung
other units in a large
development
Real Estate Assistance with Concentrating
Professionals identifying properties on high end
for the Agency housing units
Providing current
information on
for-sale housing costs
Willingness to promote
the MCC Program
.
-52- ) 3/ ~<5'
---.--..-,
INSTITUTIONS STRENGTHS WEAKNESSES
Non-Profits
Support Service Services for the Limited
Providers Homeless, the resources
developmentally
disabled, the physically
disabled, mentally
disabled, senior
citizens, & youth
Developers Preservation & Limited
Development of units resources &
for very low & low need to build
income households capacity
Ability to get
financing not
available to for-
profit developers
As the above chart displays, there are many organizations which
playa role in implementing the City's five year strategy. The
coordination of the above organizations rests with the Community
Development Department of the city of Chula vista. This
Department is responsible for policy coordination and
implementing the five year strategy. The Department is currently
working with the above described agencies to implement its
housing and social services goals, and this coordination effort
will continue.
After reviewing the above chart, it is readily evident that each
institution has its own strengths and weaknesses. Unfortunately,
many of these weakness are beyond the control of the community
Development Department. However, the Department is currently
working with Lenders to improve their lending practices, with
for-profit developers in order to enlist their support of the
Affordable Housing Program, and with non-profit developers to
develop capacity.
The cost of providing affordable housing continues to escalate in
San Diego County. The largest gap in the delivery system
involves limited resources. Therefore, the city must continue to
work with commercial lending institutions, non-profit housing
developers, supportive service providers, and the County of San
Diego to continue existing partnerships and find new methods of
producing affordable housing. -
-53- / 3r-->?
---,"
PART 4: BARRXERS TO AFFORDABLE HOUSXNG
This section of the CRAS is an excerpt from the City of
Chula Vista's Housing Element of the General Plan which is
required by the state of California.
A. Overview
As required by the National Affordable Housing Act, this
section of the CRAS includes an identification and
discussion of various constraints, both unique to and beyond
the community, that may inhibit the development,
maintenance, or improvement of housing. There are two
primary realms of possible constraints; governmental and
non-governmental. Governmental constraints address such
matters as land use controls, building codes and
enforcement, site improvements requirements, permits and
processing procedures, and fees and other exactions. Non-
governmental constraints include such issues as availability
of financing, price of land, and costs of construction.
B. Governmental constraints
B.1 Land Use Controls
The various policies and regulations contained in the city's
General Plan and zoning Ordinance have a direct impact on
the ability to provide not only affordable housing, but
housing for all income groups. Excessive constraints
exercised through inadequate land use and zoning
opportunities to provide a wide variety of types and
densities of housing can preclude the attainment of housing
objectives. The City's recently updated General Plan
designates substantial areas of vacant land for residential
development at a variety of densities, and additional multi-
family units are represented by underutilized land in the
older central area. Much of the vacant land is proposed for
development under the "Planned community (PC) Zone" which
permits the use of flexible development standards, and
tailored density and unit type mixes. In addition to the PC
zone, the zoning Ordinance provides for a wide variety of
residential uses, including its exclusive Mobile Home Park
zone (MHP) , and further supports affordable housing through
its density bonus provisions, and related allowances for
reduced or modified standards through the Precise Plan (P)
modifying district. Additionally, the Ordinance provides
for mixed use development, and the construction of
residential projects in certain commercial zones.
Conclusively, the city's Land Use controls do not at this
time present significant constraints to meeting housing
objectives, and actually provide a generally supportive
framework.
-54- /3<.57
."..-., "..-."
General Plan/Zoninq Consistencv studv
When the General Plan Update was adopted in July 1989,
evaluation was undertaken for the older areas of the City
west of Interstate 805 to determine in what specific areas
the new General Plan and the existing zoning were not in
full consistency as required by state law. The result was
identification of several areas primarily within the Central
Community, where zoning conflicts were present. The city is
currently in the process of performing detailed analysis of
these areas in developing a recommended course of action,
involving both general plan amendments and rezonings, to
achieve the required consistency. Where potential density
reductions arise, the City will evaluate their impact on
affordable housing provision prior to reaching a final
recommendation for action.
In order that the intents of the updated General Plan be
recognized while the Consistency study is undertaken, the
city Council adopted an interim measure to address
processing of project proposals in affected areas. Where
projects propose implementation in accordance with existing
zoning in conflict with the new General Plan, the measure
requires a general plan amendment to be processed.
otav Water District Allocation Proqram
One of two water districts serving Chula vista Planning
Area, the otay Water District recently adopted an allocation
program due to existing infrastructure inadequacies
involving distribution and terminal storage facilities.
Scheduled completion of an additional supply pipeline to the
South Bay area in 1994-95 will correct inadequacies. In the
interim, the District has restricted annual water allocation
for development to approximately 1900 units. otay's
projections indicate Chula vista will receive between 700-
1000 units/year of this total district-wide allocation,
which compares favorably with the 714 units/year average
derived from the Regional Housing Needs Statement Regional
Share. Additionally, the western half of the City is served
by the Sweetwater Authority which has no such restrictions
on water availability.
-
-55- !3/~~
__...u....__.__
B.2 Growth Management
In order to ensure the adequate and timely provision of
facilities and services in conjunction with growth, Chula
vista has adopted growth management provisions through a
three-part effort consisting of the following:
a. Threshold Standards: Provide performance
criteria and standards for eleven public
facilities and services which must be maintained
with growth. Annual City-wide reviews are
conducted by an oversight group to monitor
compliance.
b. Growth Manaqement Element: Incorporated with
the General Plan Update in April 1989. Sets forth
the City's goals, objectives, and policies related
to protection of residents quality of life.
c. Growth Manaqement Proqram: Currently draft
form and under City Council review it serves as
the implementing mechanism. It provides
guidelines for relating development phasing to
facilities master plans at the project level, and
establishes performance requirements for
facilities guarantees at various stages of project
planning and review.
Because Growth Management efforts are primarily
targeted to the City's Eastern Territories, and several
of the large developments there had approved
development agreements prior to the Program, or have
already satisfied program requirements for building
permit issuance, direct constraints to housing
construction are not anticipated. Current forecasts
estimate construction of approximately 1200 units per
year, which includes an average 200 units/year of
infill on the city's west side generally not affected
by the measures. Given Chula vista's Regional Share of
3,569 units from 7/91 to 7/96, or 714 units/year, total
needs can be sufficiently accommodated. However, since
the Growth Management Program document is still under
review, the City will continue to evaluate potential
impacts to housing development as refinements are made.
B.3 Buildinq Codes and Enforcement
The City Building Department administers and enforces the
Uniform Building Code which ensures construction in
accordance with widely adopted health and safety standards.
While the City may establish standards bêyond those provided
in the Code, these standards do not significantly affect or
increase the cost of construction. The Code Enforcement
-56- )3--5/
,"-"-_..
Division administers a proactive program of community
outreach to prevent Code violations from reaching a point of
costly remedy.
B.4 Improvement Requirements/Development Standards
The City has a variety of requirements administered by both
the Planning Department and the Engineering Department. The
majority of these requirements are those necessary to ensure
adequate livability and lasting value in housing such as
sewers, streets, curb-gutter-sidewalk, lighting, drainage,
recreational open space, parking, etc. While there are
definite costs associated with these, they are those which
are incidental to the provision of a sound living
environment. In such instance that a developer is required
to provide improvements which may offer service beyond that
of the project, the City has and will use either
reimbursement districts, or other methods of equitable
compensation. In the case of certain affordable housing
projects, such as housing for seniors, the City has allowed
the reduction of standards to help offset costs. The City
also proposes to consider possible financial participation
in the construction of infrastructural improvements as a
method of "additional incentive" under the state's revised
Density Bonus Provisions.
B.5 processina. Permits. Fees. and Exactions
a. Project Processing
The extent and duration of project processing varies widely
by type of application. Residential projects requiring
subdivision of land will experience an extended period of
review, and/or those projects which require additional
regulatory approval such as rezonings or conditional use
permits. Regardless, the processing required is that
necessary to comply with the law and ensure proper and
thorough review without compromising environmental quality
or public safety.
The City has and will continue to use "fast track"
processing to expedite projects, such as those providing
affordable housing. This "fast-tracking" can be
accomplished primarily in two ways: first, the re-
priorization of work to focus staff resources to these
affordable projects; second, the institution of "parallel
processing" whereby normally sequential approval processes
are run concurrently, such as design review and site plan
review. The result is a substantial savings of time in
achieving complete project approval and the start of
construction.
-
-57- ) 3"'::;;0
-.-.-., '
b. Fee Schedules
Like many other cities in San Diego County attempting to
deal with substantial improvements to infrastructure and the
expansion of services necessary to meet demands induced by
rapid growth, Chula Vista has found the need to revise and
expand its fees in order to maintain service levels. While
fees have increased, the City has expended great efforts in
developing equitable methods to ensure the fees are only
those necessary to address the actual impacts of
development, and ensure timely implementation of required
facilities.
The Figure 1 below provides the most recent County wide
comparison of processing and impact fees available (1990) as
provided by the Construction Industry Federation (CIF), and
referenced in SANDAG's Regional Housing Needs Statement. As
indicated in the table, Chula vista compares favorably with
other jurisdictions of similar size and complexity. To
further illustrate Chula vista's relative position within
the region, and provide an estimate of impact useful in
constraints assessment, CIF also compiled a comparison of
total fees that would be required of a building permit
application for a prototype home. Figure 2 illustrates the
results of the survey, which ranked Chula vista #8 out of 19
jurisdictions.
FIGURE 1
TOTAL FEE COSTS TO BUILD A PROTOTYPE HOME (JAN. 1991)
I. Escondido $21,507
2. San Marcos 19,131
3. poway 16,740
4. City of San Diego 15,755
5. Carlsbad 15,742
6. Solana Beach 14,590
7. Encinitas 14,527
8. Chula vista 14,193
9. Santee 12,397
10. Oceanside 12,012
II. vista 10,791
12. County of San Diego 9,279
13. Imperial Beach 8,567
14. Lemon Grove 8,459
15. Del Mar 8,222
16. La Mesa 7,733
17. El Cajon 7,645
18. National City 6,443
19. Coronado 5,908
CIF PROTOTYPE HOME: Three bedroom, -two bath single
-family detached home. 1800 square feet of living
area. 400 square feet garage and 240 square feet
-58- 13-h /
patio. Approx. 139,000 valuation (calculated by each
jurisdiction). Type V wood frame construction. 100 A
single phase electrical. 100,000 Btu FAU gas service,
and a common set of fixtures.
The City will continue to consider subsidizing or reducing
certain fees for affordable housing projects where such
subsidies or reductions are clearly necessary to create the
required project economics.
C. NON-GOVERNMENTAL CONSTRAINTS
C.1 Financial Availabilitv
The availability and cost of financing for both new
construction and home mortgages are a major component of
housing affordability. The following discussion looks at
the availability of conventional lending for mUlti-family
and home mortgages.
Multi-familv
According to 1988 HMDA data analysis, mUlti-family lending
was made available in every census tract in the City for the
purposes of new construction and/or purchasing of existing
housing complexes. city-wide mUlti-family lending exceeded
$30,000,000 on 36 loans, and $19,305,900 on 221 non-occupant
loans. While it appears that money was available, without
specific information regarding credit terms, it is not
possible to determine if lending conditions were
restrictive. However, as it can be stated that interest
rates and other such changes in the finance arena tend to
inhibit construction, the city is proposing to assist
developers in availing themselves of alternative and
supplemental financial assistance available through
consortiums such as SAMCO and CCRC.
Even though some alternative financial assistance is
available, developers are reporting that conventional
lending sources have dried up, and as a result, multi-family
development has virtually disappeared. since density bonus
projects and other for-profit developments which could avail
themselves of some financial assistance in return for
affordable units cannot get conventional financing, this
lack of available conventional financing is directly
impacting the development of affordable units. The lack of
financing has been apparent for the last six to nine months,
and no one knows how long this situation will continue.
without financing, development does not occur.
.
-59- /3-6;2
,.-...,
Home Mortqaqe Lendinq
Figure 2 below contains mortgage borrowing rates taken from
The San Dieqo Union (1/12/92). It indicates that interest
rates are around ~.2% for a 30-year fixed rate loan of under
$191,250. The median resale price for a single family
detached house for San Diego County in June of 1991 was
$183,000. Using a 95% loan, a $183,000 home would be
affordable to a household whose income was approximately
$60,000 or 158% of County Median Income. Under current
market conditions, condominiums become the "affordable home
ownership opportunity." In summary, the high cost of
housing restricts the number of new home buyers entering
into the market place without special programs provided by
the federal government, the state, or local agencies.
FIGURE 2
Mortgage rates
Loan rales below are ol1ercd as a guidê:only Lending institutions listed are 1I105e al ering mortgages with the lowest
annual percentage ralc_ There are many olller factors 10 consider in evaluating a loan_ Alllendefs !isled are among
the larger morigage prOViders in San DfCgO County, The San Diego Union does not endorse any particular lender or
loan program
30.YEAR ADJUSTABLE'~"':'~~'" ~ .'. " -~ ... '-' ;....... - -,' ~1·t.-·,."t~"1;::;"';"~~ ~., .-"=.~',;,." ~ oJ'.'"
51." Down PoI"I, "'ulmu... LocI< AdJus.menl
"'slll....on Aote!">.) Pml ~) SAmount ~d.y.) """,," ~.'oln In/l,/Ret¡ CAPS A.P,R,
Citibank.. - -. 3?~ ___??__..!.:??O_ 600.000 ~~~.!!__~~??_ ~~M NEG/14_SOO 6.231
AmericanResidC~1ial - -,Ù_50 ,~0_._1:~?5 ___2?~'::~_ 30 __~C.D_ 2.:~OO 6M/6M ':0{)!~_1:?9~__6~~_
·Bank-oTA-me~iCà-- '5S>o 20 1.500 750,000 60 6CD 2_500 6M/6M 1.00112.500 6,682
SecurityPacilic 5,750 ._~~-~~O_..,~OOO---~_~~__~,~_ n6~~__ _~~G-li1-,750- 67~
Fronlline Mortgage' --4_625 10 2000 --3.?~300 . ~O__ .6~B 2.500 6M/6M ~~~.:.625 6!~.
Ho~scholdBa-~ 6_625 10 2_000 .:2.o?~~~___60 6TS 2,500 6M/6M 1~~/1~:?3~~~
NÕ~S! Moñgage 5,125 10 U50 2~:~~3? ITS 2_750 IY/1Y _?:00!1_~~~~ 6,836
Cou;;¡r:yw;de~-- 5_000 10 1_000 202.300 45 1TS 2875 1Y/1Y 2.00/11.000 6.851
CommonweaUhUnited 5_125 10 ~ 25 _202.300 ~~~_~S 2,750 1Y/.'_Y .2..??C_~~__~873
First Inlerstale. --5.250 10 2"000 '_~.?2.300 45 ."_~~_~750 'Y/1Y ._~,_O~~~:.?~_~!?
WensFargoSa-ñk' 5_8!.~_ -ï·0--_~1.:..0?0-' .302.300 ~___~B___2..:.~!_5 6M/.6M 1_~!~~.,~?~?~_4
First Nationwide- -5_875,--20 2,000 -- 500,000 30 _~TS _~_50 . ~:!.~: __2.:...09!..'_~5OO 6_972.
Chase Manhaná;; ·.---~-500 -25-2,000-",000.000 6O~~_3:2~~_ 1Y/1Y 2,00/12_500 7,066
_SanwaBan~_.. ~a6'.?'~~_---.3.9_.,1_,!.50 600.000 6O____1T'S,._2~6_~5 6M/6M 1.00/~_U50. 8.523
Glendale Fede'ral- 6000 10 1.500 202,300 45 1 TS 2750 6M!6M '00/13_000 8526
Union Bank--- --6-375 W - í.'so-õ- 300,000 60 --',-1'5'-2.750- 6M/6M -,~oö!í-'-37š-'8566
"{1~4; H;j-J~~~·I!~¡iF.r....y,¡ ",~ ! ) ..:.. ,",., <r<, ...~_:~-';":',;'.t~.
Down Points M...,rmum LocI<
.....ttuAIon R.re(%) P.ml. (% 5.Amounl (".ys) A_P,R
American Residential 7,875 5 2,500 202.300 30 8,179
::a Household Bank, 8,000 5 2.000 202.300 30 R252!
Nprwest Mortgage ROOO 5 2,250 202,300 30 8.279
Commonweahh United 8,000 5 2.375 202.300 45 8,293
Glendale Federal 8_125 5 1.500 202.300 45 R324
Western Fioancial 8,125 10 1.500 202.300 45 R324
Frontline Mortgage 8,125 5 1.625 202.300 30 8,337
First Nationwide 8.125 20 2,000 202.300 30 R379
Countrywide 8.250 5 1,000 202.300 45 8.395
Home Savings 8.200 10 1,500 202.300 45 8_400
HomeFed Bank 8.250 20 1.500 202,300 45 8.450
Union Bank 8,250, ,5 2,000 202,300 45 R506
~Pacific ~_250 '5 2.000 202.300 45 8.506
30· YEAR FIXED (more· than $202.3001 ...
Down PoInts MaxtIN.InI t.odc
on5llluaon Riote("41 Pm. 1%) $AmounI: fdays "'-P.R.
American Residential 8.375 20 2.000 400,000.,30 8.625
Norwest Mortgage 8.375 10 2.250 300,000 30 ft653
Commonweaflh·United 8,500 20 1.750 600.000 60 8.724
Frontfiflè:.Mortgage 8.500 20 1.750 500,000 30 8.724
Household BAiik 8,500 20 2.000 500,000 60 a.75-¿
Glendale Federal 8.625 20 1.500 500,000 45 8.623
ChaSe ~Mattan 8,575 25 2.000 1.000,000 60 8,828
F¡bt Nationwide 8,62S 20 1.750 500,000 30 8.851
Security Pacific 8,625 20 2.000 500.000 45 8,879
Countrywide 8.750 20 1,000 500.000 45 a,893
WestemFioancial 8.750 10 1.500 350.000 45 - R949 ) "7...- / "('
Union Bank 8.750 25 1,750 600,000 45 8,977 ./ ø ~
First Interstate 8.750 20 2,000 500,000 45 9.006
-60-
C.2 Land and Constuction Costs
The rising costs of land and construction in Southern
California represent the single largest factors in the
spiraling cost of housing. The most frequently encountered
constraint in affordable housing provision is the "lack of
economic feasibility" expressed by the private sector in
attempting to make units available to lower-income
households given the costs. Together land and construction
costs comprise about 75% of the total cost of a residential
dwelling. The following sections present an overview of
local conditions, and provide information for use in
addressing the level of economic barriers to lower-income
affordability in new construction. The information was
collected from local developers, the Construction Industry
Federation, and The Myers Group - a local San Diego firm
specializing in market analysis and consultation to the
development community.
a. Land Costs
Residential land costs in Chula Vista, on average, are
currently $200,000jacre, with the specific dollarjunit ratio
obviously dependent upon density. In surveying recent land
purchases for several proposed single family developments in
the City, the average per lot cost for the raw land was
approximately $40,000. Improved land costs can vary widely
depending upon the amount of improvements necessary
including, in Chula Vista, the amount of site grading to
create buildable lots. As an example, a recently approved
master planned project with 1900+ units, has an estimated
per unit site cost of $22,500.
In order to further illustrate total buildable lot costs for
new development, the following table was provided by a local
developer as an example of costs per type and density of
residential development:
Product Tvpe Finished Lot Cost
Single Fam (8000 s.f. lot) $203,000
Single Fam (5000 s.f. lot) 130,000
Multi-Fam (8 dujac) 76,000*
Multi-Fam (12 dujac) 62,000*
Multi-Fam (22 dujac) 40,000*
*per unit cost assuming 100+ units on a 12 acre site
b. Construction Costs
As mentioned, increased construction costs have also
contributed significantly to the problem~f housìng
affordability. Current estimates place single family costs
between $36 and $42 per square foot depending on unit
-61- 13-- øL/
'HU_ ,....__.....____.
amenities. Given an average 1,500 sq. ft. home on a 5,000
sq. ft. lot, construction costs would range between $55,800
and $65,100, which assuming a $225,000 purchase price,
represents 25%-29% of the home.
Costs for multi-family construction vary according to the
type of structure generally as follows:
- Wood frame low rise (1-3 stories)- $36 to $42 sq. ft.
- Steel frame mid-rise (4-6 stories)-$65 to $70 sq. ft.
- Steel frame high-rise - $75 to $100 sq. ft.
(up to 20 stories)
(add $25jsq.ft. if underground parking or
parking structure)
Component Costs in Multi-Familv Housinq
New Construction unit Price $105,000
Land $ 25,000 (24%)
Hard Costs (improvement, const. ) $ 60,000 (57%)
Soft Costs (arch. , eng. , marketing, etc.) $ 20,000 (19%)
C.3 Removinq Non-Governmental Barriers
As demonstrated above, homeownership opportunities are
limited for most people in Chula vista because of the high
cost of housing. Since the City has no way of altering the
price of housing, removing this barrier is almost
impossible. However, the City will continue to offer the
Mortgage Credit certificate Program. This Program will
assist some households purchase a home who might otherwise
miss out on the "American Dream."
Given the above information, the biggest non-governmental
constraints to affordable rental housing are land costs,
construction costs, and financing. Unfortunately, the city
has little or no control over these barriers. The city or
the Agency can only attempt to mitigate the barriers by
writing down land costs, pressuring conventional financial
institutions to lend, and using any alternative financing
sources available. However, these mitigation measures do
not remove these barriers, and the City or the Agency is
faced with increased need and shrinking resources.
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-62- -----
) 3----?>
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SECTION III. ONE YEAR ACTION PLAN
PART I. RESOURCES
A. Sources and Commitment of funds (public and private)
1- Affordable Housing
a. Community Development Block Grant for FY 1991-
1992 is 1,297,000. For the last several years,
the City has used most of its CDBG allocation
for public improvements in low income areas.
However, the city did spend approximately
$16,500 from its CDBG allocation for the
Shared Housing Program. In addition,
the Chula vista Community Development
Corporation, a part of South Bay Community
Services, received $48,000 in CDBG funds to
support their housing activities.
b. section 8 vouchers and certificates administered
by the San Diego County Housing Authority.
c. The City expects to receive $748,000 of HOME
funds in FY 1991-1992. The city will probably
use some of these funds to assist non-profit
housing developers to develop lower income
housing either by new construction or
rehabilitation. In addition, the Redevelopment
Agency may use the funds to supplement its own
rehabilitation program.
d. The Low and Moderate Income Housing Fund which
is generated by the Redevelopment Agency of the
City of Chula vista ("Agency" ) will produce
approximately $960,500 in FY 1991-1992 for
affordable housing activities. These funds will
be used to fund the Agency's rehabilitation
programs. In addition, these funds may be'
leveraged to provide equity for the Agency's
preservation of the City's "at-risk" HUD section
236 units.
e. The City recently received an allocation of
private activity bonds from the State of
California, and these bonds have been converted
to Mortgage Credit certificates. The Agency,
the governmental body administering the Program,
will issue approximately 104 certificates to low
and moderate income households in the next four
years. The City, as a matter of policy, has set
aside 10% of the certificates for low income
home buyers.
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2. Supportive Housing
a. The Agency, through the use of the Low and
Moderate Income Housing Fund, has supported non-
profits, such as the Salvation Army, who are
attempting to provide supportive housing in
Chula Vista. In fiscal year 1991-1992, the
Agency provided the Salvation Army
approximately $275,000 for the payment of the
City's fees. The Salvation Army is planning to
construct a 75 unit project which will provide
supportive housing for the elderly.
b. Community Development Block Grant funds have
been committed to a local non-profit who plans
to provide supportive housing for alcoholics in
Chula Vista. In addition, the city Council
recently approved the Conditional Use Permit for
the facility, and the facility will open early
in 1992.
B. Leveraging
1- As is currently the practice, the City will
encourage local non-profits to apply for funds from
foundations, lending consortiums, the State of
California and other institutions. Without local
non-profits, the city will not be able to
affectively provide low-income housing. The city
needs non-profits for their expertise as well as the
funds they are able to leverage.
2. In order to meet the matching fund requirements
placed on the city by the HOME Program, the City
will utilize the Agency's Low and Moderate Income
Housing Fund.
3. Since funding for affordable housing has become
difficult at best to secure, the City is attempting
to leverage its resources by exploring the
possibility of a county-wide Housing Trust Fund. In
addition, the Agency is seriously investigating the
Community Reinvestment Act activities of local banks
so that Agency housing funds can be effectively
leveraged with private dollars.
-
-67-
/3----?O
-,--~.,-,.
PART :n:. One Year Action P1an for Fisca1 Year 1991-1992
According to HUD, the One Year Action Plan provides a annual
framework for implementing the city's Five Year strategy.
A. Affordable Housinq Action Plan
1- Actions to Meet Priorities
a. continue to work with the community-based non-profit
to attempt to acquire the city's 386 units which are
"at risk" of converting to market rate rentals.
Since these units are serving predominantly very
low-income households, the Agency is anxious to
maintain decent, safe, and sanitary housing for 386
very low-income househ01ds. In Fiscal Year 1991-
1992, it is likely that at least one project owner
will file a Notice of Intent to sell. At that time,
the Agency will most likely provide predevelopment
funds as well as gap financing to the non-profit.
b. Rehabilitate 40 mobile homes and single family
homes and 5 rental units per the program described
in the City's Five Year strategy. As previously
stated, the Agency's rehabilitation program serves
almost exclusively very low-income households. It
is extremely possible that HOME funds will be used
to enhance the Agency's rehabilitation program.
c. continue to pursue the City's Affordable Housing
Program so that private developers provide housing
to low, moderate, and median income households. In
FY 1991-1992, the city expects to see developers
produce 72 median and moderate income for sale
units. No low income units will be produced because
the master planned developers have not reached the
portions of their developments with the densities
able to support the development of low-income
housing. In other words, the phasing of
developments will inhibit the production of more
units under the Affordable Housing Program.
d. continue to administer the Mortgage Credit
certificate Program and provide homeownership
opportunities to 21 low, moderate, and median income
households.
e. Attempt to gain site control for a transitional
housing project. .
-68- J}--J,)
~ - ._--
f. By continuing to support non-profit housing
corporations, 103 rental units for very low
and low income households will be developed. The
Agency recently financially assisted two non-
profits, and construction of these 103 units should
be completed by the end of 1992.
g. Continue to assist very low and low income
mobilehome owners who are faced with increasing
rents by enforcing the City's Rent Review Ordinance.
The City has 35 mobile home and trailer parks which
provide a significant amount of affordable housing,
and as a result, the City has made a commitment to
protect this housing by ensuring affordable rents.
In addition, the City encourages senior citizenss to
take part in the Mobilehome Rental Assistance
Program (~P) administered by the San Diego County
Housing Authority.
h. Continue to support the San Diego Housing County
Authority to develop public housing in Chula vista.
Twenty-two public housing units will be constructed
by the end of Fiscal Year 1992. Support any housing
activity by the County such as the County's
application for funds under the Shelter Plus Care
Program. The City has a need for shelters which
house the homeless with disabilities, but the City
does not expect to receive funds from this Program.
i. Continue to fund supportive services for residents
with special needs by allocating 15% of the City's
CDBG funds for these supportive services. The
services provided by CDBG funds are elaborated upon
in the Community Profile Section.
2. Meeting the Needs of Very Low Income Households
a. Continue to enforce the city's Rent Review
Ordinance and encourage participation in the
County's MRAP.
b. Continue to work with the San Diego County Housing
Authority to provide Section 8 rental assistance.
c. Continue to work the San Diego County Housing
Authority to build public housing in Chula Vista.
d. Continue to work with non-profits who are attempting
to provide housing for the very low-income.
-
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3. Consistency of One Year Actions with the Five Year
Stratedy
All action plan goals listed for Fiscal Year 1991-1992 of
the CRAS are indicated as priorities in the Five Year
strategy section of the CHAS.
4. Geographic Targets
The City and the Agency do not geographically target any
housing programs. All programs can be implemented or
utilized in any area of the city.
5. Responsible Agencies
The following is a list of agencies responsible for
implementing One Year Action Plan:
city of Chula Vista;
Redevelopment Agency of the city of Chula Vista; and
San Diego County Housing Authority.
6. Actions to Remove Barriers to Affordabe Housing
As stated in the Constraints section of the CRAS, the City
does not have any governmental constraints that seriously
affect affordable housing which can be removed. The City
will, however, attempt the following actions:
a. Review its density bonus ordinance which is currently
not utilized to its fullest extent;
b. Attempt to expedite the processing of affordable housing
projects;
c. Designate an Affordable Housing Ombudsman who will be
responsible for overseeing the intradepartmental
coordination of affordable housing projects;
d. Establish procedures for evaluating requests for City
assistance;
e. consider the impacts to affordable housing which may
result from rezoning involved with the General
Plan/Zoning consistency Study;
f. continue to encourage the use of flexible development
standards through the Planned community (PC) Zone and
the Precise Plan (P) Modifying District, where such are
clearly identified with increased availability of
affordable housing; and, -
-71- /7/tt.j
.. ...----. ,~-" ...-."'-
g. Encourage demonstration or experimental housing projects
which reduce building costs and increase affordability.
As stated in the Contraints Section, the non-governmental
barriers illustrated cannot be removed by the City in Fiscal
Year 1992 or ever without significantly increased funding
from the federal government. The city simply does not have
the funds to remove barriers such as land costs and
construction costs. However, the City may designate staff
and develop resources to assist developers in availing
themselves of alternative and supplemental financial
assistance.
B. SUDDortive Housinq Action Plan
1. Homeless
a. Community Development Block Grant funds have
been allocated to the fOllowing supportive
service providers who assist the homeless by
providing food, shelter vouchers, and clothes:
Lutheran Social Services;
South Bay Good Neighbor Center;
MAAC Project;
Chula Vista Human Services center; and,
Shared Housing
b. Community Development Block Grant funds were
allocated to South Bay Community Services for
the development of the Chula Vista Community
Development Corporation. The CDC is
attempting to find a suitable site for a
transitional shelter. Once site control is
achieved, the CDC will probably apply for
MCKinney funds.
c. In addition to services financially supported by
the City or the Agency, the city of Chula vista
has taken steps to assist the homeless in other
ways. First, the City has passed an Ordinance
to allow churches to house the homeless.
Second, the City approved the Conditional Use
Permit for the youth shelter operated by South
Bay Community Services.
In order to address the unmet needs of the homeless in the
City, the City will continue to allocate CDBG funds, assist
the CDC, and support organizations which attempt to meet the
needs of the City's homeless. However, the most important
activity the City can undertake will be the development of a
shelter, and hopefully, with the CDC's assistance, a
suitable site will be identified.
-72- /3-65
._,...
2. "At-Risk" Population
Like all cities, ChulaVista has residents which
are "at-risk" of losing their homes if the rent
becomes too expensive. Chula Vista's largest at-
risk population resides in the City's 35 mobile
home parks. In order to address the unmet needs of
these residents, the City will continue to enforce
the City's Mobilehome Rent Review Ordinance.
3. others with Special Needs
As outlined in the Community Profile Section, the
city allocates 15% of its CDBG allocation to non-
profits who provide supportive services to those
with special needs. These services are provided to
people with mental disabilities, physical
disabilities, and AIDS. In addition, the City has a
senior center which provides a complete range of
services for the elderly and frail elderly, and the
City financially supports South Bay Community
Services who provides a full range of services to
the City's youth.
with limited resources, the city has little ability
to provide supportive housing. However, the City
has assisted various non-profits who provide
supportive housing to the elderly and alcoholics.
The City and the Agency will continue to attempt to
provide financial assistance as non-profits request
assistance. However, since funds and city staff are
limited, the City will most likely attempt to meet
the unmet needs of those with special needs by
providing zoning concessions such as Conditional
Use Permits.
C. Monitorinq Plan
All pUblic service providers receiving any CDBG funds are
required to provide quarterly reports. which outline the
progress of their work. In addition, any housing projects
which have received or will receive Redevelopment Agency
funding are required to submit quarterly reports which
demonstrate that the affordable units are being charged the
correct rent. In addition, any non-profit housing
developers who receive HOME funds in the future will be
required to submit the same quarterly reports to insure
correct affordability levels.
On a periodic basis, the City Council/Redevelopment Agency
is provided with reports regarding the stãtus of all housing
programs. In addition, all housing programs are reviewed
and analyzed annually as a part of the budget process.
-73- /3----¿{o
...---.-"
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 3/3/92
ITEM TITLE: Public Hearing - GPA-90-09; Consideration of the Draft Chula Vista
Housing Element of 1991
Resolution \ 1e'5 ~ 1- Adopting the Draft Housing Element of 1991
as a component of the City General Plan
SUBMITTED BY: Director of Planning Jf!/ { s .
Community Development Director -
REVIEWED BY: City Manager ç (4/5ths Vote: Yes_No..x
¡/
This proposal involves a city-initiated amendment to the City General Plan through an update
of the Housing Element of 1986 as mandated by State law. Article 10.6, Section 65580 et. seq.
of the State Government Code requires that the Housing Element be updated at least every five
years to ensure the appropriateness of housing goals, objectives, policies, and programs in
response to changing needs and conditions. The Planning and Community Development
Departments, in conjunction with a Blue Ribbon Housing Element Committee appointed by the
Mayor, have thereby prepared the Draft Housing Element of 1991.
An Initial Study, IS-92-08, of possible significant environmental impacts of the Update has been
conducted by the Environmental Review Coordinator (ERC). Based on that Initial Study and
comments thereon, if any, the ERC has concluded that this Update would cause no significant
environmental impacts and has issued a Negative Declaration.
RECOMMENDATIONS:
1. Based on the Initial Study and Negative Declaration, find that the Draft Chula Vista
Housing Element of 1991 will have no significant environmental impacts and adopt the
Negative Declaration issued under IS-92-08.
2. Adopt a resolution adopting the Draft Housing Element of 1991 as a component of the
City General Plan.
14 ... I
--_._...._.__._.._...-_._.~,-.._._"-_.- ,
Page 2, Item 14
Meeting Date 3/3/92
BOARDS AND COMMISSIONS RECOMMENDATION:
1. The Resource Conservation Commission considered the Negative Declaration on IS-92-08
at its meeting of November 4, 1991, and unanimously recommended issuance of the
Negative Declaration.
2. The Housing Advisory Committee reviewed the Draft Housing Element of 1991 at its
meeting of February 26, 1992, and recommended that the Chula Vista Planning
Commission and City Council adopt the Negative Declaration and Housing Element.
(Vote: 6-0, 1 absent).
3. The City Planning Commission at its meeting of February 26, 1992, recommended that
the City Council adopt the Negative Declaration and Housing Element. (Vote: 5-0, 2
absent) .
DISCUSSION
1. Document Preparation
Along with most other jurisdictions in San Diego County, Chula Vista began the Housing
Element update process in early 1990 in conjunction with SANDAG's preparation of the
Regional Housing Needs Statement (RHNS) for 1991-96, which replaced the prior
expiring statement for 1984-90. The Regional Housing Needs Statement is mandated by
State law and serves to define regional housing conditions and needs for all income
groups, and to equitably allocate those needs among the region's jurisdictions. It also
serves as an information resource and technical reference. Each jurisdiction is required
to incorporate the Regional Housing Needs Statement's revised regional needs into their
Housing Elements.
Employing the adopted Regional Housing Needs Statement, staff prepared the first two
portions of the Housing Element, consisting of an implementation review of the 1986
Element, and an assessment of current and projected housing needs and conditions. A
nine-member Blue Ribbon Housing Element Committee was then appointed by the Mayor
in September 1990 to review that work and assist staff in formulating goals, objectives,
policies and action programs for the 1991-96 planning period. The Committee,
consisting of a broad-based membership representing the public, development
community, realty community/Chamber of Commerce, County Housing Authority, non-
profit housing and finance interests, and the local social service community met in a
series of 11 workshops, and unanimously endorsed a Draft in March 1991. Planning
Commissioner Casillas served as Committee chairman.
14-L
_ _ ~m'___.,_._.,_.___. _"_,_,,,
Page 3, Item Â
Meeting Date 3/3/92
2. Structure and Content:
In meeting the requirements of State Housing Element Law, the Draft Housing Element
of 1991 is divided into three principal parts.
~ reviews implementation of the 1986 Element. It outlines and quantifies housing
production since 1985, and describes how the City has responded to the housing needs
of its growing population. Various accomplishments are compared against previous
goals, and a summary of performance successes and shortfalls is presented to establish
indicators applied in development of the 1991-96 Action Plan in Part 3.
~ presents a statistical survey of existing and projected housing needs, resources and
constraints utilizing available updated data provided primarily by SANDAG's Regional
Housing Needs Statement and Series 7 Growth forecasts. It provides a quantified
analysis of current unmet needs with respect to overpayment, overcrowding, substandard
conditions, and various "special needs" groups such as the elderly, handicapped, single
parent families, and the homeless. Projected needs based on anticipated regional growth
and employment are provided, and the ability for Chula Vista's land base and regulatory
framework to adequately support residential development is discussed. Finally, specific
governmental and non-governmental constraints in the way ofland use controls, financing
availability, and land and construction costs are evaluated.
Part 3 establishes the City's goals, objectives, statements of policy, and action programs
to address the performance indicators, needs and conditions identified in Parts 1 and 2.
It emphasizes the City's commitment to ensuring adequate, decent housing opportunities
in suitable living environments, for all economic segments of the community. In serving
as a concise, comprehensive guide, the various policy and program proposals are
organized around 12 specific housing objectives. Each objective is clearly stated,
followed by applicable statements of policy, and a set of "implementing actions"
identifying program proposals complete with associated costs, sources of financing,
responsible agencies, and a recommended schedule.
3. Previous Actions
The following actions have previously been taken in developing the Draft before you:
- On March 13, 1990, by resolution 15552, the City Council adopted SANDAG's
1991-1996 Regional Housing Needs Statement for use in developing the Housing
Element Update. That resolution recognized and accepted Chula Vista's Regional
Share and Fair Share allocations as contained therein.
\'4...~
- -,...-.-.-.----...----
Page 4, Item 19
Meeting Date 3/3/92
- On February 20, 1991, a preliminary draft was presented at a Planning
Commission workshop, and supported for forwarding.
- On March 14, 1991, the Blue Ribbon Committee unanimously authorized the
document for forwarding for City Council review prior to its transmission to the
State.
- At a workshop held with the Blue Ribbon Committee on April 25, 1991, the City
Council authorized submittal of the Draft to the State for initial compliance
reviewed as required by law. That authorization excluded the Affordable Housing
Policy (pg. III-4) , which Council referred back to staff and the Blue Ribbon
Committee for further evaluation. The initial proposal was that the City's
existing requirement for "10% low and moderate" income housing in projects
over 50 units be revised to require the entire 10% as low-income.
Staff subsequently prepared an Issues Paper to evaluate Council concerns, and
serve as a basis for making recommendations regarding a [mal policy statement.
That paper was presented to the Blue Ribbon Committee who discussed its
contents at two meetings held January 30 and February 6, 1992, and reached
consensus on eight final recommendations regarding the subject policy. Those
recommendations are embodied in the Draft Housing Element under the
Affordable Housing Policy and Program discussions on pages III-4 through III-8,
which language the Committee also unanimously endorsed.
That policy language proposes to amend the City's existing policy for" 10% low
and moderate-income" in projects over 50 units by now requiring a minimum of
one-half of those units (5 % project total) as low-income, and applying the policy
to illl residential developments except owner-built single-family homes on existing
lots of record. Additionally, through a set of Implementation Guidelines, a
system of incentives would be established to achieve greater affordability by
exceeding the 5% low-income minimum, and/or increasing the depth of
affordability within the respective income range. Several alternate methods of
compliance were added to achieve flexibility including land set-asides, off-site
projects, and in-lieu fees.
Subsequent to the Blue Ribbon Committee meeting, staff further considered the
recommendation to apply the policy to all residential developments, and based on
concerns regarding the administrative burden to both the City and applicant to
prepare and monitor agreements for small projects, proposes an alternate
recommendation which would have the policy apply only to developments of 10
or more units. Revised language for policy statement #2 on page III-4 is
) \.\. .. ~
_.'-_.__._--..~-~---,-_.,.._-
Page S, Item ~
Meeting Date 3/3/92
presented in Attachment C. The revised recommendation and language were
reviewed and unanimously supported by both the Housing Advisory Committee
and Planning Commission at their February 26, 1992, meetings.
Both the Issues Paper and the Draft Housing Element were forwarded for advance
review as information items with the City Council's February 25, 1992, agenda
package.
- On July 9, 1991, the City received written response regarding the State's initial
compliance review (please see Attachment A). While commending the City's
efforts, that response indicated the need for several revisions in order to bring the
document into full compliance with State housing element law, and outlined the
areas for revision.
Staff has made a variety of revisions which are represented in the Draft before
you, and in conversation with the State, believes those revisions to adequately
address the stated compliance issues.
- On October 25, 1991, the document was distributed to several of the City's
commissions and committees, and to a variety of interested local agencies for
comment. Letters were subsequently received from South Bay Community
Services, The Chicano Federation, and the Construction Industry Federation.
Staff prepared responses to each of these, and believes the revised Draft Element
to substantially address stated concerns (please see Attachment B).
4. Pending Actions
As provided by law, upon adoption and refiling of this revised Housing Element, the
State will conduct a final 120-day review period within which its final determination of
compliance and certification must be issued. In such instance that the State should
determine the document is still not in substantial compliance, the City may either further
amend the document as necessary and re-adopt it, or adopt written findings stating why
it believes the document to be in substantial compliance despite the State's position.
CONCLUSIONS:
The Draft Chula Vista Housing Element of 1991 represents the culmination of substantial review
and input over the last 16 months, including an initial compliance review by the State
Department of Housing and Community Development, as required by law. Staff has made
several revisions which are believed to address the State's comments, and bring the document
into substantial compliance with State laws.
\~ ·5
------_.,.,_...._,-,
Page 6, Item ~
Meeting Date 3/3/92
Adoption of this amended document is necessary so that it may be refiled with the State for final
compliance review and certification.
FISCAL IMPACT:
Implementation of the policy and program proposals in Part 3, many of which are ongoing, will
be primarily supported from the Redevelopment Housing fund and CDBG entitlement funds,
although the General Fund has been identified in several instances to support staff time. The
City will also be receiving approximately $750,000 a year under the new federal HOME
program, and recently received a Mortgage Credit Certificate (MCC) allocation of $2 million.
The City will apply for additional MCC allocations in Spring 1992. A brief "cost/sources of
financing" section has been provided with each of the 12 objectives in Part 3.
In addition to City sources, the proposed involvement of non-profit housing interests and the
County Housing Authority will create access to a variety of State and Federal funding sources
which would otherwise not be available.
Given these circumstances, overall implementation of the Housing Element is not seen to create
a negative fiscal impact on the City. Subsequent proposals for the allocation of City resources
to specific projects will be brought before the City Council on an individual basis.
(OPA9().09.A113)
\~..Iø
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RESOLUTION NO. 1~'3 '3..;1..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE HOUSING ELEMENT (1991
REVISION) AS A COMPONENT OF THE CITY GENERAL
PLAN
WHEREAS, the availability of housing is of statewide,
regional and local importance, and the attainment of decent housing
and a suitable living environment for Californians of all economic
levels is a priority of the highest order; and
WHEREAS, Article 10.6, section 65580 et. seq. of the
Government Code requires that the Housing Element be updated at
least every five years to ensure the appropriateness of housing
goals, objectives, policies, and programs in response to changing
needs and conditions; and
WHEREAS, the Planning and Community Development
Departments, in conjunction with a Blue Ribbon Housing Element
Committee appointed by the Mayor, have therefore prepared the Draft
Housing Element (1991 Revision) as an update of the Housing Element
of 1986; and
WHEREAS, the Draft Housing Element (1991 Revision)
contains an identification and analysis of existing and projected
housing needs, resources and constraints, and a statement of goals,
policies, and quantified objectives, and scheduled programs for the
preservation, improvement, and development of housing through 1996;
and
WHEREAS, pursuant to state law, the state Department of
Housing and Community Development has conducted a review of the
draft element and found that certain revisions were necessary to
bring it into substantial compliance with State Housing Element
law; and
WHEREAS, in response, the city has revised the Draft for
local adoption and refiling; and
WHEREAS, an Initial Study, IS-92-08, of possible
significant environmental impacts of the Draft Housing Element
(1991 Revision) has been conducted by the Environmental Review
Coordinator who has concluded that it would cause no significant
environmental impacts and has issued a Negative Declaration
thereon; and
WHEREAS, the Environmental Review Coordinator has
reviewed the revised Draft Housing Element (1991 Revision) and
1
14-1
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determined no new environmental issues not analyzed by Initial
study IS-92-08 are raised; and
WHEREAS, the City Planning commission considered said
revised Draft at a duly noticed public hearing held February 26,
1992, and found that the revised Draft Chula vista Housing Element
(1991 Revision) would have no significant environmental impacts and
adopted the Negative Declaration, and unanimously approved said
revised Draft Housing Element (1991 Revision) and recommended its
adoption by the City Council; and
WHEREAS, the City Council, conducted a public hearing on
March 3, 1991" to consider said Negative Declaration and revised
Draft Housing Element (1991 Revision) and recommendations thereon.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby find that the revised Draft
Chula vista Housing Element (1991 Revision) will have no
significant environmental impacts and hereby adopts the Negative
Declaration issued under IS-92-08.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does adopt the revised Draft Housing Element (1991
Revision) as the Housing Element (1991 Revision) component of the
city General Plan, on file in the office of the city Clerk.
Presented by Approved as to form by
DL lv (ft/'?,
Robert A. Leiter, Director of D. Richard RUdO~ AsSistant
Planning City Attorney__..,J
C:\n\housing element
2
)4-GJ. /1'1-'1
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COUNCIL INFORMATION MEMO
February 19, 1992
TO: Honorable Mayor and City Council
VIA: Joho D. G~. aty Mmmg~ (t
FROM: Robert A Leiter, Director of Planning S .
Chris Salomone, Community Develop ent Director [-
SUBJECT: Draft Housing Element of 1991 and
Affordable Housing Policy Issues Paper
Attached for review are copies of the Draft Housing Element of 1991 and the Affordable
Housing Policy Issues Paper. The documents are being forewarded at this time to facilitate
advance review prior to City Council consideration of the Draft Housing Element at a public
hearing scheduled for March 3, 1992. A Council Agenda Statement will be included with
the regular meeting package on Friday, February 28, 1992.
The Issues Paper responds to the City Council's request at the April 25, 1991 workshop
review of the initial Draft Housing Element, that staff and the Blue Ribbon Housing
Element Committee further evaluate proposed revisions to the subject policy.
After reviewing a draft Issues Paper at two meetings held January 30 and February 6, 1992,
the Blue Ribbon Committee unanimously endorsed the attached final Issues Paper which
contains eight specific recommendations. Those recommendations have been embodied into
the Housing Element's policy and program discussions on pages III-4 through III-8, which
language the Committee also unanimously endorsed. The Draft Housing Element of 1991
has been forwarded for consideration by the Housing Advisory Committee and City Planning
Commission at their meetings of February 26, 1992.
/7 ----~
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CITY OF CHULA VISTA
DRAFr HOUSING ELEMENT UPDATE OF 1991
PROPOSED REVISIONS TO THE
AFFORDABLE HOUSING POLICY AND PROGRAM
ISSUES PAPER
Prepared For:
Chula Vista Planning Commission
Chula Vista City Council
Forwarded by:
Blue Ribbon Housing Element Committee
City Planning and Community Development Departments
January, 1992
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INTRODUCTION:
On April 25, 1991, at a joint workshop with the Blue Ribbon Housing Element Committee, the
City Council reviewed the Draft Housing Element of 1991, and authorized its forwarding to the
State Department of Housing and Community Development for initial review. That
authorization excluded a revised Affordable Housing Policy which proposed to shift the current
5 % 10w/5 % moderate-income provision for projects over 50 units to 10% low-income. The City
Council referred the item back to staff and the Blue Ribbon Committee requesting further
information and evaluation as to the necessity for such a change, and its potential impacts.
Council concern was two-fold:
. The apparent inequity of such a change since the City, in comparison to other
local jurisdictions, has historically provided more than its 'fair share' of
affordable housing.
. Potential impacts to project financing and economics.
In response to that referral, this document reviews concerns raised, and provides an analysis and
recommendations regarding a final policy for consideration by the City Council. Topics
discussed include:
I. Housing Element Law/Regional Share and Fair Share Allocations
IT. Policy Background and Current Conditions
ITI. Growth Forecasts and Housing Activity
IV. Financial Issues
V. Financial Implications of the Affordable Housing Program
VI. Methods to Address Affordability
VIT. Affordable Housing Policy Issues
VID. Summary of Recommendations
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I. HOUSING F.T.EMENT LAWIREGIONAL AND FAIR SHARE ALLOCATIONS:
Housing Element Law
As a State-required component of city and county general plans, the Housing Element
is intended to ensure adequate provision of housing opportunities for all economic
segments of the community through efforts such as rehabilitation, conservation, and new
construction. State law requires that the Housing Element be reviewed and updated
every five years. This periodic update is required to assess existing and projected
housing needs and set goals, objectives, policies and programs to address those identified
needs. Part of this process evaluates the effectiveness of a City's present housing efforts
in order to determine .those efforts to continue, refine, expand, or add in response to
changing economic, physical, and social conditions affecting housing.
The Housing Element Law (Gov. Code Article 10.6, Section 65580 et seq) sets forth
specific requirements for the periodic update of local housing plans for review and
certification by the State. Among those requirements is the establishment and allocation
of regional housing needs for new construction to local jurisdictions by the Council of
Governments (SANDAG). These determinations must be consistent with identified
statewide needs, and reviewed in cooperation with the jurisdictions and the State
Department of Housing and Community Development. Using statewide growth forecasts,
SANDAG identifies total projected housing needs for all income levels and allocates
those needs among the Region's jurisdictions. Each jurisdiction must then address its
share of regional housing needs as part of the Housing Element update.
Pursuant to the above noted requirements, SANDAG, in conjunction with the State
Department of Housing and Community Development, prepared an update of the
Regional Housing Needs Statement (RHNS) for the 1990-1996 planning period. The
RHNS defines the Region's existing and projected housing needs, and distributes the
needs for all economic segments of the market among the localities in accordance with
seven criteria required by law (see Attachment A). The criteria are designed to ensure
that all jurisdictions share proportionately the responsibility for addressing regional
housing needs. The allocation process must also seek to reduce the concentration of
lower-income households in cities or counties where high proportions of such housing
already exist. To this end, SANDAG's allocations do take into consideration the City's
past performance on affordable housing. Chula Vista's allocated share of regional
housing needs ("Regional Share") has reduced over time, being 4.8% in 1981,4.7% in
1986, and 3.3% in 1991.
The RHNS was completed in late 1989 and local jurisdictions were subsequently
requested to approve the document for use in Housing Element revisions. City staff
evaluated the RHNS and recommended its adoption by the City Council. On March 13,
1990, the City Council passed Resolution 15552 adopting the RHNS and the housing
need allocations contained therein (see Attachment B).
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Regional Share and Fair Share Allocations
Rel!ional Share
SANDAG's RHNS establishes two distinct forms of housing need allocation to
jurisdictions: "Regional Share" and "Fair Share." "Regional Share" identifies needs for
new construction housing units for all income groups (very low, low, moderate, and
above moderate), and is the allocation the Housing Element is required to address by
State Law. Each jurisdiction's total new construction need is assigned to these four
income groups according to the following percentage distributions established by the State
Department of Housing and Community Development with the State Department of
Finance:
23 % very low 21 % moderate
17% low 39 % above moderate
These distributions are based on existing and projected income and employment statistics
within the San Diego region. For Chula Vista, a total of 5,354 units needed to be
constructed within the City between 1/89 and 7/96 proportionate to these four income
categories:
1232 very low 1,124 moderate
910 low 2,088 above moderate
Based on actual construction activity between 1/89 and 7/91, 2326 units remain for
construction through 7/96. Because a majority of the 3028 units constructed since 1/89
were affordable to moderate and above moderate ranges, the 2326 remaining Regional
Share units should be distributed as follows (see Attachment C for further detail):
1232 very low 131 moderate
628 low 335 above moderate
Fair Share
The concept of "Fair Share" is established pursuant to local policy 'and identifies the
number of lower-income households, both existing and future, needing housing
assistance. Fair Share allocation is not applicable to Housing Element evaluation by the
State, and is discussed here simply to make a clear distinction between it and Regional
Share, which is the basis for State evaluation of the Housing Element. Fair Share differs
further from Regional Share in that it can be met by activities other than new
construction, such as rehabilitation and Section 8 assistance. Fair Share allocations are
identified by the Regional Housing Allocation Formula which was first adopted by
SANDAG in 1979 in conjunction with HUD's Areawide Housing Opportunities Plan
(AHOP) proposal. The AHOP program was to provide incentives in the form of
additional Block Grant monies and federal loans for housing development to jurisdictions
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,
which cooperatively dealt with lower-income needs through a regional "fair share"
approach. The Fair Share concept was supported by member jurisdictions with the intent
that each community accept its share of the region's housing responsibilities in
proportions similar to the demand created by existing lower-income needs, as well as
new demands resulting from growth (see Attachment B). While the local fair share
policy was enacted, the AHOP program was canceled by the Reagan Administration prior
to ever reaching full fruition. At the request of member jurisdictions, however, the Fair
Share concept was retained.
The Fair Share formula identifies total lower-income needs for each jurisdiction, and then
translates that need into a five-year goal defining the minimum level of effort that would
be accepted as reasonable progress· toward meeting that need. That five-year goal
amounts to about 12.5 % of total need (2.5 % per year), primarily in recognition that total
need would exceed available resources over the five-year period. For Chula Vista that
goal for the 1991-96 planning period is 1,058 households.
Perceptions that additional lower-income assistance efforts on Chula Vista's part are
inequitable, since the City has historically provided more than its share within the region,
result primarily from periodic SANDAG performance reports on Fair Share goal
achievement. The most recent of those reports reflects Chula Vista providing for more
than 2.5% of actual lower-income needs annually. This relative "over-performance"
pursuant to provisions of the local Fair Share policy is not synonymous with the
"Regional Share" requirements of State Housing Element Law. The State has
consistently noted that Fair Share criterion are not part of State law, and will not be
applied to Housing Element compliance review (see Attachment D).
Compliance Issues
The State's compliance review will consider the total level of housing activity (termed
"quantified objectives") proposed through various City policies and programs in
comparison to identified needs. Those needs include a variety of assistance to existing
households, as well as new housing units identified by Regional Share allocations. The
City's quantified objectives must represent the "maximum number of housing units which
can be constructed, rehabilitated, and conserved over a five-year time frame." (Section
65583(b». Therefore, the City's Housing Element must include policies and programs
to meet Regional Share allocations, or demonstrate why lesser objectives for new
construction constitute maximum feasible performance. If City policies and programs
can be geared to meet the new construction allocations, then compliance with the law on
that point is clear, whereas the State's determination of compliance becomes more
subjective when a lesser number is said to be the maximum feasible.
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f
Conseauences of Non-Compliance
If a local agency's Draft Housing Element is found by HCD to be in non-compliance,
there are two possible courses of action:
. Amend the Element to substantially comply; or
. Adopt the Element without amendments through a resolution containing written
findings which explain the reasons the draft Element substantially complies with
legal requirements, despite the State's findings.
Upon submission ofa locally adopted Element to the State for its final 12D-day
certification review, the status of "procedural compliance" is attained. However, through
its final review, the State may determinè the findings inadequate, and deem the Element
in non-compliance. In that instance, the City can either amend the document and
re-adopt it, or ask a court to review and decide the compliance dispute. The
consequences of a local agency not achieving compliance through the means described
above can include legal challenges from outside organizations, or restrictions to funding
from various State housing programs.
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IT. POLICY BACKGROUND AND CURRENT CONDITIONS:
City Policy History
For the last 10 years, the City has required that affordable housing units be included
within larger development projects. The requirement was incorporated with the Housing
Element of 1981 as a sub-component of the broader" Affordable Housing Program"
(AHP), which consisted of 20 or so activities intended to facilitate the provision of low
and moderate income housing throughout the City. The requirement that 10% of the
units in projects o~er 50 units be affordable to "low and moderate income" households
was developed to assist in the accomplishment of two fundamental objectives:
. To address Chula Vista's allocated share of regional housing needs, and
. To achieve a "balanced community" exemplified by economic integration of
neighborhoods and avoidance of affordable housing concentration within anyone
area of the City.
With the majority of the City's future growth to occur in proposed master planned
developments east of I-80S, it was necessary to ensure that adequate opportunities be
provided for all income levels. A "10% low and moderate" income provision was
intended to guide planning efforts to develop a variety of housing essential to achieving
the desired integration. With the majority of existing affordable units in Western Chula
Vista, avoidance of undue concentration and the resulting east/west imbalance was also
a strong consideration.
The "10% low and moderate income" provision was broadly written to allow flexible
application of actual low and moderate income percentage levels on individual projects,
with the achievement of regional share allocations and economic balance in mind. The
conditioning of projects at the rate of 5% low/5% moderate-income has evolved as a
matter of practice, not as a specific policy provision.
As housing and economic circumstances have changed, so have the needs for particular
levels of housing affordability. In response, staff has recommended changes to the
Affordable Housing Policy consistent with these needs and conditions,' as outlined in the
following section.
Current Policy Issues
Providing for Chula Vista's allocated share of regional housing needs and achieving a
balanced community continue to be important objectives. With the continuation of
master planned developments in Eastern Chula Vista, the inclusion of affordable housing
remains an important requirement toward meeting these objectives.
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\
In ensuring that the Affordable Housing Policy responds to current and projected housing
and economic conditions, several issues must be recognized:
· Significant population and job growth, coupled with rising land and housing costs,
have increased the number of households needing affordable housing. These
increased needs require expanded efforts.
· Demands for lower-income affordability are greatest as a significant amount of
employment growth has been in the traditionally lower paying retail trade and
service sectors. For Chula Vista, these jobs comprised 42 % of the local economy
in 1985 and are projected to comprise 43% in 1995. These needs are reflected
by the previously presented Regional Share allocations which require 40% of new
construction to be lower-income affordable housing in order to meet needs. In
the City, that allocation equates to 1860 such units over the next five years.
· Changes in regional median income coupled with rising local housing costs have
decreased the amount of lower-income needs being met by the market while
continuing, however, to provide sufficient moderate-income opportunities in both
rental and for-sale housing.
· As land and housing costs in Eastern Chula Vista tend to exceed those in Western
Chula Vista, a general tendency exists for lower-income units to be realized in
the western area. With the majority of new construction to occur in the east,
mechanisms for providing lower-income units within this area are necessary to
maintain desired community balance.
· Current housing finance and marketing are producing mainly single-family
development for middle and upper income households, especially in Eastern
Chula Vista. Policy support for construction of an adequate mix and density of
housing types to provide sufficient lower-income opportunities is necessary.
The following discussions elaborate on the land use and economic considerations of the
policy revision proposed in response to these changes in housing circumstances since
1981.
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. ;
m. GROWTH FORECASTS AND HOUSING ACTIVITY:
.
As indicated earlier, achieving the City's Regional Share allocations must come from new
housing production. There are several growth related factors to consider in developing
policies and programs to provide sufficient new housing units:
· anticipated growth rates;
· land availability, and the capacity of zoning and general planning to provide the
density and variety of housing needed to create affordability at all income levels;
· a five-year construction forecast by unit type to determine if an adequate amount
and variety of housing will be available during the time frame of the Housing
Element.
The following sections evaluate growth forecasts, Chula Vista's development base, and
the local housing market's ability to produce sufficient units to address Regional Share.
These sections evaluate whether additional actions by the City are necessary to provide
an adequate number of units for all income levels.
Series 7 Forecasts
The City Council requested that staff review the SANDAG Series 7 growth forecasts,
which were employed in the determination of Regional Share, to check their consistency
with local conditions. This request resulted from observation of a 1995 forecasted City
population of 132,304 as compared to the April 1990 Census population of 134,165. The
primary cause of this discrepancy is that the Series 7 figure is restricted to the 1986
municipal boundary. In order to compensate for annexation and construction outside the
1986 boundary, a Sphere of Influence figure of 150,878 was also forecasted, and
represents a more realistic comparison.
Series 7 forecasts assume a 2.1 % annual housing growth rate for Chula Vista through
1995 (1113 units/yr. ave.), and are comparable to current City growth management
forecasts which assume a 2.3% annual rate, roughly 1250 units per ye¡i1'. Chula Vista's
actual growth rate between 1/89 and 7/91 was approximately 2.9%, or an average of
1430 units per year. Under these circumstances, it is advantageous that Regional Share
allocations employ Series 7 forecasts, as total allocations are reflective of the lower
growth rate assumptions.
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J
Re¡:ional Share by Income Group
While overall housing production is expected to exceed total Regional Share
requirements, the City is required by law to address provision of units within the four
income categories of Regional Share in its Housing Element. As previously indicated,
Chula Vista needs to address the following levels of housing unit production over the
next five years:
1232 very low 131 moderate
628 low 335 above moderate
These totals are based on construction since 1989, and represent the remainders of the
City's total Regional Share requirements through 1996. The 1860 low and very low-
income units will not be provided by market forces alone, and must be assured, in part,
through obligations for their inclusion within new residential developments. While
moderate and above moderate units can be readily provided under current market
conditions, unforeseen future changes could impact moderate-income affordability as
well. In order to ensure continued production of sufficient moderate-income housing,
the City should monitor market conditions, and while not a recommended policy
requirement, encourage developers to make good faith efforts to provide such housing.
This City must support these efforts through continued land use and zoning practices
which allow for the necessary density and variety of housing.
Housing Capacity and Local Construction Forecasts
The ability of the City to address remaining lower-income Regional Share allocations will
be largely established by the Affordable Housing Policy, since it is designed for
application to larger development projects which will provide the majority of new
construction. The feasibility and effectiveness of that policy rests initially with the
available amount and density of housing from which the requirement could be satisfied.
In general, multi-family units at densities between 15-30 dwelling units an acre present
the greatest potential. The following two sections review the capacity of development
in both Eastern and Western Chula Vista to provide lower-income units toward meeting
Regional Share requirements.
P".tern Chula Vista
In order to measure the capacity of Eastern Chula Vista developments to provide low and
very low-income units, staff reviewed approved and proposed plans, growth management
forecasts, and developers' 5-year construction projections by unit type. The greatest
potential for addressing remaining Regional Share allocations rests with these master
planned communities which will provide over 80 % of new construction activity. Table
1 has been divided to indicate the total unit type capacity of both "approved" and
"proposed" developments, and the level of construction projected over the time frame of
the Housing Element (1991-1996). "Approved" developments are those which have
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·
s
received tentative map approval, and may proceed under the Growth Management
Program. These projects have been conditioned to provide affordable housing under the
existing 5% low/5% moderate-income practice.
"Proposed" developments have not yet received tentative map approvals and would be
subject to the 10% low-income policy under consideration. It is important to further
distinguish proposed projects, since the construction activity indicated is not assured
unless those projects, through their facilities financing plans, can demonstrate growth
management compliance, particularly adequate circulation capacity prior to construction
of an interim Highway 125 facility.
Table 1 illustrates the potential difficulty faced in providing low and very low-income
Regional Share units through Eastern Chula Vista new construction. Approximately 80%
of the approved and proposed units to be built consist of detached and attached single-
family products, which cannot reasonably be made affordable to lower-income
households. The remainder of the units are multi-family for-sale condominiums (857
units, or 13.8%) and rental apartments (483 units, or 7.8%), at an average density of 14
dwelling units an acre. These 1340 units, combined with units which might be
constructed in Western Chula Vista, represent the available housing base from which the
very low and low-income allocations would have to be satisfied.
-11- ) If -JO
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-12- )Lj --;2 I I
-------------
Western Chula Vista
The total forecasted new construction activity for Western Chula Vista for the next five
years is approximately 1250 dwelling units. In Table 2, staff has indicated the maximum
feasible number of units within those 1250 units which could be provided as low and
very low-income affordable through various assistance programs, by projects both
approved and anticipated. Totals expected are 191 low-income units and 245 very low-
income units. These 436 units represent about 24 % of the 1860 lower-income Regional
Share units needed, and indicate a reasonable contribution from Western Chula Vista.
Additional pressure to produce more lower-income units in the west over the next five
years raises concerns on balanced community objectives.
TABLE 2
WESTERN CHULA VISTA· 5 YEAR LOWER-INCOME NEW CONSTRUCTION
PROJECT I PROGRAM I TYPE I TOTAL liVERY LOW ILOW I
I I UNITS " INCOME II NCOME I
====================1==========1======== ========= ========
Approved or Pending I I
----------------- I I
I I ,
SALVATION ARMY ¡seniors I 75 75
DOROTHY STREET I pub. hsg. I 22 22
FIFTH & L STREET I pub. hsg. I 16 16
THIRO & OXFORD I non profi t I 28 10 18
95 MAOISON I den. bonus 3 3
I
I
Anticipated I
---------------- I
I
PUBLIC HOUSING I family 42 42
DENSITY BONUS I family 60 60
DENSITY BONUS Isenior 50 50
TRANSITIONAL I family 20 20
OTHER NON'PROFIT I family 20 10 10
RELOC. HOUSING lfamily 100 50 50
I
-------------------------------------------------------------
-------------------------------------------------------------
Totals: 436 245 191
Regional Share No.: 1232 628
--------- --------
Rema i nder: 987 437
-13-
/ tf - ;2.2-
-----,_.
.
.
,
Citywide Performance Implications
The information presented in Tables 1 and 2 has significant implications for the City's
ability to achieve its lower-income Regional Share, and for the structuring of the Housing
Element and Affordable Housing Policy. In particular is the ability to respond to low
vs. very low-income needs. In summary, the pertinent data from those tables include:
· 7480 total dwelling units are forecast for construction. (It should be noted that
this figure may be high, based on recent and projected slowdowns in residential
development for economic reasons and due to water service limitations.)
· 6230 (83 %) are in Eastern Chula Vista. 1,250 (17%) are in Western Chula
Vista.
· 1340 (21 %) of the 6230 units will be multi-family, the housing type most
practical for low and very low income affordability.
· Of those 1340 multi-family units, 64% are for-sale condominiums and 36% are
rental apartments. The average density is about 14 du/ac.
· Of the 1,250 units expected in Western Chula Vista, 191 (15%) are projected to
be low income, and 245 (19%) very low income.
· In addition to Western Chula Vista projections, 437 low-income and 987 very
low-income regional share units remain to be addressed to the maximum extent
feasible by efforts in Eastern Chula Vista.
The following implications can be drawn from this information:
· For balanced community objectives and Regional Share allocations to be met,
Eastern Chula Vista must significantly contribute to lower-income unit
production, as 83% of the City's new construction will occur there.
· With a majority of the needed Regional Share lower-income units as very low-
income, the Affordable Housing Policy must be structured to address not only
low-income units, but to encourage that very low-income units be achieved when
feasible. To ignore such would place the entire responsibility for very low-
income unit production on Western Chula Vista. In indicating to the State that
the City is providing opportunities to the "maximum extent feasible" for all
income levels, it is imperative that the policy which governs 80+ % of the City's
new construction address both low and very low-income units.
· Since the ability to provide affordable housing for very low-income households
has historically been linked to deep subsidies from the state and federal
-14- /1/;)3
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(
government, the number of such units potentially produced through the policy
could be limited to the availability of necessary funding assistance. In this
manner, while the policy would be primarily focused on creating low-income
units, the opportunity for very-low income units would be provided as the City
is able to leverage its limited funds in cooperation with the County Housing
Authority or non-profit entities. Without specifying a particular number of very
low-income units, such a provision would link "maximum feasibility" to required
funding.
. Current land use and zoning in Eastern Chula Vista offers basic opportunity to
achieve lower-in.come affordability, with 1340 multi-family units projected for
construction over the next five years. The 437 low-income units would comprise
33% of available multi-family units.
As those 1340 multi-family units are at average densities of 14 units an acre, the
City may want to consider General Plan amendments or other forms of density
increases (such as provided by the State Density Bonus law) which would not
only increase the total supply of multi-family units, but also bring relative
densities within the 15-30 unit/acre range typically associated with feasibly
achieving lower-income affordability. As an example, the pro forma presented
later in this Paper analyzes a project at a density of approximately 19 units an
acre.
. Because available multi-family units will be primarily for-sale condominiums,
they as well as rental housing units must be considered as lower-income
candidate. This will necessitate greater emphasis on developing ownership
oriented assistance programs and controls.
Affordable Housing Production
Pursuant to the construction forecast data in Tables 1 and 2, the following table (Table 3)
compares anticipated affordable housing production to Regional Share allocations under
the following two AHP scenarios:
Scenario A: No policy changes are made, and all new projectS continue to be
conditioned at 5% 10w/5% moderate.
Scenario B: New projects are conditioned under a revised AHP with 10% lower-
income.
Although the policy is being recommended to address both low and very low-income
opportunities, its primary focus would be to meet low-income needs. For comparative
purposes, the following analysis has been directed at the low-income portion of Regional
Share allocations.
-15- ;1)-02 '-I
-^--- .--- ---^_..._-------_..~-
TABLE 3 - AFFORDABLE HOUSING POLICY . SCENARIO SUHMARY OF LOW INCOME UNIT PRODUCTION
---------------------------------------.---------------.---------------.-----------.
II TOTAL PROJECT REQUIREMENT II 5-YR. CONSTRUCTION FORECAST I
II SCENARIO SCENARIO II SCENARIO SCENARIO I
EASTERN TERRITORIES 1 APPROVED II A B II A 8 I
PROJECT I UNITS II LOW MOO I LOWER MOO II LOW MOO I LOWER MOD 1
====================1=============11================1================ ================1================1
APPROVED . I II I I I
····················1 II I I I
I II I I I
R.D.R. SPA III I 1380 II 23 I 23 I I
SALT CREEK I 1 540 (1) II 14 41 I 14 41 I I
SUNBOW I 1946 II 97 97 I 97 751 I
EASTLAKE VIL. CEN. I 405 II 19 I 19 1 I
EAST LAKE GREENS I 2774 II 138 139 I 138 139 1 I
BREHM TERRA NOVA I 360 II 721 721 I
----.------------------------------------------- ---------------------------------
sub total: 7405 291 349 0 0 291 327
Minus Regional Share: 628 131
----------------
----------------
Difference: ·337 196
Western t.V. Activity: 191
----------------
PROPOSED - REGIONAL SHARE PERFORMANCE: -146 196
--------------------1
I
EAST LAKE TRAILS I 1260 II 63 63 I 126 II I I
EASTLAKE II I I 1835 II 92 92 I 184 II 1 10 I
SALT CREEK RANCH I 2817 II 141 141 I 282 II 50 141 I 95 1
RANCHO SAN MIGUEL I 1654 II 82 83 I 165 II I 1
TELEGRAPH CANYON I 350 II 17 18 I 35 II 17 18 I 35 I
1·············11················1················1 1·-·-····-·-·--·-1-------------·-- I
sub total: I 7916 II 395 397 I 792 o II 67 159 I 140 o I
·*****··********····*****************************11***********..***********..*******
EAST. TERR. TOTALS: 15321 686 746 10B3 349 II 358 486 431 327
Minus Regional Share: 628 131 628 131
---------------- ----------------
---------------- ----------------
Difference: ·270 355 ·197 196
Western C.V. Activity: 191 191
.....----....... ...--.-----------
REGIONAL SHARE PERFORMANCE: -79 355 -6 196
NOTES:
(1) REQUIREMENTS INDICATED BASED ON RECENT APPROVAL TO ALLOW 2.5% LOW / 7.5% MooERATE INCOME.
-16- JL--I ~ ;)5'
-----.- --"---_._.,-,_.._--~----,._-
Table 3 has been subdivided to indicate total project requirements in comparison to those
units which would be provided over the next five years. The purpose is to indicate the
effect of the policy scenarios on long term affordable housing capacity in Eastern Chula
Vista, as well as in addressing Regional Share allocations for the current planning period.
This distinction is important to make, as the master plan format will see projects
approved and conditioned today which will constitute the City's available housing base
for the next 10 to IS years. As a result, current policy decisions will not only affect the
City's ability to address Regional Share for the current planning period, but that of future
periods as well.
In establishing the need for an increased inclusionary percentage for lower-income units,
the top half of Table 3 illustrates "approved" projects which have already been
conditioned at the rate of S% 10w/S% moderate. (Data for Scenario B is not included
as it is assumed these projects would not be re-conditioned under a revised policy.) A
total of 291 low-income and 327 moderate-income units are indicated, which when
factored with Western Chula Vista figures from Table 2, indicate a 146 unit under-
peñormance on low-income Regional Share and a 196 unit over-peñormance on
moderate-income.
Of particular note is the EastLake Greens project for which Council has "deferred"
peñormance on affordable housing requirements pending the evaluation of density
reductions made during project approval in 1989. Those potential low-income units play
a significant role in the City's total Regional Share peñormance picture.
The lower half of Table 3 illustrates "proposed" projects which have not yet been
conditioned and would be subject to a revised policy. Under the S% 10w/S% moderate
practice (Scenario A), 67 additional low-income units would be produced, but that would
still result in an 79 unit under-peñormance on low-income Regional Share. Under a
revised policy at 10% lower-income (Scenario B), 140 additional low-income units would
be produced and result in essentially meeting Regional Share for the current planning
period. However, the difference in results between the two scenarios is relatively small
during the 1991-96 period, and could be made up for by one or two additional subsidized
projects outside of the affordable housing program.
-17- J'i-02l
-_.._-,._...,._~-_..._.~-_._"-,_.._._.
,
The greatest impact of a revised 10% low-income Affordable Housing Policy would be
on the 1996-2001 planning period. While the 10% policy is projected to create an
additional 73 low-income units in this planning period, it would create an additional 324
units in the next planning period, as illustrated in the table below.
I'rQjected # of Units Under Present and PrQposed AHP
1991-1996 1996-2001
5% AHP 358 328
10% AHP ill ~
Difference +73 +324
Therefore, while a 10% low income requirement would slightly improve performance
during the current 5 year period, it would appear to have a greater potential impact
during the following five year period.
In projecting the level of performance shown under Scenarios A and B, staff assumed
that the affordable units would be built concurrent with the market-rate units and that the
concentration of low-income units would not be limited. The implications of phasing and
concentration issues on affordable housing production are discussed further in Section vn
of this paper.
Summary
The analysis of growth forecasts and housing activity presented above suggests that, at
a minimum, the City should continue its current policy, which requires that all
developers address affordable housing needs, and for projects of fifty dwelling units or
greater, requires developers to "explore methods to devote a minimum of 10% of said
units to low and moderate income housing."
In considering establishment of a more specific affordable housing requirement, certain
issues need to be brought forward. The issues pertaining to establishment of a specific
"inclusionary zoning program" are summarized in a recent article written by Timothy
Coyle, Director of the State Department of Housing and Community Development
(Attachment H). In this article, Mr. Coyle describes some of the potential benefits and
problems associated with inclusionary zoning programs, and points out that in many cases
a rigid inclusionary policy can actually reduce the overall affordability of housing being
produced within the community. He suggests a more flexible approach, wherein cities
provide incentives for production of housing meeting affordable housing objectives,
rather than a strict regulatory approach.
-18- jtj~;l7
-"- - -- --- -------.-...,----,---.---.,-.
-
It is also instructive to look at the approaches being taken by other cities in the region
with regard to this issue (see Attachment I). While at least four cities have adopted
Housing Element policies establishing "inclusionary zoning requirements" (Oceanside,
Carlsbad, San Marcos, and Poway), to our knowledge none of these cities have yet
established a specific pennanent program which implements those policies. Given the
"uneven" track record of such programs throughout the State (as described in HCD
Director Coyle's article), and the lack of successful local experience in inclusionary
zoning programs, the City needs to approach this issue from a realistic and practical
perspective.
To summarize, while a Housing Element policy containing a specific requirement for
10% low-income housing in new developments would appear to improve the City's
ability to meet future regional share requirements for low-income households, staff feels
that the potential disadvantages of a specific inclusionary requirement of this type would
outweigh the potential advantages. Therefore, a more flexible policy which provides
incentives for providing low-income housing is preferable at this time.
RECOMMENDATION 1: That the Council adopt a Housing Element policy which'
shall be applied to all new housing developments except single-family, owner-built homes
on individual lots-of-record. This Affordable Housing Policy (AHP) shall require a
minimum of 10% of each housing development to be affordable to low and moderate-
income households, with at least one half of those units (5 % of project total units) being
designated for low-income households. For developments of less than 50 units, the
developer may pay an in-lieu fee (to be established by the Council) in place of providing
the affordable units.
This policy should be periodically reevaluated to ensure that requirements placed on
projects to be built after the current 5-year planning period will provide adequate
affordable housing opportunities to meet the City's future housing needs.
AHP implementation guidelines shall be developed to achieve flexibility and feasibility
to meet this policy, and to maximize the use of available resources from the City, non-
profit developers, and lenders. These Guidelines shall also establish a matrix of
incentives to encourage developers to exceed the minimum requirem~nts by increasing
the amount of low-income units provided within the 10%, andlor in producing units
affordable to households in the "lower" range of both low-income and moderate-income
standards. The matrix of incentives shall be structured to provide greater incentives for
greater affordability.
In conjunction with the policy implementation, the City shall evaluate the Land Use
Element of the General Plan to determine the extent to which, in warranted cases,
increases in density would facilitate the provision of affordable units. As appropriate,
the City shall consider amendments to the Land Use Element. The City Council should
make this evaluation a priority and request its completion within 6 months.
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IV. FINANCIAL ISSUES:
The central issue facing Chula Vista and other cities in the region is how to balance growth, the
quality of life, and housing opportunities. This section is an analysis of the factors which affect
the cost of housing, the cost of producing affordable housing, and methods to address the
affordability gap.
The rise in regional housing costs over the past decade can be attributed to several interrelated
factors. These include strong economic growth, rapid population growth, diminishing land
resources, and stronger environmental regulation. These factors have created upward pressure
on housing prices and have made affordable housing development largely unprofitable.
The City has control over four factors which can significantly reduce the cost of housing
development: density levels; parking and public facilities requirements; design standards; and
development fees. While the City may wish to consider altering these standards to make
affordable housing development feasible, any deviation should be evaluated to determine its
effect on the quality of housing and quality of life.
Current Market Conditions
Over the last year, residential construction activity in San Diego County has been at its lowest
levels in 10 years. New housing starts are down 40.5% and multi-family development activity
is down approximately 70% from 1990 levels (San Diego Economic Bulletin, July 1991).
The building industry attributes the slump in multi-family housing construction to lending
conditions. The equity requirement for multi-family lending is as high as 40% (as compared to
10% previously) and the return on investment is lower than it was prior to 1986 (when the
federal tax advantages were eliminated).
Over the past five years, residential construction has been largely for-sale development, which
produce profits in a shorter time frame. In a for-sale development, the developer is not required
to make a long-term equity investment nor to secure long-term financing.
In the 5-year construction forecast (Table 1), only 7.8% of anticipated construction is targeted
for multi-family rental units. Low activity in rental housing construction could cause inflation
in rents. Chula Vista's current rental vacancy rate is 3.4% (San Diego Apartment Association).
If the rental vacancy rate remains low, rent escalation will directly decrease the supply of
affordable housing (unless incomes rise as rapidly as rents).
Homeownership Affordability
The cost of a median-priced single-family home is beyond the means of 77% of San Diego
County residents (San Diego Economic Bulletin, November 1991). Since 1975, housing prices
have more than quadrupled. The American dream of owning a single-family home has moved
-20- )L¡~J-I
'--_.__.~-_._-_.__..-._".__...
-
,
beyond the means of many moderate-income households in San Diego County, including families
of police officers, teachers, and machinists.
Lower-priced homes continue to rise in price even as the overall market declines, making it
especially difficult for the first-time home buyer. During a recent 6 month period, a composite
of lower-priced housing areas increased by 2.8 percent while the overall market declined by
1.6% (San Diego Economic Bulletin, July 1991; figures not adjusted for inflation).
In Chula Vista, homeownership has become significantly less affordable for low and
moderate-income families. During the past five years, housing prices increased by 60% while
the local consumer price index rose by just 23% (San Diego Economic Bulletin, July 1991).
Presently, single-family homes are selling in the $160,000 to $250,000 range (Multiple Listing
Service). The median-priced home is selling for $180,000 (San Diego Union).
Market Housine Prices and Affordable For-Rent Housine
As shown in Attachment E, the AHP levels of affordability have been defined as 80% of median
income for low-income and 120% of median income for moderate-income households. These
defmitions target only the hi¡¡hest percentiles of the low-income and moderate-income ranges.
As far as the State is concerned, these defmitions are satisfactory for the purpose of meeting
regional share goals.
One shortcoming of these definitions is that they do not guarantee that housing will be
constructed which is affordable throughout the entire range: 51-80% of median income for
low-income households and 81-120% of median income for moderate-income households. As
shown in Attachment F, the lowest percentile of rental opportunities for households on the
western side is 61 % and on the eastern side is 70%. The market is not providing affordability
for the 51-60% range on the Western side nor for the 51-70% range on the Eastern side.
If a primary purpose of the City's affordable housing program is to provide new housing
opportunities for all economic segments of the population, then it should be designed to produce
housing for the entire low-income range. The AHP should encourage an equitable geographic
distribution of affordable housing, creating new housing opportunities on the eastern side
comparable to those provided by the market on the western side.
RECOMMENDATION 2: For the purpose of meeting regional share goals, the City's
affordable housing program shall defme low-income and moderate-income in accordance with
State law. (Current definitions are 51-80% of median-income for low-income and 81-120% of
median income for moderate-income).
-21- )L/~30
-.-....-..,.- -,-~--,._- '^' - ,..- --_.,--_._.,._-.-~----_._._, ----..,
j
Market Rate and Affordable For Sale Housinl!
Low-income households cannot afford to purchase a home in Chula Vista without direct fmancial
assistance. Condominium and townhome units, which are the most affordable for-sale housing
units, are currently selling in the $100-160,000 price range in Chula Vista.
From the data previously presented, it appears that the market will provide adequate for-sale
housing opportunities for moderate income households to meet the City's regional share.
However, on the eastern side of the City where the majority of new construction is expected to
occur, the market is currently providing few moderate-income units. Two-bedroom attached
units are selling for $140-168,000 and three bedroom units are selling for $165-190,000. A
$165,000, 3 bedroom is barely affordable to a six-person moderate income household with a
10% downpayment. All the other prices are out of the moderate-income affordability range.
Presently under the City's AHP, 111 moderate-income for-sale units are planned for
development in the next two years. A project which includes 72 affordable condominiums will
be built in Terra Nova, and the Baldwin Company will be building 39 affordable condominiums
in Salt Creek 1. If the demand for above moderate-income housing is strong throughout the
planning period, the Affordable Housing Program may be the only way to ensure
moderate-income affordability on the eastern side of the City.
RECOMMENDATION 3: The City shall encourage, through the plan review process and
negotiations with developers, for-sale housing opportunities in the moderate-income range.
Moderate-income affordability shall be based on not more than 33 % of gross household income
applied toward the total housing payment, including principal, interest, taxes, insurance,
homeowners fee, and assessment fees.
-22- )tf -3 (
_ ~__ _._____ ______··_~____·_.__~.'·_m_
f
v. FINANCIAL IMPLICATIONS OF THE AFFORDABLE HOUSING PROGRAM:
The Cost of the ¡nelusionary Housin2 Requirements
A key question is what is the actual cost to provide affordable housing if the City requires
developers of 50 units or greater to develop 10% affordable housing. The cost of the
inclusionary requirements will vary greatly from development to development depending on the
size of the project, the housing types, and the density allowed. Where the cost of developing
affordable housing will not provide an adequate rate of return for the developer, the inclusionary
requirement becomes, in essence, another development fee.
For the developer, the affordable housing requirement is a cost which will either lower profits
andlor be incorporated into the cost of the market-rate units in the development. This additional
cost raises the concern that the market rate units may become less competitive with similar units
in other developments.
Financin~ Affordable Rental Housin~
Upon the request of staff, Eastlake and Baldwin submitted pro-formas for multi-family housing
projects involving 80% market-rate and 20% low-income rental units (80/20 project). Based on
these pro-formas, a generic pro-forma for a 80/20 project has been developed (see Attachment
G, which was provided by South Bay Community Services Community Development Program).
South Bay Community Services found that the generic project will provide an 11 % return on
investment over the 40 year life of the project. The $23.4 million, 267 unit project will require
a $9 million equity investment, which will be paid back to investors within 12 years. The equity
investment represents 38 % of the development cost (net operating income will service debt
covering 62 % of the development cost).
Finding the equity to invest in the project would be a problem for developers. Given present
economic conditions, lending regulations, and tax structure, this type of development is difficult
to undertake. At this time, very few 100% market-rate apartment projects are being built.
Without a change in market conditions, multi-family projects will need to be subsidized with
local, state, and federal funds. Non-profit developers who have been successful in developing
low-income housing have taken advantage of such subsidies, which include land write-down,
below market-rate loans, loan guarantees, and state and federal tax credits. A joint venture
between a non-profit and for-profit developer holds great potential for creating affordable
housing.
Four non-profit housing corporations are currently active in the South County. They are Casa
Familiar, Civic Center Barrio/Hermandad Mexicana, MAAC Project, and South Bay Community
Services.
-23- ) ~/-J2
. -,._--_.,-"--------
-
.
Financin~ Affordable For-Sale Housin¡
Utilizing data on a proposed for-sale housing project planned for eastern Chula Vista, staff
analyzed the impact of a 5% low/5% moderate-income requirement on a prototype 520 unit
development. This development includes 166 single-family detached, 213 townhomes, and 141
condominiums; all 52 affordable units are to be built in the condominium project. Market prices
are based on comparable area for-sale prices. In accordance with tables indicating affordability
levels in Attachment E, a moderate-income household can afford current market-rate two- and
three-bedroom condominium units. Therefore, it does not appear that a 5 % moderate income
requirement places a financial burden upon the developer.
The following criteria have' been used to analyze this project: 26 two-bedroom and 26
three-bedroom condominiums; household income = 80% of median adjusted for household size
with two persons per bedroom; fixed rate loan at 9.5% with 5% down; 33% of household
income for housing expenses, which includes principal, interest, taxes, mortgage and house
insurance, homeowner association fees, and special assessments.
The gap between the market price and the affordable low-income price is as follows:
Unit size Market nrice Affordable price G~
2bdrm $ 110,000 $ 75,550 $ 34,452
3bdrm 138,000 91,360 46,640
The total gap for providing the 52 low- and moderate-income units described above is
$1,054,196. If this amount is spread evenly across the other market rate units, then the average
cost increase per market-rate unit would be $2,253. However, as any price increase is limited
by what the market will bear, the subsidy of the affordable units would probably be spread
proportionately (e.g., on a percentage basis).
.
-24- ) i- 33
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f
VI. METHODS TO ADDRR\;S AFFORDABILITY:
This affordability gap does not have to be filled solely by the developer. Various public and
private resources can be utilized directly by the developer or through City assistance reducing
the subsidy by 10 - 40%). Many of these resources are listed in the section below.
State and Federal Housing Programs
The Rental Housing Construction Program (RHCP) is a competitive program which provides
construction and permanent financing at 3% interest. RHCP funds have been exhausted but
additional funding will become available if California voters approve a new bond issue in June
1992.
The California Housing Finance Agency (CHAFA) offers various subsidies to first-time home
buyers, including below market rate loans (interest rates 1-2% below market) and $5,000 silent
seconds. CHAFA is also initiating a new program to guarantee conventional home mortgages,
similar to the FHA program (but at a lower cost). These programs are also dependent upon
voter approval of housing bonds issues.
Low-Income Housing Tax Credits is a highly competitive program which provides equity for
affordable housing development. To raise equity, the tax credits are syndicated through private
financial institutions or, for non-profit projects, through the California Equity Fund. The tax
credit program must be renewed by Congress on an annual basis.
Lender Assistance
Under the Community Reinvestment Act, banks are required to increase lending for low-income
housing. They have formed consortia and pooled their capital for such loans. A developer can
secure pre-development, construction, and permanent financing for low-income housing projects
through SAM CO, CCRC, Low Income Housing Fund, and other consortia. The funds available
from these consortia are growing significantly.
Many banks have initiated new loan programs targeted to first-time homebuyers (e.g.,
Community Homebuyers Program through G. E. Mortgage). These programs have relaxed
underwriting standards which include a 33% debt to income ratio, 5% downpayment, and no
cash reserve requirement.
The Federal Home Loan Bank has a competitive program, the Affordable Housing Program, to
subsidize construction and permanent loans for low-income housing through member institutions.
Joint Venture with Non-profit Organizations
Non-profit housing developers are typically given preference for affordable housing loans from
both public and private sectors, as well as equity sources such as Low-Income Housing Tax
Credits. These joint ventures do not necessarily prevent the developer from making a profit as
is demonstrated in Attachment E.
J1-! ~J 1
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-
f
Corporate-Assisted Housing Programs
Some corporations in San Diego County have begun to assist their employees to purchase
homes. Many companies do not pay their skilled and professional employees salaries sufficient
to purchase housing in the high-priced local market. The company benefits from this program
through higher retention of valued employees.
City Participation in the Afl'ordable Housing Program
The City's primary interest in implementing an inclusionary policy is to meet regional share
goals and create balanced communities. While the City's direct participation in subsidizing
lower-income housing is disCretionary, the City may wish to assist developers in providing
affordable housing opportunities in one or more ways described below.
Local Funds: The Redevelopment Agency's Low and Moderate Income Housing Fund receives
revenues of about $1 million annually. In addition, the City will receive $748,000 of federal
HOME funds over the next two years. Because these funds are very limited and are in high
demand, projects providing very low-income units should be given priority. The City makes
the best use of local funds when it is able to leverage other larger sources of funds or make gap
financing loans.
Competitive State and Federal Funds: The City of Chula Vista was recently awarded over $2
million of Mortgage Credit Certificates (MCC). The MCC can be used by the homeowner to
reduce their taxes by 20 %, thus increasing income available for their housing payment. If these
mortgage credit certificates (MCCs) were used by the 52 low-income hOlnebuyers in the
prototype for-sale project described above, the affordability gap could be reduced by 38 %. The
MCCs increase the purchasing power of the low income household by $10 to 15,000.
Density Increases: Fifteen to thirty units of density per acre is necessary to build affordable
multi-family housing. Some master-planned communities in Chula Vista do not have any density
in this range (e.g. Rancho San Miguel) and others have very limited amounts. In approving
general development plans and SPA plans, staff and Council may wish to look at creating
sufficient density to allow affordable housing development. For projects already in the pipeline
the City may want to consider density transfers or general plan amendments to increase density.
Density Bonus Pro2ram: Under the new State Density Bonus law, the City is required to grant
a 25 % density bonus if the developer agrees to restrict the 20% of the pre-bonus units to low
or very low-income households occupancy for a period of ten years. If City gives other
incentives, the duration of affordability would be increased to 30 years. Under the new law, the
rent restrictions has been lowered to 30% of 60%; a developer will need to calculate whether
the density bonus units and other incentives will compensate for the decreased income from
rents .
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f
Restructure DIF Fees or Participate with Infrastructure: The City could assist by restructuring
the DIF fees to provide a fee reduction on the affordable units. One problem with the DIF fees
is that the developer pays the same fees on a 800 sq. ft. townhouse as on a 2500 sq. ft. single
family house. This creates an incentive to build larger, higher-priced housing units. One
possible alternative approach would be to base the development impact fee either on the square
footage of residential development or number of bedrooms, which may improve the affordability
of smaller units.
However, it should be noted the DIF fee is tied to the true cost of providing adequate public
facilities and services. If the restructuring created a funding gap, the difference would either
have to be made up with loca.l funds (e.g. redevelopment housing set-aside funds) or by the
acceptance of a lower level of public facilities and services.
Relax Desil!n Standards and Buildin~ Codes: Relaxing the City's design standards or building
codes requires careful analysis by both the City and the developer. Lower parking standards,
narrower streets, or reduced open space requirements may create a less desirable living
environment; however, it could substantially increase the amount of developable land. Relaxing
certain types of standards may make the overall community less desirable and lessen the value
of market rate units. This approach could thus result in long-term negative social impacts to the
community which would outweigh any short-term improvement to housing affordability.
Down-sizing the affordable units can also reduce costs, although not as significantly as
effectively increasing density. However, again the long-term social impact of this approach
needs to be considered.
RECOMMENDA nON 4: The AHP implementation guidelines shall identify ways in which the
City, non-profit developers, and the private sector can assist developers to fulfill their affordable
housing requirements. The developer should be required to demonstrate the feasibility of
providing affordable housing. The City should make a good faith effort to assist the developer
to address the cost of providing the affordable units.
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\
VB. AFFORDABLE HOUSING POLICY ISSUFS:
Affordable Housing Types
Although a majority of the housing units planned during the next five years are single-family
detached, staff believes it is unreasonable to require these units to be designated as affordable
units given the difference between the affordable price and the market price. The AHP
implementation guidelines should allow developers to meet their requirement with for-sale
attached housing and multi-family rental housing. The implementation guidelines should address
the need for a variety of sizes of affordable units including 3 and 4 bedroom units for families.
Limiting the Concentration oC Affordable Housing
The percentage of affordable low-income units in a given project or neighborhood is an issue
as is the distribution of these units throughout the complex or neighborhood. In the past the City
has not limited concentration except in public family housing projects (to 25 units).
One consideration is the limited amount of land in eastern Chula Vista with sufficient density
to build affordable multi-family projects. Given the low percentage of medium high and high
density in the eastern communities, a restriction on concentration may make it more difficult to
achieve the affordable housing requirement. For example, a 25 % low-income concentration
restriction would require a development to have 4 times its low-income requirement in approved
multi-family units. To illustrate this example, a 2000 unit project with a 200 unit low-income
requirement would need a base of 800 multifamily units in order to meet the concentration
restriction. However, there may be creative approaches to project design which could also
address this issue.
Another consideration in restricting concentration is that certain types of projects require 100%
concentration, e.g. Navy housing, HUD Section 202, senior density bonus housing, and public
housing. The key to making these projects fit successfully into the community is good on-site
management and appropriate design standards.
RECOMMENDATION 5: The AHP implementation guidelines shall identify creative ways in
which affordable housing projects can be successfully integrated into planned communities,
taking into consideration social factors, programmatic constraints, and the 'amount of multi-
family units in the project.
Phasing oC the Affordable Units
In order to meet Regional Share, the City will need to ensure that affordable units be built in
proportion to overall development. The AHP implementation guidelines should phase in the
construction of the affordable units throughout the development project time frame. It should
not allow affordable units to be deferred to the end of a project.
-28- /'--/-J7
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-
¡
The AHP implementation guidelines also need to factor in the relationship between the master
plan developer and merchant builders. If the affordable units are deferred and become the
responsibility of a single merchant builder in a late phase, it may make his/her project financially
infeasible.
Phasing requirements are especially critical as growth management policies may restrict
implementation of later phases of a SPA. For example, a finite number of building permits will
be allowed in eastern Chula Vista prior to Highway 125 completion. Consideration of this factor
can help assure timely affordable housing development.
Phasing may need to be reviewed on already conditioned projects. Because of the low
percentage of planned multi-family development in the approved master-planned communities,
the City should encourage the affordable housing to be developed in the early phases. This will
be critical for meeting the low-income regional share goal during this planning period.
RECOMMENDATION 6: The AHP implementation guidelines shall include phasing
requirements which will ensure timely development of the affordable units in the earliest
development phase possible. The guidelines shall allow consideration of the logical development
of the units in terms of facilities, the general development plan, financing, and merchant builder
involvement.
Duration of Affordability
Some criteria need to be established to maintain affordability over time. Under the City's AHP,
the duration of past restrictions have ranged from 10 to 30 years on rental units (depending on
the programmatic restrictions); no restrictions have been placed on for-sale units. For sale units
are more problematic to restrict than rental units due to appreciation in value. Examination of
past efforts under the City's affordable housing program can provide some insight on how to
proceed into this new planning period.
In Eastlake, for-sale units sold to low income families 5 years ago are presently selling in the
moderate-income range as the result of rapid appreciation in value. (These units were not
assisted by public funds.) Apartments complexes developed in Rancho Del Rey under the AHP
will become market-rate by 1996 as the Io-year affordability restriction expires. (Due to the
way in which low-income rents are calculated, some of the restricted rent levels permitted under
housing cooperation agreements actually exceed market-rate rents.)
RECOMMENDATION 7: The AHP implementation guidelines shall include specific methods
to maximize the duration of affordability restrictions on low-income rental units produced under
the Affordable Housing Program. The City shall ensure the continued affordability of assisted
low-income and moderate-income for-sale units by recapturing a percentage of the appreciation
at the time of sale. These recaptured funds shall be used to fund an on-going affordable
homeownership program. An assisted unit is any unit so designated whose affordability has been
created through a subsidy of public funds, special incentives, or other discretionary
-29- /'1 / J g"
---...-,...."..-...,.....---.....,..,..
considerations to the unit or the project as a whole. State density bonus units and Section 8
assistance carry their own duration restrictions and therefore are excluded from this defInition.
Impact of the AHP on Overall Development Fees
The inclusionary housing requirement is like a development fee in that it should be calculated
into a pro-forma as an overall development cost. The City should consider how this "fee"
increases the level of total development fees in Chula Vista. There is a point at which the total
amount of development fees could make a given project infeasible.
The City should examine where this feasibility point is and consider placing a cap on the
developer's "fee" for affordable housing. This cap could be determined according to a per
market-rate unit cost for providing affordable units (e.g. $6,000 per market rate unit). If the
cost of providing the affordable units exceeded the cap, then the affordable housing requirement
would be reduced appropriately. Or as a last resort option, the cap amount per unit could be
paid as an in-lieu fee or credited toward a land set-aside.
A Regional Affordable Housing Program
SANDAG has recently identifIed the infrastructure needs of the region for the next 20 years and
estimated the cost of this at several billion dollars. It is anticipated that developers will have to
pay for their fair share of this infrastructure cost as they undertake development.
The cost of providing the regional share of affordable housing could also be calculated on a
regional basis. Based on this calculation, SANDAG could develop a regional Affordable
Housing Program and implement a fair Housing Development Impact Fee. SANDAG could also
assist local jurisdictions to determine the value of various types of offsets, e.g. reduced parking
standards. The advantage of a regional approach would be to "level the playing fIeld" for
developers and local jurisdictions and establish comparable levels of development fees for all
jurisdictions. Currently, a developer in a city with an inclusionary requirement or affordable
housing policy is at a competitive disadvantage with a developer in a city without one.
It should be recognized that the concept of regional impact fees is a controversial one, given its
potential effects on overall housing affordability and economic development. However, there
should at least be an effort to evaluate and monitor on a regional basis the "level of effort"
which the various local jurisdictions are applying to meeting their regional share requirements,
so that jurisdictions which are conscientiously attempting to meet their regional share obligations
are not pen~ 1i7.ed either fiscally or economically.
RECOMMENDATION 8: The City shall encourage SANDAG to develop a regional Affordable
Housing Program in order to "level the playing fIeld" for developers and local jurisdictions.
This regional program should create consistency in the requirements and incentives of local
affordable housing programs, including the amount of in-lieu housing fees and the value of
various offsets.
/L/3(
----.-- -.--.-.-..----.-....-.- - -.-.-----.------...--.-"
" ill. SUMMARY OF RECOMMENDATIONS
RECOMMENDATION 1: That the Council adopt a Housing Element policy which shall be
applied to all new housing developments except single-family, owner-built homes on individual
lots-of-record. This Affordable Housing Policy (AHP) shall require a minimum of 10% of each
housing development to be affordable to low and moderate-income households, with at least one
half of those units (5 % of project total units) being designated for low-income households. For
developments of less than 50 units, the developer may pay an in-lieu fee (to be established by
the Council) in place of providing the affordable units.
This policy should be periodically reevaluated to ensure that requirements placed on projects to
be built after the current 5-year planning period will provide adequate affordable housing
opportunities to meet the City's future housing needs.
AHP implementation guidelines shall be developed to achieve flexibility and feasibility to meet
this policy, and to maximize the use of available resources from the City, non-profit developers,
and lenders. These Guidelines shall also establish a matrix of incentives to encourage
developers to exceed the minimum requirements by increasing the amount of low-income units
provided within the 10%, andlor in producing units affordable to households in the "lower"
range of both low-income and moderate-income standards. The matrix of incentives shall be
structured to provide greater incentives for greater affordability.
. In conjunction with the policy implementation, the City shall evaluate the Land Use Element of
the General Plan to determine the extent to which, in warranted cases, increases in density would
facilitate the provision of affordable units. As appropriate, the City shall consider amendments
to the Land Use Element. The City Council should make this evaluation a priority and request
its completion within 6 months.
RECOMMENDATION 2: For the purpose of meeting regional share goals, the City's
affordable housing program shall define low-income and moderate-income in accordance with
State law. (Current definitions are 51-80% of median-income for low-income and 81-120% of
median income for moderate-income).
RECOMMENDATION 3: The City shall encourage, through the plan review process and
negotiations with developers, for-sale housing opportunities in the moderate-income range.
Moderate-income affordability shall be based on not more than 33 % of gross household income
applied toward the total housing payment, including principal, interest, taxes, insurance,
homeowners fee, and assessment fees.
RECOMMENDATION 4: The AHP implementation guidelines shall identify ways in which
the City, non-profit developers, and the private sector can assist developers to fulfill their
affordable housing requirements. The developer should be required to demonstrate the
feasibility of providing affordable housing. The City should make a good faith effort to assist
the developer to address the cost of providing the affordable units.
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--_..._--,...._--,--,.---,...."--------_...-
RECOMMENDATION 5: The AHP implementation guidelines shall identify creative ways in
which affordable housing projects can be successfully integrated into planned communities,
taking into consideration social factors, programmatic constraints, and the amount of multi-
family units in the project.
RECOMMENDATION 6: The AHP implementation guidelines shall include phasing
requirements which will ensure timely development of the affordable units in the earliest
development phase possible. The guidelines shall allow consideration of the logical development
of the units in terms of facilities, the general development plan, financing, and merchant builder
involvement.
RECOMMENDATION 7: The AHP implementation guidelines shall include specific methods
to maximize the duration of affordability restrictions on low-income rental units produced under
the Affordable Housing Program. The City shall ensure the continued affordability of assisted
low-income and moderate-income for-sale units by recapturing a percentage of the appreciation
at the time of sale. These recaptured funds shall be used to fund an on-going affordable
homeownership program. An assisted unit is any unit so designated whose affordability has been
created through a subsidy of public funds, special incentives, or other discretionary
considerations to the unit or the project as a whole. State density bonus units and Section 8
assistance carry their own duration restrictions and therefore are excluded from this definition.
RECOMMENDATION 8: The City shall encourage SANDAG to develop a regional
Affordable Housing Program in order to "level the playing field" for developers and local
jurisdictions. This regional program should create consistency in the requirements and
incentives of local affordable housing programs, including the amount of in-lieu housing fees and
the value of various offsets.
-32- /1/'1/
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.
¡
ATTACHMENT A
CRITERIA FOR CONSIDEliTION IN THE DISTRIBUTION OF
REGIONAL HOUSING NEEDS TO LOCAL JURISDICTIONS
Pursuant to State Housing Element Law, Government Code Section 6SS84, following are the
seven factors to be employed by the Council of Governments (SANDAG) in establishing each
jurisdiction's "Regional Share" of new housing needs for all income groups:
· market demand for housing
· employment opportunities .
· availability of suitable sites and public facilities
· community patterns
· type and tenure of housing need
· loss of units in assisted housing development to non-low-income use through
mortgage/repayment, subsidy contract expiration, or termination of use
restrictions
· housing needs of farrnworkers and other disadvantaged segments of the housing
market
.
,
-31-
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- ~,--,-".,_..,-_._--,,,,.._._..-
-
. . ,'.... !
ATTACHMENT B'
RESOLUTION NO. 15552
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE REGIONAL HOUSING NEEDS STATEMENT FOR
THE PERIOD 1991-1996 AND ÂDOPTING THE REGIONAL SHARE AND
FAIR SHARE ALLOCATIONS THEREIN
The City Council of the City of Chul a Vista does hereby resol ve as
follows:
I
WHEREAS, on January 17, 1984, the San Diego Association of Governments
adopted a Regional Housing Needs Statement for the period 1984 to 1990, which
reconunended the regi onal share and "fair sh~re" of housing needs for each
jurisdiction as part of the San Diego region's total housing needs; and
WHEREAS, the City of Chula Vista adopted the Regional Housing Needs
Statement and the Regional Housing Allocation Formula as part of its Housing
Element; and .
WHEREAS, the existing Statement and Formul a relied upon the 1980
Census, Series 6 Regional Growth Forecasts, and other information available at
that time; and
WHEREAS, the effective period of the Statement and Formula (1984-1990)
is about to lapse; and
WHEREAS, the jurisdictions in the San Diego regi on are submitting
revised Housing Elements for review and conunents by the State Department of
Housing and Conununity Development; and
,
WHEREAS, the State Housi ng law requi res each juri sdi cti on to i denti fy
its share of the region's housing need as part of its Housing Element and to
avoid the concentration of lower income households; and
.
WHEREAS, the San Diego Association of Governments has revised the
Regional Housing Needs Statement and Formula for 1991-1996 which uses the 1980
Census, Series 7 Regional Growth Forecasts, and other information currently
available; and
WHEREAS, the adoption of the revised Regional Housing Needs Statement
would provide a step in a locally developed method of addressing housing needs
of all households.
NOW, THEREFORE, the City Council of the City of Chu1a Vista does hereby
resolve as follows:
jt// '-/3
. .-.-...., _.---~_._"'_._._-,-
-
, Resolution No. 15552 .
. -
Page 2
1. The City of Chula Vista recognizes the Regional Housing Needs
Statement, including the Regional Share and Fair Share goal numbers as
indicated in Exhibit A & B attached hereto and incorporated as though fully
set forth herein, for use in the City of Chula ~ista Housing Element revisions.
2. The City of Chula Vista hereby adopts its regional share of 3.3
percent, and its "fair share" allocation of 4.9 percent and a five-year goal
to assist 1,058 lower income househol ds IS part of the total lower income
household goal for the region (21,728).
Presented by: Approved as .to form by:
~~df=
f(~ert A. el er
Director of Planning
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,- .,--'"-,-,--,.------.--
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. Reso1 uti on No. 15552
Page3
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Resolution No. 15552 .
Page 4
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EXHIBIT B
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-,_..,,--~--~.-----
.
, I
. Resolution No. 15552
.
PageS
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of March, 1990 by the following vote:
AYES: Councflmembers: Malcom, McCandliss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councflmembers: None
-
ABSTAIN: Councflmembers: None
.
.
ATTEST:
~l!r.~rt~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA ) ,
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing 'Resolution No. 15552 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 13th day of
March, 1990.
Executed this 13th day of March, 1990.
~~(!.,{l~{f./,
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- - ~~._._--_._--_._._~._.._-_...__..._-
ATTACHMENT C
Regional Share allocations apply to the period starting January 1989. In the RHNS, SANDAG
proportionately reduced the allocations for the period from July 1991 to July 1996 to assist local
jurisdictions, since that period closely coincides with local Housing Element update timeframes.
While SANDAG's adjusted figures provide a benchmark, state law requires actual allocations
for the 7/91-7/96 period to be determined by subtracting local housing construction activity for
1/89 to 7/91 (by income group) from the January 1989 total allocation figure. In Chula Vista's
case, total construction activity for that period exceeded SANDAG's interpolation by 1,243
units, and thereby would constitute a reduction of Regional Share allocation figures shown in
the RHNS as adopted by the City Coùnci1 on March 13, 1990. The revised remainder of needed
construction activity by income group is shown in the right hand column.
.
The need to provide 628 new low-income units over the next five years will, in large part, be
met by units required under the Affordable Housing Policy and Program, as the majority of new
construction will occur in large projects east of 1-805.
REGIONAL SHARE ALLOCATION
CHULA VISTA AND SAN DIEGO REGION
1989-1996
REGIONAL NEEDS STATEMENT'
Region Actual City' City Re¡lanol
Allocotlon by Chulo VIsto 1/89 to c.v. .. Construction Shere a.lance
Jnc:ome GroUD 1/89 to 7/96 7/96 X Reaior. 1/89 to 7/91 7/91 to 7/96
Very Low (231) 1,232 37,313 3.3 . (OX) 1,232
low (1711:) 910 27,579 3.3 282 (9'1) 628
Moderote (211) 1,124 34,068 3.3 993 (331) 131
Other (39'1) U§.!! AUé2 3.3 Lm 1m2 ill
TOTAL 5,354 162,229 3,028 2,326
-
IBased on SANDAG Regional Housing Needs statement - Table A,
July 1990.
2Based on city records, and construction activity in accordance
with state Department of Finance annual reporting.
,34-
JL-/ ~ 1/ g
-- - _.~-- -. -~---_._--~------
-
J~A1t Of '~IIFOINIA OIOI:OE DeUlM!JIAN. ~,
]t>EPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT @
Division of Housing Policy Development
P. O. Sox 952053
J Sacramento, CA 94252-2053
ATTACHMENT D
August 8. 1990
-
Michael' McLaughlin
Senior Regional Planner .
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Dear Mr. McLaughlin:
Thank you for Ihe copy of the dtaft "Regional Housing Needs Statement· for San Diego
County which you provided to us. We understand that the plan is being reviewed by your
members and will soon be presented to your Board for adoption.
We have reviewed the plan for conformance with the provisions of Government Code
Section 65584. Subject to Ihe understandings and actions described below, in our
opinion, the draft plan conforms to statutory requirements. If there are any changes in
the plan. we will review those independently of this finding.
The Instructions in paragraph 2 on page 102 may not be sufficiently clear to prevent
misunderstandings In the housing element review process. ., n reviewing housing
~ eiements, we will require that each locality account for Its allocation of construction
needs from January 1, 1989 to July 1, 1996 by the four Income group percentages'
shown In Table 56. Localities may subtract units completed since January 1, 1989.
Subtractions by Income group should be based on evidence of the Income ,levels for which
. the housing was provided. Tbe Instructions on page 102 refer 10 net surpluses and net
. shortages. and this method can be used; but localities should understand that this is to be
" done by Income group served by the new units. Because January 1990 DOF estimates
will be helpful In updating construction needs, we recommend that you provide a copy of
'~ those estimates. A copy of DOF's Report E-5. May 1990, Is enclosed.
The plan Indicates that "Fair Share" goals are calculated on the basis of a "2.5 percent
per year 'good faith' effort." As previously stated In our letter of June 11, 1984 on
your last plan, we must note that this criterion Is not part of State housing element law,
and that this Department will not apply It In Its housing element review..As your plan
, Indicates on page 3, quantified objectives pursuant to Government Code Section
. &5583(b) call for "the maximum number of housing units that can.be constructed,
...rehabilitated and conserved over. five-year time frame."
.
/Ll/t/f
24S
---"-,,--_..._--
,
-
....
Michael McLaughlin --
Page 2 ,
.A
The plan does not discuss the eO-day local revision period provided for In Section
65584. We recommend that you provide each local government with written notice of .-
this provision. - -
If you have any questions, please feel free to contact Camilla Cleary of my Itaff at any -
time at (916) 323·3180. We look forward to continuing to work with you on planning
to meet the housing needs of San Diego County. . -
-
Sincerely, _.
;
-
'i 1r;;;t. ':J. . . -.
Na cy J. Jat-for, ~f Q -
Div Ion of ousing Polic evelopmenl
-~
-
Enclosure -..
-
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--
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--
. --
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246 ]
_ ---.-.-- -.-. ..."'''.-"---..--- ---,.~---
Attachment E
Affordable Housing Program-Definitions of Affordability
The City bas not adopted specific definitions of affordable rental and for-sale housing. The
affordable rent and housing payment levels which staff proposes is as follows: (Note: The size
of household is assumed as follows: For rent units: I bedroom-2 persons; 2 bedroom-3
persons; 3 bedrooms-5 persons. For-sale units: 1 bedroom-2 persons; 2 bedrooms-4 persons;
3 bedrooms-6 persons.)
AffnrrlHhleHousin~ Promun
% for payment
Income level x % of median lbedroom 2bedroom 3bedroom
Rental Units
low-income 30 x 80 $ 661 $744 $ 893
For Sale Units
low-income 33 x 80 727 909 1,055
mod-income 33 x 120 1,089 1,363 1,581
/'1/_Ç/
- ----.~---_.__.,.~,.,"_._--
Assisted Housing Development-Def'mitioDS of Afl'ordabillty
For housing assisted with the low and moderate housing set-aside funds or provided with a
density bonus, State law provides the following definitions:
Assisted Housin~ Develooment
% for payment
Income level x % of median lbed/2œr 2bed14œr 3bed/6œr
Density Bonus-Rental
very low 30 x 50 $413 $ 465 558
low '3Ox60 495 558 669
Redevelopment-Rental
low-income 30x60 495 558 669
mod-income 30 x 110 909 1,023 1,226
Redevelopment-For Sale
low 30x70 579 723 839
mod-income 35 x 110 1,059 1,325 1,537
For the AHP and Redevelopment For-Sale programs, the loan amount supported at various
income levels is as follows: (Note: The figures below are based on 9.5% interest, 30 year
loan, homeowner & assessment fees deducted, For units built on the western side of Chula
Vista, add $10,000 to the figures. To calculate the affordable sales prices, add the amount
of the downpayment to the figures.)
Sqpportable Loan Amounts at Various Income Levels
% for payment
Income level x % of median lbed/2per 2bed/4per 3bed/6j)er
Affordable Housing Program
low-income 33 x 80 $ 52,000 $ 74,000 $ 90,000
mod-income 33 x 120 94,000 125,000 150,000
Redevelopment
low 30x70 35,000 52,000 65,000
mod-income 35 x 110 90,000 120,000 145,000
.--
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Attachment G
C:7Y 8F C1~ULA VISTA AFFORDABLE APARTMENTS ANALYSIS r:'''=.,,--r:;
'-';"'--"".
----------------------------,---------------------- 1~/'?1
P'_',/' ;o1:'S=: .
Ti:' ?val ;..·.¿It 2 'the impact ':'Îi -:q=.¡::-r at inç ·:z'\s!-, fl c,ws and
: ï¡V(;:str:-,e;-,t - , a;.p¿..¡:tm2:lt development 1,.,¡it:-. 20~~ .:,f
'-' ,
~he units affoYdable to III ;:'\0.1- i nc ,:,me II (8C~~ elf AMI)
~e=ide;¡':5 .
ASS~lmptic:'ns:
- ? ¿~::,2d ,:,r, C:.ty i¡Ltm=;2";"S, Bald'...:in & ES5tla~~e proformas,
and ssse reseaych.
-- NF"J c ",1,: ~ased ':In a 40 yeal' bLlildi;-¡g ,.; .ç Very ccnservative.
_,,¡, ,E.
~:;-¡c:'r;gË: .
- Dpe'{2.'t :'C·;;SE· ,:an supp,:,·rt appr ,:':1;. 60~~ 0 'f devel cost
- :::~~tity ir!\/::i'5tment I:' f $'3, Ot)O~ 000 p¿\id b=-,·: k irl 1:: years-
- 'Jevel ;:,pmerlt yiel ds- an 11:~ 'r2tLl~"n t:lïJ i ÎI'/estmeï:t ':Iver 40 yea'( lif"
Ea-!MATE~ DEVE~OPMENT B~DGE~
------------------------------------------
OP~RAT!ONAL BASICS:
2E.. 7 T.:;t al units: 122 3 bed¡" ;:'I:,m, 74 2 :,d!' "7' 1 bd
, .
2:24 !'1~rket F:ate units,: 102 3bd, E,2 2 bd, E·(J l!:d
4::::: L'ÏJ i-t:; a:fc'j"dab:e tel LI o¡"ente't"s: 20 3bd, 12 2td, 11 lbd
~EVE~OPMENT COË~S: $/UNIT
:"'AND ACQUISITION ::'9000 480E,OOO
C:ONS::TF:UCT I ON ($40/5f ~.-: 255,E.OO sf) (1) 10224000
SEE IMF'F:O'JEMENTS (Ctffsite C::/;istsY 12000 3204000
FEES 12500 333ï500
SC:t; C2S7S (¿¡,t 3. 5~~) 1833578
-----------
-----------
TOTAL EST!MAT~~ DEVEL COST $23,405,078
EST!MATED DEVEL COST / UNIT $87,E,59
NOTES:
(1) 122-3 bd 12005f,74-2 bd 9005f,71-1 bd 60051=255,600sf
)'-I/~/tj
--..---- --..--....--.
.
CHU~A V!STA AFFOR~A8LE APARTMENTS SBCS
SDUr-::~C¡::S ;~ND USES 11/'" 1
---------------------------------
---------------------------------
USES SOUF.:CES
----- -------
-------
ACG:!IJ:SIT!O!', 4805000 8.5i: LOAN 14482058
CONSTF.:UCT: ON 1 ~)224C'OO F'F: I '....'ATE ! ~.!'JSSTMENT 8'323010
SITE I !'"'!F'F:O·,')E1"1ENTS 3204000
80:-"7" C:OSTS 1833578
.
r;.-r=:::::S 3237500
---------- -,~ ,.--------
----------- -----------
TOTAL USES $23,405,078 TOTI~L SOUF:C::::S $23,405,078
.
\
/ t./ ----._c;-5'
---,,_.. -"._.~
.
::::-iU~i~ :) I S;- A j~FF'JF:D¡':::.,Ð~E Ar-'ÞI:::;:T!'1Et\~¡S SBC2::
=::::;-A:L::::J SPr:::~:.oIT IN!; BCD!::;E: 11/9::.
$/U/iilO $/¡¡¡ç, $/'year
:'1ANA[3E!'1E!-'~T 28035 336420
~:=.¡- ~ge/T¡er t Fe-=- "'='r:'
~~
Mgr. Apt. ::;~ent ~~
.:;",,;,¡
Sëlary . BEiiEfits ~-
'~'. .:Ji
MA::: ~JTEl'·JP¡NC:::: 22'~52 275544
Repairs/Mai~te~anc~ Mater :'a::'s ::'7
:"'!=-.int2:;~"\n,:æ L,3.t'Qr ~ '3
E~¡:':::e:~mi;¡G.t i;-;ç .
-
L.~~~=~~~æ/S~~,c~~s "'-'f_ J,. _..... ; _., ,_ 8
. .';;'..,,~ _·;:;1.....;:
~~~~sc~;a,/S~-~u~d= : - I- _ .... 17
-'':\'''''-'; .
Paint:'~ç!rec~?ating -
-, , ::,c:-~t·,~¿..c'~s :.C
;.;:.C;'-i: prn':E-:-j'~
Tr ~5h F:::~EiTloval j
: .T'rl -""Tt=C 7743 '~2'31E,
....., ...0.-- ¡ ..._-'
~Jater ~,; Se'~Ë--: 29
;~XESI I NSU¡:;::Ar\,ICE 10145 1'OO:"I~I::"OO:'
..........J...
~'1" ::,p 2Y' t Y Ta:'··;~s ~8
Other Ta;·':es 4
Fi\'e/Liabil ity Insu'(¿;ln,:e 15
ADMINISTF.:ATION 6408 768'36
Legal 5
Audit 6
Ma¡'ketir:g 11)
Of f i,:e Phl:'ne/Sr..lppl ies . '"
~
-------- -------- --------
-------- -------- --------
TOTAL EXPENSES 282 75294 903528
TOTAL Exp2nses/Unit/Year 3384
SC;L'are FClüt age 255600
TOTAL E;I~per¡seslSqL:are F"OClt 3.53
.
)tj-.5?
--.- _..,,-,._._-~._,--,-,_._.__._.'-,
.
CHULA V:STA AF~ORDA8LE APAR~MENTS SBCS
CAS~! FLOW ANALYSIS 11/'31
MAR~:ET-RATE UNITS # unit:;; T F &': t ;:,'( e-'- $/171':' 13'33 1'2'34
. ~o
1 beer ':II:lm i"tiJ its SO 1.05 675 40500 4'-'c:r.-,C'
, ..:;,--.:....;
:2 bec'¡"':'I:,m i..tiiits 62 ~. 05 810 50220 52731
3 ~eer C":'iTl un i -::s 102 1.05 '3'30 100980 10602'=,
-------- --------
-------- --------
TH Gross Re~t/year 2300400 2415420
----------.-----------------------------------------------
AFFORDABLE APTS. FOR LOW-INCOME RENTERS (based on 80% SD Co media~ i j¡': ':
~ be=~"!:ic.lm ur¡:' ts ~ 1 1.05 640 7040 7392
::: bee u;-;i-:s '~¿\vg 3~~4 P'21"')' ~ .-:' 1. ':)5 743 8'J~¡; '? 3 E.2
-~
3 =æè :.;ri:t=. (:;.vg 4~,;5 ;:¡ E"( ) :::0 1.. ':)5 863 i7260 18123
-------- --------
. -------- --------
, T '31'" ,:,·:;s.s ~:e-r:t /'~'ea,¡", 3'3'85'32 418522
---------------------------------------------------------
T ~.:. _ ~ 131" ':'S~ :-:::02:1:: /'/e:,¿,r 2S'?8'3'32 2832'~42
, \~, '.' ",...,i.
~ass \Jac~~cy Rese~ve C-.,t ~ 34'350 . ;j,1':::'::'¡-"
__I,. ...'. _...J. ,.
-------- --------
-------- --------
;·:,tal Net Ef feet i -,,,'E ! rl ': i:,mE 2564042 25'3'::'::45
CPEF.:AT! ~G S>~F'!=:NSES '. ,~,,,:,,C' ';"31'378 1 0256'37
,;.. '.'.......'
MANAI3EME:!\lT 28035
:v!A!NTENANCE 2::'?62
UTIL!T!ES 7743
TAXES/!NeUF:ANCS 10145
ADMINISTF:ATION 5408
OPERATING RESERVES (3% I:IP e:f;p) 2259
REPLACEMT RESERVES (0. e.~~ .:,f c·:lnst I: CIst :> 5112
NET OPEF.:ATING INCOME 1572065 1555547
Debt C.:lver ag e Amc'Lln t 1. 15 23581'0 24'3832
-------- --------
-------- --------
Net !íJl:ome A\l&i:!.ab:!.e f .:,'¡" Dl?bt Servi,:e 1336255 1415715
Yeæ\Y'ly Debt Payrrlent 1835255 1335255
-------- --------
-------- --------
After-Debt Cash F11:lw 0 7'3450
Accumulated After-Debt Cash Flow 0 79450
Debt Service Supportable at fc.ll,:.\rJing yates: 10.00 12588945
(30 year term, mc.nthly calc.) 9.00 13839354
8.00 151757'30
\ 7.00 16737435
NPI,' c,f After-Debt Cash Fl,:,...., at cap rate clf: 8.00 18740027
9.00 15147318
NOTE - NF'V based .:In a. 4CJ year life 10.00 1237458'3
very c.onservative 11.00 10215078
12.00 8517747
) L-/ /~š'?
- -.- ~.~,,-----,--_. --.---.--
·
1'~':,, 5 1'3'36 l'3'?ï ~ '=:.:::,.., 1'3'3'~ 2000 2001 :::002
__·..0
44S~.:!. 46884 4'3228 51S8';:1 54274 55'?82 5'?837 628:::'~
553E,S 58135 51043 540'35 6ï300 70E,S5 741'?8 ¡7g0B
111330 1:'62'?7 122742 128879 1 ,,:,>e:..,.~''':I 14208'3 14'3193 156S~3
"'-''-'.....-....
======== ======== ======== ======== ======== ======== ======== ========
2~3S1'?: 25iS,3001 27'36151 2'335'358 308275E· 32358'34 33'3873'3 3558575
7752 8150 8557 8'385 '3434 '3'306 10401 10'321
'3830 10321 108~7 1" ":\-;-;~ 11':148 12545 13173 " ....,...,"'\.~,
J....,¡I,", ....,:,0..:.,...
1'302'3 1 ':1'381 20';'80 2202'3 23130 24287 25501 ",:.r.: ..,-:::
-'-"-'-'
~======= ======~= ======== ======== ======== ,======= ======== ========
43'?'~48 4S,~42() 4344'31 5(:8715 534:'51 56085'3 588'302 518:A7
:::'37562':;' 312442: 2::eOE..42 3444E..74 3E, 16'~Oï 37'~7753 3'~87E.40 418702:::
:4E,7~:::: :!. :::¿-:::::::1 lS4032 172234 18(:845 189888 1 '3';¡3S2 20'32:5 1
-------,- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -------- --------
:28::::S857 2'~£8:::C'i=i 311E..f.l0 327 .:..'~~C 34360E::: 360ì8tS5 3788258 ~':"""""""r~
...J...J It:!,...
10S:::531 10'3'?824 1138217 1178158 121 '33'34 1262073 :30E,245 13~1'3ËA
1764225 18E.8376 1978292 2094282 ' 2215558 23457'32 2482013 2525707
254534 280255 2':15744 314142 332500 35186'3 372302 393856
======== ======== ======== ======== ======== ======== ======== ========
14'3':<5'31 1588120 1681548 178013'3 1884158 19'33'3'23 210';'711 ,-,,~,... oj 01:' 1
....:........::.,¡,'-,~...
1 "=''''c ,~,C"C" 1 -....c '-,1:'1:' 1336255 1336255 1336255 1335255 1336255 1336255
_.....;....'.....~;.J ,:,¡,:,¡I-i........J...J
======== ======== ======== ======== ======== ======== ======== ======== -
163337 251865 345293 443884 547'313 557559 773456 8'35596
2427':17 4':14552 83'3'355 1283840 1831753 2489421 3252877 4158474
I L/ /5:1
-"--".__.,~,.,-_._-_.-.,_....--
2003 2004 2005 2COE. 2007 2008 200'3 2010
65'370 E,'?25'3 72732 7636'3 80187 841'37 88406 '~2827
81803 858'33 '30188 '34E/37 '3'~432 104404 109624 115105
164485 172710 181346 190413 19'3'=33 20'3930 220427 231448
======== ======== ======== ======== ======== ======== ======== ========
374710':;: 3'334465 4131188 4337747 4554e.3~ 4782366 5021485 5272559
11467 12041 12643 13275 1393'3 14E.36 15367 16136
14523 1524'3 1601;2 16812 17653 18536 19463 2043E..
28115 29520 30'3'36 32546 34174 35882 37676 3'3560
===:==== ======== ======== ======== ======== ======== ======== ========
6492EA 581728 715814 751E.05 78'3185 . 828644 870076 913580
43'36374 4e.161 '32 4847002 508'3352 ~343820 5611(>11 58'31561 E,18613'3
21'381'3 230810 242350 2544t:,S 267191 280551 2'34578 30'3307
-------- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -------- --------
4176555 4385383 4E,04E,52 4834884 507662'3 5330460 5596983 5876832
1 '":I'~'~·-:'O'":l 1448258 1498'347 1551410 160570'3 lE,61909 1720076 1780278
.w.I_",,":"'\-Iw.I
2777272 2'337125 3105705 3283475 347091'3 3668551 3876'307 40'36554
4165'31 440569 4é5856 4'32521 , 520638 550283 581536 614483
-------- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -------- --------
2360681 24';;'5556 263'384'3 27';;'0'353 2950282 3118268 32';'5371 3482071
1335255 1336255 1336255 1336255 1'336255 1336255 1336255 1336255
-------- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -------- --------
1024426 11 6030 1 13035'34 14546'39 1614027 1782014 1959116 2145816
5182'30C) 63432t)2 76467'36 9101495 10715521 124'37535 14456651 16602467
I
/tJ /' ___0;
_._---,._,-,-~.__.__._--
·
::011 2012 2013 2014 2015 2015 2017 2018
974S8 102341 10745'~1 112831 118473 1243'?7 130E· 17 13ì14ì
12086() 126'303 133249 13'3'311 146':107 15·4252 161':165 17()(¡63
243020 255171 257'330 281327 .-:.c¡C'..,.:=a":'. 3::'0162 325671 341 '~54
....~...J...J-'.... ======== ======== ======== ======== ======== ======== ======== ========
5S3tS187 5812':1';:'6 5103645 5408828 672'3270 7055733 741'3020 778'?'371
16943 177'30 1867';' 19513 205'34 21524 22705 23840
:21457 22530 23ó57 2484.0 25082 27386 28755 301'33
41538 43615 457'35 48085 504'30 53015 55655 58448
-------- -------- -------- -------- -------- -------- -------- --------
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'?5'~ 25'3 10072:::::: 1 r,~-:"C'C:·"=' 1110462 1165':J85 "22'~::85 12854'3'3 134S774
..'.'....; ....~.....
64'35446 E.,820218 716122'? 7S 1 '32';:' 1 78'3:::255 82'300 ~ 8 870451';;1 '=139745
.,....,'~ ..,...,.,-. 341011 35S0e.~ 375'::~e.5 3'34763 414501 435226 455':187
'-'," 1_ -------- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -------- --------
5170574 647'3207 6803168 7143325 75004'33 7875517 826'3293 8582758
1842588 :1 '30707'3 ::. '37382E, 2042'310 2114412 2188417 2265011 2344287
4328085 457212'3 4829341 5100415 5386080 5687100 5004282 5338471
64'3213 E.,85819 724401 7550(;2 , 807'312 853065 900542 950771
======== ======== ======== ======== ======== ======== ======== ========
3578873 388630'3 4104';:'40 4335353 4578158 4834035 510363'3 5387700
133Ë·255 1 ":I",:,.::.~,C'C' 1336255 1336255 1336255 1336255 1336255 1336255
_.......................; ======== ======== ======== ======== ======== ======== ======== ========
2342518 2550055 2758585 2'3'3909';:' 3241913 3497781 37E.7385 4051445
18945085 21495140 24263825 27262923 30504837 34002617 37770002 41821447
I
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-----""--_._-"--,._~-,-
. .
':.
201.'3 2020 2021 2022 2023 2024 2025 :::026
144005 151205 158755 166703 17503'3 1837'31 192'380 20252'3
178556 187494 19585'3 20571:2 217048 227'300 23'3295 251260
35';:'052 377004 3'35855 415647 436430 458251 481154 505222
======== ======== ======== ======== ======== ======== ======== ========
817'346':;- 8588443 9017865 9468758 99421 '36 1043930S 1 0';'5! 271 11509335
25032 25284 275'38 28'378 30425 31'348 33545 ,":,C'''''-''-'
w~..:;,..:;,..::..
31702 33287 34'352 36ó'3S1· 38534 40451 42484 44508
61371 6443'3 67661 71045 745'37 7°":1"":'-' 82243 86355
'-'0./":" ~
======== ======== ======== ======== ======== ======== ======== ========
1':::·17:::63 :4e.812S :5G:::~32 15.:;;'05:5'3 1722Ë,.:)2 '180882S :. 8'3S!2S8 19'3.:.1-231
'?~'3Ë 732 10076569 1058('3'37 : 110'3417 11S64888 12248132 ::. 23S052'3 125035SE.
·'~-'~~S37 5('3828 52'=.1020 555471 52?·-':1··~ 512407 (:'.:1~l·)·-::" e.75178
u .."~ .'. ¡
-------- -------- -------- -------- -------- -------- -------- --------
-------- -------- -------- -------- -------- -------- -,------- --------
911Se'~5 '3572740 10051377 10553'?46 1108~S44 11635ï2E: 1:2217512 12828388
242E.337 2511258 :2~'3'~ 153 26'30123 2784277 2881727 2'382587 308E..978
S6'3055'3 7061482 7452225 7SE..3823 82'37355 8753'3'3'3 9234'325 9741410
1003584 1059222 1117834 1179574 1244505 1313100 138523'3 1451211
-------- -------- -------- -------- -------- -------- -------- --------
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5586975 5002250 E..3343'31 5684250 7052761 7440899 7849585 82801'38
1336255 1336255 133(;255 1336255
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, AT',TACHMENT H
Timnthy L. Cnyl~ WHY INCLUSIONARY ZONING?
Local governments have come to rec-
ognize the primacy of their zoning pow·
ers and are putting them to wod< on be-
balf of affordable housing. Wbile some
è~"''''''' places still exclude multifamily bousing,
impose inordinate conditions on new res-
, ~"~"~"~11 idential development, or arbitrarily limit
growth or densities, more and more local
INCLUSIONARY ZONING officials are responding to the housing
needs of their constituents by upzoning
sites, being creative and flexible with de-
Is It Helping or Hurting Housing? sign standards, or otherwise helping to
reduce the cost of affordable housing de-
velopment
Some cities and counties have turned
to inclusionaey zoning when first wres·
A s California struggles with its affordable housing crisis, it has be- tting with the affordable bousing issue
and their responsibility to ensure that lo-
cal planning supports the development of
come clear that local governments will need to throw their creativity and bousing for all income levels. With the
capability into the fight. Although state and federal governments have tak- best of intentions or in response to politi-
en several approaches to provide housing subsidies, the success of any ef- cal pressure, many local governments
fort to meet the state's housing needs will be determined by local land use bave established rules under wbicb 10 or
planning. 20 percent of the units in any new devel-
opment must be set aside at affordable
prices. Sucb a response to California's
The state has given cities and counties land use and housing affairs of local gov- bousing affordability problems is
the authority to decide what to build ernments? The state-under direction of straigbtforward and simple, but frequent-
where and under wbat conditions; this de- a Statewide Housing Plan and with the re- ly it is the wrong way to build bousing.
termines the type, pattern, and amount of sponsibility of reviewing bousing ele- WHAT'S RIGHT AND WRONG WITH
residential development. Increasingly, 10- ments in local general plans-provides INCLUSIONARY ZONING
cal governments are using this authority, guidance and assistance to cities and Inclusionaey zotting appeals to local
througb inclusionaey zoning, to compel counties in their efforts to address Cali- governments for several good reasons
developers to provide affordable housing fornia's housing needs. See Planning for and because of a few very bad realities.
as part of new develupment. Will this AffordiJble Housing, p 9. Sbould the First, affordable bomes in a mixed-in-
belp solve California's bousing prob- state support or discourage inclusionaey come housing development look like ,
,
lems, or will it be another barrier to de- zoning? How can it best work with local market-rate bousing and this avoids the
velopment? government to provide affordable hous- stigma too often attacbed to subsidized
What role should the state play in the ing? "affordable" housing. Integrating lower-
income bouseholds into aparunent com-
plexes, townbome villages, and planned
communities gives all members of soci-
11mothy L Coyle was appointed Direct« of the De- ety access to the better schools, good
, partment of Housiug aDd Cooununity Development parks, and higher quality of life often
t by Governor Pete Wilson in February 1991. With a found in newer neighborboods. Impor-
I $412 DI11lioD anooal buds'" HCD seu hous.Îllg....- tantly, it also gives lower-income resi-
danis. assists local govenuncnts in developing hoos- dents access to new jobs, most of wbich
~ ins policy. ud oversees affocdabJe bousing ¡ro-
grams for the elderly. the poex. and the bomeless. Mr. tend to open up in s¡¡burban locations. "
, Coyle also.served in severa1 capacities in the Depart- In part, inclusionaey zoning bas spread
¡ mem of Housing and Urbaa Deve1opmeDL. iøc1udiag
r Assistant Seaetary fΠLegi.s1atioa &ad Coagressio- because local officials in land-short com-
u! Relatiou-a position to wbicb be..... -""led munities recognize that every new devel·
r by Proside.. Bush ill 1988. A groduate of San Die80 opment represents the use of land, a vital
State UDÎvenity, Mr. Coyle holds. B.A. ill JournaJ-
~ ism &ad Busiøess Marketing. resource for affordable housing produc-
tion. Sites using lower densities mean
~ less opportunity for more "land-efficient"
~.. Timothy L. Coyle higber-density construction. To the de-
gree that local governments make more
sites available for the construction of af-
/Lj-'~ J 27
-..- -"~^. ....--. _._,."_.~-_..~----_.-.-_...-.--
.,
, , .
fordable housing, inclusionary zoning sionary zoning follows a decision by a Jaw to abide by the Statewide Housing
may be a useful tool. community to limit or halt growth, re- Plan and accommodate their fair share of
In those cities that provide deosity bo- duce allowable densities, or place vacant the housing needed by current and future
. nuses and creatively apply design stan- land off limits to residential develop- residents of all income levels. The most
dards or otherwise work with developers ment Stung by the criticism that these ac- effective tool cities can apply is their au-
f to encourage housing, a requirement that tions constrain the housing market and thority over land use.
a ponion of units be made available for reduce the sites available for subsidized We must find a way to ensure that 10-
I low- and moderate-income households projects, many localities have adopted in- eal governments fully utilize their land
clusionary zoning as a fig leaf to cover use powers to suppon aggressive afford.
the nakedness of their land use and hous- able housing sttategies. Sacramento and
"Au ing programs. Washington have, in the last few years,
In these too common instances, inelu· increased their fmancia! commiunent to
I too often sionary zoning becomes a constraint or lower-income housing, but their suppon
, an exaction on new development For ex- alone cannot adequately deal with exist-
inclusionary zoning ample, in cities or counties reluctant to ing and future needs. To get the most for
follows a decision by approve new housing conslruction, sing- our subsidy dollars and catalyze new de-
a community to limit or Ie-family homebuilders are forced to pro- velopments, local governments must
vide inclusionary units or pay exorbitant create a regulatory environment that en-
halt growth, reduce in-lieu fees as a condition of approval. To courages, not discourages, the develop-
I allowable densities, or recover the cost of providing units at less ment of affordable housing.
I place vacant land off than market-rate cost (or pay fees), build-
ers have to raise the price of the other
limits to residential houses. Thus, new homebuyers-arapid-
development. Stung by ly shrinking group in California-must "As
the criticism that these subsidize other new homeowners with practiced in
lower incomes.
actions constrain the To make housing affordable to lower- most of California,
housing market and income families and individuals typically inclusionary zoning
I reduce the sites requires a subsidy. Cities can provide this has become a tax on
I available for subsidized subsidy through zoning. Raising the den- new homebuyers
sity on a site increases its value and local
projects, many localities governments can recapture this value in and renters.
have adopted the fOtm of inelusionary units. These This is wrong. "
I units may be provided as part of a specific
inclusionary zoning as a project or separately as part of an altema-
fig leaf to cover the tive public-private sttategy to build af- ....
nakedness of their land fordable housing. However, cities moti- m
use and housing vated more by a desire to generate funds
favor in-lieu fees rather than actually
programs. " building housing. As practiced in most of
California, inclusionary zoning has be- Inclusionary zoning can be a part of
..... come a tax on new homebuyers and rent- local land use and regulatory sttategy that
m et'S. This is wrong. Providing affordable also creates adequate sites, minimi7es de-
housing is a community-wide responsi- sign requirements, waives fees, eases
bility and should not be a burden placed growth controls, and-most imponant-
on only those whose job it is to conslruct ly-helps meet state and regional hous-
can usually be easily met. Most success- housing or on fU'St-time homebuyers ing objectives. The housing element of
ful inelusionary programs are in cities wanting to share in the American dream. every city and county general plan points
that allow homebuilders design flexibil- HOW TO USE INCLUSIONARY the way to the adoption of local plans that
ity to integrate affordable housing into ZONING are pro-housing. The current reasses-
new subdivisions, grant healthy density sment of the proper roles of local, region·
honuses to apartment developers, or pro- At its worst and, unfortunately, most al, and state government in the manage·
vide high-density sites in master planned common use, inelusionary zoning serves ment of California's growth offers the
communities. as an inequitable tax to subsidize hous- way to fully institute housing element
However, the record on inelusionary ing. At its best, inelusionary zoning re- law. This will enable local governments
zoning in California shows rigid guide- fleets a local commiunent to encourage to not only carry out the Statewide Hous-
lines being used by communities that are and work with developers to provide af- ing Plan, but also meet their affotdable
Dot lruly interested in the development of fordable housing. Local governments housing needs in a much more productive
affordable housing. All too often inelu- have a responsibility under California and equitable way. .
28 ) ¿)/? i
"_ _..__._'''~____n_..,__·.m__..,.__._,__
ATTACHMENT X
The Responses of other cities
Similar to Chula Vista, several other cities in the region are
considering some type of inclusionary housing policy/program as a
principal means to addressing the state Regional Share new
construction allocations for lower-income households. Given the
growing need for this housing, and the markets tendancy toward
higher priced single family units, the inclusionary approach
becomes a logical, direct reaction to the opposing directions
between needs and the housing market. without such an approach to
ensuring affordable housing, cities' are finding it difficult to
provide an adequate number of lower-income units as previous
federal programs are scaled back, and the cities alone do not
possess sufficient revenues to underwrite housing development.
While most of the proposals are in their initial stages, the
following offers an overview of the major components of each:
CARLSBAD:
- policy:
Minimum of 15% of all units approved in master plans, specific
plans, and residential subdivisions shall be affordable to lower-
income households. For master plans involving more than 100
acres, an additional 5% of the units must be affordable to
moderate-income homebuyers.
Where it is demonstrated as economically infeasible to build the
required units, an in-lieu contribution of funds, land, or other
contributions may be made. The in-lieu fee may be attomatically
used for developments of less than 5 units. The amount of
contribution is to be studied and will be based on the cost
differential in developing and constructing market rate .vs.
lower-income affordable housing.
- Affordability Levels/standards:
15% lower-income not specifically defined by policy as to amount
of very low or low-income. The city recognizes that very low-
income is essentially infeasible within private master planned
developments, and will require other specialized programs such as
public housing and SRO's.
Future implementing ordinance will refer to the folowing ranges
for low-income affordability consistant with state Law:
* Non-government assisted - up to JO% of 80% of median income.
* Gov. assisted rental - up to JO% of 60% of median income.
* Gov. assisted for-sale - up to JO% of 70% of median income.
/
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~-~.._----_..~~"_.__..,-
-
- Financial Impact:
Under study. Preliminary evaluations utilized a mUlti-family
condominium project at 20 dulac, with no total project size
assumed. Including land, construction and fee costs, a 2-bedroom
unit production cost of 143,000 was reached. Utilizing a 3
person household size, a low-income family could qualify for a
$43-45,000 loan, leaving approximately $100,000/unit to be
addressed through down payment and various private sector and/or
public subsidies.
- Subsidy Approaches:
Carlsbad is studying the following 5 methods to address the
$80,000 - $90,000 gap per unit after a 10% or 5% down payment-
* Density bonus
* Fee waiver/reduction
* Loans or other direct assistance
* Flexible building/site planning standards
* Expidited processing
If all 5 methods are employed, general estimates are that about
50% of the gap can be closed, with the remaining $40,000 -
$45,000/ unit to be addressed by the developer alone or through
assistance external to the city..
- Status:
City Council adopted policy statement as part of the Housing
Element Update in November 1991. Staff and a committee, with
local development representation, reviewed financial impacts and
policy implementation and have issued a report. Staff is
drafting an in-lieu fee ordinance based on a nexus study, which
establishes relation between purpose and the amount of the fee.
OCEANSIDE:
- Ordinance:
At least 10% of the units in all developments must be affordable
to low and moderate-income households. Projects within the
Redevelopment Area are exempted. An in-lieu fee option is
offered to be used in-part or in-total for the required units.
- Affordabi1ity Levels/standards:
Different approaches are established for for-sale and rental
units as follows:
Rental-
* Restricted units must be affordable to low-income households
* Max. rent at 30% of 60% of area median income adjusted for
family size, using a 2 person per bedroom rate.
* If rental units are within a master plan development
including for-sale units, 10% of the rental units must still
be low-income affordable.
* 30 year duration
/~¡b
. ,--"_._------,--"~-_...._"
-
For-Sale-
* Price not to exceed 250% of area median income adjusted for
family size using a 2 person per bedroom rate.
* Restricted units must be affordable to moderate-income
households at 100% of area median.
* Re-sale restriction to other moderate-income households for
30 years.
* units must be proportionate in square footage and number of
bedrooms to market rate units.
* units must be built prior to or concurrent with other units.
In phased developments, affordable units must constitute 10%
of the units in each phase.
- pinancia1 Impacts:
The in-lieu fee program requires each of the units which would
have been reserved to pay an amount sufficient to subsidize the
median priced home in Oceanside to be affordable to a moderate
income household. The formula is; median sales price of homes in
Oceanside -minus- affordable sales price for a 3-bedroom home =
In-Lieu Pee. That affordable sales price is 250% of the area
median income for a family of six. Based on a $170,755 median
home price and $112,750 income figure, the current in-lieu fee
per restricted unit is $58,500. The total fee for any project
is then spread equally over all the units, with the resultant
amount collected at the time of building permit issuance.
- Subsidy Approaches:
No formal assistance stategies were adopted, and the city expects
developers to absord financial impacts through spreading costs to
other units or by obtaining subsidies. The City is willing to
assist developers in availing themselves of such external
subsidies, participate in bond financing, and consider other
requests on a case-by-case basis.
- Status:
Ordinance is in force, adopted by City council on October 2,
1991-
VISTA:
- policy:
New policy requires 15% of the units in all projects to be set
aside for lower-income households at affordable rents. (6% has
been required since 1985) . Allows for payment of an in-lieu fee,
or land dedication.
- Affordabi1ity Levels/Standards:
Draft policy uses 80% of median income and requires restricted
units to be comparable to other units in the project (not all
condo/apt.). Also includes 30 year duration for for-sale and
rental.
) rj /Þ?
- _____.___...~."_______.._~_,... n..__"__
- Financial Impact:
Based on an intricate formula which employs construction costs
per square foot, average square footage size of units, average
number of rooms per unit, building fees, average persons per room
and median income, the in-lieu fee for a prototype 2000 sq. ft.
house is $8300.
- Subsidy Approaches:
None prescribed, but make referrals to San Diego County Housing
Authority if developer choses to provide units. staff indicates
the in-lieu fee payment is typically chosen. Approximately
$2,000,000 have been collected since 1985.
- Status:
15% policy adopted with Housing Element update. In-lieu fee
ordinance revisions expected for adoption in March 1992.
ENCINITAS:
- Policy:
Has adopted inclusionary housing ordinance which requires 10%
very low-income housing in any development of 10 units or more.
Provides for an in-lieu fee option but does not specify amount of
fee. city is currently working onm establishing an in-lieu fee
amount.
SAN MARCOS:
- policy:
Residential developments over 4 units would be required to
include 15% affordable housing as a condition of development.
That 15% is generally intended to be split 5% very low/ 5% low/
5% moderate-income, however these distributions can vary by
project area and type. Alternate compliance through in-lieu fees
or off-site options is available.
- Affordability Levels/Standards:
Proposed to vary for for-sale and rental housing, and by method
of financing or subsidy used.
* Moderate-income affordability in for-sale at 100% median
income. Sales price not to exceed 2.5 times annual household
income by family size.
* Low-income affordability in rental housing between 50% and 80%
median income.
* Very low-income in rental housing at up to 50% median income.
* Affordability restrictions to last 50 years.
- Financial Impact:
In-lieu fee approach is to require an amount sufficient to bring
a market rate product to the particular level of affordability.
In-lieu fee is based on the difference between a median priced
home and 2.5 times the median income. Range may vary between
$10-15,000 unit.
}'I-¿,~
,------~.~~._--~._._-
- Subsidy Approach:
Specific approaches are not outlined, however tax increment set
asides, and design flexibility are identified as available
incentives. In general the city is not focused on offering
substantial subsidies to build units in larger projects, but
rather for developers to directly absorb or spread costs to other
units.
- Status:
Policy has been previously reviewed by ad-hoc housing committee
and approved by city council with Housing Element Update.
Ad-hoc committee to continue work on implementation strategies,
in-lieu fees, alternative compliance options, and ordinance.
CITY OF SAN DIEGO:
- Policy:
Considering a 15% requirement which would produce both for-sale
and rental housing as folows:
* 7.5% very low and low-income rental
* 7.5% low and moderate-income ownership
Half of that amount (3.75%) would then apply to each income group
How and to what size projects the requirements will be applied is
under study by a task force. It is anticipated that a variable
program will be devised according to type and scale of project,
and area of the City. In-lieu options are not being recommended.
- Affordability Levels/Standards:
To be determined by task force. Proposed levels are as follows;
* very low-income rental - 40% of area median.
* low-income rental - 60% area median.
* low-income ownership - 70% area median.
* moderate-income ownership - 90% area median.
Calculation methods, persons per bedroom rates, and other
standards also forthcoming.
- Financial Impacts:
Under study by task force and consultant. Housing Commissions
position is that developer should not be excessively burdened,
but rather empowered to provide units by the City through
development and regulatory offsets. The idea of "robbing Peter
to pay Paul" by spreading costs to market rates units is not
viewed as sound housing policy.
- Subsidy Approaches:
The following are being studied as candidate areas for
compensating the economic impact of the requirement on developers
* street widths and other site planning and design standards
which consume land area and increase development costs.
* density bonuses
* fees
* processing
JL-/~(/j
-- -
* non-profit joint venture partnerships
The intent is to identify a level of offsets sufficient to avoid
direct costs to the developer.
- status:
Task Force to review and vote on policy percentages and standards
on Nov. 20, 1991.
Consultant studying financial impacts and value of various
development incentives. Draft report to be available in January
1992.
COUNTY OF SAN .DIEGO:
- Policy:
An inclusionary "Balanced Communities Policy" is being suggested
for development with the County's Housing Element Update to
address provision of low and very low-income units. Changes to
the existing "Affordable Housing Development Fund" are also
proposed to support an in-lieu contributions program.
- Affordability Levels/standards:
The percentage of inclusionary requirement, tarket income groups,
and standards for application to projects have not yet been
defined.
- Fiscal Impact: Unknown
- Subsidy Approaches: Unknown
- Status:
Balanced Communities concept to be considered by Board of
Supervisors with Hpusing Element Update on Nov. 20, 1991.
Staff will be asking Board to authorize needed studies to develop
a working policy and program.
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ASSOCIATED BUILDING INDUSTRY ENGINEERING AND
GENERAL CONTRACTORS ASSOCIATION OF GENERAL CONTRACTORS
OF AMERICA SAN DIEGO COUNTY ASSOCIATION
COIISTBVCTIOII I II DV ST BY rlDIBATION
6336 GREENWICH DRIVE, SUITE F, SAN DIEGO, CALIFORNIA 92122 (619) 587-0292 FAX (619)455'1113
March 3, 1992 Agenda Item 14 Public Hearing on Housing Element
Honorable Mayor Nader
Chula Vista Councilmembers
276 Foutth Avenue
Chula Vista, CA
Dear Mayor Nader and Councilmembers:
The Construction lndustry Federation again appreciates tlùs opportunity to provide comments on
the draft Housing Element.
We commend city staff and the Blue Ribbon Committee for a generally excellent draft document.
However, ClF remains concerned about the proposed inclusionaey zoning program and therefore
makes several recommendations to your Council.
City of Chula Vista's Commitment Essential To Provide Affordable Housing!
We recommend that Chula Vista remove affordability baniers, and become the leader in our region
to provide incentives to make affordable housing projects feasible. We therefore request that
several incentives be implemented to help provide affordable housing including:
a. design flexibility for homebuilders to integrate affordable housing into subdivisions;
b. allow density increases for apartment builders and units in master planned communities;
c. conduct a thorough review of the land use element to remove conflicts with the housing
element;
d. shortening the development review process;
e. provide assistance to boost non-profit groups to provide affordable housing:
f. allow for narrower streets and fewer parking spaces especially near transit nodes;
g. restructure the development impact fee rules to allow for fee exemptions and reductions;
and
h. review the impact of new and increased fees on affordable housing.
Concern for Inclusionary Zoning Program
We continue to be strongly concerned about inclusionaey zoning. lnclusionaey zoning programs in
Oceanside, Carlsbad, San Marcos, and Poway have yet to establish workable and realistic
programs to provide affordable housing.
lnclusionaey zoning is a tax on new home buyers and renters to subsidize lower income units. This
is an injustice that simply increases the cost of housing instead of making it more affordable.
Conclusion
Although ClF cannot support inclusionaey zoning, we ask for your strong commitment towards
implementing the above incentives thus m3king housing more affordable.
o~~ 1t-J./7/
-~_.,._,...".,- - '--~--"--"-""---~"----'-~'-'-'--'-'--------------------,----~_._-
----- -~~>~, -
CITY OF CHULA VISTA
HOUSING ELEMENT
OF 1991
r:.......
., -
'"
Draft
CHULA VISTA GENERAL PLAN
DECEMBER 1991
CITY OF CHULA VISTA
GENERAL PlAN
HOUSING ELEMENT OF 1991
City Council Members/Administration
Tim Nader
Mayor
Leonard Moore
Mayor Pro Tempore
.-..- David L. Malcolm
Counc i 1 man
Jerry Rindone
Counc il man
Shirley Grasser-Horton
Councilwoman
City ManaQer
John D. Goss
City Attorney
Bruce Boogaard
City Clerk
Beverly Authelet
City PlanninQ Commission
Susan Fuller, Chairwoman
Joe D. Casillas, Vice Chair
Joanne E. Carson, Commissioner
Robert E. Tugenberg, Commissioner
Laverne E. Decker, Commissioner
Thomas A. Martin, Commissioner
William C. Tuchescher II, Commissioner
Approved by the Plann i ng Commission on February 26, 1992, under Resolution
GPA-90-09
Adopted by the City Council on March 10, 1991, under Resolution No.
-.-- This Element amends the Chula Vista Housing Element of 1986.
-,.~- ....-.... -----.---.----
-.--
-.-- HOUSING ELEMENT STAFF
Administration
---- Robert A. Leiter, Director of Planning
Chris Salomone, Community Development Director
Professional Assistance
David Gustafson, Assistant Community Development Director
Edgar Batchelder, Associate Planner
David Harris, Community Development Specialist
Margery Girbes, Housing Coordinator
Alisa Duffey Rogers, Community Development Specialist
Consultant Services
Pamela Johannsen
_.,
--
-..-
--
-".-
_.-.__._~-,-_._.... --,- "---- --_._-----_._..__._-~._---_._-----,--
--.-.
----
PREFACE
-...-
The principal of American freedom is rooted in the proposition that government
exists for the purpose of enhancing and protecting the natural and fundamental
-- rights of human beings. One such fundamental right is the access to suitable
housing opportunities in decent neighborhoods. The good society has the
obl igation to create the conditions under which these rights are protected,
~_.- and individuals can grow and work for a fuller life. In this respect, a free
society is not just a nation of laws, it is an idea with a noble purpose. It
seeks to create an environment for human ity' s most enduring aspirations
including prosperity, sacrifice, idealism and beauty.
- ,
-.---
-..-
--
-..-
h
--
-..-
_ ___~..._..m____ .,.._,_,_ --.. _._--_.."--~--_.,----~--~-_._----~---_.~-------~----
- , PUBLIC PARTICIPATION - THE MAYOR'S BLUE RIBBON HOUSING ELEMENT COMMITTEE
As an important and integral component of developing a successful Housing
--- Element, and as required by State law, the City has always sought public
comment and input toward formulation of Hous i ng El ement updates. The Update
of 1991 is no exception, and actually represents a different and broader based
_...- approach to that participation.
Given the significant changes in the housing environment and growth of the
affordabi 1 ity gap since the El ement of 19B6, new efforts and solutions
--.- employing increased coordination and cooperation those involved in
among
housing provision are needed to ensure adequate affordable housing
opportunities. In response, the City felt it important to bring those
,.-..- segments of the community ultimately involved in housing provision
(development, finance, social service, and government) together to assist in
development of the 1991 Update. In this way, the setting for continued
-- coordination is established, and the un i que perspect i ves of these "partners"
could be utilized in focusing housing assistance priorities, and in developing
the proposed solutions and strategies embodied in Part 3.
-- To facil i tate this participation, the Mayor appointed a broad-base "Blue
Ribbon Housing Element Committee" consisting of nine regular members and
three alternates. The nine regular members consisted of the public (1), City
Planning Commission (1) , development commun i ty (3), realty community/Chamber
of Commerce (1), public housing authority (1), non-profit housing and finance
(1), and the local social service community (1). Ass i stance was provi ded by
staff from the City Planning and Community Development Departments. The
_u_ Committee met in a series of eleven workshops which reviewed the main points
of each sect i on in the Draft Element Update. They provi ded eva 1 uat i on and
input regarding past performance and needs assessments, and then made
- recommendations which were used to formulate the 1991-96 Comprehensive Housing
Plan. Their input was invaluable in developing the Plan's structure of twelve
(12) objectives, each with a set of implementing policies and program
---- proposals.
-,-
-,.--
--
--
--
_.---
____....____'_ . ___~..,_....__,___._ - __, _____ __n___ _._"._..__.._._,__.".._,,_.,_~_"_._,_.,..___.__,__,___._____.,.________._.___~_...._'"
INTRODUCTION
Overview
_...~ As we move into the 1990's housing continues to be an area of great importance
and challenge for the City of Chula Vista. The Housing Element, as a State
required component of the City's General Plan, provides citizens and public
-- officials with an understanding of the housing needs of their cOllll1unity and
the responses necessary to fulfill them.
The Chu1a Vista Housing Element of 1991 embodies a comprehensive analysis and
update of basic housing data and growth projections, as well as a refinement
of the policies and programs of the previously adopted Hous i ng Element of
1986. The revisions incorporate the most current data and i nformat i on that
are readily available regarding population, socio-economic characteristics,
housing and 1 and use inventories, financial availabil ity, and new program
approaches utilizing various subsidies and public/private financing. The
purpose of the Housing Element Update of 1991 is the improvement of the City's
hous i ng efforts, and the increasing of its responsiveness to changing local
and regional housing needs.
-'.- The Element's comprehensive analyses form the basis from which Chu1a Vista has
deve loped goals, objectives, and action plans to address housing needs. By
striving to accomplish these objectives to provide suitable, fair, and
affordable housing opportunities for all segments of the population, the City
will strengthen the economic and social vitality of the entire community.
OrQanization of the Element UDdate
In order to provide a logical and thorough analysis in formulating an
appropriate plan of actions which respond to housing conditions and needs
-- anticipated during the 1991-96 planning period, the Chu1a Vista Housing
Element Update of 1991 is divided into three parts:
-- Part 1: Review of the HousinQ Element of 1986 - Outlines and quantifies
housing production since 1985, and describes how the City has responded
to both the anticipated and urgent needs of its growi ng population.
---- Various affordable housing accomplishments are compared against the
stated goals of the 1986 Hous i ng E1 ement, and a summary of performance
successes and shortfalls is presented in establishing indicators for
development of the 1991-96 comprehensive plan embodied in Part 3.
u
Part 2: Needs. Resources. and Constraints - Based on various socio-economic
condit ions, projects what housing needs are anticipated during the
1991-96 planning period, and evaluates the capacity of the existing
housing supply, and Chu1 a Vi sta' s land inventory to provide all income
groups with decent housing opportunities.
Part 3: Comorehensive HousinQ Plan - 1991 to 1996 - In concert with revised
housing needs data, growth projections, and performance indicators
estab1 ished in Parts 1 and 2, defi nes goals, objectives, policies, and
programs designed to increase Chula Vi sta' s effect i veness in providing
for housing needs during the coming planning period.
--
-.--..-"'-"'...--.....-...--...---.,.. " __ __ __.....__.__._________._.____...._....________ __ _".,,___·.__."_··._,,~··.__"'.,"·___·····__w___·~__
HOUSING ELEMENT OF 1991
GENERAL PLAN OF THE
CITY OF CHULA VISTA
Paae
--
PART 1: REVIEW OF THE HOUSING ELEMENT OF 1986
-...- I. Introduction/Overview 1-1
II. Affordable Housing Production for 1985-1990 1-3
-- A. Summary of Review Findings 1-5
B. Program Oescriptions 1-7
C. Affordable Housing in Progress 1-27
---
III. Conclusions
-,- A. Areas for Special Consideration 1-28
B. Suggested Steps for 1991-96 Planning Period 1-29
PART 2: NEEDS, RESOURCES, AND CONSTRAINTS
-
I. Introduction II -1
II. Needs Analysis
A. Existing Unmet Needs II -1
-- B. Special Need Populations 1I-14
C. At-Risk Housing II -18
D. Projected Needs II-22
_.._~ III. Resources
A. Introduction/Overview II -30
-,- B. Chula Vista General Plan Update· II-30
C. Land Use/Resource Inventory II -32
IV. Constraints
---
A. Overview II - 40
B. Governmental II -40
C. Non-Governmental II -51
PART 3: COMPREHENSIVE HOUSING PLAN - 1991 TO 1996
-
I. Introduction III-l
II. Statements of Purpose III-3
-,.-
III. Objectives, Policies, and Programs III-4
--
-..-
----
_ _ _.__n__.~ ,~.__"."._"._._.__".__ ___.'u.._.,___,.__ _...,-.._."_._-"---_.,._._-,._---~---_._----
lIST OF TABLES AND MAPS
--
Table No. Pace No.
1 Housing Unit Change by Type - 1980 to 1990 1-3
2 Overview of CDBG Expenditures 1985 to 1990 1-23
3 Vacancy Rates by Unit Type II-2
- 4 Rental Subsidy Needs for lower-Income Households II-3
1988-91 Housing Assistance Plan
5 Rent Schedules II -5
6 West Side City - Rehabilitation Needs II-11
-..- 7 Rehabilitation Needs - 1988-91 H.A.P. II-12
8 Special Housing Populations - Needs Indicators II-I?
9 Historic Population Growth - Chula Vista and II - 23
.--- San Diego Region
10 Total Housing Growth - Chula Vista and San II - 23
Diego Region
---- 11 % Relationship Population & Housing Growth - 11-23
Chula Vista and San Diego Region
12 Housing Supply 1985-1990 II-24
13 Projected Population Growth - Chula Vista and II - 25
-~.- San Diego Region
14 Projected Housing Growth - Chula Vista and II - 26
San Diego Region
--, 15 Projected Employment Chula Vista GPA II-26
16 Regional Share Allocation II -28
17 Fair Share Allocation II - 29
-" 18 Population and Housing Projections - General II -31
Plan Update
19 land Use Capacity Increase - General Plan Update II-31
20 Residential Construction Capacity - Vacant & II - 33
Underutilized land
21 Residential Construction Capacity - Master Planned II -36
Projects (City)
,- 22 Residential Construction Capacity - Master Planned II-36
Projects (Planning Area)
23 Implementation Status - Master Planned Projects II-37
24 5 Year Construction Forecast - Master Planned Projects II-38
-- 25 County-wide Development Fee Comparison II -48
26 Average Residential Processing Fee I I - 50
27 "Marketplace" - Mortgage and Borrowing Rates II - 52
--- 28 Manufacturing Employment II-55
~.--- MaD No.
1 Affordable Housing Location Map 1-31
-
--
-
--,
--~--_.-_._-~_.__.,_____".._.__ __,,_________._ _. _____m.__..._~~_.__.__~._.__ ..._.._....,___,...,..._~_._._._.__ ..u._____,_.
TABLE OF CONTENTS
PART 1: REVIEW OF THE HOUSING ELEMENT OF 1986
-,- fill
J. Introduction/Overview 1-1
-.-- A. Policy & Goal Implementation 1-1
B. Summary of Housing Built Prior to 1985 1-3
--,- II. Production for 1985-1990 1-4
A. Summary of Review Findings 1-5
B. Program Descriptions 1-7
_..-
B.l Guaranteed Housing 1-7
1. Public Housing 1-7
-...- 2. Section 8 1-8
3. Military Housing 1-8
-- B.2 Potential Housing 1-9
1. Senior Density Bonus 1-9
2. Affordable Housing Policy 1-9
a. For Sale Opportunities 1-10
b. Rental Opportunities 1-12
3. Tax-exempt Bond Financing 1-12
4. Family Density Bonus 1-13
--.-
B.3 Redevelopment Housing Fund Programs 1-14
1. Home Ownership 1-14
a. Brandywine 1-14
b. Orange Tree 1-15
2. landbanki ng 1-15
3. Rental Housing New Construction 1-16
--.'- a. Mobilehome 1-16
b. Multi-Family 1-16
4. Rehab Programs 1-16
a. Single Family 1-17
b. Mobil ehome 1-17
c. Rental Rehab 1-17
5. Mobilehome Programs 1-19
-,.- 6. Relocation and Demolition 1-22
7. Weatherization Program 1-22
-- B.4 CDBG Funded Programs
1. Overview of Expenditures 1-23
2. Shared Housing 1-23
_...- 3. Homeless Sheltering and Referrals 1-25
a. South Bay Voucher Program 1-25
b. Inter-Faith Program 1-26
c. Hotels & Motels in Partnership 1-26
-""- d. Victory Outreach 1-26
e. St. Vincent de Paul 1-27
-- C. Affordable Housing in Progress 1-27
III. Conclusions 1-28
A. Areas for Special Consideration I -2B
B. Suggested Steps for the 1991-96 Planning Period 1-29
----_.-'-,... -'--"-"--- ---- - ---,._._----,-,---_._--_.._..~-~-----_._.._-- ,--
PART 1 - REVIEW OF THE HOUSING ELEMENT OF 1986
I. INTRODUCTION
__ In relation to other Elements of Chula Vista's General Plan, the Housing
Element is somewhat unique in that while it envisions long range
community goals characteristic of general plans, its comprehensive
directives for meeting the housing needs of all economic segments of
-- Chula Vista's population must also be responsive to varying
socio-economic conditions continually influenced by factors both internal
and external to the San Diego region. In recognition of this, the
__ Housing Element Law, Article 10.6 Section 65580 (et seq) of the
Cal Hornia Government Code, requires that each city review and update
previous housing pol icies and programs regarding their effectiveness in
achieving stated goals and objectives. This law requires such a review
at least every 5 years in order to make necessary changes in policies and
programs responsive to changing local housing needs and conditions. The
last local review was conducted in 1986.
The following section of the Housing Element Update of 1991 reviews
achievements during the 1986-1991 planning period, and also recaps the
__ accomplishments of pre-1985 housing activity.
A. POLICY AND GOAL IMPLEMENTATION
-- Under the direction of the City Council, Chula Vista has, in
accordance with Part 2 of the Housing Element of 1986, substantially
undertaken the task of providing adequate and affordable housing
opportunities for all segments of its population, including
necessary publ ic facil ities and services to accommodate said
housing. During the 1986-1991 planning period, as illustrated in
_ the following pages, the City successfully endeavored to attain its
goals to meet identified needs through provision of new construction
in well-planned decent neighborhoods, as well as through systematic
renewal, rehabilitation, conservation, and improvement of housing
-- within the Planning Area. These efforts included substantial
involvement of the private sector.
_ As indicated in Table I, Chula Vista has consistently provided a
variety of new housing opportunities, both single and multiple
family, in seeking to achieve a truly "balanced community". Since
__ 1985, the City has built an average of 1400+ housing units per year,
with at least 50% of these in varying densities of multi-family
construction. In this effort to broaden resident's choice of
housing types and neighborhoods, the City has approved several large
_., master-p 1 anned resi dent i a 1 communi ties each offeri ng a wide range of
residential densities, commercial services/employment, industrial
employment, and recreational opportunities in a coordinated living
__ environment. Examples would include the EastLake, Rancho Del Rey,
and Sunbow developments. In order to ensure economi c i ntegrat ion,
the City's Affordable Housing Policy requires these and other
developments over SO units to provide a minimum of 10% of the units
to low and moderate-income households.
I-I
,....---..- -.-"-...-.---.-....----...--,. -_._~._---~--_.,._~._.- .,._,..- --.-.,-..,-,.---.- --.-----.---
In accOl1lßOdating the residential growth indicated in Table 1, a
variety of accompli shlllents were lAde toward ensuring provision of
adequate public hcil ities, and toward protection of residents
"quality-of-life". In Novelllber 1987 the City adopted growth
IAnagement "Threshold Standards" which established perfonunce
criteria for provision of 11 vital public facil ities and services
such as traffic, parks, schools, sewer, water, drainage, police, and
fire service. In July 1989, the City completed a cOIIprehens he
update of the General Plan which included Major revisions to several
key infrastructural ..aster pl ans such as circulation, wastewater,
and drainage. The General Plan update also incorporated a new
Growth Management El ement which set forth goals, objectives and
policies related to protection of residents "quality-of-life"
consistent with the intent of the Thresholds Standards. In Apri 1
1991, the Growth Management Program was adopted to serve as an
implementing tool, providing guidelines for relating project level
development phasing to facilities Master phns, and establi shing
requirements for hcil ities guarantees at the various stages of
project planning and review. A principal intent of the above noted
actions was to address needed infrastructure and services in a
pre-planning manner so as to avoid inadequacies which would result
in growth limiting constraints.
In addition to those measures, which are primarily aimed at
development of vacant land in the City's eastern area, the City
continued to prepare short and long term Capital Improvement
Programs (CIP) for the expansion of publ ic facil it ies to support
infill housing capacity in the developed western area. Those CIP's
encompass a variety of major circulation, drainage and sewer
improvements, with an average annual budget of approximately $15
mill ion supported from a variety of state, federal, and local
funding sources. Specific infrastructural and other funding
ass istance on individual projects is indicated in the Program
Descriptions section starting on page 1-6.
Along with the CIP for western Chula Vista, the City also supported
the construction of substantial infrastructure in the developing
eastern area through the use of all the fo 11 owi ng Rlechan isms;
development agreements, reimbursement agreements, bonding,
assessment districts, and cOlllllunity facilities districts such as
Mello-Roos for schools.
I
1-2
Continued commitment to the timely provision of adequate public
_..- facilities and services to support sufficient res i dent ia 1
development for the new planning period is further discussed with
the Land Use/Resource Inventory on page II -28, and supported under
--- Objective 12 of the 1991-96 Action Plan on page 111-34.
TABLE 1
HOUSING UNIT CHANGE BY TYPE
-- ACCORDING TO STATE DEFINED CATEGORIES
1980 TO 1990
-.".. Single Family Multiple Family
ÏU!: ill SFA è! ~ Totals
*._- 1980 35 6 180 .221
1981 99 15 382 496
1982 42 36 14 37 129
1983 16 74 188 278
-- 1984 291 142 18 70 521
1985 490 207 10 845 1552
1986 518 29 17 556 H2O
-- 1987 1077 195 200 1018 2490
1988 382 43 24 380 829
1989 599 147 575 1321
1990 590 17 133 812 1552
--
TOTALS 4139 669 658 5043 10,509
----
B. SUMMARY OF AFFORDABLE HOUSING BUILT PRIOR TO 1985
-- I n order to prov i de reference to the "at-risk" housing analysis
presented in Part 2, the fo 11 owi ng pre-1985 new construction
activity overview is also provided:
- Affordable Housina - New Construction
Unit Total to Date: 1,950
-- Units Prior to 1985: 728
Elderly:
HUD Section 202 100
-- HUD Section 236 186
(Non-Profit OWner)
City Density Bonus 32
- Family:
HUD Section 236 386
(4 projects)
-- HUD Public Housing 24
(Melrose)
-
_...-
1-3
._._-_.__._.~._--~'--_._.-.--- --------- ------ -~-~--"- --~-_._--_._----. . -_.__.----~._---~._--
II. AFFORDABLE HOUSING PRODUCTION FOR 1985-i990
Chula Vista has demonstrated that affordable housing can be developed
through 1 oca 1 directives and private sector i ncent ives. The City
produced 1,242 units of affordable housing during the 1985-1990 planning
period exclusive of Section 8, rental housing assistance, and IObilehome
conversions to low and moderate-income households. Ninety-three percent
of this new construction affordable housing production was developed by
the private sector, with limited cash involvement by the City through the
Redevelopment Housing Fund and tax-exempt bond revenue. More affordabl e
housing was actually produced by the City's density bonus program in new
construction (32%) then through any other program during this period.
This program requires no actual cash commitment from any public funds.
Units Durina 1985-1990: 1..lli
· HUD Elderly Public Housing 59
Elderly Density Bonus 374
Affordable Housing Policy 275
Family Density Bonus 16
Multi-Family Bond Sale 121
Redevelopment Housing Fund 197
Navy Housing 200
In addition to the new construction units made affordable to low and
moderate-income households during the past planning period, the City also
provided: a) rental housing assistance through HUD Section 8; b)
mobil ehome conversions to 1 ow- income renta 1 s and ownership; and c)
, rehabilitation loans for owners and rental housing.
1- Section 8 Rental Housina Assistance
Elderlv Famil v IWl
Pre-1980 144 220 364
1980-85 101 117 218
1985-90 184 (33%) 366 (66%) 550
Source: SANDAG Revised Housing Needs Performance Report
10/90. Program activity implemented since 1/1/90
, will be tabulated in the next Element review.
2. Mobilehome Conversions
In 1987, Chula Vista assisted a total of 55 households within
the existing Orange Tree Mobilehome Tra il er Park. 24
mobil ehome spaces were purchased by the City and are being
rented to low-income seniors, and 31 low-income senior
households were assisted with low interest loans for the
purchase of their spaces.
· 3. Rehabilitation Lendina Activitv
A total of 250 loans to single family and mobilehome owners
were made. In addition to this, ten renta 1 units were
rehabilitated using the HUD Rental Rehab Program.
1-4
·
The City has conducted an aggressi ve market i ng program to rehabil i tate
many homes in the newly annexed area of Montgomery. The City has also
maintained a commitment to mobile home park rehabilitation, conversions,
and relocation assistance, as well as continuing to expand its
involvement in housing related social services, such as homeless shelter
referrals, in order to create a well-balanced and comprehensive housing
program.
-"~- A. SUMMARY OF FINDINGS IN AFFORDABLE HOUSING PRODUCTION
The following is a summary of Housing Program productivity over the
---, 1985-1990 planning period in accordance with quantified objectives:
1. Previous objectives stated the City needed to provide
-.-.- assistance to 740 lower-income households during 1985-1990.
During this time period, Chula Vista has provided 1,511 units
of new construction, Section 8 rental assistance, and
mobilehome conversions to low-income households.
--
2. Density Bonus production for senior housing in this planning
period produced 374 units. The previously set objective of 60
..-... uni ts was greatly exceeded. Although no object i ves were set
for family housing in the 1 ast El ement, 16 low-income family
units were built.
...-- 3. Homeownershi p opportunit i es were extended to 53 1 ow- income and
245 moderate-income first-time buyers, and 48 1 ow- income
elderly buyers. No specific objectives were previously stated
--.- for moderate- income famil ies, and the low-income elderly goal
was exceeded by 8 units.
__u 4. A HUD Section 202 senior housing project has remained unfunded
pending new appropriations from Congress. The funding approval
for this project was delayed in 1989 when the proposed
structure was reduced from a 5-story building to a 4-story
-- building. The non-profit sponsor, the Salvation Army, is still
pursuing this 75 unit project, for which the City has approved
a conditional use permit.
--
5. Low-Rent Public Housing production exceeded the stated elderly/
handicapped objective by 23 units, but did not achieve the
.." family housing objective of 114. There are currently 22 units
of 1 arge family housing in the construction phase of
development (Dorothy Street Site), and another 295 units
remaining to be built pending site selection. These units
~._.- represent the remaining balance of authority to ,·construct,
acqu i re or develop· 400 1 ow- income hous i ng uni ts approved by
the City voters in 1978.
--
6. The HUD Section 8 deep rental assistance subsidy objectives to
assist 455 low-income households were exceeded in three out of
the 1 ast fi ve years as reported by SANDAG. A total of 550
-- low-income households were assisted during the planning period
with 33% of these units assisting elderly households, and 66%
assisting family households.
1-5
---"-~-------_.~-----~-.---_._--"-~---~--~--~--"----'.._------_..~--_.__.-
7. The housing rehabil itation loan programs taken together
(Single-family and mobile home) exceeded the stated objective
of 200 assisted households by 25% for a total of 250 rehab
loan s .
8. The Shared Housing referral program also exceeded the number of
successful annual matches performed. The annual objective was
60, but over the last fi ve years the actual annual average
reached 80 matches per year.
9. The last quantified objective previously identified in the
Housing Element was the renter rehab loan program. This
program has averaged 2 units a year rather than the 15 per year
previously stated. The COßlllunity Development Department has
since hired new staff to aggressively lIIarket this program
beginning January 1991.
10. Consideration should be given to the following areas in which
substantial activity did not occur during the last five years:
1. Demonstration projects which reduce building costs, and
provide a substantial number of affordable units.
2. Modular or factory built housing.
,
3. Other experimental i nfi 11 projects utilizing tail ored
standards.
4. Structured annual reviews of Element implementation.
5. Specific fast track procedures and check 1 i sts for the
processing of low-income housing projects.
6. Enforcement of the existing requirement for an
"Affirmative Fair Marketing Plan" for projects involving
more than 50 units.
·
7. Inter-departmental pre-planning conferences regarding
affordable housing provision on res i dent ia 1 project
submittals.
·
1-6
·
B. PROGRAM DESCRIPTIONS
-.--
The fo 11 owi ng is a more deta il ed discussion of each program's
productivity during the last fi ve years. All guaranteed housing
-..- provided either through new construction units or rental assistance
will be described first, followed by a discussion of all potent ia 1
housing production through the City's various regulatory ordinances,
policies, and the new Military Housing Project. Following this, the
-- rehabil i tat ion, mobile home, and relocation programs will be
discussed, and finally those soc i a 1 services related to housing
funded by Commun ity Development Block Grants (CDBG) will be
-- described.
The San Diego Association of Governments (SANDAG) distinguishes
between "guaranteed" and "potential" affordable housing units.
-- Guaranteed unit rents are regulated according to an individual
tenant's household income. Potent i a 1 units are given benchmark
rents for the ent i re project whi ch cannot exceed 1/12 of 30% of
-..,. either 80% (low) or 120% (moderate) of the area median income. The
area median changes yearly. These HUD generated figures are
suppl ied to the City through the Housing Authority of San Diego or
-- SANDAG every year. (Median incomes rose significantly in 1990 which
will affect the next planning period benchmark rents.)
A list of all projects cl ass i fi ed by program a 1 on9 with a project
--.- location map (#'s) have been included in this section as reference
points to the narrative description. (Assisted housing map locator
#' s are inserted throughout the text.) Thi s exhi bi tis located on
-,- page 1-31 of thi s report. All affordable housing projects since
1971 are included in this exhibit because 386 units built prior to
1985 may be at-risk during the next five years. At-risk units are
-- those units owned by private investors who may elect to convert the
affordable units to market rate rentals within the next planning
period.
-- 8.1 Guaranteed Housina
1. Public Housina
-..-
All guaranteed housing units were HUD assisted. Chula
Vi sta produced 59 guaranteed housi ng uni ts. These units
-----. of new construction were funded through HUD Public Housing
under a development contract the City has with the San
Diego County Housing Authority. The Housing Authority
al so manages the Section 8 certificate and voucher
---- programs for the City.
--
--
--
1-7
_._-_.,_._-_._-,-_.,--------~----~- ------- ~-------- _.,._"------_._~--~.~
On 4/11/78, and pursuant to State Constitution Article 34,
Chula Vista voters passed a 400 unit referendum for
low-income housing production. Subsequently, in 1978 and
1987 the City of Chula Vista entered contract agreements
with the County Housing Authority to develop and manage
123 units within the City limits. Under this
authori zat i on, one pub li c hous i ng project was developed
within the planning period in 1985; "Town Center" (#27) a
59 unit senior project. Tenants Ire currently
contributing between $150-200 a month for rent, making
these affordable to those earning 50% or less of area
median income. This project is extremely popular and
currently has a 2 year waiting list.
2. Section 8 Certificates and Vouchers
During the planning period, Existing Section 8
cert ifi cates and vouchers assisted over 550 households.
HUD officials maintain that Chula Vista has been
consistently over-leased in each of the five (5) planning
years. Meaning that for every tenant whose eligibility
expires, another equally qualified tenant replaces them
immediately. Current waiting lists for large family units
exceed 2 years.
3. Militarv HousinQ
The Navy and a turn-key developer built a 200 unit family
housing project call ed Lofgren Terrace (#13) . This
project is subsidized and managed by the Navy. Senior
enlisted families of class E4-E6 range, with a minimum of
two years service, are el igible for un it s . In this
project, the mil i tary does not distribute the "Basic
Allowance for Quarters· (BAQ) and ·Variable Housing
Allowance" (VHA) . These two bonuses are considered
add-ons to fami ly household income, but according to
SANDAG's Hous i ng Needs Performance Report, do not di sturb
the "guaranteed" status of these family units because
techn i ca lly each househol d is payi ng 0% of thei r mili tary
income on housing. Currently, there is a 2-3 year waiting
1 i st for this and other mil itary family housing,
indicating that the value of the Lofgren unit is greater
than the $500-$600 combi ned value of the BAQ and VHA in
the market place.
,
1-8
B.2 Potential HousinQ
Chula Vista has produced 963 newly constructed potential
housing units in the last five (5) years. This represents
about 93% of the new construction affordable housing developed
during this period.
The following table categorizes each project by the deeoest
-- level of subsidy it received as some projects did receive more
than one incent ive. Projects produced under the "Affordabl e
Housing Program" usually received no cash or density bonus
.., incentives. Projects receiving both a density bonus and bond
financing are discussed under the bond program. The below
listed categories follow the State HCD guidelines in order to
avoid over or double counting of units.
The units by category of housing are:
-- Senior Density Bonus 374 units
Affordable Housing Policy 255 units
Family Density Bonus 16 units
__ Multi-Family Bond Sale 121 units
Redevelopment Housing Fund 197 units
Total: 963 units
1. Senior Densitv Bonus
-, In the Chula Vista Senior Density Bonus program 374 units
in seven (7) complexes were produced (#'s 3, 4, 6, 14, 17,
23, 24). This represents 30% of the total new
_, construction affordable housing produced during the
planning period. Each project is under a separately
negotiated Cooperation Agreement, which compels the owners
to restrict the rents for. 10-25 years under a Conditional
., Use Permit (CUP) in exchange for significant density
bonuses and reduced parking space requirements.
-- The average rent in these units are $345 for a studio,
$468 for a one bedroom, and $630 for a two-bedroom. In
some complexes, 40-50% of the tenant rents are also
_, subsidized by Section 8 programs. These subsidies,
however, are not mandated as part of the dens i ty bonus
cooperation agreement and may be terminated by the
landlord. Each unit rent must fall within the guidelines
-- of HUD Section 8 Fair Market Rents (FMR) by unit type and
household size. The senior density bonus program has
out-performed all other programs in the City.
2. Affordable Housina Policv
The Affordable Housing Policy requires developers of
- projects with more than 50 units to explore Federal and
State subsidy programs and other economically feasible
means of reducing the price of housing, in providing at
-, least 5% of the units to low-income households, and 5% of
1-9
~ ___...__"...,.,~___.___.___" ... ,. .·_..___m___ ..,.,.____,_,_,_.______
the units to moderate-income households. In reviewing the
two development projects "EastLake" and " Beacon Cove"
which produced units under this program, two main areas of
concern arose: 1) the duration of restrictions are too
short, i.e. , in the case of "for sale" EastLake
properties, no restrictions on the next sale were
required, so that these units would not necessarily be
affordable after the first-qualified buyer takes title;
duration of the rental restrictions is only ten years
( refer to Beacon Cove discussion page 12); 2) the
affordability range of sales prices and rents appear to be
at the high end of the low and moderate-income thresholds
as illustrated below.
a. For-Sale ODDortunities Under the Affordable HousinQ
Policy
The EastLake development, comprised of severa 1
subdivisions totaling 2,384 si ngl e-family and
condominium units, produced 101 units for low-income
buyers, and 139 units for moderate-income buyers.
The following discussion analyzes the affordabil ity
of the three EastLake tracts which qual Hied between
1986-1989:
The three tracts of homes which sold over three years
during planning period were: Camelot (#5), Villa
Martinique (#28) and The Cottages (#9).
,
In the Camelot project, average sales prices were
between $82,344-$105,127 for 1 ow- income buyers
($22,880-$29,360) annua 1 incomes), and $85,750-
$117 ,041 for moderate- income buyers ($23,166-$44,040
annua 1 income). These units were sold in phases over
a three-year period between 1987-1989. The Cottages
sold during 1987 for· $107,072 and were affordable to
moderate-income households. Finally, Villa
Martinique was the most affordable project with sales
prices ranging from $67,778-$74,061 for low-income
households, and $74,527-$74,870 for moderate-income
. households during 1986-1988.
Unl i ke rental housing, many factors must be combined
before a determination can be made about true
affordabil i ty. In the analysis of for-sale
affordabil i ty key factors are the terms and
conditions of financing (i.e. , lending terms and
underwriting ratios).
.
1-10
According to performance data provided by the
developer, about 36% of the 1 ow- income households
appear to have qual i fi ed for FHA loans which only
require 3%-5% down payment. Approximately 40% of the
-~, low-income buyers had large (greater than 25%) down
payments. Whil e no cl ear proof was provided by the
developer, it could be that many of the buyers with
1 arge down payments and low annual incomes were
"empty-nester" senior low-income homebuyers. In th i s
way, the City JRet the stated goal to provide
a ffordab 1 e housing to senior home buyers on fixed
-_.~ incomes.
In the total development, 61% of the moderate-income
-- purchasers appeared to use some type of FHA financing
or a conventional 95% adjustable rate mortgage (ARM)
as evidenced by the very low « 5%) recorded down
payments.
Using Vill a Martinique as an example, estimated
principal and interest payments for the 1 ow- income
_.u buyers exceeded the prescri bed affordabl e 1 imi ts by
about 23%, whil e the average moderate-income
principal and interest payments only exceeded the
affordable 1 imits by 10% at most. It should be
noted, however, that this analysis does not take into
account the tax advantages in homeownershi p or the
long-term advantages of equity-building American home
- owners have long enjoyed in markets such as Southern
California with steadily rising appreciation rates.
Additionally, it seems that as long as people
continue to have confidence in the potential economic
gains of homeownership, they are willing to pay more
than 30% of their gross median income for the ability
-- to own a home. For planning purposes, it may be time
to develop another method of analysis to gauge
homeownership affordabil ity which incorporates
-- tax-incentives and appreciation factors.
- '
--
1-11
--.---...----.-----.---...--,-.,- _" __"._.'_'__n_..·__,. --,_.".".-- -- - .,---_..... _._"'--_._~._--_.,-,..,--_._...__.__._-
b. Rental Housina Under the Affordable Housina Policy
The second ¡ffordable housing policy project is
Beacon Cove (#1) in which 35 rental units were
set-aside out of 177 units for ¡ period of 10 years.
Buil t in 1986, the current restricted rents are $585
with market rental rates of $630-650 for a
one-bedroom; and $705 restricted rent with $750-785
market rate for a two bedroom. The current rents
should be restricted to 30%, 1/12 of ~ of the area
median ($37,900). This would mean, that to be truly
affordable, a one-person household should pay no more
than $530/month; a two-person household should pay no
more than $606/month; and a four-person household
(maximum allowable for a two-bedroom) should pay no
IIOre than $758/lIOnth. Using this criteria, some of
the tenants may be overpaying per their individual
househo 1 d income 1 eve 1 though the project is
operating within contract conditions.
Restrictions will continue to be monitored until 1996
at wh i ch time the owner may convert th is complex to
market rate rents.
3. Tax-ExemDt Bond Financina
Tax-exempt bond revenues helped finance 608 units of which
20% were set-aside for restricted rents for a minimum of
10 years. Bond revenues were used to provide below
market-rate construction and permanent financing in
exchange for the foll owi ng 121 restri cted rental uni ts.
The two projects include:
Low Income Total Units
Eucalyptus 75 units 376
Terra Nova 46 units 232
,
Built in 1986, current rents at the Eucalyptus project are:
Bedrooms Size: Sinale ILl ZLl
Monthly Rent: $420 $475 $535
The owner is also restricted from any condo-conversions
for 10 years. Vacancy rates fluctuated in the last 4 years
but have stabilized at 5% in the total project. There are
no vacancies in the affordable unit category.
1-12
.
The second project is Terra Nova. Built in 1985, this 232
--- unit project has 46 restricted rental units. The current
rental schedule is:
-,,- Bedroom Size: ill ill
Restricted Rent: $580 $685
- Market Rent: $630-635 $745-755
In review, the restricted rents under the the current bond
programs appear to be more affordable than those provided
under the "Affordable Housing Program". However, the ten
year restriction of rents seems too low given the level of
- - subsidy each developer received (below market interest on
permanent financing for the life of the loan).
4. Familv Densitv Bonus
-'..-
Under thi s program, Cooperat i on Agreements are negotiated
with each developer to set aside up to 25% of the
project's pre-density bonus units for restricted rents in
accordance wi th establ i shed contract guide li nes for 10-25
years. An annual review of current rent roll s is
required. A total of three (3) projects involving 16
-_.- affordable units were produced under the family density
bonus program. (#'s 11,29,21).
-
Restricted Total
Units Units
--
Fourth Avenue: 9 53
Woodlawn: 6 37
Zuniga: J ....8
Totals: 16 98
The following rent schedules ill ustrate both the current
- restri cted rents and the market rates for dens ity bonus
family projects:
-, Restricted Rents/Market Rents
Bedroom Size: Studio ill ill
- Fourth Avenue: $420/ $475/585 $535/705
Woodlawn /595 /695
Zuniga/Oxford on /575*
_-·0 Section 8 Contract 157*/
* The Zuniga project built in 1987 has only one restricted
rental out of the eight (8) in the project. Current
_.... contract rent is $575 for bedroom, bath.
a one one
However, this tenant is assisted by Section 8 and
contributes $157 per month toward the rental payment.
1-13
--,-_._- -~-----,-_._~.- -~-_.
The level of affordabil i ty, while within the acceptable
contract range, does not effectively meet the needs of
those famil i es earning between 50-80% of area median
income. It is this groups' needs that the future
comprehensive housing programs will address during the
next planning period.
8.3 Redevelooment Housina Fund Proarams
The Redevelopment Agency was incorporated in 1972. Since then,
two Redevelopment Di stri cts have generated tax increment funds
which have been used to increase and improve the supply of low
and moderate-income housing.
According to the Chul a Vi sta finance records, the following
funds were available in the Housing Fund from 1987-1989.
~ ~ ~
New Funds: $742,890 $660,242 $ 595,693
, Total: 842,471 987,639 1,110,290
During the planning period, severa 1 very different projects
have been funded. Following is a detailed description of the
programs expanding home ownership opportunities for single
family and mobile home owners, landbanking, and finally an
equity share deferred loan rental complex. Wh il e 50% of the
Fund is currently used by the COl1lllun i ty Housing Improvement
Program (CHIP), the detailed discussion of that program follows
under the separate heading of Rehab Programs.
1. Homeownershio
·
a. Brandvwine
In addition to the home ownership opportunities
offered through the affordable housing policy,
between 1988-1989, a unique home-ownership program
for qualified first-time home buyers was made
available to 126 moderate-income households in a 168
unit condo complex ca 11 ed Brandywine ('2) . $1.6
Million of the Affordable Housing Fund supported this
project in the form of a SO/SO loan and grant to
Housing Opportunities, Inc. (HOI). HOI is a
· non-profit, housing corporation that managed the
project.
The Hous i ng Fund made a SO/SO combi nat i on loan and
grant to the non-profit who would market the program
to first-time buyers. The program offered to reduce
·
1-14
the principal amount to be financed in each unit by
--,'- originating a "silent second" purchase RIOney loan
which would have been secured by a second Trust Deed
payable in 20 years. However, as previously
-- mentioned, the interest rates became so attractive
that 75% of the first-time buyers were able to
qua 1 i fy for permanent financing using FHA and/or
CHFA loans through Home Federal Bank at very
- favorable interest rates and terms (8.8%, 30-year
fixed rate).
-- The loan to the Agency was paid in full and that
portion of the profits in excess of 10% of the
project sales were also returned to the Agency in
1990. The grant portion ($800,000) was used to
-..- write-down the costs of needed project
infrastructure.
- b. Oranae Tree Mobile Home Loans
The Community Development Department loaned $500,000
to the Orange Tree (#19) Homeowners Association to
help existing res i dents purchase spaces within this
mobi 1 ehome park. Addit i ona lly, in the FV 88/89, the
Agency made direct loans in the total amount of
..- $250,000 from the Fund to another 26 el igible
low-income residents to help purchase their spaces.
In order to be eligible, borrowers had to be over 62
-.-- years of age and low-income (under 80% of area median
income). These loans are secured by Deeds of Trust
and are due in 2017 or when the property is sold.
-- The Agency wi 11 also participate in an equity share
of the appreciation of the mobile home property at
the time of sale.
--',- The Commun ity Development Department also secured a
$600,000 loan from the State Housing and Community
Development Department to help acquire the site for
-..- the Homeowner's Association. In addition, $100,000
from the City Housing Fund helped make the necessary
park improvements required by the final subdivision
- map approval.
2. Landbankina
-..- Lower Sweetwater Site
In 1986, the Redevelopment Agency purchased a 14.5 acre
----- site known as Lower Sweetwater for $160,000. At the time
this site was not committed to a specific use, however, in
-,-
--
I-IS
-- "---,,----,,...---_..-,_.'---,-_._~-------,. . -~_.__.._-----,---------,.__.
1989, St. Vincent de Paul initiated a proposal to build a
mobile home relocation park on the site. Since then, the
site has been under consideration for this use and is
currently awaiting a final EIR determination.
3. Rental Housina New Construction
a. Oranae Tree Mobile Home Park
In February 1989, Chula Vista Redevelopment Agency
purchased 29 spaces and coaches in Orange Tree mobile
home park using $600,000 as a 25~ down payment from
the Redevelopment Hous i ng Fund. The balance of the
sales price was financed through mortgage loans from
the Bank of America. Loan payments are serviced
through the rental income from the 24 space rentals.
The park is a senior citizen park, and to qualify for
residency at least one resident per trailer must be
62 years of age or older. Orange Tree is
predominantly owned by the park residents who have
retained a property manager to collect cOlll1lon area
maintenance fees and enforce park rules. The
Redevelopment Agency has retained the same property
manager to collect the rents and manage the remaining
24 rental units it owns in the park. The space rents
are $307jmonth and include association fees and
$375jmonth for the one space and trailer available
for rent.
The long - term goal of these City-owned spaces is to
sell them to low-income senior residents. To date
five (5) spaces have been sold with the proceeds
deposited back into the Housing Fund.
b. Multi-familv Rentals
In 1986, the One Park project (U8) restricted 71
units out of a 94-unit family complex in exchange for
an $850,000 deferred second loan payable in 10 years,
or at the time of sale. The Redevelopment Agency
will participate in an equity share of the
apprec i ated market value of 4. 5~ of the property at
the time of sale. All of the City's profit share of
the proceeds will be deposited into the Redevelopment
Housing Fund.
4. Rehab Proarams
Chul a Vista's rehabil itat ion program, known as the
Community Housing Improvement Program (CHIP) incorporates
three elements of assistance in originating single family,
mobile home, and renta 1 rehab loans. Together these
elements offer low-interest or deferred loans to all
1-16
segments of housing in need of repair. Approximately 90%
....,. of the loans were originated through the Redevelopment
Fund, while the remaining 10% of the funds utilized either
CDBG or the HUD Rental Rehab Program.
-- During the years of 1985 to early 1990, nearly $4 Million
dollars have been loaned to 134 10w-incotlM! single family
homeowners at an average of 27 loans a year. The City has
-- also originated 107 loans and grants total 1 ing over
$155,000 for mobile home rehab. In addition, 10 rental
rehab uni ts benefited from the City's two Rental Rehab
-.-"- Programs.
a. Sinale-Familv Rehab loans
-.....- The single family rehab loans include every facet of
home repair and remodeling such as roof replacement,
kitchen and bath renovation, complete floor-covering,
-- fencing, and outdoor siding. loans cover the cost of
room additions, and in some cases complete new home
replacement when the existing home is beyond
economical repair. The loan amounts vary but
typically are $27,OOO-34,000/each. Terms are 5%
interest for 15 years or deferred for the 1 i fe of
anyone 62 years of age or older whose income is equal
--..- to or under 80% of the medi an income, payable upon
change of ownership and secured by a lien on the
property.
--
loans made to non-elderly individual s with incomes
1 ess than 50% of median income may have their loan
-"-- payments deferred for two years and secured by a lien
on the property. Recertification is mandatory to
defer the loan for another two years or placing the
owners in a paying status of 5% for 15 years.
-..-
b. Mobilehome Owner Rehabilitation Loans
~ This program provides a grant to eligible mobile home
owners of up to $1 ,000 to cover the costs of
rehabil i tat i on items. Under certain circumstances,
this can be increased to $1,999 by approval of the
.-,,- Trailer CHIP loan Committee.
The Agency has originated 107 loans and grants over
-- the past five years in excess of $155,000. The
average grant is above $1,500 and usually is enough
to complete the requi red work. Projects requiring
- , more than $2,000 worth of work may be eligible for a
5% loan. Deferred loans are not made for mobilehomes
and trailers.
-
---
1-17
- -
--,_...--,- - - --~"_.~--~--~,-_._._-,---,,~..""_. _.._---
Most eligible grantees chose to accept the full grant
amount and make up the difference in any additional
cost from thei r own resources. Approximately 70-90%
of the mobile home loans were made to elderly
households. The remaining loans were lItade to
disabled individuals, of which ~ were Minority
households.
In the last five years, 3 coach replacement loans
were made to owners whose existing coach was beyond
repair.
c. Rental Rehab Proaram
There are two rental rehab loan programs owners can
ava il themselves of in order to maintain their
properties at acceptable level s, and keep rents
withi n the levels required by Section 8 Rental
Guidelines.
(1 ) The City's own program will originate a loan to
cover the full cost of rehabil itation in
exchange for a 5% loan payable over 15 years.
Annua 1 payments may be estimated at $8 of debt
servi ce to every $1000.00 borrowed. Rents may
be no higher than Sect i on 8 rental guidelines
for a period of 10 years.
(2) In this HUD Rental Rehab Program, the owner
appl ies for a schedule of rehabil itation work.
If all the work requested fa 11 s within the
guidelines established by HUD as to per unit
costs, the loan amount (including administrative
costs) is matched on a 50/50 basis with HUD
funds. The amount of money loaned is a 10 year
deferred forgiveness loan in that every year 10%
is deducted from the principal amount and at the
end of 10 years the owner owes nothing. The
owner must agree to continue renting to
low-income fami 1 i es for 10 years and must not
convert the units to condominiums.
Maximum loan assistance is 50% of the per unit rehab
costs to a maximum of $7,500 per unit for two bedroom
units and $8,500 per unit for a three bedroom unit,
but this can be increased 14% by permission from
HUD. Eighty percent of the loan s were made to
rehabil itate two bedroom units. Occupants in 50% of
the units had incomes of below 50% of area median.
1-18
.
During the planning period, 8 units were refurbished
_.--~ using HUD rental rehab funds of $58,611.34. A total
of (4) Section 8 vouchers and (4) Section 8
certificates were used in conjunction with this
-...- program.
SUl11llarv
-,..- Overall the combined efforts of single-fa.ily, mobile
home and rental rehab programs makes this one of the
strongest performing elements of the City's housing
~._- programs. This program targets properties with
substandard conditions which warrant structural
repair loans. The residents of the rehabil itated
-- units are predominantly (70%) occupied by lower
income people (incomes below 80% of median). Either
by direct lending or through Section 8 rental
subsidies 1 ow- income household are receiving direct
-,- benefits from these efforts.
loan Screenina and Evaluation
--
All proposed loans are screened and evaluated by the
City staffed CHIP loan cOl11llittee. Approved loans are
then referred to the Bank of America for loan
- processing. Mobile home park loans are screened by a
committee of mobil e home park residents and are
processed through the Bank of America as well.
--
5. Mobilehome Proarams
The City has made a deep COl11llitment to mobile home park
issues with its ordinances regarding mobilehome relocation
assistance, rent arbitration, mob il ehome assistance
program, and mobile home rehab loans (previously
- di scussed). Each program adds an important component to
the overall assistance made to low-income mobile home park
residents.
,.----
Mobile Home Park Relocation Ordinances
-- Under the Mobile Home Park Relocation Ordinance, park
owners are required to submit a relocation assistance
plan with the COl11llunity Development Department prior
to any park conversion/closure being .approved.
-- During the planning period, one park closure occurred
at Al's Trailer Haven. Th is park owner went beyond
the requi rements of the ordinance and assisted all
-- tenants who requested assistance regardless of their
income or the length of time the tenants had resided
-
--
1-19
,.--
-_..._-",,-, -,,--------..., .....-.-,..- -~~---- --------- ....------ --------- --------
in the park. Thi s owner rented space in other parks
and held them open unt il hi s former tenants had an
opportunity to move the trailers into the new space.
All relocation costs were borne by the park owner who
a 1 so offered to buy tenant trail er and IIIObil e homes
at negotiated rates. A total of 49 units were
assisted in this park closure (3/31/89). Total costs
of relocation assistance were all privately financed.
Rent Arbitration Ordinance
This ordinance outlines the procedures by which a
mobile home park owner may raise space rents in their
parks. A fund was set-up, initially with a $4,000.00
grant from an association of mobile home park owners,
who wished to better coordinate and organize rental
increase disputes.
Not ice requi rements for regul ar rent increases up to
the current annual rate of the Consumer Price Index
(CPI) prevail. That is, if the space rent is a month
, to month tenancy, a 60-day notice is required.
However, if the 1 andl ord wi shes to rai se the rents
above the current annual CPI a copy of the proposed
rent increase must be sent to the Housing Coordinator
of the City. This spec ia 11 y worded notice (see
ordinance addenda) must be reviewed by the
coordinator and then given to the park residents.
Notice is hereby given to all affected lower income
residents (those whose incomes fall between $13,000 -
$15,000 per year) that they may be el igible for
monetary assistance to defray part of the cost of
arbitration in the event the residents dispute the
, increase. As a result, the City's Housing
Coordinator is responsible for monitoring compliance
and managing the arbitration process of any disputed
rent increases.
Bavscene
In 1987, the residents of Bayscene Mobile Home Park
were given a rent increase above the appl icable CPI
increase. At the time, the City's Ordinance provided
a mechanism for the residents to request mediation by
a third party. When mediation failed, the City
. enacted a Binding Arbitration Ordinance.
1-20
,
I n the interim period, specifically in February of
-.-- 1989, the park was sold. Both owners were involved
in the arbitration process. In July of 1990, the
arbitrator lIade an award in favor of the clahlants,
-~- the Bayscene resident negotiators. The award only
covered the period in which the original owners were
the owners. As a result, thousands of dollars in
excess of increases in the CPI have been collected by
-- the new owner which still need to be addressed. If
the new owner is required to correct the error, he
would have to refund over-charged rents and a rent
-- roll-back to those residents on IIOnth-to-lIOnth
tenancies.
A major misconception has existed in that the
-- residents believed the Ordinance was designed to
avoid attorney fees, court costs, etc. and would be
timely. This has not been the case. Having
_..,- exhausted the arbitration remedy, the residents have
since retained an attorney to bring this case to a
final resolution.
-.^- Mobilehome Assistance Proaram
In June 1986, the Redevelopment Agency of the City of
---- Chula Vista (. Agency·) approved a program of
assistance for the residents of Orange Tree
Mobil ehome Park in response to their specific
- requirements and also to provide a guide to evaluate
future requests. While the actua 1 assistance
provided to Orange Tree is di scussed under projects
-- funded by the Redevelopment Housing Fund, the program
provides loans to assist el igible mob 11 ehome park
residents to purchase their mobilehome parks, convert
parks to resident ownership and reduce the costs of
-- mobilehome park ownership to an affordable level for
eligible buyers. The intent of th is program is to
preserve a 1 ow-i ncome hous i ng opt i on preference for
-... low and, in some cases, moderate-income famil ies and
seniors. Financial assistance may include: 0%
interest on interim financing, long-term financing of
both blanket loans or individual loans which may be
-..- deferred interest or equity share loans due and
payable 30 years from origination if no sale occurs
within that time.
,..-.-,
Summarv
_..- The City has again been successful in creating a
comprehensive program that meets the diverse needs of
mobile home park residents in providing rehabil itation
grants and loans, relocation assistance and rent
--- arbitration resolution, in addition to expanded
homeownership opportunities.
-_.-
1-21
---.-..----...-.------ ...,-,.- _ _ ~...,....._.____._ _. _.. __._n'._._.mu.,._·o_, ..___.,...__....__..__ _ __ ____ _______________._________.
6. Relocation and Demolition Ordinance
In accordance with State and Federa 1 laws, the City
provides assistance to any individual displaced through
Redevelopment activities. During the pl anning period,
three (3) el igible home owners and fifteen (15) tenants
were relocated.
,
Di splaced tenants renting the acquired property for at
1 east three (3) months were el igible for up to a $4,000
displacement sum and an additional dislocation payment of
$200, and up to $400 in moving costs. Relocated tenants
with Section 8 vouchers received $850 for moving and
dislocation costs.
Displaced homeowners who had owned and occupied the
acquired property for at least six (6) months prior to the
initiation of negotiations for property acquisition were
eligible for a $15,000 relocation payment.
·
Table of Relocation Assisted Households
1985 2 Tenant Relocations
1986 No Residential Relocations
1987 6 Tenant Relocations
1988 7 Tenant Relocations (incl. 5 Section 8
transfers)
1988 1 Owner - Occupant Relocations
1989 2 Owner - Occupant Relocations
Total: 18 Relocated Households in the 5-year period
·
In the Coastal Zone, the City has demolished 3 low-income
housing units since January 1, 1982. These 3 units are to
be replaced by 3 units in the Dorothy Street family public
housing project, to be completed in June 1992. These
units are located within 1/2 mile of the Coastal Zone. No
new housing units have been approved for construction in
the Coastal Zone since January 1, 1982.
7. Weatherization Proaram
· While the City does not operate a weatherization program,
one of the 1 argest non-profit organizations in the San
Diego area, Metropolitan Area Advisory Committee (MAAC) ,
use State monies of approximately $500,000 a year on a
grant program targeted towards individuals whose annual
incomes are below $9,264 (two person maximum). The
maximum grant size is $1,600 but due to the reduction in
tota 1 funds available each year, the program manager now
only authorizes $400 grants per household. This allows
the program to serve as many people as possible,
approximately 254 households in the South Bay a year.
These grants are used to weather-strip homes and replace
· windows and/or doors.
1-22
B.4 CDBG Funded Proarams
-..-
l. Overview of EXDenditures
-....- The City has used the Co.munity DevelOpMent Block Grant in
a variety of ways to promote neighborhood iaprovement
projects that directly affect the overall health of the
cDlIII1unity. The following is a record of the CDBG
-- performance from 1985-1990.
TABLE 2
OVERVIEW OF CDBG EXPENDITURES 19B5-90
1985 - $890,103 Total Expenditures * Housing Related
47%
Housing Loans 339,000 *
Referra 1 s 42,000 *
Code Enforcement 33,000 *
Public Works 188,200
Social Service 52,500
Administration 69,403
Economic Dev. 166,000
1986 - $1,129,444 Total Expenditures * Housing Related
37%
Housing Loans 351,000 *
Referra 1 s 47,200 *
Code Enforcement 9,000 *
Public Works 426,100
Social Service 75,160
Administration 214,450
Economic Dev. 6,534
1987 - $351,000 Total Expenditures * Housing Related
20%
Mobile Home Loans 42,600 *
Housing Referrals 29,800 *
Public Works 110,500
Social Service 103,100
Administration 64,900
Economic Dev. 100
1988 - $1,469,500 Total Expenditures * Housing Related
5%
Housing Loans 17,100 *
Referra 1 s 61,400 *
Public Works 1,188,000
Social Service 57,100
Administration 57,000
Economic Dev. 88,900
1989 - $782,380 Total Expenditures * Housing Related
16%
Housing Loans 44,107 *
Referra 1 s 83,070 *
Public Works 396,322
Social Service 111,802
Administration 84,670
Economic Dev. 62,409
1990 - $1,412,694 Approved Total Budget * Housing Related
3%
Housing Referrals 40,000 *
Public Works 967,094
Social Service 174,150
Econ Dev./Adm. 231,450
1-24
.
2. Shared HousinQ
Approxi~ately 400 people were assisted in finding roOM and
board through the South County Council on Aging in the
last five years. This program has received approximately
$18,000 a year from Chula Vista's CDBG allocation. They
match seniors with single IOthers, and other single
individual s who need room and board, with elderly
_n' homeowners who have extra rooms which they are willing to
rent. Typical rental rates are $250-275 per IOnth.
__, 3. Homeless Shelter Referrals
Although there is a lack of detailed information that
accurately enumerates homeless individuals by geographic
-- area, in 1988, The Regional Task Force on the Homeless
prepared a report for the South Bay sub-region which
includes National City, Chula Vista, llIIperial Beach and a
__ portion of San Diego. The total number of South Bay
homeless who spend the night on the streets, in an
automobile, in a park, on the beach, in a campground or in
unauthorized campsites on any given night, is estimated to
- - be between 135-200. A more conservat i ve estimate of 125
is supported by observations reported in the Task Force on
Homelessness in the South Bay published in 1988.
Homelessness is recognized as a regional problem shared by
all cities within the South Bay. To help meet its share
__ of the problem, 12 churches in Chula Vista have been
permitted to participate in the Inter-Faith Emergency
Shelter Program, and two local motels participate in the
South Bay Voucher Program within the City limits of Chula
-- Vista. Additionally, the homeless may be referred to some
of the other shelter programs listed below.
_0' The homeless service screening agent in the South Bay is
the Lutheran Social Service. They screen the South Bay
cases and evaluate the emergency needs of these peopl e.
__ The ultimate purpose is to refer them to the following
facilities and/or programs:
a. South Bav Voucher Prooram
According the the Task Force Report on the Homeless
(1988), "during some portions of the year, homeless
..' families and a limited number of single adults may
receive vouchers for a two-week stay in selected
motels through local social service agencies. During
periods of shelter voucher availabil ity, an average
of five single adults and twenty-five family members
1-25
_...___. _ _____..___..._____.. __..___'__'__ __.____,_.'.~_m____.._.___'_.._'.m.____' ""_"_' _..___~__..m___.____~,___....._,____._____
can be found in the two participating South Bay
motels each night in Chula Vista and Bonita. During
...a vouchering period, nearly half of the 177
separate individuals sheltered were children."
A voucher is issued to individuals and families which
provides room and board for up to (2) two weeks.
This system served 527 cases in two local hotels in
the last year. The next cycl e of funds will not be
available until December 1990. This program is
funded through the Catholic Charities by the Federal
· Emergency Management Agency (FEMA).
b. Inter-faith EmerQencv Shelter PrOQram
Twelve beds are available to homeless people during
the months of December - Apri 1 each year for up to
six weeks at a time. This is a volunteer effort done
in cooper at i on wi th several South Bay churches
including twelve in Chula Vista.
To facilitate this program's success, the Chula Vista
City Council adopted an urgency ordinance on
September 13,1988 establishing an accessory use of
12 local churches as temporary shelters for the
homeless. A permanent amendment to Section 19.58.110
of the City's municipal code became effective on
12-9-88 allowing the accommodation of up to 12
persons to be temporarily housed at church facilities
subsequent to the adherence to specific conditions.
c. La Quinta - Hotels and Motels in PartnershiD
The La Qui nta motel in Chul a Vi sta part i ci pates in a
nation-wide effort by the Motel Owners Association of
· America who volunteer to provide up to 10% of their
rooms a year for the homeless. This program provides
28 free nights a year up to three nights per family
unit. This facil ity consistently uses its quota of
rooms per year.
d. Victorv Outreach
This communal housing shelter has been operating in
its downtown San Diego location for the past six
years. Upon referral from Lutheran Services,
prospective cl ients undergo further screening at the
· Outreach facility. This is a live-in, total
immersion training program for people with histories
1-26
·
of substance abuse. Approxi.ately 120 people a year
complete the 9-12 IIOnth training prog rail designed
around Christian Fundiilllentalist practices. There are
facilities for single lien and WOllen but no children.
The project counselor lAintains that once enrollees
---~ complete the progrUl, IpproxilAtely 50% are
completely successful It re-entering the working
world and leading nOnlal lives.
--
e. St. Vincent De Paul
.
Again, according to the Task Force study, "
. ..
approximately 1OJ. of the 900 shelter beds in San
Diego are occupied by individuals who originated from
the South Bay, according to shelter provider
--- estimates and actual tallies... ."
The St. Vincent De Paul shelter is just one of those
-- centrally located in the City of San Diego. This
shelter sponsors many 1 he-in, job-training
programs. Also during the 89/90 llleasles epidemic,
infectious cases were quarantined here. These
-- programs depleted the supply of beds available to the
homeless.
-,- In conclusion, the South Bay homeless population, is
estimated to be approximately 6OJ. homeless famil ies.
Almost two-thirds of these family members are
-_.~ children. These estimates are primarily based on the
observations of social service agencies. In addition
to the above referral efforts, an effort will be made
during the next planning cycle to develop and
---- construct a new shelter or transitional home to help
serve homeless families in the Chula Vista area.
--
C. AFFORDABLE HOUSING IN PROGRESS
-- Guaranteed Housina (392 units)
Public Family Housing 40 units
22 Units Dorothy Street
--- 18 Units l Street
Remaining Balance of Referenda 277 units
--- Authority (pendin9 site selections)
Section 202 (Salvation Army) 75 units
--
--
-
1-27
,._----~_.---~_._------_....~-,.._.__._------_._--,-----,-- -..-'._."-.--~-----.--.~-~~--
Potential Housina (878 units)
- Family Density Bonus 6 units
- Rancho del Rey (balance due) 23 units
- Terra Nova 72 units
- Sun bow (pending) 195 units
- EastLake I (balance due) 18 units
- EastLake Greens (pending) 277 units
- Salt Creek I (pending) 55 units
- Salt Creek Ranch (pending) 250 units
III. CONCLUSIONS
,
Areas Suaaested for SDecial Consideration
Wh 11 e Chula Vista has an impressive record of affordable hausing
production, some areas of improvement have been noted which will be one
target of the proposed programs described in Part 3. There are four main
areas which need special consideration:
I) deficiencies in application of private sector programs in
providing more units to lower-income famil ies for longer
periods of time.
· 2) expansion of funding sources including investigation of new
state programs and public-private partnerships.
3) attention to ensuring full and equitable neighborhood
integration of lower-income affordable housing within the
City's new eastern territories development.
4) an increased inter-departmental effort in monitoring
implementation of the goals and objectives of the Housing
El ement.
Wh 11 e these four special considerations form a broad framework, and
· summari ze opportunit i es for improvement ident i fi ed through comprehensi ve
review of the 1986 Housing El ement, more sped fi c refinements are
necessary to meaningfully guide development of the Comprehensive Housing
Plan embodied in Part 3. I n order to further direct pol icy and program
development responsive to these special considerations, the following
corollaries have been developed as suggestions for the 1991-96 planning
period.
·
1-28
SUGGested SteDs for the 1991-96 Plannina Period
To assist the City in lleeting the next S-y.ar goals the following steps
are recOMmended:
- - 1. A IIOre coordinated and integrated approach .-ong MpartMnts in
lleeting stated housing elt!llent goals which would tlK:l_¡ building
and code enforcelllent referrals to the rehab coordinator for
-- potential financial assistance, and increase in cUIRlUllication on
project decisions between the Planning and C_nity Develo lllll!nt
Departments during new construction project reviews.
2. A commitment to annual inter-departmental reviews of goals and
objectives in order to keep all departments apprised of the nu.erous
changes in the laws, regulations, financial constraints and ..rket
-- condi t ions affect i ng hous ing develo lllll!nt. Thi s expanded COllllli tllent
would include
a. A review of the Housing Advisory Comittee llellbership, role,
and function. Suggested expansion of responsibilities would
include review and recolll11endation on all affordable housing
proposals, and an annual review and report on all housing
policy and program perfonaance from the Housing Advisory
Committee to the Planning COMmission and City Council.
b. Consideration of affordable housing early on in the planning
process, including the General Plan Development (GDP) process
for those projects utilizing Planned Community (PC) zoning.
c. Standardized notification to the Housing Coordinator of all
projects which require affordable housing provisions at the
time of initial project application.
3. Exploration of non-profit sponsored low-income housing production as
the best way to insure long-term affordability and the leveraging of
-, 1 imited City doll ars into funding programs.
4. The Community Development Department .ay want to consider taking a
___ IIOre assertive role in packaging the first SAMCO (Savings
Association Mortgage Company Organization) or CCRe (California
Community Reinvestment Corporation) or Federal Home Loan Community
Investment Fund (CIF) loan proposal for selected developer(s) in
- Chula Vista. In this way, the City could lay the ground work for
successive activity in this type of "layered-private-sector
financing".
Additionally, new State programs have now become available for which
the City may want to take the lead in 1 and assembly and
pre-development on behalf of selected non-profit social service
agencies who provide a broad spectrum of services to particular
segments of the population (i.e. the elderly, handicapped, the
homeless, and the at-risk population).
1-29
~_____.____....___________,_ __. ___. - '.__"'.,_____..___,.,..________..'_____n_ ._.________._ ,___,,_~_~
5. In bringing the current density bonus ordinance into conformity with
new State mandates, the City will alter current guidelines for
density bonus family units, and put before Council an alternative
calculation which better responds to the needs of lower-income
households.
6. An alternative calculation might be considered for "for-sale"
properties which would distinguish between two groups: first-time
buyers and "empty-nesters". In other words, it .ay be too limiting
to exclude people who would be paying more than 30% of the area
median income on a housing payment and not make some adjustment for
tax credit advantages, value of appreciation, and the value of
upward mobility of home buying vs. renting. The City may develop an
equity share formula on a deferred loan program for first-time
homebuyers. This home ownership program would allow future re-sale
and loan pay-backs to be reinvested in future affordable housing
projects.
7. The Community Development Department has recently ass igned a staff
person to the task of annual rent monitoring of all on-going
cooperation agreements. A further recolll11endat ion is that on-goi ng
cooperation agreements be filed separately and not stored away until
the performance periods have expired.
8. In a joint effort between Community Development and Planning, a
marketing program should be developed to fac il i tate applicant
understanding of affordabl e housing requirements and compliance.
This program would include brochures describing the various
procedures, programs, and compliance requirements for affordable
housing production in the City.
9. Establish specific requirements and procedures for the submission
and review of an "Affirmative Marketing Plan" for the provision of
10% affordable housing in projects.over 50 units when the applicant
claims such housing provision is not economically feasible.
10. Improve systematic monitoring of rents and sales of units reliant on
conditional use permits or under cooperative agreements.
These recommend at ions are the subject of further program addressment in
Part 3.
WPC 0143p
1-30
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MaD No. Proiect Name Address
I. Beacon Cove 536 East H St.
2. Brandywine 1501 Brandywine
3. Broadway Apts. 1053 Broadway St.
4. Burkhart Senior 1241 Fifth
5. Camelot Lakeridge Dr. & Brookstone Rd.
6. Canterbury Court 336 CSt.
7. Castle Park Garden 272 Kennedy St.
8. Congregational Tower 288 F St.
9. Cottages Clearwater Pl.
II. Fourth Ave. Apts. 54-66 Fourth Ave.
12. Kiku Gardens 1260 Third Ave.
13. Lofgren Miracosta Circle
14. Meadows 1061 Granjas Rd.
15. Melrose Manor 1678 Melrose Ave.
16. Moss Street West 533 Moss St.
17. Oak Terrace 423 Church Ave.
18. One Park 350 Third Ave.
19. Orange Tree Mobile Park 521 Orange Ave.
20. Oxford Terrace 555 Oxford St.
21. Oxford-Zuniga 251 Oxford St.
22. Palomar Family 171 Palomar St.
23. Park Fifth Ave. 364 Fifth Ave.
24. Parkway Senior 411-415 Parkway Dr.
25. Rancho Vista 1419 Tobias Dr.
26. Terra Nova 440 East H St.
27. Town Centre Manor 436 F St.
28. Villa Martinique EastLake Terrace
29. Woodlawn #36, 38, 54 Woodlawn Ave.
1-32
,
TABLE B
CITY OF CHULA VISTA
SPECIAL HOUSING POPULATIONS - NEED INDICATORS
Estimated Pooulation Estimated Occuoied Households
135,163 47,824
The fo 11 owi ng tabl e enumerates the popul at ions whi ch present speci a 1 hous i ng
needs. Previous sections of the report have already described the unmet needs
of populations within the eastern territories, and among census tracts with
the highest concentrations of minority populations.
Estimated % Estimated Estimated
of Total Individuals Households
Elderly Population (65+ years) 11. 6% 15,767 9,751
_'·"0
Handicapped Population 10% 13,160
---
Large Families 14% 6,592
Single-Head of HH (Families) 10.2% 4,902
-...-
Homeless (Regional) 350-500
Families 255
-- Single Persons 107
Children 22
Substance Abusers 22
_. Mentally III 22
Household Ethnicity
Hispanic 37% 50,376
-,- Asian B% 10,BB5
Black 4% 5,721
White 50% 67,302
-,- American Indian .5% 622
Other .5% 257
Military Households 200
Mobilehome Park Households 3,613
Farmworkers 234
College-Student Population 9,602(1)
Sources: SANDAG Regional Housing Need Statement, August 1990
- 1990 Federal Census, April 1990
1. Based on estimated population for 19B9 Census Designated Places (COP)
- which use sl ightly different data boundaries than actual incorporated
areas.
- ...~
II-17
- --- - - -~ - --~-- --- -~ - --_.._---------.~- ----,--_._-
B.7 Student Pooulation
· Chula Vista is the location of one community college named
Southwestern College with an enrollment of approximately
9,602. The college director indicated that in times of
recession, full and part-time enrollment is expected to
increase as adults re-enter school to enhance employment skills
needed in the work force. Wh il e most of these community
college students commute from outside the area, some do compete
for local housing along with other low-income groups.
C. AT-RISK HOUSING
There are three types of housing potentially at risk of converting
· to market type rentals between 1991 and 2001 as shown in the
following table:
Potential At-Risk Housinq 528 total units
Family Units - HUD 236 386 units
Family Non-236 Units 110 units
Elderly Non-236 Units 32 units
C.l Family Units - HUD 236 Contracts
The fo 11 owi ng table illustrates the required information for
· the City's HUD Section 236 units:
a. Castle Park Garden Apartments
272 Kennedy Street
Chula Vista, CA 91911
62 non-elderly, low income units
Earliest Date of Conversion: December 1991
b. Oxford Terrace Apartments
555 Oxford Street
Chula Vista, CA 91911
· 132 non-elderly, low-income units
Earliest Date of Conversion: March 1993
(Owner may begin LlHPRHA process 18 months before the
project's 20th birthday)
c. Palomar Apartments
171 Palomar
Chul a Vi sta, CA 91911
168 non-elderly, low-income units
Earliest Date of Conversion: March 1993
(Owner may begin LlHPRHA process 18 months before the
project's 20th birthday)
·
d. Rancho Vista Apartments
1419 Tobias Drive
Chula Vista, CA 91910
24 non-elderly, low-income units
Earliest Date of Conversion: November 1991
11-18
·
In 1968, HUD developed the 236 program that provided both
-..,. mortgage insurance and mortgage interest reduction to
any
for-profit or non-profit developer who agreed to bu il d
affordabl e housing units for famil i es. Typically, the
-- contracts for these projects included a 40 year mortgage which
could be prepaid after 20 years, and if prepayment occurs, then
the project no longer has an affordabi 1 i ty requi rement. This
- prepayment option only applied to for-profit developers.
Unfortunately, HUD did not consider the consequences of thi s
prepayment option, and as a result, the nation now faces a
seri ous threat to its available stock of affordable housing.
- In 1987, this threat was brought to the attention of the
federa 1 government, and Congress passed the Emergency
Low- Income Housing Preservation Act (ELlHPA) . This Act
--.. precluded any prepayment until February of 1990, and in
February, the Act was extended until new permanent legislation
could be adopted. In 1990, the National Affordable Housing Act
was passed, and this Act included the Low- Income Housing
- Preservation and Resident Homeownership Act (LIHPRHA). LlHPRHA
wi 11 provi de a permanent sol ut i on to the preservat i on probl em
if it is adequately funded.
-
Chula Vista has four projects which were HUD financed using the
236 program. Currently, two of these projects have fil ed a
-- Notice of Intent which states that they intend to prepay their
mortgages. In reality, these projects probably wi 11 not be
able to prepay since both ELlHPA and LI HPRHA have strict
requirements for prepayment. Under LlHPRHA, these property
-- owners can elect to proceed under ELIHPA or LIHPRHA.
Nonetheless, both acts require an owner to prove that
- termination of the affordable units will not materially
increase economic hardship for current tenants (which generally
means annual rent increases of less than 10%) ; will not
-- i nvo 1 untari 1 y d i sp 1 ace current tenants; or wi 11 not adversely
affect affordable housing opportunities for low-income and very
low-income famil ies, including those families seeki ng
employment in the area, and minorities.
--
Both ELlHPA and LlHPRHA state that these un its should be
acquired by either a non-profit or a public agency whenever
-,,, possible. Undoubtedly, the acquisition costs of these units
will be high. Nonetheless, both laws provide acquisition
incentives to non-profits and public agencies, but LlHPRHA
mandates that the following incentives be given: (1 ) insurance
- for financing to 95 percent of the preservation equ ity
up
(equ ity as determined by HUD) under the HUO Section 241 (f)
program; (2) grants up to the present value of the total of the
-..- projected published Fair Market Rent s for Sect ion 8 Exi st i ng
Hous i ng for the next 10 years (or longer, if necessary); (3)
reimbursement for transaction expenses relating to acquisition,
-- such as ordinary transaction costs, financing fees and
--
II-19
--.-
- --" -_.._--_.~_._--.,-._..,-..._.- ......,-...-.,..-.. ---------~----- ,-----
·
operating deficit coverage. Subject to appropriations, LIHPRHA
also states that HUD must provide assistance sufficient to
enable acquisition at a purchase price not greater than the HUD
defined preservation val ue, to pay the debt service of the
mortgage and debt servi ce on any rehabil i tat ion loan, to meet
project operating expenses and adequate reserves, and to
receive an adequate return on any cash investment made to
acquire the project.
The approximate cost of acquisition for all four complexes is
· $26 mi 11 ion. This figure was determined by using the Section 8
Fair Market Rents and a gross rent multiplier of 8.
These "at-risk" projects should be preserved, whenever
possible, since it would be impossible for the City to replace
these lost units. The City has already received the notice to
prepay from two owners, and the other two projects can file
their notices in March of 1991. The owners of these bu i 1 ders
are receiving very small rents since the average rent for a two
bedroom apartment is $292, and for the most part, they have
burned thei r tax deprec i at i on benefits. Therefore, it is very
likely that they may attempt to sell or prepay.
·
To date, the City has identified the following resources which
could be utilized for the preservation of these HUD Section 236
units:
a. Redevelopment Agency Housing Set-Aside Funds: and,
b. Community Development Block Grant Funds.
Approximately $500,000 is available, but the City
traditionally uses CDBG funds for public improvements.
The Agency has $200,000 wh i ch could be leveraged in a bond
issue to produce $2,000,000. If a bond issue is accompl i shed,
· the Agency would have sufficient funds to provide a loan to a
non-profit for predeve 1 opment and equ ity since the estimated
cost, to the Agency, of preservation is $1,300,000. The cost
of preservation is significantly less than the cost of
replacement since this cost is estimated to be $40,530,000.
In the past 12 months, City staff has identified the following
non-profits which could assist with the preservation of the
City's HUD Section 236 projects:
a. Chicano Federation;
b. Civic Center Barrio;
· c. Interfaith Housing;
d. MAAC Project; and,
e. South Bay Community Services.
11-20
·
C.2 Non-236 HousinQ Units At-Risk
-
In addition to the HUD Section 236 Projects, the City has three
apartment projects which are at-risk because of expiring use
restrictions. These projects are as follows:
-..-
a. Beacon Cove Apartments
536 East H Street
-- Chula Vista, CA 91910
33 non-elderly, low-income units
Earliest Date of Conversion: 1996
-- Type of Government Assistance Received: Fulfi 11 ment of
the City's Affordable Housing Obl igat ion for the Terra
Nova Subdivision
---- b. Eucalyptus Grove Apartments
67 East Flower Street
Chula Vista, CA 91910
-- 75 non-elderly, low-income units
Earliest Date of Conversion: 1995
Type of Government Ass i stance Recei ved: Dens i ty Bonus &
~ Multifamily Housing Revenue Bonds
c. The Meadows of Chula Vista
1055 Granjas Road
-- Chul a Vi sta, CA 91911
32 elderly, low-income units
Earliest Date of Conversion: 2000
-- Type of Government Assistance Received: Density Bonus
To date, the City has identified the following resources which
- could be utilized for the preservation of these units:
a. Redevelopment Agency Housing Set Aside Funds; and,
b. Community Development Block Grant Funds.
-.,- Approximately $500,000 is available, but the City
traditionally uses CDBG funds for public improvements.
-- The estimated cost of replacing these units is $14,910,000.
In order to preserve the family units in Beacon Cove, the only
viable a lternat i ve is rent subs i dies since the existing
-.-,. contract specifically states that restrictions will terminate
ten years after the contract was executed. These rent
subsidies would provide, for the number of units currently
-- restricted, the difference between what the owners are allowed
to charge which is currently market rate and what market rate
may eventually be.
- Estimating the cost of rental subsidies is extremely difficult
since the City has no way of determi ni ng how much and when
rents win increase. Therefore, estimating the cost of
- preserving these units is nearly impossible. Since the Agency
--
II -21
.-.-
~~~~- ----- --- ~-- --- ---------------- ----------- - -.-.---.----,.
has 1 imited funds and this funding has been committed to
preserving the City's HUD Section 236 units and the Agency's
very viable rehabilitation program, the Agency would only have
approximately $50,000 to spend on rent subsidies.
The Agency is currently investigating the poss i bil ity of
refinancing the bonds for Eucalyptus Grove, and if this occurs,
· the Agency will require extended rental restrictions. With
this alternative the Agency will incur no costs.
Sen i or projects built were typically built under the density
bonus program, and they are less 1 ikely to convert to market
rents due to the Cond it i ona 1 Use Permits under which they
operate. In order to convert, the owner would have to
underwrite a considerable expense to bring the senior projects
into code compliance mainly for parking requirements. For
these reasons, it is unlikely that The Meadows will convert.
The fo 11 owi ng non-profit corporations coul d assist with the
· preservation of the above listed units;
a. Chicano Federation;
b. Civic Center Barrio;
c. Interfaith Housing;
d. MAAC Project; and,
e. South Bay Community Services.
Since the cooperation agreements with Eucalyptus Grove and
Beacon Cove allow rents which are currently prevail ing market
rates, the real impact of losing these units is minimal. When
the cooperation agreements were written, the median income for
· the San Di ego Standard Metropo 1 i tan Stat i st i ca 1 Area was much
less, and the rent restrictions were considerable.
D. PROJECTED NEEDS
D.1 Introduction/Current Estimates
Since the beginning of the last Element's planning period in
1985, the San Diego Region has experienced fairly rapid and
cons i stent popul at i on growth at an average of 3.6% per year,
coupled with an average growth in the number of housing units
of 3.7% as illustrated in Table 11. By comparison, Chula Vista
· has generally para 11 e 1 ed the reg i on wi th average growth rates
for population and housing over the 5 year period being 0.1%
higher than regional rates. Tables 9 and 10 provide the actual
numerical growth in establishing the current population and
housing totals for 1990. The fi gures in parenthes i sunder "%
increase" represent the actual growth percentage without
influence from the Montgomery Annexation in late 1985.
·
11-22
-- TABLE 9
POPULATION GROWTH
CHULA VISTA AND SAN DIEGO REGION
1985-1990
Year Chula Vi sta as a
(Jan 1) Chula Vista San Dieco Recion % of the Recion
-,- 1985 91,166 2,102,502 4.3%
1986 116,295* 1,165,457 5.4%*
1987 120,285 2,248,482 5.3%
1988 124,253 2,327,684 5.3%
1989 128,028 2,418,176 5.3%
1990 131. 603 2.509.914 5.2%
-- Total Increase: 40,437 407,412
% Increase: 44.3 (18.6) 19.4
*Also reflects the Montgomery annexation
Source: State Dept. of Finance Annual Jan. 1 estimates
TA8LE 10
-'.-. TOTAL HOUSING GROWTH
CHULA VISTA AND SAN DIEGO REGION
1985-1990
-,- Year Chula Vista as a
(Jan 1\ Chul a Vi sta San Dieco Recion % of the Reci on
-- 1985 33,544 787,210 4.3%
1986 43,951* 821,228 5.4%*
1987 45,101 857,098 5.3%
1988 47,696 894,333 5.3%
_.'.'- 1989 48,691 921,940 5.3%
1990 49.863 946.362 5.3%
- Total Increase: 16,319 159,152
% Increase: 48.6 (22.8) 20.2
---. *Also reflects the Montgomery annexation
Source: State Dept. of Finance Annual Jan. 1 estimates
TA8LE 11
- PERCENTAGE RELATIONSHIP
POPULATION AND HOUSING GROWTH
CHULA VISTA AND SAN DIEGO REGION
-.. 1985-1990
% Chance POD % Chance Housinc
Year Recion C.V. Recion C.V.
- 1985 3.0% 4.9%* 4.3% 5.2%*
1986 3.8% 3.4% 4.4% 2.6%
1987 3.5% 3.3% 4.3% 5.7%
-- 1988 3.9% 3.0% 3.1% 2.1%
1989 3.8% 2.8% 2.6% 2.4%
Averages: 3.6% 3.5% 3.7% 3.6%
--
*Excludes the Montgomery annexation.
11-23
--,--
-- -.-_._-_.._~"_."_..__.__._.,---_.__._,._-----,_. ----.,------..--------- --- - ---- --------- ---.......--.----
In further establishing the status of current conditions, Table
12 has been provided to illustrate the changes in Chula Vista's
housing supply, by type, since 1985. As indicated by the
footnote, the relative overall increase of 48.6% is influenced
· by the Montgomery Annexation which included approximately 8,670
housing units and 23,500 persons according to City records.
The 22.8% in parenthesis represents the actua 1 new growth
excluding existing units annexed with Montgomery. As indicated
by the bottom entries in the Table, while Chula Vista's overall
housing stock has a slightly greater percentage of single
family than multiple-family units (51.9% vs. 41.2%), the unit
growth from 1985-1990 refl ects a trend toward greater balance,
with new multi-family units exceeding single family (50.5% vs.
40.7%) .
· TABLE 12
HOUSING SUPPLY
CITY OF CHULA VISTA
1985-1990
Single 2-4 5 or more Mobil e Total Vacant Total
Year Fami 1 y Units Units Homes Occupied Units !!!!.ill
1985 19,265 2,985 9,279 2,015 32,328 1,216 33,544
1986* 23,089 3,379 14,013 3,470 42,250 1,701 43,951
1987 23,641 3,396 14,569 3,495 43,948 1,153 45,101
1988 24,913 3,596 15,587 3,600 45,692 2,004 47,696
· 1989 25,388 3,784 16,003 3,566 47,006 1,685 48,691
1990 25,901 3,931 16,578 3,453 48,225 1,638 49,863
Total
Change: 6,636 946 7,299 1,438 15,897 16,319
% Tot a 1
Change: 40.7 5.8 44.7 8.8 48.6*
(22.8)
% Total
Housing 51.9 8.0 33.2 6.9
Stock:
·
*Also reflects the Montgomery Annexation
Source: City Housing Inventory, State Dept. of Finance annual Jan. 1
estimates.
·
II - 24
-
D.2 Pooulation and Housina Growth Forecasts
--
The San Diego Association of Governments (SANDAG) is the
primary agency responsible for the production of population,
-- housing, employment, and land use projections for the San Diego
region. In order to respond to changing economic and
employment condit ions affecting population influx and the
related needs for housing, SANDAG periodically produces updates
-,- to its forecast models, the most recent of which is the Series
7 Regional Growth Forecast for 1986-2010. The forecast
consists of two basic parts, the first being development of the
-,- regional projections for population, housing, and employment
constituting the overall expected demand for jobs and housing.
The second part involves the process of distributing the
expected population, employment, 1 and use growth, and the
- related job/housing needs amongst the region's communities.
The following tables and discussion present the Series 7
_.,-. Forecasts, adopted by 1 oca 1 jurisdictions, and provide a
comparison of expected regional growth in relation to that
anticipated for Chula Vista and its General Planning Area. The
- comparison to the General Planning Area (GPA) is offered, since
the figures projected for the "city only" in Series 7 are fixed
within the 1986 municipal boundary. Since Chula Vista has
annexed territory, and plans at least one additional annexation
-'.... within this Housing Element's horizon, the GPA figures offer a
more realistic picture for overall growth expectations.
--, As indicated in Table 13, the Chula Vista GPA's population is
expected to increase by 44.7% between 1986 and 2010; an
increase of 57,749 people. At only 1% less than the 45.7% for
the region, Chula Vi sta will continue to pace it se 1f to
-- regional indicators, similar to the 1985-90 activity previously
presented.
- TABLE 13
PROJECTED POPULATION GROWTH
CHULA VISTA AND SAN DIEGO REGION
- 1986-2010
Total Increase
1986 1995 2000 2010 # %
-
Chula Vista (1) 116,430 132,304 140,682 158,112 41,682 35.8
Chula Vista GPA(2) 129,159 150,878 161, 997 186,908 57,749 44.7
-- San Diego Region 2,165,689 2,585,134 2,784,195 3,154,490 988,801 45.7
Source: SANDAG Series 7 Regional Growth Forecast
_m_
<,) Within 1986 Municipal boundary area.
(2) Based on 1986 adopted Sphere of Influence boundary.
--
-
11-25
-
. __,__".__n _ _..__.____....._...._ _+__~_._.__._._._,_..__ ___~_~__.______, . ___.'____'_"_.'.___". _____ _ __ _ _
· In conjunction with population growth estimates, Series 7 also
projects and distributes figures for expected growth in the
number of housing units. Table 14 identifies these projections
and again offers comparisons between Chula Vista, its GPA, and
the Reg ion. While the City GPA's rate of increase is projected
to be slightly less than that of the Region (53.7% vs. 57.3%),
the expected increase of 24,719 housing units will continue to
keep pace with population increases shown in Table 13.
TABLE 14
PROJECTED HOUSING GROWTH
CHULA VISTA AND SAN DIEGO REGION
· 1986-2010
Total Increase
1986 1995 2000 2010 1/ %
Chula Vista 42,203 50,251 54,027 60,950 18,747 44.4
Chula Vista GPA 46,068 56,088 60,956 70,787 24,719 53.7
San Diego Region 771,082 964,764 1,058,179 1,212,773 441,691 57.3
Source: SANDAG Series 7 Regional Growth Forecast
Related to both population and housing growth is the expected
growth in employment within the region. In order that adequate
· housing be provided, the issue of jobs/housing balance be
addressed, and an understanding of household economics as it
ultimately relates to affordability be gained, projections of
employment become important. Table 15 provides a 20-year
project ion of employment growth by sector for the Chul a Vi sta
GPA. The far right hand column indicates the employment
profile for 1995 since that year best coincides with this
Housing Element's planning horizon of 1996.
TABLE 15
PROJECTED EMPLOYMENT BY SECTOR
CHULA VISTA GPA
· 1986-2010
1986-2010
Increase % Total
Sector 1986 1995 2000 2010 -1 % Emolovment 1995
Agri culture 533 533 533 533 0 0 1.1%
Manufacturing 7557 8599 8848 9306 1749 23.1 18.3%
Wholesale 1443 1639 1746 1958 515 35.7 3.5%
Transportation 445 580 652 827 382 85.8 1.2%
Hotel/Motel 332 332 358 424 92 27.7 0.8%
Regional Govt. 877 957 1007 1112 235 26.8 2.0%
Retail Trade 9666 11625 12661 15805 6136 63.5 24.7%
· Retail Service 7203 8849 9730 12358 5155 71.6 18.8%
Business Service 1757 2369 2713 3502 1745 99.3 5.0%
F.I.R.E. 1676 2048 2395 3370 1694 101.1 4.4%
Loca 1 Govt. 5609 7113 7593 8497 2888 51. 5 15.1%
Other 2273 2396 2560 2863 590 26.0 5.1%
TOTAL 39371 47040 50796 60552 21181 53.8
II-26
·
As seen in Table 15, 1 oc a 1 planning area employment is
projected to increase by 21,181 jobs or 53.8% by the Yflr 2010,
~--, with the greatest numeric increases occurring in the retail
trade and service sectors (6136 and 5155 jobs respectively).
In 1995, 43.5% of the Planning Area employment will be in
...,.- reta il trade and servi ces, wi th the next 1 argest sector bei ng
manufacturing (18.3%). Given that retail trade and service
jobs are traditionally lower paying, the impact of
affordability in the 1 oc a 1 housing market may be magnified,
-- assuming that those retail trade and service employees al so
reside within the community.
-,- 0.3 Chula Vista Share of the Reaion's Housina Needs
As required by State Housing Element law, SANDAG, in
--... conjunct i on wi th the State Department of Hous i ng and Commun i ty
Development, has prepared an update of the Regional Housing
Needs Statement (RHNS) for the 1990-1996 planning period. The
RHNS serves to defi ne the Region's existing and projected
-- hous i ng needs, and to equitably distribute the needs for all
economic segments of the market amongst the localities. The
purpose is to ensure that all jurisdictions share the
---- responsibility for addressing regional housing needs, and to
avoid concentration of lower-income households in areas where
high proportions of such housing already exist. All
jurisdictions have adopted the current RHNS, and State law
-- requires that each jurisdiction's Housing Element contain
provisions for addressing its allocated share of Regional need.
-.-.- The RHNS establ ishes two forms of housing need allocation to
jurisdictions; Regional Share and Fair Share. Regional Share
(Table 16) identifies needs for new construction housing units
--- for all income groups (very low, low, moderate, and above
moderate) , and is the allocation the Housing Element is
requ i red to address by State law. Fair Share (Table 17) is
established solely by SANDAG, and identifies the number of
lower-income households needing assistance. In conjunction
with the Fair Share allocation, SANDAG has developed a 5-year
performance goal figure amounting to about 12.5% of total
-- lower-income needs, which serves as a benchmark for the minimum
number of households each jurisdiction should assist.
As illustrated in Table 16, Regional Share allocations apply to
the period starting January 1989. In the RHNS, SANDAG
proportionately reduced the allocations for the period from
July 1991 to July 1996 to assist local jurisdictions, since
-, that period closely coincides with local Housing Element update
time frames. Whil e thi s adjusted figure provides a benchmark,
actual local all ocat ions for the 7/91-7/96 period must be
-,...- determined by subtracting actual local housing construction
--
-...-
11-27
----
__________m_'._.'._"'.'___m_.' _ . ..' _.._. ,.__._._...~_..__..__,_ - ..-.,--..,.,-.'------.---------..------,-..-.------- --._--,_._-
activity for 1/89 to 7/91, by income group, from the January
1989 total allocation figure. In Chula Vista's case, total
construction activity for the period exceeded SANDAG's
i nterpo 1 at i on by 1,243 units, and thereby woul d const i tute a
reduction of the Regional Share allocation figures shown in the
RHNS. The revised remainder of needed construction activity by
income group is shown in the right hand column, 'and in part,
forms the basis for the City's Quantified Assistance Objectives
and Housing program proposals contained in Part 3.
·
As shown, Chula Vista was originally allocated 3.3% of the
Region's new construction needs, or 5354 units between 1/89 and
7/96, which based on a 1/1/89 City estimate of 48,691 units,
represents a 1.5% annual increase. The ability for Chula Vista
to accommodate the remaining 2326 Regional Share units for the
7/91 to 7/96 period is discussed with the Resource Inventory on
page 26.
TABLE 16
REGIONAL SHARE ALLOCATION
· CHULA VISTA AND SAN DIEGO REGION
1989-1996
REGIONAL NEEDS STATEMENT(I)
Region Actual City(2) City Regional
All ocat; on by Chula Vista 1/89 to C. V. as Construction Share Balance
Income GrouD 1/89 to 7/96 7/96 % Reqion 1/89 to 7/91 7/91 to 7/96
Very Low (23%) 1,232 37,313 3.3 - 1,232
Low (17%) 910 27,579 3.3 282 628
Moderate (21%) 1,124 34,068 3.3 993 131
Other (39%) 2.088 63.269 3.3 1. 753 --ill
·
TOTAL 5,354 162,229 3,028 2,326
(1) Based on SANDAG Regional Housing Needs Statement - Table A, July 1990.
(2) Based on City records, and construction activity in accordance with
State Department of Finance annual reporting.
·
·
11-28
Table 17 illustrates Chula Vista's Fair Share allocation for
.-._, lower-income household assistance, and provides the 5-year goal
for programs to reach at least 1,058 households, or
approximately 212 households per year. In difference to
Regional Share, Fair Share goals also include assistance from
programs other than new construction such as rehabilitation and
Section 8 assistance. Chula Vista's allocation of 4.9% of the
region's total lower income households is determi ned rel at i ve
to past income, housing, employment, and popul at i on trends as
provided in SANDAG's RHNS.
..'...
TABLE 17
FAIR SHARE
-- HOUSING NEEDS STATEMENT
CHULA VISTA AND SAN DIEGO REGION
1991-1996
Existing Growth Total Chula Vista
"Fair Share" "Fair Share" "Fair Share" as % of Five-Year
Households Households Households Reaion Goals
--
Chula Vista 7,905 561 8,466 4.9 1,058
SD Region 161,320 12,467 173,787 21,728
....
--
-',-
--
-,-
--
-
-
-.--
II - 29
,--
-------.,.---+- ---_..._.~-_._._-_....._----_.._-_. .----..------..-.-----..--.---.,- , -_...,,_.__.~_.__.__.,-,--
III. RESOURCES
A. INTRODUCTION/OVERVIEW
· Of equal or greater importance to the identification of existing and
projected housing needs, is the communities ability, through its
land use and infrastructure base, to accommodate these needs. In
order to meet the existing and future demand for dwelling units, an
adequate number of appropri ately zoned and publ icly served building
sites must be available within the community. The following section
presents the activities of the Chula Vista General Plan Update, and
illustrates the adequacy of Chula Vista's land base, facilities, and
projected development schedules to respond to the anticipated
housing needs of all segments of the population, in accordance with
projected income distributions identified by SANDAG's Regional Share
allocation in Table 16.
·
B. CHULA VISTA GENERAL PLAN UPDATE
On July II, 1989, the City Council, after two years of work, adopted
the first comprehensive update of the City's General Plan in 15
years. The rev i sed General Plan provides guidance for the City's
development through the year 2010, and for the first time designates
urbanizing 1 and use patterns for bu il dout of the entire Planning
Area. It represents the potent i a 1 for significant growth, and is
based on a "balanced community" concept providing for development of
a variety of residential densities in conj unct i on with commerc i a 1 ,
industrial, and recreational development. The Udpate al so
· incorporated major revisions to several facil ities master plans
including circulation, wastewater, drainage, schools, and fire
stations, and added a Growth Management El ement wh i ch defi nes the
City's commitment to ensuring adequate provision of facilities and
services in conjunction with growth. Tables 18 and 19 indicate the
population, housing, and overall 1 and use growth projections
contained in the General Plan Update, and ill ustrate Chul a Vi sta' s
ability to continue to provide for its share of the region's housing
needs.
·
·
II - 30
TABLE 18
POPULATION AND HOUSING PROJECTIONS
CHULA VISTA GENERAL PLANNING AREA
1988-2010
-.--
1986-
1986 illQ ~ ZQQQ Zill lliQ lliQ
pODulation:
-- Tota 1 131,294 142,700 158,800 177 ,200 197,050 209,600 - -
Change 11 ,406 16,100 18,400 19,800 12,550 78,306
Ave. Annl.Chg. 2,851 3,220 3,680 3,970 2,510 3,246
----
Housinq:
Total 48,609 53,570 60,420 67,920 75,911 80,945 --
-,,- Change 4,961 6,850 7,500 7,991 5,034 32,336
Ave. Annl.Chg. 1,240 1,370 1,500 1,598 1,007 1,343
Source: Chula Vista General Plan Update - Scenario 4, P&D Technologies
-,
As can be seen in Table 18, buildout projections through the year
2010 indicate an increase of 32,336 housing units, (67%) and a
-p.~ population growth of 78,306 (60%). These increases in housing units
and popul at i on will actua 11 y exceed the expected rates of growth
forecast for Chula Vista's GPA in SANDAG's Series 7 as shown in
Tables 13 and 14.
TABLE 19
PLANNING AREA LAND USE ACREAGE
-- CHULA VISTA GENERAL PLAN UPDATE
Existing City Total General Increase
Land Use Update Land 1988-2010
1988 (acres) Use ( acres) (acres)
Residential 5,621 19,328 13,707
-- Commercial 804 1,431 627
Industrial 1,278 2,404 1,126
Public, Quasi-Public 9,721 21,254 11 , 533
-- and Open Space*
*Includes streets, vacant land, and water.
--.-. Source: City Land Use Inventory; General Plan Update, P&D Technologies.
--
Il-31
--
-..-.-" ------- "----~,~._.._.._~-- - ~.~_....- ---- -- - ---- --- - -- -,,- --,-------------------
~-_._--_._--
C. LAND USE/RESOURCE INVENTORY
· In order to more specifically determine the amount of acreage
available for residential development at various densities, the City
conducted an inventory of sites using its computeri zed Land Use
Inventory which contains information regarding the land use, general
pl an, and zoning designations (among other data) for all 1 ands
within the Planning Area. In recognition of the differences in
residential development capacity and circumstances between the
western and eastern areas of the City, the analysis was essentially
performed in two parts; the fi rst reviewing the older, developed
western area relative to primarily infill and redevelopment
potential, and the second focus i ng on the devel opi ng eastern area
comprised of 1 arge vacant tracts constituent to several master
· planned communities in various stages of approval and implementation.
Western Chula Vista
CaDacitv
Table 20 refl ects the total development capacity within western
Chula Vista based on existing zoning conditions. As can be seen,
while some vacant 1 and capacity exists (995 units), the primary
capacity resides in "underutilized" land not currently built to its
full zon i ng potent i a 1 (2,880 units). The 1 argest port i on of that
growth is associated with parcels zoned for high density (R3) .
· Whil e those 2,267 units represents a significant amount of the
City's high density residential capacity, it should be noted that
further potential is provided in Eastern Chula Vista (Tables 21 and
22) , including a sizeable amount of low and moderate income
opportunit i es guaranteed by exi st ing and pending condi t ions appl i ed
pursuant to the Affordable Housing Policy discussed in Part 3 (p.
111-4) .
Based on historic construction activity, an annual average of
approximately 250 infill units have been built in the western area.
The majority of those units were higher dens ity multi-family on
underutilized R3 zoned properties. While the City supported some of
· that development through density bonus, publ ic housing and
assistance to non-profits, the activity has largely occurred through
the private sector without the need for specific pol icies/programs
to encourage it. Given the remaining potential of such 1 and, and
current project appl ication activity, the City anticipates s imil ar
construction level s over the next five years, for a total of
approximately 1,000 units. The City wi 11 cont i nue to support thi s
development through density bonus, public housing, and non-profit
ventures in conjunct i on wi th a variety of City and other fund i ng
assistance as outlined under Objectives 2 and 3 in Part 3 of this
·
11-32
·
document. As an illustration, through projects either approved,
pending, or anticipated, some 300 of the 1,000 total units forecast
are expected to be lower-income affordable.
TABLE 20
__ RESIDENTIAL CONSTRUCTION CAPACITY
VACANT AND UNDERUTILIZED LAND
CHULA VISTA CITY LIMITS
_ 1990
Under-
Utilized
Land Total
Residential Vacant Potential Potential Potential
Density Zonina Districts Acres Units Units Units
Low RE, R-I-15 32.61 69 13 82
(0-3 du/ac)
Low-Medium R-I-I0, R-l, 154.51 569 157 726
(3-6 du/ac) R-I-5
_ Medium R2, R2T, R2X, 9.99 119 377 496
(6-11 du/ac) R3L
_" Med. High R3M, R3T, R3G 2.28 35 66 101
(11-18 du/ac)
__ High R3 8.58 203 2267 2470
(18-27+ du/ac)
TOTALS 207.97 995 2880 3875
Note: Potential units indicated were derived using general density
formulas and are subject to change predicated upon actual project
__ proposa 1 s, and the outcome of the General Pl an/Zon i ng Cons i stency Study
discussed on page 11-41.
1I-33
,..-._-,~-- --~ --- -- ---..,---..-- --,------ -.--------,-.---- .-.,.,.-.---,..---.,------
·
Public Facilities and Services
The developed western area is already substantially served by
existing public facilities and infrastructure. The City Engineering
Department continues to develop and implement an ongoing 5-Year
Capital Improvement Program which includes a one-year priority and
funding strategy. That funding is provided from many sources
including gas tax, state sales tax measures, CDBG, State and Federal
grants, and 1 oca 1 fees and assessments. Current year funding
commitments total approximately $11 million. Along with the CIP,
· the City has initiated a 20-year Neighborhood Revitalization Program
(NRP) in South Chu1a Vista. The purpose of NRP is to construct all
of the missing public improvements in each targeted neighborhood.
Within both the 5-year and one-year CIP, several major improvements
are planned to provide capacity for growth in the western area
including 2 main sewer trunk upgrades, the reconstruction and
widening of 5 major streets, and the completion of a major drainage
channe 1 with the Corps of Engi neers. With needed major facilities
either in p1 ace, or planned and funded, most i nfi 11 residential
projects only need to address mi nor on- s ite improvements, and the
payment of general public facilities impact fees.
·
The City has two specific revenue sources which can be used to fund
infrastructure projects which will support i nfil1 residential
projects. CDBG funds ($1.3 million annually) can be used in
conjunction with housing projects in low-income census tracts. The
Redevelopment Agency's Low and Moderate Income Housing Fund ($1
million annually) can be used for offsite improvements which improve
or increase the supply of affordable housing.
Examples of how these funds have been used include:
A grant of $800,000 from the Low and Moderate Income Housing
· Fund for infrastructure development for the Brandywine
project. Brandywine consists of 168 condominium units, 126 of
which were sold to first-time moderate-income homebuyers.
A grant of $275,000 from the Low and Moderate Income Housing
Fund for sewer and development impact fees for the Si1vercrest
senior housing project. When Si1vercrest is completed, it will
provide 75 units for very low-income seniors.
An appropriation of $345,000 from the Low and Moderate Income
Housing Fund for mi ss i ng street and lighting improvements in
· Otay, a low-income neighborhood.
Expenditures of $2.3 million in CDBG funds to acquire a 6-acre
site for a new library in a low-income area and $1.5 million in
CDBG funds to renovate and expand the Norman Park Senior Center
in downtown Chu1a Vista.
· II - 34
· Expenditure of $1.8 mill ion in Redevelopment funds for a new
_, Youth Community Center, which is located one block from a
proposed 16-unit family public housing development.
~~ The City will cont i nue to undertake pre-pl anni ng efforts to ensure
that adequate public facilities and services are in place to
accommodate i nfi 11 res ident i a 1 capacity in western Chul a Vi sta, and
will provide assistance, pursuant to Objective 12 on page 111-34.
Growth Management
__ The growth management measures discussed on pg. 11-41 are not seen
to negatively impact the development capacity of parcels represented
in Table 20 based on the following:
_ Capacity is based on existing zoning. As Section 19.80.070 of
the Mun i c i pa 1 Code pertains to upzon i ngs, th i s capaci ty woul d
not be reduced by those provi s ions. Future rezoni ngs coul d
potentially be impacted, but only in such instance that more
than one incremental increase in residential zone{s) is being
requested. As the majority of capacity exists on parcels
__ already zoned as R2 or R3, the "2 year" clause is not a
barrier. To date, no projects have been delayed by the
Controlled Growth Measure.
_ The Capital Improvement Program is, in part, intended to
ident i fy and ameli orate cond it ions wh i ch coul d contri bute to
project's inabil ity to comply with Threshold Standards.
_' Adequate police and fire service are available, and the school
districts are working to enSure adequate future capacity will
be available.
EASTERN CHULA VISTA
Cacacity
Table 21 illustrates the total remaining residential building
capacity of the master planned projects in Eastern Chula Vista which
_~ are within the City limits. These projects were approved under the
City's Planned Community Zone (PC) which allows for development of a
variety of housing densities, commercial, industrial, parks, and
other uses in a comprehensive, coordinated living environment
through submission and approval of a General Development Plan (GDP),
or master plan. That GDP is then implemented through submission of
a more detailed Sectional Planning Area Plan{s) (SPA), and
-~ ultimately submission maps.
11-35
-'.-.'.- ,-._-----------~_._-~-_._- -------- . "- "_._..".,,".~-"-- -_..,_.-.,,------ - .-.."--- - - -- ---------- ".--,--...,...--.--.--
The City al so has three master planned projects currently under
review which are outside the City limits but plan to annex; Salt
Creek Ranch, and Rancho San Miguel, and Telegraph Canyon. Salt
Creek Ranch has received GDP approval, and will be moving toward SPA
and tentat i ve map review wi thi n the next year. Rancho San Mi guel
and Telegraph Canyon are st i 11 in the prel iminary planning stages,
but could see some construct ion prior to 1996. Table 22 indicates
· the total residential capacity associated with each project.
TABLE 21
RESIDENTIAL CONSTRUCTION CAPACITY
EASTERN CHULA VISTA
MASTER PLANNED PROJECTS
CHULA VISTA CITY LIMITS
1990
Low Medium Med. HiQh High
· Low (3-6 (6-11 ( 11-18 (18-27+
Proiect ( 0-3 ad du/ad du/ad du/ad du/ac) Totals
EastLake Village Ctr - - - - - - - - 405 405
EastLake Greens 97 944 919 B14 - 2774
EastLake Trails -- 1260 - - -- -- 1260
EastLake I I I 746 255 260 374 200 1835
Sunbow - - 1128 160 444 214 1946
Rancho del Rey I 66 701 462 975 -- 2204
Rancho del Rey II -- 533 243 -- - - 776
Rancho del Rey III - - 314 838 228 - - 1380
Salt Creek I - - 169 237 144 - - 550
· Woodcrest S.W. - - 54 -- - - - - 54
Woodcrest T.N. - - -- 123 230 -- 353
- - -
TOTALS: 909 5358 3242 3209 819 13,537
TABLE 22
RESIDENTIAL CONSTRUCTION CAPACITY
EASTERN CHULA VISTA
MASTER PLANNED PROJECTS
CHULA VISTA PLANNING AREA
1990
·
Low Low Med. Medium
Proiect (0-3 du/ac) /3-6 du/ac) /6-11 du/ac) Totals
Salt Creek Ranch 869 1442 405 2716
Rancho San Miguel 1522 96 -- 1618
Telegraph Canyon - - 350 - - ~
- -
TOTALS: 2391 1888 405 4684
·
II - 36
The master plans indicated in Tables 21 and 22 encompass thousands
of acres of vacant land representing a substantial amount of variety
of residential development. Each of the plans are at different
stages of implementation ranging from an approved GDP to SPAs,
subdivi sion maps, and under construction as indicated by Table 23.
---- In accordance with anticipated changes in this status as the
projects progress over the next fi ve years, and through survey of I
the respective developers, Table 24 represents a forecast of
,,- anticipated residential construction activity by unit type for the
1991-96 planning period. The uni t type format provides a better
indication of potential housing costs, and serves as an indicator of
the level of for- sa 1 e and rental assistance programs which may be
---- needed. The "approved" projects have sat i sfi ed growth management
requirements, and "proposed" projects are those whose compliance
plans are pending review and adoption concurrent with their SPA plan
approva 1 s. The 6230 units anticipated represents about 34% of the
18,221 total units in Table 21 and 22.
_..~ TABLE 23
IMPLEMENTATION STATUS
EASTERN CHULA VISTA
MASTER PLANNED PROJECTS
....-- 1991
Approved Approved Approved Under
Proiect Submitted GDP SPArs) Subdivision Construction
EastLake Village X
Center
- EastLake Greens X
EastLake Trail s X
EastLake III X
-' Sunbow X
RDR I X
RDR II X
-- RDR III X
Salt Creek I X
Woodcrest S.W. X
Woodcrest T.N. X
-- Salt Creek Ranch X
Rancho San Miguel X
Telegraph Canyon X
--
--
--
-
-..-
11-37
---..-.--- _._~._- ...- ---.-----.-.----. --- ---- ---------
·
TABLE 24
5 YEAR CONSTRUCTION FORECAST
EASTERN CHULA VISTA
MASTER PLANNED PROJECTS
1991
EASTERN CHULA VISTA 1 DWELLING UNIT TYPE 1
PROJECTS 1 SFD I SFA I CONDO I APTS 1 TOTAL I
====================\=========\=========1=========1=========1=========
APPROVED . I I I 1 I
···-··-··--·-·······1 1 I I I
· 1 1 I I I
SAL T CREEK I 1 115 1 148 1 110 I I 373
SUNBOW 1 665 I 143 1 178 I 165 I 1151
EAST LAKE VIL. CEN. I I I I 751 75
EAST LAKE GREENS I 890 I 472 I 424 1 140 1 1926
R.D.R. SPA I I 515 1 235 I 1 I 750
R.D.R. SPA II 1 385 I I I I 385
R.D.R. SPA 111 1 7D I 155 1 145 I I 370
....-..-..1..-· -....1..·..·..·1-........1-....-..·
sub total: 2640 I 1153 I 857 I 38D 1 5030
as percentage: 52.51'. 22.91'. 17.01'. 7.61'.
· PROPOSED .
........··..·..·....1 I I 1 1 I
I I 1 1 I I
EASTLAKE TRAILS I 50 I I I I 50 I
EASTLAKE III I I I I 41 I 41 I
SAL1 CREEK RANCH 1 676 1 186 I I 62 I 924 1
RANCHO SAN MIGUEL 1 42 I I I I 42 I
TELEGRAPH CANYON I 143 I I I 1 143 1
.... ..·..-1..·.. ·..·1..·..·..-1-....· ..·1" ....·..1
sub total: 911 I 186 1 o 1 103 I 120D 1
8S percentage: 75.91'. 15.51'. D.OX 8.61'.
*************************.**.*...**************..*****...********.*****
·
TOTAL: 3551 1339 857 483 6230
AS PERCENTAGE: 57.01'. 21. 51'. 13.81'. 7.81'.
With respect to low and moderate-income affordability, it shoul d be
noted that the "approved" projects have already been conditioned to
provide such units under the Affordable Housing Policy (AHP), and
· proposed projects will be conditioned with subdivision map
approval. The AHP is di scussed on pages llI-4 to 7. Pursuant to
those conditions, more than 350 low-income units are anticipated as
reflected by the Quantified Assistance Objectives on pg. III -2.
II -38
·
Public Facilities and Services
In accordance with the City's various growth management
requirements, public facilities and services needed to support the
construction anticipated in Table 24, and beyond, are either already
in place or have pl anned fi nanci ng and schedul es 1 inked to adopted
phasing plans.
These pl ans, known as Public Facilities Financing Plans (PFFP) , are
requi red concurrent with SPA Plan approval. In addition to these
PFFP's several projects had approved development agreements prior to
- the onset of expanded growth management efforts in late 1989.
The City has, and will continue to use, a variety of mechani sms to
-.-- ensure that infrastructure and services are provided in a timely
manner including assessment districts, reimbursement agreements,
improvement districts, community facil ities districts, bonding, and
the collection of public facility and transportation impact fees.
As examples, three 6-lane roadways (East H Street, Otay Lakes Road,
and Telegraph Canyon Road) needed to support master planned
-~- developments were recently completed, and a principal flood cont ro 1
channel is nearing completion. An elementary school was built in
EastLake, and the high school is nearing completion. Along with
roadway improvements, several new main sewer trunk, and upgrades to
several existing lines were also completed.
-- Growth Manaqement
As previously indicated, several of the master plans have
sub stant i a 11 y complied with growth management requirements as
provided through their development agreements and/or PFFP's.
Therefore, the development forecast in Table 24 will not be impacted
by growth management measures which are geared toward the provi sion
-- of adequate facilities and services in advance of, or concurred with
growth. To date, compliance with growth management measures has not
created a barrier to residential development. The City has
authori zed an average of 1100+ dwell ing units annually since 1987
-, when the first growth management measures were enacted.
With respect to the Cont ro 11 ed Growth Measure adopted in 1988
(Chapter 19.80 of the Municipal Code), Section 19.80.070 exempts
property zoned as part of a planned community. As all of the
Eastern Chula Vista master planned developments presented in Tables
-- 21 through 24 employ "Pl anned Community (PC) " zoning, they are
exempt from the 2-year upzoning provision.
-. .,
--
11-39
-..".
......._<'_...".".'_n."."..<___.____" -- -~-- ---~--~------~---~ ---.. -------- "".... "..--..-,.. -"'--."---.--"'--..-
· IV. CONSTRAINTS
A. OVERVIEW
As required by State law, this section of the Housing Element
includes an identification and discussion of vari ous constraints,
both unique to and beyond the community, that may inhibit the
development, maintenance, or improvement of housing for all income
1 eve 1 s . There are two primary realms of possible constraints;
governmental and non-governmental. Governmental constraints address
such matters as land use controls, building codes and enforcement,
site improvement requirements, permits and processing procedures,
· and fees and other exactions. Non-governmental constraints include
such issues as availability of financing, price of land, and costs
of construction.
B. GOVERNMENTAL CONSTRAINTS
B.l land Use Controls
The various policies and regulations contained in the City's
General Plan and Zoning Ordinance have a direct impact on the
ability to provide not only affordable housing, but housing for
all income groups. Excessive constraints exercised through
· inadequate land use and zoning opportunities to provide a wide
variety of types and densities of housing can preclude the
attainment of housing objectives. As previously illustrated in
the "Resource Inventory" discussion (pgs. 32-37) , the City's
recently updated General Pl an des i gnates substantial areas of
vacant 1 and for residential development at a variety of
densities, and additional multi-family units are represented by
underutilized 1 and in the older central area. Much of the
vacant 1 and is proposed for development under the "Planned
Commun ity (PC) Zone" which permits the use of flexible
development standards, and tail ored dens ity and unit type
mixes. In addition to the PC zone, the Zoning Ordinance
· provides for a wide variety of residential uses, including its
exclusive Mobilehome Park (MHP) zone, and further supports
affordable housing through its density bonus provisions, and
related allowances for reduced or modified standards through
the Precise Pl an (P) modi fying district. Additionally, the
Ordinance provides for mixed use development, and the
construction of residential projects in certain commercial
zones.
Conclusively, the City's land Use controls do not at this time
present significant constraints to meeting housing objectives,
and actually provide a generally supportive framework.
·
II - 40
TABLE OF CONTENTS
PART 2: Needs. Resources. and Constraints
-- ~
I. Introduction II-I
-.,- II. Needs Analysis
A. Existing Unmet Needs II -1
Vacancy and Absorption Rates
A.l Overpayment in Rental Housing 11-3
A.2 Overpayment in Owned Housing II-6
A.3 Overcrowded Housing II-9
A.4 Substandard Housing II-I0
-'" B. Special Need Populations
B.l The Elderly and Disabled II -14
B.2 Homeless Families II-IS
B.3 Single Headed Households II-IS
B.4 Large Famil ies II-16
B.5 Farmworkers/Dayworkers 11-16
B.6 Mobile Home Park Residents 11-16
B.7 Students II -18
, - C. At Risk Housing
C .1 Family Units - HUD 236 Contracts II -18
C.2 Other Housing Units at Risk II -21
D. Projected Needs
0.1 Introduction/Current Estimates 11-22
0.2 Population and Housing Growth Forecasts II-25
0.3 Chula Vista's Share of the Region's Housing Needs 11-27
_.-- - Regional Share Allocation 11-28
- Fair Share Allocation 11-29
III. Resources
A. Introduction/Overview II-3D
B. Chula Vista General Plan Update II -30
C. Land Use/Resource Inventory II -32
-,-,-
----
-.--...---.,-.--,-.-,...---.--....-..--,-.---...-......._----~.._-- ._-_._--,_...__..._-_...__.,._~..__..,--- -------.------.-.-----.-
TABLE OF CONTENTS (cont'd)
-.. PART 2: Needs. Resources. and Constraints
,,- ~
-- IV. Constraints
A. Overview 11-40
B. Governmental Constraints 11-40
--
B.1 Land Use Controls 11- 40
B.2 Growth Management 11-41
.'-.,- B.3 Building Codes and Enforcement 11-46
B.4 Improvement Requirements/Development Standards 11-46
B.5 Processing, Permits, Fees, and Exactions 11-46
-- C. Non-Governmental Constraints II-51
C.1 Financing Availability 11- 51
-- C.2 Land and Construction Costs II-53
C.3 Employment Opportunities II-54
C.4 Other Impacts II-56
-
V. Summary II-57
---
--
-.-.,.-
--
~,-,
-
-
-
-
--
_.~...,._--~-~~-,_.._--_.._._-,--~-~._---~-------_...-.-......,.-, ,_.._,-_.,..,,-,-------------,-,-
PART 2 NEEDS, RESOURCES, AND CONSTRAINTS
_.,- I. INTRODUCTION
As part of its response to the ever-growi ng and cri t i ca 1 need for not
only affordable lower-income housing, but also decent and suitab1 e
-- housing for families in all income groups in the rapidly growing State of
Ca1 i fornia, the State Legislature has dec1 ared in Article 10.6 of the
California Government Code, Section 65583, that as part of their Housing
- Elements, cities shall periodically identify and analyze the existing and
projected needs for housing within their cOlll11unities. Part of this
analysis shall include an inventory of available resources, and an
-- identification of constraints relative to the City's ability to provide
for the preservation, improvement, and development of housing to meet the
identified need.
- In accordance wi th these requi rements, Part 2 of the Hous i ng El ement of
1991 has been structured to provide an assessment of 1 oca 1 needs,
resources, and constraints in establishing the basis for a comprehensive
- set of policies and programs, calculated to address Chula Vista's
provision of adequate housing for all income groups through 1996. The
resulting policies and programs are embodied in the five-year housing
- plan outlined in Part 3.
The following pages provide quantified analysis for current unmet needs
in terms of overpayment, overcrowding, substandard condit ions, and
-_.. various "special needs" groups such as the elderly, handicapped, single
parent famil i es, and the homeless. Projected needs based on expected
regional growth and employment are provided, and the abil i ty for Chula
-- Vista's land base and regulatory framework to adequately respond is
discussed. Finally, specific governmental and non-governmental
constraints in the way of land use controls, financing availability,and
land and construction costs are evaluated.
~..-
II. NEEDS ANALYSIS
---- A. Existing Unmet Needs
Vacancv and AbsorDtion Rates
--
Within the following section, general population characteristics are
discussed relative to the existing supply of housing to determine if
-_.,- the level of production has ke~t,up with overall demand in the area
as indicated by vacancy and 'absorption rates. Information was
gathered from several sources: Department of Finance (January 1,
1991 estimates), 1990 Census, SANDAG Regional Housing Needs
--... Statement and Seri es 7 Populat i on Forecast, and the Home Mortgage
Disclosure Data for 1988.
Generally, the older, well established neighborhoods with smaller
.,,- homes have small er average households of 2.67 while the
persons,
newer census tracts (CT 134.03 and 134.04) east of HWY 805 have an
average household of 3.5 persons. The Department of Finance
- estimated an overall population per household size at 2.693 for
January 1990. Although these are the best available estimates, all
the researchers cautioned that the methodology for calculating these
-.,- figures may not refl ect the actual 1 iving conditions of certain
neighborhoods, especially those in Chu1a Vista south of L Street.
II -1
-..-
-'--....--...------..-----------..-.- -.._._,.,..._-"..._--~_.~"------"_..,.....,--"......,-~-"-----~-----
The total estimated number of occupied dwelling units for April 1990
was 47,824 according to the of Census Bureau. Of these units,
24,487 (53%) were owner occupied and 22,337 (47%) were renter
occupied. These figures are used by SANDAG to estimate the City's
capacity to meet existing and future needs. The overall 1990 Census
vacancy factor was 4.02%, however, the following table shows the
difference in vacancy between types of housing.
TABLE 3
VACANCY RATES BY UNIT TYPE
1990 FEDERAL CENSUS
April, 1990
Vacancv Rate
SFD 3.31
· SFA 3.84
2-4 3.29
5+ 5.66
HH 3.44
Overall 4.02
In analyzing SANDAG'S Series 7 Population Forecast information for
1988, four census tracts appeared to have higher than average
vacancy rates. Three of these tracts (CT 131.01, 132.01 and
133.03), in older neighborhoods south of L Street, also had a large
proportion of low-income rental housing units. The fourth tract
· wh i ch est i mated higher than average vacancy rates (CT 134.04}is in
the developing eastern side of the City where new growth is expected
to exceed demand for the short-term.
In a survey conducted by Communi ty Development, vacancy factors for
new projects (Terra Nova and Beacon Cove) stabil ized at 5%, while
those projects, especially senior projects, located south of "L"
Street had vacancy rates between 8-10%. The apparent over-abundance
of new senior housing projects which compete with other older
low-rent units in the area may cause the vacancy rate to remain
higher than average. Other possible explanations for the high
vacancy rates could include poor marketing, or that these units are
· located in an area which may not be considered attractive to seniors.
Projections for 1995 growth estimate an 8-10% increase in total
occupied dwelling units over the next planning period. The hous i ng
programs outlined in Part 3, if fully eX2cuted will contribute
approximately 240 units of affordable (low income) housing a year.
·
11-2
·
A.I Evidence of Over-PaYment in Rental Housina
-- Backaround:
According to SANDAG's Regional Housing Needs Study, "The
- dynamics of supply and demand can be indicated by measuring the
portion of a household's income that is spent for housing" and
indicates the extent of the availability of affordable housing
- in the market place.
The incidence of over-payment is an area where sol id evidence
is hard to find. SANDAG estimates from the 1980 Census Data
- i nd i cate that there are 6,193 households in Chul a Vi sta who
will pay more than 25% of their household income for rent. The
tremendous popularity and waiting 1 i sts for Sect i on 8 rental
- assistance in the City also suggests that over-payment is
indeed a problem for many people in the area. The success of
the Section 8 program is usually the result of two phenomenon
-- 1) a 1 arge segment of the population who can not comfortabl y
afford to pay rent and other 1 iving expenses and 2) the HUD
renta 1 guidelines for the area reasonably reflect the true
market conditions, allowing people to find units which can meet
- the program guidelines for rent and unit condition. HUD
officials have reported that Chu1a Vista has been consistently
over-leased, which means that there is more than one eligible
- household for every avail ab1 e cert ifi cate or voucher
allocated. Current waiting lists are two to three years long
for larger family units.
-- In addition to SANDAG estimates derived from 1980 Census Data,
Table 4 indicates the level of overpayment analyzed during 1988
and presented in the City's current Housing Assistance Plan
-- (HAP).
TABLE 4
~, RENTAL SUBSIDY NEEDS FOR LOWER INCOME HOUSEHOLDS:
1988-91 HOUSING ASSISTANCE PLAN (OVERPAYMENT)
-- Verv-10w Income Low-Income Total
Elderly: 1,782 779 2,561
Small Family: 4,106 1,950 6,056
- Large Fami ly: 410 234 644
Total: 6,298 2,963 9,261
_...~ Analysis:
Typical rental rates for the Chula Vista area are presented in
Table 5. Rents suryeyed i ncl ude HUD fair market rents (FMR),
-- the City assisted rents for housing complexes under both
dens i ty bonus and bond programs, and by way of compari son, the
all owab 1 e rents under the tax-credi t programs and new State
--,- Prop. 84 programs.
-
11-3
-
- -"'._---_.~_._--_.,_.,_..._--------- ---
---~ ----."_. ----~~~
The City renta 1 projects surveyed are regulated by a
cooper at i on agreement between the property owner and the City.
The unit rents can not exceed 1/12 of 80% of either 25 % or 30
% of the area median. (Currently $37,900 adjusted for bedroom
and maximum family household size.)
Host of the density bonus and affordable housing program rents
are restricted at the top of the affordabil ity range making
these units unaffordable to these households whose incomes fall
below 80% of median. This means, the population of those who
earn less than 80% of the median may be subject to overpayment
· of rents without additional subsidies such as Section 8
certificates or vouchers.
In some cases, especially, in the senior density bonus
projects, up to 40% of the units are being assisted by Section
8 subsidies. This program subsidizes the contract rent
allowing the tenant to pay between $150-200 a month for rent.
These contracts make the units truly affordable but the owner
is not obligated to renew Section 8 contracts. In the case of
family housing, only one out the 16 family density bonus units
had a Section 8 rental contract.
· The shortcomings of the current density bonus program are:
1) tenants may be paying more than 30% of their individual
household income on housing costs for rent and 2) none of the
City assisted complexes provide affordable housing beyond a
time certain contract date which ultimately reduces the net
affordable housing available City wide.
·
·
11-4
·
-"'- TABLE 5
Rent Schedules-Area Median $37.900
-- SRO Studio ill ill ill ill
SQ FT 850 900
--
HUD FMR $583 $684 $857 $959
.67 .74
--
COOP AQreements:
@ 25 % 442-505 505-568 631
-- jSQFT .52-.59 . 56 - .63
@ 30 % 530-606 606-681 758
- ¡SQFT .62 .67-.75
Senior Density 80nus $345 $468 $630
jSQFT .57 .55 .70
-
Family Density Bonus $460 $575
¡SQFT .54 .63
--
F amil y 80nd $580 $685
¡SQFT .68 .76
--
Family Market Rate $630-35 $745-55
¡SQFT .74 .83
- HUD 236 Family Units $260 $305 $339
jSQFT .33 .38 .36
---
Tax-Credit :
- >40 % $357-408 $378-432
jSQFT .42 .48
20-40% $298-340 $315-360
- jSQFT .35 .40
-.. ProD. B4: New Construction
V.Low 232 232 265 298 332
Low 232 393 455 512 569
--
ProD. 77: Rehab Projects
--
V.Low 249 332 379 426 474
Low 249 393 455 512 569
--
II -5
~_..._---_.'----_.,---,,-------,_.,- "--.---..---..-----,-.---.-.----...,..--........------~--~.._---+-_._-- ------,~-~--~_.
A.2 Over-Pavrnent in Owner-OccuDied HousinQ
Overpayment among homeowners is 1 ess than that among renters
according to 1980 Census Sunvnary Reports of Census Designated
Places (COP). Overpaying homeowner households, according to
these estimates, accounted for 1,248 of the Chula Vista (CDP)
while 6,193 renter households were estimated to have overpaid
· in 1980. This section describes the existing unmet needs as
indicated by the over-payment of certa in sub-populations of
homeowners. The underlying data analyzed for these purposes
are provided by SANDAG's Regional Housing Needs Statement
(RHNS) and Series-7 population forecasts, and the latest 1988
Home Mortgage Di scl osure Act (HMDA-88) data. The limitations
of the HMDA data are that only one year of lending practices
were analyzed. As previously stated, the attempt here is to
suggest economic indicators of need rather than to provide
proof positive of any economic trends.
Census Tracts Analvzed
·
The fo 11 owi ng 22 (1980) census tracts were used as points of
reference both by Series-7 and HMDA data. For a quick
reference, the following tracts are arranged according to major
geographical divisions in Chula Vista:
North of L Street South of L Street East of 805
101. 03 131. 01 134.03
123.01 131.02 134.04
123.02 132.01
124.01 132.02
· 124.02 133.01
125.00 133.02
126.00 133.03
127.00 133.04
128.00 133.05
129.00 134.01
130.00
While census tracts 116, 121, 101. 07, 100.01, 32.04 and 32.07
not listed contain small sections of the City, the above census
tracts reflect the main population of the City boundaries as of
1990.
·
In the fo 11 owi ng discussion, certain significant sub-
populations are analyzed relative to 1988 mortgage lending to
determine housing needs unmet by normal market conditions,
thereby, gauging the 1 eve 1 of fi nanc i a 1 or other
non-governmental constraints each sub-population has in meeting
their housing needs.
·
II -6
These sub-populations include 1) tracts with the largest
percent change in growth 2) tracts with the largest percentage
of minority households and 3) tracts with the largest
percentage of low-income households.
_, Although all City tracts showed evidence of lending activity,
affordability and balanced community issues surfaced in several
of the above mentioned tracts.
-- Growth Tracts ExamD 1 e:
First, the newly developing "eastern territory" tracts of CT
.., 134.03 and 134.04 reported a heavy concentrat i on of home
purchase lending. Federally assisted mortgage lending,
however, was less than 1% of the 955 home mortgages financed.
_.. A total of $224,100,000 was 1 ent on home purchase loans and
another $3,400,000 on home improvement loans.
The socio-economic profile of the population in these tracts
_ has undergone some major shifts in the 1 ast eight years. The
total population of these two tracts has nearly doubled.
Nearly all of the sub-populations have doubled except in the
_ case of the Asian population which tripled in the same time
frame. The fo 11 owi ng tabl e shows the percent change of each
sub-population in CT 134.03 and 134.04 over the last eight
_~ years:
Ethnicitv CT 134.03 and 134.04
_ White Asian HisDanic Black Total
'80: 75% 9% 13% 1.4% 17,240
'88: 66% 15% 17% 1.6% 32,195
Med i an incomes in these two tracks i nd i cate that over 50% of
.._ the reporting households earned more than $50,000 in 1988 (in
1987 $) as demonstrated in the table below, out of a total
9,452 households:
Median Incomes CT 134.03 & 134.04
9,452 Total Households
<15K 15-25K 25-35K 35-50K +50K
'88: 1. 7% 6% 12.5% 25% 53%
II-7
_ _._+ _'_'_'."'___'_"'._"',.__.-..,",__ ..."~___.__ ,_"____ _______ _ _ '__'-_.'_M"".__.._._ " ..___...__________ _ ~__,_ "___" ~ __ _______.".'__,__
As an index of affordabi 1 i ty, assume that no real increase in
income occurred between 1988 and 1990 and increases in medi an
incomes only reflect the rate of increase in inflation.
·
Further assume, for a single family home in this area, a
typical mortgage woul d be at least $160,000 (a 10% increase
since 1988 when the average mortgage in this area was
$144,315). Assuming a 10%, 30 year mortgage, monthly principal
and interest payments would be $1,490 per month. A payment
affordable to households earning in excess of $59,000 per
year. That is to say, at least 14% of the population in this
tract could not easily afford to finance a new single family
home in this area.
Minoritv Tract Examcle
·
The second tract analyzed was CT 132.02 south of L Street in
the Montgomery area, reported as having the highest
concentration of minority households at 57% of total tract
population. The foll owi ng table demonstrates the percentage
changes in the ethnic sub-populations of this tract over eight
years:
Ethnicitv CT 132.02
Hiscanic White Asian Black Tota 1
· '80: 47% 43% 6% 3% 8,173
'88: 51% 38% 7% 4% 7,267
A tot a 1 of 11 home purchase loans were made in this area in
1988, totaling $896,000. To test the affordability index in
this census tract, assume the same 10% increase in the average
mortgage amount (in 1988 average mortgage was $81,454). That
is, an average mortgage now woul d be $89,500, at 10% amortized
over 30 years with a monthly principal and interest payment of
$871 per month. This mortgage would be affordabl e to
households whose median was over $34,000. Just assuming
· inflation increases, the median income in this tract is under
$20,000 per year ($18,336 in 1988).
Therefore, as demonstrated below, nearly 2,000 households would
be unable to finance a conventional mortgage. Indeed, the debt
service that could be supported by incomes under $20,000 are
too low ($500/month) even to support market rate rents. This
last fact may explain why this tract evidenced the least amount
of multi-family and non-occupant lending in the whole City.
Only two multi-family and one non-occupant loan were made
during 1988, for a combined total of $1,196,000.
·
11-8
·
Median Incomes for CT 132.02 (INC-OI)
-, Total Population 3,114
<15K 15-25K 25-35K 35-50K +50K
__u 38% 31% 17% 9% 3%
Lowest Income Tract Examcle:
-,,-
The last tract analyzed, CT 123.02, in the central city area
demonstrated the lowest median income levels City-wide. In
1988, the median income in this tract was $9,846, and of the
-- total reported households 91% (653 ) homeowners. Nearly
were
70% of the total population of 1,030 were white, elderly
(median age 64), and female (55%).
---
Median Incomes CT 123.02
Total Population 633
--
<15K 15-25K 25-35K 35-50K +50K
'88 68% 22.4% 7.4% 2% .16%
--
Nearly 50% of the owner-occupied households received a home
-" mortgage loan in 1988. No Federally assisted loans were
originated. A total of $2,826,000 in home purchase loans were
originated in that year, and three multi-family loans were
-- originated for a total of $3,787,000.
The affordabil ity test appl ied here woul d suggest an average
mortgage loan of $115,500 (up from $104,666 in 1988) again at
10% interest amortized over 30 years for a monthly, mortgage
payment of $1,100 which would be affordable to households with
annua 1 incomes of $44,002. Even though 60% of the households
in this tract reported low annual incomes, these households had
other tangible assets available to them which would make them
credit worthy customers.
Conclusion
This cursory analysis does suggest an affordabil i ty gap is
_m_ present in the eastern territories, and where high
concentrations of minority households live. If this
a ffordabil ity gap is not addressed in the City's slate of
_._- program responses, its goal of creat i ng affordabl e hous i ng in
balanced communities could be seriously compromised.
A.3 Over-Crowded HousinQ
According to SANDAG's review of overcrowding region wide, the
combination of low income and high housing costs has forced
-- many households to live in overcrowded conditions.
-,...
11-9
---.-+- - - -- - ~- - - - - -- --- - - ~~---- --- ...-..-. .._._---_...,--------------,._---_.~._~._._--_.+
The term "overcrowded" is applied to units with 1.01 or more
persons per room exclusive of the kitchen and bathroom(s).
Ident ifyi ng the extent of overcrowded probl ems can serve as a
warning sign that the convnunity does not have an adequate
supply of affordable housing and/or housing units for large
families.
According to 1990 Census data, there are 5,193 overcrowded
housing units in Chula Vista, representing about 10.4% of the
49,849 total housing units. Of those overcrowded uni ts 1,794
(35%) are owner occupied and 3,399 (65%) are renter occupi ed.
· As an illustration of the type and degree of overcrowded
condit ions present in Chula Vista, a review of the City/s
Building and Housing Department code inspections for 1989
revealed that about 42 violations a year, or 17% of all code
violations regarding substandard housing conditions, are the
result of overcrowding. About 22 violations a year involve 8
to 10 people living in a single-family residence. Another 20
of these violations occurred in the older sections of the City,
and involved people sleeping in cars, shacks, garages, and RV's
parked on streets. These particular over-crowded condit ions
may be the result of immigrant day works who have just crossed
the border. Estimates from the U. S. Immigration and
· Naturalization Service have indicated that 6,678 individuals
claimed the South Bay as their home when fil i ng for Amnesty
Immigration Status as seasonal agricultural workers in the
South Bay reg i on (MAAC Report 1988) . Many of these workers
move on to agricultural, gardening or construct ion day jobs
outside the South Bay.
Overcrowded condit ions are clearly intolerable and are
inconsistent with 1986 Element policies. Whi 1 e cont i nued Code
Enforcement activities wi 11 reduce the number of individuals
1 iving in overcrowded conditions, an assertive effort on the
part of the City is necessary to provide more affordable, even
· if temporary, shelter for very low-income people, and increased
efforts to elevate overcrowding perhaps by referral to the City
rehab programs for room addition loans where feasible.
A.4 Substandard HousinQ
Introduction
Article 10.6, Secti on 65583 (a)(2) of the Government Code
requires that as part of its assessment of housing needs, each
City must include an analysis and documentation of its housing
characteristics and housing stock condition. The primary
· purpose of this analysis is to address the matter of
"substandard" housing resulting from various degrees of
physical decline, deterioration, and/or non-adherance to the
standards of the Health and Safety Code and local bu il ding
requirements. The required result of this analysis is to
i dent ify the number of housing units needing rehabil i tat ion,
and the number of units needing actual replacement.
II-I0
·
In order to determine the number of housing units needing
rehabil i tat i on or replacement, the City consulted the Code
Enforcement Section of its Buil di ng and Housing Department,
which since 1987, has embarked on a systematic program of
neighborhood by neighborhood inspections to improve conditions
and appearance primarily through the "Neighborhood
Revitalization Program" (NRP) and "Neighborhood Improvement
Program" (NIP). Given that the City is virtually divided into
eastern and western communities, with the eastern area the site
of much of the City's new construction since 1980, the Code
Enforcement/Inspection Division indicates that substandard
conditions do not prevail there, and has thereby focused its
-- efforts on the older western side of the City, including the
Montgomery Community annexed in late 1985.
The following sect ions provide an outl ine of the efforts and
-...-.. findings of the systematic neighborhood inspection program, and
divide the various substandard conditions into areas of major
and minor rehabilitation needs.
BuildinQ Code Enforcement and InsDection Activities
-,- As previously indicated, the majority of the inspection
activity has occurred west of 1-805 in the older part of the
City, which has also been the focus area of the targeted
Neighborhood Revital ization Program. The inspections are part
~..-~ of an external inspection program per departmental policy, and
all code violation citations are compil ed and reviewed
monthly. Currently, internal health and safety inspections are
-- 1 i mited to multi-family dwellings (apartments), and are in
response to complaints received from tenants. Internal
inspections of single-family residences may be made on a
request basis.
HousinQ Stock Condition
---- Since the newer, eastern territories are primarily comprised of
units built since 1980, and have thus far not been the focus of
much code enforcement activity, the following estimates of
-,.,- tot a 1 housing stock in need of some kind of rehabil itat ion
pertain to the western half of the City in accordance with
Building and Housing Department records.
-- TABLE 6
WEST SIDE CITY
HOUSING STOCK WITH REHABILITATION NEEDS
-
Total west side stock: 37,422 housing units
12% with rehab needs: 4,490 housing units
--
Type % of total # of Single fam Multi-fam Rehab units%
of need rehab need units % units % units owned rented
--,-- Major rehab 37% 1661 30% 498 70% 1163 30% 70%
Minor rehab 63% 2829 50% 1415 50% 1414 50% 50%
-.'- Totals 100% 4490 1913 2577
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_.____.m._._.___..__________" ..., ___.....,...,.._..___..__.'" _.____ ,.__________._..~__~___"__,,__..._.,_ -.-_.__~__..._._.~.__,.,__._
As a means of comparison to current Building Department
findings, Table 7 indicates estimated City-wide rehabilitation
needs as presented in the City's current Housing Assistance
Plan (HAP).
TABLE 7
REHABILITATION NEEDS - 1988 TO 1991 H.A.P.
Stnd. Units Substnd. Units Suitable for Rehab
·
Lower
Occ. Vac. ~ Vac. IQ1.... Income ~
Owner: 23,432 817 800 27 766 239 26
Renter: 20,861 1,119 1,594 85 1,527 1,032 82
Maior Rehabilitation
Major Rehabilitation, that requiring some kind of financial
assistance, would account for approximately 4.5% (1661 units)
of the total housing stock in the western area. Typically, the
· need for fi nanc i a 1 ass i stance from the City is seen to occur
when necessary repa i rs exceed $1,000.00. Typi ca 1 loans cover
the expense of roof replacements, room addi t ions, and kitchen
modernization. In some cases, complete homes have been
reconstructed on existing foundations, should the deterioration
of the existing house warrant such.
The rehab lending activities presented in Part I described the
level of funding over the past planning period. It is
anticipated that the same level of funding will be continued in
the western half of the City for the 1991-96 planning period.
· Deteriorated Units - Demolitions
According to the Building and Housing Department's estimates,
only about 1% (374 units) of the approximately 37,422 housing
units on the western side of the City are in truly
deteriorating condition with either crumbling foundations,
seri ous dry rot, and/or termi te i nfestat i on. Thi s stock coul d
be a potential candidate for demolition activity.
Approximately 19 single family dwell ing units were demol ished
during the last planning period due to serious deterioration.
If deteri orat i ng units cannot be economi call y salvaged through
· rehabilitation efforts, the City will continue to institute
demolition to ameliorate serious health and safety concerns.
Demol itions
1985-88 10
1989 6
1990 -1
Total 19
·
1I-12
Minor Rehabilitation
-..,.
Those items which can be classified as minor "fix-it· items,
such as replacing hot water heater safety valves, wi ndow and
door replacement, painting, weatherstripping, minor electrical
_..... and plumbing repairs are the focus of the City initiated
proactive program of inspection commenced in late 1987. This
proact i ve approach is a preventative program that sets rul es
and guidelines, and thereby seeks to educate cit i zens about
code enforcement in an effort to correct problems before
significant deterioration occurs. Since 1985, there have been
severa 1 neighborhoods annexed (i .e. Montgomery) that are
-- acutely problematic. Therefore, part of the proactive
as
inspection program, the Building Department has set monthly
goals for its inspection teams, concentrating on the following
---" neighborhoods all south of "L" Street in the Montgomery Area:
Woodlawn Park Broadway/Malta Square
-"- Otay Town Bay Vi sta
Connelly Park Harborside
This community suffered from serious neglect of public
-- services, and haphazard regulation for years while it was in
unincorporated San Diego County. The results are neighborhoods
with a great deal of deferred maintenance, non-conforming
zoning violations, and a high concentration of low-income
rental housing ( refer to project location map) . For this
reason, both the departments of Buil di ng and Housing and
--- Community Development have initiated a special program emphasis
in rehabilitating this area through the use of CDBG funds for
either capital improvements, sidewalks, street widening, new
street lights or commun i ty facil ity enhancement such as the
-~,- expansion of open space and parks and neighborhood clean-up and
trash removal days subsidized by the Neighborhood
Revital ization Program. These mini-programs give Code
-- Enforcement Offi cers the opportunity to educate neighbors,
property owners and resident-tenants on the value of Code
compliance in maintaining high neighborhood health and safety
--..- standards, and sponsoring community pride.
Monthlv Insoections
-.-- Monthly inspections are structured around the fo 11 owi ng three
areas:
- l. Housing (Overcrowding)
2. Health and Safety Items (Inadequate Sanitation Facilities)
3. Property Violations (Illegal Conversions)
.,,- Annua 1 volumes of code violations are currently being
internally mon itored to more accurately track the location,
level, and type of violations occurring in the City. According
_.-- to the records for 1989, approximately 247 housing-related code
violations were cited in single family residential
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---
---,--_.._-~..__..., .---,------ ---_.~-,.." ..- --~~-_._-,---------- ----~.,-_._~._._.,------- ---_._._----,,-----~
neighborhoods. Approximately 42 of the 247 citations involved
issues of overcrowding, 61 citations involved the improper use
of vehicles, shacks, garages or RV/s as permanent housing
facil ities, but 144 citations involved the following items,
, most of which were in neighborhoods south of L Street:
Health and Safety Items
(i.e. inadequate sanitation) 12%
Minor "fix-it" repairs
(leaky roofs, and deferred
maintenance under $500) 6%
Vermin Infestations
(rats, roaches, maggots) 8%
· Property Violations 32%
(zoning violations, encroachments,
and construction without a permit)
Sub-Total 58%
The Neiohborhood Revitalization Prooram (NRP\
The NRP focuses on the code enforcement of property standards
which are based on " conditions affecting the general
...
appearance, health and safety of the occupants, and are
enforced as zon i ng regul at ions. " In effect, these guidel ines
establ i sh the City / S property maintenance standards. The
· concentration of these efforts has been to enhance the
aesthetics of the neighborhood, educate inhabitants of code
enforcement activities, inform res i dents of avail abl e low cost
financing for rehabilitation projects involving at least $1,500
and up to $90,000, and to help coordinate trash removal and
general neighborhood clean-up activities including inoperative
vehicle removals.
Again the departments of Building and Housing and Community
Development have initiated this program in the neighborhoods
south of "L" Street to augment the efforts of code enforcement
and rehabilitation lending activities in these areas.
·
B. SPECIAL NEED POPULATIONS
B.l The Elderly and the Disabled
The elderly and disabled population comprise about 20% of the
population in Chula Vista or 26,536 persons. This population
is comprised of some 9,751 households, of which 6,667 are
owners (68%) and 3,084 are renters (32%) . The previous
discussion on homeowner over-payment suggests that this
population is not as burdened by mortgage payments as some
family households may be. Additionally, during the years
· between 1971-1985, 45% of the affordabl e hous i ng produced was
targeted toward elderly and disabled households. In the last
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fi ve years, 35% of the affordable hous i ng produced benefited
-,-- low-income seniors and the disabled households. Another 33% of
all Sect i on 8 hous i ng ass i stance went to 1 ow- income seniors.
These efforts are laudable, and clearly show senior housing
being addressed in some what greater proportion to the
-- expressed need. At this time, many of the senior housing
projects located south of L Street reported high (over 8%)
vacancy rates. The high vacancy rate among senior density
-,- bonus projects monitored by the City may be the result of one
of two things: the current supply of these units exceeds the
demand for them; or these units may be in an inappropriate
location. The demographics of the census tract where these
-,- seniors density bonus projects exist indicate high
a
concentration of minority households and a low median age.
- B.2 Homeless Families
According to a report by the Reg i on a 1 Task Force On The
--, Homeless prepared in 1988 for the South Bay Region of San Diego,
" homeless families and a 1 imited number of single
...
adults may receive vouchers for a two-week stay in
-,- selected motels through local social service agencies.
During periods of shelter voucher availability, an average
of five single adults and twenty-five family fami ly
--"" members can be found in two participating motels in Chula
Vista each night. During a recent two month shelter
voucher period, nearly half of the 177 separate
-,- individuals sheltered were children."
According to the statistics provided in the RHNS, 60% of the
homeless population (350-500) in the South Bay are families, an
- additional 5% of whom are children.
B.3 SinQle-headed Households
-
Single individuals with dependent children represent an
important group with speci al housing needs. The proport i on of
single-parent households with children forms a significant
-- portion of lower-income households "in need" . Single parent
households require special consideration and assistance because
they have a greater need for day care, health care, and related
-- facilities. (SANDAG:RHNS:page 137)
A rental survey conducted by Community Development of ass i sted
- housing projects revealed that most family rental units were
not aided by Sect ion 8 cert i fi cates, wh il e up to 40% of the
senior units were. Thus, family units were not receiving the
_.-. level of subsidy required to guarantee that no more than 30% of
household income was spent on housing costs. Waiting lists for
Section 8 certificates are the longest for family housing units.
-
----
II-IS
--
- -----,--~~~-_.__._-,_._..._._-_. "_._----~~_.__._-
1990 Census data indicates that 10.3% of the City's total
· households are headed by single individuals for a total of
4,902 households. Of these households, 994 (20%) are male
headed and 3,908 (80%) are female headed.
B.4 LarQe Famil ies
There are other sub-populations within the City which are being
under-served, notably large famil ies with incomes below 80% of
median. Almost all family housing produced in Chula Vista,
with the exception of 24 Public Housing and Section 8
subsidized units, are not truly affordable to this group.
Social service providers have testified that 1 arge families
· have the most difficult time finding affordable housing.
According to 1990 Census data, 6,592 (14%) of Chula Vista's
47,824 total households were 1 arge famil ies of fi ve or more
persons. Of those 6,592 1 arge famil y households, 4,088 (62%)
were owner and 2,504 (38%) were renter. One can 'assume that if
famil ies have a difficult time finding affordable housing the
s ituat i on becomes worse as the family size increases, and the
family is within a lower income group.
B.5 Farmworkers and Dav Workers
· Due to the rapid suburbanization of Chula Vista, only 5% of the
county's agri cultura 1 employment base is left in the area.
Approximately 1% of the labor force is currently classified as
farmworkers or day 1 aborers many of whom may work on sma 11
construct i on jobs. An estimated total of 234 people, mostly
single-men, are thus descri bed. Many of these people may at
various times also be counted among the homeless as they drift
in and out of work. (SANDAG RHNS page 19)
B.6 Hobilehome Park Residents and Relocation
· County-wide, mobil ehomes account for 4 percent of the total
housing stock. In Chula Vista, mobilehomes account for
approximately 7% of the housing stock. Currently, two parks
have given notice of their intent to convert the park to
another commercial use within the next planning period. These
two park owners are in the process of complying with the City's
Mobilehome Park Relocation Ordinance provisions which were
previously discussed in Part l. While some units may be last
through these conversions at least the hardship of relocation
is mitigated by the mandatory compliance by owner to the
mobilehome relocation ordinance.
·
11-16
·
General Plan/ZoninQ Consistencv Studv
-,-
When the Genera 1 Plan Update was adopted in July 1989,
evaluation was undertaken for the older areas of the City west
_,m of Interstate 805 to determine in what specific areas the new
Genera 1 Pl an and the existing zoning were not in full
consistency as required by State law. The result was
identification of several areas primarily within the Central
-- Community, where zoning confl i cts were present. The City is
currently in the process of performi ng deta i1 ed analysis of
these areas in developing a recommended course of actions,
-- involving both genera 1 pl an amendments and rezonings, to
achieve required consistency. Where potent i a 1 residential
dens ity reduct ions ari se, the City will evaluate thei r impact
on affordable housing provision prior to reaching a final
-- recommendation for action.
In order that the intents of the updated General Pl an be
-.. recogn i zed wh i 1 e the Cons i stency Study is undertaken, the City
Council adopted an interim measure to address processing of
project proposals in affected areas. Where projects propose
- implementation in accordance with existing zoning in confl ict
with the new General Pl an, the measure requi res a general pl an
amendment to be processed.
- Otav Water District Allocation PrOQram
One of two water di stri cts serving the Chul a Vi sta Planning
-- Area, Otay Water District recently adopted an allocation
program due to existing infrastructure inadequacies involving
di stri but i on and termi na 1 storage facilities. Scheduled
- completion of an additional supply pipel ine to the South Bay
area in 1994-95 will correct inadequacies. In the interim, the
District has restricted annual water allocation for development
to approximately 1,900 units. Otay' s projections indicate
- Chula Vi sta will receive between 700-1000 units/year of thi s
total district-wide allocation, whi ch compares favorably with
the 714 units/year average derived from the RHNS' Regional
-- Share (Table 16). Add i t i ona 11 y, the western half of the City
is served by the Sweetwater Authority which has no such
restrictions on water availability.
",,, B.2 Growth HanaQement
In order to ensure the adequate and timely provision of
..,,, facilities and services in conjunction with growth, and to
protect residents "quality-of-life", Chula Vista has adopted
g rowt h management provisions through a series of efforts as
-- follows:
-
-"
1I-41
-...
,..-"----.----.--..-"'.--.--- - -- ---- -- -- ...--"----.,----.-----"----,-- ..,..-..,-,.--.,.--..----"
·
a. Threshold Standards: Adopted in November 1987, the
"thresholds" established performance criteria and
standards for el even (11 ) public facilities and services
to ensure residents "quality-of-life" in conjunction wi th
9rowth. They addressed such matters as minimum "level of
Service (lOS)" to be maintained on roadways, police and
fire response times, minimum park acreage and 1 i brary
square footage per 1,000 persons, and guarantees for
school, water, and sewer service as examples.
·
The Standards included two types of implementation
measures, those for application by staff on a
project-by-project basis, and those to be applied
City-wide on a periodic basis. For the latter, a Growth
Management Oversight Commi ss i on ( GMOC) was formed and
tasked with an annual review and report on city-wide
compliance.
A survey of existing levels of service, and acceptable
standards was performed so as to establ i sh a bas is from
which measurements could occur.
·
b. Controlled Residential Develooment Ordinance (Citizens
Initiative): Enacted in 1988, establ i shes residents
desires to protect the "quality-of-life" by requiring all
facilities and services needed to accommodate growth to be
provided in a timely manner. In addressing the rate of
growth in older areas, it established a cl ause limiting
the degree of residential rezon i ng wh i ch could occur on
property within any two-year period.
c. Growth ManaQement El ement: Incorporated with the General
Pl an Update in Apri 1 1989, it sets forth the City's goal,
· objectives, and policies related to protection of
residents qual ity-of-l ife. Establ ished a City commitment
consistent with the concept of the Threshold Standards and
Controlled Residential Development Ordinance.
d. Growth ManaQement PrOQram: Adopted in April 1991, it
serves as the implementing mechanism for the Growth
Management Element of the General Pl an. It sets a
foundation for carrying out City development policies by
directing and coordinating future growth to ensure timely
provision of public facilities and services. As such, its
primary focus is Eastern Chula Vista where large tracts of
· vacant land are to be developed. The Program document
sets forth guidelines for relating development phasing to
facilities master plans at the project level, and
establishes requirements for facilities guarantees at
various stages of project planning and review.
· II-42
e. Growth Manaaement Ordi nance (C. V. Muni ci Da 1 Code ChaDter
19.09): Enacted in May 1991, it codifies Growth
__ Management intents, standards, requirements and procedures
related to the review and approval of development projects.
_, The State Department of Housing and Convnunity Development (HCD)
has developed several questions to evaluate the impacts of
growth management measures on the provision of adequate housing
__ opportunities, since some measures employ either directly, or
indirectly, limits on the amount and type of growth to occur in
a given time period. The following provides a response
reflective of Chula Vista's growth measures impacts on housing
- provision.
_ Are the actions based upon actual and clearly defined envirocwental or
__ public facilities constraints?
The principal foundation of the City's various measures is
recognit i on that 1 arge scale future growth creates
__ tremendous demands for public facilities and services,
which if not adequately addressed, will result in
shortages detrimental to public health, safety and
_ welfare. Development of the Growth Management Program
involved preparation of several facilities master plans
suffi c i ent to support the 1 and use base of the updated
__ City General Plan consistent with adopted Threshold
Standards. Preparation of those master plans included a
comprehensive survey and analysis of existing conditions
and levels of service.
Thresholds Standards are applicable city-wide, although
the Growth Management Program is targeted toward Eastern
_, Chula Vista where large vacant tracts of land are being
developed. Through the Implementing Ordinance (CVMC,
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--~_.__._------ ------~ --------- -----~_...,_._-- ---- -~ - -- ---
Chapter 19.90) discretion is reserved to exempt those
projects which through their size and/or location do not
possess potential to significantly impact facilities and
services. This level of significance is defi ned through
the environmental review process on each project which
specifically measures related facility and service needs,
· and in comparison to Threshold Standards performance,
identifies if mitigating actions are necessary.
In such instance that a project, due to its location
and/or timing, is required to provide a facility(ies)
exceeding its needs, a benefit assessment is made to
determine the amount and/or location of additional
development being served, and appropriate financing
mechanisms and reimbursement agreements are established.
- Do the actions let the local itie.' new construction ..xi__ above it.
new construction need, including the jurisdiction's share of the region'.
· housing needs?
The City's abil i ty to accommodate Regional Share
allocations is not impacted, as the measures do not
establish any form of building cap. Rather than
attempting to artificially limit growth, the measures are
aimed at ensuring the adequate and timely provision of
fac i 1 it i es and servi ces needed to support growth produced
by market forces. As illustrated in Table 1 (pg. 1-3)
substantial new construct i on occurred duri ng the previ ous
pl anned period, and current forecasts i nd i cate an annual
residential construction rate of approximately 1,200 units
· City-wi de. That rate exceeds the average Regional Share
rate of 714 units/year, and includes approximately 200
units/year of infill construction in Western Chula Vista
generally not affected by the measures.
- Is the locality taking all reasonable and availabLe steps to relieve
the constraints that ~ke growth li.itation necessary?
As indicated above, growth "management", rather than
growth "limitation", is the City's focus. The various
growth measures are designed to form a comprehensive
program to ensure necessary infrastructural and service
· provision in a pre-planning manner so as to avoid
inadequacies which would result in growth limiting
constraints.
·
11-44
- Does the City pcovlde edequate Incentives to encourage the developMllt
---" of houaing affordable to low and .xIerate tnc~ houaeholda, con.i.tent
with the locality" .hace of the caglon'. hou.lng needs foc all Inc_
levels?
- With no specific 1 imits on the amount and type of
development under the growth management measures, specific
additional incentives to overcome growth management
- created constraints on low and moderate income housing
production are not necessary. Outside the scope of growth
management, the City has provided adequate incentives
- (density bonus, financial assistance, etc.) in the past as
evidenced by performance in excess of previous affordable
goals. Profil es of dwelling unit completions by type
(Table 1) indicate construction of a vari ety of housing
-.. products responsive to all income groups.
As indicated in Part 3 of this document, the City proposes
- to continue providing incentives to encourage and support
the production of low and moderate income housing.
Examples of those incentives include flexible development
- standards through the PC zone (such as density aggregation
or cl ustering), dens ity bonus; and direct and indirect
fi nanc i a 1 assistance for land acquisition, infrastructure,
and home purchase through programs such as Mortgage Credit
-.. Certificates (MCC's).
.. Does the City control industdal and c~rci.l develo~nt that MY
- increase the need for housing?
Whi 1 e commerc i a 1 and industrial developments are subject
to compliance with applicable Threshold Standards, the
- City's growth measures do not place specific controls on
the amount or rate of that development. Wi th respect to
concepts of "jobs/housing balance", the City possess a
- substantial residential base from which housing needs
created by commerc i a 1 and industrial development can be
met. From an overall land use perspective, Table 19 (pg.
-,- II-31 ) ill ustrates that Chul a Vista has been, and will
continue to be, a predominantly residential community.
- Ace the controls cond;tioned to be fetlOved upon fetlOval of the
- justifying constraints?
The Threshold Standards, and the Growth Management Element
-- and Program are des i gned for the continued guidance and
management of growth to ensure the timely and adequate
provision of infrastructure and services. Should the
-- matter of facil ity and service adequacy be resolved upon
substant i a 1 buil dout of the Pl anni ng Area, it is feasible
that changes in growth management measures could occur.
--
-,-
II-45
-~------,---._+-- -------.-.---.-.-..- ---..-.---.-,....-
--,
B.3 BuildinQ Codes and Enforcement
The City Building Department administers and enforces the
Uniform Building Code which ensures construction in accordance
with widely adopted health and safety standards. While the
City may establish standards beyond those provided in the Code,
these standards do not significantly affect or increase the
cost of construction. As previously discussed in the Needs
Assessment, the Code Enforcement Division administers a
proactive program of community outreach in attempt to prevent
Code violations from reaching a point of costly remedy.
B.4 ImDrovement ReQuirements/DeveloDment Standards
· The City has a variety of requirements established by both the
Zoning Ordinance, and plans and programs administered by the
Engineering Department. The majority of these requirements are
those necessary to ensure adequate livability and lasting value
in housing such as sewers, streets, curb-gutter-sidewalk,
lighting, drainage, recreational open space, parking, etc.
While there are defi n i te costs associ ated to these, they are
those which are incidental to the provision of a sound living
env ironment. In such instance that a developer is required to
provide improvements which may offer service beyond that of the
project, the City has and will use either reimbursement
· districts, or other methods of equitable compensation. In the
case of certain affordable housing projects, such as those for
seniors, the City has allowed the reduction of standards to
help offset costs. The City also proposes to consider possible
financial participation in the construction of infrastructural
improvements as a method of "additional incentive" under the
State's revised Density Bonus Provisions.
B.5 ProcessinQ. Permits. Fees. and Exactions
a. Project Processing
· The extent and duration of project processing varies
widely by type of application. Residential projects
requiring subdivision of land will experience an extended
period of review, and/or those projects which required
addit ional regulatory approvals such as rezonings or
conditional use permits. Regardless, the processing
required is that necessary to comply with the law and
ensure proper and thorough review without comprising
environmental quality or public safety.
·
II - 46
·
The City has and will continue to use "fast-track"
-" processing to expedite projects, such as those providing
affordable housing. This "fast-tracking" can be
accomplished primarilY in two ways, the first being
_.~. re-prioritization of work to focus staff resources to
these projects. The second is the institution of
"parallel processing" whereby normally sequential approval
processes are run concurrently, such as env i ronmenta 1
..- review, design review, site plan review and architectural
pl an check. The result is a substantial savings of time
in achieving complete project approval and the start of
-- construction. However, to date, the application of
fast-track procedures has not occurred in a consistent
manner, and no specific policy or procedures exist for
-- exped it i ng affordabl e housing project proposals. It is
proposed in Part 3, that such policies and procedures be
developed and implemented.
,,- b. Fee Schedules
Like many other cities in San Diego County attempting to
-- deal with substanti a 1 improvements to infrastructure and
the expansion of services necessary to meet demands
induced by rapid growth, Chula Vista has found the need to
revise and expand its fees in order to ma i nta in service
-" levels. While fees have increased, the City has expended
great efforts in developing equitabl e methods to ensure
the fees are only those necessary to address the actual
-...- impacts of development, and ensure timely implementation
of required facilities.
Tabl e 23 provides the most recent County wide compari son
of processing and impact fees available (1990) as provided
by the Construction Industry Federation (CIF), and
referenced in SANDAG' s RHNS. As indicated in the table,
_Od Chula Vista compares favorably with other jurisdictions of
similar size and complexity. To further ill ustrate Chul a
Vista's relative position within the region, and prov i de
-- an estimate of impact useful in constraints assessment,
--
,,-
--.-
-
1I-47
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CIF also compiled a comparison of total fees that would be
required of a building permit appl ication for a prototype
home. Table 24 ill ustrates the results of the survey,
which ranked Chula Vista #8 out of 19 jurisdictions.
TABLE 26
TOTAL FEE COSTS TO BUILD A PROTOTYPE HOME (JAN. '91)
,
1 Escondido $21,507
2 San Marcos 19,131
3 Poway 16,740
4 San Diego City 15,755
5 Carlsbad 15,742
6 Solana Beach 14,590
7 Encinitas 14,527
8 Chula Vista 14,193
9 Santee 12,397
10 Oceanside 12,012
11 Vista 10,791
· 12 San Diego County 9,279
13 Imperial Beach 8,567
14 Lemon Grove 8,459
15 Del Mar 8,222
16 La Mesa 7,733
17 El Cajon 7,645
18 National City 6,443
19 Coronado 5,908
CIF PROTOTYPE HOME: Three bedroom, two bath
single-family detached home. 1800 square feet
1 iving area. 400 square feet garage and 240
· square feet patio. Approx. $139,000 valuation
(calculated by each jurisdiction). Type V wood
frame construction. 100A single phase
electrical. 100,000 Btu FAU gas service, and a
common set of fixtures.
As stated in past Housing Elements, and included in Part 3
of this El ement, the City will continue to consider
subsidizing or reducing certain fees for affordable
housing projects where such subsidies or reductions are
clearly necessary to create the required project economics.
·
Since application of subsidies or reductions have
previously not occurred in a consistent fashion, or under
the direction of specific policies and procedures, it is
proposed that such be developed. The policies and
procedures should address analysi s which establish
criteria for determining the level of assistance
necessary, including pro-formas, and evaluate the relative
impact reductions may have on overall budgets for
facilities and service plans.
·
I I - 50
C. NON-GOVERNMENTAL CONSTRAINTS
-- C.l Financial Avail abil itv
The availability and cost of financing for both new
__ construction and home mortgages are a major component of
housing affordability. The previous analysis of 1988 mortgage
lending, in select census tracts, previewed lending practices
in the newly developed areas, and older, more established areas
_ of Chula Vista. The following discussion looks at the
ava i 1 abil ity of convent i ona 1 1 end i ng for mult i -fami ly and home
mortgages.
Mult i -Fami 1 y
_ According to 1988 HMDA data analysis, multi-family lending was
made available in every census tract in the City for the
purposes of new construction andlor purchasing of existing
housing complexes. City-wide multi-family lending exceeded
_ S30, 000,000 on 36 loans, and S19, 305,900 on 221 non-occupant
loans. While it appears that money was available, without
specific information regarding credit terms, it is inconclusive
_ to find that lending conditions were restrictive. However, as
it can be stated that increases in interest rates and other
such changes in the finance arena tend to inhibit construction,
_ the City is proposing to assist developers in availing
themselves of alternative and supplemental financial assistance
available through consortiums such as SAMCO and CCRC.
_ Home Mortqaqe Lendinq
The following page contains the table "marketplace" of mortgage
_ borrowing rates taken from the San Diego Business Journal
(10/90). It indicates that interest rates are still around 10%
for a 30-year fixed rate loan of under S187,450 in value. The
median resale price of homes in the San Diego area is
_ S160,000-S170,000, which using a 95% loan, would be affordable
to a household with income in excess of S60,000, of 158% of the
area median. Under the current market conditions, condominiums
_ become the "affordable home . ownership opportunity". In
summary, the high cost of housing continues to rise which
restricts the number of new homebuyers into the market place
_ without spec i a 1 programs 1 i ke deferred secondary loans from
parents, the State, or local agencies.
As illustrated above, as interest rates rise more and more
_ households can no longer qual ify for home mortgages without
special assistance programs such as that mentioned above.
Additional assistance programs are proposed in Part 3.
II -51
~ -...---------.--,."-..----,,,'-.. ---- .-- --,_.._~ - _._~--_._"._- - -------'---"-
_."_n.__ ___________._..__._~,,_ ~._..__'" ______
N.lAKK..: .l.C"LAL.:
. MORTGAGE AND BORROWING RATES, .
\:! Adjultab/e-rst. mort¡¡s~ (below $IB7,45O) ."
! lande' IIoto-" Down-" PoIn" Indo' Ilal¡ ln AnnUli Clp-~ Plyment CIp-~ Uf.Ume Clp-~ Phon.
res Mortgage Banking 6,85 10 1.25 , "IT ,Tobin 2,5 na 7,5 14,125 452-8000
· JJ.:_ Allegis Mongage 6,8 20 0 11th district 2,625 na 7,5 13,625 28&-7161
Ir-·-·· 6,9 20 0 "thdilitrict 2.625 na 7,5 13,625 722-0456
Foyts Financial 6,9 10 0 11th district 2.625 na 7.5 13,625 587·'400
... Jolla Nawpon Financial 6.S 20 .25 '1thdiltrict 2,5 na 7.5 13,875 ....3385
U,S, Bancorp 6.S 20 0 "thdiltrict 2.75 na 7,5 '3,875 831-4900
Wastern Residential 6,9 20 1,25 11thdi.trict 2,625 na 7,5 13,5 576-2227
,:1 Terrill Financia! 7,375 20 2 , 1m district 2 na 7,5 13.95 578.(1741
Itl Â, T.teçl'l & raleel'l 7,5 20 ',5 "thdistrict 2,25 na 7,5 13,50 <34-7079
Er Bank of Commerce 7,5 20 1,5 "thdistrict 2,35 na 7,5 13,95 (800)<54-2253
~·I Greal Am.rican 7,5 20 1.5 11th district 2.25 na 7,5 ,< (800)423-2255
~f I No!"Wesl Mortgage 7.5 '0 2 , yr. T·bill 2,75 2 na 13_5 720-0045
f :JO.y.~;"td'~$IB7,45O)- ..'...,::;:;.!.,'. ~ç.~;'If\ ' .:~,,-:.' ',' '·::-:::'Ì5-;:";X¡;;(btk,.,$IB7.450)
.
Lend,r Rat__"" Down-"" Polna Pho.. :i¡ Lender Rat__~ Down-\\ Points Phone l
·
Terrill Financial 9.75 20 2,5 578-0741 . Terrill Financial 9,375 20 25 578.0741
Allegis Mongage 9,875 10 1.875 286-7'6' A, Tllech & Telech 9,5 10 25 434-7079
BanK 01 Commerce 9,875 10 1.95 (8001<5(.2263 -, Bank 01 Commerce 9.5 '0 1.95 (8001464·2263l
FoulS Financial 9.875 10 2 S87·1400 .,., Norwest Mortgage 9,5 5 2 72Q.0045
La Jolla Newpon Financial 9,875 10 2 454-3386 U,S, Bancorp 9,5 5 2 93'--4900
. Norwest Mongage 9,875 5 2 720-0045 Auegis Mongage 9,625 10 1,875 286-7161 ,
rcs Mortgage Banking 9.875 10 2 <52·8000 Fouts Financial 9.625 '0 2 587,1400 i
US Bancorp 9,875 5 2 93'--4900 La Jona NewportFinancìal 9,525 10 1,75 454·3386
Unl·Fed Mongage Corp I 9.875 5 225 873·3630 American City Mortgage 9,75 '0 1.75 293-7283
A Telech & Telech '0 10 2 <34·7079 Household Bank 9,75 5 2 595-838 , "
American City Mongage '0 '0 225 293-7283 " TCS MOr1gage Banking 9,75 '0 2 452-8000 I
Household Bank. '0 5 2 595·8381 Uni·Fed Mortgage Corp ;,75 5 1,75 673-3630
I·.
3I>-y..' flX.d (above $1B7,450) .. Home Eqully Un. 01 Credit Søcond Trust Dt6d
·
Lender I Rate-~ Oown-~ ! Points : Phon. Lender Rlte-~ Typo I Points Phone I
Norwes1 Mon,;age '0 20 2 72Q.0045 Allegis Mortgage 10 variable 2 286·7'6'
TeS Mongage Banking '0,25 '0 2 452-8000 . . Fouts Financial '0 variable 2 587·1400
Terrill Financial 10,25 20 2 578·0741 - Glendale Federal '0 variable 0 (8001834·'000
Alle91s Mongage 10,375 10 1,875 286-7161 Nonh Island Federal CU 10 variable , 563·1600
Fouts Financial 10,375 '0 2 587·1400 '!¡. Mission Federal eu 11 variable 0 546·2039
La Jolla Newport Financial 10,375 20 2 454·3386 San Diego Teachers' CU 11,21 variable 0 49' ·3500
US Bancorp 10_375 '0 2 I 93'-4900 Sanwa Bank '1.23 variable 0 234-351 , I
Ban..; of Commerce 10,5 . '0 1,95 (800)454-2263 Great American 11.47 ...ariable ,5 (8001423-2285
Uni·FeO Mortgage Corp 10,5 '0 1,625 573-3830 " Wells Fargo Bank 11,82 vanable I 0 (8001225,5932
Union BanK I '0,5 25 1,75 541-0'80 Coast Federal '2 variable I 0 531-8833 ' ,
I Western Reslde:'\llal I 10,5 10 '5 576-2227 USA F~eral CU '2 ...ariable 2 693-9360 I
· American City Mortgage : 10,625 10 2 293-7283 Union Bank '2 variable 0 541·0'80
,'. .. '.'- .
'. SAVINGS INSTRUMENTS (Based on d2,5OO minimum) -
T,e", .re IlstfC .!;¡,'JaÞÐ/icslly . Indic,'es irlsra¡¡tion pays SImple interest only
rI" nor.vailllbiÐ ! Two--yur CD
&-month CD i:/yMrCIJ 2¥J·Yllr CD ,JJ;t CD MoneyM.rtet
In¡tltutlon I'Ittlyl.ld-'" III 1.ld-~ ..../ylold-" Id-~ Account-'" PhOn.
. Fireside Thrift
8,3/8.53 8,35/869 na 8,35/8,69 5,75/5,9 234-4'01
- Foothill Thrift & L.oan 8,318.55 8,318.55 no na 616.18 234-55S5
~ Tope Thrift & Loan 8,25/8,6 8,318,85 8,31885 8,318,55 7,18n,44 747-0715
Landmark Thrift & loan 8,12518,56 8,2518,69 8.375/8,83 8.37518.83 na 698-6121
Western Financial Savings 8,'2518,46 8,25/8,6 na 8.25/8,6 7.5n.79 588-0098
Cuyamaca Bank 805/8,38 ß,1/8,44 8.15/8,49 8,218,55 5,916,06 582-6400
" IDS American E.xpress·
· 8 8 8,05 8,3 7,53 942·7258
Western Family Nat Bank 8/8,3 8,11841 8.118.4' 8.1/8.41 7n.25 434 6'31
Great American 7.955/8,279 8.072/8,406 7,76318.071 7.80918,121 5,25/5,39 (800)423-225-
HomeFed BanK 7,95/8_27 8,0319,25 7,97/8,35 8.0218_35 5,2515,38 (8001504-282 .
Shaarson Lehman Hutton' 7,8 8 8,15' 8< 7.46 456-4947
Home Savings of America 7.75/806 7,918.22 7,9/822 na 5,25/5.38 291·28'0
< North Island Federal CU 7,7~8,03 7.85/814 8.118,41 8,25/8_57 6,5'1671 563-'600
Coast Federal 7,74/8.047 7,8918,209 8.09/8,425 8,0918.425 5.2515_39 531-8833 -
.
l~ Union Ban.k 7,4{7.6S 7,4n,6S 7.617,9 7,617,9 5.9f606 I 541.0'80 -
-",.,.-'--~ .,. ':~J.;:,....._",:,"'ø.~ ._'~,,,,,,-,,, ....._p. :0.... .._...'~. ".~...... ,"" .. .. . ~ .. . . ~p~- -.... ...... '"' -
II-52
C.2 land and Construction Costs
-...- The rising costs of 1 and and construction in Southern
Cal ifornia represent the single 1 argest factors in the
spiraling cost of housing. The most frequently encountered
constraint in affordable housing provision is the "lack of
economic feasibility" expressed by the private sector in
attempting to make units available to lower-income households
-..- given these costs. Together land and construction costs
comprise about 75% of the tota 1 cost of a residential
dwelling. The fo 11 owi ng sections present an overview of 1 oca 1
conditions, and provide information for use in addressing the
---- level of economic barriers to lower-income affordability in new
construction. The information was collected from 1 oc a 1
developers, the Construction Industry Federation, and The Myers
."". Group-a local San Diego firm specializing in market analysis
and consultation to the development community.
-- a. Land Costs
Residential 1 and costs in Chula Vi sta, on average, are
currently $200,000/acre, with the spec ifi c doll ar/unit
-".- ratio obviously dependent upon density. In surveying
recent 1 and purchases for several proposed s i ngl e fami 1 y
developments in the City, the average per lot cost for the
--, raw land was approximately $40,000. Improved 1 and costs
can vary widely depending upon the amount of improvements
necessary including, in Chula Vista, the amount of site
grading to create buildable lots. As an example, a
-,.- recently approved master planned project with 1900+ units,
has an estimated per unit site work cost of $22,500.
-- In order to further illustrate total buildable lot costs
for new development, the following table was provided by a
1 oc a 1 developer as an example of costs per type and
density of residential development:
Product Tvee Finished Lot Cost
- Single Fam (BOOO s.f. lot) $203,000
Single Fam (5000 s.f. lot) 130,000
Multi-Fam (B du/ac) 76,000*
-- Multi-Fam (12 du/ac) 62,000*
Multi-Fam (22 du/ac) 40,000*
-- *per unit cost assuming 100+ units on a 12± acre site.
b. Construction Costs
--- As mentioned, increased construction costs have al so
contributed significantly to the problem of housing
affordabil ity. Current estimates place single family
---- costs between $36 and $42 per square foot depending on
unit amenities. Given an average 1,500 sq. ft. home on a
-..-
II-53
-_..._.~-~---_.._-_._._-.._.- --~---- ------- - -.._-----~..._--_._--_..,---'~----'---- ,..,----
· 5,000 sq. ft. lot, construction costs would range between
$55,800 and $65,100, which assuming a $225,000 purchase
price, represents 25%-29% of the home.
Costs for multi-family construction vary according to the
type of structure generally as follows:
- Wood frame low rise (1-3 stories) - $36 to $42 sq. ft.
- Steel frame mid-rise (4-6 stories) - $65 to $70 sq.
ft.
- Steel frame high-rise - $75 to $100 sq. ft.
(up to 20 stories)
· (add $25/sq. ft. if underground parking or parking
structure)
Est imates used for the sample development pro- formas followed
these cost assumptions:
Comoonent Costs in Multi-Familv HousinQ
New Construction Unit Price $105,000
Land $ 25,000 (24%)
Hard Costs (improvements, const.) $ 60,000 (57%)
· Soft Costs (arch., eng., marketing, etc.) $ 20,000 (19%)
C.3 EmDlovment DDDortunities
In an effort to address the public policy issues involved in
providing low-income housing, the rationale offered usually
focuses on housing as a "social service", and a moral
obl igation that City's must absorb. While this argument has
merit, a more compelling public policy may be at stake. That
is, the future economic vitality of the City may depend on its
providing affordable housing for all segments of the
· population, especially "the working poor".
To defi ne what public purpose will be served by providing
affordable housing to all economic segments of the population,
three questions must be addressed:
a. Will the City lose jobs?
b. Will the City lose workers?
c. Will the City lose economic opportunities?
·
II-54
·
The probabl e answer in all three cases is yes. Thus, in an
---- effort to preserve as many of the nearly 36,000 employment
opportunities in Chula Vista, the City should continue to
provide as many affordable housing opportunities as possible
--,- during the next planning period.
According to an economic survey prepared by Southwestern
_..- College in Chula Vista, the highest concentration of employment
opportunit i es (# of firms) are in South Bay, wi th 2,481 fi rms
physically located in Chula Vista. In general, the highest
concentrations of employment opportunities are in the following
-..- two sectors of employment (see also Table IS, pg. 11-26):
998 Service Firms 40%
--
717 Retail Firms 29%
Therefore, within the City limits nearly 70% of all existing
employment opportunities are offered by traditionally low
paying service and retail industries. Most of these fi rms are
very small with 1 - 5 employees. Manufacturing fad 1 it i es,
_."- with the exception of Rohr Industries, employ under 200
employees. Ninety-nine percent of these firms are located in
the older west side of the City (west side of I-80S).
-,~
TABLE 28
MANUFACTURING EMPLOYMENT
--.... Nellcor, Inc. 225
Rohr Industries, Inc. 7,213
Apparel Suppliers of California 130-200 (Seasonal)
w__ Crower Cams and Equipment Co., Inc. 160
Hyspan Precision Products, Inc. 170
The Kedall Company 100
-- Ratner Corporation 500
Risi Industries, Inc. 45
Corsair Marine 45
C & B Steel, I nc. 35
Laing Thermotech, Inc. 40
Nelson and Sloan Concrete 235
~--- SANDAG's Series-7 suggests that during 1986, 20-50% of the
population in 14 of the City's census tracts left those tracts
to work elsewhere in the City, or out of the City altogether.
_u Considering the concentration of high-income households in the
eastern territories, the overall cost of housing in the City,
and the number of highly skill ed job opportunities in Chul a
Vista, we can assume many residents commute to highly-skilled
-~ and high paying jobs elsewhere.
--
--
II - 55
----
...".--. -~ ---- -- - "- - - -~ - ----- - --- -- - - ---- ---- - - ~----------- --.-.-----,.-.
C.4 Other Sianificant ImDacts
International Border
The regional business cl imate is cont i nua 11 y improving,
affording industry new opportunities both within the City
1 imits and in nearby Tijuana, due in part to proximity to the
i nternat i ona 1 border only seven miles away. A growi ng number
of Ameri can companies are capitalizing on the twin-pl ant or
· "maquiladora" concept which links labor-intensive American
industries with Mexican 1 abor pools for assembly operations.
Many of these American companies rent warehouse/distribution
space within the City's light industrial business parks located
along the southern edge of the City limits.
While some critics decry the advent of dual-pl ant
manufacturi ng, many experts say thi s is a growi ng trend whi ch
will have significant impact on some 1 abor intensive
industries. The University of Texas in the "El Paso
Maauiladora ImDact Survey of 1987", reported to the Department
· of Labor (DOL) that production sharing is a net creator of U.S.
jobs in a rapidly evolving global marketplace. Much of the
City's newly developing eastern territories are considering
warehousing and mini-distribution operations within the new
commercial/industrial centers. Many of these centers will
provi de new jobs for the area. Most of these jobs, however,
are neither highly skilled nor well paid which would create an
addit i ona 1 demand for more affordable housing units if these
workers chose to live in Chula Vista.
·
,
,
II-56
v. SUMMARY
In order to assist the direction of policy and program development
responsive to the needs, resources, and constraints analysis provided in
.... Part 2, the following summary points have been compiled to highlight
specific matters for focus in Part 3:
- Investigate cause(s) of unusual vacancy rates in certain seniors
projects, (i.e. , demand, location, Section 8 certificates,
management, etc.)
..- - Addressment of overpayment (1980 estimates), especi ally in future
City-monitored projects, in proportion to the following:
~_.- Rental housing - approximately 6,193 households
Homeowners - approximately 1,248
- Address overcrowded conditions of 1,763 housing units.
- Provide a minimum of 1,058 new housing opportunities to households
below 80% of the area median income. These opportunities may
include new construction rental and home ownership, public housing,
Section 8 rental subsidies, and homeless sheltering.
- Increase awareness and utilization of rental rehab programs in
western side of the City through intensified staff commitment,
(i.e. , 70% of major rehab work needed is within the rental housing
stock).
-
- Encourage both affordabl e rental and home buying opportunit i es in
the eastern territories to promote balanced and integrated
communities within the City.
- Investigate options which will mitigate the loss of all 386 family
housing under HUD Section 236 mortgage subsidy contracts, including:
Temporary rent control on all projects seeking conversion with
specific relocation assistance cost shared by the tenant,
owner, and the City.
Limited equity coop conversion options for 1 ow- income renters
-.,., willing to consider ownership responsibility.
- Consideration of all unexplored financing opportun it i es with for-
and non-profit developers seeking to build affordable housing.
-"'-
- Evaluate the nexus between the growth of service and reta il
employment opportunities and affordable housing supply. In order to
.. att ract and retain manufacturi ng and servi ce fi rms in Chula Vista,
encourage affordable housing production for this work force as a
matter of public policy.
--
---.
II -57
_.___"'__.,__".,_uo_ ...._._,...__...__ " . u ... ___,._"__ ___________,___,,___ .,.._+.._ ._ .._~'.____'^___'_U'____~__"~ _~___,_
The fo 11 owi ng areas of need wi 11 be addressed under exi st i ng City Code
enforcement and rehab efforts:
l. Minor rehabilitation complaints which constitute 63% of all rehab
activity in the City's older west side are usually mitigated through
. the combined effort s of the Code Enforcement Officers, and the
Community Development Rehab Loan Program funded by the Redevelopment
Housing Fund.
2. Demol it ions of deteriorated units in such poor condition that
rehabil itation would not be cost effective account for only 1% of
the 37,422 units on the west side of the City. Existing Code
enforcement sufficiently mitigates this problem.
3. Neighborhood awareness of the value of Code compliance in
maintaining community pride-of-place is reinforced by the City's
support of the Neighborhood Revitalization Program in conjunction
. with CDBG funding for community social services, and enhanced
infrastructure expenditures, (i .e., street widening, etc.).
4. Continued enforcement of the mobilehome relocation ordinance to
mitigate displacement.
WPC Ol44p
1I-5B
APPENDIX
Resources & Contacts Contents
-
Community Reinvestment Act Agreements:
-..- Bank of America
Jim Waegle (415) 953-3179
--
Wells Fargo Bank
-
Steve Ha 11 (213) 253-7146
.-., Union Bank
Bob McNeely (213) 236-415B
-
Citibank
Jose Arce (415) 891-8711
-- -------------------------------------------------------------------------------
Savings & Loan Mortgage Company Organization (SAMCO)
Doris R. Schnider, President (408) 985-8110
Michael Graves, Chairman SAMCO Loan Committee, Household Bank Representative
----
California Community Reinvestment Corporation (CCRC)
- Dan Lopez (818) 972-2765
Community Investment Fund (CIF)
Jim Yacenda (714) 598-8700
----
WPC 0144p
--
I I -59
---- --_._----,_._.~--..__..-
TABLE OF CONTENTS
f.igg
-.-. III. OBJECTIVES, POLICIES, AND PROGRAMS (cont/d)
Objective 5 - Renewal, Rehabilitation, and Conversion (cont'd)
-- E. Rehabilitation Programs II 1-23
F. Neighborhood Revitalization Program II 1-24
G. Condominium Conversions III-24
- H. Educational Programs III- 24
Object i ve 6 - Housing Assistance for Homeless I II - 26
A. Participate in a Regional Approach
-,- B. Facilitate Transitional Housing Programs
C. Shelter Programs
D. Support Existing Homeless Services
-
Objective 7 - Coordination, Monitoring, and Evaluation II 1-28
A. Affordable Housing Standards
- B. Funding and Assistance Strategy Plan
C. Monitoring and Evaluation Program
D. Affordable Housing Threshold Standard
- Objective 8 - Fair Housing and Lending III-31
A. Fair Housing Program
B. Annual Fair Housing Assessment
_..- C. Fair Marketing Plans
Object i ve 9 - Reduction/Removal of Constraints 1II-32
A. Expedite Affordable Housing Projects
- B. Affordable Housing Ombudsman
C. City Assistance/Subsidies
D. Reduction of Building Costs
-- E. General Plan/Zoning Consistency Study
F. Flexible Development Standards
G. Alternative/Supplemental Financial Assistance
-
Objective 10 - Environmental Issues III-34
A. Energy and Water Conservation
B. Weatherization Programs (MAAC)
-- C. Piping for Reclaimed Water
D. Air Quality and Water Management Plans
E. Title 24 Energy Analysis
--
Objective 11 - Other Housing Issues II I -35
A. Jobs/Housing Balance
-- B. Housing Linkage Fee
C. Coastal Zone Housing
D. Relocation Assistance
- Objective 12 - Public Improvements, Facilities and Services III-37
A. 5-Year Capital Improvement Program
B. Neighborhood Revitalization Program
- C. Public Facilities Financing Plans
D. Maintenance of Public Improvements and Facilities
-
--
. --'---_.~--_.._---~..._--,-----._-._-,._-_._-_._------_.-- - .-.. ----.---- --, - --_.__...-_.__._----'------~..__.._._._,._--_._~_.
TABLE OF CONTENTS
-,
PART 3: COMPREHENSIVE HOUSING PLAN - 1991 TO 1996
- Page
1. INTRODUCTION III-I
-
II. STATEMENTS OF PURPOSE III -3
- III. OBJECTIVES, POLICIES, AND PROGRAMS
Objective 1 - Balanced Communities III -4
A. The Affordable Housing Program III-S
-- B. Implementation Guidelines I 11-6
Objective 2 - Rental Housing Opportunities III-I0
-- A. Facilitiate Use of Federal Funding III-I0
B. Facilitate Use of State Funding III - 11
C. Non-Profit Community Development Corp. 111-11
D. Federally-Assisted Housing Projects 111-12
- E. Shared Housing Program III-12
F. Family Publ ic Housing III-12
G. Density Bonus Program 111-12
-- H. Single Room Occupancy Program III - 13
Object i ve 3 - Home Ownership Opportunities III-IS
-- A. Affordable Housing Program III-IS
B. General Marketing Information III-IS
C. First-Time Homebuyer Loan Programs III-IS
D. Community Reinvestment Home Loan Programs III-16
-, E. Equity Share or Deferred Loan Program 111-16
F. Sweat Equity Projects I II -16
G. Reverse Annuity Mortgage Program III-16
-- H. Mortgage Credit Certificates III-16
I. Single-Family Mortgage Revenue Bonds 111-17
J. Educational Programs for Homeowners III-17
-,.- Objective 4 - Mobilehome Park Living
III-19
A. Mobilehome Rehabilitation Grant Program III-19
B. Upgrade Trailer Parks III-19
-- C. Mobilehome Rent Arbitrationh Ordinance III-19
D. Mobilehome Park Conversion Ordinance III-19
E. Mobilehome Assistance Program III-19
-- F. County Mobilehome Rental Assistance Program 1II-19
G. Preserve Affordability III-19
Objective 5 _ Renewal, Rehabilitation, and Conservation 111-21
- A. Conserve At Risk Affordable Housing III-21
B. Community Appearance/Neighborhood Improvement III-22
C. Housing Inspection Program 1II-22
-- D. Abatement of Non-Conforming Uses and Dilapidated III - 22
Structures
--
--
,-,--_..,- -------- -- -- ---~- ----
--
-,-
PART 3: COMPREHENSIVE HOUSING PLAN - 1991 TO 1996
-
I. INTRODUCTION
- A mandatory component of every Hous i ng Element is establishment of a
comprehensive set of quantified objectives and related policies and
programs des i gned to substant i all y address the development, mai ntenance,
..,,, and improvement of housing for all economic segments of the community
(Article 10.6, Section 655BO, et. seq. of the State Government Code).
This comprehensive housing plan must be responsive to identified local
condit ions and needs, and address particular housing problems including
- the reduction or removal of identified constraints.
Part 3 of the Housing Element of 1991 constitutes the integrated series
-- of directives and actions to be implemented by the City in discharging
its responsibil ity and commitment to providing adequate and affordable
housing opportunities for both the existing and future residents of Chula
Vista. Its various policy and program proposals delineate the responses
-.. designed to substantially address the needs, conditions, and problems
identified in Parts 1 and 2 of the document, and together, form the
5-year pl an to ensure the development, maintenance, and improvement of
- adequate housing opportunities and affordability for all economic
segments of the community.
- Based on the identification of local needs in Part 2, the City has
establ i shed quantified assistance objectives for its 1991-96
Comprehensive Housing Plan. The assistance objectives are those
anticipated through implementation of the policies and programs contained
-- in Part 3. For ease of correlation, the table on the following page has
been structured according to Part 3 objectives and programs, and
indicates the level of projected ass i stance by program area and income
--.. group. These objectives serve as benchmarks, and represent the maximum
number of housing units that can be constructed, rehabilitated, and
conserved over the 5-year timeframe.
---
--
-,
-
-
llI-l
~-'-
,---, --------_._----"-------_.~- -,,-_._---"-...--,"_.,.....---,,-----_.._,-,.__...,-,---
QUANTIFIED ASSISTANCE OBJECTIVES
1991-96 COMPREHENSIVE HOUSING PLAN
Obiectives 1. 2. and 3 - New Construction
Total Units: 1339
Very Low - 245 units
80 Public Housing Units (County Housing Authority)
75 Senior Housing Units (Section 202)
40 Non-Profit Family Housing Units
50 Family Relocation Housing Units
Low - 628 units
63 Family Density Bonus
50 Senior Density Bonus
29 Family Non-Profit
358 Affordable Housing Program (Mandatory)
79 Affordable Housing Program (Incentives)
50 Family Relocation Housing
Moderate - 131 units
131 Market Rate for Sale and Rental Units
Other - 335 units
335 Market Rate for Sale and Rental Units
Obiective 3 - ODDortunities for Very Low-Income Renters
, Total Units: 500
200 New Section 8 (Certificates and Vouchers)
300 Shared Housing Program (Seniors)
Obiective 5 - Rehabilitation and Conservation
Total Units: 793
528 At Risk Units (Section 236 Family)
. 200 Single Family and Mobilehome Rehab (CHIP)
(180 very low income, 20 low income)
65 Rental Rehabilitation
Obiective 6 - Transitional Housinq
Total Units: 20 Very Low-Income (New construction or rehab)
.
111-2
II. STATEMENTS OF PURPOSE
--..-
The following statements are meant to guide the decision-making process
in formulating and implementing the Comprehensive Housing Plan.
-- Together, they constitute the City's overall intentions in establishing
the integrated series of objectives, policies, and programs contained in
the following pages.
-
The City is convnitted to providing a comprehensive housing program for
its residents and will pursue reasonable means to accomplish the
following:
--
A. Fulfillment of the City's share of the Regi ona 1 need for affordab1 e
housing and progression towards the solution of problem areas
-,- described in the performance review and needs assessment (Part I and
2) .
B. The overall increase of the housing stock through provision of
-- decent housing in well-p1 anned neighborhoods for families and
individuals of all socioeconomic levels.
- C. The effective utilization of all financial options avail abl e to
promote decent, affordable housing production within the P1 anni ng
Area.
--
D. The development of "balanced convnunit i es" representing economi c and
social integration of neighborhoods, and the availability of housing
for all people regardless of their class, gender, age, race,
-- national origin or religion.
E. The provi s i on of quality residential and environmental amenities,
- such as open space, landscaping, parks, convenient shopping and
adequate parking for all communities.
---- F. The protection of residents' qual ity-of-l ife throughout the City
through the provision and maintenance of adequate public
improvements, facil ities, and services and expansion of this
infrastructure in a manner consistent with the Growth Management
-- Element of the General Plan.
G. Conservation and rehabil itation of existing housing stock, in order
-- to protect and preserve affordable housing opportunities that would
otherwise be lost.
H. Encouragement of private sector participation in the solution of
- local and regional housing issues, and in development of innovative
concepts for the provision of affordable housing.
_..- I. Coordination of local affordable housing efforts through cooperation
with the Federal Government, State of California, the County of San
Diego, SANDAG, and neighboring municipalities.
-
-
III -3
-,-
_._m·_."_..___ -------- -~--~---+----- ---- --------------.,------..- -,._..._.__._~_.+-"----
--
III. OBJECTIVES. POLICIES. AND PROGRAMS
The following section of the Comprehensive Housing Plan embodies policies
and programs to be implemented by the City in addressing identified needs
through the development, maintenance, and improvement of adequate and
suitab1 e housing opportunities for all economic segments of the
community, including achievement of the quantified assistance objections
for lower-income households. As a means to providing a concise and
comprehensive guide for addressment of housing conditions in the City,
the pol icy and program proposals have been organi zed around el even (11)
specific housing objectives. Each objective is clearly stated, followed
by the applicable statement(s) of policy, and a set of "implementing
actions" identifying program propos a 1 s complete wi th associated costs,
sources of fi nanc i ng, responsible agencies, and a recommended schedul e.
By associating objectives and responses in a straight-forward manner, a
clear and comprehensive direction is created.
OBJECTIVE 1
Achi evement of a balanced res ident i a 1 community through integration of
low and moderate- income housing throughout the City, and the adequate
d i spersa 1 of such housing to preclude establishment of spec ifi c
low-income enclaves.
Policy
l. The City shall encourage citizens, developers, and bu il ders to
· support the development of nei ghborhoods whi ch provide hous i ng for
people of all economic classes, races, and age groups.
2. The Affordable Housing Policy (AHP) shall require a minimum of 10%
of each housing development to be affordable to low and
moderate- income households, with at least one half of those units
(5% of project tot a 1 units) being designated for low-income
households. For developments of less than 50 units, the developer
may pay an in-lieu fee (to be established by the Council) in place
of providing the affordable units. The AHP shall be applied to all
new hous i ng developments except s i ng1 e-fami 1y, owner-buil t homes on
individual 10ts-of-record.
·
This pol icy should be periodically reevaluated to ensure that
requirements placed on projects to be built after the current 5-year
planning period wi 11 provide adequate affordab1 e housing
opportunities to meet the City's future housing needs. This shall
be undertaken in conjunction with performance reviews specified
under Objective 7, Section C.2.
3. AHP implementation guidelines shall be developed to achieve
flexibility and feasibility to meet this policy, and to maximize the
use of available resources from the City, non-profit developers, and
lenders. These Guidelines sha 11 also estab1 i sh a matrix of
· incentives to encourage developers to exceed the minimum
requirements by increasing the amount of low-income units provided
within the 10%, and/or in producing units affordable to households
II 1-4
in the "1 ower II range of both 1 ow- income and moderate-income
---- standards. The matrix of incentives shall be constructed to provide
greater incentives for greater affordability.
- In conjunction with the policy implementation, the City shall
evaluate the Land Use Element of the General Pl an to determi ne the
extent to which, in warranted cases, increases in density would
- facilitate the provision of affordable units. As appropri ate, the
City shall consider amendments to the Land Use Element.
4. The City shall i dent i fy 1 ocat ions in newly developing areas where
- siting opportunities for low and moderate income housing exist, and
establish controls whereby such housing can be provided. These
controls sha 11 include timely phasing of the affordabl e housing
-- component.
ImDlementinQ Actions
-- A. The Affordable Housing Program (AHP)
As a continuing program since 1981, the AHP is designed to guarantee
- the provision of affordable housing opportunities within residential
development projects of fifty (50) or more dwelling units. As such,
the requirements are primarily directed at the Eastern Chula Vista
-.-- master p 1 anned projects discussed in Part 2, although they al so
apply to Western Chula Vista. A "project" shall be considered as
the entire residential development proposal as set forth by the
associated development appl ication, whether or not the subdivision
-- of 1 and is i nvo 1 ved, or the uni ts are part of a mi xed-use project.
In the case of master planned communi ties, the "project" shall be
that development encompassed by the Spec i fi c Pl an, Preci se Pl an, or
-- General Development Plan/Sectional Planning Area Plan(s).
In order to guarantee provision of these units, the City requires
-- each developer to formul ate, review with staff, and have adopted a
specific program and agreement for the project which delineates how
and when the units will be provided, including intended subsidies,
income/rent restrictions, and methods to verify compliance.
- Formulation of project-level programs and agreements is handled in a
tiered fashion, starting at the General Development Plan (GDP)
stage, or similar level of review, and progress i ng in specificity
.- and detail through the planning process, with a final agreement
required prior to recordation of the final map or final project
approval where land subdivision is not applicable.
-- As documented in Part 1, under such agreements two master planned
projects produced 136 low-income and 139 moderate-income units,
incuding both for-sale and rental opportunities, during the last
-- planning period. Pursuant to additional master plan approvals in
conjunction with the AHP, a minimum of 358 1 ow- income and 345
moderate-income opportunities are anticipated during this planning
- period in conjunction with the minimum 5% low-income requirement.
Additional low-income units are contemplated through application of
incentives (refer also to Resource Inventory, Part 2).
--
111-5
--
--- ------- --- --.__...~"._"
The City proposes to work with developers to identify locations in
the newly devel opi ng eastern terri tori es for sit i ng these projects,
including establishment of a minimum number of units to be provided
at each site. Siting considerations will take into account
proximity to mass transportation routes, and the avail abil i ty of
incidental services such as shopping, medical, child care and
schools. Since these considerations may make it infeasible to site
a project within each development, those developments without sites
will still be required to contribute to the provision of this
housing through other means acceptable to the City.
Affordable Housina Proaram lmolementation Guidelines
While the AHP has, and will continue to produce low and moderate-income
housing, a set of "Imp 1 ementat i on Guidel i nes" need to be formul ated and
adopted for the Affordable Housing Program. The Implementation
Guidelines will facil itate the successful appl ication of incentives and
flexible approaches listed below in meeting requirements, maximizing
1 ow- income unit production, and ensuring an adequately ba 1 anced
community.
These guidelines will outline overall Program requirements throughout the
development review process, define City and developer roles and
responsibilities, establish low-income project siting, distribution, and
phasing standards, define minimum standards for affordable housing
· development agreements, establish allowable development incentives and
criteria for their application, and defi ne conditions under which
alternative methods of compliance may be considered, including an in-lieu
contribution program and trust fund.
The AHP implementation guidelines shall identify ways in which the City,
non-profit developers, and the pri vate sector can assist developers to
fulfi 11 thei r affordabl e hous ing requi rements. The developer should be
required to demonstrate the feasibility of providing affordable housing.
The City shoul d make a good faith effort to assist the developer to
address the cost of providing the affordable units. Whenever sufficient
· subsidies and resources are available, the City and developer shall
attempt to provide very low-income affordability.
The following mechanisms are offered to be used either singularly or in
combination as means of reducing the cost burden normally placed on the
developer, and in providing additional fl exi bil i ty for each project in
achieving compliance.
I. New Public/Private Partnerships
As the cost of 1 and development and housing production
continues to rise, developers are finding it even more
· difficult to produce affordable housing, especially for low and
very- low income households. In order to ass i st the provi s i on
of affordable housing in new projects for the longest time
possible, the following new publ ic/private partnership concept
is offered.
IlI-6
·
a. Joint Venture Partnership - In the joint venture, a
private and a non-profit developer join together so that
each may use speci a 1 development i ncent i ves whi ch nei ther
would have if they pursued a project separately. For
- example, they can implement a "layered financing" proposal
involving low-income housing tax credits and below market
rate financing through the non-profit entity. The private
- deve 1 oper coul d use these incent i ves to make construct ion
of the units financially feasible, and then turn the units
over to the non-profit for management responsibilities.
- In using the tax credits and other financing assistance,
specific affordability requirements and contract durations
are applied depending upon the methods and financial
-- entity used.
2. Development Incentives
- As a means of reduc i ng overa 11 development costs, a developer
may negotiate with the City early on in the planning process
for application of various incentives such as flexible
-- development standards and dens ity considerations. Such
fl exi bil i ty might allow for in-project transfers or cl ustering
of dens i ty to create affordable units, or other such means
-, including use of State Density Bonus provisions to produce
identifiable cost reductions associated with achieving the
affordable units. An important step in producing acceptable
incentives is development of guidelines to outline what types
-- of incentives may be considered, criteria for when and how to
apply them to specific developments, and a means to assess
their financial value in equity to the units provided.
-"
3. Alternative Methods
--.- In order to respond to the unique conditions of each
development, the City may consider methods other than actual
developer built in-project unit production as a means to
achieving affordable housing opportunity. These alternative
-- methods wi 11 be cons i dered only when the City has determi ned
that they wi 11 not be significantly detrimental to achieving
balanced residential communities. Consideration of Alternative
- - Methods shall be made according to the following order:
a. Land Set Asides - Where unit construction by the developer
is not feasible, consider the equitabl e donation of a
- building site within the project, or elsewhere in the City
as satisfying compliance. The City (or developer) could
then make these sites available to the County Housing
-- Authori ty or other non-profit entity to construct low or
very low-income units.
-,-- b. Off-Site Proiects - Consider developer construction,
either individually or in partnership, of an affordabl e
housing project at an off-site 1 ocat i on as long as the
--
III-7
------- --- ------ ~~ -----~-~
-~ - -- - --..,.".-,.-,...---.--".,,-.-.....-"-- ."..----".----.----.-----
project satisfies the original requirements placed on the
developer. Both new construction, rehabilitation, and
"at-risk" preservation projects will be considered.
c. In-Lieu Contributions - Where construction of units or
provi s i on of 1 and withi n the project has been duly proven
to be economically infeasible, then the City should
consider the acceptance of in-lieu contributions to be
placed in a trust fund and used to provide assistance to
other identified affordable housing efforts. The level of
contribution shall be evaluated to ensure its adequacy in
relation to achieving assistance opportunities
commensurate to the 1 eve 1 of the original project
requirement.
The AHP implementation guidelines shall identify creative ways in which
affordable housing projects can be successfully integrated into planned
communities, taking into consideration soc i a 1 factors, programmatic
constraints, and the amount of multi-family units in the project.
The AHP implementation guidelines shall also include phasing requirements
· which will ensure timely development of the affordable units in the
earl iest development phase possible. The guidelines sha 11 a 11 ow
consideration of the logical development of the units in terms of
facilities, the general development plan, financing, and merchant builder
involvement.
The AHP implementation guidelines sha 11 include specific methods to
maximize the duration of affordability restrictions on low-income rental
units produced under the Affordable Housing Program. The City shall
ensure the continued affordability of assisted 1 ow- income and
moderate-income for-sale units by recapturing a percentage of the
appreciation at the time of sale. These recaptured funds shall be used
· to fund an on-going affordable homeownership program. An assisted unit
is any unit so designated whose affordability has been created through a
subs i dy of public funds, special incentives, or other discretionary
considerations to the uni t or the project as a whole. State density
bonus units and Section 8 assistance carry their own duration
restrictions and therefore would be excluded from this definition.
cost/Sources of FinancinQ
Wh il e the Affordabl e Housing Program places responsibil ity for unit
production on the private sector, on a case-by-case basis the City
consider util izing the Redevelopment Housing Fund, or other fund i ng to
· assist provision of the units as necessary.
Staff time incurred in developing and reviewing projects' Affordable
Hous i ng Programs will be reimbursed through the exi st i ng depos i t account
system.
Staff time incurred in developing Affordable Housing Implementation
Guidelines, development incentives, and in-lieu contribution programs
will be supported by the General Fund and Redevelopment Housing Fund.
· III -8
ResDonsible AQencies
Planning Department
Community Development Department
-- Housing Advisory Committee
Schedule
-- The Affordable Housing Program Implementation Guidelines should be
completed by December 1992 and utilized in evaluating specific Affordable
Housing proposals.
-_..-
-'-
--
-,-
_m
-.--
-
---
--
--
--
-
-
-,
III-9
M~'_.___..___~._______,___________ ,. ,,_ ___________".......__._~._....__ ---,~.,,- -----.-- --' -,--
OBJECTIVE 2
The provi s i on of adequate rental hous i ng opportunit i es and ass i stance to
households with low and very low incomes, including those with special
needs such as the elderly, handicapped, single-headed households, and
1 arge famil i es.
Policy
1- The City supports and encourages usage of a broad spectrum of
approaches to produce 1 ower- income affordabil ity in rental housing
including:
- Util ization of avail able Federal, State, and County programs
and funding.
- Participation of non-profit development corporations either
· individually or in partnership with the private developers.
- Exploration of innovative and experimental housing concepts
which identifiably reduce costs in providing for lower-income
needs.
2. The City wi 11 place primary emphasis on efforts to assist
lower-income families, espec i ally 1 arge famil i es, and single headed
famil i es.
3. The City wi 11 continue to ut i 1 i ze avail able Block Grant and
Redeve 1 opment Hous i ng Funds to support and augment the provi s i on of
· lower-income affordable housing.
ImDlementinQ Actions
A. Facilitate the Use of Federal Funding as Available
The City will examine ways to directly secure and/or leverage
Federal funding, or encourage other agencies to do the same. These
Federal programs include, but are not limited to:
Section 8 Certificates and Vouchers - The HUD Section 8 program
continues to be in high demand in Chula Vista, with a 2-3 year
·
waiting 1 i st. The City will continue to encourage the County
Hous i ng Authority to apply for an add it i ona 1 number of cert i fi cates
and vouchers to be added to the current allocation.
Communitv Deve 1 oDment Block Grant ProQram - The City wi 11 continue
to receive CDBG ent it 1 ement funds. These monies can be used to
facilitate affordable housing production by the following methods:
1 and acqu is it ion for low-income housing, assistance to non-profit
development corporations, offsite infrastructure improvements, and
funding for housing assistance services.
· Familv Public HousinQ Funds - The City will encourage the County
Housing Authority to pursue ,State and Federal Housing funds for at
least 80 additional family units within the next five years. The
Community Development Department will directly assist in this effort.
II I -10
HUD 202 Senior Housing Funds - The City will encourage 1 oca 1
-..- non-profit development corporations to pursue HUD 202 senior housing
funds.
-- HOME Investment PartnershiDs Prooram
Created under the Cranston-Gonzalez Hous i ng Act of 1990, HOME is
designed to assist with new construction, substantial and moderate
-- rehabil i tat i on, and tenant-based ass i stance. The City may receive
up to $1. 5 mill ion during the first two years. HOME requires
matching State and/or local funds.
--,
B. Facilitate the Use of State Funding as Available
The City will examine ways to directly secure and/or leverage State
-- funding, or encourage other agenci es to do the same. These State
programs include, but are not limited to:
--.- ProDosition 84 and 77 Funds - Encourage developers to apply for
State Funds as primary sources of funding for new construction and
rehabilitation projects.
-- Mult i -Famil v Mortoaoe Revenue Bonds The City will the
- pursue
issuance of additional tax-exempt multi -family Mortgage Revenue
bonds when feas i b 1 e under State and Federal gui del i nes. Bonds can
-- be issued by the City, County or non-profit organizations for
multi-family housing. Federa 1 1 aw requires that bond issues
restrict at least 20% of tot a 1 available units for ten years to
---. households earning under 80% of the County median income.
Tax-exempt bonds can also be issued for the purpose of refinancing
un it s; this could be initiated for the existing County and City
bond-financed apartment units pri or to the expiration of the ten
year term of affordability.
Low-Income Housino Tax Credits - State and Federal tax credits are
-- avail abl e to both for-profit and non-profit hous i ng developers to
subsidize 1 ow- income hous i ng projects. The State allocates these
tax credits annually on a competitive basis. The tax credits can be
-- syndicated through the Cal ifornia Equ ity Fund. The City will
disseminate information to developers on how to apply for the tax
credits.
C. Non-profit Community Development Corporations (CDC)
One purpose of a Community Development Corporation (CDC) is to
-,- develop, rehabilitate, and hcil itate 1 ow- income housing.
Non-profits can directly obtain Local, State, and Federal assistance
for pre-development, construction, and permanent financing.
-... Increasingly, private lenders are looking to non-profits to fulfill
their Community Reinvestment Act obligations.
Local non-profits have begun to work together to form a Chula Vista
-- CDC. Once established, this CDC can become an active participant in
local housing programs. The CDC could initiate its own projects or
enter into joi nt ventures wi th the Redevelopment Agency or pri vate
III -11
--.-
- -- -------..--- -- - ------...- ----.------ - - ----.-.- ---------.-..---.-...--.----.,..- ---..---
_.___,_.._'._u·..m'.'.._..___. ------
developers. The CDC could enter into a cooperative relationship
with the City to operate housing programs, e.g., screening occupants
for low and moderate-income housing eligibility.
The City will support the establ i shment of the local CDC and seek
ways to work toward mutually beneficial housing goals. Whenever
reasonable and feasible, the City will assist non-profit developers
to create low-income housing opportunities.
D. Encourage and Support Federally Assisted Housing Projects
The City wi 11 promote avail abil ity of Federal Hous i ng funds tò the
1 oc a 1 development community, such as HUD Section 202 and
multi-family mortgage revenue bonds, and will provide staff
ass i stance to developers in appl i cat i on for those funds. The City
will also provide administrative support regarding necessary permits
and regulatory procedures for such projects.
E. Support a Shared Housing Program
The City has supported a Shared Housing program for several years
and wi 11 continue to fund this type of effort as long as it is
effective in creating affordable housing opportunities. The current
Shared Hous i ng program is operated by the South County Counc il on
Aging and facilitates approximately 80 matches a year between
households with extra room and individuals seeking low-cost
housing. Most matches involve senior citizens or disabled citizens.
F. County Housing Authority - Family Public Housing
Given the current need for 1 ow- income housing units and the
remaining 295 units of Article 34 referendum authority (granted by
voters in 1978), a minimum of 80 units of publ ic housing should be
built over the next planning period. According to the County
Housing Authority, HUD is encouraging the production of family
housing units, 3 bedrooms and larger, rather than senior units. To
avoid undue concentration of these units, publ ic housing projects
should genera 11 y involve no more than 20-25 units each, and be
· dispersed to sites throughout the City, as defined by the memorandum
of understanding between the County Housing Authority and the City.
The City will continue to aid the Housing Authority in site
selection and permit processing as necessary.
G. Density Bonus Program
The City's density bonus ordinances are under staff review in order
to bring them into compliance with new State law requirements. The
density bonus ordinance is an appropriate incentive to produce
lower-income affordable units and its use should be encouraged by
· the City where appropriate.
The new State law mandates that either 20% of the households in the
restricted rent category be at the low-income level (under 80% of
HUD Area Med i an) , or 10% of the households in the restricted rent
category be at the very 1 ow- income 1 eve 1 (under 50% of HUD Area
1II-12
·
Median). Rents for the 20% low-income must be set no higher than
30% of 60% of HUD Area Median Income, and rents for the 10% very
low-income at no more than 30% of 50% of HUD Area Median Income.
The affordabil ity time frame is reduced to a minimum of 10 years
-- (rather 25 years), unless the City offers an additional development
incentive, in which case the duration of the restriction could be
lengthened to 30 years.
Senior Dens ity Bonus projects remain unchanged and still must
reserve 100% of the total units for seniors who are 60 years of age
or older (or 55 years and up in senior developments of over 150
-..- units). Th is ord i nance wi 11 be revi ewed for its effect i veness and
compliance with applicable State laws.
H. Single-Room Occupancy Hotels (SRO)
The City will further investigate the need for SRO housing in
downtown Chula Vista and other act i vity centers. The growth in
n_ low-paying service sector jobs may require this type of housing to
be provided as an economical alternative. In addition, some
1 ow- income senior citizens may find an SRO unit to be the only
-- economical housing. If it is determined that this type of housing
is needed but is not adequately provided by the private sector, then
the City will consider options for encourag i ng such development,
such as those implemented by the City of San Diego.
-.--
Cost/Sources of Financinq
-- It is proposed that CDBG, redevelopment, or General Fund funds wi 11 be
used to assist Federal projects (202's etc.), Family Public housing, and
the Shared Hous i ng program. The Redevelopment Hous i ng Fund and General
Funds will be utilized for staff time necessary to review and implement
the density bonus ordinances.
In addition to other sources of funding the Community Development
- Corporation could be assisted with Redevelopment Housing funds for
specific projects and/or operating expenses.
-- Resoonsible Aqencies
Planning Department
-- Community Development Department
City Attorney
Schedule
--
The 22-unit Dorothy Street Public Family Housing Project began
construction in August 1991 and will be completed by June 1992. The City
-..... contri buted $70,000 of Redevelopment funds. The 75-unit Salvation Army
Silvercrest Senior Housing Project (Section 202) will begin construction
in February 1992 and be completed in January 1993. The City contributed
$275,000 of Redevelopment funds to offset development fees. The 28-unit
-- Civic Center Barrio Housing Corp. project at 1250 Third Avenue will break
ground in Apri 1 1992 and be completed by January 1993. This project is
financed by a City Redevelopment Loan ($350,000), Cal ifornia Rental
IIl-13
-~----~--- -- - - ----- .--.- -,......--.-.-.---..-- '" _.~-_. -..---,-...-.--- ---.---- - --...--.
__u___
Housing Construction Program ($1.4 million), and F edera 1 tax credits
($1.9 mill ion). The County Housing Authority purchased a I-acre site at
588 L Street to construct 16 family rental units. The City has
contributed $185,000 in Redevelopment funds and the Authority is applying
for additional State funding (CHAFA and RHCP). If financing is in place
by Summer 1992, construction could begin as early as Winter 1993. The
Hous i ng Authori ty has secured HUD fund i ng for an 18-unit large family
public housing project. Site selection will begin in Spring 1992.
The local Community Development Corporation has been establ ished with a
City CDBG grant of $48,000 to South Bay Communi ty Services. A staff
coordinator was hired in July 1991 and an advisory board was established
in September 1991. The CDC has begun predevelopment work on the
conservation of at-risk units and a transitional housing project. The
CDC has raised an additional $44,000 in other funding during the first
six months of operation.
The City anticipates adoption of a new density bonus ordinance in July
1992. The ordinance will include incentives to extend the duration of
affordability to 30 years.
·
·
· 111-14
OBJECTIVE 3
The broadening of available housing types and the increase of home
ownership opportunities for low and moderate-income households.
-,- Pol i cv
1. The City encourages the construction of projects offering a variety
of housing types including townhomes, condominiums, and other units
providing low and moderate-income ownership opportunities.
-- 2. The City shall endeavor to provi de ass i stance to low and moderate
income famil i es seeking homeownership, including exploration of
available Federal and State programs and funding.
-- 3. The City shall support and assist the development community in their
efforts to provide units for low and moderate-income ownership.
ImDlementinQ Actions
A. Home Ownership Opportunities through the Affordable Housing Program
-- Through its Affordable Housing Program, the City requires
lower-priced homes to be built throughout the community.
The City requires that each developer of for-sale projects over 50
units address the provision of affordable homeownership
opportunities. As a means to providing this housing, the City will
-"- assist the developer to explore creat i ve financing opportunities,
and to develop a Marketing Plan to target low and moderate-income
households.
B. Distribution of General Marketing Information
The City will endeavor to compile current information on home
-'.-- mortgage lending including Federal, State and local programs, and to
make this information available to the public. This information
should include the names and phone numbers of lending institutions
-" originating FHA, VA or other federally-guaranteed 1 oan s . All
developers should be encouraged to work with FHA direct endorsement
1 enders or be requi red to provide such i nformat i on to prospect i ve
home buyers.
C. First-Time Home Buyer Loan Programs
-- The City can assist low and moderate-income first-time homebuyers in
the following ways:
1. Ident i fyi ng a loan counseling program through a lender
participating in such programs as the General Electric First
Time Home Buyer Counseling Program;
- 2. Applying for a Mortgage Credit Certificate (MCC) allocation
from the State;
--
III-I5
-
-~---~---~_._--.-- ,.,..__.,,-,- '''',,- --,...--..,-....-...----...--..- -_.._--_..,...._~._--- .------..-- ---- ".,--..-."---,,- -------
_._~_.
3. Disseminating i nformat i on on the Cal ifornia Housing Finance
Agency (CHFA) first-time homebuyers assistance programs.
4. Investigating the establishment of a City-sponsored first-time
homebuyers assistance program for both new construction and
resa 1 e hous i ng. The City shall examine ways to leverage local
funding to enable the program to create as many homeownership
opportunities as is possible.
D. Community Reinvestment Home Loan Programs
The City can provide information and direction to prospective
homebuyers on loan programs with modified underwriting standards for
homes purchased in low-income census tracts.
E. Equity Share or Deferred Loan Proposal
The City will explore setting aside a portion of its Housing Fund,
or util izing in-lieu contributions collected under the Affordable
Housing Program, to assist families whose incomes are below 80% of
median, and who do not have enough cash reserves to reduce a
principal mortgage to an acceptable lending ratio. I n exchange for
this, an equity share participation at the time of resale, or a
deferred low interest loan option would allow the City not only to
recoup the loan but build the fund for future program activity.
F. Sweat-Equity Projects
Sweat-equity projects reduce the production costs for housing as the
homeowners prov i de some or all of the labor required to construct
the homes. The City will explore assisting a low-income
· sweat-equity project by participating in site selection and land
write-down. The City will ensure that such projects meet accepted
standards, and will investigate ways to promote better publ ic
understanding and acceptance of such projects.
G. Reverse Annuity Mortgage Program
The concept of this program is to help elderly homeowners gain
access to the considerable equity they may have in their homes.
Under this program, the Federal government guarantees the loans to
senior citizen homeowners which allows them to draw down a monthly
stipend. The senior can enjoy the additional monthly income (with
· no fear of eviction). The program has worked well in Northern
California cities but suffers from inadequate funding appropriations
from Congress. In the event new appropriations are available for
San Diego, Chula Vista will explore participating in the program.
H. Mortgage Credit Certificates
The City will investigate the feasibility of applying for a Mortgage
Credit Cert ifi cate (MCC) allocation for Chu 1 a Vista. The MCC
authorizes the holder to take certain Federal income tax credits.
Qua 1 ifi ed applicants may take an annua 1 credit against Federal
income taxes up to twenty percent (20%) of the annual interest paid
·
III-16
~".- on the applicant's mortgage. This value is taken into consideration
by the mortgage 1 ender in underwri t i ng the home loan, and may be
used to adjust the borrower's housing costs, thereby increasing the
applicant's ability to afford a mortgage payment.
--
I. Single Family Mortgage Revenue Bonds
The City will pursue the issuance of additional tax-exempt Mortgage
Revenue bonds when feasible under State and Federal guidelines.
Bonds can be issued by the City, County or non-profit organizations
for single-family housing. Federa 1 law requi res that bond issues
restrict at least 20% of tot a 1 avail abl e units for households
earning under 80% of the County median income for ten years.
Tax-exempt bonds can al so be issued for the purpose of refinancing
- , units; this could be initiated for the existing County and City
bond-financed apartment units prior to the expiration of the ten
year term of affordability.
--
J. Educational Programs for Homeowners
The City will encourage developers, lenders and soc i a 1 service
-- organizations to provide educat i ona 1 programs and materials for
homeowners and potent i a 1 homeowners on home maintenance,
improvement, and financial management. The purpose of the
-- educational programs will be to help, especially first-time
homeowners, understand the importance of ma i ntenance, equity, and
appreciation, and to budget properly to accompl ish such and avoid
-- losing their homes.
Cost/Source of FinancinQ
-- The Redevelopment Housing Fund wi 11 fund the staff time necessary to
research the potential app 1 i cabil ity of all of these recommendations.
In-l ieu contributions potentially collected under the Affordable Housing
- Program, and monies from loan repayments and equity shares coul d al so
provide funding for assistance.
ResDonsible AQencies
Community Development
-- Schedule
The City applied for Mortgage Certificates in July 1991 and received a $2
-- million allocation which will fund 104 certificates. The City initiated
the MCC program in September 1991 and issued the fi rst cert i fi cate in
December 1991. The City will apply for additional certificates in Spring
1992.
-,.-
The City, in conjunction with private developer(s), will set-up a
deferred loan/equity share program for low-income home purchasers in
- Spring 1992. The first development to util ize the loan program is
expected to be completed in Spring 1993. The program wi 11 be funded by
fees paid by the Developer.
-
III-17
--
---------- ._-_...,,--~--- ----
_ '.···m··'._"___" ___ __ _, ,...________.____ ----,-_.. ..-...,.----.---.-...-. - ----,. -----.- --, - --.,.--
The City plans to develop an i nformat i ona 1 program for first-time
homebuyers by Sunmer 1992. The i nformat i ona 1 program wi 11 include all
governmental and private resources.
The City will explore other financing mechanisms for home ownership
opportunities. such as sweat-equity and single family mortgage revenue
bond programs. but wi 11 only pursue such programs in conjunction with
requests from the development conmunity.
,
.
.
111-18
__ OBJECTIVE 4
Preservation of mobilehome park living as a source of affordable housing.
Policy
1. The City will evaluate programs related to mobilehome living and
__ support those which are needed to preserve affordabil ity.
ImDlementina Actions
-- A. Continue to provide grants to low-income famil ies to rehabil itate
their mobilehomes through the Mobile Home Rehabilitation Grant
Program (Trailer/Mobilehome CHIP Program).
B. Explore upgrading trailer parks to allow conversion to exclusive
mobil ehome park zones. Prepare a staff report reconmendi ng whi ch
_, trailer parks are the most viable for such conversions. Utilize
both Redevelopment Hous i ng Fund trail er loans and CDBG ent i tl ement
funds to upgrade infrastructure in these parks.
_,_ C. Monitor and enforce the City's Rent Arbitration Ordinance to protect
the rights of mobil ehome res i dents in preservi ng thi s affordabl e
housing alternative. To provide financial assistance to low-income
_, residents requesting arbitration through the Rent Arbitration
Assistance Fund.
D. Monitor and enforce the City's Mobilehome/Trailer Park Conversion
-, Ordinance to protect the rights of mobilehome residents.
In conjunct i on with ant i c i pated mobil ehome park closures, and the
__ City's redevelopment efforts, undertake a comprehensive study to
relocate or replace affordable housing opportunities at risk by such
actions. Consider the establ i shment of a pol icy and/or program for
replacement through acquisition and redevelopment of these sites
with affordable housing projects. Where underlying zoning is
commercial, consider the provision of affordable units as part of a
mixed-use development. Additionally, consider a condition of "first
right of refusal" to the City or non-profit on land acquisition
and/or a "first right of refusal" on the new units to existing park
residents.
E. Assist mobilehome park residents to purchase their parks and convert
to resident ownership by operating the City's Mobilehome Assistance
,_ Program and assisting with the appl ication for other funding sources
such as the State Mobilehome Assistance Program.
F. Promote participation by referring eligible residents to the San
Diego County Mobilehome Rent Assistance Program. The County program
assists by subsidizing space rent for low-income seniors.
__ G. Ident ify new programs in cooper at i on wi th the Western Mobil ehome
Park Owners Association to preserve the affordability of mobilehome
park residency.
III-19
_._.,.._---_._.__._._~--._._------ - --- -- ----------_...._--------._~-,._..__.._-^-- ---.----
- ----,"_.._-
- -,--,-,-----,._,. .._----~----_.._~---
Cost/Source of Financinq
Housing Fund
Redevelopment Fund
CDBG Fund
General Fund
WMA
Responsible Aaencies
Community Development Department
City Attorney
Planning Department
Building and Housing Department
Mobilehome Issues Committee
Schedule
The City anticipates an annual rehabil i tat i on budget of $700,000. In
addi t i on to s i ngl e family rehabil itat ion, thi s money will fund abount 40
grants a year to eligible mobil ehome households, on a first-come,
first-serve basis. The City/s Rent Arbitration and Park Conversion
ordinances have established procedures for monitoring and compliance.
The City has assigned a professional staff member to enforce these
· ordinances. The City anticipates closure of one 51-unit park in 1992 and
one 20-unit park in 1993. The staff report on upgradi ng trailer parks
will be completed by June 1993. "Resident ownership of parks" and
"replacement through acquisition" will be considered as these
opportunities are ident ifi ed by mobi 1 ehome residents, park owners, or
developers.
·
·
111- 20
·
OBJECTIVE 5
-",-
The systematic renewal, rehabilitation, conservation, and improvement of
the residential neighborhoods of the Chula Vista Planning Area.
----
Pol icy
-- 1. The City shall address the de vel opment of mechani sms designed to
prevent at-ri sk affordable units from conversion to market rate
rents.
-- 2. The City will continue to initiate pro-active programs for
neighborhood revi tali zat i on and improvement, and to supply support
fundi ng for these efforts, especially in neighborhoods with higher
- concentrations of lower-income households.
3. The City shall continue to advocate conservation measures to
---.- preserve existing housing stock, variety, and affordability.
ImDlementinQ Actions
-- A. Preserve At-Risk Affordable Housing Units
A.l HUD Section 236 Units
-- The City has 386 affordable housing units which are potentially
"at-risk" during the planning period because the property
owners have prepayment options in their mortgage contracts.
-- Since Congress passed the Emergency Low-Income Housing
Preservat i on Act in 1987 (ELlHPA) and the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 (LlHPRHA),
the likelihood of prepayment has been reduced.
Under both federal laws, the owner who is interested in the
prepayment opt i on can take advantage of the incentives that
both ELlHPA and LlHPRHA offer to provide a reasonable return
and yet maintain affordability.
Some property owners who feel frustrated by HUD may not want to
take advantage of the i ncent i ves offered to them under ELlHPA
and LlHPRHA. The law allows these owners to prepay if a
-"- qual ified owner does not come forward in fifteen months. The
City must be prepared to deal with owners who are determined to
sell in order to preserve these units.
The City has received Notice of Intent to Prepay from two
projects, with a possible loss of 86 affordabl e units. The
City shall involve itse-lf in the negot i at i on process that is
-, mandated under Ell PHA and LlHPRHA to ensure that every
opportunity to retain affordability is pursued.
- The following actions are proposed to respond to the "at-risk"
conditions in Chula Vista:
,---
III -21
--..-., --- -~ -- --- - -- - ------ -- - --- -------- -- ---- --'. '.._-%. ----_..,,_._._..~.,- -.-"---
--_.._..._._---~._--,.,
1- The City will revi ew its inventory of rental hous i ng and
determine which units have prepayment options and at what
date. The City will monitor the process of negotiations
and part i ci pate as necessary. The City will work to
prevent prepayment based on a unsuccessful escrow or a
finding of "not needed in the community".
2. The City will identify potent i a 1 buyers for "at risk"
projects and assist in finding financing for purchase.
The City will give assistance priority to non-profit
community development corporations who can demonstrate
capability and who will maintain long-term affordability.
Joint ventures between non - profit and for-profit
developers will also be considered. The City may consider
providing predevelopment funding to enable non-profits to
complete the initial steps in acquisition.
3. The City may form an ad-hoc committee comprised of
non - profit and for-profit developers, City staff, other
local government officials, and tenants of "at-risk" units
to develop a formal strategy for preservation.
A.2 Non-236 Units
As identified in Section II, the City has 142 non-HUD Section
236 units which are at-risk of converting to market rate
rentals. The fo 11 owi ng actions are proposed to respond to
these units:
1- The City will continue to pursue the poss i bil ity of
refinancing the bonds for Eucalyptus Grove Apartments so
that rental restrictions will continue.
· 2. As the current restri cted rents at Beacon Cove Apartments
are close to market rate, preserving these units does not
seem to be the best use of funds. Rent subsidies may be
considered, but the City has other urgent needs such as
preserving the HUD Section 236 units, continuing the
Agency's rehabil i tat ion program, and funding non-profits
who will provide units for very low-income households.
3. Since The Meadows was built with a senior density bonus,
conversion probably will not occur. The City will
continue to mon itor the project. If conversion is
requested, the City attempt to negot i ate continued rent
· restrictions.
B. Community Appearance/Neighborhood Improvement Program
The Building and Hous i ng Department wi 11 cont i nue to oversee
and implement this pro-active program of neighborhood
preservation and improvement. Initiated in March 1989, this
program targets specific neighborhoods exhibiting high volumes
of citizen complaints in which Code Enforcement Officers,
teaming with residents and designated "Block Captains",
· I II - 22
formulate c1ean-upjfix-up campaigns for the neighborhoods.
-- Announcement handbi 11 s specifically describing what residents
and homeowners can do to improve their property standards, and
what items Code Enforcement Officers will be inspecting,
-- including dates and times, are then distributed. Free trash
dumpsters are a1 so provided. Each property is subsequently
inspected by Code Enforcement Officers with specific
deficiencies highlighted and aesthetic recOlllllendations
-- identified. Notices are left with residents identifying
targeted clean-up dates, follow-up reinspections, and available
assistance.
--
C. Housing Inspection Program
-- The Building and Housing Department will continue to administer
this program directed toward the maintenance of health and
safety in multi -family rental housing. Under the program, a
Code Enforcement Officer is designated to systematically
- inspect all rental housing complexes and to issue reports on
conditions in violation of current Health and Safety Codes.
Where necessary work is fairly extensive, referrals to the
-. City's rehabil itat i on loan coordinator are made. This
pro-act i ve program pri ori t i zes inspections based on structure
age and condition, with all complexes showing advanced
,.--- deterioration receiving annual inspections and complexes newer
than 10 years being inspected every 2-3 years.
D. Abatement of Non-Conforming Uses and Removal of Dilapidated
Structures
The Building and Hous i ng Department wi 11 continue to monitor
-- adherence to minimum standards of habitabil ity and appearance
in targeted neighborhoods, and upon request. Nonconforming
uses and dil apidated structures will be removed from
residential areas. Nonconforming uses, if allowed to remain on
an i ndefi nite bas is, tend to encourage zoni ng vi 01 at ions and
ill-advised zoning amendments.
-- E. Rehabilitation Programs
1. Community Housing Improvement Program (CHIP)
-, program provides favorable loans 1 ow- income
The CHI P to
owners for rehabil itation of mobi1ehomes and trail ers,
owner-occupied homes, and rental units. In addition, the
City provides grants of up to $1,000 for minor repairs.
The City will maintain the same level of approximately 40
single-family and mobil e home rehabi 1 itat i on loans each
year. If additional funding becomes available through the
HOME Investment Partnership program, the City will
consider increasing the level of rehabilitation activity.
-
-
I II - 23
-,-
--'~--~--~------"-~ -"-"...__._----_._---~--~._-~--------_.._~----".._- ---..-,--"--..--
-- -- - """ ..-... --------..
2. Rental Rehabilitation
As the Federal government is expected to phase-out thi s
program within the next year, the City has a limited time
to make use of th is fund i ng. The new federal program,
HOME Investment Partnership, will provide a new source of
funding for rental rehabilitation but with different rules
and regul at ions. The City will coordinate an effort to
inform apartment owners who are cited for code violations
about the rental rehabil i tat i on program and ass i st those
who are interested in applying for funding.
F. Neighborbood Revitalization Program (NRP)
The City will cont i nue to implement and fund the NRP wh i ch was
developed in 1988 and targeted to the newly annexed Montgomery
Commun ity. The NRP is a comprehensive resident-participation
renewal-oriented program of housing and infrastructural
rehabilitation within select target areas whose phys i ca 1
condition is in need of special attention. The program seeks
to prioritize needs for housing and infrastructural
improvements such as paving, curbs, gutters, sidewalks, and
drainage facil ities, and to develop a schedule to coordinate
provision of improvements with available resources and the
City's Capi tal Improvement Program (CIP) schedule, and the
Housing Rehabilitation Program (CHIP).
G. Condominium Conversions
· The City shall continue to regulate residential condominium and
stock cooperative conversions in order to protect existing
tenants and promote the orderly growth and amenity of Chula
Vista. If such conversions adversely affect the availabil ity
of housing for low and moderate income households to an
appreciable extent, the City shall adopt remedial measures.
H. Educational programs for homeowners
The City will encourage lenders and social service
organizations to provide educational programs and materials for
existing homeowners on home maintenance and fi nanci al
· management. The purpose of the educational programs will be to
he 1 p exi st i ng homeowners to understand equity and appreci at i on
through maintaining their property in good condition and
appearance and to budget properly to avoid losing their home.
Cost/Source of Financinq
Redevelopment Housing Fund, CDBG ent itl ement funds, HUD Rental Rehab
Funds, State Rental Rehab Funds and General Funds.
Resoonsible Aqencies
· Community Development Department
Housing and Building Department
Planning Department
II I - 24
Schedule
-~
The City hired the non-profit California Housing Partnership as a
consultant in January 1991 and selected a local CDC to participate in
-~~ acquisition in September 1991. Staff met with owners of each of the four
projects in Summer 1991 and inspected the buildings to determine rehab
needed in the fi rst two projects. HUD is expected to promulgate final
-, regulations in April 1992. During the following 12 months, the City will
proceed wi th the best method of conservation or the owner(s) wi 11 elect
to maintain ownership. In Spring 1993, the same process may begin with
the second two projects.
-~
In 1991-92, the City allocated $34,000 of CDBG funds for the Neighborhood
Appearance Program and anticipates continuing the program as long as it
-~ is needed. The first phase of missing street improvements in Otay, under
the Neighborhood Revita 1 i zat ion Program, will begin construction in
Spring 1992. Additional phases will be funded and constructed each
year. The City has allocated $700,000 of Redevelopment housing funds for
-.-.- 1991-92 and anticipates that comparable allocations will be made in
subsequent years.
-~-
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-
--
III-25
-'--
-----
---------- --------- -- - . --------,-_._~ --, ,----- ---_._-_._.~-~ ---
OBJECTIVE 6
To provide housing assistance to individual s and famil ies who are
homeless and enable them to move back into permanent housing.
Policy
The City shall actively participate in regional and local efforts to
establ ish transitional housing and emergency shelter programs in the
South Bay, and will encourage the involvement of local non-profits.
lmolementina Actions
A. Participate in a Regional Approach to Address Homelessness
The City has identified the need for both transitional housing
programs, in which famil i es are housed for up to one year and
prov i ded wi th ass i stance to get back into permanent hous i ng, and
emergency shelter beds, in which families are allowed to stay for up
to 30 days. Any facilities sited within the City are likely to
serve the entire South Bay subregion.
With a regional plan and a commitment from all participating
jurisdictions and interested social serv i ce prov i ders, it will be
easier to site and develop transit i ona 1 and emergency housing
· programs. The groundwork has already been laid with a study on
homelessness in the South Bay conducted by the Regional Task Force
on the Homeless.
One obstacle to development of shelter programs outside the urban
core is community opposition, as residents fear the effect homeless
programs and people may have on their neighborhood. Regi ona 1
coordination in the establishment of transitional housing and
shelters can help overcome community opposition.
B. Facilitate Transitional Housing Programs
· Although reg i ona 1 cooperation is a logical approach, the City will
not depend solely on this strategy to address the homeless problem.
The City will consider providing financial and technical assistance
to any organization or consortium of organizations seeking to
establish programs to serve the homeless population. The City will
take other steps, as necessary, to fac il i tate these programs (such
as amendi ng zoni ng regul at ions to allow temporary church- sponsored
shelters).
Site control is of paramount importance for securing State and
Federal funding. The City will consider providing assistance in the
site selection and acquisition process, and this may include loans,
· land dedications, or land cost write-downs.
C. Identify Non-profit Providers to Operate Emergency Shelter Programs
Non-profit providers are hesitant to undertake emergency shelter and
transit ional housing programs because of the difficulty in securing
I II - 26
·
adequate ope rat i ona 1 funds. In add it i on to room and board, most
shelter programs provide some type of soci al services. Providers
rely heavily on pri vate donations and volunteers to fill funding
gaps. The City can directly assist shelter providers with CDBG or
Redevelopment Housing funds, and encourage them to apply for
avail abl e Federal and State Funding (McKinney, LS.P. etc.). If
needed, the City may also consider assistance from General Fund
revenues.
---
D. Support Existing Services for the Homeless
-- Four non-profit agencies distribute she 1 ter vouchers to needy
famil i es, which allows them to stay at the St. Vincent de Paul
Center or a designated local motel. One hotel provides free rooms
-- on a limited basis through the Hotel/Motel Partnership Program.
Duri ng the wi nter months, the Interfaith Shel ter Network provides
shelter for up to 12 people at local participating churches. The
City will cont i nue to encourage these efforts to provi de emergency
-"- shelters and will ut il i ze CDBG fund i ng, as appropri ate, to aid in
these efforts.
-- Cost/Source of Financina
Funding for acquisition and operation of shelters and transitional
housing are avail abl e from F edera 1 and State programs and private
-,- foundat ions. Staff time to facil itate a shelter project would be
supported by CDBG entitlement funds, or Redevelopment Housing Funds.
-- ResDonsible Aaencies
Community Development Department
-,- Non-profit social service providers
Schedule
- The process of establishing a shelter program will take approximately one
year after the funding is approved.
-..- The 1 oc a 1 F edera 1 Emergency Management Administration (FEMA) board has
pl aced a high priority on funding a shelter program in the South Bay; a
proposa 1 from Chula Vista will automatically receive extra points. The
---- City wi 11 support the appl i cat i on by aqua 1 ifi ed non -profi t organi zat i on
for a she lter in Chula Vista and will assist the organization in
se 1 ect i ng an appropri ate site. The Ci ty has represent at i on on the FEMA
board and the Regional Task Force on Homelessness.
--
-
-
-
III-27
u
_,.__~~~___._.__ '''"._._._.__________"_______ .··-'"___...0...._....--..----- -~-_.._--,._...-
--..-,----..----...-.- - -,---
OBJECTIVE 7
Ensure the successful implementation of housing policies and programs
through effective coordination, monitoring, and evaluation.
Policy
1- The City will develop standards of performance upon which all
affordable housing units will be measured, and will implement a
monitoring and evaluation program to ensure that builders and
beneficiaries meet program requirements.
2. The City shall annually review affordable housing efforts and make
necessary adjustments to meet quantified objectives.
3. The City sha 11 play an active role in the encouragement of
affordabl e hous i ng and will devote resources to ass i st developers,
non-profits, and other providers as necessary.
ImDlementina Actions
A. Review and revise affordable housing standards
Staff wi 11 review, revise, and establish affordable housing
standards and performance guidelines for the City's various
assistance programs.
Definitions will include:
1) Acceptable affordability income and rent ranges
2) Minimum duration of restrictions
3) Percentages of units to be set aside per unit mix and by total
project
Once the updated standards and performance guidelines have been
· completed, City staff will prepare a brochure explaining the various
requirements, terms and conditions of each affordable housing
program avail abl e. Staff will al so develop a flow chart which
delineates project processing and indicates when and how affordable
housing efforts are considered and by whom.
In addition, the City will initiate a proactive information campaign
to foster greater community awareness of affordable housing issues,
available assistance programs, and associated City efforts.
B. Implement an on-going monitoring and evaluation program
·
In order to improve methods of overseeing successful implementation
of Housing Element policies and programs, and provide for ongoing
evaluation crucial to ensuring achievement of goals and objectives,
the following actions are proposed:
1- The Community Development Department sha 11 establish and
maintain a standardized system of evaluation to ensure that
projects adhere to restrictions and that beneficiaries qual ify
I Il- 28
·
for affordable hous i ng programs. The initial formulation of
thi s system wi 11 include a compl iance study of existing units
under contract restrictions.
2. The Departments of Planning and Convnunity Development shall
establ i sh a monitoring and reporting system for evaluating
policy and program implementation and progress in achieving
_..-- quantified housing objectives. In accordance wi th reporting
requirements under AB 2248, and HUD's Comprehensive Housing
Assistance Strategy (CHAS) plans, an annual report of findings
and reconvnendations will be complied. This annual report shall
be reviewed by the Housing Advisory Convnittee, Pl anning
Commi ssion, and City Council for their direction regarding its
recommendations.
-
3. The City shall review the existing Housing Advisory Convnittee
(HAC) wi th intent to redefi ne and expand its role, functions,
and makeup to include oversight of the Housing Element's
implementation. In this expanded capacity the HAC would review
all affordabl e hous i ng proposals and forward reconvnendat i on to
the appropr; ate dec; s i on mak; ng body. They woul d al so provide
observations and input to staff on overall Element
implementation, and would be the body through which the annual
evaluation report is formulated.
4. The Departments of Planning and Community Development shall
establish procedures for notification on activities which
affect hous i ng, including early notification and referral on
residential project inquiries and applications to the
designated ombudsman in each Department, as outlined under
Objective 9(6), pg. 111-29.
C. Establish an Affordable Housing Quality of Life Threshold Standard
City staff will investigate the establishment of a threshold
-- standard for affordable housing efforts to be added to the existing
eleven (11 ) other standards, and annually reviewed by the Growth
Management Overs i ght Convni ttee (GMOC) . Said standard would define
minimum criteria for affordable housing efforts on an annual basis
in conjunction with the Housing El ements needs assessment and
Comprehensive Action Plan.
--
cost/Source of FinancinQ
Redevelopment Housing Funds, application fees, and limited General Funds
will support this monitoring and evaluation effort.
ResDonsible AQencies
-,"-
Community Development
Planning Department
Housing Advisory Committee
----
III - 29
'm____'___ ______ -- --
-- ~ ~ --- - - .. .-..,.----.-.,.-....-
..·,...._.__.._._....,__u_
-. --.-.'--
Schedule
The informational brochure wi 11 be made available to the public within
six months of the date the guidelines are adopted by City Council.
After adoption of this E1 ement in Harch 1992, the Housing Advisory
Committee expansion shall be analyzed, and the new roles and functions
formally adopted.
The first Housing E1 ement implementation progress review will be
conducted one year from the date the Housing Element Update 1991 is
adopted by the City Counc il . The approximate date for this review would
be Harch 1993.
The City's CHAS will be adopted in April 1992, after a 60 day pub1 ic
review period and public hearing. The CHAS shall include a priority list
of projects, anticipated costs, and potential sources of funding.
The GMOC will consider an Affordable Housing Quality of Life Threshold in
April 1992 with their recommendation to be forwarded to the City Council
in Hay 1992.
.
.
I ll- 30
OBJECTIVE 8
~_..-
The el imination of racial, age, rel igious, sexual and economi c bi as and
discrimination in housing provi sion, and the ensurance of fair lending
-- practices.
Policy
-- 1. The City will work to ensure the provision of fair housing practices
in the sale, rental, and advert is i ng of hous i ng uni ts and in the
lending practices of banks and thrifts.
_..~
2. The City will endeavor to create a working dialog with the lending
community, and to actively encourage their involvement in affordable
-- housing efforts.
ImDlementina Actions
A. Fair Housing Program
The City will continue to provide fair housing counsel ing services
and other referral activities which are designed to further the fair
housing requirements of Title VIII of the Civil Rights Act of 1968.
The City currently has a part-time Fair Housing Officer who responds
to any requests or complaints regarding fair housing practices
within the City.
B. Annual Fair Housing Assessment
In accordance with HUD requirements for the CDBG program, the City
will conduct an annual fair housing assessment to determine the
actual level of discrimination in rental housing, for sale hous i ng,
and 1 end i ng . This assessment shall al so incl ude a revi ew of the
Community Reinvestment activity of local lenders.
-- C. Affirmative Fair Marketing Plans
The City will require all developers of housing projects which
-- contain more than twenty (20) dwell ing units to prepare an
"Affirmative Fair Marketing Plan", which will be designed to attract
prospect i ve home buyers and/or tenants within the proposed market
area, regardless of gender, age, race, national origin or religion.
Cost/Source of Financina
-- CDBG
ResDonsible AQencies
--
Community Development Department
- Schedule
Ongoing
---
Ill-31
-.--
_..'M____.~ _._..___.,___~___, __ _____ ------- - ----, ..
_..__.___..____._._._..-n_..... ____.u.____
OBJECTIVE 9
Reduct i on and/or removal to the greatest extent possible of identified
constraints to the development, maintenance, and improvement of housing
within the Planning Area.
Pol icy
1- The City is committed to providing all feasible assistance to
project applicants to reduce the time and costs associated with
project review and approval.
2. The City will evaluate on an ongoing basis City policies and
programs related to housing and infrastructure provision as they
present potential constraints.
3. The City will continue to monitor finance and lending conditions and
to offer assistance to applicants in obtaining supp 1 ementa 1
financing.
Imolementina Actions
A. Expedite the Processing of Affordable Housing Projects
In order to reduce project costs associ ated with lengthy review,
staff will develop a policy and set of guidelines which:
1- Specify the type of projects which will receive priority
· processing
2. Establish procedures to evaluate projects to determine if they
meet affordable housing goals.
3. Establish specific procedures for "fast tracking." This may
include a central ized application process for all affordable
housing projects, and tailored review procedures to reduce time
and costs.
In addition, staff wi 11 create a flow chart delineating project
processing and indicating when and how affordable housing efforts
· are considered and by whom.
B. Designate an Affordable Housing Ombudsman
The "ombudsman" position would be responsible for coordinating all
affordable housing projects, and would oversee intradepartmental
coordination of all aspects of a projects process i ng and revi ew as
they relate to the Housing Element's objectives, policies, and
programs. It is intended that this person would assist applicants
in expediting projects.
C. Establish specific procedures for evaluating requests for subsidies
· involving fees, land write-downs, and other forms of City assistance.
llI-32
D. Encourage demonstration or experimental housing projects which
reduce building costs and increase affordabil ity. The City will
study and identify viable and acceptable methods for reducing
housing production costs and increasing affordability where such
methods will not jeopardize the goal for equal amenities in housing
for all incomes.
Eo Consider the impacts to affordable housing which may result from
- rezonings involved with the General Plan/Zoning Consistency Study.
F. Continue to encourage the use of flexible development standards
-- through the Pl anned Community (PC) Zone and Precise Plan (P)
Modifying District, where such are clearly identified with increased
availability of affordable housing.
-
G. Des i gnate staff and develop resources to assist developers in
avail ing themselves of alternative and supplemental financial
assistance.
-,
Cost/Source of Financinq
-- Staff time for development and implementation of the "fast-track"
processing will be provided by General Fund and Development fees.
- ResDonsible Aqency
Planning Department
Community Development Department
-
Schedule
-- Preparation of fast track procedures and an application process for
affordable housing projects will be undertaken by July 1992. Staff will
continue, on an ongoing basis, evaluation of City actions on housing as
-- they present potential constraints.
--
---
-
--
-
-
II I -33
-_.~----
~-- - ---- - ----- --- - -- ---- --" - d_._"
----- ----
OBJECTIVE 10
To encourage the development of new hous i ng, and the retrofitting of
existing housing, with features to address environmental issues such as
energy and water conservation and recycling.
Pol icy
The City will require new developments to comply with applicable Federal,
State, regional, and local policies and regulations regarding energy and
water conservation and air quality improvement.
ImDlementina Actions
A. Encourage energy and water conservation features and recycling
storage areas in new housing in conjunction with the City's existing
"Pol icy for the Conservation of Energy and Water within the City of
Chula Vista".
B. Continue to encourage the weatherization programs for low-income
households currently sponsored by the MAAC project.
C. Continue to require the installation of dual-piping systems in new
projects to accommodate the use of reclaimed water for landscaping
and other applications as feasible.
D. Continue to requi re the submi ss i on of a "water management pl an" and
"a i r quality improvement plan" for 1 arge development projects at the
Sectional Planning Area (SPA) Plan stage or similar level of review.
E. Title 24 Compliance Review - The Building and Housing Department
will continue to perform residential Title 24 energy analyses as
part of building plan check procedures.
costs/Sources of Financina
· There will be no direct cost to the City for encouraging water and energy
conservation and recycling. The City will explore the possibility of
providing CDBG funding for the retrofit of low and moderate-income
housing with water and energy conservation features.
ResDonsible Aaency
Building and Housing Department
Planning Department
Community Development Department
Schedule
·
Ongoing.
II I -34
·
OBJECTIVE 11
To fully address specific housing issues as they affect our community and
to enforce applicable laws and ordinances.
Policy
__ 1. The Ci ty wi 11 seek to ma i nta in an appropri ate balance of hous i ng to
jobs in order to provide adequate housing opportunities for
employees of local businesses.
__ 2. The City will require affordable housing construction and
replacement in the Coastal Zone in accordance with State law and
local ordinances.
ImDlementinQ Actions
A. The City will encourage a balance of housing to jobs
The City will investigate the 1 inkage between employment generation
to the increased demand for 1 ow- income hous i ng. As can be seen by
__ the needs assessment findings in Part 2 of this Element Update, the
most significant employment opportunities forecasted to be generated
within the next five years will be in the traditionally lower paying
__ service and retail sectors. In conjunction with this forecast, it
is proposed that the City's Economic Development Commission and
Housing Advisory Committee initiate a study and provide direction
towards addressment of jobs-housing balance.
If the housing demand is for non-family housing, the conversion and
rehabil itation of existing hotels to Single Room Occupancy Hotels
(SRO's), or the construction of new SRO's, for service sector
employees should be investigated. Some zoning and code requirements
may be amended in an effort to make these projects feas i bl e. The
City may establish requirements which restrict City lending or
assistance involvement to guaranteed affordability levels, and/or
first priority to local persons in need.
- B. Housing Linkage Fee
In conjunction with the above referenced study on jobs/housing
__ balance, the City will also investigate the establishment of a
housing linkage fee for commercial and industrial development,
and/or establishment of an affordable housing development impact fee
system. Shoul d such fee program( s) be developed, a trust fund for
,.." the monies would be established concurrently.
C. Protect Coastal Zone Housing
In accordance with the Affordable Housing Program, any housing
projects constructed within the Coastal Zone will be required to
__ provide at least 10% of the housing units to low and moderate income
households. The City will encourage those developers to investigate
all financial and development incentives currently available to
assist provision of the units.
II I -35
~---~-~-- - ---_..-..,.,--',,,,,,,,,- _.~~--~ -- ------".,
"---"..- -,_.~ -_._.._"~..,.,_.._.- .,,_...__..__..__._...,--.~--
- _u_"".._.."'__,,
Where conversion or demotion of housing units in the Coastal Zone
occupied by low or moderate-income households is proposed, such
activity will be undertaKen in accordance with State 1 aw and the
City's adopted Coastal Plan as follows:
1- Replacement of such housing will be required within the Coastal
Zone or, when infeasible, within three miles of the site of
conversion or demolition.
2. Where conversion or demolition of low and moderate-income units
is a result of a private action, the party taKing action will
be required to provide the replacement units.
3. Where conversion or demo 1 it i on is a result of City or
Redeve 1 opment Agency act i on, the City or Redevelopment Agency
will provide the replacement housing units under existing
Relocation Ordinances.
D. Provide Relocation Assistance As Required by Law
The provision of relocation assistance for famil ies forced to move
due to government i ntervent i on will continue to be enforced through
municipal ordinance and all applicable State and Federal guidelines.
cost/Source of Financinq
The staff time for research on the jobs/hous i ng balance, monitoring of
coasta 1 zone projects, provision of relocation assistance, and
enforcement of mobilehome ordinances will be supported by the
Redevelopment Housing Fund.
ResDonsible AQencies
· Community Development
Planning Department
Building and Housing Department
Schedule
Prior to December 1992, the matter of jobs/housing balance will be
brought before the City's Economic Development Commission for discussion.
·
·
III - 36
OBJECTIVE 12
To provide and maintain adequate public improvements, facil ities, and
services to support residential growth in a manner cons i stent wi th the
-,- Growth Management Element and Program.
Policy
1. The City shall cont i nue to plan, construct, and ma i nta inadequate
public improvements, hcil ities, and services in order to preserve
the quality of 1 He in existing neighborhoods and be able to
-- accommodate residential growth as it occurs.
2. The City shall continue to utilize a variety of financial resources
-_.~ and funding mechanisms to support infrastructure development.
ImDlementina ActiDns
A. 5-Year Capital Improvement Program - The City will continue to
implement the on-going CIP program. Current funding commitments
tot a 1 over $11 mill ion from a variety of funding sources and
--, includes two main sewer trunk upgrades, reconstruction and widening
of five major streets, and completion of a major drainage channel.
-- B. Neighborhood Revitalization Program - As part of the CIP, the City
has initiated a 20-year Neighborhood Revitalization Program. The
purpose of NRP is to promote hous i ng rehabil i tat i on and construct
all of the missing pub 1 i c improvements, neighborhood by
-- neighborhood, in the Montgomery area (which was annexed to the City
in 1986). The Otay neighborhood will benefit from the first
five-year phase of the NRP.
-'-
C. Public Facil it i es Financing Pl an s - The City will continue to
require public hcil ities financing plans for all master planned
communities and will support various financing mechanisms including
_"n development impact fees, assessment districts, reimbursement
agreements, and bonding.
-, D. Maintenance of Public Improvements and Facilities - The City Public
Works Department wi 11 continue to maintain public hcil ities and
improvements.
-
WPC 0145p
-,._-
,--""
-
III-37
---_._-~~ - ---------- - -- -----~~---- -----~
_._ ,,_..__~_._._._______ ,·,·__·_··,.~·.·._.'d_ .~__~_
G~e
SO .'E Ssn Diego Oss & Electric
WEATHER PERMITTING
.
- , --
i
/
PLEASE PARDON US
But it is necessary to interrupt your electric service in
order to make improvements to the system, Contents of
your refrigerator or freezer should not be affected if the
door is kept closed. However, service to a security syStem.
time clock, garage door opener, or com~uter will be af·
fected, Work will be completed as quic Iy as possibie.
SAFETY REDUIREMENTS:
If you plan to connect a generator during this outage, THE
STATE LAW REDUIRES that:
1) your electrical system must be isolated from SDG&E
BEFORE connection.
2) you must notify SDG&E of the location of the generator
by telephoning the number listed below.
Failure 10 do so is a misdemeanor and could endanger Ives.
SERVICE WILL BE OFF
FROM TO
. .
DAY OATE
REMARKS
6 hours duration
TO NOTIFY us ABOUT A GENERATOR HOOK UP PLEASE CALL
482-3344
I COMPANY REPRESENTATIVE I
tJ T. 'RT'pt"1dnri AiP
fORM 107-4212J (02'0481 aøo
û~~/~
-
COUNCIL AGENDA STATEMENT
Item J5
Meeting Date 01/03/92
Ib~1-~
ITEM TITLE: Resolution Calling and Giving Notice of the Holding of a Special
Municipal Election and Requesting the San Diego County Board of
Supervisors to Consolidate the Special Municipal Election to be held 9n
Tuesday, June 2, 1992, for the purpose of submitting to the Voters an
Advisory Question regarding the Bi-National Airport and a Charter
Amendment regarding Run-Off Elections, and Appropriating Funds
therefore.
SUBMITTED BY:~ Richard Rudolf, Assistant City Attorney and
~tf!everlY A. Authelet, City Clerk
(4/5th Vote: Yes...x... No-->
RECOMMENDATION: Adopt the Resolution calling a special municipal election,
requesting consolidation with the June 2, 1992 election, and appropriating $25,000 from the
unappropriated general fund to 100-0170-5202 account.
DISCUSSION: At the February 25th meeting, Council directed staff to amend the
Resolution and to bring it back for approval on March 3rd. Those changes have been made.
As amended, the proposed Charter change regarding runoff elections contains the following:
A. Changes the "plurality based" system to a "majority-or runoff" system.
B. The threshold triggering a runoff election is "less than a majority" of the votes
cast for the open seat.
C. Moves the general municipal election from November to June, and the runoff,
if necessary, will be conducted in November, and in either event, seating of the
successful councilperson will be done in December.
/5-1
.----"..----
Item /~-
Date: 03/03/92
D. Requires a runoff election for tie candidates in the general election but provides
that ties in a runoff are resolved by lot.
E. No changes will be made in the authority to conduct mail ballot elections, which
is currently precluded for CounciVMayor offices.
F. Can not be implemented for the November, 1992 general municipal election.
The next general municipal election to which it will apply will be the 1994.
G. Results in no extension of the length of a term in the event a runoff is required.
H. Does not address the issue of what happens if there is a death or with,drawal of
one or both ofthe two successful candidates between a June general election and
a November runoff election, despite the City Attorney's recommendation to the
contrary. The Council desired to deal with that clarification on the November
ballot rather than confuse this ballot measure with the issue.
r. Makes the technical amendment to delete obsolete language regarding term
extensions for Seats 1 through 4. In Section 900, the Council originally directed
this change be delayed until November because the Section otherwise did not
require amendment. However, because Section 900 now must be amended to
establish the June general election, the technical cleanup is included.
The following Calendar of Events for the June election is again being provided. It is important
to note that the deadline to submit items to the Registrar of Voters is March 6.
March 6 Registrar of Voters to receive resolution requesting
consolidation. If proposition is on ballot, text must be
included in the resolution. (E.C. 23302)
March 12 Publish argument deadline notice.
March 23 Last day to receive arguments (E.C. 5015)
Date for city attorney to prepare impartial analysis (E.C.
SOll)
15~2..
.__..___·__'~__'_·.m.'.·.
Item Á
Date: 03/03/92
April 3-22 Public examination period of election materials (E.C.
5025, 10013.5)
April 13-22 Ballots typeset, proofed, and printed
April 23 to May 23 Sample ballots mailed (E.C. 10010)
May 4 to 26 Absentee/Mail Ballot voting period (E.C. 1002)
May 4 Voter registration deadline
June 2 ELECTION DAY
Staff will prepare proposed arguments for the two ballot propositions to be signed by Council
or its authorized representatives and bring them forward for your review and approval on or
before your March 17, 1992 meeting in order to meet the March 23 deadline.
FISCAL IMPAcr: The Registrar of Voters estimates the election will cost $25,000.
Therefore, it is necessary that the funds be appropriated from the unappropriated reserve of
the general fund to Account No. 0100-0170-5202.
¡c;·3
.__...._---~_.,...~--" --..
J/ø 5~.s
RESOLUTION *****
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1992,
FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ADVISORY
QUESTION REGARDING THE BI-NATIONAL AIRPORT AND A CHARTER
AMENDMENT REGARDING RUN-OFF ELECTIONS, AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, under the provisions of the Chula Vista Charter, a Special
Municipal Election shall be held on June 2, 1992 for the purpose of submitting
to the voters an advi sory questi on regardi ng the Bi -Nati ona 1 Ai rport and a
Charter Amendment regarding run-off elections; and
WHEREAS, it is desirable that the Special Municipal Election be
consolidated with the Statewide Primary election to be held on the same date and
conducted in all respects as if there were only one election within the City with
the same precincts, polling places, and election officers, and that the San Diego
County Registrar of Voters canvass the returns of the Special Municipal Election;
and
WHEREAS, this is a Special Election, funds need to be appropriated to cover
the cost of said election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Chula Vista
Charter, there is called and ordered to be held in the City of Chula Vista on
Tuesday, June 2, 1992, a Special Municipal Election for the purpose of submitting
to the voters the following advisory question:
ADVISORY VOTE ONLY -- Do the citizens of Chula YES
Vista want a Bi-National Airport to be located
at the border between the United States and NO
Mexico on the Otay Mesa?
SECTION 2. That the proposed Charter Amendment to be submitted to
the voters is as follows:
/C.!S
____·u___·___·_____·_.___
Resolution No. *****
Page 2
Runoff Elections: Should the Charter be amended
to (1) advance the general municipal election YES
from November to June of even numbered years;
(2) require that, if no candidate secures a
majority of votes cast at such election, a
runoff election would be held at the November
statewide election between the two highest
candidates; and (3) establish that the NO
successful candidate, whether elected in June or
November, shall be seated the first Tuesday in
December
SECTION 3. Upon certification of the results of the election wherein
it is truly and properly certified that the aforementioned ballot label has
received an affirmative vote by a majority of votes cast, the following changes
to the Charter shall be deemed ordained by the People of the City of Chula Vista:
Sec. 300. Members. Eliqibilitv and Terms.
Ai' There shall be a City Council of five members,
consisfìng of four Council members and a Mayor, elected from the City
at large at the times and in the manner provided in this Charter.
ªK No person shall be eligible to hold office as members of
the City Council unl ess they are resi dents of the City of Chul a
Vista, and at the time of their election or appointment, qualified
electors of the City or of territory annexed thereto.
P¡ The term of each member of the City Council shall be for
!!J®ºmií1~m;¡¡gmjîM¡Ifour years and shall commence on the first Tuesday
fêlTè¡¡rii!leéffiffeatieR ef eleetieR resl:llts by the Re§istrar af
~~~~fSa~'~'~'~"'~~~I~~"I,~~r'~'P~II~I'~'i'i~la~~~ ~~~l~R~O~~~~~~
i.i.f.i._.Î._
............................................,.....,..,...........,....,..,..,..,..,..,........,..,..,..,......,....,..,..
Pi No person shall be eligible for nomination and election
to theóffice of City Council member or Mayor for more than two (2)
consecutive terms, and no person who has held a Council office for
a period of two (2) consecutive terms or the office of Mayor for two
(2) consecutive terms, may again seek nomination and election to
said offices of Councilor Mayor respectively until a period of one
(1) year from the termination of the second term for Councilmember
or Mayor has elapsed; provided, however, that any person who is
appointed by the Council to fill the office of Councilor Mayor or
elected in a special election for the balance of a regular term of
I~.~
."."..~ ----...--------".----
Resolution No. *****
Page 3
Mayor and/or Council for a period of two (2) years or less may seek
nomination and election for two (2) full terms thereafter.
,§~ .Each Council seat shall be numbered one (1) through four
(4) respectlVely. Persons seeking election to the City Council
shall at the time of filing nomination papers, select one of said
seats as the Council position for which they seek election.
§@ Persons runni ng for a Council offi ce shall designate one
of the"''two numbered Council seats as memori a 1 i zed by reso 1 uti on of
the Chul a Vi sta City Counci 1 on fil e in the offi ce of the City
Clerk. Shoul d a vacancy occur at any time in a Council seat or
seats, if said vacancy is to be filled by a special election as
provided in Section 303 of the Charter, candidates for said vacancy
shall similarly designate the appropriate numbered seat on their
nominating paper.
IS-í
~ ----- .-~-
Resolution No. *****
Page 4
II~it¡ililiiiiiiì1Iì¡}11{ti~iiiliijif.iiillll~!~iBii1!111~~1~~~111
Sec. 900. Genera 1 Muni ci va 1 El ecti ons.:i':rm:èîfflí§.
..,..,..........,...,
.......,..............
General municipal elections for the election of Council members
and for such purposes as the City Council may describe shall be held
in the City of Chul a Vi sta on the fi rst Tuesday after the fi rst
Monday in Nevember UnÖ! in each even numbered year. Said general
municipal election f'ð'F'the election of Mayor and such other purposes
shall be held on the first Tuesday after the first Monday in
Nevember ª~~~ of 1990, and every four years thereafter. The e~rreRt
terms fer't'êiiReil seats eRe aRE! tile shall Be e)(teRE!eE! ~Rtil NevemBer
ef 1999. The e~rreRt term fer Ce~Rci1 seats three aRB fe~r shall BC
exteRBeEl frem 1991 te 1992.
SECTION 4. That pursuant to the requirements of Section 23302 of the
Elections Code, the San Diego County Board of Supervisors is hereby requested to
consent and agree to the consolidation of a Special Municipal Election with the
Statewide Primary election to be held on the same date of Tuesday, June 2, 1992.
SECTION 5. That funds in the amount of $25.000 be appropri ated from
the unappropriated reserve of the general fund to Account No. 0100-0170-5202 to
cover the estimated cost of the election.
SECTION 6. That the San Diego County Registrar of Voters is
authorized to canvass the returns of the Special Municipal Election.
SECTION 7. That the City of Chula Vista recognizes that additional
costs will be incurred by the Country by reason of this consolidation and agrees
to reimburse the County for any costs.
SECTION 8. That the City Clerk is hereby directed to file a copy of
this resolution with the San Diego Country Board of Supervisors and Registrar of
Voters.
........'.'.'.'...'....'.'.'."."....'.".".'''.''.......,..,
"... ...,.., " ... ,
IÇ~¡
--", --------,_._-,--,-..
Resolution No. *****
Page 5
SECTION 10. That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
Presented by Approved as to form
Beverly A. Authelet Br~~~~'~
City Clerk City Attorney
. IS -tj /15"'/0
. -_._._---~-_._---~--_.._-,-
From the Office of the City Attorney
City of Chula vista
Memorandum
Date: March 3, 1992
From: Bruce M. Boogaard, city Attorney
To: Honorable Mayor and Councilmembers
cc: John Goss, Beverly Authelet
Re: June Ballot Measures
This is a supplemental report to Item 15 on tonight's agenda
designed to respond to some post agenda preparation questions and
with some other "matters" raised at the last meeting.
Ballot Label for Runoff Elections:
1- The Ballot Label proposed in the Agenda Report (80 words,
excluding numbers) reads as follows:
Runoff Elections: Should the Charter be amended to (1)
advance the general municipal election from November to June
of even numbered years; (2) require that, if no candidate
secures a majority of the votes cast at such June general
election, a runoff election would be required to be held at
the November statewide election between the two highest
candidates; and (3) establish that the successful candidate,
whether elected in June or November, shall be seated the first
Tuesday in December?
However, the Council may wish to consider some other alternative
language:
2. Alternative A (69 words)
This alternative clarifies the word advance; eliminates some
verbiage for the purpose of increasing readability:
Runoff Elections: Should the Charter be amended to ~
YR-aà¥aRee the general municipal election from November to
June of even numbered years; require that, if no candidate
secures a majority of the votes east! at sash J\iR6 at the
general election, a runoff election ~e~là be ~e~uiFeà ~e se
held at the in November B~a~e~iàe eleB~ieR between the two
highest candidates; and establish that the successful
candidate, whether elected in June or November, shall be
/5--/ /
--"-~--------~,.
seated the first Tuesday in December?
3. Alternative B (76 words)
This Alternative modifies Alternative A by clarify what is
meant by "majority" and expounds on the seating issue: that is,
the date of taking Office is not advanced bya June election (a
matter which is important to avoid the impression that there may be
a term shortening):
Runoff Elections: Should the Charter be amended to move
up the general municipal election from November to June of
even numbered years; require that, if no candidate secures a
majority (50% Dlus 1) of the votes at the general election, a
runoff election be held in November between the two highest
candidates; and establish that the successful candidate,
whether elected in June or November, shall assume Office De
seat.eà the first Tuesday in December (the date thev are
currentlv seated)?
d a ssue:
Councilmember Rindone queried as to what could be done to
address the "withdrawal issue" for this June's proposed amendment.
The "withdrawal issue" is as follows: At the June general
election, if no one candidate secures a majority of the votes, two
candidates will be eligible to compete in the November runoff.
What happens if one of them dies or withdraws from the race between
June and November?
Currently Subsection G, of Section 300 is proposed to be
worded as follows, and in the absence of addressing it, there would
substantial confusion as to whether the runoff election would be
required forcing the matter into the lap of the legal analogy.
...
G. Any person to be elected at a general municipal
election for any numbered Council seat 1 through 4 or the
office of Mayor for which nomination papers have been filed
shall be deemed elected upon receipt of (1) the highest number
of votes for the particular seat or the office of Mayor and
(2) a majority of the votes cast for the particular seat or
the Office of Mayor at the election If no candidate at such
general municipal election receives both the highest number of
votes and a majority of the votes cast, there shall be a
special runoff election, to be held on the same date as the
statewide election date in the November immediately following
the general municipal election (if no statewide election is
conducted, then on the first Tuesday after the first Monday of
November of each even-numbered year) , between the two
candidates receiving the highest and second highest number of
votes in the general municipal election for said seat or the
office of Mayor, in order to determine the winner. By way of
clarification, ties among the candidates receiving the two
/~J;2
,...... --,.._- -.-...-
highest number of votes at the general municipal election
shall be resolved by a special runoff election.
At the Council's insistence, we omitted from this proposed
Charter amendment the proposed method of dealing with the "with-
drawal issue". It appeared to me that the Council reached a con-
sensus, without vote, on the conclusion that the issue was too
complicated and would confuse the matter of the runoff if it was
made part of the same election.
Councilman Rindone, in his questions, has asked what language
could be proposed to address this issue at this time. This section
responds to this inquiry:
Various alternatives are available and tend, in the author's
mind to revolve around the following philosophical principals:
1. Should the remaining candidate have to go through the
runoff?
2. Are you concerned that one of the two remaining
candidates may be induced into withdrawing by special
interests? If so, you may wish to require the Runoff and
permit the third highest candidate to compete. You may
also wish to preclude the right of withdrawal, so that
the candidate knows that if they go through with the June
election, and they get the first or second place, there
name will be on the November ballot regardless of whether
they want it there of not, unless they die.
3. Should we permit an election to proceed if it may involve
the risk of electing a dead person?
Alternative 1: If you do not want to put the remaining
candidate through a runoff election: the runoff election is
cancelled; the remaining candidate is deemed elected without a
runoff upon death or withdrawal of competing candidate.
. .. By way of clarification, ties among the candidates
receiving the two highest number of votes at the general
municipal election shall be resolved by a special runoff
election. If one of the two candidates eliaible for the
sDecial runoff election dies or reaisters his withdrawal in
writina with the Citv Clerk Drior to the sDecial runoff
election. the remainina candidate shall be deemed elected as
of the date of such death or filina of withdrawal.
Alternative 2: If you are concerned that one of the two
successful general election candidates may improperly be induced to
withdraw, to avoid that risk, we should continue to have the runoff
between the remaining candidate and the next highest candidate at
the June election willing to participate in the runoff election.
. .. By way of clarification, ties among the candidates
/5- /]
_-.-._~-~,- -----". --.
r-....,.~.
It¡jIJi@t~~
(
receiving the two highest number of votes the general
municipal election shall be resolved by a special runoff
election. If one of the two candidates eligible for the
special runoff election dies or registers his withdrawal in
writing with the City Clerk prior to the special runoff
election, the remaiBiBg eaRàiàa~e shall ~e deemed eleated as
af ~fte àa~e sf sQeft àea~h er filiftg af vithàrawal the sDecial
runoff election shall be held between the remainina candidate
and the candidate receivina the next hiahest number of votes
at the aeneral election willina to DarticiDate in the sDecial
runoff election.
Alternative 3: If there was greater than a 15% spread between
the remaining candidate and the next highest willing candidate, the
runoff is cancelled and the remaining candidate is deemed elected
effective on the death or withdrawal; otherwise, the runoff
election is held between the remaining candidate and next highest
vote-getter at the June election willing to participate in the
runoff election.
. .. By way of clarification, ties among the candidates
receiving the two highest number of votes at the general
municipal election shall be resolved by a special runoff
election. If one of the two candidates eligible for the
special runoff election dies or registers his withdrawal in
writing with the City Clerk prior to the special runoff
election, the remaining candidate shall be deemed elected as
of the date of such death or withdrawal if the remainina
candidate secured areater than 15 Dercent more of the votes
cast at the aeneral election than the next hiahest aeneral
election candidate willina to DarticiDate in the sDecial
runoff election: otherwise. the sDecial runoff election shall
be held as scheduled and shall be held between the remainina
candidate and the candidate receivina the next hiahest number
of votes at the aeneral municiDal election who is willina to
DarticiDate in the sDecial runoff election.
Alternative 4. You may wish to permit the remaining candidate
to be declared a winner upon death, but not withdrawal.
. .. By way of clarification, ties among the candidates
receiving the two highest number of votes at the general
municipal election shall be resolved by a special runoff
election. If one of the two candidates eligible for the
special runoff election dies sr re~ia~era kia witkàraval ift
·..i'ri'tift~ wi~k ~ke ei'ty Clerlt prior to the special runoff
election, the remaining candidate shall be deemed elected as
of the date of such death sr filift~ sf witkàrawal.
Insufficient time precludes this Office from making a
recommendation, although I would much prefer that this issue be
dealt with now than in November.
)~)L!
--._---~-~-_.~--_.~-_..~..
ITEM 16
MEETING DATE 3-3-92
16. RESOLUTXON 16533 APPROVXNG AN APPROPRXATXON OF $14,168 TO
AMEND THE PXSCAL YEAR 91/92 BUDGET FOR
NORMAN PAlUt CENTER AND PUBLIC WORRS
OPERATIONS; UPGRADING A RECREATXON
SUPERVISOR :n: POSXTXON TO SENXOR
RECREATXON SUPERVISOR; ADDXNG A ONE-TENTH
PULL TXME EMPLOYEE RECREATION LEADER, AND
A ONE-HALl' TIME CUSTODIAN I
Staff had pulled this item from the Agenda.
...
/& ---I
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~
~
ORDINANCE NO. 2495
AN ORDINANCE OF THE CITY OF CHULA VISTA
CHANGING THE ZONE CLASSIFICATION FROM I-L-P TO
C-C-P FOR THE SOUTHERN 3 ACRES OF THE PALOMAR
TROLLEY CENTER PROJECT, AND MAKING FINDINGS TO
PERMIT APPLICATION OF THE lip" MODIFIER; AND
CHANGING THE ZONE CLASSIFICATION FOR ZONING
CONSISTENCY SUBAREA B-3-A FROM APARTMENT
RESIDENTIAL (R-3) TO APARTMENT RESIDENTIAL .I
WITH A P-MODIFIER, NOT MORE THAN 22 UNITS PER "x'·~
ACRE ("R-3-P-22"). )
,;
Palomar Trollev Center proiect Matters
Entire proiect Area
WHEREAS, the property which is the subject matter of a
commercial shopping center development referred to herein is a
rectangular area of land approximately eighteen and 2/10ths (18.2)
acres bounded on the north by Palomar Street on the east by
Broadway, on the west by the San Diego Trolley Palomar Street
station and on the south by San Diego Gas and Electric right-of-
way, and is diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A ("Entire
Project Area") and if attached, as the area outlined with such
designation; and,
.
Amendment Area
WHEREAS, the property which is the subject matter of an
application herein referenced for general plan amendment,
Montgomery Specific Plan Amendment, and change of zones is a
portion of the Entire Project Area consisting of approximately
three (3) acres in the southeast portion of the Entire proj ect
Area, diagrammatically presented in Figure 5-5 of the Final
Environmental Impact Report, Palomar Trolley Center, EIR 91-02
(FEIR), a copy of which is attached hereto as Exhibit A ("Amendment
Area") and if attached, as the area shown in cross-hatch thereon;
and,
proiect
WHEREAS, Pacific Scenes, Inc. ("PSI"), the entity which has
development control over most of the Entire Project Area has
proposed a plan for the construction of 198,200 gross square feet
of commercial shopping center improvements on the Entire Project
Area pursuant to a plan that is more fully described in the FEIR,
pal-zc2.wp Zone Change for Palomar and B-3-A
February 25, 1992 Page 1
/(,- e-,3
- -,._---~----,_....-._---_._. .--
section 3.0 ("Project Description"), page 3-1, which entire plan
for improvement shall herein be referred to as the "Project"; and,
Application for Entitlements
WHEREAS, in conjunction with a plan for the construction of a
198,200 gross square foot shopping center located on the Entire
Project Area, Pacific Scenes, Inc. (PSI) has filed an application
("Application") with the City for a General Plan Þ.mendment,
Montgomery Specific Plan Þ.mendment and change of zone from Light
Industrial with a P Modifier ("I-L-P") to Center Commercial with a
P Modifier ("C-C-P") for the Þ.mendment Area to allow for the use of
the Entire Project Area for a shopping center containing five major
anchor tenants and other retail facilities such as five building
pads, two of which will have drive-through capabilities for fast-
food restaurants, sidewalks and landscaping, all as more fully set
out in the proposed Palomar Trolley Center Semi-Exclusive
Negotiating Agreement ("SENA"), and that Application on file with
the Director of the Planning Department; and,
certifvinq Resolution
WHEREAS, the City Council did, by the adoption of Resolution
No. 16522 ("Certifying Resolution"), certify that the Final
Environmental Impact Report, as defined therein, was prepared in
accordance with the requirement of the California Environmental
Quality Act, and the guidelines lawfully promulgated thereunder;
and,
WHEREAS, the recitals and resolutions of the City Council
contained in said Certifying Resolution are incorporated herein as
if set forth in full hereat; and,
Findinqs
WHEREAS, an application for a City-initiated zone change was
completed by the Planning Department of the City of Chula Vista on
February 4, 1991, and
WHEREAS, the subject property is immediately surrounded by
commercially zoned property to the north and west, and by existing
commercial development to the east, and
WHEREAS, without the proposed zone change, a 3-acre island of
industrial land lacking street frontage would exist surrounded by
commercial development to the north, west and east, and
Palomar Trollev Center Pro;ect Public Hearinq
pal-zc2.wp Zone Change for Palomar and B-3-A
February 25, 1992 Page 2
't-~
..--.--'.'----.-.---
WHEREAS, a public hearing was held before the City Council on
PSI's Application for a General Plan Amendment, Montgomery Specific
Plan Amendment and Zone Change ("Public Hearing") on or about
February 25, 1992 regarding the Palomar Trolley Center;
æIER&r.~, 8ft Au~a~ 28, 1999, ~fte ci~} CauBe!! appr8veà
the CCRcral Fla8 hmeftàmeR~:~peeifie FlaB Afteßæmeat. aRå YCS8Re ~e
àesi~Ra~e ~hc 12.2 aare Palamar Trelley CaRter prejeet site fer
eemmereial ase 8ft t.he eeRàitieR 1:.881:. l'aeifie ~eel\e, IRe. (J?G:I)
a~ree t.e restrain it.self tram pursuing the 12.2 aere eeft'ter ~~ile
P~I and the Reàe7clapmeRt. ^geßey purs~e aft expaaàeà seRt.er
6asempaaaiR§ 18.2 aercs, aaå
WlIEREl.E, t.he Cit.y CeuReil desired ta c7alaat.e t.he
expanded prejeet t.e det.ermiRe if it. ~el:11à previàc a eemprefteRai~e
àe~ÐlepmeRt plaB fer the area anå te pre~iàc aààitieRal salsa tax
aRà 'tau iReremeRt. gSßerat.isR, aRå
mIEREA~, 3 af the £ aeree af the expanàeà projcet arc
Ðurreß't1y 2IEJßeà I L P aftel mHÐt. se re2l0ßcå to 0 C P t.e a11s"',A.·
àe~c1epmcftt af aft expaßàeà 18.2 aarc prejee~, aftà
mIEREr.S, ~àe ci~y Ce~fteil set. 'Efte 'Eime aReI p1aee fer a
fteariß~ 8R eaià BeRe eftaß~e and ßstiee af said heariß~, te~et.fter
·,,¡ità itø p~rpOÐe, vaø giveR S~f it.a plislieat.ieR iR a RetlSpaper af
~cßcral oiroulation iR ~àe city aRå it.s mai1iR~ t.a prepcrty eWRcro
tJ'ithiR 3ÐB feet. ef 'the e1C'teriar saliftàaricB af the. proper~}'" at least.
t.eR days prier t.a t.he heariRfJ, aßà
WHEREAS, the hearing was held at the time and place as
advertised, namely 6:00 p.m., February 25, 1992, in the Council
Chambers, 276 Fourth Avenue, before the city Council and said
hearing was thereafter closed; and
WHEREAS, the City Council certified that the Final
Environmental Impact Report (FEIR-9l-02) has been prepared in
compliance with CEQA and the Environmental Review Procedures of the
City of Chula vista and that the information contained in the FEIR
has been reviewed and considered.
Zone Consistencv Studv Area 3-B-A
WHEREAS, the City Council, by a public hearing held on or
about February 4, 1992 ("Public Hearing 91-5) at which it
determined that, by a consolidated general plan amendment, that an
approximate 5 acre, 21 parcel area bounded by E Street, D Street,
Third Avenue and Landis Avenue, all as more particularly identified
in Exhibit B, incorporated herein by reference ("Zone consistency
Study Area B-3-A"), should be replanned for General Plan purposes
pal-zc2.wp Zone Change for Palomar and B-3-A
February 25, 1992 Page 3
(,c,#!)
_,._'_____m_____________
-
from "Low-Medium Residential (3 to 6 dwelling units per acre)" to
"Medium-High Residential (11 to 18 dwelling units per acre)";
The city Council of the city of Chula Vista does ordain
as follows:
SECTION I: Supplemental Findings for Application of "P"
Modifier--Palomar Trollev center Pro;ect
As reaards the Amendment Area with the Entire Pro;ect Area of
the Palomar Trollev Center Pro;ect. pursuant to Zoning Ordinance
Section 19.56.041, the "POI modifying district is applied based on
the following:
1. The property or area to which the "p" modifying
district is applied is an area adjacent and
contiguous to a zone allowing different land uses,
and the development of a precise plan will allow
the area so designated to coexist between land
usages which might otherwise prove incompatible.
The SDG&E right-of-way to the south is zoned S94
and the surrounding commercial property to the
north, west and east is zoned with a "P" modifier.
The precise plan requirement for the subject 3
acres will ensure that the parcels are subject to
the same design review as the surrounding property
and that the project is compatible with the S94
zone to the south.
2. The area to which the "p" modifying district is
applied consists of two or more properties under
separate ownership wherein coordination regarding
access, on-site circulation, site planning,
building design and identification is necessary to
enhance the public convenience, health, safety and
general welfare.
The subject property and the surrounding property
to the north, west and east included within the
18.2-acre expanded Palomar Trolley Center project
are under 10 different ownerships. The Ifp"
modifier will require design review of future site
planes) to ensure conformance with the design
concept guideline booklet outlining the design
objectives for the 18-acre expanded project.
SECTION II. Guidelines--Palomar Trollev Center Pro;ect.
pal-zc2.wp Zone Change for Palomar and B-J-A
February 25, 1992 Page 4
J~ Co - (p
-~.-
The Precise Plan Guidelines to be attached to the property
shall include the following provision:
a. The City of Chula vista shall consider enforcement
of eftferee aft:;" appropriate legal mechanisms
sponsored by the Chula Vista Elementary School
District and the Sweetwater Union High School
District to mitigate impacts on school facilities~
if such is determined to be necessary based on the
results of a study the city may conduct similar in
nature and SCODe to the study conducted in
Fairfield. exceDt this studY will address the
imDacts of commercial and residential develoDment
on school facilities.
SECTION III I hrrI.ISA'PIOtl SF IIplt MODIFIER.
PursuaR't. 'te ~el\i}\1J OrEiiftaftee. £ee"tisR 19.56. Ð'( 1, tJu:: lip"
lIeàifyiß~ Bietriet is applied as par"t af the BaRe eaaftlJC tel
1. ERsure ~he 3 seres are sUBjee~ 'te ~he same àesilJR
re~iew as 'the surrs1:ißàiftlJ prapcrty tha't is eaReå
·...·ith aUI'II msàifier sliå that t.he prejeet is
eempatièlc ~ith the E94 BSRC 'ts the seuth, sAå
2. ERBUFC 'Ehat the 3 aeres sRå 51:irrs1:ißàiRIJ prepcrty
~Ràer àiffereRt e~ßerahip8 ~ill re~1:iire àeailJß
review af fature site plaRCs) te seßfarm with ,t.he
äceífJR eSl\eept. §\i.iàeliRe sse]tlet. 81:1t.liHiR'!J 'the
àeaìfJR esjeet.i-,;es fer 'Eke 18 sere e1!paRàeà Palamar
'Pralle} GaRter Prejeet.
EECTIOlI 11:.71 FULFILIlfEnT OF carTY COtRICIL DIRECTIon.
Thc BeRe is re~uireà ~e fülfil ~fte city GeuRsills diree~ieR
tha~ 'the PCS:I l1ursüe aft eupaßåcà 18.2 aere prejee'£ uhiah is Eleaircã
fer rcãcvelef)lBcftt ef t.hc I1repert.y as part. af a ea~reheßai ·.·ely
I1laßßeEl eammcreial ecft,£er ~~ieh viII impleæcß~ 'the Git.y1a
reãe~ela~lBeRt. plans fer t.his l1er~iaft af ~he CS:aüth~eÐ't prajeet. Area.
SECTION III. Zone Chanae--Palomar Trolley Center. Southern
Lots.
As reaards the Amendment Area of the Entire proiect Area of
the Palomar Trolley Center Proiect. the city Council does hereby
conditionally amend the Zonina MaD of the city of Chula Vista as
maintained bY the Director of Plannina of the City of Chula vista
to Drovide that the zone for the Amendment Area indicated thereon
shall be Center Commercial with a P Modifier. The conditions of
this amendment are as follows:
/
pal-zc2.wp Zone Change for Palomar and B-J-A
February 25, 1992 Page 5
l("t-7
_n.._.__ ___~___
a. "Pro;ect" as described in the EIR. shall. excect to
the extent herein modified. shall be imclemented bv the PSI.
or their successor in interest.
~ Environmental Imcact Mitiaation Measures
Imclemented.
All environmental imcact mitiaation measures ("EIMM") in
the nature and to the extent attached to the FEIR as Accendix
B shall be imclemented as soon as commerciallY cractical but
in no event later than 3 years after the adoction hereof.
unless extended bv Council resolution. excect for those EIMM
which. bv their terms. reauire imolementation and maintenance
over a lonaer oeriod ("Extended EIMM"). and in such event.
that such Extended EIMM be commenced as soon as cractical. and
diliaentlv. and with aood faith and best efforts. be
. imolemented to comoletion.
~ Develooment Under Owner particication Aareement
(OPA)
PSI shall. within three years from the date of adootion
hereof. reach an aareement as to the develocment of the Entire
Pro;ect Area with the Redevelooment Aaencv of the city of
Chula vista which aareement shall herein be referred to as an
"Owner particioation Aareement" or alternativelY ("OPA"). and
uoon aooroval. PSI shall oerform all covenants and oromises
therein contained reauired of PSI bv said OPA.
Uoon determination of the City made at a oublic hearina at which
PSI shall be aiven notice and oooortunitv to attend. that the
conditions of this amendment have not occurred. the Zone Chanae
herewith aranted shall automaticallY terminate and be of no further
force and effect. In such event. the zone desianations for the
Amendment Area. as herein made shall automaticallY terminate. and
such Amendment Area shall revert to the existina zone of Limited
Industrial with a P Modifier.
SECTION IV. Zone Chanae--Zone Consistency Study Area B-3-A
As reaards the Zone Consistency Study Area B-3-A. the city
Council does herebY conditionallY amend the Zonina Mao of the City
of Chula vista as maintained bv the Director of Plannina of the
city of Chula vista to orovide that the zone for the Zone
Consistency StudY Area B-3-A be chanaed from Aoartment Residential
("R-3") to Acartment Residential with a P Modifier. but not to
exceed 22 units oer acre ("R-3-P-22").
SECTION v: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
pal-zc2.wp Zone Change for Palomar and B-3-A
February 25, 1992 Page 6
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Presented by Approved as to form by
Robert A. Leiter, Director of Bruce M. Boogaard, City
Planning Attorney
pal-zc2.wp Zone Change for Palomar and B-3-A
February 25, 1992 Page 7
"C.-9
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COUNCIL AGENDA STATEMENT
Item J I
Meeting Date 3/3/92
ITEM TITlE: Report on the construction of drainage improvements north of
East Naples Street from Hilltop Drive to 767 feet east
SUBMITTED BY: Director of Public Works rJY
REVIEWED BY: City Manager 9 (4/5ths Vote: Yes___No-X-)
During the CIP budget review for FY 1991-92, the Ci ty Council requested a
status report for this project. The report was presented by the City Manager
on May 28, 1991. Subsequently, on August 9, 1991, the Mayor and staff met
with affected property owners. At that meeting, several of the conønun ity
residents requested a deta il ed construction alternatives study and cost
estimate. Th is report wi 11 present the result of this study in addition to
the result of a community survey conducted by the City staff to determine
community preferences.
REC0K4ENDATION: Accept the report wh i ch i ndi cates that staff wi 11 proceed
with Alternative No. 3 consisting of replacing the existing unimproved channel
with a concrete invert and stabilized grass side slopes.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project was first budgeted in the FY 1988-89 Capital Improvement. The
purpose of the project was to install a concrete channel which will eliminate
erosion and enhance flow characteristics, thus eliminating unsightly and
unhealthy ponds of stagnant water (mosquito breeders) as well as reducing
maintenance efforts and costs.
A contract was awarded to the firm of Robert Bein, William Frost and
Associates (RBF) on September 19, 1989 for the preparation of final
construction plans, specifications, and cost estimates. The 85% complete
plans, specifications, and cost estimates was submitted to Engineering staff
on July 6, 1990.
The project was scheduled to be advertised for bidding on August 11, 1990 with
construction to begin on October 8, 1990. This schedule was not met because a
letter dated July 9, 1990 was submitted to the City Council by a concerned
property owner, Mr. Joseph M. Byrne, challenging the negative declaration for
the project (IS-90-46).
A1", th, City"""" . "" '" A","'t 17, 1"0 f,", th~;f',""
Department of Fish and Game notifying the City that a Streambed teration
Agreement would have to be obtained from their department for this roject and
the memo also listed some deficiencies in the negative decla. tion. The
Department of Fish and Game recommended that a Mitigated Negatiye Declaration
be recirculated with the appropriate assessments, alternativ~and mitigation
measures provided in the document. The Department of Fis and Game also
indicated a preference for an earthen channel that woul~ provide wildl ife
habitat as well as provide flood measures, over the curr!lrit concrete channel
design. /
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Page 2, Item 11
Meeting Date 3/3/92
The Planning Department prepared a Mit i gated Negative Declaration,
incorporating the findings of a biological survey conducted in the project
area by Pacific Southwest Biological Services, Inc. The Mitigated Negative
Decl arat i on was ci rcul ated through the State cl eari ng house from April IS -
June 7, 1991.
Mr. Byrne on May 19, 1991 responded with an "opposition report" to the
Mitigated Negative Declaration.
The Department of Fish and Game has reviewed the Mitigated Negative
Declaration and we are now in a position to enter into a Streambed Alteration
Agreement once a decision is made on the design alternatives.
The City Counc il , during the CIP budget review for FY 1991-92, requested a
status report for this project. The report was presented by the City Manager
which addressed most of the issues earlier mentioned. Subsequently, the
Public Works Department set up a meeting with all the property owners affected
by this project.
On August S, 1991, the Mayor, Engineering and Planning staff and
representat i ves from the fi rm of RBF met with 22 property owners affected by
the project. At that meeting, the Mayor and severa 1 of the community
residents requested that staff and the consultant review and provide a
detailed cost estimate for the four alternatives discussed at the meeting.
Staff indicated at the meeting that, because of the City's fiscal constraints,
it can only recommend the minimum cost alternative which is acceptable to the
regulatory agencies having any jurisdiction over this area. Staff also
indicated that proceeding with an expensive solution would require a formation
of an assessment district which would assess the additional costs to those
property owners receiving benefit from the project.
The four alternatives evaluated by consultant and staff are as follows:
Alternative No. 1 - Replace the existing unimproved channel with a reinforced
concrete pipe. Estimated Cost: $426,000.
Alternative No. 2 - Redirect the East Naples Street drainage system to a new
condu it in Naples Street flowing westerly to Hilltop Drive. Regrade the
exi st i ng Napl es channel to convey rema i ni ng tri butary flows. Est i mated Cost:
$563,000.
Alternative No.3 - Replace the existing unimproved channel wi th a concrete
lined invert and grass side slopes. This alternative appears to be acceptable
to DFG. Estimated Cost: $306,000.
Alternative No. 4 - Improve the existing earth channe 1 with reinforced
concrete 1 i ned sect i on. Improvement plans were previously prepared for this
alternative. Estimated Cost: $334,000.
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Page 3, Item~
Meeting Date 3/3/92
On December 12, 1991, the Engineering Department sent a total of 26 letters to
all affected property owners. These letters summarized the four alternatives
eval uated. A statement was attached to each 1 etter to allow every property
owner to indicate his/her preferred alternative. Additionally, a copy of the
ent ire report was sent to Mr. and Mrs. Tumangan, Mr. Joseph Byrne and Ms.
Laura Verdugo, and interested property owners were asked to contact the Ci ty
or either of these people if they wanted to examine the report. The property
owners were requested to return their response to Engineering by January 10,
1992 and a no response would be considered as a selection of alternative no. 3
since it is the most economical alternative.
A total of II property owners have responded to our survey i ndi cat i ng thei r
preferred alternatives. Of the II property owners who responded:
One owner preferred Alternative No. I
No owner preferred Alternative No. 2
Seven owners preferred Alternative No. 3
Three owners preferred Alternative No.4
The response staff received from property owners indicates that the overall
communi ty interest in thi s project does not favor an assessment di stri ct and
favors Alternative No.3.
Engineering staff is recommending that the City proceed with Alternative No. 3
because: I) it is the preferred alternative by the majority of property
owners; 2) it is the most economical; and 3) it appears to be acceptable to
the Department of Fish and Game.
All property owners on the enclosed list have been notified of tonight's
meeting and have been sent a copy of the Council agenda statement.
FISCAL IMPACT: Adequate funds are available in the budgeted Capital
Improvement Project of drainage improvements north of East Naples Street from
Hilltop Drive to 767 feet east. Additional funds are required for consultant
fees to pay for the proposed design modification.
SA:/AR-028
WPC S887E/Alex
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ADDRESSES
1077 Guatay Avenue
Chula Vista, CA 91911
1081 Guatay Avenue
Chula vista, CA 91911
1083 Guatay Avenue
Chula vista, CA 91911
P.O. Box 1014
Chula Vista, CA 91912
.
P. o. Box 5227
Chula Vista, CA 91912
1091 Hilltop Drive - y
Chula Vista, CA 91911
5324 W. 121 Street
Hawthorne, CA 90250
1061 Guatay Avenue
Chula vista, CA 91911
1063 Guatay Avenue
Chula Vista, CA 91911
.
1065 Guatay Avenue
Chula Vista, CA 91911
1067 Guatay Avenue
Chula vista, CA 91911
261 Rancho Court #B
Chula Vista, CA 91911
\l-~
--.-..._-
-2-
1073 Guatay Avenue
Chu1a Vista, CA 91911
71 East Naples street
Chu1a Vista, CA 91911
19 East Naples street
Chu1a Vista, CA 91911
934 Nolan Way ..
Chu1a Vista, CA 91911
29 East Naples street
Chu1a Vista, CA 91911
35 East Naples street
Chu1a Vista, CA 91911
- . ....-..
39 East Naples street
Chu1a vista, CA 91911
45 East Naples street
Chu1a Vista, CA 91911
51 East Naples street
Chu1a Vista, CA 91911
9 East Naples street lJllìila
Chu1a Vista, CA 91911
15 East Naples street
Chu1a Vista, CA 91911
. -- Il
65 East Naples street
Chu1a Vista, CA 91911
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-3-
61 East Naples street
Chula Vista, CA 91911
J . . .
1971 Skybrook Place
Chula vista, CA 91913
(SA1\ADDRESS)
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r ALTERNATIVE EvALUATION AND COST ESTIMATE
l
r NAPLES STREET CHANNEL Octobts 11, 1991'
I
l Revised October 28,1991'
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~ Pnopored for:
The City of Chula Vista
[ Pnopored by:
Roben Bein, William Frost & Associates
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L Cost &timate and Alternatives Analysis
. for
L Naples Street Channel
Introduction
[
Robert Bein, William Frost & Associates, as a consultant to the Oty of Chula Vista, has
I prepared this report of findings and recommendations concerning future improvements to
the Naples Street Channel east of Hilltop Drive. The objective of this study is to examine
alternatives to a concrete-lined trapezoidal channel which may better address concerns of
I the community and California Department of Fish and Game.
I Back~ound
I The Naples Street Channel within the Oty of Chula Vista is one of the principal tributaries
within the Judson drainage basin. The subject portion of the Naples Street Channel begins
at Hilltop Drive and continues 950 ft. easterly to the confluence with the East Naples Street
, drainage system. The existing channel is unimproved and exhibits heavy growth of shrubs,
I grasses and small trees. Several encroachments exist along the generally rectilinear channel
alignment in the fonn of fences and walls constructed of various materials. The average top
I width of the existing channel is 15' with 2.5:1 (or flatter) side slopes, a 4' base, and an
average invert slope of 2.4%. The channel discharges to an existing 60" reinforced concrete
pipe about 115 ft. easterly of the centerline of Hilltop Drive.
I The channel has a history of maintenance problems stemming primarily from standing water
at lateral tributaries. Property owners abutting the channel indicate that mosquito and
· I vector control are of primary concern. A scour hole forms where the East Naples Street
drainage system discharges to the channel near the upstream limit of the project. Poor
quality urban runoff accumulates in this area resulting in the aforementioned mosquito and
I vector problems and an unpleasant odor. Some property owners are also concerned about
security; construction of an open channel may facilitate access to the rear of adjacent
properties thereby increasing the likelihood of vandalism.
I The channel generally provides 50 year flood protection to adjacent properties throughout
the project reach (with the exception of those located near Hilltop Drive) and may
I reasonably be assumed to afford 100 year flood protection as well. The channel is not
stable during peak flows and evidence of bank erosion and sloughing can be found along
· the existing alignment. Residences in the vicinity of the inlet to the existing 60" RCP at
I Hilltop Drive (Hilltop Storm Drain) do not receive 50 year flood protection. The Oty's
stonn drain master plan entitled A Special Study of Storm Drainage Facilities by Lawrence,
Fogg, Florer and Smith, dated June 1964, indicates a 50 year discharge for the Naples
I Channel at Hilltop Drive of 407 cfs. The capacity of the Hilltop Storm Drain inlet to the
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I Naples Channel is about 210 cfs; discharge in excess of the inlet capacity ponds and flows
through the storm drain easement westerly to Hilltop Drive. Residences adjacent to the
l. storm drain easement are inundated under these conditions.
l JIllprovement Alternatives
Four alternatives for improvement of the channel have been selected by the aty for further
L consideration. This study will evaluate, on a preliminary basis, the construction cost of each
alternative and discuss the viability of each case with reference to flood control,
maintenance, regulatory constraints and public support. A general discussion will also be
L provided regarding financing alternatives available to the aty for chAnnel improvement.
The four alternatives to be evaluated are as follows:
I · Alternative No. ~ - Replace the existing unimproved channel with a Reinforced Concrete
Pipe (RCP).
I · Alternapye No.2 - Redirect the East Naples Street drainage system to a new conduit in
Naples Street flowing westerly to Hilltop Drive. Regrade the existing Naples Channel to
I convey remaining tributary flows.
· Alternative No.3 - Replace the existing unimproved channel with a concrete lined invert
I and grass side slopes.
· Alternative No.4· Improve the existing earth channel with reinforced concrete lined
I section. Improvement plans were previously prepared for this alternative.
The best alternative wilI meet the stated objectives for the least cost. The objectives of the
I improvement project include:
· Provide 10 and 50 year flood protection per aty of Chula Vista criteria for a lateral
I drainage course.
· Exhibit reasonably low maintenance cost.
I · Eliminate vector, mosquito and odor problems.
I · Satisfy State Department of Fish and Game regulations.
The alternatives listed above were developed in response to feedback from the community
I and the State Department of Fish and Game (DFG) in attempt to address the concerns of
both parties. The currently proposed project, a concrete lined trapezoidal channel
I (Alternative No.4), would require extensive offsite mitigation to meet DFG requirements
and was not received enthusiasticalIy by local residents for aesthetic reasons.
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I' The City Council of the City of Chula Vista recognizes that the channel is unstable and a
health and fire hazard. The Council has directed the City staff to complete a design for
I improvement of the subject channel reach. One of the alternaûves described in this study
may be recommended by the City staff for final design. The primary City Council criteria
for flood control projects of this type are contained in the following excerpt from Resoluûon
L No. 4786:
·...establish the responsibility and criteria for the design and construction of
L storm drainage faciliûes...:
1. Protection of life and prôperty of citizens;
I 2. Protection of City -owned improvements and faciliûes;
3. Protection of vehicular and pedestrian traffic from damage, hazards and
unusual delays;
I 4. Elimination of unsightly and unsanitary ditches and ponds;
5. Reduction of maintenance costs of drainage facilities;
6. Availability and applicability of a variety of means of financing said
[ drainage facilities."
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t Alternative No. 1
L Description
[ Alternative No. 1 consists of replacing the existing unimproved natural channel with a 72"
Reinforced Concrete Pipe (RCP). The existing channel area will be b9ckfilled to the grade
[ of adjacent properties. A special overflow structure would be required where the proposed
72" RCP joins the existing 60" Hilltop Drive storm drain. Discharge in excess of the capacity
of the Hilltop storm drain would be allowed to exit to the surface at this location and flow
[ to the sump on Hilltop Drive. A paved maintenance road that would also act as an
overflow channel is recommended from the overflow structure to Hilltop Drive. A 15 ft.
wide section with 1.5 ft. high curbs is sufficient to carry the difference in discharge between
L the estimated 50 year flow and the capacity of the Hilltop Drive storm drain.
Table "A" presents an itemized cost estimate for this alternative. Total estimated
I construction cost is $426,000. Mitigation for lost wetland habitat is assumed to be required.
The DFG usualIy requires a two-to-one replacement ratio for lost habitat area. The
proposed rilitigation would take place offsite on land owned by the City. The cost of offsite
[ mitigation is estimated by the City to be $53,000/acre.
Cost savings may be realized by using spiral rib pipe in lieu of reinforced concrete pipe for
I this instalIation. Spiral Rib Pipe (SRP) generalIy costs from 20 to 30 percent less than
comparable RCP for large diameter instalIations. Additional soil testing would be necessary
to determine if soil resistivity is within the range that is considered acceptable for steel pipe.
r Cost savings using SRP for this alternative could potentially be as high as $50,000 compared
to RCP.
[: .Level of Flood Protection
1: Alternative No. 1 will provide 50 year flood protection for the project reach to Hilltop
Drive. The proposed overflow structure will discharge excess flows to the sump at Hilltop
drive; there is no secondary outlet from the low-point in the street and flooding would
I persist at this location until the downstream storm drain at Hilltop Drive is improved.
.
[ Pennit Constraints
f- A Streamed Alteration Agreement would be required from the DFG. Since all habitat area
within the channel would be removed, offsite mitigation at a two-to-one ratio for about 0.4
acres would be required. The streamed alteration agreement would require about 8 weeks
I to process.
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t Construction Timin&
L Manufacturing of RCP has a lead time of about 12 weeks F.O.B. job site. Construction
could be completed in another 6 weeks. Manufacturing of SRP has a lead time of 4 to 6
weeks with a slightly shorter construction time.
l
Maintenance
[ The system would be relatively maintenance free, similar to other closed conduit storm drain
[ systems in the City. Ponded water and vector control problems would be c-liminated.
[ Public Acceptance
This alternative may receive the greatest public acceptance. It solves mosquito and vector
! control problems and maintains a "secure" area for the property owners by not constructing
an attractive nuisance and providing a locked gate. The property owners do not view the
, existing crèek as an amenity; consequently, any open channel solution will not receive full
I public support. The cost estimate for Alternative No. I contains a provision for a security
gate at the access road. The security gate would be of heavier construction than standard
chain link swing gates to reduce property owner anxiety over unauthorized entry to the
I channel area.
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! Construction Cost Estimate
L Prepared by
Robert Bein, William Frost and Associates
Table A
L
[ engineer: SMT IN: 500095 Project: Naples Street Channel
Date: 10/14/91 Description: _
[ Unit Total
ITEM Quantitv Unit Price Cost
I. 1 36" RCP 41 If $105 $4,305
2 48" RCP 45 If $144 $6,480
3 66" RCP 75 If $198 $14,850
I 4 72' RCP 741 If $216 $160,056
5 Storm Drain Clean out Type A 1 ea $3,500 $3,500
I 6 Reinforced Concrete Collar 1 ea $1,500 $1,500
7 6" A.B. Maintenance Rd. 650 ton $20 $13,000
8 Security Drive Gate 1 ea $3,000 $3,000
I. 9 Concrete Drive/Overflow Section 73 cy $300 $21,900
10 Overflow/Junction Structure 1 ea $4,500 $4,500
11 Fill 2950 cy $6 $17,700
I: 12 Cut 2300 If $6 $13,800
13 Pipe to Pipe Transition 1 ea $5,000 $5,000
r 14 Pipe to Channel Transition 10 cy $400 $4,000
15 Riprap 242 ton $50 $12,100
16 Remove Headwall 10 cy $400 $4,000
L 17 Clear and Grub 1 acre $5,000 $5,000
18 Protect/Restore Exist. Impmts. 1 Is $5,000 $5,000
19 Remove Exist. Transition 23 cy $400 $9,200
[ 20 Habitat Mitigation 0.8 acre $53,000 $42,400
21 Mobilization 1 Is $4,000 $4,000 .
[ Construction Subtotal $355,291
Contingency @ 10% $35,529
r Engineering @10% $35,529
Total Estimated Cost $426.000
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I Alternative No. n .
1- Description
Work proposed under this alternative includes construction of a new stonn drain in Naples
l. Street from the East Naples drainage system (see Figure 1) to the outfall of the existing
Hilltop Stonn drain on Naples Street, west of Tobias Drive (about 1,700 feet). The existing
Naples Channel would be regraded and cleared to accept flow from the upstream portion
L of the Judson Basin. About 290 cfs (50 year discharge) would be diverted to the new system
in Naples Ave leaving about 125 cfs (50 year discharge) in the Naples Channel. Flow depths
would be reduced throughout the project reach in the Naples Ch..nnel and urban runoff
r would be significantly reduced.
! An optional construction item for this alternative is to construct a IS" RCP pipe below the
grade of the existing Naples Channel to discharge urban runoff ("low flows") through the
project reach. The low flow pipe would eliminate any remaining ponded water in localized
I areas and the associated vector and mosquito control problems.
The total tonstruction cost for Alternative No. 2 shown in Table B is 5505,000; with the
I construction of the optional low flow pipe, the total construction cost is estimated to be
5563,000. Potential cost savings may be realized by using SRP rather than RCP for conduit
construction. Cost savings using SRP may approach 540,000.
.
I Level of Flood Protection
I The level of flood protection afforded by Alternative No.2 is the greatest of any of the
options explored in this study. The redirection of the flow from the East Naples drainage
(' system to the outfall of the Hilltop Drive stonn drain reduces the flow entering the Hilltop
Drive storm drain inlet from the Naples channel by 70%. Residences throughout the project
· reach will benefit from 50 year flood protection, including the properties located near the
I low-point of Hilltop Drive; this portion of Hilltop Drive currently experiences chronic
flooding and is the most severe current flood problem in the local area. Installation of the
bypass conduit to the outfall of the Hilltop Drive storm drain will tend to increase the
!' delivery capacity of the system to this point. Further study is required to assess the impact
of potentially increased flows on existing downstream facilities.
I Permit Constraints
· ! A Streamed Alteration Agreement should not be required from the DFG for this
alternative. Sufficient tributary area will remain to the Naples Channel to sustain the
I current habitat area. Negotiation with the DFG may be required during the regrading and
clearing phase of the Naples Channel improvement.
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I If the optional low flow pipe is constructed in the Naples Channel, offsite miûgaûon may
be required since surface low Bows will be substantially c:urtailed. This point may be
L negotiated with the DFG as the current habitat appears to be degraded.
L Construction Timin~
Construction ûming and constraints will be similar to those previously described for
[ Alternative No.1. Pipe availability may be somewhat better due to the smaller conduit size
required.
I Maintenance
I Maintenance of the Naples Channel will remain relaûvely high. However, by removing the
East Naples Drainage System confluence, a principal maintenance problem will be
I eliminated. Maintenance would be further reduced by construction of the optional low flow
conduit system.
.
I Public Acce,ptance
r: This alternative should receive good public acceptance as the local residents believe that
most of their problems stem from the East Naples drainage system. The major problems
would ostensibly be solved by redirecting this flow however the existing Naples Channel will
r remain essentially in its present condition which could lead to future disputes.
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l Construction Cost Estimate
L Prepared by
Robert Be/n. William Frost end Associates
[ Table B
[ Engineer: SMT IN: 500095
Date: 10/25/91
[ Unit Total
ITEM Quantity Unit Price Cost
L 1 57" RCP 1730 If $171 $295,830
2 Storm Drain Cleanout Type A 2 ea $3,500 $7,000
l 3 Fill 3200 cy $6 $19,200
4 Regrade .ExIst Channel 1000 cy $8 $8,000
5 Pipe to Pipe Transition 1 ea $5,000 $5,000
L 6 Remove Stacked RCP's 150 If $50 $7,500
7 Remove Headwall 10 cy $400 $4,000
8 Protect/Restore Exist. Impmts. 1 Js $5,000 $5,000
r 9 Replace Existing kC. Pavement 10350 sf $5 $51,750
10 Clear and Grub 1 acre $5,000 $5,000
r 11 Double Headwall 4.3 cy $1,000 $4,300
12 Traffic Control 1 Is $5,000 $5,000
13 Mobilization 1 Is $3,200 $3,200
L Construction Subtotal $420,780
· Contingency @ 10% $42,078
I Engineering @10% $42,078
Total Estimated Cost $505.000
I Optional Item
1 18" RCP Low Flow Pipe 900 If $54 $48,600
Construction Subtotal $469,380
i Contingency @ 10% $46,938
Engineering @10% $46,938
· ¡ Optional Total Cost $563,000
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I Alternative No. m.
L pescription
l Alternative No. III consists of constructing a lined trapezoidal channel with a concrete invert
and stabi1ized side slopes. The concrete invert will insure velocities high enough to prevent
[ the buildup of silt and debris while stabili7:Íl1g the invert grade. Side slope stabilization is
required since velocities will range from 10 to 15 it/50 excessive for a natural grass lining.
For the purpose of the cost esÛ1nate shown on Table 'C', interlocking concrete block has
I: been specified for bank stabilization although other mat type stabilization materials may be
suitable. Concrete mat will provide the best performance for the least maintenance cost.
L The total estimated cost for Alternative III is $306,000. The itemized cost breakdown is
shown in Table C. As with Alternative I, a line item for habitat mitigation is included. It
is assumed that channel slope area, which may be revegitated with the block revetment, will
L not require mitigation.
Construction cost for this alternative may be reduced ü open-cell concrete block is specified
I for portions of the inlet that are relatively steep where ponding problems are not
anticipated. Mitigation area may be reduced by increasing the use of concrete block thereby
reducing overall construction cost.
I: Level of Flood Protection
I: Alternative No. III will provide 50 year flood protection for the entire reach of the project.
The problem of flooding at the low point in Hilltop Avenue will remain. A combined
r maintenance road/overflow channel is recommended from the inlet to the Hilltop Storm
drain to Hilltop Avenue.
[ Permit Constraints
I A Streamed Alteration Agreement will be required from the DFG. The requirements of
the permit and ûming would be similar to those described for Alternative No. 1.
[' Co . TOO
nstructlOn lmm~
¡- Lead time for concrete block is about 3 weeks. Other construction materials required for
this alternative are readily available.
¡
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I Maintenance
L Channel maintenance would be higher than that of a closed conduit but less than that
required for a natural earth channel. It may be necessary to periodically remove debris or
clear excessive growth from the side slopes. Ponding and vector control should not be a
[ problem.
[ Public Acceptance
[ Public acceptance is likely to be guarded since mosquito and odor problems will be
eliminated at the expense of the perceived level of security. Aesthetically, this alternative
is less desirable than a buried conduit or completely natural channel.
[~
I .
I:
I:
I.
r
L
I.
I.
r- .
I.
[: LfS(XX)9S 11
/ 7~ / ~
[
[
Î Construction Cost Estimate
L Prepared by
Robert Seln, William Frost and Associates
Table C
l
[ engineer: SMT IN: 500095 Project: Naples Street Channel
Date: 10/14/91 Description: ~
l Unit Total
ITEM Quantity Unit Price Cost
[ 1 36" RCP 41 If $105 $4,305
2 Concrete Invert 128 cy $300 $38,400
L 3 Side Slope Revetment 14420 sf $6 $86.520
4 Concrete Transition 20 cy $400 $8,000
5 Type A éleanout 1 ea $3,500 $3.500
L 6 Reinforced Concrete Collar 1 ea $1.500 $1.500
7 6' Chain Unk Fence 1725 If $8 $13,800
8 Security Drive Gate 1 ea $3,000 $3.000
[ 9 Concrete Drive/Overflow Section 73 cy $300 $21,900
10 General Earthwork 2800 cy $6 $16,800
[ 11 Riprap 242 ton $50 $12, 100
12 Remove Headwalls 10 cy $400 $4.000
13 Remove Existing Transition 23 cy $400 $9,200
[ 14 Cutoff Wall 2 cy $400 $800
15 Clear and Grub 1 acre $5.000 $5,000
16 Mobilization 1 Is $4.000 $4.000
I: 17 Protect/Restore Exist. Imprmnts. 1 Is $5,000 $5.000
18 Habitat Mitiaatlon 0.32 acre $53,000 $16,960
[ Construction Subtotal $254.785
Contingency @ 10% $25,479
[ engineering @10% $25,479
Total Estimated Cost $306,000
r
[
r 12
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[
- ,_ _ __~'···___'_'·"______·___m._._.
- ~- ,--- ~_..__..__.._..& . .-.-..----.-
I:
I Alternative No. IV
I D ..
escnptlon
L The previously proposed final design configuration is included as Alternative No. IV.
Improvement plans have been completed for a fully lined reinforced concrete trapezoidal
channel. This alternative is similar to Alternative No. ill with the exception that the
L channel side slopes are concrete lined. Alternative No. IV provides a base line comparison
as it represents the best balance between economy, flood protection and maintenance
considerations.
L The total construction cost for Alternative No. IV as shown in Table D is $334,000. This
cost is very competitive with Alternative No. ill ($306,000) and is slightly higher principally
I due to additional assumed wetlands mitigation costs.
L Level of Flood Protection
The level òf flood protection is identical to that described for Alternative No. ill.
L Permit Constraints
,
L A Stream bed Alteration Agreement will be required. Permit constraints and mitigation
requirements are virtually equivalent to those described for Alternative No. 1.
r
Construction Timin~
I Construction could proceed the most rapidly of any alternative. There is no lead time
required for the construction materials required for this alternative.
. I
Maintenance
I The system would be essentially maintenance free, and monitoring during storms and
I emergency maintenance access is the best for any alternative. Open cbannels tend to
require some routine clearing of illegally dumped debris.
r Public Acc~ptance
. Public acceptance of this alternative is known to be poor. Support may be increased if other
I alternatives require significant cost participation by property owners. The City has
previously expressed the ability to fund this alternative in its entirety.
[ L/SWbS 13
[ / /- 20
T .
I Construction Cost Estimate
,-
(
L Prepared by
Robert Se/n, William Frost and Associates
[ Tlble D
[ Engineer: SMT IN: 500095 'Project: ~
Date: 10/25/91
Description:· . ' "
r Unit Total
ITEM Quantitv Unit Price Cost
L 1 Protect/Restore Existing Improvm 1 Is $5,000.0 $5,000
2 Clearing and Grubbing 1 Is $8,160.0 $8,160
L 3 General Earthwork 1 Is $17,000.0 $17,000
4 Export Material 1 Is $6,300.0 $6,300
5 36" RCP 'Storm Drain 41 If $120.0 $4,920
[ 6 60" RCP Storm Drain 37 If $200.0 $7,400
7 Type A Headwall 1 ea $1,500.0 $1.500
8 Type A Cleanout 1 ea $3,310.0 $3,310
r( 9 Modified Pipe Collar 2 ea $500.0 $1,000
10 Trapezoidal Channel 773 If $277.0 $214,121
11 R.C. Trans - Downstream 1 Is $7.500.0 $7,500
I: 12 R.C. Trans. Upstream 1 Is $3.300.0 $3,300
13 Rlprap Transition 56 r;.¡ $100.0 $5,600
r 14 Chain Unk Fence and Gate 1725 If $8.1 $13,973
15 P.C.C Access Road 2000 sf $1.0 $2,000
16 Cutoff Wall 1 Is $2,960.0 $2.960
r: 17 Habitat Mitiaation 0.8 Is $53,000 $42,400
Construction Subtotal $304,044
Contingenr;.¡ @ 10% $30,404
,. Total Estimated Cost $334.000
.
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I 14
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I;
I Decision Matrix
L The table shown below lists the general evaluation criteria for each alternative and rates
each alternative with respect to the evaluation criteria as either best, good, fair, or poor.
l
Criteria Alternative 1 Alternative 2 Alternative 3 Alternative 4
[ Construction Fair Poor Best Good
Cost
L Flood Protection Good Best Good Good
Construction Fair Fair Good Good
I. Time
DFG Poor Best Fair Poor
r. Requirements
Public . Best Good Poor Poor
Acceptance
I. Maintenance Best Poor Fair Good
Sedimentation Best Fair Good Good
r Construction cost receives a relative rating between each alternative. The flood protection
r rating is "best" if existing flooding problems are solved, "good" if existing flooding problems
are improved, "fair" if existing problems remain essentially unchanged. All of the
alternatives will ~ erosion in the channel that could lead to potential failure during an
r: intense storm event. Construction time is also a relative rating with materials such as RCP
receiving a fair rating for their relatively long lead time. Ratings associated with the DFG
reflect the amount and complexity of mitigation required to compensate for wetland loss
[ associated with the alternative. Public acceptance is a subjective assessment of public
reaction to each alternative based on the opinions expressed at the August 8, 1991
community meeting. The maintenance rating for each alternative indicates the relative level
[ of maintenance effort that is anticipated in each case.
[
r
I .
I L/S«11JS 16
( /7<2]
-..------." ,- -----_._._._-----~---_.__..
--- .
I'
l Project Fmancing Alternatives
L Overview
Historically, funding of capital stormwater facilities improvements has been provided by
[ revenues from property taxes. With the advent of Proposition 13, stormwater infrastructure,
ttaditionally viewed as low priority, must compete for increasingly scarce funds with other
community improvement and maintenance programs. Several methods are available to the
[ local municipality to fund stormwater infrastructure improvements that may be categorized
as follows (Leithe and Joseph, 1990):
I' · Pay-as-you-go financing - Infrastructure costs are paid directly from current revenues
that may include taxes, fees or user charges.
I · Debt financing . A local municipality may use the credit market to raise funds
through the issuance of debt obligations.
L · Public/Private ventures - Local governments enter into agreements with private
seT9ice providers.
L Public/Private ventures are generally applicable to infrastructure improvements that may
produce revenue, or return on privately supplied capital. Funding of storm drain
[ infrastructure is best provided through some form of pay-as-you-go or debt financing.
[ Financin~ Alternatives
Financing mechanisms that have gained acceptance within the last few years include special
r: assessments, special districts (community facilities districts or CFD's) and user charges.
Each of these mechanisms may be applied to pay-as-you-go financing or debt financing
depending on the specific requirements of the project.
I:
~pecial Assessments
r: Special assessments are an excellent tool to finance projects that benefit specific properties
such as improvement of the Naples Channel. Assessments are levied on property, similar
¡- to property taxes to fund all or part of an improvement project. Benefit areas are
prescribed that may be tiered, reflecting diminished or increased benefit for individual
r parcels. Assessments may be paid over a period of several years or on a one time basis. .
Special assessment districts are created to define the benefit area; most municipalities may
create special assessment districts without a referendum.
,
!
r L/Sl1X1JS 17
/7-).i
r
[~
I Special Districts
[, Special Districts are created usually with the purpose of financing and maintaining specified
capital improvements. Known as Mello-Roos or Community Facilities Districts (CFD's)
they are special units of government that function independently to provide specific services.
[ The creation of Special Districts was authorized by the CalÜomia state assembly.
[ User Charies
[ User fees are levied as consideration for specific serves provided by the jurisdictional
agency. User fees may be pledged to repay revenue bonds issued to finance new
infrastructure (Leithe and Joseph, 1990). Charges are computed based on benefit and
I: revenue requirements.
r: Debt Financin¡¡
Debt financing may take the form of borrowing through short term notes, General
r Obligation (G.O.) Bonds, Revenue Bonds and Taxable Bonds
[ Proposed Project
Approximately 32 properties will receive direct benefit from the improvement of the Naples
[ Channel by virtue of their proximity to the channel itself. Over 400 acres (roughly 2000
residences) are located upstream from the project and will therefor indirectly benefit from
(or contribute to the need for) the project. Financing of the current project with
r participants outside of the direct benefit area may require the development of a regional
improvement program (master plan) that addresses all of the flood control deficiencies
within the subject drainage basin. Historically, gaining property owner approval of
r: assessments for storm drain improvements has been difficult because the need for
improvements is not shared by most property owners. The major benefits of the project are
shared by relatively few.
I Based on an approximate project cost of $425,000, the "per lot" cost is $13.000/10t
(distributed over the adjacent 32 lots) or $215/10t (distributed over the upstream tributary
r watershed).
["
f
[, Lf50009S 18
} 7---15
r
--.--,. ---,- .., -,,---- ,.,.,-,.-.---...---..-,-..--
.......... ~--_.__.._, --------.---.-----,. .----
¡:
I References Oted
I l. Leithe, Joni L and Joseph, James C., Building Together: investing in Community
Infrastructure, National Association of Counties of the United States, 1990.
L
I
I
I
I
I
I.
I
I
I
I
¡
I
. I
I L/S0009S 19
J7~ .J.~
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I Technical
Appendix
I. .
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I:
[
I:
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T
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
L OPEN CHANNEL HYDRAULIC DATA
---------------------------
Q - 407.0000 n'" .0254 S - .006400 B - 8.000 ft Z - 2.000
L NORMAL DEPTH - 3.45326 ft
D/B .. .43166 K' - .50478
A - 51.47612 V- 7.90658 V2/29 - .97102 HE .. 4.42428
[ NF '" .90702 P - 23.44345 R- 2.19576 K" 4.74
CRITICAL DEPTH - 3.27782 ft Sc - .007878
[ Dc/B - .40973 K'c - 2.24838
Ac - 47.71070 Vc - 8.53058 Vc2/29 - 1.13033 BEc- 4.40815
NFc - 1.00000 Pc .. 22.65884 Rc .. 2.10561 Kc - 4.91278
------------------------------------------------------------------------------
[Q- 407.0000 · B - 8.000 ft :
·
n - .0254 · Z - 2.000 .
· .
[S- .006400 : D .. unknown ft :
~ F1-Depth Units F2-Base Units
F3-Set Unknown F6-Calc Unknown F8-Friction Loss F10-Main Menu
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
[~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
. OPEN CHANNEL HYDRAULIC DATA --
r Q" ---------------------------
407.0000 n - .0254 S .. .056400 B - 8.000 ft Z .. 2.000
I NORMAL DEPTH .. 1. 96527 ft
D/B - .24566 K' - .17004
A - 23.44677 V - 17.35846 V2/29 - 4.68028 HE, .. 6.64555
NF .. 2.51599 P .. 16.78897 R- 1. 39656 K- 7.18
I CRITICAL DEPTH - 3.27782 ft Sc .. .007878
Dc/B .. .40973 K'c .. 2.24838
I Ac .. 47.71070 Vc .. 8.53058 Vc2/29 .. 1.13033 HEc .. 4.40815
NFc - 1. 00000 Pc .. 22.65884 Rc - 2.10561 Kc .. 4.91278
------------------------------------------------------------------------------
I Q .. 407.0000 : B .. 8.000 ft :
n .. .0254 . Z .. 2.000 .
. .
S .. .056400 : D - unknown ft :
l F2-Base Units
Fl-Depth Units
F3-Set Unknown F6-Calc Unknown F8-Friction Loss F10-Main Menu
f++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
[
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. [ 71 NORTH FOURTH AVENUE . CH~LA YlSTA,CAUFORNIA 120IIH099
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[ OPEN CHANNEL HYDRAULIC DATA
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Q .. 197.0000 n - .0150 S - .012800 B - 15.000 ft Z - .000
[ NORMAL DEPTH - 1.16521 ft
D/B .. .07768 K' - .01909
A - 17.47816 V - 11.27121 V2/2Q so 1.97329 HE - 3.13850
[ NF .. 1.84010 P so 17.33042 R- 1.00852 K- 17.37
CRITICAL DEPTH - 1. 74970 ft Sc so .003601
[ Dc/B - .11665 K'c - .22607
Ac - 26.24557 Vc .. 7.50603 Vc2/2q - .87512 HEc - 2.62483
NFc - 1. 00000 Pc - 18.49941 Rc .. 1.41872 KC - 11.07731
[-:-=--::~~::::---~-------------:-=---::~:::---::-~----------------------------
n .. .0150 : Z .. .000 :
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~ F1-Depth Units F2-Base Units
F3-Set Unknown F6-Calc Unknown F8-Friction Loss F10-Main Menu
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ '
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COUNCIL AGENDA STATEMENT
Item (%
Meeting Date 3/3/92
ITEM TITLE: Report on the appeal of staff denial of the
deferral of installation of public improvements at
619 Moss street 0.1 jI
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~ (4/5 Vote: Yes____No~
Last September, Mr. Frank Jimenez applied for a deferral of the
requirement to install the public improvements along the frontage
of the property at 619 Moss Street. The ensuing investigation by
staff revealed there was no basis for the granting of that deferral
request and it was denied. In accordance with section 12.24.070,
the applicant is provided the opportunity to appeal that decision
to the city council and Mr. Jimenez has so appealed.
RECOMMENDATION: That Council accept this report and deny the
request to defer the requirement to install public improvements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In August of 1991, the owner of the property at 619 Moss Street
submitted plans to construct an addition to the existing house at
that site. The proposed work involved the construction of two
bedrooms and two bathrooms. The estimated cost of this work was
approximately $78,000.
When the plans and permit were routed through Engineering, staff's
investigation revealed that the public improvements were missing.
In accordance with section 12.24.040, staff determined that the
proposed work on-site justified the imposition of the requirement
to install those improvements (curb, gutter, sidewalk, driveway and
necessary pavement). The requirement was placed on the check list
form on August 4, 1991.
On October 10, 1991, Mr. Jimenez applied for a deferral of this
requirement, citing that: 1) The work would be incompatible with
the present development of the area and; 2) would be desirable to
have the work done as an overall improvement project. Those are
two of the five justifications given in section 12.24.070 of the
Municipal Code regarding the granting of deferrals.
(t- (
<- .....-.-.-...-,.--..-----.,-------'"'...-.-.
Paqe 2, Item If
Meeting Date 3/3/92
Upon a field investigation, it was found that there is existing
curb, gutter and sidewalk adjacent to the east line of Mr. Jimenez'
property, extending to the intersection to the east (see Exhibit
"A").
Most deferrals are on properties located mid-block, with no
improvements on either side of the properties. It is the opinion
of staff that where curb, gutter and sidewalk exist and abut the
property being built upon, the improvements should be extended.
The above-mentioned section 12.24.070 states that if the
installation of the street improvements would "create a hazardous
or defective condition, or be impractical, or if said installation
of any or all improvements would be incompatible with the present
development of the neighborhood, or be impractical or premature
because of the existing condition of the surrounding property, or
that it would be desirable to install said improvements as a part
of the overall plan for the development of public improvements in
a certain area, the property owner may apply to the city Engineer
for a deferral of the requirements..." The property owner could
assert that it is "desirable" to him to do the improvements as part
of an overall project. However the condition "would be disirable
to install said improvements..." is a city finding from the city's
viewpoint. since there are improvements next door, it is staff's
opinion that it would be "desirable" to do the improvements now.
Based on the foregoing information, Mr. Jimenez' request for a
deferral was denied and was notified by letter dated November 22,
1991. In that letter he was directed to begin the procedure to have
the improvements installed. He was also advised that he had the
right to appeal the denial to the council in accordance with
section 12.24.070.
Mr. Jimenez has stated that his budget for the on-site work did not
include the costs of the street improvements. However, he was
informed of the requirement to install the public improvements by
means of a check list completed by staff as the building permit and
plans were routed through Engineering on August 4, 1991. The
building permit was issued on September 18, 1991.
The estimated value of the public improvements (including design
and survey work and contingencies) totals approximately $8,400.
Assuming the estimated building cost is $78,300, the public
improvements represent 10.7% of the building costs. This is not
considered by staff as being out of line.
Since it is the city's desire to have missing public improvements
installed where practicable using the provisions of Chapter 12 of
Ig,¡
-'"...__.~,---,-_._,._._,. --,..
Page 3, :Item I~
Meeting Date 3/3/92
the city Code, staff recommends denial of the request to defer the
requirement to install the public improvements. If Council opts to
grant the deferral, it should be conditioned as follows:
1- The applicant shall submit a guarantee of future
installation in the form of a cash bond or a lien against
his property.
2. The deferral should expire in three years to allow the
city to reassess the situation.
3. In the case of a block grant project causing the
improvements to be installed, the cash bond will be used
to pay the applicant's share of the cost.
Therefore, should Mr. Jimenez be granted a deferral, he will either
still have to put up the cash as a bond or allow the City to place
a lien against his property, which could be called up at any time.
The building addition has not yet reached the stage of framing
inspection. In accordance with Section 12.24.050 of the city Code,
no final inspection, completion certificate or certificate of
occupancy shall be issued until the provisions of that chapter have
been complied with. The Building Department has been advised to
not finalize the building permit until the matter of the public
improvements has been resolved.
FISCAL IMPACT: None.
JWH
PD-135
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. I FILE NO. PO-/35
OWN BY: .J ¡. APP~A'- ~F D£NIAL OF Þ&Fe¡¿,eAI-
DATE: 1./11.19Z. OF Pl.l8l.IC IMPROVEMENTS "" MOSS ST.
/t- '1
,._,
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PD-
CITY OF CHULA VISTA
,,- REQUEST POR WAIVER/DEFERRAL OF
! REQUIREMENT ~O ¡NSTALL,PUBLIC IMPROVEMENTS
SUBJECT SITE C, ('1 V\/I.l'">S3 .s'l,C,~ APN tb/,f~ //0 - 22
ì¿' fCr¿(J>-'-:',,,-.c
IN ACCORDANCE WITH THE PROVISIONS IN SECTIONS 12.24.868 AND 12.24.878
OF THE CHULA VISTA MUNICIPAL CODE, THE UNDERSIGNED HEREBY REQUESTS A:
L><r DEFERRAL I ] WAIVER
OF THE REQUIREMENT TO INSTALL THE IMPROVEMENTS AS SPECIFIED:
I ] AC PAVING , BASE I ] CURB , GUTTER I ] SIDEWALK
[ ] STREET LIGHT(S) [ ] DRAINAGE FACILITIES
[ ] OTHER
1- DEFERRALS MAY BE GRANTED FOR ANY OF THE FOLLOWING REASONS (CHECK
ITEM OR ITEMS WHICH APPLY IN THIS CASE):
[ ] INSTALLATION WOULD CREATE A HAZARDOUS CONDITION
þ<J INCOMPATIBLE WITH THE PRESENT DEVELOPMENT OF THE· AREA
I ] PREMATURE BECAUSE OF EXISTING CONDITIONS OF SURROUNDING AREA
~ WOULD BE DESIRABLE TO HAVE INSTALLED AS AN OVERALL PROJECT
[ ] IMPRACTICAL BECAUSE
NOTE: DEFERRALS MAY NOT BE GRANTED POR REASON OF FINANCIAL HARDSHIP.
,.
! 2. WAIVERS MUST BE CONSIDERED BY THE PLANNING COMMISSION AND MAY BE
GRANTED FOR THE FOLLOWING REASONS:
I ] TOPOGRAPHY IS SUCH THAT INSTALLATION WOULD BE IMPRACTICAL
BECAUSE AREA CANNOT BE GRADED TO ESTABLISHED GRADE.
I ] INSTALLATION OF SIDEWALKS WOULD BE HAZARDOUS TO PEDESTRIANS
DUE TO EXISTING GRADES.
THE UNDERSIGNED ACKNOWLEDGES THAT, IN THE EVENT A DEFERRAL IS GRANTED,
IT IS A REQUIREMENT THAT A CASH BOND IN THE FOR OF CASH OR A CASHIER'S
CHECK IN THE AMOUNT OF 110% OF THE ESTIMATED COST OF THE WORK BEING
DEFERRED MUST BE POSTED WITH THE CITY FINANCE DEPARTMENT.
APPLICANT: TR/);fJK JrJ1..11"'?1Ut5"? PHONE: 4;¿b'(;, 6 S-~
(PLEASE PRINT)
MAILING ADDRESS: 6 (c¡ þ /1 ð.3S .51
Cl+u IA- 0srI'J C/J... 9/9//
CITY STATE ZIP
SIGNATURE: ~~:í:~ DATE 9'~/O' 71
********************** ********* **********************************
, APPLICATION FEE: DEFERRAL - $234.88 WAIVER - $284.88
I
AMT. PAID Z'3/¡.O'O RECEIPT # ere:¡ 63_3 DATE '7-/¿1- 7/
/f"S;-
-'""-..
THE CITY 01" CHULA VISTA PARTY DISCLOSUl<E STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract or application, i.e., contractor,
subcontractor, material supplier.
r..ll.LJ...u..Jk=... JI ~AJ';='A...,J~~
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
D.A.
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
f.J. Ii,
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes_
No ~ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
AJ,A .
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Council member in the current or preceding election period? Yes _ No.!s.. If yes, state which
Councilmember(s):
lm!2II is defined as: "Any IlIdividlUÙ, firm, co-pannenhlp, joint _Il1'f!, assoc/Ql/on, social c1IIb, fraternal organization,
corporation, estate, trust, ncelver, syndiCflle, this and <my other county, city and country, city, numiclpa1ity, district or other political
subdivision, or <my other group or combination acting as a unit. .
(NOTE: Attach additiouai pages as neces5ftry)
Date: 9- /0 ~ c¡ I ~~'
Signature of con r/~
F'Jhl u /K:..., If ~6J0~?
Print or type name of contractor/applicant
[C:\A-113S\DISCLOIIL TXT)
-, /~..~
--,.---.. _.__."--.~ -,.,---.---..----.----
February 24, 1992
ci ty Council
City of Chula vista
Chula Vista, CA 91910
Dear Members of the City Council:
At our most recent Child Care Commission meeting we were informed
of the upcoming community Development Block Grant Program. The
application form outlines the Evaluation Procedures of applicants.
Al though the Commission on Aging, the Human Relations Commission
and the Youth Commission are all included, there is no one includ-
ed who is primarily concerned about children and families.
As many of these social service applications will benefit both
children and families, it is our opinion that the Child Care
Commission should be included on the list of those reviewing and
making recommendations on the applications.
When our commission was established, one of our primary responsi-
bilities was: To encourage cooperative approaches toward the
development and implementation of child care services. We can
effectively address this goal by becoming part of this annual
process.
We respectfully request that you, the ci ty Council, add the Child
Care Commission to the list of those involved in the evaluation
process for the CDBG applications. We also urge you to make this
commission an ongoing part of this procedure.
Thank you for your time with this matter.
ectfully submitted,
~~A
Nancy vanagh, ~~
Chair
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March 3, 1992
TO: Councilman Jerry Rindone
FROM: John D. Goss, City Manage~
SUBJECT:
Response to Questions regarding the March 3, 1992 Agenda
Following are staff's responses to your conunents/questions regarding items on the
above referenced Council agenda.
ITEM 9 - Construction Bids in Assessment District 90-2
1. Is it prudent to go to bid on such, a large project until the assessment
district is formed? Please explain.
Staff believes it is most prudent to go to bid before the district is formed.
The process that will be used is that after the bids come in, the assessment
engineer will have the actual bid items, rather than an engineer's estimate, as
the basis for calculating the assessment spread. If the district were formed
first, staff would have to use a very generous estimate with a very generous
contingency in order to have the necessary district funding available. Once the
district is formed, if bids were to come in higher, there may not be sufficient
assessment district funds available. That would mean that either the district
and project would have to be canceled, or the City would have to come up with
additional funding.
By bidding first, we can keep the costs to the district as low as possible,
thereby making it more likely that the district can be formed. If the costs come
in too high and/or the district cannot be formed, the project would not be
awarded and the bidders would not be hurt.
2. Due to the uncertainty of funding, would the major contractors or bidders
be willing to participate? Is not this a most unusual step? Please
explain.
Staff believes that the process being recommended will not hurt the opportunity
for good bids. It is clear to the bidders that, if funding of the district is
not available, the project will not be awarded. The bidders may not get a
contract as a result, however, as in all bids, only one contractor gets a bid
anyway.
...-- "-------------_.,._--,.
I
ITEM 10 - Rancho del Rey Fire Training Center
1. What are staff's thoughts as to why the lowest bidder was 7.6% above the
architect's estimate in spite of the competitive nature of this bid and
the slow economy?
Staff has discussed this question with the architect. He has indicated that he
believes that his estimate may have been too low on one or two items. In
particular, concrete wall panels were specified to have a textured and colored
surface. In reviewing his estimate, he indicated that his estimate may have been
appropriate for a plain concrete wall panel and did not take into account the
texturing and color difference. In addition, his estimate was done on the basis
of the favorable nature of the economy. However, since the plans were bid as a
lump sum item, there is no way to verify this assumption.
ITEM 11 - FN Projects
1. Now we have provided the protections for the low income housing, why does
staff not support similar protections for moderate income housing? Please
explain.
In this specific project, all of the units are affordable to moderate income
households based on the sales price. It was determined that the moderate income
"designated" units should not have resale restrictions applied because the
restrictions would discourage the sale of those units...basically, the purchaser
does not receive a subsidy or incentive to purchase a so-called designated unit
and therefore has no motivation to accept a deed placing restrictions on the
resale of the unit when he could simply qualify to purchase a "market rate" unit
with no restrictions. The moderate income units would remain unsold until all
the same-priced market rate unrestricted units are sold. The low-income
purchasers do receive a subsidy and therefore have an incentive to accept a deed
containing resale restrictions. The 39 units committed for moderate income is
for the purpose of qualifying and securing 39 moderate income purchasers whose
actual income is below 120% of County median income. Resale deed restrictions
would not help fo achieve this goal¡ however, the phasing clause in the agreement
provides for the Community Development Director to verify that moderate income
purchasers are buying and occupying the 39 market rate moderate income units.
ITEM 12 - Contracts with Esgil and Willdan
1. When will staff have the expertise from at least one of the three Plans
Examiners to eliminate the necessity of hiring a consultant with this
expertise. Please provide a plan towards this direction.
The Department considers the current situation of using consultants on a very
limited and specialized basis for complex structural problems as the most
practical and cost effective. Staff currently handles 90% of all day-to-day plan
check activities. Projects requiring complex structural review only arise once
or twice a year.
---,.--."-----....---
!
Currently, none of the three Plans Examiners have the educational background
which would be required to perform these types of analyses. It would probably
require them obtaining a separate Engineering Degree which would take several
years. Another option would be to hire an engineer with the background (paid
similar to the Chief Plans Examiner) to do the work. This gets to the second
issue that this expertise is really only needed sporadically, estimated on a 10%
basis. This would really result then in an underutilization and inefficiency of
employing such an individual full time on staff.
ITEM 15 - Special Municipal Election
l. What is the City Attorney's recommendation to resolve the concern
expressed under Item H on Page 15-2
2. Would the City Attorney be able to draft a proposal for consideration to
resolve this concern for tonight's meeting? .
The City Attorney will respond separately to the two above questions.
JDG:mab
cc: Mayor and City Council
rlndone
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