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Chapter 19.09
GROWTH MANAGEMENT
Sections:
79.09.010 Purposellntent, Policies and Findings.
79.09.020 Definilions.
19.09.030 Growth Management Program Implementation Manual. �
79.09.040 Threshold Standards for Ciry Facilities and Services. �, +��i�,���p�
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19.09.050 Threshold Standards for Extemal Facilities and Services�'S�
19.09.060 Amendments and Supplemental Threshold Standards. �
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79.09.070 Moratonum on Building Pertnits Allowed. :'��y` ;,���
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� 19.09.080 Requirement for Public Facilities Finance Plans(PFFP),Air Quality Improvement
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Plans and Water Conservation Plansd�
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79.09.090 Public Facilities Finance Plan (PFFP)Contents. �
79.09.100 Public Facilities Finance Plan,(PFFP) Prepar on�
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19.09.710 Public Facilities Financ.e.Plan(P_FFP) Review.
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19.09.120 Public Facilities Finance Plan (PFFP) Implementation.
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19.09.730 Public Facilities Finance Plan (PFFP.);Amendment.
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19.09.140 Exceptions and Exclusions.
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19.09.750 Ezfensions�ofPriorApprovals.
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19.09.760 Obligation to`P.ay Fees or Install Facilities Required by Any Other Law.
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19.09.770 Impl m�enting Pro�cedures.
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19.09.180.,�Council•Action_s, Fees, Notice.
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19.090:190 Seyera�bfality.
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19.090200,Facility Master Plans.
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19_09_01�0 Purp se/lntent,_Policies and Findings_____
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A. Purpose/Int�ent�
The purpose and inient of this chapter is to: 1) Implement the policy fremework established by Chula Vsta's
General Plan for Chula Vsta's Grovrth Management Progrem; 2) Codify threshold standards designed to
assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrentty
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be provided,to meet the demands generated by new development, and service levels to existing residents will
not be reduced; and 3) Establish administration and compliance mechanisms.
B. Policies
It is the policy of the city of Chula Vista to:
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1. Provide that public facilities, infrestructure and serv�ces meet the threshold slandards set forth in this
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chapter, and are provided in advance of,or concurrent with, the demands created by new'development;
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2. Assure that individual development projects measure potential impacts upon public;facilities, inf'rastructure
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and services, and provide a plan for funding improvements needed.io�meet the threshold;s andards set
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forth in this chapter, ��''� '�ih ,
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3. Provide quality housing opportunities for all economic segments of the community;
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4. Provide a balanced community with adequate,commercial, indust a�l,'��recieational and open space areas to
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support the residenLal areas of the city; �
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5. Balance the regional housing needs against the publicpservice needs of Chula Vista residents and
available fiscal resources, environmental constraints, a d qualily of life considerations;
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6. Provide that all development is'�consistent with the Chula Vista general plan;
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7. Provide the CiN Co,�unycil the'requlatorv f amework to 6limit or prevent additional development if certain
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public faulities, infrastructure and services meeting the threshold standards set forth in this chap[er are not
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provided in a�`�mely, pha¢sed and logical manner, as reqwred by the General Plan;
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8. Control the tiiningVand location of development by tying the pace of development to the provision that
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public�facilities?infrastructure and services conform to the city's threshold standards, and to meet the goals
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and ob�ectives'"of the Grow[h Management Program;
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9. Promote orderly revilalization and redevelopment of older portions of the city, including the Urban Core and
the commercial corndors;
10. Provide[hat the air qualiy of the city of Chula Vista is maintained consistent with applicable standards;
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11. Require development to conserve water so that an adequate suppty is maintained to serve the needs of
cunent and future residents.
C. Findings.The city council of the city of Chuta Vsla hereby finds:
1. New development creates incremental demands for public facilities, infrastructure and services provided by
the city and other public agencies serving the area; �?
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2. New deveiopment demand for public facili[ies, infrastructure and services, if n��o`t concurrently met,with
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expansion of public facilities, infrestructure and services,would result in facility and service shortages,
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including, but not limited to, streets, schools, lihraries and general govemmental facilities. These
� shortages would be detrimental to the public health, safery,and,wel��re of the citizens o�f�6�la Vsta;
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3. The city has adopted and regularty updates facility master plans to ensure adequate infrastructure and
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senrices will be available to support the build-out demands of ttie�dopted General Plan.
4. Since 1991,the city has maintained a growth management ordina��achieve the"Purpose°outlined in
"A°, above, and has adopted a variety of rela�ted fee and funding:programs to ensure that public
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improvements keep pace with growth. � ,��3
5. Chula Vista's adopted General Plan inGudes'�provisions�inng facilities and services in advance of,or
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concurrent with, growlh�
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6. Prohibiting or limiting de elopment unles's'adequate public facilities, infrestructure and services are
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available in advance of, or.concurrent with,development is consistent with the city's policy[o provide
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housing oppoRunities fo�l economic segments of the community,;
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would�most li�occur in areas of the cily lhat are designated for highest development priority.
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7. Adoption of this chapter will not adversety affect the regional welfare. By providing that adequate and safe
public facilities, infrastructure and services will exist to serve all of the development in Chula Vista, and
because many of these facilities and improvements are used by persons residing in neighboring areas and
cities, the public health, safety and welfare of the whole region is enhanced.
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8. This chapter will further the policies set forth above by. a) requiring identification for all public facilities,
infrestructure and services required as a resuft of development; b) prohibiting or limiting development until
Iadequate provisions for tkecertain public facilities infrastructure and services are made within the city, as
herein provided;and c) giving development priority to areas of the city where public facilities, infrastructure
and services are already in place. (Ord. 2448§2, 1991)
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9. The city has influence upon, but not control of,the actions of other public agencies��volved in providing
services to the resideMS of Chula Vista, including school districts and water�ervice purveyorsi��
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19.09.020 Definitions. 'U '�°"�, ;¢'
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Whenever the following terms are used in this chapter,they shall hav_�e�th�'e�meaning establ sh��edf�by this section
unless from the context it is apparent that another meanmg is intended: ��f "
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A. "Air Quality Improvement Plan" (AQIP) means a project-specific,Air�uality I�provement Plan prepared and
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approved m accordance with CVMC 19.09.080, and Appendix A of theiGrowth Management Program
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Implementation Manual. ,��..�- �.�� `���'�`
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B."Available facility and service capacity"shall be determ ned by the Development Services Director, using
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generally accepted planning standards and criteria, including;the threshold standards set forth in this chapter.
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Specific facility service capaciry shall be determin'ed by subtracting from the total capacity for a specific faclity
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service the demand of existing development plus the demand that will be created by approved development.
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C."Developed areas of the city"�m�eans hosyareas of a predominantly urban character where development
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has already occurred and�p`uAtilic facilities, infrastruclure and services serving�that development are in place.
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D."Development rmeans any,lantl use, building or other alleration of land and construction incident thereto.
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E. "Development Services Directo�'or"Director'means the Director of the city's Development Serwces
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DepartmeM�or theiddesignee.
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F. "Discretionary planning approval" means any permit, entitlement or approval issued under the authority of
the zoning and subdivision titles of the Chula Vista Municipal Code(CVMC), and any legislatrve actions such
as zone changes, General Plan amendments, Sectional Planning Area (SPA) plans or General Development
Plan approvals or amendmenls.
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G. "Extemal public facilities and services"means the threshold standard topics that pertain to facilities and
services provided from outside the city, such as schools,water and air quality.
H."Facilities°means any schools, public safery facilities, infrestructure, civic buildings,corporation yards,
park/recreational areas or structures providing for fire, libraries,traffic controls,streets and highways, including
curbs, gutters and sidewalks, bridges, overcrossings, street interchanges,flood control or stortn drain facilities,
sewer facilities,water facilities, lighfing facilities or other govemmental services, require�t�be identified in a
Public Facilities Finance Plan. ���r�����1
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I. "Facility Master Pian°means any adopied master plan for future facility needs for er'LVrvices associated with
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the Growth Management Program's threshold standards, induding, but;not limited to: sewer,.drainage,water,
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police,fire and emergency services, libraries and parks. ��ir# �'�
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J."Facility and service capacit�' means the maximum amount-of•development,which could take place prior to
increasing the number or size of a facility or the level of service as�de��ined y�applying the appropnate
[hreshold standard. . F,-,�,�`�� ��
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K."Growth Management Program Implementation ManuaPrmeans a`'plan prepared and approved according to
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CVMC 19.09.030.which establishes compliance with the thresho d standards, as provided in CVMC 19.09.040
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and 19.09.050. �
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L. "Moratorium"means buiitling pertnits will not be issued for an area that has been identified as having a direct
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causal relationship to a specif d•threshold.standard failure. City council must make specific findings and follow
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specific procedures as prov�ded in CVMC 19.09.070. ,
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M."Project' means he activfty fonwhich either an application for a Sectional Planning Area (SPA) plan, a
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Tent@tive Map°(fM), a:Conditional Use Pertnit (CUP), or a similar activity has been or is required to be
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submitted and whi�ch may 6e subject to discretionary approvals by the ciry.
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N."Public facilitie�ance pian (PFFP)"means a project specific Public Facilities Finance Plan prepared and
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approved in accordance with CVMC 19.09.080 throuah 19.09.130. and Apoendix C of the Growth Manaoement
Prooram Imolementatron Manual.
O."SPA plan°means a Sectional Planning Area plan, as prescribed in CVMC 19.48.
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P. "Statement of Concem" means an implementation measure the Growth Management Oversight Commission
(GMOC) may issue in its annual report� 1)for an exlernal public facilities and services threshold standard,to
highlighl what action the city can take in order to solve a specifed issue and encourage further or additional
inter-agency cooperation/coordination. There may also be a recommendation for the issuance of
correspondence or a resolution by the city council to the external agency, if the situation so warrants, as
determined by the GMOC;or 2)for a threshold standard that is currently failing or forecasted to fail, and may
include elements dealing with city management and orgamzation, budget priorities, and7e ponsiveness to
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prewous GMOC requests, or 3) in response to an overall or general quality of hfe�consideretion, irrespec6ve to
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whether a particular threshold standard has been exceeded, or if it is a non-grow[h-related issue. It can offer a
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finding or make recommendations regarding city management,organization and budget prionties.
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Q."Substantial compliance"means performance meeting the intent'of the parties with resp ct to the obligations
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imposed pursuant to Ihe PFFP. (Ord. 2448 §2, 1991). �'�,�.,, `���
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R."Threshold standards"means those certain standards iden[ifed in CVMCJ9.09.040 and 19.09.050
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specifying the facilities and services required to support!the present and�,future needs of the ciry.
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S "TranspoAation Monitoring Program (TMP)" means th technical analysis of traffic operetion on all urban and
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suburban arterials with average weekday traffc volumes g�eater than 20,000 vehicles per day. The TMP shall
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be based on the current Highway Capacity Masual, as may be amended from time-to-time. The technical
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analysis shall be conducted annuallyaor as directed by the city council in order to monitor actual traffic
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operations and to predict future=traffc levels and related deterioration in the level of service.
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T. 'Water Conserva�n�PlanF"a;�m'.,,eans aproject-specifc water conservation plan prepared and approved in
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accordance with�CVMC 19.09.OSO;�and Appendix B of the Growth Management Program Implementation
Manual���`,�, �u'.�`�O�}} °�a`��,
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19.09.030,Growth Management Program /mplementalion Manual.
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A.The ciry counci�hall adopt, by resolution, a Growth Management Program Implementation Manual tha�
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specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so
doing, assure that new development does not occur unless public facilities, infrestructure and services
consistent with the threshold standards are available in advance of, or concurrently with, development
B.The Growth Management Program Implementation Manual shall incorporate and interpret the threshold
standards as set forth in this chapter.
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C.The Growth Management Program Implemeniation Manual shall incorporate, by reference,the adopted
facility master plans prepared by certain ciry departments,and shall address air quality and fiscal issues.
D.The Growth Management Program Implementation Manual shall provide procedures for implementing any
limits on building permits established pursuant to CVMC 19.09.070, and address growth-related fiscal and
economic issues. E.The Growth Management Program Implementation Manual shall define the contents of
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Public Facilities Finance Plans (PFFPs)that are required for all development projects pursuant to CVMC
19.09.080. �`�F�,��.,�',r�
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E.The ciry council shall appoint a Growth Management Oversight Commission(GMOC);and the GMOC shall
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annualty prepare a report and, upon doing so,the GMOC shall submit such report to the planning commission
for input and recommendation, and to the ciry council for their action����'�p �
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F.The city wuncil shallshetdA annually review and, by resolution;,act upon the�Growth Management Oversight
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Commission's annual report.
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G.Amendments to the Growth Management Prog�am Implementation AAanual may be initiated by action of the
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planning commission or city council, or upon request of a�applicant'The city council shall acl on the requested
application. (Ord. 2448 § 2, 1991). �;��
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19.09.040 Threshold Sta�dards for City'�Facilities and Services.
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Threshold standards for city�facilitie's�and senrices are those under the direct control of the ciry, and apply to
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eight public facility and servic�es topics, i�cluding: Drainage; Fire and Emergency Services: Fiscal; Libraries;
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Parks and Recreation;�ol�;Sewer Y+nd Traffic.
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In order.to:provide t�t publicf�acilities and services, govemment and other utiliry services, and improvements
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that�are adequal`e;to meet present and future needs oi the city,the city council hereby adopts threshold
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standards�for each faciliry or improvement listed below:
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A. Police. ��d3�'y
Goal: To mainiain and improve the wrrent level of police service in the city of Chula Vista.
Objective: Ensure that Police staff is adequatey equipped and trained to provide police service at the desired
level throughout the city.
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Threshold Standards:
1. Prioriry 1 —Emergency Calls'. Properly equipped and staffed police units shall respond to at least 81% of
Priority 1 calls within 7 minutes 30 seconds and shall maintain an average response time of 6 minutes or
less for all Priority t calls (measured annually).
2. Pnonty 2—Urgent Calls'. Properly equipped and slaff police units shall respond lo��nonty 2 calls within
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12 minutes or less (measured annually). r�t�� ,�;a.
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'PnonN 7 —Ememenw Calls are hfe-ihreatenino calls:felonv m orooress.orobabiliN of inwrv(cnme�or acade�l:robberv or�amc
alartns umen�cover calls from oRCers.Resoon5e Immetliale resoonse bv hvo oNcers(rom anv sou�ce or assianment immediate
res�onse bv oaramedicsffre d iniunes are believed to have occurred. • �,
'PnoriN 2—Uroent Calls are misdemeanor in orooress'oossibi6[v of inwrv:senous noo-routine calls(domestic wolence or other
distur4ances with ootemial for violenceh burolar alartns Resoonse:Immedia[e resoonse bv one or more officers fmm clear untls or
those on interruohhle activilles(Iraffc feld interviews.etc 1 ����p��n �.a��
Note. For qrowth manaqement oumoses, resoonse 4me includes dispatch'�and travel dime to the buildinq or
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site address. otherwise referred to as "received to arrive." �°�°� 'q�i
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Imolementation Measures: a%@� �
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1. Should the GMOC determine that the Priority 1 —Emergency Calls threshold standard is not being met due
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to grow[h impacts,then the city council should,within�60 days of the GMOC's report, schedule and hold a
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public heanng to: a)consider adopting a moratorium on'the issuance of new building permits; or b) adopt
other actions suffcient to ref�ify the defcienay(ies).
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2. Should the GMOC dete min`ePthat}the Priority 2—Urgent Calls threshold standard is not being met, it may
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issue a Statement of Concem:in its annual report.
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B. Fire and Emerg ne cy Me�cal�Sea ices.
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Goal:�To maintain,and4mprove the quality of fire protection and emergency medical services (EMS)m the city
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of Chula�Ysta.
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Objective: Ensure that Fire/EMS staR are properly equipped and trained to prowde the desired level of service
throughout the city.
Facility Master Plan: A minimum of every fve years,or whenever an update is needed,the city manager shall
bring a fire and emergency medical services master plan to the ciry council for their consideration. The master
plan shall include provisions for facilities, equipment and deployment.
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Threshold Standard:
Emergency Response: Properfy equipped and staRed fire and medical units shall respond to calls throughout
the city within 7 minutes in at least 80% of the cases (measured annualty).
Note: For growth management purposes, response time includes dispatch,tumout and travel time to the
building or site address. �
Implementation Measures: ���"�+'�1.
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1. Should lhe GMOC determine that the threshold standard is not being met due to growth impacts!'and the
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Faciliry Master Plan milestone targets are not being met,then the c ry,council should,withim60 days of the
GMOC's annual report, schedule and hold a public hearing to�c�ons der adopting,a mo atorium on the
issuance of buildin ��� ���
g pertnits, or b) adopt other actions suffiaent to rectify�th�deficiency(ies).
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2. The GMOC may issue a Statement of Concem in its annual report'if it determines that the threshold
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standard: a) is not being met, but the reason•�s not due to grow[h impacts; or b) is not being mel due to
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growth impacts, 6ut the Facility Master Plan�meeting its miiestone targets, in which case the Fire
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Department will address the adequacy of the Facility Ma�Plan.
C. Libranes. �' �
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Goal: To provide a high-qua`�ry;'conte.mporary librery system that meets the vaned needs of the communiry.
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Objective: Supplement�ezlsting libraries by providing and operating library facilities sufficient to meet the needs
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of ciN residentsaew-�eti+z{e�eai..
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Faci�ty,Master:Plan�'�minimum of every frve years,or whenever an update is needed,the city manager shall
bring a�Gbraries master plan to city wuncil for their consideration. The master plan shall define the adequacy
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of library facilities a�d equipment and what constitutes adequate staffing and appropriate hours of operation,
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and identify library square footage needs consistent with the threshold standard at buiid-0ut.
Threshold Standard: The city shail not fall below the citywide retio of 500 gross square feet(GSF)of library
space, adequately equipped and staffed, per 1,000 population.
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Implementation Measures:
t. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three
years(based on forecasted growth and planned improvements),then the city councilmanaQeF should_
within 60 davs of the GMOC's report. schedule and hold a public hearina to: al consider adoptina a
moratorium on the issuance of new buildinq permits: or b) adopt other actions sufficient to rectiN ihe .
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2. The GMOC shall be provided with an annual report that documents the appropriate,staffng leyel�
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equipment and opereting hours of library facilities over the past year current year operation;`-.and
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anticipated hours of operetion. Should the GMOC determine thst the libraries are not adequately staffed,
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equipped,or are not maintaining appropriate hours of operation, it may is�e a Staiement of Concern in its
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annual report. :�, �i� �.�,
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D. Parks and Recreation. �*.�?a �'��
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Goal: To provide a diverse and flexible system,which m zts both the active and passive recreational needs of
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the citizens of Chula Vista. ��
Objective: Provide public park and recreationa opportunities in a timely manner, implementing a 5-year master
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plan,which describes the location�facility improvemenis, and funding program for proposed neighborhood and
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community parks. :�;N�� �'�,�.�
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Threshold Standar��POpul�tio�.patio:,+Three acres of neighborhood and community park land,with
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approp,n�ate facilit;es, per 1,000 residenis east of I-805.
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Implementation Measure:�,
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1. Should th��MyOC determine ihat the threshold standard is not being satisfied,then the city council shall
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formally adopt and fund tactics to bring the park and recreation system into conformance.
2. If construction of needed new park and recreation facilities is not started within three years of the
deficiency reported by the GMOC,then the city council shall,within 60 days of the GMOC's report,
schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new
tentative map applications, based on all of the following criteria'
10
nrrnrunn[n�T � _ n�......•.,.� �a:r� �i.,.��....
Additional Edits
a. That the moratorium is limited to an area wherein a causal relationship to the problem has been
established; and,
b. That the moretorium provides mitigation measure to a specifically identified impact.
Should a moratorium be established, the time shall be used to expeditiousty prepare specific mitigation
measures for adoption,which are intended to bring the condition in�o conformance. A`ny such moratorium
�
shall be in effect until construction of the needed new park and recreation facilities lias c�om� menced.
f ��'t�f,��`$r
� �E. Sewer. ��'���, �
�� ��:
Goal: To provide a healthful and sanitary sewer collection and disposal system for the res d'enis'�of the city of
�' �,✓ `
Chula Vsta, consistent with the ciry's Wastewater Master Plan. � ��
p� ��,� '�
Objective: Individual projects will provide necessary improvemenis tconsistent vn'ih city engineering standards.
Y'i`r}�i �
Treatment capacily should be acquired in advance of demand. �.,� �
} ��
���
Threshold Standards: ,
t�� P;d;
1. Existing and projected facility sewage flows and volume�shall not exceed city engineering standards for
��
the current system and for budgeted impro sements, as set forth in[he Subdivision Manual.
f �'J
����
2. The ciry shall annually�ensure'adequate contracted capacity in the San Diego Metropolitan Sewer Authority
��ctf� 'F�.r
or other means sufficient to?meet the�projected needs of development.
���. ��
� ��
� $
Implementalion Measures: ��: {:
�� ��
�r
�i�, rJ
1. The city'.engineering department shall annually gather and provide the following information to the GMOC:
�+-aT -M=�'
`Y"�y �° '��€
a.�J�ount of�YUrreni capacity in the Metropolitan Sewer System now used or commiried and the status of
r
ChularVista s contracted share;
te�r
�
b. Ability of sewer facilities and Chula Vista's share of the Metropolitan Sewer System's capacity lo
absorb forecasted growth over the next five years;
c. Evaluation of funding and site availability for budgeted and projected new facilities; and
d. Other relevant informalion.
11
ATTA!'L111ACfJT ] - A.�......�...J C.J:4.� \/...�:..... '
Additional Edits
2. Should the GMOC determine that a potential problem exists with meetinq the proiected needs of
develooment wi�h respect to sewer, it may issue a Statement of Concem in its annual report.
F. Drainage.
Goal: To provide a safe and efficient s�orm water drainage system to protect residenis and property in the city
of Chula Vista. ���T
�kr. ,yi¢a'°k„
Objective Individual pro�ects will provide necessary improvements consistent with curreM�city�engineenng
A� �, ,��'
standards and local, state and federal regulations. �' �°a"y,� Fa,�
��, '�{�
Threshold Standards: ''�w!'. �����
.��_ ��re, f,�"'
1. Storm water flows and volumes shall not exceed city engineering stande�ds and sfiall comply with current
�y �-�
local, state and federal regulations, as may be amended from�time to time��
v r�, �,l
2. The GMOC shall annually review the performance of the city's sl�o�rm�drain system,with respect to the
b ��
impacts of new development,to determine it�N to meet the goal and objective for drainage.
. rCf� �`��J
� �i'
Implementation Measures: ���
�
1. Should the GMOC dete¢rmine that the ihresh�old standards are not being met,with respect to new
,F"' i�.t�'�'
development, then theicity manager should present to the city council,for their consideretion, a plan of
action that indudes tim ndg benchma°rks and a f nance plan that will bring the storm drain system into
,��' -r�a-.da
wnformance. Construc6on or'other actual solution shall be scheduled to commence within three years.
a�
d�:� ,-�. �`d'd'
.+�
i�•� r r1:�.
2. Should the GMOC dete'r'mine'that the threshold standard is not being met,with respect to existing
���$�f. ��� i¢��
d�evelopme�ty�Cmay issue�a Statement of Concem in its annual report.
�-a,�
'3�t `�y'.. �
pP £.
G.Traffic?P�p t��
Goals: ����
1. To provide and maintain a safe and efficient street system for all modes of transportation within the city of
Chula Visla.
2. To accurately determine existing and pro�ected levels of service (LOS)for motorists, using the Highway
Capacity Manual (HCM) performance measuremenl methodology.
12
nrrnrunncnir � _ n..,.,,..�„a raa.� v,,.�;,,.,
Additional Edits
3. To recognize the unique nature of urbanizing neighborhoods as destinations,and to establish a
commensurate street Gassification and LOS lhreshold that encoureges altemative modes of transportation,
such as public transit, biking and walking.
I4. To maintain a level of service value that represents a-M4ap-guali4y an acceotable level of traffic flow under
constrained operating conditions during peak periods of traffic activity.
Objectives: yr„
f�,r ���,�'��
�•�'1a ��
1. Ensure timely provision of adequate local, multi-modal circulation system capaGtyfin response lo planned
a �� ��,
growth, and maintain acceptable levels of service. +°ye
:e�,� '��,fi�'
2. Plan,design and construct new roadway segments and signaliz d�n}rsections to,maintain acceptable
.�.
LOS standards at build-out of the General Plan's"Land Use.and Transportalion EI ment°.
�eu �
•�i `r�y. �
3. Plan,design and construcl bicyGe and pedestrian infrastructure improvements pursuant to the most
e�curtent Bikeway Master Plan and Pedestria "�.��Maste�Plan.
9 �
� �
Threshold Standards: �
�
1. Arterial Level of Service (ALOS)for Non-Urban Streets: Those Treffic Monitoring Program(TMP) roadway
r�:
segments classified a�the�,tha,�n.Urban Streels in the"Land Use and Trensportation ElemenY of the city's
General Plan shall maintain�LOS=C"or berier as measured by observed averege travel speed on those
� r'�-s� e
segments; except,thai during�peak hou�r's`LOS"D°can occur for no more than two hours of the day.
�d� �g�
2. Urban Street Level of Serv ce�(ULOS): Those TMP roadway segments classified as Urban Streets in the
� �� �
"Lfa,n�d�U�se an�d'�Transportapio�Element"of the city's General Plan shali maintain LOS"D°or better, as
f� �`.'�-r ��.
�easured by observed or predicted average trevet speed, except that during peak hours, LOS "E"can
T r� �'-i��
occu7�r no more than two hours per day.
��`r�`�
Notes to Stand'ards.
1. ARerial Segment: LOS measurements shall be for lhe average weekday peak hours, exGuding seasonal
and special circumstance variations.
2. The LOS measurement of arterial segments at freeway ramps shall be a growth management
consideration in situations where proposed developments have a significant impact at interchanges.
13
AT�A!`LII�ACIUT ] _ /1...�....t...1 C.I:h� \/....�L..... '
Additional Edits
3. Circulation improvements should be implemented prior to anticipated deterioration of LOS below
established standards.
4. The cnteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the
procedures detailed in the mosl recent Highway Capacity Manual (HCM)and shall be confirmed by the
city's traffic engineer.
5. Level of service values for artenal segments shall be based on the HCM. ��� ��; -
� ��p� ���t
ti �
Implementation Measures: �I'�¢r' r
�f av'ip , �,
t�'�, �;�.
�
1. Should the GMOC determine that the threshold standard are not being met, due to growth impacts,then
.�,' o �"��
the city council should,within 60 days of the GMOC's report, schedule and hold a public hearing to
.�, ;�,�,�
consider adopting: a) a moratorium on the acceptance of new building pe�mits, or b) other actions
,��a`�P� °''�u,
sufficient to rectify the deficiency(ies). �+ �t t z
� r,
�bli.�
F�:�iA�. w��.�
2. The GMOC may issue a Statement of Concem�in,ifs.annual report�f;it�determines that the threshold
`.'r� "wp �7'
standard will likely not be met within three years, due�to growth��mpacts.
� A
3. The Department of Public Works shall annually report on,�gress made in implementing construction of
� �
facilihes listed in the Bikeway Master Plan�edestrian Master Plan,the Transportation Development
Impact Fee Progrem(.TDIF)�a d fhe Westem TDIF. •
�`���'}�,+�$i
r�
Monitoring Methodology 1¢ 'i= ��+
�� g� r
e,�
�
1. IdentiTy all Traffic Monitori g�Program(TMP)corridors and classify according to the latest Highway
� :f �r'`�,".
C�a�pa�ty,,�M�anual�(HCMj�mpthodology. Typically, a TMP roadway is tour lanes with a volume of 16,500
dnps and aYleast one mile and a half in length If the Average Daily Trip (ADT)-based level of service is"C'
r�� ��. v�p.J
or worse on a st�eet segment located within a city TMP corridor,then the city shall consider conducting a
e
r� F i
TMP measurement. ADT volume data shall not be older than rivo years.
ryr�d-
1�'
2. A TMP measurement shall consist of a two-hour AM peak period measurement, a two-hour mid-day period
measurement, and a two-hour PM peak period measurement.
3. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM.
4. Any speed collection and volume da[a methodology that utilizes the latest technology consistent with HCM
protocol can be used in obtaining arterial LOS, subjecl to approval by the city's traff�c engineer.
14
ATfA!'LlflAChIT ? — 1�........l...I C.lil� 1/...�i....
Additional Edits
H. Fiscal.
Goal: To implement land uses and activities that generate an adequate tax and revenue base that meets the
economic needs of the residents of the city of Chula Ysta,with new project development providing self-
financing of capital projects.
Objectives: �
��r .;��,�,.
1. Monitor the impacts of growth on the ciry of Chula Usta's fiscal well-being,considering.both operating and
df' �,_ 'vt
capital improvement costs and revenues. ��'��� �
�r �
2. Monitor and update the effectiveness of the development impac�ee�p�rLOgrams,considenng the appropriate
and timely use of such funds. �� `�f � `�
.�, � �
�
3. Monitor and update the effectiveness of various public fau�ty master pla s�,to ensure adequate funding will
< M.�
be available to meet the demands of grow[h.
� a�t�
�i
Threshold Standards: >? � �
� ��-�'
a
1. Fiscal Impact Analyses and Public Facilities Financing Pla�at the time they are adopted, shall ensure
��.
that new development^�^^'^ '�^ ���� �'a��•���T�°�aenerates suKcient revenue to offsei th=cost of
f+°
orovidina municioal services�and,facilities to that development.
i�
�h�� �+?r,
2. The ciry shall establish and�imaintain,;at sufficient levels to ensure the timely delivery of infrastructure and .
services needed to s`up'port g owth,co���tent with the threshold standards, a Development Impact Fee,
r r
capital improvement fund�g',�and o'ther necessary funding programs or mechanisms.
� � ��.
��'���. "�� ��;�
I mpl e�mentatio n?Mea su re s:
e� �y2 r j
���ry d� r'�i
1. Use`Fiscal Imp�aFct Anatyses (FIA)and Public Facitity Financing Plans(PFFPs)to evaluate and ensure that
're�,�, f�i
new development requiring the preparation of a SPA plan, or equivalent, pursuant to CVMC 19.09.040 and
'�
19.48, wntribute to the city's fiscal well-being by generating revenues and related economic actnrity that,at
a minimum, offset the cost of providing municipal services for the new development.
2. The GMOC shall be provided with an annual fiscal impact report ihat provides an evaluation of the impacts
of growth on the city in terms of operations and capital improvements.This report should evaluate actual
grovrth over the previous 12-month period,as weli as projected growth over the neut 5-year period.
15
ATf/1!'LIMCflIT '] — /1.�.,....�...1 C.I:f� \/...�7....
Additional Edits
3. The GMOC shall be provided with an annual"development impact fee report,"which provides an analysis
of development impact fees collected and expended over the previous 12-month period and projected for
expenditure for projecls included within the DIF programs.
19.09.050 Threshold Standards for External Facilities and Services.
_ . . ..............._....................................,...................... .. . .... ............................ ,.....................................___..............,..............._............
A. Air Quality and Climate Protection. ,�,
r
Goal: To mainlain and improve the ambient air qualily enjoyed by ihe residents of Chula•Vf�s4a.f-�F'_`'��,p
�a '�' ��
Objectives: %? ��
�� ��
d" tv' �
1. In an effort to address the impacts of transportation and building�,rel ed energy use at both the regional
JN'�' �'cy �.�'!f
and local level, the city shall endeavor to implement applicable`air quality.,improvement strategies and
�s '+:�
progrems thal meet or exceed those established through t e�current adopted Regional Air�uality Strategy
�d dM"h �,t
(RAQS), California's Global Warming Solutions Act of 2006 (AB32), and the.Chula Vista Climate Protection
Program. � ��`�,i..�
.
'�, �,� �,�}.
2. In an effort to maintain and improve ambient air quality,the city'�shall endeavor to locally mitigate any new
ai «q.
stationary source development projecYs criteria air pollutant=emissions that exceed local air quality
l�rvs
standards. ,{,o
F�'
{� �a����r�,�`.ia
Threshold Standard. `�� Fd�{�
r'�.:r; �"s�
,� �
The city shall pursue a greenhouse gas emi sions reduction target consistent with appropriate city dima�e
tAy�¢a�a. �
change and energy effciency+regulations in effect at the time of project application for SPA plans or for the
� p
following, subjecYt�e discretio of the Development Services Director.
��¢�`�'�' �a�` '��.
�
a,r�y,�, Residen[ial',p ojects of 50 or more residential dwelling units;
b. "�'°p+ Commercial projects of 12 or more acres (or equivalent square footage),
�t. ,:r�r
c. Industnal projects of 24 or more acres(or equivalent square footage);or
@
d. Mixed use projects of 50 equivalent dwelling units or greater.
Implementation Measures:
1. In order to determine compliance with the air quality and climate protection threshold standard, ciry staff
shall provide the GMOC with an annual report that evaluates the city's progress toward adherence with
16
nrrnrunnrn�r � _ n....,,.,t„a [a:t� �i...��...,
Additional Edits
relevant federel, state, regional, and local air quality improvement s[rategies, regulations, and programs.
The report shall include the following:
a. An overview and evaluation of local development projects approved during the prior year identifying
, compliance levels and progress lowards meeting the air quality and climate protection threshold
standard.
b. An assessment of whether the greenhouse gas emissions reduction levels shou�e revised based on
-�'
updated state and federal standards, as applicable. �� ~�� ��
'�! �'�
c. Additional information on non�evelopment activities being undertaken by the G�it�hat�nt�te to
meeting or furthering the air quality and climate protection t�h�re�s�old standard. includino the ciN's most
p' rr
recent qreenhouse qas emissions inventorv. kQQ�, tp'�j
:��¢, ���
2. After the city prepares an annual evaluation report, it shall provide a copy of�he report to the Air Pollution
Control District(APCD)for its response. The APCD should provide the city with a report on overall
.��°-`-��� �-'
regional and local air quality conditions, the s�fatus o�regional air qualiry improvement implementation
ri ti
efforts under the Regional Air Quality Strategy and related federal and state programs, and the effecl of
�
those efiorts/programs on the city of Chula Vista and I'ocalp nning and development activities.
��e
3�
3. Should the GMOC determine that a deficien�y exists with respect to any of the above air quality and
� i�
Gimate protection implementation�measures,either localy, regionaly or both, it may issue a Statement of
�� a�
Concem in its annual report:� ����
P�
F
B. Schoois i?��_� P�r
,�,� ��.
�
GoaI:,�To en�ure that the Chula Vista Elementary School District(CVESD) and Sweetwater Union High
f ±�. °`�
School;District(SUa SD)�have the necessary school sites, infrastructure and funding mechanisms to meet the
tt,�,
needs of student�new development areas in a timety manner.
���
�
06jective: Provide school district personnel with current development forecasts so that they may plan and
implement school building and/or allocation progrems in a limety manner.
Facility Master Plan: The GMOC will request updates of the school districts'facilRy master plans or equivalent
documents that define the schools' esseniial faciliry needs necessary to provide adequate physical
accommodation.
17
nTrnrunn[n�T � _ n��....�..a ca�+� �i,..��....
Additional Edits
Threshold Standard:
The city shall annually provide the Chula Vista Elementary School District(CVESD)and the Sweetwater Union
High School District (SUHSD)with the city's annual 5-year residential growth forecast and request an
evaluation of their ability to accommodate forecasted growth, both citywide and by subarea. Replies from the
school distncts should address the following:
��p�;.
Y
1. Amount of current classroom and"essential facilily"(as defined in the Facility Maste aPlan),capacity now
a�i�"�$'""�'�
used or commined; �k��¢ '`� ;��
d,' +'� �`�
2. Ability to absorb forecasted growth in affected faalities and identification of what facilities need'to be
.�'� �;� -
upgraded or added over the next five years; �a� µu� �}�.
.
i�. ��+� �+�,�
3. Evaluation of funding and site availabiliry for projected new facilities identified; and
{�}�� y�
� �
4. Other relevant information the school district(s) desire(s)to co�unicate to the city and the Growth
,.. 'Fd��',,
Management Oversight Commission (GMOC)��a'",e�
fr ���
�a ���
Implementation Measure: �� �
i�P .���r
L��,'�
Should the GMOC determine that a capaciry prohlem exists with respect to physically accommodating
��
students, either currently or-within;the;next five years, it may issue a Statement of Concern in its annual report.
�
The annual report shall be provide�d'io�both school distncts,with follow-up,to assure appropriate response.
� �r
LP� ����
C. Water
:i�'u�. �`a� J .
. �.� ��a �.�
Goal. To ensure[�t adequa�e �upplies ot potable and recycled water are available to the ciry of Chula Vsta.
�� a
��.�; `��{ y
Objecti�s: s �d�a�
����^ �
1. Ensure that adequate storage,treatment and transmission facilities are constructed concurrently with
r���,
planned growth.
2. Ensure that water quality standards requirements are met during growth and construction.
I3. Encourage diversification of water supplv wateFCOnservation and use of recycled water where appropriate
and feasible.
18
I �rrnrunn�niT � _ n........•..a �a:t� �i,,.��..,,
Additional Edits
Threshold Standards:
1. Adequate water supply must be available to serve new development. Therefore, developers shall provide
the city with a service availability letter from the appropriate water district for each project.
2. The city shail annualty provide the San Diego County Water Authority, the Sweetwater Authoriry and the
Otay Municipal Water District with the cit�s annual Syear residential growth forecast and request that they
provide an evaluation of their ability to accommodate forecasted growth. Replies sho�d address the
following: �� ��f���+�'�,
� � �
��
a. Water availability to the city,considering both short-and long-term perspectives.
�' 4�
b. Identify current and projected demand, and the amount�r ent capacity, including storege
capacity, now used or committed. � ��'ti `��
c. Ahility of current and projected facilities to abso�o�r�ted gro��
F t
� t �
d. Evaluation of funding and site availabil`�ity�fo�projected.new facilities.
o-� f�
J
e. Other relevant information the district(s)desi e to''c.�o�mmunicate to the ciry and the Growlh
��.
Management Oversight Commissi�om(GMOC).
� f�a�y '
Implementation Measure: �.r�, ,ap
���
� �� =�
�
. Should the GMOC determine that''a current o potential problem exists with respect to water, it may issue a
Statement of Concem in�its�annual r�eport.
� _ �y..��
19.0�O�Amendments�and Supplemental Threshold Standards.
�� �F
These�standards�y be�amended from time to time on approval by the ciry counciL (Ord.2860§§ 1, 2,2002;
,��y �
Ord.2859§'1;2��; Ord. 2748§3, 1999; ord. zass§ i, 1991: Ord.2448§2, 1991).
��r
19.09.070 Moratorium on Building Permits Allowed •
A. Imposing Temporary Limits on Building Permits
19
nrrnrunn�n�T a _ n....,...r..a r.a:r� �i...��....
Additional Edits
The city council may, by ordinance, impose a limit on building permits for construction of residential and/or non-
residential development after making specific findings as to the health, safety and welfare concems of
continued development, as set Torth in"B"below.
B. Findings Required �
Prior to adopting an ordinance imposing a limit on building permi�s,the city council shall consider making one
• "":
or more of the following fndings: � �'��� :��
y i,�2�.���
�1e#� i� �Ya�
1. That continued development will make it unlikely for the intent of the Growth�'Management Program to
� 1d?-�, .yd'�,d
be achieved, as expressed by the"Growth Management ElemenY'of the General'Flan anii'this
,�otdC ��Pit:�i'
chapter. ���yP ��ir
dS,.
;
2. That continued developmenl will cause deteriora[ion of Ihe city's quality of life�and compromise the
�yy �h �J
heatth, safety and welfare in the city of Chula Vista. ��,w';� ��
3. Tha[continued development will strain the ciry's fiscal resou�ces an ab�to deliver high qualiry
,M��
services to aIl its residents. {a�3�f'� �,
cR' }'�dd�� �
i `p ,m*
�si av,�
C. Procedures for Implementing Limits on Building Permit���
a°��
�;
If the city council makes ihe necessary required;findings to impose a limit on building permits, then it shall
f
� aT;a
adopt an ordinance that specifies;a1�t
r.y
`"�`��`� °'�
�`°`�`¢. �'��,„.°;
1. Area where lhe�moratorium�applie�
�� `�.. �v`,.
2. Duration of lhe�moralonum(when it begins and ends),
�' �A
3. Any exem�ns or except ons or conditions. These shall be consistent with the overall objectives of
�'�'ar:e �� �y,a?3'
-$��'the c�cti n;and broader land use policy. Exemptions could include"affordable"housing units (units
-�f.-{! «��� �d�J1
:sold or rented at tielow market rates to meet the city's Housing Element requirements). Exceptions
���'r. �d
migh�;��tle units that have been allocated as part of a separele agreement (e.g., a development
agreement);
4. Any conditions that would allow the moratonum to be lifted prematurely; and
5. How the building permits shall be allocated.
20
I �rrnrunncniT a _ n��....«..a �a:.� v,..�:,,.,
Additional Edits
19.09.080 Requirement for Public Facilities Finance Plans (PFFP), Air Quality
Improvement Plans, and Water Conservation Plans.
A. Public Facilities Financing Plans.
No application for a SPA plan,or, if an SPA plan is not required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by a PFFP which has been approved by the city;or F ���.,��
���' �+
N �
2. A PFFP ,that inGudes the project, has already been initiated; or '���
�
3. The applicant initiates the preparetion of a PFFP. `���r `�'`�'�
.�� � �
The PFFP may be waived by the city council upon a showing,that there are no�public f�iiities, infrastructure
7��`,F� ��w
and service needs warranting the preparation of a PFFP. � �� �F�
��p
�
B.Air Quality Improvement Plans. No application;for=a`SPA plan,or, if an SPA plan is not required,no
f3' ° F
application for a Teniative Map shall be deemed comple�te{or accep�d for review unless:
F¢ T
!
�
1. It is accompanied by an Air Quality Improvement��that has been approved by the city;or
�'
2. An Air Quality Improvement P-lan thafincludes the project, has already been initiated;or
�� ��
��� ��
3. The applicant initiate�*he preparation of an Air Quality Improvement Plan in such form and/or
containing such,informaUOn; includ��i g maps, drawings, diagrams, etc.,as the ciry Development
.•`.��� �r�`
Services Direcior shal4require+
� � �d
�'�n + F�a- 'd
The reauired�contents of an Air•Qualiiv Imorovement Plan are outlined in Aooendix A oi the ciN's Gro�✓�h
�'. 'iT.: ���
Manaoement Proa2m lmnlementaFion Manual. as mav be amended from time to time.
:�r te
��A .'���
C.Water Conservation Plans. No application for an SPA plan,or, if an SPA plan is not required, no application
r�
for a Tentative Map, shall be deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan that has been approved by the city;or
2. A Water Conservation Plan,that includes the project, has already been initiated; or
21
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Additional Edits
3. The applicant initiates the preparation of a Water Conservation Plan in such form andlor containing
such information, including maps, drewings, diagrams, etc., as the city Development Services Director
shall require.
The reauired contents of a Water Conservation Plan are outlined in Appendiz B of the citJs Growth
Manaqement Implementation Nranual. as mav be amended from time to time
D. No SPA plan, nor any Tentalive Map, shall be approved, or deemed approved,witho�ut an approved PFFP,
�w� v.e�y�i6`
an approved Air Quality Improvement Plan and an approved Wa�er Conservation`�Plan.To pro ide corisistency
�.'�t�".,. ��
and implementation of said plans,the city council may impose any condition to the approval of a SP-�A�plan or
��.
Tentative Map necessary to implement the PFFP,the Air Quality ImproJement Plan,the WaterConservation
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Plaq Ihe Grow[h Management Program, or the Facility Master Plans d`,�g �Y
_ 1� ��
l��. ��.
E. No Final Map shall be approved until all the conditions of tYe�PFFP, the Air Quafity Improvement Plan and
� af�. a�a
the Water Conservation Plan have been met, or the project applicanf-has provided adequate security to the ciry
��`��d
that said plans will be implemented. .��' ., �
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F. No other discretionary planning approvals shall be granted unless�the ciry council finds that the project is
� �d
consistent with an approved PFFP, an Air�uality Improvem�erit Plan, and a Water Conservation Plan.
�
G. No building permit shall be issued,unless th'�ermit is consis�ent with any applicable PFFP,the Air Quality
y��
Improvement Plan and the�WatenC�ervation Plan and all applicable fees, including, but not limrted to,
'd' s�
development impact fees,traf c impac�t ees,`drainage fees, school fees, park fees, sewer fees,water fees,or
,Y' �+��1.` .�1.�._
other development feesfadopted by the city council, have first been paid or provision for their payment has
t�'d �i+. ��P'
been made to the satisfaction�of�the city council.
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1�`,�:*,��'���.. ��.�?.r�
H. No'development shall occur in a PFFP area if the demand for any public facilities, infrastructure and
J M
servl es;exceeds c�.'apac ry'and it is not feasible to increase capaciry prior to complehon of development unless
the mea s$schedule and financing for increasing the capacity are established through the execution of a
.����.
binding agreemenl providing for installation and maintenance of such facilities or improvements in advance of
the ciy's phasing schedule. (Ord.2790, 1999; Ord. 2448 §2, 1991).
19.09.090 Public Facilities Finance Plan (PFFP) Contents.
A. The required contents of a Public Facilities Finance Plan (PFFP), includinq a fscal imoact analvsis are
outlined in Appendix C of the city's Growth Management Program Implementation Manual, as may be
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Additional Edits
amended from time to time. The fiscal analvsis/economic imoact reoort shall be orovided for each or000sed
proiect and the oroiect shall be conditioned to orovide fundina for oeriods where exoenditures exceed oroiected
revenues.
19.09.100 Public Facilities Finance Plan (PFFP) Preparation___ _ ___ _
A.A PFFP,an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently
with the SPA plan or Tentative Map. �
1P��t ���
F �a� ��j
B.A PFFP may be initiated by filing an application with lhe Development Services�Director. The applirant shall
�i �t`. ��`
pay a deposit at the[ime any application for a PFFP is accepted �� •
��
�` a9.
C.A PFFP for a project shall be prepared by the city, or a consultant selected by the city,according to the
Y"' �
procedures established by this chapter. � '�
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� �
D.The cost of PFFP preparetion shall be advanced to the city'by hte:applicant and any participating owner or
owners pnor to PFFP preparation. (Ord. 2790, 19�-�O�rd. 2448 § 2, 1 91):�
19.09.110 Public Facilities Finance Plan (PFFP;Review'. �
-------------- --- -----�---......---°----------------...._..--
A. PFFPs shall be reviewed according to the following pror'`�.edu�'t
f�
1. A completed PFFP complying with this ch�er, and accompanied by a processing fee in an amount
established 6y city cou�n_�I res�oli tion, may be submitted to the Development Services Director for
PS
processing. If the Devel p ent Services'Director determines that the ptan complies with the provisions of
this chapter,the Dir'ec��shall accept t�h�e PFFP for review. Once the PFFP has been reviewed and
�j �{�� `'.�,
complies with�e provisions of.this chapter, it shall be set for public hearing before the planning
E� �m� ��
commissi�toget�her with,the accompanying development plan.
� ��f ����
2. he�hearing shsll be noticed according lo the provisions of CVMC 19.12.070.A staff repoA containing
��'r. �
recommendations on the PFFP shall be prepared and fumished to the public, the applicant,and the
����
planning commission prior to the hearing.
3. The planning commission shall hear and consider the application and shall by resolution prepare
recommendations and findings for the city council. The action of the commission shall be filed with the city
clerk, and a copy shall be mailed to the applicant. �
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Additional Edits
4. When the planning commission action is filed with the city clerk,the clerk shall set the matter for public
hearing before the city wuncil. The hearing shall be noticed according to the provisions of CVMC
19.12.070.
5. The city council shall hear the matter, and after considering the findings and recommendations of the
planning commission, may approve, conditionally approve, or deny the plans. The city council may include
Y
in the resolution adopting the PFFP any fees or facilities improvemen� requirements'provided for in city
ordinances in order to implement the Growth Management Program, the facility mase��plans��and the
PFFP. ar-s�� -a-�'q• ;'�.A
� ��;� ��
� �:
6. A PFFP may be amended following the same procedures for the original adoption. (O d»2790, 1999; Ord.
' S ��€'`
zaaa§z, issi�. �,��� �,� Fw�
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19.09.120 Public Facilities Finance Plan (PFFP) I plementation�
,.
� �4t+�. �F
A.The Development Services Director shall ensure that PFFPs are prepared for all SPA plans and Tentative
'��ik e�"d
Maps, or equivalenl projecls pursuant lo CVMC F 9 48;�i �,¢��'�
p J�
`` �"y �',�.
B. In the event that the Development Services Director or•his designee finds that the pro�ect is not in substantial
compliance with the PFFP as modified or amended, the de elope may be deemed to be in default and
':d'
continued issuance of building or developmen�,p rmits may be affected. (Ord. 2448§2,1991).
�� �����
nce Plan (PFFP) Amendment.
A.Ado tion of a PFFP�� R �� .��_. . ... .. .. ... ... .... .............. ............ . ....................... .. . . . ..... . ..
ities;Fina
. u ic aci
�.;....... .
��
�x,��
p s riot establish-any entitlemenl or right to any particular general plan or zoning
� �
designation or any�rticular de�eloprtSent proposal.
F�'�
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Vi� 9d`P '��'
B. If the��Development Services:Director, pursuant to CVMC 19.09.110, determines that facildies or
�� pt��
improyements within a PFFP are inadequate to accommodate any further development within that area, lhen
i�,,, �jr7 '��
development shall cease or be metered un[il a remedy is implemented. If the Development Services Director
�p�� ��
determines ttiat such events or changed circumstances adversely affect the health, safety or welfare of the city,
'�t�'
the ciry may require the amendment, modification, suspension, or termina�ion (hereinafter"change")of an
approved PFFP. If the city requires such change,the city shall (1)give notice to applicant or owner of(a)lhe
city's intended action to change the PFFP, and (b)the reasons and factual basis for the city's determination; (2)
give notice to the applicant or owner, at least 30 days prior to the hearing date, of the hme and place of Ihe
hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall
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Additional Edits
have the right to present witnesses, reports,and orel and written testimony. Prior to approving any change,the
ciry shall find that(i)the circumstances were unknown or that the circumstances have changed; and(ii)ihe
health, safety or welfare of lhe community requires the change of the PFFP. This provision shall neither limit �
nor expand the rights of liabilities of either of the parties with respect to[he PFFP or the development of the
property.
If, after notice and hearing,the council determines that a deficiency exists, then no furthe�ilding or
development permits shall be issued within the affected area and development shall cea��se�untilgan�amendment
f p'� �e�
to the applicable PFFP mitigating the deficiency is approved by the ciry council. �'�� �
C. The ciry wuncil may initiate an amendment to any PFFP at any time'if;�in its discretion#'�'�f detertn'�ines that an
4
amendment is necessary to provide adequate facilities and improve e tsrand subsequent p�rmits will be
`"� `��
conditioned on confortnance. (Ord. 2448§2, 1991). �p� �,�
�� `��' ��d:
19.09.140 Exceptions and_Exclusions__ ________� __ ?,��______
_-------..._..--
F����
A. Exceptions. Nothing in this chapter shall alter•o amend the tertns and conditions of any development
_� ��
agreement entered into between the city and a develope`r.sa,� �;�
�i �,�
B. ExcWsions. Development projects which consist of faci h�or structures constructed by a city,counry,
special district, state, or federel govemment or�ny agency, depaAment,or subsidiary thereof for govemmental
eG ��_��.
purposes are excluded fro�the p�jsions of this chaptec To the e�Rent that the city has authority to regulate
�+:'P� �.T
such development projects, s�gprojects shall not be exempt. For example, any private development
occurring on land leased�from a public age�would not be exempt. This exGusion shall not apply to
development projects to�h�hia;poss'essory interest tax would be applicable. (Ord. 2448§2, 1991).
E�� �� ���•
' _ �r ,P.
19.09:150�Exten'sions of�P.rior Approvals._
_ _.._. ...______ -- -.....---......_..____........---- _____.._..--
�,�;---_-•:,-�'-
0�y ����
After app�oval of an�applicable PFFP for a development project, an extension of the expiretion date of a
�� ��
Tentative Map may,onty be grented if the project is in conformance with the PFFP and the Grovrth
>
Management Program. The extension may be conditioned on such matters as the city deems appropriate or
necessary to make the Tentative Map conform to the PFFP and the Growth Management Program, induding,
but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show
compiiance with the applicable PFFP. (Ord.2448 § 2, 7997).
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Additional Edits
19.09.760 Obligation to Pay Fees or Install Facilities Required by Any Other Law.
- _ ....... .........
Nothing in this chapter shall 6e construed as relieving a builder, developer or subdivider from any requirement
to provide public facilities,to dedicate property or to pay fees,which requirement is imposed pursuant to this
title or pursuant to any ci�y council policy. (Ord. 2448§2, 1991).
19.09.170 Implementing Procedures.
�._. ..........................._......... ..
�,�
The aty council may adopt any procedures it deems necessary to implement this chap�e�r including procedures
.:,��:,,:�:���
for adminis[ering the Growth Management Progrem or facilily master plans. (Ordl2448 §2;1991). x
w`�O�iM V'�d
19.09.180 Council Actions, Fees, Notice. � �''� �'�
A.Whenever this chapter requires or permits an action or decision�o�h���ty council, that a
........................... .... .... �
r�p��
ction or decision
� 'a
shall be accomplished by resolution and/or ordinance,as appropriate. �',� ��fi.�
��v
���s. L�
B. The city council shall establish application and processing fees�for,�the submission and processing of Public
Y
Facili[ies Financing Plans (PFFPs). ��� ��`�:�o�'��
� F "s�l' '��
C.Whenever written notice is required to be given fo property owneys under this chapter, the notice shall be
�� �
mailed by first class mail to the owners shown on the last equaliied assessment roll. (Ord. 2448§2, 1991).
����
1°�'
19.09.190 Severebility. �'
...... ....... ._...._.._..................... .........._. . . . ..,.e....... . .... .. . . . . .. . ,.....,....... . ... ...........__.......... ... ._.._....
. f`� ��T�¢' .
If any sec6on, subsection,�sentence,:clause or phrase of the ordmance codified in ihis chapter is for any reason
i? �` 1
�?.��� �u
held to be invalid or unconsti[utional by the decision of any court of competent junsdiction, such decision shall
r ..i ��,
e
not affect ihe validity of the�remainin"g,portions ot the ordinance codifed in this chapter. The ciry council
r�p a ...
declares that it would have p sed the�ordinance codified in this chapter, and each section, subsection,
,r��` �ii �� .
sent��.y,Cl�use a��phrase tye�eof, irrespective of the fact that any part thereof be declared invalid or
unco pstrtution�g(Ord�2448 §2,1991).
� � '�f
i�1e'� Y��� .
19.09.200rFacility Master Plans.
_..................... .................
�,�� .............................._........ .........._.
The ciry shall maintain a series of facility master plans, as may be amended from time to time,for infrastructure
and services throughout the city that regard the ihreshold standards in this chapter, including, but not limited to,
police,fire and emergency services, libraries, parks and recreation,wastewaler, drainage and circulation. In
anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and
pro�ected demand, and proposed maintenance and capital improvement projects. They shall also identify
financing plans to accomplish identified improvemenis.
26