HomeMy WebLinkAbout2015/03/03 Item 3 - Attachment 2 Item 3— "Clean" Version of Attachment 2
Chapter 19.09
GROWTH MANAGEMENT
Sections:
19.09.010 Purpose/Intent, Policies and Findings.
19.09.020 Definitions.
19.09.030 Growth Management Program Implementation Manual.
19.09.Oa0 Threshold Standards for City Facilities and Services. �
19.09.050 Threshold Standards for Exiemal Facilities and Services.
19.09.060 Amendments and Supplemental Threshold Standards. '. �
19.09.070 Moratorium on Building Permits Allowed. ,
19.09.080 Requirement for Public Facilities Finance Plans(PFFP), Air Quality Improvement
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Plans and Water Conservation Plans " � Q
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19.09.090 Public Facilities Finance Plan_(PFFP) Contents. '
19.09.100 Public Facilities Finance Plan(PF.FP) Preparation:" .
19.09.110 Public Facilities Finance Plan (PF,FP) Review�
19.09 120 Public Facilities Finance Plan (PFFP) Implementation.
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19.09.130 Public Facilities Finance Pian (PFFP)Amendment.
i9.09.140 Exceptions and Exclusi�,
19.09.150 Ex ensions of Prior Approvals.
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19.09.160 Obl g tion to Pey Fees or Instail Facilities Required by Any Oiher Law.
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19.09.170 , I�plementin\\cedures.
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19 09.180 �Council Actions;�Fees, Notice.
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19.090�190 Severability�
�19.09 20 00 Facility Master Plans.
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19.09.010 Purpo'se/lntent, Policies and Findings____ __
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A. Purpose/Inte\ -'
The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista's
General Plan for Chula Vista's Growth Management Program; 2) Codify threshold standards designed to
assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently
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.
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B. Policies
It is the policy of the city of Chula Vista to:
1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this
chapter, and are provided in advance of, or concurrent with, the demands created by new development;
2. Assure that individual development projects measure potential impacts upon public,f c hties, infrastructure
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and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in
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3. Provide quality housing opportunities for all economic segments of the community; � �
4 Provide a balanced communiry with adequate commercial, ind'ustrial, recreational and open space areas to
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support the residential areas of the city; � '�� '�
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5. Balance the regional housing needs against the public service needs of�Chula Vista residents and available
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fiscal resources, environmental constraints, and qual ty of I�e consilerations;
6. Provide that all development is consistent with the Chula Vi����eral plan;
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7. Provide the City Council the regulatory framework to limit or prevent additional development if certain public
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facilities, infrastructure and services meetmg the threshold standards set forth in this chapter are not provided
in a timely, phased and logical mariner, s�`re\i�d by the General P/an;
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8. Control the timing and location�of development by tying the pace of development to the provision that public
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faalities, infrastructure and service's conform to the city's threshold standards, and to meet the goals and
objectives of the Gr�owth,Management Program;
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9. Promote orderly revitalization and redevelopment of older portions of the city, including the Urban Core and
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the commerciafcorridors; �
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10. Provide that the air quality of the city of Chula Vista is maintained consistent with applicable standards;
11. Require development to conserve water so that an adequate supply is maintained to serve the needs of
current and future residents.
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C. Findings. The city council of the city of Chula Vsta 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;
2. New development demand for pubiic facilities, infrastructure and services, if not concurrently met with
expansion of public facilities, infrastructure and services,would result in facility and service shortages,
including, but not limited to, streets, schools, libraries and general govemmental faciliti s�These shortages
would be detrimental to the public health, safety, and welfare of the citizens of Chula V�I\`; ���.
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3. The city has adopted and regufarly updates facility master plans to ensure adequate infrastructuie and
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services will be available to support the build-out demands of the adopted General Plan:•� , - �
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4. Since 1991, the city has maintained a growth management ordinance to achieve�"Purpose°outlined in
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"A', above, and has adopted a variety of related fee and funding programs to ensure that public improvements
keep pace with growth. ` � �
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5. Chula vsta's adopted General Plan includes provisions.requi�facilities and services in advance of, or
concurrent with, growth.
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6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are available
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in advance of, or concurrent wiih, development is consistent with the city's policy to provide housing
opportunities for all economic segment\f th��munity. Development of housing for low-and moderate-
income persons and families would most likely occur in areas of the city that are designated for highest
development priority. � �� �`'
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7. AdopU o this chapter will'not adversely affect the regional welfare. By providing that adequate and safe
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public,facilities, infrestructure and services will exist to serve all of the development in Chula Vista, and
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because many of these facilities and improvements are used by persons residing in neighboring areas and
cities, the public�I h, safety and welfare of the whole region is enhanced.
8. This chapter will further the policies set forth above by: a) requiring identification for all public facilities,
infrastructure and services required as a result of development; b) prohibiting or limiting development until
adequate provisions for certain public facilities infrastructure and services are made within the ciry, 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 involved in providing
services to the residents of Chula Vista, including school districts and water service purveyors.
19.09.020 Definitions.
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Whenever the following terms are used in this chapter, they shall have the meaning established by this section
unless from the conteM it is apparent that another meaning is intended.
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A. "Air Quality Improvement Plan" (AQIP) means a project-specific Air Quality Improvement Plan prepared and
approved in accordance with CVMC 19.09.080, and Appendix A of the Growth Manageinent,Prog`ram
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B. "Available facility and service capacity" shall be determined by the•Development Services Duector, using
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generally accepted planning standards and cnteria, including the fFireshold standards set'foith in this chapter.
Specific facility service capacity shall be determined by subtracting from tli otal capacity for a specific facility
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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" means those areas of a predominantty u"�rban character where development
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has already occurred and public facilities, infrastructure and services�serving that development are in place.
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D. "Development" means any land use, building o�,�o her alteration of land and construction incident thereto.
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E. "Development Services Director,"or"Director" means the Director of the city's Development Services
Department or their designee. ' `�l''•
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F. "Discretionary plannirig approval",means any permit, entitlement or approval issued under the authority of
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the zoning and subdivision titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such
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as zone chariges, Genera/Plan amendments, Sectional Planning Area (SPA) plans or General Development
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Plan approvals or�amendments
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G. "External 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 safety facilities, infrastructure, 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 storm drain facilities,
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sewer facilities,water facilities, lighting facilities or other govemmental services, required to be identified in a
Public Facilities Finance Plan.
I. "Facility Master Plan° means any adopted master plan for future facility needs for services associated with
the Growth Management Progrem's threshold standards, including, but noi limited to: sewer, drainage,water,
police, fire and emergency services, libraries and parks.
J. "Facility and service capaciry° means the maximum amount of development which couid take place prior to
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increasing the number or size of a facility or the level of service as determined by applying the appropriate
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threshold standard.
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K. °Growth Management Program Implementation Manual° means a plan prepared and approved according to
CVMC 19.09.030 which estabiishes compliance with the thresho�s d;rds, as provided in CVMC 19.09 040
and 19.09.050. �
L. "Moratorium" means buiiding permits will not be issued r an area that ha�n identified as having a direct
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causal relationship to a specified threshold standard failur�ty"'council must make specific findings and foiiow
specific procedures as provided in CVMC 19.09.070. +� �
M. "ProjecY means the activity for which either an application for a Sectional Planning Area (SPA) plan a
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Tentative Map (TM), a ConditionalfUse'Fermit (CUP), or a similar activity has been or is required to be
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submitted and which may be subject to discretionary approvals by the city.
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N. "Public facilities finance plsn.(PFFP)°mea ajproject specific Public Facilities Finance Plan prepared and
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approved in accordance�with CVMC,19`09.080 throuqh 19.09.130. and Aooendix C of the Growth Manapement
Proqra/m Implementatron Ma��l�
O. "SPA,pl�eans 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 i s e� its annual report: 1) for an extemal public facilities and services threshold standard, to
highlight what action the city can take in order to solve a specified issue and encourage further or additiona�
inter-agency cooperation/coordination. There may also be a recommendation for the issuance of
correspondence or a resolution by the city council to the extemal 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 organization, budget priorities, and responsiveness to
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previous GMOC requests; or 3) in response to an overall or general quality of life consideration, irrespective to
whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a
finding or make recommendations regarding city management, organization and budget priorities.
Q. "Substantial compliance" means performance meeting the intent of the parties with respect to the obligations
imposed pursuant to the PFFP. (Ord. 2448 § 2, 1991).
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R. "Threshold standards" means those certain standards identifed in CVMC 19.09.040�and 19.09.050
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specifying the facilities and services required ro support the present and future needs of the�fcity`.
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S. "Transportation Monitoring Program (TMP)" means the technical analysis of tFaffic operation o�.urban and
suburban arterials with average weekday traffic volumes greater than 20,000 vehicles'peryday^,The TMP shall
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be based on the current Highway Capacity Manual, as may be amended from time-to-time.:The technical
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analysis shall be conducted annually or as directed by the city council in order to monitor actual traffic
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operations and to predict future traffic levels and related deterioration in the level of service.
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T. "Water Conservation Plan" means a project-specific water conservation�plan prepared and approved in
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accordance with CVMC 19.09.080, and Appendix B of the Growth Management Program Implementation
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Manual. ,�.
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19.09.030 Growth Management Program Implementation Manual.
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A. The city council shall adopt�by resolution, a Growth Management Program Implementation Manual that
specifies how the policies and t<h�re hold standards set forth in this chapter are to be implemented, and, in so
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doing, assure that new develo/pment does�not occur unless public faalities, infrastructure and services
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consistent with the.th�eshold standards are available in advance of, or concurrently with, development.
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B. The�Growth Management Program Implementation Manual shall incorporate and interpret the threshold
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standards as set fo thiin this chapter.
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C. The Growth Management Program Implementation Manual shall incorporate, by reference, the adopted
facility master plans prepared by certain city departments, and shall address air quality and fiscal issues.
D. The Growlh Management Program Implementation Manua/shall provide procedures for implementing any
limits on building permits established pursuant to CVMC 19.09.OZ0, and address growth-related fiscal and
economic issues.
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E. The Growth Management Program Implementation Manual shall define the contents of Public Facilities
Finance Plans (PFFPs)that are required for all development projects pursuant to CVMC 19.09.080.
F. The city council shall appoint a Growth Management Oversight Commission (GMOC), and the GMOC shall
annually prepare a report and, upon doing so, the GMOC shall submit such report to the planning commission
for input and recommendation, and to the city council for their action.
G. The city council shall annually review and, by resolution, act upon the Growth Management Oversight
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Commission'sannualreport. '._` ' .- .,-�,
H.Amendments to the G�wth Management Program Implementation Manual m��initiated by action of the
planning commission or city council, or upon request of an app�icant The city council sh�-�n the requested
application. (Ord. 2448 § 2, 1991). "
19.09.040 Threshold Standards for City Facilities and Services. - _
Threshold standards for city facilities and services a�e/those under the direct_c�,ontrol of the city, and apply to
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eight public facility and services topics, including: Drainage; Fire and Emergency Services: Fiscal; Libraries;
Parks and Recreation; Police; Sewer; and Traffic.
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In order to provide that public facilities and service g vemment and other utility services, and improvements
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that are adequate to meet pr se ent and future needs of the city, the city council hereby adopts threshold
standards for each facility or\mpro ement listed below:
A. Police. '
Goal: To maintain'and improve the current level of police service in the city of Chula Vsta.
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Objective: Ensu�e that Pol� staff is adequately equipped and trained to provide police service at the desired
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level throughout the city.
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Threshold Standards:
1. Priority 1 —Emergency Calis'. Properly equipped and staffed poiice 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 1 cails (measured annually).
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2 Priority 2—Urgent Calls'. Properly equipped and staff police units shall respond to all Priority 2 calls within
12 minutes or less (measured annually)
'Priontv 1 —Emeroenw Calls are life-threatemno calls.felonv in oroaress: orobabdRV of imurv(cnme or accidenU: robberv or oamc
alarms urcent cover calls from officers. Resoonse' Immediate resoonse bv two officers from am source or assionment. immediate
resoonse bv oaramedics/fire rf iniunes are believed to have occurred.
'Prioritv 2—Uroent Calls are misdemeanor in proqress:possibilitv of iniurv:serious non-routine calls fdomestic violence or other
disturbances with ootential for violencel:buralar alarms Resoonse: Immediate resoonse bv one or more officers from clear unds or
those on interruotible activities(traffic.field interviews,etc.l
Note' For arowth manaqement ourooses. resoonse time includes disoatch and travel time to the buildinq or
site address, otherwise referred to as"received to arrive " �
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Implementation Measures:
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1. Should the GMOC determine that the Priority 1 —Emergency Calls threshold standa�d is not being met due
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to growth impacts, then the city councilcan, within 60 days of the,GMOCis report, schedule�and hold a public
hearing to: a) consider adopting a moratorium on the issuance�f new�iJing permits; or b) adopt other
actions sufficient to rectify the deficiency(ies). � � ~
2. Should the GMOC determine that the Priority 2—Ur�Calis threshold standard is not being met, it may
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issue a Statement of Concern in its annual report. , ��� J
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B. Fire and Emergency Medical Services.
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Goal: To maintain and improve the quality of fre`protection and emergency medical services (EMS) in the city
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Objective Ensure that F��EMS�staff are properly equipped and trained to provide the desired level of service
throughout the city.,(�'>
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Facility�Master Plan: A�minimum of every five years, or whenever an update is needed, the city manager shall
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bring a fire and emergency medical services master plan to the city council for their consideration. The master
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plan shall include provisions for facilities, equipment and deployment.
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Threshold Standard
Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout
the city within 7 minutes in at least 80% of the cases (measured annually).
Note. For growth management purposes, response time includes dispatch, turnout and travel time to the
building or site address.
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Implementation Measures:
1. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the
Facility Master Plan milestone targets are not being met, then the city council can, within 60 days of the
GMOC's annual report, schedule and hold a public hearing to a)consider adopting a moratorium on the
issuance of building permits, or b) adopt other actions sufficient to rectify the 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
standard: a)is not being met, but the reason is not due to growth impacts; or b) is no beiv e d e to growth
impacts, but the Facility Master Plan is meeting its milestone targets, in which case the Fire Depart\e�nt will
address the adequacy of the Facility Master Plan �
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C. Libraries. ' % � -
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Goal: To provide a high-quality, contemporery library system that meets the varied needs of the community.
Objective: Supplement existing libraries by providing and operating library facilities sufficient to meet the needs
of city residents. �
Facility Master Plan: A minimum of every five years,-or whenever an update is needed, the city manager shall
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bring a libraries master plan to.city council for their-consideration. The master plan shall define the adequacy
of library facilities and equip��t and what constitutes adequate staffing and appropriate hours of operation,
and identify library square foo\g��consistent with the threshold standard ai build-out.
Threshold Standard: The ciry shall not favbelow the citywide ratio of 500 gross square feet(GSF) of librery
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space, adequately-equipped and staffed, per 1,000 population.
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Implementation Me\res ,
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1. 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 council can,within 60 days of the
GMOC's repoR, schedule and hold a public hearing to: a)wnsider adopting a moratorium on the issuance of
new building permits; or b) adopt other actions sufficient to rectify the deficiency(ies).
2. The GMOC shall be provided with an annual report that documents the appropriate sta�ng levels,
equipment and operating hours of library facilities over the past year, current year operation, and anticipated
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hours of operation. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are
not maintaining appropriate hours of operation, it may issue a Statement of Concern in its annual report.
D. Parks and Recreation Areas.
Goal To provide a diverse and flexible park system that meets both the active and passive recreational needs
of the citizens of Chula Vista. �
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Objectrve: Provide public park and recreational opportunities in a timely manner, implementing a 5-year master
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plan, which describes the location, facility improvements and funding program fo���proposecJ neighborhood and
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community parks .,, �`�^.
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Threshold Standard: Population ratio-Three acres of neighborhoo�d na d community park�d with appropriate
facilities per 1,000 residents east of I-SO5.
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Implementation Measures: , „i
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Should the GMOC determine that the Threshold Standard�s;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. Construction or other
actual solution shall be scheduled to commence within three yea'�
If construction of needed new park�and creation facilities is not started within three years of the deficiency
reported by the GMOC, then the Ci�`Council shall, within 60 days of the GMOCs report, schedule and hold a
public hearing for the purpose_of adopting a�o a orium on the acceptance of new tentative map appliwtions,
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based on all of the following criteria. � •�i,
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1. That the moratonum is limited to an area wherein a causal relationship to the problem has been established;
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2. That the�moratorium provides mitigation measure to a specifically identfied impact.
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Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation
measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall
be in effect until construction of the needed new park and recreation facilities has commenced.
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E. Sewer.
Goal: To provide a healthful and sanitary sewer collection and disposal system for the residents of the city of
Chuia Vsta, consistent with the city's Wastewater Master Plan.
Objective: Individual projects will provide necessary improvements consistent with city engineering standards.
Treatment capacity should be acquired in advance of demand.
Threshold Standards:
1. Existing and projected facility sewage flows and volumes shall not exceed city engineering sta/nda�7r`ds for the
current system and for budgeted improvements, as set forth in the Subdivision Manual:, v
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2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority
or other means su�cient to meet the projected needs of development. �
Implementation Measures: �_ �
1. The city engineering department shall annually gather and pr�theOfollowing information to the GMOC:
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a.Amount of current capacity in the Metropol)tan Sewer System now used or committed and the status of
Chula Vsta's contracted share; F `�.
b.Ability of sewer facilities and Chula Vsta's`�a e of the Metropolitan Sewer System's capacity to absorb
forecasted growth over the neut five years; �`�
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c. Evaluation of funding and site avail�ability for budgeted and projected new facilities; and
d Othe�relevant information�
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2. Should th\\M��etermine that a potential problem exists with meeting the projected needs of
development with�respect to sewer, it may issue a Statement of Concern in its annual report.
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F. Drainage.
Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the city
of Chula Vista.
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Objective: Individual projects will provide necessary improvements consistent with current city engineering
standards and local, state and federal regulations.
Threshold Standards:
1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current
local, state and federal regulations, as may be amended from time to time. /
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2. The GMOC shall annually review the performance of the city's storm drain system,�with respect to the
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impacts of new development, to determine its ability to meet the goal and objective for drainage. ��
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Implementation Measures: �"'}
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1. Should the GMOC determine that the threshold standards are_�ot being met, with resp ct to new
development, then the city manager should present to the city council,;for tFieir,�consid ration, a plan of action
that includes timing benchmarks and a finance plan that_will bring the storm drain'system into conformance.
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Construction or other actual solution shall be scheduled to commence withiri three years.
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2. Should the GMOC determine that the threshold standard is not ti'eing met, with respect to existing
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development, it may issue a Statement of Concern in.its annual report
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G. Traffic. >":.
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Goals: � � � �1
1. To provide and mahntain a safe and efficient street system for all modes of transportation within the city of
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2 To accuratelyiietermin`e,�existing and projected levels of service (LOS)for motorists, using the Highway
Capacity Manual (HCM) performance measurement methodology.
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3. To recognize�the unique nature of urbanizing neighborhoods as destinations, and to establish a
commensurate street classification and LOS threshold that encourages alternative modes of transportation,
such as public transit, biking and walking.
4. To maintain a level of service value that represents an acceptable level of traffc flow under constrained
operating conditions during peak periods of traffic activity.
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Objectives:
1. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned
growth, and maintain acceptable levels of service.
2. Plan, design and construct new roadway segments and signalized intersections to maintain acceptabie LOS
standards at build-out of the General Plan's"Land Use and Transportation Element". �
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3. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most current
Bikeway Master Plan and Pedestrian Master Plan. � " � , ,
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Threshoid Standards: '
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1.Arterial Level of Service (ALOS)for Non-Urban Streets: ThosejTraffic Monitoring Program (TMP) roadway
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segments classified as other than Urban Streets in the"Land Use and`ransportation ElemenY of the city's
General Plan shall maintain LOS "C°or better as measured yby observed average�travel speed on those
�.f�_1 ��
segments; except, that during peak hours, LOS "D"can occur for no more than two hours of ttie day.
r�� '-
2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the
"Land Use and Transportation ElemenP of the city's General P/��all maintain LOS"D'or better, as
measured by observed or predicted•average travel speed, except that during peak hours, LOS "E'can occur
- : u
for no more than two hours pecday. .N�s to Standards.
1. Arterial Segment: LOS measurements shall:be for the average weekday peak hours, excluding seasonal
��� �
and special circumstanceJvanations. �
2. The LO&measurement of�rt��gments at freeway ramps shall be a growth management consideretion
��'\�
in situations where proposed developments have a significant impact at interchanges.
�� . �� .
3. Circulation�improvements should be implemented prior to anticipated deterioration of LOS below established
standards. �
4. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the
procedures detailed in the most recent Highway Capacity Manual (HCM) and shall be confirmed by the city's
traffic engineer.
5. Level of service values for arterial segments shall be based on the HCM.
13
Item 3—Attachment 4: "Clean" Version of Attachment 2
Implementation Measures:
1 Should the GMOC determine that the threshold standard are not being met, due to growth impacts, then the
city council can, 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 permits, or b) other actions sufficient to rectify the
deficiency(ies).
�'�'
2 The GMOC may issue a Statement of Concem in its annual report if it determinesdha't the threshold
standard will likely not be met within three years, due to growth impacts. _ '�!;, ' �`'F ''�i
i�.� �,
���f ,., �
3. The Department of Public Works shall annually report on progress made in implementing const�tion of
,:;^.
��.b�
facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development Impact
.r -rr.. �� ,.
Fee Program (TDIF), and the Westem TDIF. ; • ` , � (, ��
� � ;�i, �
Monitoring Methodology �
/��^:�\ �I'�
y'��:11 'Y���.1R.
1. Identify all Traffic Monitoring Program (TMP) corridors and classify according to the latest Highway
Capacity Manual (HCM) methodology. Typically,�a TMP Foadweyis four lanes with a volume of 16,500
, ;
trips and at least one mile and a half in length. If the Average Daily Trip (ADT)-based level of service
�:
u�
is"C" or worse on a street segment locat�within a city TMP corridor, then the city shall consider
n..
conducting a TMP measurement. ADT volume data shall not be older than two years.
��
2. A TMP measurement,sh.tmali�consist of a two-hour AM peak period measurement, a two-hour mid-day
�5'yp�.� P_
period measurement, and:a�two-hour,PM peak period measurement.
�� '"�v,�"a.
3. TMP measurement shal�be conducted by following the current protocol in the latest adopted HCM.
4. Any speed collection'a d vOlum data methodology that utilizes the latest technology consistent with
�`z; �� ��
�HCM•protocol can be us. ed,in obtaining arterial LOS, subject to approval by the city's traffic engineer.
� �:
H. Fiscal. ���� ��
�1�
Goal: To imp�l�em��land uses and activities that generete an adequate tax and revenue base that meets the
economic needs of the residents of the city of Chula Vista, with new project development providing self-
financing of capital projects.
Objectives:
1. Monitor the impacts of growth on the city of Chula Vista's fiscal well-being, considering both operating and
capital improvement costs and revenues.
14
Item 3—Attachment 4: "Clean"Version of Attachment 2
2. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate
and timely use of such funds.
3. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will
be availabie to meet the demands of growth.
Threshold Standards:
1. Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are adopted;shall ensure that
-.
new development generetes sufficient revenue to offset the cost of providing municipal services and facilities to
� «�
that development2. The city shall establish and maintain, at sufficient levels to ensure.the timely delivery of
infrastructure and services needed to support growth, consistent with the threshold st\d ra ds!a Development
Impact Fee, capital improvement funding, and other necessary f�d� i programs or mech�nisms.
Implementation Measures:
1. Use Fiscal Impact Analyses (FIA) and Public Facility Financing Plans (PFFPs)to evaluate and ensure that
C '
new development requiring the preparation of a SPA plan, or equivalent,pursuant to CVMC 19.09.040 and
19.48, contribute to the city's fiscal well-being by generating revenue's and related economic activity that, at a
`�,
minimum, offset the cost of providing municipal s�es for the new development.
? � .
2. The GMOC shall be provided with an annual fiscal impact report that provides an evaluation of the impacts
���
of growth on the city in terms of�operations and capital improvements. This report should evaluate actual
�� `-=`
growth over the previous 12-month pen�as well as projected growth over the next 5-year period.
"�,�.
3. The GMOC shal�b provided with an annual"development impact fee report,'which provides an analysis of
development imp c'fe\\Ilected and expended over the previous 12-month period and projected for
expenditure for projects induded within the DIF programs.
�, ., v
19.09.OSO Threshold Standards for External Facilities and Services.
\__. _..._. _. __........_..--
A. Air Quality and Climate Protection.
Goal: To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista.
15
Item 3—Attachment 4: "Clean" Version of Attachment 2
Objectives:
1. In an effort to address the impacts of transportation and,building-related energy use at both the regional and
local level, the city shall endeavor to implement applicable air quality improvement strategies and programs
that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS),
California's Global Warming Solutions Act of 2006 (A632), and the Chula Vista Climate Protection Program.
2. In an effort to maintain and improve ambient air quality, the city shall endeavor to loc- ally mitigate any new
�� ,��..
stationary source development project's criteria air pollutant emissions that exceed local�air�.,quality st�dards.
i �Threshold Standard �
The city shall pursue a greenhouse gas emissions reduction targe,t�y sistent with appropr�e city climate
��Y �:�
change and energy efficiency regulations in effect at the time of project applic i ion for�SPA plans or for the
following, subject to the discretion of the Development Services Direct�'� ,' h� �
�i
���v ��„
'':
a. Residential projects of 50 or more residential dwelling units;.�
/�s�.'�— t
/'��
b. Commercial projects of 12 or more acres(or equivalentt,square footage);
c. Industrial projects of 24 or more acres (or equivale�quare footage); or
d. Mixed use projects of 50 equivalent dwelling units or greater. �
� �
Implementation Measures. ., -
t,,.�
1 In order to determine compliance with the`air•quality and climate protection threshold standard, city staff
��� `
shall provide the GMOCGwith amannual report that evaluates the city's progress toward adherence with
�a' f.�n.
relevant federal, state,regional, and;local air quality improvement strategies, regulations, and programs. The
report shal�l�nclude the follo nwn g�
t� � � .
� �� \�` .`-
iv.,
a. An overview and evaluation of local development pro�ects approved during the prior year identifying
`-�h�. �i��
compliance levels and progress towards meeting the air quality and climate protection threshold standard.
���v,y
O,/
b. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on
updated state and federal standards, as applicable.
c. Additional information on non-development activities being undertaken by the city that contribute to meeting
or furthering the air quality and climate protection threshold standard, including the city's most recent
greenhouse gas emissions inventory.
16
Item 3—Attachment 4: "Clean" Version of Attachment 2
2. After the city prepares an annual evaluation report, it shall provide a copy of the repoR 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 status of regional air quality improvement implementation efforts under the
Regional Air Quality Strategy and related federal and state programs, and the effect of those efforts/programs
on the city of Chula Vsta and local planning and developmeni activities.
3. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate
protection implementation measures, either locally, regionally or both, it may issue aStatement.of Concem in
��
its annual report.
B. Schools ,
. �
Goal: To ensure that the Chula Vista Elementary School District(CVESD) and Sweetwater Union High School
District(SUHSD) have the necessary school sites, infrastructure and funding mecha in sms to meet the needs of
students in new development areas in a timely manner:-
,
Objective: Provide school district personnel with current development fo`recasts so that they may plan and
s , � .
implement school building and/or allocation programs in a timely manner.
Facility Master Plan: The GMOC will request upd�s of the school districts'facility master plans or equivalent
documents that define the scfiools'essential facility needs necessary to provide adequate physical
accommodation.
Threshold Standard:
The ciry shall annual provide the Chula Vsta Elementary School District(CVESD) and the Sweeiwater Union
v� , �
High School District (SUHSD)with the city's annual 5-year residential growth forecast and request an
i
evaluation of their abili y tov ommodate forecasted growth, both citywide and by subarea. Replies from the
school districts should address the following:
. % ,
\ ' ,
1. Amount of current classroom and "essential facility' (as defined in the Facility Master Plan)capacity now
used or committed;
2. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be
upgraded or added over the next five years;
3. Evaluation of funding and site availability for projected new facilities identified; and
17
Item 3—Attachment 4: "qean" Version of Attachment 2
4. Other relevant information the school district(s) desire(s)to communicate to the city and the Growth
Management Oversight Commission (GMOC).
Implementation Measure:
Should the GMOC determine that a capacity problem 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 provided to both school districts, with follow-up, to assure appropriate response.
�;�
; ' ='r v-�:'
�s i�.�'.
C. Water ,', �"� +,,a
�� �},^a��
Goal: To ensure that adequate supplies of potable and recycled water are available to,the city of Chula Vista.
�
��t-
Objectives �
:;..� , �
`ai�
1. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with
r,,
���•
planned growth. � "�.'II
_ ��, .: �;;;'
2. Ensure that water quality standards requirements are met duringrgrowth and construction.
�
3. Encourage diversification of water supply, conservation and use of recycled water where appropriate and
��,-�.
`,R,
feasible r` , � �
i, , �;i! I
` ,
Threshold Standards:
� .
1. Adequate water supply must be available to serve new development. Therefore, developers shall provide
� il /,,,�`� �.,
the city with a service availability letter;�from the appropriate water district for each project.
� �
. '�\'�
«...�;�;;. ;
2. The city shall annually,!provide the San Diego County Water Authority, the Sweetwater Authority and the
Otay Municipal Water Dis nct with the city's annual 5-year residential growth forecast and request that they
a��
provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following:
a. Water availability to the city, considering both shoA- and long-term perspectives.
b Identify current and projected demand, and the amount of current capacity, including storage
capacity, now used or committed.
c. Ability of current and projected facilities to absorb forecasted growth.
18
Item 3—Attachment 4: "Clean"Version of Attachment 2
d. Evaluation of funding and site availability for projected new facilities.
e. Other relevant information the district(s) desire to communicate to the city and the Growth
Management Oversight Commission (GMOC).
Implementation Measure:
Should the GMOC determine that a current or potential problem exists with respect to wa er, it may issue a
Statement of Concern in its annual report.
19.09.060 Amendments and Supplemental Threshold Standards:
These standards may be amended from time to time on approval by the city council. (Ord. 2860§§ 1, 2, 2002;
� ' ;
Ord. 2859§ 1, 2002; Ord. 2748§ 3, 1999; Ord. 2486§ 1, 1991; Ord(2448§ 2, 1991). `, '
, �
19.09.070 Moratorium on Building Permits Allowed � ``
A. Imposing Temporary Limits on Building Permits - O
The ciry council may, by ordinance, impose a limit on building p�s for construction of residential and/or non-
residential development after making specific findings.as to the health, safety and welfare concerns of
continued development, as set forth in%B° below. �
B. Findings Required �/\\� \:J
Prior to adopting an ordinan�e\posing a limit on building permits, the city council shall consider making one
_ V /�
or more of the following findings: 1
`1.�T" hat continued development will make it unlikely for the intent of the Growth Management Program to
\6e achie,v\e�as ezpressed by the "Growth Management ElemenY of the General Plan and this
chapter. L
�\l)
2. That continued development will cause deterioration of the city's quality of life, and compromise the
health, safety and welfare in the city of Chuta vsta.
3. That continued development will strain the city's fiscal resources an ability to deliver high quality
services to all its residents.
19
Item 3—Attachment 4: "Clean" Version of Attachment 2
C. Procedures for Implementing Limits on Building Permits.
If the city council makes the necessary required findings to impose a limit on building permits, then it shall
adopt an ordinance that specifes;
1. Area where the moratorium applies,
2 Duration of the moratorium (when it begins and ends);
3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives
of the city action and broader land use policy. Exemptions could include,"affordable" housing units
C''�
(units sold or rented at below market rates to meet the city's Housing Element recjui�ements).
' � '� ` . .
\s,f.
Exceptions might include units that have been allocated as part of a,separate agreement (e.g., a
1.j y,,,T ,;y�
development agreement); �,
�'t;� 'c'�
4. Any conditions that would allow the moratorium to be lifted prematurely; and,:±.:"
�t,r'r .-�.� � ^ ,
5. How the building permits shall be allocated. � �. ;i '
"__.�,''� �
19.09.080 Requirement for Public Facilities Finance Plans �PFFP); Air Quality
--,��r,.. ,
Improvement Plans, and Water Conservation'Plans. �.-��;��
_....._ _ ........ .. __
.;a � i., , �
A. Public Facilities Financing Plans. ,
;���'t'`. u
`,•,�,
No application for a SPA plan, or, if an SPA plan is not required„��application for a Tentative Map, shall be
deemed complete or accepted for review unless:�
c�:. ,
i�� . .
1. It is accompanied by a�PF,�FP which,has been approved by the city; or
5.�� �,�.,;;�..:.
2. A PFFP„that includes the project, has already been initiated, or
I 4�: 4
� � �_
�1 �~ t������
3. The applicaM initiates the preparation of a PFFP.
The PFFP.may be w�d,by the city council upon a showing that there are no public facilities, infrastructure
k ',.- �^ �741�
and service needs warranting the preparation of a PFFP.
4 �
�.V`t4
B Air Quality Improvement 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 an Air Quality Improvement Plan that has been approved by the city; or
2. An Air Quality Improvement Plan ,that includes the pro�ect, has already been initiated; or
20
Item 3—Attachment 4: "Clean" Version of Attachment 2
3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing
such information, including maps, drawings, diagrams, etc., as the city Devetopment Services Director
shall require.
The required contents of an Air Quality Improvement Plan are outlined in Appendix A of the city's Growth
Management Implementation Manual, as may be amended from time to time.
C.Water Conservation Plans. No application for a SPA plan, or, if a SPA plan is not required, no application for
a Tentative Map shall be deemed complete or accepted for review unless: �� ,�
r/�� `,
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
\�
3. The applicant initiates the preparation of a Water Conserv�n�n�ch form and/or containing such
information, including maps, drawings, diagrams;etc as the city Develo�nt Services Director shall
require. �
The required contents of a Water Conservation Plan are outline�� ppendix B of the city's Growfh
Management Implemen[ation Manual, as may be amended fro�me to time.
D. No SPA plan, nor any Tentative�Map�shall be approved, or deemed approved,without an approved PFFP,
��
an approved Air Quality Improvement Plan and an approved Water Conservation Plan.To provide consistency
and implementation of saiFd plans, the city\u c�may impose any condition to the approval of a SPA plan or
!�1�
Tentative Map necessary�to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation
Plan, the Growth Managemen�am, or the Facility Master Plans.
� ��
E. No`F�M s�a\be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and
� ;
the Water Conservati! Pian have been met, or the project applicant has provided adequate security to the city
that said p\\�dll b�,implemented.
�.�;
F. No other discretionary planning approvals shall be granted unless the city council finds that the project is
consistent with an approved PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan.
G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality
Improvement Plan and the Water Conservation Plan and all applicable fees, including, but not limited to,
development impact fees, traffic impaci fees, drainage fees, school fees, park fees, sewer fees,water fees, or
21
Item3—Attachment4: "Clean" VersionofAttachment 2
other development fees adopted by the city council, have first been paid or provision for their payment has
been made to the satisfaction of the city council.
H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and
services exceeds capacity and it is not feasible to increase capaciry prior to completion of development unless
the means, schedule and fnancing for increasing the capacity are established through the execution of a
binding agreement providing for installation and maintenance of such facilities or improvements in advance of
;:.�:
the city's phasing schedule. (Ord. 2790, 1999; Ord. 2448 §2, 1991).
...�
, :,,6,
19.09.090 Pubiic Facilities Finance Plan (PFFP) Contents. !.'_,:,
, .
. �, -
'��..
A. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, are
!.`��.'.� • �
outlined in Appendix C of the city's Growth Management P�ogram linplementat�on Manual,a's may be
,i r
amended from time to time. The fiscal analysis/economic impact report sFiall be provided for each proposed
'v- `. .
project and the project shall be conditioned to provide funding for periods where expenditures exceed projected
revenues. i �' ����y^, `�=�'��`�
� , ;r,�y i
�'>-
19.09.100 Public Facilities Finance Plan (PFFP) Preparation.
_..................._...................._.__._._................._. __ _ _....__..__. . _..._.._ _........._...._...__....................
,a=�'
C l =r� ,
A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently
�QG�'
with the SPA plan or Tentative Map., ,y �'
�` � ;�,
i �'.`•','
B. A PFFP may be initiated by filing an application with the Development Services Director. The applicant shall
�'+';� � �:
pay a deposit at the time any application for a P_FFP is accepted
���� `�u'U
C. A PFFP for a proj2ct shall be prepared by the city, or a consultant selected by the city, according to the
� �'',
proceduresestablish'ed by th�s c,�pt�.
, .� ,,;..
�_,�r`''��
"f. � � �.'e.
D The,cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or
�� \ �
owners prior;to PFFF preparation. (Ord. 2790, 1999, Ord. 2448 § 2, 1991).
��
19.09.110 Public Facilities Finance Plan (PFFP) Review.
A. PFFPs shall be reviewed according to the following procedure:
1 A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount
established by city council resolution, may be submitted to the Development Services Director for processing.
If Ihe Development Services Director determines that the plan complies with the provisions of this chapter, the
22
Item 3—Attachment 4: "Clean" Version of Attachment 2
Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions
of this chapter, it shall be set for public hearing before the planning commission together with the
accompanying development plan.
2. The hearing shall be noticed according to the provisions of CVMC 19.12.070.A staff report containing
recommendations on the PFFP shall be prepared and fumished to the public, the applicant, and the pianning
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 commiss'i�shall be filed with the city
clerk, and a copy shail be mailed to the appiicant. � , -
4. When the planning commission action is filed with the city cle�! ht e qerk shall set the;matter for pubiic
��--�
hearing before the city council. The hearing shall be noticed according.�the,provisions of CVMC 19.12.070.
5. The city council shall hear the matter, and after considering the findings�d fecommendations of the
planning commission, may approve, conditionally approve, or deny the p�ans. The city council may include in
-� '.
the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city
ordinances in order to implement the Growth Management Program, the facility master plans and the PFFP.
a
6.A PFFP may be amended�following the same procedures for the original adoption. (Ord. 2790, 1999; Ord.
2448 § 2, 1991).
19.09.120 Public Facilities Finance Plan (PFFP) Implementation.
_.._....__...---- �—�-._.._.._...--- -- — -.........._-- -__ __...._._
A. The Development'Services Director sh II ensure that PFFPs are prepared for all SPA plans and Tentative
� � . ' .
Maps, or equivalent,pro�ects pursuant to CVMC 19.48.
B. In the event that th\Development Services Director or his designee finds that the project is not in substantial
� ,
compliance with the,PFFP as modified or amended, the developer may be deemed to be in default and
continued issuance of building or development permits may be affected. (Ord. 2448 § 2, 1991).
19.09.130 Public Facilities Finance Plan (PFFP) Amendment.
A. Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning
designation or any particular development proposal.
23
Item 3—Attachment 4: "Clean" Version of Attachment 2
B. If the Development Services Director, pursuant to CVMC 19 09.110, determines that facilities or
improvements within a PFFP are inadequate to accommodate any further development within that area, then
development shall cease or be metered until a remedy is implemented. If the Development Services Director
determines that such events or changed circumstances adversely affect the health, safety or welfare of the city,
the city may require the amendment, modification, suspension, or termination (hereinafter"change")of an
approved PFFP. If the city requires such change, the city shall (1) give notice to applicant or owner of(a) the
citys intended action to change the PFFP, and (b)the reasons and factual basis for t/he�'s determination; (2)
\ni�
give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time�an�d place of the
hearing, and (3) hold a city council hearing on the determination, at which hear�g��t,�e applic�t or�er shall
have the right to present witnesses, reports, and oral and written testimony. Prior to approving a�yychange, the
city shall find that(i) the circumstances were unknown or that the circumstances have c`ha ged;and (ii)the
��:,�',�h. ,�^��
health, safety or welfare of the community requires the change o�he PFFFP This provision°shall neither limit
k,�
nor expand the rights of liabilities of either of the parties wdh respect t,�t�h'e'�PF.FP or the development of the
property. ��{t
p�:f f�:. .
' � _
If, after notice and hearing, the council determines that a d�ciency�exista;then no further building or
development permits shall be issued within the affected area and d,eiv�elopment shall cease until an amendment
��
to the applicable PFFP mitigating the deficiency is approved by�ttie city council
j� /
C. The city council may initiate an a endment to any PFFP at any time if, in its discretion, it determines that an
..�'��
amendment is necessary to provide adequ\a\te facilities and improvements and subsequent permits will be
�u�;�_M d�i
conditioned on conformance. (Ord:2448§ 2�1991).
19.09.140 Exception's a�c.lusions.
_....... _.._. _........................ _ _ _. _...... .. . _.........
� �.
rP L''� ii� ��.�
A. Exceptions.\NotFiing in this',chapter shall alter or amend the terms and conditions of any development
.rf��?�. � '.
agreement entered�into tietween the city and a developer.
r��� ` ! �
�
B. Exclusions. Development pro�ects which consist of facilities or structures constructed by a city, county,
special district,�`st e�r federal government or any agency, department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter To the extent that the city has authority to regulate
such development pro�ects, such projects shall not be exempt. For example, any private development
occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to
development projects to which a possessory interest tax would be applicable. (Ord. 2448 § 2, 1991).
24
Item 3—Attachment 4: "Clean"Version of Attachment 2
19.09.150 Extensions of Prior Approvals.
After approval of an applicable PFFP for a development project, an extension of the expiration date of a
Tentative Map may only be granted if the project is in conformance with the PFFP and the Growth
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, including,
but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show
compliance with the applicable PFFP. (Ord. 2448§ 2, 1991). �
19.09.160 Obligation to Pay Fees or Install Facilities Required by Any Other Laws.
----._._._.._..--.._ y q_AJ....------
Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from an �e uirement
to provide public facilities, to dedicate property or to pay fees,which requirement is imposed pu�suant to this
title or pursuant to any city council policy. (Ord. 2448 § 2, 1991). ' �
�
19.09.170 Implementing Procedures.
The city council may adopt any procedures it deems necessary to implement this chapter, including procedures
for administering the Growth Management Program or facility'master pla s. (Ord. 2448§2, 1991).
19.09.180 Council Actions, Fees, Notice. ' �
_._._.. ---- �.� -..............._._.. - - -----------
A.Whenever this chapter requires or permits an ac ion or decision of the city council, that action or decision
shall be accomplished by reso\��n and/or ordinance, as appropriate.
B. The city council shall establish application and processing fees for the submission and processing of Public
Facilities Financing Plans(PFFPs)., �
. , .
C. Whenever written nOtice is requi(ed to be given to property owners under this chapter, the notice shall be
mailed by first class\�I t\o�the owners shown on the last equalized assessment roll. (Ord. 2448§ 2, 1991).
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19.09.190,Severebility._
----............. _..._..
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If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter 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 the ordinance codified in this chapter. The city council
declares that it would have passed the ordinance codified in this chapter, and each section, subsection,
sentence, cfause and phrese thereof, irrespective of the fact that any part thereof be declared invalid or
unconstitutional. (Ord. 2448 § 2, 1991).
25
Item 3-Attachment 4: "Clean" Version of Attachment 2
19.09.200 Facility Master Plans.
The city 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 threshold standards in this chapter, including, but not limited to,
police,fire and emergency services, libranes, parks and recreation, wastewater, drainage and circulation. In
anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and
projected demand, and proposed maintenance and capital improvement projects. They shall also identify
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finanang plans to accomplish identified improvements. '�;J
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26