HomeMy WebLinkAboutItem 3 - Attachment 3 - Ordinance - Accepted Edits VersionSections:
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ATTACHMENT 3 — Accepted Edits Version
Chapter 19.09
GROWTH MANAGEMENT
19.09.010 Purpose /Intent, Policies and Findings.
19.09.020 Definitions.
19.09.030 Growth Management Program Implementation Manual.
19.09.040 Threshold Standards for City Facilities and Services.
19.09.050 Threshold Standards for External 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
Plans and Water Conservation Plans
19.09.090 Public Facilities Finance Plan (PFFP) Contents.
19.09.100 Public Facilities Finance Plan (PFFP) Preparation.'
19.09.110 Public Facilities Finance Plan (PFFP) Review.
19.09.120 Public Facilities Finance Plan (PFFP) Implementation.
19.09.130 Public Facilities Finance Plan (PFFP) Amendment.
19.09.140 Exceptions and Exclusions.
19.09.150 Extensions of Prior Approvals.
19.09.160 Obligation to Pay Fees or Install Facilities Required by Any Other Law.
19.09.170 Implementing Procedures.
19.09.180q'Council`" "Actions, Fees, Notice.
19.090.190 Severability.'
:19.090.200 Facility Master Plans.
I Purpose /Intent, Policies and Findings.
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 facilities, infrastructure
and services, and provide a plan for funding improvements needed to meet the threshold "standards set
forth in this chapter;
3. Provide quality housing opportunities for all economic segments of the community;
4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to
support the residential areas of the city;
5. Balance the regional housing needs against the public service needs of Chula Vista residents and
available fiscal resources, environmental constraints, and quality of life considerations;
6. Provide that all development is consistent
general plan;
7. Limit or prevent additional development if public facilities, infrastructure and services meeting the threshold
standards set forth in this chapter are not provided in a timely, phased and logical manner, as required by
the General Plan;
8. Control the timing and location of development by tying the pace of development to the provision that
public facilities, infrastructure and services conform to the city's threshold standards, and to meet the goals
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and objectives of the Growth Management Program;
9. Promote orderly revitalization and redevelopment of older portions of the city, including the Urban Core and
the commercial% corridors;
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 Vista 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 public 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 governmental facilities, These
shortages would be detrimental to the public health, safety, and welfare of the citizens of Chula Vista;
3. The city has adopted and regularly updates facility master plans to ensure adequate infrastructure and
services will be available to support the build -out demands of the adopted,, General Plan.
4. Since 1991, the city has maintained a growth management ordinance to achieve the "Purpose" outlined in
"A ", above, and has adopted a variety of related fee and funding programs to ensure that public
improvements keep pace with growth.
5. Chula Vista's adopted General Plan includes, provisions requiring facilities and services in advance of, or
concurrent with, growth.
6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are
available in advance of, or concurrent with, development is consistent with the city's policy to provide
housing opportunities for all economic segments of the community, because sufficient opportunities for
new housing continue to exist within the city, and this chapter does not affect the number of houses which
may be built. In addition, development of housing for low- and moderate - income persons and families
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would most likely occur in areas of the city that are designated for highest development priority.
7 Aption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe
re and services will exist to serve all of the development in Chula Vista, and
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.
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 the public facilities infrastructure and services are made within the city, as herein
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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)
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.
Whenever the following terms are used in this chapter, they shall have the meaning established byy, this section
unless from the context it is apparent that another meaning is intended:
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 Management Program
Implementation Manual.
B. "Available facility and service capacity" shall be determined by the Development Services Director, using
generally accepted planning standards and criteria, including the threshold standards set forth in this chapter.
Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility
service the demand of existing development plus the demand that will be created by approved development.
C. "Developed areas of the city" means those areas of a predominantly urban character where development
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 or other alteration of land and construction incident thereto.
E. "Development Services Director" or "Director" means the Director of the city's Development Services
Department or their designee.
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 legislative actions such
as zone changes; Genera/ Plan amendments, Sectional Planning Area (SPA) plans or General Development
Plan approvals or amendments.
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
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curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities,
sewer facilities, water facilities, lighting facilities or other governmental 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 Program's threshold standards, including, but not limited to: sewer, drainage, water,
police, fire and emergency services, libraries and parks.
J. "Facility and service capacity" 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 determined by applyin the appropriate
threshold standard.
K. "Growth Management Program Implementation Manual" means a plan prepared and approved according to
CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040
and 19.09.050.
L. "Moratorium" means building permits will not be issued for an area that has been identified as having a direct
causal relationship to a specified threshold standard failure. City council must make specific findings and follow
specific procedures as provided in CVMC 19.09.070.
M. "Project" means the activity for which either-, an application for a Sectional Planning Area (SPA) plan, a
Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be
submitted and which may be subject,to discretionary approvals by the city.
N. "Public facilities finance plan`(PFFP)" means a project specific Public Facilities Finance Plan prepared and
approved in accordance with °CVMC`19.09.080 through 19.09.130, and Appendix C of the Growth Management
0. "SPA plan" means a Sectional Planning Area plan, as prescribed in CVMC 19.48.
P. "Statement of Concern" means an implementation measure the Growth Management Oversight Commission
(GMOC) may issue in its annual report: 1) for an external 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 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
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include elements dealing with city management and organization, budget priorities, and responsiveness to
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).
R. "Threshold standards" means those certain standards identified in CVMC 19.09.040 and 19.09 050
specifying the facilities and services required to support the present and future needs of the city.'
S. "Transportation Monitoring Program (TMP)" means the technical analysis of.traffic operation on all urban and
suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall
be based on the current Highway Capacity Manual, as may be amended from time-to -time. The technical
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.
T. "Water Conservation Plan" means a project - specific water conservation plan prepared and approved in
accordance with CVMC 19.09.080, and Appendix B'of the Growth Management Program Implementation
Manual.
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 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, infrastructure 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.
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 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.
E. 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.
F. The city council should annually review and, by resolution, act upon the Growth Management';Oversight
Commission's annual report.
G. Amendments to the Growth Management Program Implementation Manual may be initiated by action of the
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planning commission or city council, or upon request of an applicant. The city council shall act on the requested
application. (Ord. 2448 § 2, 1991).
19.09.040 Threshold Standards for City Facilities
Threshold standards for city facilities and services are those under the direct control of the city, and apply to
eight public facility and services topics, including: Drainage; Fire and Emergency Services: Fiscal; Libraries;
Parks and Recreation; Police; Sewer; and Traffic.. .
In order to provide that public facilities and services, government and other utility services, and improvements
Objective: Ensure that Police staff is adequately equipped and trained to provide police service at the desired
level throughout the city.''
Threshold Standards:
1. Priority 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 1 calls (measured annually).
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2. Priority 2 — Urgent Calls2. Properly equipped and staff police units shall respond to all Priority 2 calls within
12 minutes or less (measured annually).
'Priority 1 — Emergency Calls are life - threatening calls: felony in progress; probability of injury (crime or accident): robbery or panic
alarms: urgent cover calls from officers Response: Immediate response by two officers from any source or assignment, immediate
response by paramedics /fire if injuries are believed to have occurred.
2Priority 2 Urgent Calls are misdemeanor in progress possibility of injury serious non - routine calls (domestic violence or other
disturbances with potential for violence): burglar alarms Response: Immediate response by one or more officers from clear units or
those on interruptible activities (traffic field interviews, etc.)
site address, otherwise referred to as "received to arrive."
Implementation Measures:
1. Should the GMOC determine that the Priority 1 — Emergency Calls threshold standard is not being met due
to growth impacts, then the city council should, within 60 days, of the GMOC's report,', schedule and hold a
public hearing to: a) consider adopting a moratorium on the issuance of new building permits; or b) adopt
other actions sufficient to rectify the deficiency(ies).
2. Should the GMOC determine that the Priority 2 — Urgent, Calls threshold standard is not being met, it may
issue a Statement of Concern in its annual report.
B. Fire and Emergency Medical Services.
Goal: To maintain and improve the quality of fire protection and emergency medical services (EMS) in the city
of Chula Vista.
Objective: Ensure that Fire /EMS staff are properly equipped and trained to provide the desired level of service
throughout the city .
FacilitY,Master, Plan:, A minimum of every five years, or whenever an update is needed, the city manager shall
bring` a fire and" medical services master plan to the city council for their consideration. The master
plan shall include provisions for facilities, equipment and deployment.
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 should, 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).
2. The GMOC may issue a Statement of Concern 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 not being met due to
growth impacts, but the Facility Master Plan is meeting its milestone targets, in which case the Fire
Department will address the adequacy of the Facility Master Plan
C. Libraries.
Goal: To provide a high - quality, contemporary 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 new development.
Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall
bring a libraries master plan to city council for their consideration. The master plan shall define the adequacy
of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation,
and identify library square,footage`.needs consistent with the threshold standard at build -out.
Threshold Standard: The city shall not fall below the citywide ratio of 500 gross square feet (GSF) of library
space,
per 1,000 population.
Implementation M sures
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 manager should present to
city council, for their consideration, a plan of action, which includes timing benchmarks and a finance plan
that will bring the library system into conformance.
2. The GMOC shall be provided with an annual report that documents the appropriate staffing levels,
equipment and operating hours of library facilities over the past year, current year operation, and
anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed,
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equipped, or are not maintaining appropriate hours of operation, it may issue a Statement of Concern in its
annual report.
D. Parks and Recreation.
Goal: To provide a diverse and flexible park system that meets both the active and passive recreational needs
of the residents of Chula Vista.
Objective: Provide public park and recreational opportunities in a timely manner, implementing a facility master
plan that describes the location, facility improvements, operational policies and funding-program, for proposed
public parks and recreation facilities.
Facility Master Plan: A minimum of every five years, or whenever an update is.needed,, the city manager shall
bring a parks and recreation master plan to city council for their consideration, and shall define terms, such as
"appropriate facilities." Supplemental information may come from the Recreation Department Strategic Plan
and from specific plans.
Threshold Standards:
1. Three acres of public park land, with appropriate facilities, shall be provided per 1,000 residents for new
development, citywide.
2. Park demand created by new development in Chula Vista west of Interstate 805 shall be met by new park
facilities in Chula Vista west of Interstate 805.
Implementation Measures
1 Should the GMOC detrmme that the threshold standards are not being met, then the city manager should
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present to'the citycouncil, for their consideration, a plan of action that includes timing benchmarks and a
finance plan that will bring the parks 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 manager should, within 60 days of the GMOC's report,
schedule and hold a public hearing to: a) consider adopting a moratorium on the acceptance of new
building permits; or b) adopt other actions sufficient to rectify the deficiency(ies).
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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
Chula Vista, 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:
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1. Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for
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the current system and for budgeted improvements, as set forth in the Subdivision Manual =r'
2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority
or other means sufficient to meet the projected needs of development.
Implementation Measures:
1. The city engineering department shall annually gather and provide the following information to the GMOC:
a. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of
Chula Vista's contracted share;
b. Ability of sewer facilities and Chula Vista's share of the Metropolitan Sewer System's capacity to
absorb forecastedgrowth over the next five years;
c. Evaluation of.;fundifig and site availability for budgeted and projected new facilities; and
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.
2. The GMOC shall annually review the performance of the city's storm drain system, with respect to the
impacts of new development, to determine its ability to meet the goal and objective for drainage
Implementation Measures:
1. Should the GMOC determine that the threshold standards are not being met, with respect to new
development, then the city manager should present to the city council, for their consideration, a plan of
action that includes timing benchmarks and a finance plan that will bri=ng the storm drain system into
conformance. Construction or other actual solution shall be scheduled to commence within three years.
2. Should the GMOC determine that the threshold, standard is not being met, with respect to existing
development, it may issue a Statement of Concern in its annual report.
G. Traffic.
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 a high quality of traffic 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 acceptable
LOS standards at build -out of the General Plan's "Land Use and Transportation Element;'.
3. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most
current Bikeway Master Plan and Pedestrian Master Plan.
Threshold Standards:
1. Arterial Level of Service (ALOS) for Non -Urban Streets: ThoK raffic Monitoring Program (TMP) roadway
segments classified as other than Urban Streets in the "Land Use and Transportation Element" of the city's
General Plan shall maintain LOS "C" or better as measured by observed average travel speed on those
segments; except, that during peak hours, LOS "D" can occur for no more than two hours of the day.
2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the
"Land Use and Transportation Element" of the city's ;General Plan shall maintain LOS "D" or better, as
and special circumstance variations.
2. The LOS measurement of arterial segments at freeway ramps shall be a growth management
consideration iii 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.
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5. Level of service values for arterial segments shall be based on the HCM.
Implementation Measures:
1. Should the GMOC determine that the threshold standard are not being met, due to growth impacts, then
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 permits, or b) other actions
sufficient to rectify the deficiency(ies). "
2. The GMOC may issue a Statement of Concern in its annual report if it determines that the threshold
standard will likely not be met within three years, due to growth impacts.
3. The Department of Public Works shall annually report on progress made in implementing construction of
facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development
Impact Fee Program (TDIF), and the Western TDIF.
Monitoring Methodology
1. Identify all Traffic Monitoring Program (TMP) corridors and classify according to the latest Highway
Capacity Manual (HCM) methodology. Typically; a TMP roadway is 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 is "C"
or worse on a street segment located within a city TMP corridor, then the city shall consider conducting a
TMP measurement.; ADT volume data shall not be older than two years.
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 coltaction andvolume data methodology that utilizes the latest technology consistent with HCM
protocol can be used in obtaining arterial LOS, subject to approval by the city's traffic engineer.
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 Vista, with new project development providing self-
financing of capital projects.
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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.
2. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate
and timely use of such funds.
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3. Monitor and update the effectiveness of various public facility master plans to ensure adequate,funding will
be available to meet the demands of growth.
Threshold Standards: '
1. Fiscal Impact Analyses and Public Facilities Financing Plansat the time they are adopted, shall ensure
that new development offsets the cost of development.
2. 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 standards, a Development Impact Fee,
capital improvement funding, and other necessary funding programs or mechanisms.
Implementation Measures:
1. Use Fiscal Impact Analyses (FIA) and Public Facility Financing Plans (PFFPs) to evaluate and ensure that
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 revenues and related economic activity 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 that provides an evaluation of the impacts
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city in terms of operations and capital improvements. This report should evaluate actual
previous 12 -month period, as well as projected growth over the next 5 -year period.
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 projects included within the DIF programs.
19.09.050 Threshold Standards for External Facilities and Services.
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A. Air Quality and Climate Protection.
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Goal: To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista.
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 (AB32), and the Chula Vista ;
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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.
2. After the city prepares an annual evaluation report, it shall provide a copy of the 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 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 Vista and local planning,and development activities.
3. Should the GMOC determine that a deficiency exists with respect to any of the abo4air quality and
climate protection implementation measures, either locally, regionally or both, it may issue a Statement of
Concern 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 mechanisms to meet the
needs of students in new development areas in a timely manner.
Objective: Provide school district personnel with current development forecasts so that they may plan and
implement school building and /or allocation programs in a timely manner.
Facility Master Plan: The GMOC will+ request updates of the school districts' facility master plans or equivalent
documents that define the schools' essential facility needs necessary to provide adequate physical
accommodation
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 districts should address the following:
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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
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.
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C. Water
Goal: To ensure that adequate supplies of potable and recycled water are available to the city of Chula Vista.
Objectives:
1. Ensure that adeouate,'storage; treatment and transmission facilities are constructed concurrently with
planned growth.
2. Ensure that water `'`quality standards requirements are met during growth and construction.
3. Endourage water conservation and use of recycled water where appropriate and feasible.
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 shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the
Otay Municipal Water District with the city's annual 5 -year residential growth forecast and request that they
provide an evaluation of their ability to accommodate forecasted growth. Replies should address the
following:
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ATTACHMENT 3 — Accepted Edits Version
a. Water availability to the city, considering both short- 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.
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 water, 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;
ry
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
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 concerns of
in "B" below.
B. Fi
Prior to adopting an ordinance imposing a limit on building permits, the city council shall consider making one
or more of the following findings:
1. That continued development will make it unlikely for the intent of the Growth Management Program to
be achieved, as expressed by the "Growth Management Element' of the General Plan and this
chapter.
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ATTACHMENT 3 — Accepted Edits Version
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 Chula Vista.
3. That continued development will strain the city's fiscal resources an ability to deliver high quality
services to all its residents.
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 specifies;
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 (units
sold or rented at below market rates to meet the city's Housing, Element requirements). Exceptions
might include units that have been allocated as part of a separate agreement (e.g., a development
agreement);
4. Any conditions that would allow the moratorium to be lifted prematurely; and
5. How the building permits shall be allocated.
19.09.080 Requirement for Public Facilities Finance Plans (PFFP), Air Quality
Imarovement Plans, and Water Conservation Plans.
A. Public Facilities Financing Plans.
2. A_PFFP that includes the project, has already been initiated; or
3. The applicant initiates the preparation of a PFFP.
The PFFP may be waived by the city council upon a showing that there are no public facilities, infrastructure
and service needs warranting the preparation of a PFFP.
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:
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ATTACHMENT 3 — Accepted Edits Version
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 project, has already been initiated; or
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 Development
Services Director shall require.
C. Water Conservation Plans. No application for an 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 Water Conservation Plan that has been approved by the city Qr.1
4,
2. A Water Conservation Plan, that includes the project, has already been initiated' or
3. The applicant initiates the preparation of a Water Conservation Plan in such form and /or containing
such information, including maps, drawings, diagrams, etc., as the city Development Services Director
shall require.
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
Conservation Plan. To provide consistency
and implementation of said plans, the city council may impose any condition to the approval of a SPA plan or
Tentative Map necessary, to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation
Plan, the Growth Management Program, or the Facility Master Plans.
E. No Final Map shall;,be approved. until all the conditions of the PFFP, the Air Quality Improvement Plan and
the Water ConserG"tion Pl'n have been met, or the project applicant has provided adequate security to the city
ta
that said plarts,will be implemented.
V
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 impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or
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.
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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 capacity prior to completion of development unless
the means, schedule and financing 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).
19.09.090 Public Facilities Finance Plan (PFFP) Contents.
A. The required contents of a Public Facilities Finance Plan (PFFP) are outlined in Appendix C„of the city's
Growth Management Program Implementation Manual, as may be amended from time to time.
19.09.100 Public Facilities Finance Plan (PFF
................................................................................................................................... ...............................
A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently
with the SPA plan or Tentative Map.
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 PFFP is accepted.
C. A PFFP for a project shall be prepared by the city;'or a consultant selected by the city, according to the
procedures established by this chapter.
D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or
owners prior to PFFP 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:
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 the Development Services Director determines that the plan complies with the provisions of
this chapter, the 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.
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ATTACHMENT 3 — Accepted Edits Version
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 furnished 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.
a�
4. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public
hearing before the city council. 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
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.
6. A PFFP maybe 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 shall ensure that PFFPs are prepared for all SPA plans and Tentative
Maps, or equivalent projects pursuant to CVMC 19.48.
B. In the event that the 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.
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
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ATTACHMENT 3 — Accepted Edits Version
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
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 time and place of the
hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall
have the right to present witnesses, reports, and oral and written testimony. Prior to approving a change, the
city shall find that (i) the circumstances were unknown or that the circumstances have changed; and (ii) the
health, safety or welfare of the 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 the PFFP or the development of the
property.
r
If, after notice and hearing, the council determines that a deficiency exists, then no further building or
development permits shall be issued within the affected area and idevelopment shall cease until an amendment
to the applicable PFFP mitigating the deficiency is approved by the city council.
D. The city council may initiate an amendment to any PFFP at any if, in its discretion, it determines that an
amendment is necessary to provide adequate facilities and improvements and subsequent permits will be
conditioned on conformance. (Ord. 2448 § 2, 1991).
19.09.140 Exce
Exclu
A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development
agreement entered into between the city and a developer.
B. Exclusions. Development projects which consist of facilities or structures constructed by a city, county,
or federal government or any agency, department, or subsidiary thereof for governmental
m the provisions of this chapter. To the extent that the city has authority to regulate
such development projects, 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).
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
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ATTACHMENT 3 — Accepted Edits Version
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 Law.
Nothing in this chapter shall be 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 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 plans (Ord. 2448 §'2, 1991).
19.09.180 Council Actions, Fees, Notice.
A. Whenever this chapter requires or permits an action or decision of the city council, that action or decision
shall be accomplished by resolution 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 required to be given to property owners under this chapter, the notice shall be
I 4,
mailed by first class maif to the owners shown on the last equalized assessment roll. (Ord. 2448 § 2, 1991).
19.09.190 Severability.
If any section, subsections sentence, clause or phrase of the ordinance codified in this chapter is for any reason
held to be Anvalid okunconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the va idity'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, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or
unconstitutional. (Ord. 2448 § 2, 1991).
19.09.200 Facilitv 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, libraries, parks and recreation, wastewater, drainage and circulation. In
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ATTACHMENT 3 — Accepted Edits Version
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
financing plans to accomplish identified improvements.
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