HomeMy WebLinkAboutAgenda Packet 2018_10_16 500October 16, 2018City Council Agenda
PRESENTATION BY SOUTHWESTERN COLLEGE
SUPERINTENDENT/PRESIDENT DR. KINDRED MURILLO
ON THE NEW / PLANNED PERFORMING ARTS CENTER
ON CAMPUS
18-0396D.18-0396
PRESENTATION OF A PROCLAMATION RECOGNIZING
OCTOBER 2018 AS MANUFACTURING MONTH IN THE
CITY OF CHULA VISTA
18-0453E.18-0453
PRESENTATION ON THE 2020 CENSUS FULL COUNT
EFFORT BY ROBERTO GARCIA, PARTNERSHIP
SPECIALIST
18-0456F.18-0456
CONSENT CALENDAR (Items 1 - 7)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out a “Request
to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items
pulled from the Consent Calendar will be discussed immediately following the Consent
Calendar.
APPROVAL OF MINUTES of May 1, and 8, 2018.18-04721.18-0472
Council approve the minutes. Recommended Action:
WRITTEN COMMUNICATIONS
Memo from Councilmember Aguilar requesting an excused
absence from the October 2, 2018 council meeting.
18-04812.18-0481
Council excuse the absence. Recommended Action:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM AND AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH
19.87 AND MAKING CERTAIN FINDINGS WITH REGARD
THERETO (SECOND READING AND ADOPTION)
18-04703.18-0470
Development Services Department Department:
The proposed Amendment was adequately covered in the previously
a dopted/certified Final Environmental Impact Report
UPD#83356-EIR-65B/SCH#2005081077 for the Bayfront Master Plan.
An Addendum to the FEIR has been prepared.
Environmental Notice:
Council adopt the ordinance. Recommended Action:
Page 2 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 2
October 16, 2018City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DRAFT PARK MASTER
PLANS FOR THE 5.057 ACRE PARK P-5 AND THE 7.1
ACRE PARK P-2 IN OTAY RANCH AND THE NAMES OF
THE PARKS RESPECTIVELY “MEADOW PARK” AND
“ORCHARD PARK”
18-03694.18-0369
Development Services Department Department:
The Project was adequately covered in previously certified Final
Second Tier Environmental Impact Report, EIR 02-02 and Final
Supplemental Environmental Impact Report, SEIR 12-01 for the Otay
Ranch Village Two Sectional Planning Area (SPA) Plan.
Environmental Notice:
Council adopt the resolution. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A TIME LIMITED PARKING
ZONE ALONG THE SOUTH SIDE OF E. PALOMAR
STREET, 1900 BLOCK
18-03935.18-0393
Engineering Department Department:
The Project qualifies for a Class 1 Categorical Exemption pursuant to
Section 15301 (Existing Facilities) of the California Environmental
Quality Act State Guidelines.
Environmental Notice:
Council adopt the resolution. Recommended Action:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2017/2018 BUDGET TO ADJUST FOR
VARIANCES, AND APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
18-04166.18-0416
Finance Department Department:
The Development Services Director has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA)
and has determined that filing of the quarterly financial status report is
not a “Project” as defined under Section 15378 of the State CEQA
Guidelines because it will not result in a physical change to the
environment; therefore, pursuant to Section 15060(c)(3) of the State
CEQA Guidelines the actions proposed are not subject to CEQA.
Environmental Notice:
Council adopt the resolution. Recommended Action:
Page 3 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 3
October 16, 2018City Council Agenda
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDED AND RESTATED
AGREEMENT WITH AMERICAN MEDICAL RESPONSE
AMBULANCE SERVICE, INC. FOR UP TO A THREE-YEAR
TERM FOR BASIC AND ADVANCED LIFE SUPPORT (ALS)
SERVICES WITHIN THE CHULA VISTA, IMPERIAL BEACH,
AND BONITA / SUNNYSIDE FIRE PROTECTION DISTRICT
EXCLUSIVE OPERATING AREA; APPROVING A RELATED
AMENDED AND RESTATED ADMINISTRATIVE
AGREEMENT FOR SPECIAL TERMS FOR ALS SERVICES
WITHIN CHULA VISTA INCLUDING REIMBURSEMENT
PAYMENTS TO CITY FOR CITY FIRST RESPONDER ALS
SERVICES; AND WAIVING THE COMPETITIVE BID
PROCESS AS IMPRACTICAL UNDER CVMC 2.56.070
18-04187.18-0418
Fire Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the resolution. Recommended Action:
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally
prohibits the Council from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Council may schedule the topic for future discussion or refer the matter
to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you wish
to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
Page 4 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 4
October 16, 2018City Council Agenda
A. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING
AND ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND
IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES -
PERMITS - APPLICATIONS - HEARINGS - APPEALS,” 19.16
“EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 - APARTMENT
RESIDENTIAL ZONE,” 19.38 “C-V - VISITOR COMMERCIAL
ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL
ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48
“P-C - PLANNED COMMUNITY ZONE,” 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62
“OFF-STREET PARKING AND LOADING” TO DEFINE AND
ESTABLISH PROCEDURES TO PERMIT EMERGENCY
SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
(FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
15.20 “HOUSING CODE” TO DEFINE SINGLE ROOM
OCCUPANCY RESIDENCES, TO REDEFINE
HOTEL/MOTEL, AND TO REQUIRE AN ANNUAL HOUSING
PERMIT FOR SINGLE ROOM OCCUPANCY RESIDENCES
(FIRST READING)
18-04108.18-0410
Development Services Department Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. Notwithstanding the foregoing, the activity qualifies
for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
Environmental Notice:
Council conduct the public hearing and place the ordinances on first
reading.
Recommended Action:
Page 5 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 5
October 16, 2018City Council Agenda
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the Council and
are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill
out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS, AWARDING A
CONTRACT FOR DEVELOPING AND IMPLEMENTING A
COMMUNICATIONS OUTREACH PROGRAM TO INFORM
RESIDENTS ABOUT SCHEDULE, PROGRESS, AND
MILESTONES ON MEASURE P, AND INFRASTRUCTURE
PROJECTS (RFP PO2-18/19) TO NV5, INC.; AUTHORIZING
THE EXPENDITURE OF $172,520 IN PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL (PEG) AND/OR
OTHER GENERAL FUNDS FOR AN INITIAL TERM FROM
OCTOBER 16, 2018 TO JUNE 30, 2021; AND, APPROVING
UP TO TWO, ONE-YEAR EXTENSIONS (4/5 VOTE
REQUIRED)
18-04059.18-0405
City Manager Department:
The activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
Environmental Notice:
Council adopt the resolution. Recommended Action:
CITY MANAGER’S REPORTS
MAYOR’S REPORTS
COUNCILMEMBERS’ COMMENTS
CITY ATTORNEY'S REPORTS
Page 6 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 6
October 16, 2018City Council Agenda
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council meeting at the City Attorney’s office in accordance with the
Ralph M. Brown Act (Government Code 54957.7).
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives:
Gary Halbert, Glen Googins, Kelley Bacon, David Bilby,
Courtney Chase, Ed Prendell and Simon Silva
Employee organization(s): Mid-Managers/Professional
Association/Service Employees International Union, Local
221 (MM/PROF/SEIU)
18-048210.18-0482
ADJOURNMENT
in memory of Captain Claude Alexander Rowe, Jr., July 7, 1921 - September 20, 2018.
to the regular City Council meeting on October 23, 2018, at 5:00 p.m., in the Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available for
public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both
channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
Page 7 City of Chula Vista Printed on 10/11/2018
2018-10-16 Agenda Packet Page 7
City of Chula Vista
Meeting Minutes - Draft
5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, May 1, 2018
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:02 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present:Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor
Casillas Salas
Absent:Councilmember Aguilar
Councilmember McCann arrived at 5:03 p.m.
Also Present: Assistant City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, and
Deputy City Clerk Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Padilla led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A.18-0138 PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 1, 2018
AS SANDY CHAVEZ DAY IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Ms. Chavez.
The following members of the public spoke regarding Sandy Chavez' retirement:
- Dr. B, Chula Vista resident, representing Norman Park Senior Center
- Margaret Thomas, Chula Vista resident
- Shirley Dorscher, Chula Vista resident
- Kay Bodge, National City resident
B.18-0124 PRESENTATION OF A PROCLAMATION TO PARKS & RECREATION
ADMINISTRATOR TIM FARMER, PROCLAIMING MAY 19, 2018 AS KIDS
TO PARKS DAY IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Deputy Mayor Diaz presented it to Recreation
Administrator Farmer.
C.18-0187 PRESENTATION OF A PROCLAMATION PROCLAIMING MAY 12, 2018
AS NEIGHBOR DAY IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to the Resident
Leadership Academy graduates.
Page 1City of Chula Vista
2018-10-16 Agenda Packet Page 8
May 1, 2018City Council Meeting Minutes - Draft
D.18-0188 PRESENTATION OF A PROCLAMATION PROCLAIMING NATIONAL
PUBLIC WORKS WEEK - “THE POWER OF PUBLIC WORKS” IN THE
CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Director of Public
Works Hopkins and members of the Public Works Department.
E.18-0151 SPECIAL RECOGNITION OF THE WINNERS OF THE “MY FUTURE
COMMUNITY” DRAWING CONTEST FOR THE AGE-FRIENDLY ACTION
PLAN: ABIGAIL PEREZ, KARA SANTOS, NATHAN SEVILLA, FRANCES
SOTO, MARIAN NABO, JANESSA RINCON, AUBREE ANTOINE, AND
COLTEN STURGESS
Sr. Project Coordinator Kurz announced the recipients of the "My Future Community Drawing" contest
awards. Deputy Mayor Diaz, Councilmember McCann and Councilmember Padilla presented the awardees
with certificates.
F.18-0183 PRESENTATION REGARDING “LAW DAY” BY DEPUTY DISTRICT
ATTORNEY CARLOS VARELA, CHIEF OF THE SOUTH BAY DIVISION,
AND CITY ATTORNEY GLEN GOOGINS, AND PRESENTATION OF A
PROCLAMATION PROCLAIMING MAY 1, 2018 AS “LAW DAY” IN THE
CITY OF CHULA VISTA
City Attorney Googins and South Bay District Attorney Carlos Varela gave a presentation regarding Law
Day. Mayor Casillas Salas read the proclamation and Deputy Mayor Diaz presented it to City Attorney
Googins and Mr. Varela.
CONSENT CALENDAR (Items 1 - 4)
Mayor Casillas Salas stated Item 2 was removed from the Consent Calendar at the request of Deputy
Mayor Diaz and Item 3 was removed at the request of a member from the public.
1.18-0184 APPROVAL OF MINUTES of the Special City Council Workshop on
December 12, 2017.
Recommended Action: Council approve the minutes.
Items 2 and 3 were removed from the Consent Calendar.
4.18-0119 RESOLUTION NO. 2018-066 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING MULTIPLE DONATIONS, SPONSORSHIPS
AND GRANT FUNDS IN THE AMOUNT OF $12,280 FOR COSTS
ASSOCIATED WITH RECREATION FACILITIES AND PROGRAMS, AND
AMENDING THE FISCAL YEAR 2017/2018 RECREATION
DEPARTMENT BUDGET TO REFLECT THE APPROPRIATION OF
THESE FUNDS (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Page 2City of Chula Vista
2018-10-16 Agenda Packet Page 9
May 1, 2018City Council Meeting Minutes - Draft
Approval of the Consent Calendar
A motion was made by Councilmember Padilla, seconded by Mayor Casillas
Salas, to approve staff's recommendations on the above Consent Calendar items,
headings read, text waived. The motion carried by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
ITEMS REMOVED FROM THE CONSENT CALENDAR
2.18-0182 ORDINANCE NO. 3425 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE TO
INCREASE OUTDOOR LIGHTING EFFICIENCY FOR SPECIFIC
COMMERCIAL OUTDOOR LIGHTING APPLICATIONS (SECOND
READING AND ADOPTION)
Conservation Specialist Downs responded to questions and comments of Council.
A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, to adopt Ordinance No. 3425, heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:McCann, Padilla and Casillas Salas3 -
No:Diaz1 -
Abstain:0
3.18-0098 RESOLUTION NO. 2018-065 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REPEALING COUNCIL POLICIES 840-01 “REGULATION
AND PROHIBITION OF SMOKING IN CERTAIN AREAS IN THE CITY OF
CHULA VISTA USED BY OR OPEN TO THE PUBLIC,” 840-02
“SMOKING IN NON-PUBLIC AREAS OF CITY BUILDINGS,” AND THE
ENVIRONMENTAL TOBACCO SMOKE CONTROL DIRECTIVE
Steven Pavka, Chula Vista resident, expressed concern regarding the effects of smoking.
A motion was made by Councilmember McCann, seconded by Deputy Mayor
Diaz, to adopt Resolution No. 2018-065, heading read, text waived. The motion
carried by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
Page 3City of Chula Vista
2018-10-16 Agenda Packet Page 10
May 1, 2018City Council Meeting Minutes - Draft
PUBLIC COMMENTS
Steven Pavka, Chula Vista resident, spoke in support of outlawing military-style weapons.
Grace Johnson spoke in opposition to legalizing commercial marijuana activities.
Damien Johnson spoke in opposition to legalizing commercial marijuana activities.
Carol Green, Chula Vista resident, provided suggested changes to the adopted marijuana ordinance.
Laura Wilkenson, Coronado resident, spoke in support of legalizing marijuana activity.
PUBLIC HEARINGS
5.18-0068 RESOLUTION NO. 2018-067 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RETAINING THE ADMINISTRATIVE FEE FOR RENT
CONTROL SERVICES AT $25 FOR FISCAL YEAR 2018-19 IN
CHAPTER 18 (MOBILEHOMES) OF THE CITY’S MASTER FEE
SCHEDULE
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Senior Project Coordinator Kurz gave a presentation on the item.
Mayor Casillas Salas opened the public hearing.
Steven Pavka, Chula Vista resident, spoke in opposition to staff's recommendation.
Mayor Casillas Salas closed the public hearing.
Council discussion ensued.
Councilmember Padilla spoke regarding the benefits of the rent review service.
Mayor Casillas Salas re-opened the public hearing.
Steven Pavka, Chula Vista resident, spoke again in opposition to the item.
Virginia Johnson, Coronado resident, spoke in support of the item.
There being no other members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
A motion was made by Deputy Mayor Diaz, seconded by Councilmember Padilla,
to adopt Resolution No. 2018-067, heading read, text waived. The motion carried
by the following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
Page 4City of Chula Vista
2018-10-16 Agenda Packet Page 11
May 1, 2018City Council Meeting Minutes - Draft
6.18-0185 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-17-
001; SCH NO. 2016041080) FOR THE OTAY RANCH PORTION OF
VILLAGE FOUR SECTIONAL PLANNING AREA PLAN, GENERAL
DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAP
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AMENDMENTS TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN TO REFLECT LAND USE AND POLICY
CHANGES FOR APPROXIMATELY 166 ACRES WITHIN THE OTAY
RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT,
MAPS AND TABLES
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A NEW PORTION OF VILLAGE FOUR SECTIONAL
PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY
DOCUMENTS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE MAP CVT-15-03 (PCS15-03) FOR THE
PORTION OF VILLAGE FOUR PROJECT, SUBJECT TO THE
CONDITIONS CONTAINED HEREIN
E. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT REGULATIONS FOR OTAY RANCH PORTION OF VILLAGE
FOUR (FIRST READING)
(This item has been continued to the May 15, 2018 City Council Meeting.)
A motion was made by Councilmember Padilla, seconded by Councilmember
McCann, to continue the item to May 15, 2018. The motion carried by the
following vote:
ACTION:
Yes:Diaz, McCann, Padilla and Casillas Salas4 -
No:0
Abstain:0
Mayor Casillas Salas opened the public hearing and continued it to May 15, 2018.
Page 5City of Chula Vista
2018-10-16 Agenda Packet Page 12
May 1, 2018City Council Meeting Minutes - Draft
CITY MANAGER’S REPORTS
Assistant City Manager Kachadoorian announced that the City and NV5 had received the 2018 EPIC
award from the California Association of Public Information Officers for the "This is Chula" campaign.
Marketing and Communications Manager Steinberger spoke regarding phase 2 of the "This is Chula"
campaign.
MAYOR’S REPORTS
At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to a future
meeting agenda to consider opposition off-shore drilling.
Mayor Casillas Salas reported her attendance at the following recent events: Opening of Montecito Park,
annual Growth Management Oversight Commission workshop, Rotary Club presentation, Coffee with the
Mayor that she and Councilmember Padilla attended, Day of the Child, and the Library Foundation's Bon
Appetit fundraiser. She also announced the upcoming Mayor's State of the City Address and Coffee with
the Mayor event. Mayor Casillas Salas congratulated the Chula Vista Football Club for winning the
California South Adult State Men's Championship.
COUNCILMEMBERS’ COMMENTS
Councilmember McCann reported his participation in the following events: Police Department promotion
ceremony, Arbor Day event, and a Night to Remember Prom.
Deputy Mayor Diaz announced an upcoming Coffee with a Cop event.
Councilmember Padilla commented on the Coffee with the Mayor/Councilman event he attended, and
announced he would be hosting a coffee event on the topic of public safety.
CITY ATTORNEY'S REPORTS
City Attorney Googins stated he had attended the Library Foundation event.
Mayor Casillas Salas paid tribute to David Schmitz and announced the meeting would be adjourned in his
memory.
ADJOURNMENT
At 6:53 p.m., Mayor Casillas Salas adjourned the meeting in memory of David Schmitz to the Mayor's
State of the City Address on May 8, 2018, at 6:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
Page 6City of Chula Vista
2018-10-16 Agenda Packet Page 13
City of Chula Vista
Meeting Minutes - Draft
6:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
Tuesday, May 8, 2018
MAYOR MARY CASILLAS SALAS
STATE OF THE CITY ADDRESS
A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
18-0193 STATE OF THE CITY ADDRESS
WELCOME
City Attorney Googins welcomed the audience to the 2018 State of the City Address, and introduced
special guests and dignitaries present at the meeting.
COLOR GUARD PRESENTATION
Chula Vista Police Department Honor Guard presented the colors.
PLEDGE OF ALLEGIANCE
City Attorney Googins introduced Girl Scout Troop 6113, who led the Pledge of Allegiance.
NATIONAL ANTHEM
Emily Bautista performed the National Anthem.
INVOCATION
City Attorney Googins introduced Pastor Emma Davies of C3 Church, who offered the invocation.
COMMUNITY AWARDS PRESENTATION
Members of the Council presented community awards. Mayor Casillas Salas recognized the Youth Sports
Council. Deputy Mayor Diaz recognized Salvador Garcia and Lupita Ramon. Councilmember Aguilar
recognized Bill and Miriam Schlegel. Councilmember McCann recognized The Phair Company.
Councilmember Padilla recognized Zaneta Salde Encarnacion.
STATE OF THE CITY ADDRESS
City Attorney Googins introduced Mayor Mary Casillas Salas.
Mayor Casillas Salas presented the State of the City Address.
ADJOURNMENT
At 6:56 p.m., the meeting was adjourned to a reception.
_______________________________
Kerry K. Bigelow, MMC, City Clerk
Page 1City of Chula Vista
2018-10-16 Agenda Packet Page 14
2018-10-16 Agenda Packet Page 15
City of Chula Vista
Staff Report
File#:
A. RESOLUTION NO. 2017-221 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONSIDERING ADDENDUM TO ENVIRONMENTAL IMPACT REPORT UPD#83356-EIR-
65B/SCH#2005081077, MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED
2005 GENERAL PLAN AND LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND
DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL
COMMISSION
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC
PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 AND MAKING CERTAIN FINDINGS
WITH REGARD THERETO (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolution and place the ordinance on first reading.
SUMMARY
The development firm of Land Developers and Associates Corporation (LDA), operating under the
name of City of Chula Vista Property, LLC (Property Owner), and owner of the property located within
the Bayfront Local Coastal Program Area (see Attachment 1) at 789 E Street, proposes to change the
land use and zoning designation for that property from the current designation of Professional Office
to Commercial Visitor.
The subject property is located in the Sweetwater District of the Chula Vista Bayfront Local Coastal
Program (see Attachment 2 - Locator Map). The property consists of two legal lots comprising
approximately 4.81 acres and is located on Bay Boulevard north of E Street, between the SDG&E
right-of-way and the Interstate 5 freeway (Site). The Site is designated and labeled in the Local
Coastal Program documents as Parcel 1a.
The proposed Amendment would ultimately allow the construction of hotels instead of offices. The
proposed change in use requires minor changes to the City’s General Plan and the Local Coastal
Program (LCP) Land Use Plan and Specific Plan, as described in this report. The proposed
Amendment requires a recommendation from the Planning Commission and approval by the City
Council. The Planning Commission, at its meeting of October 25, 2017, recommended that the City
Council approve the proposed Amendment. If the City Council decides to approve the proposed
Amendment, the City Council’s action to amend the LCP would be forwarded to the California
Coastal Commission for Certification. Final approval by the City would be contingent upon approval
by the California Coastal Commission.
ENVIRONMENTAL REVIEW
City of Chula Vista Printed on 1/17/2018Page 1 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 16
File#:17-0407, Item#: 6.
Environmental Notice
The proposed Amendment was adequately covered in the previously adopted/certified Final
Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077 for the Bayfront Master Plan.
An Addendum to the FEIR has been prepared.
Environmental Determination
The Director of Development Services has reviewed the proposed Amendment for compliance with
the California Environmental Quality Act (CEQA) and has determined that the Amendment was
covered in previously adopted/certified Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077 (the “FEIR”). The Director of Development Services has determined that only
minor technical changes or additions to the FEIR are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Services Director has prepared an Addendum
to the FEIR (see Attachment 3).
BOARD/COMMISSION RECOMMENDATION
The Planning Commission considered the proposed Amendment at its public hearing of October 25,
2017 and approved a resolution recommending that the City Council consider the Addendum to
Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077, and approve the proposed
amendments to the Chula Vista 2005 General Plan, Local Coastal Program Land Use Plan and
Specific Plan, and Chula Vista Municipal Code Chapters 19.81 thru 19.87, as presented in the
Resolution and Ordinance attached hereto.
DISCUSSION
The Site currently has a General Plan land use designation of Professional & Office and a Local
Coastal Program (Land Use Plan and Specific Plan) land use and zoning designation of Commercial
- Professional and Administrative (CP). The proposed Amendment would change the General Plan
and Bayfront Local Coastal Program designation/zoning to Commercial - Visitor Limited (C-VL). The
Amendment, however, would be unique and customized to this Site in that it would only allow hotels
along with the typical uses that are ancillary to hotels such as limited retail and restaurant. All other
land use regulations for the Site such as height, setbacks, parking, and floor area ratio, would remain
unchanged. The Amendment that is the subject of this report and resolutions does not involve
approvals of any building or site design drawings. Actual building and site plan approvals would be
subject to separate future application/approval and Project specific environmental review pursuant to
CEQA.
Proposed Areas of Revision:
The attached City Council Resolution and Ordinance contain a list of pages (Exhibit B) with the
proposed changes. Below is a list of those changes to the 2005 General Plan and the Local Coastal
Program.
1. Chula Vista 2005 General Plan
Page(s) LUT-45 General Plan Land Use Diagram
LUT-59 Table 5-6 General Plan Land Use Distribution (2030)
City of Chula Vista Printed on 1/17/2018Page 2 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 17
File#:17-0407, Item#: 6.
LUT-60 Table 5-7 General Plan Land Use in 2030
Nature of Proposed Revision:
The proposed change relates to the land uses contained in the diagram on the above referenced
page. The change, should the amendment be approved, would involve switching designator color to
red indicating a Commercial Visitor use zone.
Proposed amendments to Tables 5-6 and 5-7 would reallocate the approximately 5 acres from the
Commercial Office designation to Commercial Visitor where applicable.
2. Chula Vista Bayfront Local Coastal Program: Land Use Plan (adopted 09/2012; amended 07/2015
& 08/2015)
Pages: III-3; III-5; III-12 & III-13.
Nature of Proposed Revision:
Page III-3 - Change color of designator to indicate Commercial Visitor land use.
Page III-5 - Remove “C-P” reference and replace with “C-VL”; Remove office reference and change
to hotel; and change reference to ownership.
Page III-12 - Amend Table 3-1 to reallocate acreage distribution related to proposed land use change.
Page III-13 - Remove reference to parcel 1a and related office zone. Add “Commercial- Visitor
Limited (C-VL)” zone language.
3. Chula Vista Bayfront Specific Plan (September 2012)
Page 19 - Add “Commercial-Visitor Limited (C-VL)” zone language.
Analysis
Below is an analysis of the proposed Amendment to the General Plan and Local Coastal Program,
which consists of the Land Use Plan and Specific Plan.
General Plan Amendment
The General Plan Amendment (GPA) involves a land use designation change of approximately 4.8
acres from Professional Office to Commercial Visitor to accommodate hotel uses within the Bayfront
Planning Area.
The GPA proposes minor changes to the Land Use and Transportation Element of the General Plan
consisting of:
• Land use acreage adjustments; and
• Revisions to tables, maps, and graphics.
City of Chula Vista Printed on 1/17/2018Page 3 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 18
File#:17-0407, Item#: 6.
Bayfront Area Plan and Sweetwater Subarea
The subject property is within the Sweetwater District, north of the Harbor and Otay Districts within
the Bayfront Planning Area. Each of the subareas includes the Vision and applicable Objectives and
Policies, along with development parameters, similar to the format and content of other Planning
Areas in the General Plan. Each of the three Subareas contains unique opportunities and their own
envisioned character. There are Objectives for each of the Subareas that reflect the unique vision for
the respective subarea. For each of the Objectives, several Policies are crafted with particular
instructions that achieve the Objective. The Vision, Objectives and Policies of the Bayfront Area Plan
and Sweetwater District applicable to the Project are summarized and listed below.
a. Bayfront Area Plan: The Bayfront Area Plan envisions a world-class Bayfront in the City of
Chula Vista to benefit citizens and visitors to the region, and to complement existing and proposed
development within the City’s corporate boundaries.
• Objective 101 promotes a water-oriented focal point for the entire City with uses that are
attractive to visitors and residents.
• Policy 101 stipulates the provision of a balanced mix of land uses including visitor serving
commercial, cultural, civic, residential and open space conservation.
• Policy 101.3 encourages the allowance of development intensity that provides for economic
generators within the capacity of planned public services and infrastructure systems.
The proposed Commercial - Visitor land use designation is consistent with the Objective and Policies
above, by designating a land use that could accommodate hotel uses for visitors as well as residents
to the Bayfront area and City of Chula Vista. Convenient access to the Interstate 5 Freeway, existing
transit route, utilities, and water and sewer would be able to serve and accommodate mid-rise hotels
within the site.
b. Sweetwater: This northerly portion is envisioned to have a mixture of employment uses,
visitor-serving hotels and restaurants, and a Signature Park located in proximity to Interstate 5 that is
sensitive to the surrounding natural environment. These uses integrate the existing views of the Bay
and the Sweetwater Marsh Wildlife Refuge, including linkages to the Bayshore Bikeway, Chula Vista
Greenbelt trail system, and the Urban Core. It is intended as the lowest intensity of uses.
• Objective 107 encourages development activities that minimize impacts to surrounding
environmentally sensitive lands.
• Policy 107.2 encourages lower intensity and visitor-serving development such as hotel, mixed-
use commercial and office within the area.
The project site is at the most easterly portion of the Sweetwater District, adjacent to Interstate 5, and
minimizes impacts to sensitive lands further to the west. The Commercial Visitor designation is
consistent with and implements Policy 107.2 by accommodating hotel uses within the area.
General Plan Amendment Conclusion
The proposed GPA implements the goals and objectives envisioned for the Bayfront Planning Area
and Sweetwater District. The Commercial Visitor land use designation accommodates hotels, andCity of Chula Vista Printed on 1/17/2018Page 4 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 19
File#:17-0407, Item#: 6.
and Sweetwater District. The Commercial Visitor land use designation accommodates hotels, and
contributes to the development of a dynamic Bayfront for the City’s residents and visitors. The project
promotes development of hotels within the easterly portion of the Bayfront and protects sensitive
resources.
LCP Land Use Plan and Specific Plan
As listed above, the proposed Amendment to the Land Use and Specific Plans is limited and
intended to change the land use and zoning designation from office to hotel. As indicated above, the
Amendment to the LCP consists of changes to Pages III-3; III-5; III-12; and III-13 of the Land Use
Plan, which consist of changing designator colors and exchanging acronyms (C-P to C-VL) and
references to the land use and zoning for Parcel 1a.
The proposed changes to the LCP documents are intended to allow the development of hotels and
ancillary uses on Parcel 1a. The existing CP-O zone would be converted to Commercial - Visitor
Limited (C-VL). The requested modification would restrict uses to hotel uses only (CVMC §19.84.002
(A)(2)(a)) and would not permit other uses allowed under the zone unless C-V allowed commercial
and retail uses are ancillary to the main use and contained within the main structures. This would
ensure that first and foremost, all ancillary uses are provided for the use, convenience and enjoyment
of hotel guests.
The rationale for the restricted zoning and narrow definition of allowed uses proposed by the
developer is to limit the extent of impacts generated by the development and its operation to fall
below or, at a minimum be consistent with the range and level of impacts analyzed and mitigated in
the original project Environmental Impact Report (EIR). Allowing a host of uses permitted under the C
-V zone (restaurants, bowling alleys, etc.) would carry additional impacts and would potentially incur
supplemental environmental analysis. The proposed Amendment does not have any significant
impacts and is consistent with the 2005 General Plan and LCP based on the following:
• The proposed development is a hotel use permitted under the proposed C-VL zone;
• Project is not residential;
• The proposed use would be a select service hotel constructed to the building standards
currently allowed under the Chula Vista Bayfront Master Plan (CVBMP) (120,000 sq. ft./44 ft.
max);
• The limited C-VL zone would allow only hotel uses and would not permit other uses allowed
under the C-V zone unless ancillary to the hotel use and contained within the main hotel
structure.
Consistency with the General Plan and LCP
In preparation of this application, LDA produced a number of graphics and retained professional
consultants to generate reports covering a number of potential issue areas. Traffic, fiscal impacts and
water and sewer generation rates were developed and compared to levels that would exist under the
current zoning. Below is a discussion of these issue areas.
Land Use and Zoning Compatibility
Chula Vista General Plan
The Chula Vista General Plan sets forth several objectives and goals for future development of the
City and in particular the Bayfront. The proposed hotel use is consistent with the goals of the General
Plan from a citywide perspective, as well as for the Bayfront Planning Area. The General PlanCity of Chula Vista Printed on 1/17/2018Page 5 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 20
File#:17-0407, Item#: 6.
Plan from a citywide perspective, as well as for the Bayfront Planning Area. The General Plan
Amendment implements the goals and objectives envisioned for the Bayfront Planning Area and
Sweetwater District. The Commercial Visitor land use designation accommodates hotels, and
contributes in the development of a dynamic Bayfront for the City’s residents and visitors.
Local Coastal Program Land Use Plan and Specific Plan
The proposed zoning change would be consistent with Chula Vista’s LCP. Under the plan, (Table 3-1,
pg. III-12) the land use distribution would still allow for 21 acres of office use and increase
Commercial Visitor uses to just over 10 acres. Other goals contained in the LCP are consistent with
the proposed rezone and General Plan Amendment. The freeway orientation of the site, the
integration of non-motorized transportation modes and the protection of coastal sight lines are all
factors inherent in the proposal and consistent with goals established by the LCP. The proposed use
is consistent with the LCP, which includes hotel uses. All development standards and requirements
included in the LCP for the site will remain the same and they all can be achieved. Moreover, the
proposed use generates fewer environmental impacts than the allowed professional office use, as
further explained below. The Bayfront Specific Plan is intended to implement applicable land use
policy documents through a series of specific design related regulations. The current request by LDA
is to rezone Parcel 1a through amendments to the Chula Vista General Plan and LCP. The Specific
Plan requires development related standards that are not directly applicable to a use-related rezone
application.
Chula Vista Bayfront Master Plan
Aside from the change in use, the LDA proposal adheres to all requirements contained in the
CVBMP. The developer will be encouraged to fully integrate the subject site with other public uses in
the Sweetwater District and work to design and construct an appropriate gateway for the E Street
entrance to the Bayfront. The GPA implements the goals and objectives envisioned for the Bayfront.
The LDA proposal, if approved, has the ability to encourage development in the northern portion of
the Bayfront. The proposal would also fund infrastructure improvements. The provision of lower cost
hotel accommodations is consistent with the goals of the Coastal Act.
Environment
The Chula Vista General Plan identifies hotel development as a low intensity use and recommends
visitor related uses as a goal in the northwest sector of Chula Vista. In addition to the building size
and height, LDA is required to comply with all CVBMP requirements with respect to energy efficiency,
landscaping, protection zones, building materials and operations, etc. The LDA proposal will comply
with the required 100 ft. ecological preserve buffer at the northern property line. In addition,
construction, materials and operations will adhere to the requirements contained in the CVBMP
Settlement Agreement approved in May, 2010.
Traffic
A traffic study dated October 26, 2015 was prepared by a registered traffic engineer (Federhart) to
assess the impact on traffic generation for the Site as a result of the Project. All figures used in this
analysis were derived from the 2010 CVBMP FEIR, Appendix 4.2.1 and SANDAG’S “Guide of
Vehicular Traffic Generation Rates for the San Diego Region, 2002”. For the purposes of this
analysis, a business class, select service hotel development was considered based on the subject
parcel size, maximum room count and the limitation of amenities, such as pools, personal services
and onsite restaurants. It was also determined that comparison building programs would be equalCity of Chula Vista Printed on 1/17/2018Page 6 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 21
File#:17-0407, Item#: 6.
and onsite restaurants. It was also determined that comparison building programs would be equal
and based upon the CVBMP approved development envelope (140,000 sq. ft./44 ft. ht.).
The Traffic analysis identified significant traffic related benefits along the E Street corridor from the
proposed change in use over the existing office designation for the 1a parcel. In particular, peak hour
traffic impacts are reduced an average of 45% in the morning hours and 47% during evening periods.
Overall, traffic generation for the proposed hotel use is 27% lower than the allowed office use. No
significant traffic impacts beyond those identified in the CVBMP FEIR would result from this Project.
Utilities
A Sewer and Water Demand report, dated December 21, 2015, was prepared by Dexter Wilson
Engineering to determine the level of change in forecast wastewater generation and potable water
demand as a result of the proposed GPA and rezoning. The analysis considered the current
projections for the utilities as stated in the 2010 CVBMP FEIR for a commercial office development.
That projection data was compared to estimates for a proposed hotel contained in the same
environmental document. The comparison assumed that both developments would observe existing
buildout scenarios allowed in the CVBMP (120,000 s.f./44 ft.).
Wastewater
Based on the analysis prepared by the consultant, the hotel use would result in a net reduction of
2,600 Gallons Per Day (GPD) when compared to the office use. As a result of the proposed land use
change, Parcel 1a will have a net benefit by reducing total wastewater flows and account for only
2.2% of the total projected flows for the entire Sweetwater District as projected in the 2008 Sewer
Technical Study.
Water
The consultant analyzed projected demand for potable water for the proposed land use changes and
compared that demand to the projected impacts for an office use contained in the CVBMP FEIR.
Based on the review, the change in use will add approximately 9,250 GPD. This increase is
considered to be negligible and will not result in the need for additional facilities beyond those
identified in the CVBMP FEIR. The consultant analyzed the capacity of existing underground facilities
(sewer/water) and those planned to adequately serve the Sweetwater District, which includes the
subject site. Based on that analysis, no changes to the planned infrastructure is required or
recommended. The increase is considered less than significant and there are no impacts beyond
those identified in the CVBMP FEIR.
Public Noticing
Processing of the proposed LCP Amendment went through two levels of public review. California
Public Resources Code requires that amendments to LCP’s be set for public review for a period of 45
days prior to their presentation to policy-makers for consideration. Staff set the proposed LCP
Amendment for public review from August 7, 2017 through September 21, 2017. The documents
were deposited for public consultation at the City of Chula Vista Development Services Public
Counter and the Chula Vista Public Library Civic Center branch, and an electronic copy of the
documents was also available on the City’s web site and the link was included in the written notice. A
written public notice was mailed to all property owners within the LCP Area, as well as to a list of
public agencies.
City of Chula Vista Printed on 1/17/2018Page 7 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 22
File#:17-0407, Item#: 6.
As part of the Planning Commission public hearing on the General Plan and LCP Amendment, a new
notice of public hearing was sent to and published in the Star News on October 13, 2017. A copy of
the notice was also mailed to all property owners within the LCP Area. A copy of the proposed
Amendment documents remained in the Public Services Counter, library branch and City’s website
for public consultation until the day of the Planning Commission hearing.
And finally, as part of the City Council public hearing on the Amendment, a new notice of public
hearing was sent to and published in the Star News on November 24, 2017. A copy of the notice was
also mailed to all property owners within the LCP Area. A copy of the LCPA documents remained in
the library branches and City’s website for public consultation until the day of the City Council
hearing.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council members, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The amendment to
the Local Coastal Program and its implementation at the project level support all of the City’s major
goals by providing a land use and regulatory document that will serve to promote and facilitate the
implementation of development projects such as the proposed hotel project, as well as other
commercial, industrial and open space projects. Development of the projects contemplated in the
LCP will create jobs (Economic Vitality/Operational Excellence), provide a well planned community
on the Bayfront (Healthy, Strong and Secure Neighborhoods) that will improve the western part of the
City and connect the Bayfront to the rest of the City (Connected Community).
CURRENT YEAR FISCAL IMPACT
All costs associated with processing the proposed amendments are borne by the applicant, resulting
in no net fiscal impact to the General Fund or Development Services Fund.
ONGOING FISCAL IMPACT
Though a job creation analysis has not been developed for this application, LDA has prepared
reports for comparable hotel projects in Southern California. A typical select-service hotel with
approximately 200 rooms would generate approximately 250 temporary construction jobs, and
approximately 45 ongoing hotel operations jobs and 28 ongoing food service jobs. Indirect jobs
created split between construction and hotel operations induced activity could generate an additional
170 jobs.
A fiscal analysis report was prepared to quantify the level of revenue generation for a hotel at the
subject site and annual rate of return in a 10-year planning horizon. The analysis indicated that aCity of Chula Vista Printed on 1/17/2018Page 8 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 23
File#:17-0407, Item#: 6.
subject site and annual rate of return in a 10-year planning horizon. The analysis indicated that a
hotel would generate nearly 20 times more revenue than a similar sized office complex. Since local
demand for visitor accommodations is greater than office development, the hotel use would be
absorbed within the first three years, whereas it would take nearly 8 years to absorb the available
density for office under optimistic circumstances.
In addition to job creation, the project would generate Transient Occupancy Taxes (TOT) to the City,
as well as ancillary sales tax dollars from visitors. Annual TOT is currently estimated to total
$710,215, but may vary based upon the final proposed room count.
ATTACHMENTS
1. Local Coastal Plan Area Map
2. Site Locator Map
3. Addendum to EIR with Attachments
Staff Contact: Miguel Z. Tapia, AICP, Senior Planner
City of Chula Vista Printed on 1/17/2018Page 9 of 9
powered by Legistar™
File#: 18-0470
2018-10-16 Agenda Packet Page 24
SECOND READING AND ADOPTION
ORDINANCE NO.______________
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM AND AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87
AND MAKING CERTAIN FINDINGS WITH REGARD THERETO
WHEREAS, the land area that is covered by the Bayfront Local Coastal Program and the
particular property that is the subject matter of this Ordinance is represented in Exhibit A attached
hereto and incorporated herein by this reference; and
WHEREAS, the property that is the subject of the proposed amendment is located at 789 E
Street, consists of two legal lots comprising approximately 4.81 acres in area and is located on Bay
Boulevard north of E Street, between the SDG&E Right of Way and the Interstate 5 freeway, and is
designated and labeled in the LCP as Parcel 1a; and
WHEREAS, California State law requires that coastal cities adopt a LCP and said LCP must
be certified by the California Coastal Commission before the LCP can become effective and
implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and
WHEREAS, in 2012 the City of Chula Vista (City) and the San Diego Unified Port District
(Port District), in a collaborative effort with the community approved and adopted the California
Coastal Commission-certified Local Coastal Program (LCP) and in September 2015 made some
minor amendments to the LCP, which is the LCP that is currently in effect today; and
WHEREAS, in January 2015 the development firm of Land Developers and Associates
Corporation (LDA), operating under the name of City of Chula Vista Property, LLC (Property
Owner), and owner of the property located at 789 E Street, submitted an application to amend the
General Plan and the LCP; and
WHEREAS, said application proposes to change the 2005 General Plan land use designation
for the subject site from Professional & Office to Commercial Visitor and the LCP Land Use
Plan/Specific Plan zoning designation from Commercial - Professional and Administrative to
Commercial - Visitor Limited (Amendment); and
WHEREAS, the proposed changes to the 2005 General Plan and LCP Specific Plan do not
cause substantial changes to the objectives, policies, and regulations contained in the documents nor
the Coastal Act policies; and
WHEREAS, the proposed changes to the General Plan and LCP documents are included in
Exhibit B attached to this Ordinance and are hereby made a part hereof by this reference; and
2018-10-16 Agenda Packet Page 25
Ordinance No. __________
Page 2
WHEREAS, the Development Services Director has reviewed the proposed Amendment for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Amendment was covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077 (the “FEIR”). The Development Services Director has determined that only
minor technical changes or additions to this document are necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent
document have occurred; therefore, the Development Services Director has prepared an Addendum
to the FEIR; and
WHEREAS, the Development Services Director set the time and place for a hearing of the
Planning Commission on the proposed General Plan and LCP Amendment, and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the City and its mailing to property ownerswithin the exterior boundaries of the LCP Area, at least
10 days prior to the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 25, 2017, at 6:00
p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and
said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Proposed LCP
Amendment; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended with a vote of 5-0-0-2that the City Council consider the Addendum to the
FEIR and approve the LCP Amendment, including the Specific Plan; and
WHEREAS, the City Clerk set the time and place for the hearing of the City Council on the
LCP Amendment, including the Specific Plan, and notices of the hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city, and its mailing to
property owners within exterior boundaryof the LCPat least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the LCP Amendment, including
the Specific Plan, was held before the City Council on December 5, 2017, in the City Council
Chambers, located at 276 Fourth Avenue, at 5:00 p.m. to receive the recommendations of the
Planning Commission and to hear public testimony with regard to the same and said hearing was
thereafter closed.
SECTION I.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. ENVIRONMENTAL DETERMINATION
That the proposed project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and City Council has determined that the project
2018-10-16 Agenda Packet Page 26
Ordinance No. __________
Page 3
was covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077. The City Council has further determined that only minor
technical changes or additions to the FEIR are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, consistent with
section 15164 of the State CEQA Guidelines the City Council has considered the
Addendum to Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077.
B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT
That the proposed amendment to the Local Coastal Program, consisting of the Land
Use Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista
General Plan and the policies of the Coastal Act. The proposed changes to the LUP
and SP are minor and unsubstantial and leave all of the provisions of the LUP and SP
intact. With the changes in place the provisions of the documents are still based on
sound planning principles and practices that will provide for the protection and
conservation of sensitive natural resources. The proposed changes to the land use
and zoning designations affect only the property located at 789 E Streets and the rest
of the properties within the LCP area will remain unchanged. Furthermore, the rest
of the development standards and regulations, such as building height, setbacks,
Floor Area Ratio and lot coverage, as well as others, will remain the same and will
continue to regulate the future development of the site. The proposed changes are
consistent with the goals and objectives of the 2005 General Plan and LCP. The
proposed changes will contribute to open up and provide more direct access to the
Bayfront and create better connection to the rest of the city and the region. This will
open up the Bayfront for the enjoyment of residents and visitors. The new provisions
of the General Plan and LUP and SP will be conducive to the development of the
Bayfront and the creation of a world-class destination for residents and visitors.
SECTION II.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby
approve the amendment to the LCP Specific Plan contained in Exhibit B attached to this Ordinance
and on file at the Office of the City Clerk, and incorporated herein by this reference and thereby
amending Chula Vista Municipal Code Chapters 19.81 thru 19.87.
SECTION III. SUBMISSION TO COASTAL COMMISSION
BE IT FURTHER ORDAINED, that the City Council does hereby certify after a duly called
and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in
conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)).
BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the
guidelines established by the California Coastal Commission and contains materials sufficient for a
2018-10-16 Agenda Packet Page 27
Ordinance No. __________
Page 4
thorough and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City
Council does hereby direct the City Manager or his designee to submit this subject Ordinance and the
LCP, consisting of both the LUP and the SP, to the California Coastal Commission and that the
Coastal Commission certify the same (Public Resources Code Section 30514).
SECTION IV. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that
portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall
not affect the validity or enforceability of the remaining portions of the Ordinance, or its application
to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that
it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the
fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
SECTION V. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light
of that intent.
SECTION VI. EFFECTIVE DATE
This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal
Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the
California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from
and after this Ordinance’s final adoption.
SECTION VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
Presented by:Approved as to form by:
__________________________________________________________________
Kelly Broughton, FLSA Glen R. Googins
Director of Development Services City Attorney
2018-10-16 Agenda Packet Page 28
Ordinance No. __________
Page 5
Exhibit A – LCP Area & Parcel 1a Map
Exhibit B – LCP Specific Plan Amendment
2018-10-16 Agenda Packet Page 29
¯¯
S
u
b
a
r
e
a
1
S
w
e
e
t
w
a
t
e
r
D
i
s
t
r
i
c
t
S
u
b
a
r
e
a
2
H
a
r
b
o
r
D
i
s
t
r
i
c
t
S
u
b
a
r
e
a
3
O
t
a
y
D
i
s
t
r
i
c
t
S
a
n
DiegoBay
Chula Vista Bayfront Local Coastal PlanChula Vista, California
Attachment 1
LCP Planning Area
0 1,900 3,800 5,700 7,600950Feet
City of Chula Vista
LCP Planning Area
Land Use PlanThis map is for illustrative purposes only and does not provide precise design details.2018-10-16 Agenda Packet Page 30
E ST
D ST
I
N
T
E
R
S
T
A
T
E
5BAY
BL
GUN P OWDER
P
O IN T DR
L:\carlos files\locators\locators_04\mpa15-0014.ai 030217
SCALE:FILE NUMBER:
PROJECT DESCRIPTION:
PROJECT
ADDRESS:Parcel 1a at NWC of E St & I-5
Related cases: PCZ-15-0001No Scale MPA15-0014
PROJECT
APPLICANT:LOCATOR
NORTH
MAJOR PLANNING APPLICATIONChula Vista
Bayside Hotels
Project Summary: Proposal to amend the City's General Plan & Bayfront LCP to
allow two hotels at parcel 1a.
PRO JEC TLOCATION
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
2018-10-16 Agenda Packet Page 31
ATTACHMENT 3
ADDENDUM TO
FINAL ENVIRONMENTAL IMPACT REPORT
FEIR UPD 83356-EIR-658
PROJECT NAME:Chula Vista Bayside Hotels
PROJECT LOCATION:789 E Street, Chula Vista, CA
PROJECT APPLICANT:City of Chula Vista Property, LLC
CASE NO:FEIR UPD 83356-EIR-658
DATE:July 1, 2017
I. BACKGROUND
The purpose of this Addendum is to discuss a proposed Chula Vista Bayfront Master Plan (CVBMP or
Bayfront Master Plan) Amendment and General Plan Amendment, in order to change the zoning of the
1-a parcel (referred to as S4 in the Final Environmental Impact Report and CVBMP documents) from
its current designation of Commercial – Professional and Administrative (C-P) to Commercial – Visitor
Limited (C-VL)(hotel only). No other changes to the CVBMP are proposed with this application. All
other land use requirements would remain in place as originally approved in the CVBMP.
On May 18, 2010, the San Diego Unified Port District, as Lead Agency (as such term is defined in
California Public Resources Code Section 21067), certified a Final Environmental Impact Report for the
CVBMP, Port Master Plan Amendment and Local Coastal Program Amendment (UPD No. 83356-EIR-
658; SCH No. 2005081077) (the “FEIR”). The FEIR contains a comprehensive disclosure and analysis
of potential environmental effects associated with the implementation of the CVBMP, Port Master Plan
Amendment and Local Coastal Program Amendment. On May 18, 2010, the City, as a Responsible
Agency (as such term is defined in California Public Resources Code Section 21069) after having
considered and relying on the FEIR, pursuant to the California Environmental Quality Act (California
Public Resources Code, Sec. 21000 et seq.), made certain Findings of Fact; adopted a Statement of
Overriding Considerations and adopted a Mitigation Monitoring and Reporting Program for the
CVBMP, and Local Coastal Program Amendment.
The approved Bayfront Master Plan calls for the development and revitalization of the Chula Vista
Bayfront. The Chula Vista Bayfront encompasses approximately 550 acres of land along the western
edge of the City adjacent to the San Diego Bay. The CVBMP was approved by the California Coastal
Commission on August 9, 2012. The project designates approximately 238 acres (43%) of the site as
open space, creates a pedestrian circulation plan of approximately 54,000 linear feet of shoreline
promenade, trails, and sidewalks, improves public access and recreation opportunities, and establishes
new public parks for passive and active uses, including a 40-acre Signature Park. The CVBMP is
expected to stimulate significant economic growth within the San Diego Unified Port District (Port)
jurisdiction, City of Chula Vista (City), the South Bay area, and the overall region, with new sources of
revenue generation, increased employment opportunities, increased affordable housing, and private
sector participation. Prominent characteristics of the CVBMP include the development of a resort
conference center and other hotels, a Signature Park and other park and open space areas, a large
ecological buffer, up to 1,500 residential units, mixed-use office/commercial recreation, retail, cultural
uses, and reconfiguration of the existing Chula Vista Harbor.
2018-10-16 Agenda Packet Page 32
Addendum to Final FEIR UPD 83356-EIR-658
2
The proposed project, which is the subject of this Addendum, does not result in any new significant
impacts beyond those previously identified in FEIR UPD 83356-EIR-658, nor an increase in severity of
any previously identified impacts. The environmental analysis presented in FEIR UPD 83356-EIR-658
addresses all potential impacts at the programmatic level associated with the development of the project
site. Because the Project, which is located within the Bayfront Master Plan area, would not result in any
new potentially significant impacts at the programmatic level, nor increase the severity of any impacts
identified in the FEIR, the project is considered to be adequately covered under FEIR UPD 83356-EIR-
658. No further environmental analysis is warranted.
II. PROPOSED PROJECT
The property that is the subject of the proposed amendment is located at 789 E Street, north of E Street,
west of Interstate 5 and east of the SDG&E Right of Way (Site). The Site consists of two lots with an
approximate area of 4.81 acres and is located in the CVBMP Sweetwater District. The Site currently
has a General Plan land use designation of Professional & Office and a Local Coastal Program land use
designation/zoning of Commercial - Professional and Administrative (CP). The proposed amendment
(the “Project”) would change the GP and Bayfront Master Plan designation (zoning) to Commercial -
Visitor Limited (the “Amendment”). The Amendment, however, would be unique and customized to
this Site in that it would only allow hotels along with the typical uses that are ancillary to hotels such as
limited retail and restaurant. All other land use regulations for the Site such as height, setbacks, parking,
and floor area ratio, would remain unchanged. The Project does not involve approvals of any building or
site design drawings. Actual building and site plan approvals would be subject to separate future
application/approval and Project specific environmental review pursuant to the California
Environmental Quality Act (CEQA).
The State CEQA Guidelines (§15162) establish the conditions under which a subsequent EIR shall be
prepared.
A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared for that
project unless the lead agency determines, on the basis of substantial evidence in light of the
whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the
EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions to the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; or,
3. New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the EIR was prepared.
B. If changes to a project or its circumstances occur or new information becomes available after
preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under
2018-10-16 Agenda Packet Page 33
Addendum to Final FEIR UPD 83356-EIR-658
3
Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent
Negative Declaration, an addendum or no further documentation (Guidelines §15162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or
additions are necessary but none of the conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred.
B. An addendum need not be circulated for public review but can be included in or attached to
the final EIR.
C. The decision-making body shall consider the addendum with the final EIR prior to making a
decision on the project.
D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
15162 should be included in an addendum to an EIR, the lead agency’s required findings on
the project, or elsewhere in the record. The explanation must be supported by substantial
evidence.
This Addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the
State CEQA Guidelines. The proposed Project does not constitute a substantial change to the previously
approved Bayfront Master Plan. The proposed Project would not result in any environmental effects that
were not previously considered, nor would the changes increase the severity of any of the impacts
identified in FEIR UPD 83356-EIR-658. There has been no material change in circumstances relative to
the Bayfront Master Plan, and no new information of substantial importance has become available after
the preparation of the FEIR. The mitigation measures identified in FEIR UPD 83356-EIR-658 would be
equally applicable to the Bayfront Master Plan. Therefore, in accordance with Sections 15162 and 15164
of the State CEQA Guidelines, the City has prepared this Addendum to FEIR UPD 83356-EIR-658.
III. ANALYSIS
Summarized below are issue areas potentially affected by the proposed Project. As the discussion
outlined below indicates, however, the proposed Project does not result in any impacts beyond those
identified in FEIR UPD 83356-EIR-658.
Technical studies have been prepared for the Project to identify any potential environmental impacts. No
new significant impacts were identified in the technical studies regarding the proposed Project. The
technical studies demonstrate and substantiate that the proposed Project does not result in any new
significant impacts, nor increase in severity of any previously identified significant impacts.
2018-10-16 Agenda Packet Page 34
Addendum to Final FEIR UPD 83356-EIR-658
4
Land Use Compatibility
The proposed Project only involves the change in allowable land use from Commercial – Professional
and Administrative (C-P) to Commercial – Visitor Limited (C-VL) (hotel only). The 44 foot height limit
that is currently in effect for the Site will remain. An existing 100 foot-wide wildlife habitat buffer at the
north of the Site would also remain. All other development requirements that are applicable to the Site
would remain in place as previously adopted.
Existing land uses for properties surrounding the subject parcel vary from open space to commercial.
Directly north of the 1-a parcel is the Sweetwater Marsh, which will be protected by the above mentioned
required 100-foot “no touch” buffer provided onsite along the property’s northern lot line. Contiguous land
uses to the west are an abandoned segment of Bay Boulevard (E Street to D Street), an inactive rail line
owned by the San Diego and Eastern Arizona Railway (MTS) and directly west of the rail line is a 150-foot
wide utility transmission alignment owned and operated by San Diego Gas & Electric. Along the east
perimeter of the Site is the Bayshore Bikeway trail that runs parallel to Interstate 5 (I-5). Approximately 415
feet from the eastern property line, on the east side of the I-5 are a mix of freeway commercial and multi-
family residential uses. On the south side of the property is the current Living Coast Discovery Center
parking lot, E Street, vacant land (between E St. and F St.) and the UTC Aerospace Systems (industrial)
campus, located on the south side of F St.
The change in the allowable land use from professional office to hotel will not adversely affect any of
the land uses noted above. Also, the adjacency requirements of the Multi Species Conservation Plan
(MSCP) will apply to the Project (incorporated as mitigation measures in the Bayfront Master Plan
FEIR), insuring that there are no adverse impacts from such project edge effects as lighting and noise.
Landform/Aesthetics:
Visual Character
Potentially significant impacts with respect to visual character would be avoided by requiring that the
Project adhere to regulations and design policies of the Bayfront Master Plan, as well as conformance
with the Mitigation Measures of FEIR UPD 83356-EIR-658. Bayfront Master Plan policies address
bulk, massing, glare, and architectural character. The City of Chula Vista Design Guidelines are
applicable to the Site, and future projects involving hotel construction would be reviewed by the Chula
Vista Planning Commission for conformance with the Bayfront Master Plan and City Design
Guidelines. Project massing, materials, colors, architectural styling, and lighting would be subject to
design review and approval by the Chula Vista Planning Commission. The Project would be required to
incorporate bird strike avoidance measures as outlined in the FEIR. No impacts beyond those identified
in the FEIR would occur.
Light and Glare Effects
As noted in the FEIR’s, Summary of Environmental Analysis Results, the Bayfront Master Plan allows
for substantial intensification of existing land uses by allowing taller building heights and more building
massing. Potential light or glare impacts could affect surrounding sensitive wildlife areas and, therefore,
appropriate mitigation measures were identified to reduce light and glare effects. The proposed Project
2018-10-16 Agenda Packet Page 35
Addendum to Final FEIR UPD 83356-EIR-658
5
is required to comply with mitigation measure 4.8-6 of FEIR UPD 83356-EIR-658 addressing lighting
impacts. Therefore, no additional significant light and glare impacts would result from this Project.
Traffic/Circulation:
A traffic study dated October 26, 2015 was prepared by a registered traffic engineer (Federhart) to
assess the impact on traffic generation for the site as a result of the Project. All figures used in this
analysis were derived from the 2010 CVBMP FEIR, Appendix 4.2.1 and SANDAG’S “Guide of Vehicular
Traffic Generation Rates for the San Diego Region, 2002.” For the purposes of this analysis, a business class,
select service hotel development was considered based on the subject parcel size, maximum room count and
the limitation of amenities, such as pools, personal services and onsite restaurants. It was also determined
that comparison building programs would be equal based upon the CVBMP approved development envelope
(140,000 sq. ft./44 ft. ht.).
The traffic analysis identified significant traffic related benefits along the E Street corridor from the proposed
change in use over the existing office designation for the 1-a parcel. In particular, peak hour traffic impacts are
reduced an average of 45% in the morning hours and 47% during evening periods. Overall, traffic generation
for the proposed hotel use is 27% lower than the allowed office use. No significant traffic impacts beyond
those identified in the Bayfront Master Plan FEIR would result from this Project.
Sewer and Water Demand
A Sewer and Water Demand report was prepared by Dexter Wilson Engineering on December 21, 2015 to
determine the level of change in forecast wastewater generation and potable water demand as a result of the
proposed General Plan amendment and rezoning. The analysis considered the current projections for the
utilities as stated in the CVBMP FEIR for a commercial office development. That projection data was
compared to estimates for a proposed hotel contained in the same environmental document. The comparison
assumed that both developments would observe existing buildout scenarios allowed in the CVBMP (120,000
s.f./44 ft.).
Wastewater
Based on the analysis prepared by the consultant, the hotel use would result in a net reduction of 2,600 Gallons
Per Day (GPD) when compared to the office use. As a result of the proposed land use change, Parcel 1-a will
have a net benefit by reducing total wastewater flows and account for only 2.2% of the total projected flows for
the entire Sweetwater District as projected in the 2008 Sewer Technical Study.
Water
The consultant analyzed projected demand for potable water for the proposed land use changes and
compared that demand to the projected impacts for an office use contained in the FEIR. Based on the
review, the change in use will add approximately 9,250 GPD. The consultant analyzed the capacity of
existing underground facilities (sewer/water) and those planned to adequately serve the Sweetwater
District, which includes the subject site. This increase is will not result in the need for additional
facilities beyond those identified in the FEIR. Based on that analysis, no changes to the planned
2018-10-16 Agenda Packet Page 36
Addendum to Final FEIR UPD 83356-EIR-658
6
infrastructure is required or recommended. Therefore, the increase in GPD is considered less than
significant and there are no impacts beyond those identified in the FEIR.
IV. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above
discussion and substantial evidence in the record supporting said discussion, I hereby find that the
proposed project will result in only minor technical changes or additions which are necessary to make
the Environmental Impact Report adequate under CEQA.
_________________________________
Stephen Power, AICP
Principal Planner
Attachment 1 –Project site plan
Attachment 2 –Executive Summary to FEIR 06-01
References: General Plan, City of Chula Vista
Zoning Ordinance, Title 19/City of Chula Vista
Chula Vista Bayfront Master Plan
2018-10-16 Agenda Packet Page 37
2018-10-16 Agenda Packet Page 38
2018-10-16 Agenda Packet Page 39
2018-10-16 Agenda Packet Page 40
2018-10-16 Agenda Packet Page 41
2018-10-16 Agenda Packet Page 42
2018-10-16 Agenda Packet Page 43
2018-10-16 Agenda Packet Page 44
2018-10-16 Agenda Packet Page 45
2018-10-16 Agenda Packet Page 46
2018-10-16 Agenda Packet Page 47
2018-10-16 Agenda Packet Page 48
2018-10-16 Agenda Packet Page 49
2018-10-16 Agenda Packet Page 50
2018-10-16 Agenda Packet Page 51
2018-10-16 Agenda Packet Page 52
2018-10-16 Agenda Packet Page 53
2018-10-16 Agenda Packet Page 54
2018-10-16 Agenda Packet Page 55
2018-10-16 Agenda Packet Page 56
2018-10-16 Agenda Packet Page 57
2018-10-16 Agenda Packet Page 58
2018-10-16 Agenda Packet Page 59
2018-10-16 Agenda Packet Page 60
2018-10-16 Agenda Packet Page 61
2018-10-16 Agenda Packet Page 62
2018-10-16 Agenda Packet Page 63
2018-10-16 Agenda Packet Page 64
2018-10-16 Agenda Packet Page 65
2018-10-16 Agenda Packet Page 66
2018-10-16 Agenda Packet Page 67
2018-10-16 Agenda Packet Page 68
2018-10-16 Agenda Packet Page 69
2018-10-16 Agenda Packet Page 70
2018-10-16 Agenda Packet Page 71
2018-10-16 Agenda Packet Page 72
2018-10-16 Agenda Packet Page 73
2018-10-16 Agenda Packet Page 74
2018-10-16 Agenda Packet Page 75
2018-10-16 Agenda Packet Page 76
2018-10-16 Agenda Packet Page 77
2018-10-16 Agenda Packet Page 78
2018-10-16 Agenda Packet Page 79
2018-10-16 Agenda Packet Page 80
2018-10-16 Agenda Packet Page 81
2018-10-16 Agenda Packet Page 82
2018-10-16 Agenda Packet Page 83
2018-10-16 Agenda Packet Page 84
2018-10-16 Agenda Packet Page 85
2018-10-16 Agenda Packet Page 86
2018-10-16 Agenda Packet Page 87
2018-10-16 Agenda Packet Page 88
2018-10-16 Agenda Packet Page 89
2018-10-16 Agenda Packet Page 90
2018-10-16 Agenda Packet Page 91
2018-10-16 Agenda Packet Page 92
2018-10-16 Agenda Packet Page 93
2018-10-16 Agenda Packet Page 94
2018-10-16 Agenda Packet Page 95
2018-10-16 Agenda Packet Page 96
2018-10-16 Agenda Packet Page 97
2018-10-16 Agenda Packet Page 98
2018-10-16 Agenda Packet Page 99
2018-10-16 Agenda Packet Page 100
2018-10-16 Agenda Packet Page 101
2018-10-16 Agenda Packet Page 102
2018-10-16 Agenda Packet Page 103
2018-10-16 Agenda Packet Page 104
2018-10-16 Agenda Packet Page 105
2018-10-16 Agenda Packet Page 106
2018-10-16 Agenda Packet Page 107
2018-10-16 Agenda Packet Page 108
2018-10-16 Agenda Packet Page 109
2018-10-16 Agenda Packet Page 110
2018-10-16 Agenda Packet Page 111
2018-10-16 Agenda Packet Page 112
2018-10-16 Agenda Packet Page 113
2018-10-16 Agenda Packet Page 114
2018-10-16 Agenda Packet Page 115
2018-10-16 Agenda Packet Page 116
2018-10-16 Agenda Packet Page 117
2018-10-16 Agenda Packet Page 118
2018-10-16 Agenda Packet Page 119
2018-10-16 Agenda Packet Page 120
2018-10-16 Agenda Packet Page 121
2018-10-16 Agenda Packet Page 122
2018-10-16 Agenda Packet Page 123
2018-10-16 Agenda Packet Page 124
2018-10-16 Agenda Packet Page 125
2018-10-16 Agenda Packet Page 126
2018-10-16 Agenda Packet Page 127
2018-10-16 Agenda Packet Page 128
2018-10-16 Agenda Packet Page 129
2018-10-16 Agenda Packet Page 130
2018-10-16 Agenda Packet Page 131
2018-10-16 Agenda Packet Page 132
2018-10-16 Agenda Packet Page 133
2018-10-16 Agenda Packet Page 134
2018-10-16 Agenda Packet Page 135
2018-10-16 Agenda Packet Page 136
2018-10-16 Agenda Packet Page 137
2018-10-16 Agenda Packet Page 138
2018-10-16 Agenda Packet Page 139
2018-10-16 Agenda Packet Page 140
2018-10-16 Agenda Packet Page 141
2018-10-16 Agenda Packet Page 142
2018-10-16 Agenda Packet Page 143
2018-10-16 Agenda Packet Page 144
2018-10-16 Agenda Packet Page 145
2018-10-16 Agenda Packet Page 146
2018-10-16 Agenda Packet Page 147
2018-10-16 Agenda Packet Page 148
2018-10-16 Agenda Packet Page 149
2018-10-16 Agenda Packet Page 150
2018-10-16 Agenda Packet Page 151
2018-10-16 Agenda Packet Page 152
2018-10-16 Agenda Packet Page 153
2018-10-16 Agenda Packet Page 154
2018-10-16 Agenda Packet Page 155
2018-10-16 Agenda Packet Page 156
2018-10-16 Agenda Packet Page 157
2018-10-16 Agenda Packet Page 158
2018-10-16 Agenda Packet Page 159
2018-10-16 Agenda Packet Page 160
2018-10-16 Agenda Packet Page 161
2018-10-16 Agenda Packet Page 162
2018-10-16 Agenda Packet Page 163
2018-10-16 Agenda Packet Page 164
2018-10-16 Agenda Packet Page 165
2018-10-16 Agenda Packet Page 166
2018-10-16 Agenda Packet Page 167
2018-10-16 Agenda Packet Page 168
2018-10-16 Agenda Packet Page 169
2018-10-16 Agenda Packet Page 170
2018-10-16 Agenda Packet Page 171
2018-10-16 Agenda Packet Page 172
2018-10-16 Agenda Packet Page 173
2018-10-16 Agenda Packet Page 174
2018-10-16 Agenda Packet Page 175
2018-10-16 Agenda Packet Page 176
2018-10-16 Agenda Packet Page 177
2018-10-16 Agenda Packet Page 178
2018-10-16 Agenda Packet Page 179
2018-10-16 Agenda Packet Page 180
2018-10-16 Agenda Packet Page 181
2018-10-16 Agenda Packet Page 182
2018-10-16 Agenda Packet Page 183
2018-10-16 Agenda Packet Page 184
2018-10-16 Agenda Packet Page 185
Site a Rezone Application
(OS)
(PQ)
AllowedDensity:
120,000 sq,ft.
44' Maximum Height
Existing zone(CP)
Commercial
Professional
4 .816 Acres
( )
(CVBMP)
RVPark
Campground
(PQ)(UC-15)
Mixed Use
Transit Focus Area
Zoning PropertyOwner Name.
SOurecr Chula Vista GIS
Chula Vista City Boundary
Existing
Location·
ChulaVista Bayfront.EStreet
andBay Boulevard
Land DevelopersAssociates,Corp
PropertyOwnerAddress.
5950Canoga Ave.,Ste 500
Woodland Hills,CA 91367
Plan Prepared by
lSubject Site N
Zoning W E
Buffer 1000 It S
BuildingFootprint
PRMConsulting 0 250 500
APN.
565-310-09
565-310 25
Dateof Preparation.
31212017
---===:::i Feet
(UC-19)
Park
Open Space
Public&
Quasi Public
(UC-14)
Residential
Urban Core
.SANOAG
2018-10-16 Agenda Packet Page 186
Site a Rezone Application
(XI I":'I [
0
L
(0$)
Maximum D ensity:
(per theCVBMP)
120.000 sq ft.
44'Maximum Height
Proposed Zo ning:
Commercial Visitor
Limited
{Hotel Only)
4.816 Acres
(R3)
s1denf
High
(UC-19)
Park
Open Space
Public &
Quasi Public
(UC-16)
Commercial
Commercial
Visitor
( )
(CVBMP)
RVPark
Campground
Restaurant "'l
I
(PO)• '
Hotel/Motel
(H'ospitality)
(UC-15)
Mixed Use
Transit FocusArea
(UC-14)
Residential
UrbanCore
Zoning Property Owner Name
Source Chutl Vista GIS SANOAG
Chula Vista City Boundary
Land Developers Associates .Corp.Subject SiteProposed
Location.
Chula Vista Bayfront,EStreet
and Bay Boulevard
Property Owner Address
5950 Canoga Ave..Ste 500
Woodland Hiiis,CA 91367
Plan Prepared by·
PRM Consulbng
....
0
Zoning
Buffer 1000 It
BuildingFootprint250500
APN:
565-310-09
565-310-25
DateofPreparabon.
31212017 ---====i Feet
2018-10-16 Agenda Packet Page 187
Site a RezoneApplication
Chapter 19.8 4
BAYFRONT SPECIFIC PLAN -LANDUSE ZONES
Sections
19.84 .001 Purpose and scope.
19.84 .002 Commercial zones .
19.84 .003 Industrial zones .
19.84 .004 Public/quasi-public and open space zones .
19.84 .005 Residential zones .
19.84.006 C irculationandother designations.
19.84.001 Purpose and scope.
The Bayfront Specifi c Plan provides for th e c la ssification of land use and t he regulation of devel-
opment by land use zoning and parcel. These classifications, zones, are depicted in Exhibit 5,
herein.Each zone contains a set of regulations setting forth the allowable uses and standards for
development within that district. This chapter provides the development standards relating to land
use activities for each zone .(Ord.3238 §2 (Exh.8),2012 ;Ord .2613 ,1994;Ord .2532,1992).
19.84.2 Commercial zones .
A .Commercial -Visitor (C-V).
1.Purpose and Intent. The purpose of the commercial -visitor zone is to provide regulations
of uses serving the needs of tourists ,travelers,and local residents .The regulations of this
zone are designed to encourage the provision of transient housing fac ilities ,restaurants,
service stations,and other activities providing for the convenience,welfare,or entertain-
ment of the traveler.
2.Permitted Uses. The following uses are permitted:
a.Hotels and inns;
b. Retail,including:
i.Restaurants with a cocktaillounge as an integral part;
ii.Art galleries;
iii. Stores and retail shops;
iv..Parkinggarages;
v.Antique shops:
vi.Markets;
vii.Restaurants and snack bars;and
viii.Any other establishment servingvisitors determined to be of the same general
character of the above-permitted uses:
c.Commercial recreation ,including:
i.Tennis clubs andfacilities ;
ii.Health clubs ;
iii.Sports and health classes and clinics;
iv.Professional sports facilities;
v.Sports medicine facilities ;
vi. Sportstrainingfacilities ;
vii.Boat rentals and renta ls of other water recreational items :
City of Chula Vista
Bayfront Specific Plan
September 2012
Amended on August 11, 2015
18
Land Developers andAssociates Corp.Chula VistaBayfront 54of 155
2018-10-16 Agenda Packet Page 188
September 2012
Amended on August 11,2015
City of Chula Vista
Bayfront Specific Plan
19
ChulaVista Bayfront
Site la Rezone Application
55of 155Land Developers andAssociates Corp.
viii.Swimming and diving facilities ;and
ix.Any other business or facility determined to be of the same general character of
the above-permitted uses.
d.Commercial-Visitor Limited (C-VL)
1.Purpose and Intent. The C-V L land use des ignat ion provides for hospitality uses for
tourists,visitors and residents. Uses are generally located near freeways.The use
differs from the Commercial Visitor designation in that itallows only hoteland motel
uses.Alternate visitor related uses including restaurants,retail shops and bars are
allowed as ancillary operations that are located within the main hotel structure .The
location is illustrated on the Land Use Map and covers Parcel 1-a.
2.Permitted Uses The following uses are permitted:
a.Hotels and Inns
b.Retaillimited to uses located withinhotel interior designed to serve guest and other
onsitepersonnel
i.Restaurant and CocktailService
ii.Visitor related Retail
iii.Snack Bars
3.Condit ionally Permitted Uses.A ny of the above-permitted uses whose park ing requirement
can only be met by shared parking may be permitted subject to approval of a conditional
use permit.
4.Prohibited Uses.Any of the above-permitted or conditionally permitted business or activity
that produces noise above 60 CNEL at the exterior boundaries of this zone.
2018-10-16 Agenda Packet Page 189
P a g e | 1
October 16, 2018 File ID: 18-0369
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAFT PARK
MASTER PLANS FOR THE 5.057 ACRE PARK P-5 AND THE 7.1 ACRE PARK P-2 IN OTAY RANCH AND
THENAMESOFTHEPARKSRESPECTIVELY“MEADOWPARK”AND“ORCHARDPARK”.
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
This report presents the draft Park Master Plans for two of the five public neighborhood parks in Village 2.
ENVIRONMENTAL REVIEW
Environmental Notice
The project was adequately covered in previously certified Final Second Tier Environmental Impact Report,
EIR 02-02 and Final Supplemental Environmental Impact Report, SEIR 12-01 for the Otay Ranch Village
Two Sectional Planning Area Plan.
Environmental Determination
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project was adequately covered
in previously certified Final Second Tier Environmental Impact Report, EIR 02-02 and Final Supplemental
Environmental Impact Report, SEIR 12-01 for the Otay Ranch Village Two Sectional Planning Area (SPA)
Plan. Thus, no further environmental review or documentation is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
At their meeting on September 20, 2018, the Parks and Recreation Commission approved the P-5 and P-2
Park Master Plans and the respective park names, Meadow Park and Orchard Park. They commented that
Park P-2 is likely to be more heavily used than Park P-5 due to the fact that it contains more programed
sports facilities. To accommodate this they recommended that the consultant explore the possibility of
adding an additional pair of toilet stalls to the restroom without increasing the overall building footprint.
2018-10-16 Agenda Packet Page 190
P a g e | 2
DISCUSSION
Background
The park site for Park P-5 is located in the south part of the Village between Santa Carolina Road and Santa
Christina Avenue. The site is immediately north of the S-2 school site. This park site came into being as a
result of the Village 2 Comprehensive SPA Plan Amendment approved at City Council on November 4, 2014
in which 1,562 additional dwelling units were approved for the Village generating the need for additional
parkland. The site was offered for dedication to the City on Final Subdivision Map No. 16112. The SPA
amendment included a conceptual park layout listing theproposed park program.
The park site for Park P-2 is located in the core of Village 2 between Santa Diana Road and Santa Victoria
Road. The SPA plan for the development was adopted by City Council on May 23, 2006. The site was offered
for dedication to the City in 2006 on Final Subdivision Map No. 15350. The SPA included a conceptual park
layout listing the proposed park program.
A public meeting was held on June 4, 2018 at the Montecito Swim Club at which residents were presented
preliminary park designs and informed about the time line for park design and construction. Several
comments were made by residents expressing a need for a recreation center and the types of activities that
a recreation center can provide in Village 2. Staff explained that a recreation center is the type of facility
that is usually part of a community park program where as Park P-5 and Park P-2 have been planned as
neighborhood parks in accordance with the SPA plan.
The proposed park names reflect the agricultural history of Chula Vista, both the lemon growing and the
ranching aspects of that agriculture.
Parks Agreement
The Village 2 Parks Agreement, approved on November 17, 2014, states that the neighborhood parks shall
be provided as turnkey parks developed by the master developer on behalf of the City.
The Village 2 master developer, Baldwin & Sons, have entered into an agreement with consultants, Michael
Peltz & Associates for the design of Park P-5 and KTUA for the design of Park P-2.
Park (P-5)
The park layout is an informal design. The draft Park Master Plan for the park includes the following
elements:
Restroom Building (with storage for park maintenance equipment)
Group Gathering Plaza
Group Picnic/BBQ area with shelter (rentable)
Additional picnic tables/benches
Tot lot with play equipment for 2-5 year olds and 5-12 year olds and safety surfacing
Multipurpose field area
Teaching area for use in conjunction with the adjacent school
Drinking fountain
2 Half Basketball courts for practice purposes (expand to 4 if budget permits)
2018-10-16 Agenda Packet Page 191
P a g e | 3
Ping pong tables ( 2 minimum, more if budget permits)
Space is available to add exercise stations and play nodes if the budget permits
Perimeter walk
Dog park divided between small and large dogs
Walkway lighting
Accessible parking space on adjacent street
The park is a pedestrian park serving the immediate community therefore no on-site parking will be
provided; however, there will be an ADA accessible parking space with access to the park on Santa
Carolina.
Park (P-2)
The park design is more formal with an emphasis on sports activities. The draft Park Master Plan for the
park includes the following elements:
Restroom building (with storage for park maintenance equipment)
2 Basketball courts
2 Tennis courts
Large multipurpose field area
Play ground with play equipment for 2-5 year olds and 5-12 year olds and safety surfacing
Group Picnic/BBQ area with shelter (rentable)
Perimeter walk/jogging trail
Passive lawn area
Walkway lighting
Trash enclosure
Accessible parking space on adjacent street
Tree shaded entry plaza with activities
The park is a pedestrian park serving the immediate community therefore no on-site parking will be
provided; however, there will be an ADA accessible parking space with access to the park on Santa Ivy
Avenue.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
2018-10-16 Agenda Packet Page 192
P a g e | 4
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The proposed P-5 and P-2
parks address the Healthy Community and Connected Community goals as it seeks to provide recreational
opportunities for residents.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal year impact to the City.
ONGOING FISCAL IMPACT
These parks are turnkey parks meaning that the developer builds the parks on behalf of the City to meet
their park obligations. There will be no capital cost to the City for the creation of these parks. The only cost
will be the standard cost per acre to the general fund each year for the maintenance of a prototypical park,
at an average cost of $14,050 per acre per year to maintain a prototypical park. The estimated annual cost
to maintain Park P-5 is $71,051 and Park P-2 is $99,755.
The budget for the development of Park P-5 is $3.79 million ($3.16 million construction costs and $ 0.63
million soft costs.)
The budget for the development of Park P-2 is $5.32 million ($4.31 million construction costs and $1.01
million soft costs.)
(Figures are based on the park development fee increase that comes into effect on Oct 7, 2018)
ATTACHMENTS
1. Parks and Recreation Commission 9/20/18 minutes
2.P-5 Park Master Plan 9-11-18
3. P-2 Park Master Plan 9-10-18
Staff Contact: Mary Radley
2018-10-16 Agenda Packet Page 193
RESOLUTION NO. __2018-XXX_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DRAFT PARK MASTER
PLANS FOR THE 5.057 ACRE PARK P-5 AND THE 7.1 ACRE
PARK P-2 IN OTAY RANCH AND THE NAMES OF THE
PARKS RESPECTIVELY “MEADOW PARK” AND
“ORCHARDPARK”
WHEREAS, the Parks and Recreation Commission recommended approval of the park
master plans for Park P-5 and Park P-2 on September 20, 2018 and the names of the parks
respectively “Meadow Park” and “Orchard Park”; and
WHEREAS, the Parks and Recreation Commission also recommended that the
consultants working on said master plans explore the possibility of adding an additional pair of
toilet stalls to the restroom at Park P-2 without increasing the overall building footprint and
WHEREAS, the park site for Park P-5 is located in the south part of Village 2 between
Santa Carolina Road and Santa Christina Avenue, immediately north of the S-2 school site; and
WHEREAS, the park site for Park P-2 is located in the core of Village 2 between Santa
Diana Road and Santa Victoria Road; and
WHEREAS, The Village 2 Parks Agreement, approved on November 17, 2014, states
that the neighborhood parks shall be provided as turnkey parks developed by the Master
Developer on behalf of the City; and
WHEREAS, the Village 2 Master Developer, Baldwin & Sons, has entered into an
agreement with consultants, Michael Peltz & Associates for the design of Park P-5 and KTUA
for the design of Park P-2; and
WHEREAS, the draft master plan for Park P-5 includes the following elements:
Restroom Building (with storage for park maintenance equipment)
Group Gathering Plaza
Group Picnic/BBQ area with shelter (rentable)
Additional picnic tables/benches
Tot lot with play equipment for 2-5 year olds and 5-12 year olds and safety
surfacing
Multipurpose field area
Teaching area for use in conjunction with the adjacent school
Drinking fountain
2 Half Basketball courts for practice purposes (expand to 4 if budget permits)
Ping pong tables ( 2 minimum, more if budget permits)
Space is available to add exercise stations and play nodes if the budget permits
2018-10-16 Agenda Packet Page 194
Perimeter walk
Dog park divided between small and large dogs
Walkway lighting
Accessible parking space on adjacent street; and
WHEREAS, the draft master plan for park P-2 includes the following elements:
Restroom building (with storage for park maintenance equipment)
2 Basketball courts
2 Tennis courts
Large multipurpose field area
Play ground with play equipment for 2-5 year olds and 5-12 year olds and safety
surfacing
Group Picnic/BBQ area with shelter (rentable)
Perimeter walk/jogging trail
Passive lawn area
Walkway lighting
Trash enclosure
Accessible parking space on adjacent street
Tree shaded entry plaza with activities
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the draft master plans for the 5.057 acre Park P-5 and the 7.1 acre
Park P-2 and the names of the parks respectively “Meadow Park” and “Orchard Park.”
Presented by:Approved as to form by:
________________________________________________
Kelly Broughton Glen R. Googins
Development Services Director City Attorney
2018-10-16 Agenda Packet Page 195
Page 1 | Parks and Recreation Commission Minutes September 20, 2018
MINUTES OF A REGULAR MEETING OF THE
PARKS AND RECREATION COMMISSION
OF THE CITY OF CHULA VISTA
September 20, 2018 6:30 p.m.
A Regular Meeting of the Parks and Recreation Commission of the City of Chula Vista was called
to order at 6:32 p.m. in the City Council Chambers, located at 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL
PRESENT: Commissioners Enriquez, Fernandez, German (arrived at 6:34pm),
Gregorio, and Zarem
ABSENT: Commissioner Garcia-Lopez and Chair Doyle
ALSO PRESENT: Director of Community Services Lamb, Principal Recreation
Manager Contreras, Landscape Architect Radley, Baldwin & Sons
Project Coordinator Massie, KTUA Landscape Architects
Gutierrez and Blatner Pifer, Landscape Architect Peltz
PUBLIC COMMENTS
There were none.
CONSENT CALENDAR
1.APPROVAL OF JULY 19, 2018, REGULAR MEETING MINUTES
Staff recommendation: Commission approve the minutes
2.APPROVAL OF COMMISSIONER FERNANDEZ’S ABSENCE FROM JULY 19,
2018,REGULAR MEETING
Staff recommendation: Commission excuse the absence
3.APPROVAL OF COMMISSIONER GARCIA-LOPEZ’S ABSENCE FROM JULY 19,
2018,REGULAR MEETING
Staff recommendation: Commission excuse the absence
4.APPROVAL OF COMMISSIONER GERMAN’S ABSENCE FROM JULY 19, 2018,
REGULAR MEETING
2018-10-16 Agenda Packet Page 196
Page 2 | Parks and Recreation Commission Minutes September 20, 2018
Staff recommendation: Commission excuse the absence
ACTION: Commissioner Fernandez moved to approve staff’s recommendations and offered
Consent Calendar Items 1 through 4. Commissioner Gregorio seconded the
motion, and it carried by the following vote:
Yes: 5 – Enriquez, Fernandez, German, Gregorio, and Zarem
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
ACTION ITEMS
5.OTAY VALLERY REGIONAL TRAIL ALIGNMENT STUDY
ACTION: Staff was not available to present, and Vice-Chair Zarem continued the action
item to the next regular meeting.
6.RECOMMENDATION TO APPROVE THE DRAFT PARK MASTER PLANS FOR
THE 5.057 ACRE PARK P-5 AND THE 7.1 ACRE PARK P-2 IN OTAY RANCH
AND THE NAMES OF THE PARKS RESPECTIVELY, “MEADOW PARK,” AND
“ORCHARD PARK.”
City staff, landscape architects from KTUA & Michael Peltz & Associates, and Baldwin & Sons
staff presented the draft park master plans. Commissioner German suggested designing the
tower on the side of the P-5 comfort station so that it takes advantage of natural air circulation to
improve ventilation in the restroom. Commissioner Fernandez recommended that the restroom
floorplan at P-2 be adjusted to remove the decorative door and add an additional pair of
bathroom stalls.
ACTION: Commissioner German moved to recommend to approve the draft Park Master
Plans and the park names located within said sites. Commissioner Gregorio
seconded the motion, and it carried by the following vote:
Yes: 5 – Enriquez, Fernandez, German, Gregorio, and Zarem
No: 0
Abstain: 0
2018-10-16 Agenda Packet Page 197
Page 3 | Parks and Recreation Commission Minutes September 20, 2018
7.NOMINATION OF UP TO THREE COMMISSIONERS TO SERVE ON THE
MEASURE P CITIZEN’S OVERSIGHT COMMITTEE (“COC”)
Commissioners discussed the nominations.
ACTION: Commissioner Enriquez moved to nominate Commissioners Fernandez and
Gregorio to serve on the Citizen’s Oversight Committee. Commissioner German
seconded the motion, and it carried by the following vote:
Yes: 5 – Enriquez, Fernandez, German, Gregorio, and Zarem
No: 0
Abstain: 0
OTHER BUSINESS
8.STAFF COMMENTS
Principal Recreation Manager Contreras presented the Parks and Recreation quarterly and
annual reports.
9.CHAIR’S COMMENTS
There were none.
10.COMMISSIONERS’ COMMENTS
Commissioner Fernandez asked that highlighting improvements and conditions of fields
be included in future Parks and Recreation quarterly and/or annual reports.
Commissioner Enriquez provided background about herself. Commissioner Gregorio
stated that he liked the Parks and Recreation reports and asked that a section for volunteer
opportunities be included.
ADJOURNMENT
At 7:32 p.m., Vice-Chair Zarem adjourned the meeting to the next Regular Meeting on
November 15, 2018, 6:30 p.m. at Council Chambers, 276 Fourth Avenue, Chula Vista,
California.
____________________________________
2018-10-16 Agenda Packet Page 198
Page 4 | Parks and Recreation Commission Minutes September 20, 2018
Tiffany Kellbach, Administrative Secretary
2018-10-16 Agenda Packet Page 199
2018-10-16 Agenda Packet Page 200
2018-10-16 Agenda Packet Page 201
2018-10-16 Agenda Packet Page 202
2018-10-16 Agenda Packet Page 203
2018-10-16 Agenda Packet Page 204
2018-10-16 Agenda Packet Page 205
2018-10-16 Agenda Packet Page 206
2018-10-16 Agenda Packet Page 207
2018-10-16 Agenda Packet Page 208
Draft Master Plan for Village 2, Park P-2September 20, 2018P-2 Park is a 7.1 acre site located in the Montecito Village Core, within the City of Chula Vista, just west of Saburo Muraoka Elementary School. It is primarily an active recreation park. The site is bordered to the north and south by residential units and to the west by a mixed use development (residential and retail), where the future Town Square Park, P-1, will be located. The main entry and plaza is off Santa Victoria Road as it is closer to, and allows for, better connectivity with the Parks P-5 and P-1 . The secondary access is from Santa Diana Road. These entry nodes are connected by a tree lined promenade that runs north/south through the park connecting to all the hard court and activity areas. It also serves as an access-way for park maintenance vehicles. There are several other tertiary entry points into the park from the west and east sides of the park site. An ADA parking space is located on Santa Ivy Road. Centrally located in the heart of Montecito Village, this park provides a wide range of recreational and leisure activities that are within walking distance of many current and future residents homes. Activities and programs that tend to have a higher decibel level have been located on the East side of the park, across from the elementary school. The fi eld and hardcourt play areas are oriented in the preferred north/south direction. A restroom/maintenance building is centrally located on the east side of the promenade, adjacent to the activity plaza where one can picnic, interact with a variety of park activities and be in close proximity to the children’s playground. It is easily accessible from all activities within the site. A drinking fountain will be included on the exterior of the building. To the south of the activity plaza, there are (2) basketball courts along with (2) tennis courts. The tennis courts will be lit at night. The rest of the park will be lit for safety and security along the pathways only. There is a multipurpose fi eld located along the west side of the site with an informal low mounded lawn area, south of the fi eld for passive activity (picnicking, viewing fi eld play, resting).The entry plaza features a variety of seating, game tables, bean bag toss and a grove of trees to provide shade. Other site features include a drinking fountain, bicycle racks, a shade structure and drought tolerant planting. The park refl ects an orchard theme, reminiscent of the City of Chula Vista’s rich agricultural heritage. These groves of trees can be found in the entry plaza to the south, the activity plaza to the east and along the central promenade. The trees provide shade, direction and create areas of separation to the various recreational/activity areas. The irrigation system will utilize the latest technology in water conservation. All irrigation materials specifi ed will be approved and conform to the latest City standards and specifi cations.Irrigation zones will be determined based on the City’s Landscape Water Effi cient Ordinance, Chapter 20.12 of the Municipal Code, requirements, peak demand/hydraulic constraints, controller station capacity/availability irrigation method, plant material, water/hydrozone requirements and topography. Smart controllers with rain sensors, low volume/matched precipitation rate spray heads in turf in shrub planting areas will minimize overspray and run-off. Two bubblers will be placed at each tree location for deep root watering. Location MapDesign Concept StatementP-5P-2MontecitoParkP-1S-2 SchoolS-1 SchoolSanta Diana Ave.State St.Santa Victoria Rd.La Media RoadOlympic ParkwayHerit
a
g
e
R
dOtay RanchHigh SchoolPROJECT LOCATION2018-10-16 Agenda PacketPage 209
Key Areas Multi-Use Field Basketball Courts Tennis Courts Playground (2-5yr. & 5-12yr.) Activity Plaza Entry Plaza Passive Lawn Area Promenade 33’ x 24’ Restroom / Storage Building Bioretention BasinSite Legend Concrete Paving Resilient Surfacing Stabilized Decomposed Granite Turf Area Concrete Picnic Tables Concrete Benches Game Tables Bean Bag Toss Bench with Shade Canopy Trash/Recycle Receptacles Bicycle Rack Playground Structure (2-5yr) Playground Structure (5-12yr) Shade Shelter Trash Enclosure 4’ Height Black Vinyl-Coated Chain-Link Fence 10’ Ht Black Vinyl Chain-Link Fence 10’ Ht Black Vinyl Chain-Link Fence w/ Wind Screen Entry Monument Sign ADA parking space Site Lighting FixturesSanta Diana RoadResidentialSanta Victoria RoadResidentialSanta Ivy Ave.Elementary School SiteSanta Christina Ave.Mixed Use site1AAAAABBCCCDDDDEEEEFFFHHLLPPTTIIMMQQRRRUUUUJJJJJJNNNRRKKKOOSSGG12233455466778910109881503060Scale: 1" = 30'90NORTHOtay Village 2, Park P-2 - Master Plan Multi-Use Field Options• (3) Youth Fields (141’ W x 225’ L), East-West Orientation• (1) Adult Field (225’ W x 360’ L), North-South Orientation2018-10-16 Agenda PacketPage 210
programsite furnishingsmulti-use fi eldplay structuresbasketball courtremovable bollardsplaygroundpicnic tableentry plazapromenadetennis courtturf activity plazapassive lawn areabasketball hoopbean bag tossbenchchain link fence (vinyl)entry monument signbench w/ shade canopybench (backless)Sports Court Lightingbicycle racksmetal shade structuregame tablelitter receptacle w/ lidSite LightingOtay Village 2, Park P-2 - Program & Site Furnishings2018-10-16 Agenda PacketPage 211
Arbutus ‘Marina’ - ArbutusAgave attenuata - Foxtail AgaveDianella caerulea ‘Cassa Blue’Miscanthus sinensis ‘Gracillimus’ - Eualia GrassFestuca glauca ‘Elijah Blue’ - Blue FescueCercis occidentalis - Western RedbudAgave ‘Blue Flame’ - Blue Flame AgaveDietes grandiflora - Fortnight LilyMuhlenbergia capillaris - Pink Muhly GrassHuechera maximaParkinsonia aculeata - Mexican Palo VerdeAloe species - AloeHesperaloe parviflora - Red YuccaMuhlenbergia rigens - Deer GrassSenecio serpens - Blue ChalksticksGeijera parviflora - Australian WillowAnigozanthos ‘Big Red’ - Big Red Kangaroo PawJuncus petens ‘Elk Blue’ - California RushPhormium Species - FlaxSesleria autumnalis - Autumn Moor GrassOlea europaea - OliveChondropetalum tectorum - Cape RushLomandra longifolia ‘Breeze - Dwarf Mat RushSalvia species - SageWestringia fruticosa ‘Mundi’ - RosemaryTrees (24” BOX), such as: Arbutus ‘Marina’ Strawberry Tree Cercis occidentalis Western Redbud Geijera parvilfl ora Australian Willow Jacaranda mimosifolia Jacaranda Koelreuteria bipinnata Chinese Flame Tree Lagerstroemia indica Crape Myrtle Olea europaea ‘Majestic Beauty’ Fruitless Olive Parkinsonia aculeata Mexican Palo Verde Rhus lancea African Sumac Ulmus parvifolia Chinese ElmShrubs (50% 1 GAL, 50% 5 GAL), such as: Agave attenuata Foxtail Agave Agave ‘ Blue Flame’ Blue Flame Agave Agave iophantha ‘Quadricolor’ Quadcolor Century Plant Aloe Species Aloe Anigozanthos x ‘Big Red’ Big Red Kangaroo Paw Arctostaphylos ‘Emerald Carpet’ Carpet Manzanita Chondorpetalum tectorum Small Cape Rush Dasylirion longissimum Mexican Grass Tree Dianella caerulea ‘Cassa Blue’ Blue Flax Lily Dianella tasmanica ‘Silver Streak’ Silver Streak Flax Lily Dietes grandifl ora Fortnight Lily Hesperaloe parvifl ora Red Yucca Juncus patens ‘Elk Blue’ Elk Blue California Rush Kalanchoe thyrsifl ora Paddle Plant Lomandra longifolia ‘Breeze’ Dwarf Mat Rush Miscanthus sinensis ‘Gracillimus’ Eulalia grass Muhlenbergia capillaris Pink Muhly Grass Muhlenbergia rigens Deergrass Phormium species Flax Salvia species Sage Shrubs - Vegetated Swale (50% 1 GAL, 50% 5 GAL), such as: Baccharis pilularis Coyote Brush Carex pansa Dune Sedge Carex divulsa European Grey Sedge Chondropetalum tectorum Small Cape Rush Dianella tasmanica ‘Silver Streak’ Silver Streak Flax Lily Juncus patens ‘Elk Blue’ Elk Blue California Rush Muhlenbergia rigens Deergrass Salvia species Sage Groundcover (70% 1 GAL, 30% FLATS), such as: Arctostaphylos edmundsii Carmel Sur Manzanita Festuca glauca ‘Elijah Blue’ Blue Fescue Huechera maxima Island Alum Root Senecio serpens Blue Chalksticks Sesleria autumnalis Autumn Moor Grass Westringia fruticosa ‘Mundi’ Low Coast RosemaryLawn - SOD Seashore paspalumConceptual Plant PaletteOtay Village 2, Park P-2 - Conceptual Plant Palette2018-10-16 Agenda PacketPage 212
Otay Village 2, Park P-2 - Restroom Building ConceptLEGEND CMU WALLS, TYP., ALL WALLS AND PARTITIONS STANDING SEAM METAL ROOFING, TYP. PUNCHED METAL ENTRANCE GATES VENTILATION LOUVER, TYP. PUNCHED OPENINGS IN CMU FOR LIGHT AND VENTILATION RAISED CMU BAND METAL PARTITION DOORS, TYP. CERAMIC TILE HAND DRYER FLOOR SINK METAL BARN DOORSBABY CHANGING STATION1 2 3 4 5 6 7 8 9 10 11 1212122018-10-16 Agenda PacketPage 213
Otay Village 2, Park P-2 - Conceptual Grading9449 BALBOA AVE, STE 270SAN DIEGO, CA 92123 619.299.55502018-10-16 Agenda PacketPage 214
Otay Village 2, Park P-2 - Irrigation ConceptRRRRRRSANTA IVYRWCMVFTSYNSCALE: 1"=30'015306090GENERAL IRRIGATION NOTESxTHE IRRIGATION SYSTEM FOR THE SITE WILL PROVIDE COVERAGE TO ALLPLANTING AREAS AND WILL BE CONTROLLED BY AN AUTOMATIC IRRIGATIONCONTROLLER. THE ENTIRE SYSTEM WILL BE DESIGNED TO COMPLY WITHTHE CALIFORNIA WATER EFFICIENT LANDSCAPE ORDINANCE AND CITY OFCHULA VISTA REQUIREMENTS, INCLUDING THE CHULA VISTA WATERCONSERVATION ORDINANCE CHAPTER 20.12 OF THE MUNICIPAL CODE.xALL LANDSCAPE AREAS TO RECEIVE RECYCLED WATER IRRIGATIONxSUBSEQUENT SUBMITTALS OF IRRIGATION PLANS SHALL PROVIDE MAWAAND ETWU CALCULATIONS FOR ALL IMPROVEMENTS.xALL ONSITE RECYCLED WATER EQUIPMENT SHALL BE PER WATER AGENCYSTANDARDS (WAS).IRRIGATION LEGENDSYMBOLNOTEIRRIGATION MAINLINEMASTER VALVE AND FLOWSENSOR2" RECYCLEDWATER METERIRRIGATION CONTROLLERTO BE LOCATED INSIDESTORAGE ROOM OFRESTROOM FACILITYPLANTING AREA42,000 SF-POP-UP ROTARY STREAM HEADS AT 40 PSI OPERATION-POP-UP TREE SPRAY/BUBBLER HEADS AT 30 PSI OPERATIONTURF AREA - ACTIVE USE155,600 SF-POP-UP ROTOR HEADS AT 50 PSI OPERATION2" CONSTRUCTION WATER METER, 2"BACKFLOW PREVENTER, AND 2" PVCMAINLINE: TEMPORARY CONSTRUCTIONWATER SOURCE AT FIRE HYDRANT.ASSUMED LOCATION; CONTRACTOR TODETERMINE FINAL LOCATION IN FIELD. TOBE DISCONNECTED ONCE CROSSCONNECTION TEST HAS BEEN APPROVEDBY REVIEWING AGENCY.PRELIMINARY RECYCLED WATERINFORMATIONxESTIMATED PEAK WATER USE FOR LANDSCAPE:-83 GAL PER MINUTE; 3 DAYS PER WEEK, 9 HOURS PER DAYxGROSS AND NET IRRIGATION AREA SERVED BY EACH METER (SQ FT ORACRES):-GROSS IRRIGATION AREA: 309,088 SF (7.1 AC)-NET IRRIGATION AREA: 212,828 SF (4.89 AC)xPEAK FLOW THROUGH THE METER IN GALLONS/MINUTE (GPM):-83 GPMxESTIMATE OF THE YEARLY DEMAND (ACRE-FEET):-6,142.2xDESIGN OPERATING PRESSURE AT THE METER IN KPA (PSI):-91 PSI AVAILABLE AT 469' ELEVATION IN RW PZ 680.xNOTE: PRELIMINARY CALCULATIONS INDICATE 3" MAINLINE WILL BESUFFICIENT TO OPERATE WORST CASE IRRIGATION SYSTEM FOR 50 PSIROTOR OPERATION.CMVF2" RECYCLED WATER METERMASTER VALVEFLOW SENSORY-STRAINERGATE VALVEIRRIGATION CONTROLLERSANTA VICTORIA ROADSANTA DIANA ROADSANTA CHRISTINA ROADSANTA IVY ROADRWTSYNIN-LINE CHECK VALVERECYCLED WATER CROSS CONNECTION TEST STATIONTURF AREA - PASSIVE USE12,600 SF-POP-UP ROTOR HEADS AT 50 PSI OPERATIONTREES IN DG AREA3,800 SF-FLOOR BUBBLER IN SLEEVE AT 30 PSI OPERATION2018-10-16 Agenda PacketPage 215
P a g e | 1
October 16, 2018 File ID: 18-0393
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A TIME LIMITED
PARKING ZONE ALONG THE SOUTH SIDE OF E. PALOMAR STREET,1900 BLOCK
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
This item proposes to revise the time range for the 1-hour parking restriction at 10 out of 25 on-street
spaces on the 1900 block of East Palomar Street from 8:00 AM to 6:00 PM to 8:00 AM to 10:00 PM.
Extending the 1-hour parking restriction at 10 on-street parking spaces on East Palomar Street to being
enforced until 10:00 PM will allow more opportunity for patrons of businesses open past 6:00 PM to park
in spaces that are often occupied in the evenings for longer than one hour.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1
Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because
the project involves negligible or no expansion of an existing use. Thus, no further environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Safety Commission, at their meeting on August 1, 2018, voted (4-0-2) to concur with staff’s
recommendation to establish time-limited parking along the south side of E. Palomar Street, 1900 block
and accordingly amend Schedule VI (Parking – Time Limited on Certain Streets).
DISCUSSION
Oakwood Communities, developer for Contessa Apartments, requested time-limited parking in front of the
businesses along the 1900 block of E. Palomar Street (Attachment 1, E. Palomar Street Location Map;
Attachment 2, Oakwood Communities Letter). There are currently 25 parking spaces along the south curb
line. According to the traffic study by Gibson Transportation Consulting, Inc. in December 2012, these on-
street parking spaces are intended for the retail/commercial businesses that occupy the ground floor units.
Currently, the on-street parking spaces have a time limitation of one hour, enforced between 8:00 AM and
6:00 PM.
2018-10-16 Agenda Packet Page 216
P a g e | 2
After 6:00 PM, area residents are parking in these spaces, but they also have existing dedicated on-site
parking within the adjacent development. Two businesses remain open after 6:00 PM, when parking
availability is limited because the time restriction is not enforced at that time.
As a result, Oakwood Communities requested that the time restriction be revised for 10 of the on-street
parking spaces in front of the businesses that are open after 6:00 PM to state:
“1-HOUR PARKING, 8:00 AM TO 10:00 PM”
Extending the time-limited parking restriction to 10:00 PM will allow the businesses that are open later in
the evening to have available parking spaces; however, the restriction does not guarantee that the time-
restricted spaces will always be available to those businesses. The remaining 15 On-street Parking spaces
will continue to have 1-hour parking between 8:00 AM to 6:00 PM. After observing the location, staff
recommends that the request be implemented (Attachment 3, E. Palomar Street Proposed Time-Limited
Parking).
Per the City of Chula Vista Municipal Code Section 10.52.330, upon approval of the proposed time limited
parking by City Council, Schedule VI of the register maintained in the office of the City Engineer would be
revised to include the following:
Schedule VI – Proposed Parking Time Limited on E. Palomar Street
Name of Street Beginning At Ending At Side of
Street
Length of Time
Permitted
E. Palomar Street View Park Way Magdalena
Avenue
South 10 Spaces, 1Hr 8am -
10pm
15 Spaces, 1Hr 8am - 6pm
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 500 feet of the boundaries of the segments of City right-of-way that are the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of interest
under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform
Act (Cal. Gov’t Code §87100,et seq.).
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The proposed resolution
supports the Strong and Secure Neighborhoods and Economic Vitality goals as it allows for additional
parking for street front businesses on the subject segment of E. Palomar Street.
2018-10-16 Agenda Packet Page 217
P a g e | 3
CURRENT-YEAR FISCAL IMPACT
If the resolution is approved, Oakwood Communities, the developer of the adjacent Contessa Apartments,
has paid the appropriate fee to request time-limited parking per the Master Fee Schedule and will pay the
cost of the improvements needed to implement the parking change.
ONGOING FISCAL IMPACT
Upon completionof installation, newsignage and stripingwill require routine maintenance.
ATTACHMENTS
1. E. Palomar Street Location Map
2. Oakwood Communities Letter
3. E. Palomar Street Proposed Time-Limited Parking
Staff Contact: Paul A. Oberbauer, Senior Civil Engineer
2018-10-16 Agenda Packet Page 218
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A TIME LIMITED PARKING
ZONE ALONG THE SOUTH SIDE OF E. PALOMAR STREET,
1900 BLOCK
WHEREAS, the parking study for Contessa Apartments, prepared by Gibson
Transportation Consulting, Inc. (December 5, 2012) indicated that the 25 on-street parking
spaces were assumed to be dedicated to the retail component of the project; and
WHEREAS, on July 23, 2018, Oakwood Communities, Inc., the developer of Contessa
Apartments, submitted a letter requesting time limited parking along the south side of E. Palomar
Street, fronting businesses along the 1900 block (“Oakwood Letter”); and
WHEREAS, the Oakwood Letter indicates that the current time restriction of one hour,
ending daily at 6:00 PM allows for residents to occupy on-street parking spaces, limiting the
number of spaces available to patrons of the retail businesses open later than 6:00 PM; and
WHEREAS, Oakwood Communities, Inc., is proposing time limited parking of one hour,
8:00 AM to 6:00 PM for 15 on-street parking spaces and 8:00 AM to 10:00 PM for 10 on-street
parking spaces for businesses that close later than 6:00 PM; and
WHEREAS, based on the above information and to address concerns by the developer
and businesses, staff is recommending the time limited parking restrictions to the 25 on-street
parking spaces; and
WHEREAS, the Safety Commission of the City of Chula Vista, at their meeting on
August 1, 2018, voted (4-0-2) to concur with staff’s recommendation to establish time-limited
parking along the south side of E. Palomar Street, 1900 block and accordingly amend Schedule
VI (Parking – Time Limited on Certain Streets).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it establishes the time limited parking along the south side of E. Palomar Street, 1900 block
for the 25 on-street parking spaces.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that, per
City of Chula Vista Municipal Code Section 10.52.330, Schedule VI of the register maintained
in the office of the City Engineer shall be revised to include the following:
Schedule VI – Proposed Time Limited Parking, South Side E. Palomar Street, 1900 Block
Name of Street:E. Palomar Street
Beginning:View Park Way
Ending:Magdalena Avenue
Side of the Street:South
Length of Time:1-Hour, 8:00 AM – 6:00 PM, 15 on-street parking spaces
1-Hour, 8:00 AM –10:00 PM, 10 on-street parking spaces
2018-10-16 Agenda Packet Page 219
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering &City Attorney
Capital Projects
2018-10-16 Agenda Packet Page 220
LOCATION MAP SR 125 25 on-street
parking spaces
2018-10-16 Agenda Packet Page 221
2018-10-16 Agenda Packet Page 222
2018-10-16 Agenda Packet Page 223
2018-10-16 Agenda Packet Page 224
2018-10-16 Agenda Packet Page 225
PARKING SPACE DESIGNATION (NON-COMMERCIAL HOURS)3FIGURELEGENDResident ParkingResident Guest Parking Overflow Retail Parking 8:00 am - 6:00 PMRetail Parking 8:00 am - 10:00 PMNot to Scale2018-10-16 Agenda PacketPage 226
P a g e | 1
October 16, 2018 File ID: 18-0416
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO
THE FISCAL YEAR 2017/2018 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS
THEREFOR (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
As part of the fiscal year 2017-2018 year-end process, staff has reviewed budget to actual reports to
identify potential budget overages at either the category or fund level. Various budget changes are needed
to align the budget with year-end actuals.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that filing of the quarterly financial status report is
not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the actions proposed are not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
As part of the fiscal year 2017-2018 year-end process, staff has reviewed budget to actual reports to
identify potential budget overages at either the category or fund level. Various budget changes are needed
to align the budget with year-end actuals.
For government entities, a budget creates a legal framework for spending during the fiscal year. After the
budget is approved, circumstances arise that may require adjustments to the approved budget. The City
Council Policy No. 220-02 “Financial Reporting and Transfer Authority” permits budget transfers to be
completed. Transfers that exceed $15,000 require City Council approval. The City Council may amend the
budget at any meeting after the adoption of the budget with a 4/5ths vote. Staff is seeking approval for
recommended adjustments in the General Fund and various other funds to align budget with year-end
2018-10-16 Agenda Packet Page 227
P a g e | 2
actual expenditures where the actuals have exceeded budget. A report on the full results of fiscal year
2017-2018, including audited actual revenues and expenditures, will be provided following the completion
of the annual audit and with the presentation of the Comprehensive Annual Financial Report.
Fiscal Year 2017/2018 Budget Adjustments
Staff is recommending various adjustments, appropriations, and transfers to City Departmental and Fund
budgets that require City Council authorization.
General Fund Adjustments
In the General Fund, some of the transfers are between expense categories within the same Department
and some transfers are between Departments. There are also proposed budget adjustments reflecting
increased revenue where needed to address unanticipated expenditure category overages and ensure
correct accurate year-end reporting. The recommended budget adjustments are shown in the table below.
There is no overall net cost to the General as a result of the proposed budget adjustments.
While there is no net cost to the General Fund from the proposed budget adjustments, there are several key
items to note.
The two single largest adjustments ($1.8 million and $1.2 million in the Non-Departmental
Department) are related to the transfer of excess Measure P funds collected in the General Fund to
Measure P Fund (Fund 220) and the accounting adjustment for a fire truck lease, respectively.
The Fire Department exceeded its personnel services budget by approximately $830,000. A key
contributor to this overage is the additional staffing at Fire Station 1 to establish 4.0 staffing levels.
The additional staffing was unanticipated during the development of the fiscal year 2017-2018
budget and the additional costs were not budgeted. This is an adjustment to address the approved
additional staffing.
The proposed adjustments include an increase in Fire Department revenues of approximately
$305,000 for Fire related inspection fees.
General Fund Adjustments Summary - 4th Quarter Fiscal Year 2017-18
PERSONNEL SUPPLIES & OTHER TRANSFERS OTHER NON-CIP CHARGES FOR TOTAL TOTAL
SERVICES SERVICES EXPENSES OUT UTILITIES CAPITAL BUDGET SERVICES EXPENSE REVENUE NET COST
GENERAL FUND
City Council (4,378) (64,590) - - (570) (3,190) - - (72,728)$ -$ (72,728)$
City Clerk (32,000) 32,000 - - - - - - -$ -$ -$
City Attorney's Office (110,026) (41,488) - - (795) (4,948) - (157,257)$ -$ (157,257)$
Administration 32,537 16,107 - - - (3,416) - - 45,228$ -$ 45,228$
Information Technology (22,117) (128,252) - - (8,823) (82,578) - - (241,770)$ -$ (241,770)$
Human Resources (216,889) (14,588) - - - (7,209) - - (238,686)$ -$ (238,686)$
Finance (80,000) 80,000 - - - - - - -$ -$ -$
Non-Departmental - 600,000 - 1,840,769 - 1,229,470 - - 3,670,239$ (3,145,239)$ 525,000$
Animal Care Facility (26,962) (25,000) - - - (6,207) - - (58,169)$ -$ (58,169)$
Economic Development (123,504) (67,000) - - - - - - (190,504)$ -$ (190,504)$
Development Services - (23,000) - - - - - - (23,000)$ -$ (23,000)$
Engineering/Capital (365,698) (91,300) (36,146) - - - (50,000) - (543,144)$ -$ (543,144)$
Police (92,000) - (10,000) - - - - - (102,000)$ -$ (102,000)$
Fire 830,375 86,303 - - 4,042 - - - 920,720$ (305,271)$ 615,449$
Public Works 31,947 (122,365) - - 542,116 - - - 451,698$ -$ 451,698$
Recreation - (21,263) - - - - - - (21,263)$ -$ (21,263)$
Library 27,750 19,065 - - 15,146 - - (25,000) 36,961$ (25,815)$ 11,146$
TOTAL OTHER FUNDS (150,965)$ 234,629$ (46,146)$ 1,840,769$ 551,116$ 1,121,922$ (50,000)$ (25,000)$ 3,476,325$ (3,476,325)$ -$
DEPARTMENT/FUND
2018-10-16 Agenda Packet Page 228
P a g e | 3
However, it should be noted that a negative revenue variance of $459,014 is related to the FEMA
SAFER grant budgeted in fiscal year 2017-2018 that will be received in fiscal year 2018-2019. The
timing of the reimbursements for expenses incurred is contributing to the Fire Department
exceeding its budget in fiscal year 2017-2018.
Other Fund Adjustments
The following recommended adjustments are for funds outside of the General Fund. The proposed
adjustments have a net increase to revenues of approximately $1.9 million to the various identified funds.
The proposed adjustments are to impact the fund balances or current year available revenues of the
respective noted funds.
The Other Funds proposed budget adjustments are primarily being derived by the following transactions:
The 2016 Measure P Sales Tax revenue increase of $1.8 million is related to the transfer of excess
revenues from the General Fund.
The CFD 14M-B-EUC Millenia revenue increase of $40,133 is an accounting correction.
The Eastlake Maintenance District revenue increase of $26,550 as a transfer from the CV Elite
Athlete Training Fund to cover costs associated with maintenance fees.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the
Operational Excellence goal by communicating the City’s projected financial position for the current fiscal
year in an open and transparent manner. This transparency supports City Initiative 1.3.1. - “Foster public
trust through an open and ethical government.”
Other Funds Adjustments Summary - 4th Quarter Fiscal Year 2017-18
PERSONNEL SUPPLIES & OTHER OTHER NON-CIP TRANSFERS TOTAL TOTAL
SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COST
OTHER FUNDS
2016 Measure P Sales Tax - - - - - - - -$ (1,840,769)$ (1,840,769)$
Other Grants - (330,500) 333,000 (2,500) - - - -$ -$ -$
Federal Grants (492,714) (278,125) - - - (21,513) - (792,352)$ 401,014$ (391,338)$
State Grants 495,839 275,000 - - 1,050 38,008 - 809,897$ (417,509)$ 392,388$
Public Education & Government Fee - 1,700 - (1,700) - - - -$ -$ -$
CFD 14M-B-EUC Millenia - - - - - - - -$ (40,133)$ (40,133)$
Eastlake Maintenance District 1 - - - - - - - -$ (26,550)$ (26,550)$
CV Elite Athlete Training Center - 101,100 - - - 26,550 (127,650) -$ -$ -$
2017 CREBs LRBs - 150 (136) - - - - 14$ -$ 14$
Transportation DIFs - - - - - - - -$ (73,233)$ (73,233)$
2016 TARBs - 1,700 (1,700) - - - - -$ -$ -$
Other Transportation Program - - - - - 73,233 - 73,233$ (1,881)$ 71,352$
TOTAL OTHER FUNDS 3,125$ (228,975)$ 331,164$ (4,200)$ 1,050$ 116,278$ (127,650)$ 90,792$ (1,999,061)$ (1,908,269)$
FUND
2018-10-16 Agenda Packet Page 229
P a g e | 4
CURRENT-YEAR FISCAL IMPACT
The Fourth Quarter Monitoring Report presents revised revenue and expenditure projections as of
October 1, 2018. Approval of the resolution amending the fiscal year 2017-2018 budget will result in the
following impacts:
General Fund – There is no net impact to the General Fund as the recommended adjustments to the fund
are either revenue offset or neutral as a result of expenditure or revenue transfers within the expenditure
categories.
Other Funds – The proposed adjustments have a net reduction in costs of approximately $1.9 million to the
various identified funds. Adjustments consist primarily of adjustments within expense categories,
transfers across funds, and appropriation of revenue. The largest adjustment ($1.8 million) is due to the
transfer of Measure P funds from the General Fund to the Measure P fund.
ONGOING FISCAL IMPACT
Staff will review the impacted budgets to identify potential ongoing impacts and may recommend changes
during fiscal year 2018-2019.
ATTACHMENTS
None.
Staff Contact: David Bilby, Finance Department
2018-10-16 Agenda Packet Page 230
RESOLUTION NO. 2018-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2017/18 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR
WHEREAS,the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff has completed the budget review for the quarter ending
June 30, 2018 and is recommending a number of budget amendments; and
WHEREAS, staff is recommending $3,476,325 in appropriations to two departments in
the General Fund that will be offset by $3,476,325 in revenues resulting in a net impact of $0;
and
WHEREAS, the State Grants Fund, the 2017 CREBs LRB Fund, and Other
Transportation Program will be negatively impacted due to adjustments that will add
appropriations that will be made from the available balances of these funds; and
WHEREAS, Measure P Sales Tax Fund, Federal Grants Fund, Community Facilities
District 14M-B-EUC Millenia Fund, Eastlake Maintenance District 1 Fund, and the
Transportation Development Impact Fees Fund will be positively impacted as a result of
increased revenues resulting from the recommended changes; and
WHEREAS,the recommended adjustments to the Other Grants Fund, the Public
Education & Government Fee Fund, the Chula Vista Elite Athlete Training Center Fund, and the
2016 TARBs consist of offsetting transfers between expenditure categories and are neutral
resulting in no net impact to these funds; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby amend the fiscal year 2017/18 budget and approves the following
appropriations and transfers:
2018-10-16 Agenda Packet Page 231
Summary of General Fund Appropriations and/or Transfers
Summary of Appropriations and/or Transfers for Other Funds
Presented by Approved as to form by
David Bilby Glen R. Googins
Director of Finance/Treasurer City Attorney
General Fund Adjustments Summary - 4th Quarter Fiscal Year 2017-18
PERSONNEL SUPPLIES & OTHER TRANSFERS OTHER NON-CIP CHARGES FOR TOTAL TOTAL
SERVICES SERVICES EXPENSES OUT UTILITIES CAPITAL BUDGET SERVICES EXPENSE REVENUE NET COST
GENERAL FUND
City Council (4,378) (64,590) - - (570) (3,190) - - (72,728)$ -$ (72,728)$
City Clerk (32,000) 32,000 - - - - - - -$ -$ -$
City Attorney's Office (110,026) (41,488) - - (795) (4,948) - (157,257)$ -$ (157,257)$
Administration 32,537 16,107 - - - (3,416) - - 45,228$ -$ 45,228$
Information Technology (22,117) (128,252) - - (8,823) (82,578) - - (241,770)$ -$ (241,770)$
Human Resources (216,889) (14,588) - - - (7,209) - - (238,686)$ -$ (238,686)$
Finance (80,000) 80,000 - - - - - - -$ -$ -$
Non-Departmental - 600,000 - 1,840,769 - 1,229,470 - - 3,670,239$ (3,145,239)$ 525,000$
Animal Care Facility (26,962) (25,000) - - - (6,207) - - (58,169)$ -$ (58,169)$
Economic Development (123,504) (67,000) - - - - - - (190,504)$ -$ (190,504)$
Development Services - (23,000) - - - - - - (23,000)$ -$ (23,000)$
Engineering/Capital (365,698) (91,300) (36,146) - - - (50,000) - (543,144)$ -$ (543,144)$
Police (92,000) - (10,000) - - - - - (102,000)$ -$ (102,000)$
Fire 830,375 86,303 - - 4,042 - - - 920,720$ (305,271)$ 615,449$
Public Works 31,947 (122,365) - - 542,116 - - - 451,698$ -$ 451,698$
Recreation - (21,263) - - - - - - (21,263)$ -$ (21,263)$
Library 27,750 19,065 - - 15,146 - - (25,000) 36,961$ (25,815)$ 11,146$
TOTAL OTHER FUNDS (150,965)$ 234,629$ (46,146)$ 1,840,769$ 551,116$ 1,121,922$ (50,000)$ (25,000)$ 3,476,325$ (3,476,325)$ -$
DEPARTMENT/FUND
Other Funds Adjustments Summary - 4th Quarter Fiscal Year 2017-18
PERSONNEL SUPPLIES & OTHER OTHER NON-CIP TRANSFERS TOTAL TOTAL
SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COST
OTHER FUNDS
2016 Measure P Sales Tax - - - - - - - -$ (1,840,769)$ (1,840,769)$
Other Grants - (330,500) 333,000 (2,500) - - - -$ -$ -$
Federal Grants (492,714) (278,125) - - - (21,513) - (792,352)$ 401,014$ (391,338)$
State Grants 495,839 275,000 - - 1,050 38,008 - 809,897$ (417,509)$ 392,388$
Public Education & Government Fee - 1,700 - (1,700) - - - -$ -$ -$
CFD 14M-B-EUC Millenia - - - - - - - -$ (40,133)$ (40,133)$
Eastlake Maintenance District 1 - - - - - - - -$ (26,550)$ (26,550)$
CV Elite Athlete Training Center - 101,100 - - - 26,550 (127,650) -$ -$ -$
2017 CREBs LRBs - 150 (136) - - - - 14$ -$ 14$
Transportation DIFs - - - - - - - -$ (73,233)$ (73,233)$
2016 TARBs - 1,700 (1,700) - - - - -$ -$ -$
Other Transportation Program - - - - - 73,233 - 73,233$ (1,881)$ 71,352$
TOTAL OTHER FUNDS 3,125$ (228,975)$ 331,164$ (4,200)$ 1,050$ 116,278$ (127,650)$ 90,792$ (1,999,061)$ (1,908,269)$
FUND
2018-10-16 Agenda Packet Page 232
ITEM #7
YOU WILL RECEIVE AN E-MAIL INDICATING
WHEN THIS STAFF REPORT AND
ATTACHMENTS ARE AVAILABLE
2018-10-16 Agenda Packet Page 233
P a g e | 1
October 16, 2018 File ID: 18-0410
TITLE
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING
AND ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL CODE TO ADDRESS COMPLIANCE WITH
STATE LAWS GOVERNING SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER 19.04
“DEFINITIONS,” AND FOUND IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES – PERMITS –
APPLICATIONS – HEARINGS - APPEALS,” 19.16 “EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 – APARTMENT RESIDENTIAL ZONE,” 19.38 “C-V – VISITOR
COMMERCIAL ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL ZONE,” 19.44 “I-L - LIMITED
INDUSTRIAL ZONE,” 19.48 “P-C – PLANNED COMMUNITY ZONE”, 19.54 “UNCLASSIFIED USES,” 19.58
“USES,” AND 19.62 “OFF-STREET PARKING AND LOADING” TO DEFINE AND ESTABLISH PROCEDURES
TO PERMIT EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES (FIRST
READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
15.20 “HOUSING CODE” TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES, TO REDEFINE
HOTEL/MOTEL, AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR SINGLE ROOM OCCUPANCY
RESIDENCES (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing and place the ordinances on first reading.
SUMMARY
The item for consideration is an amendment to various sections of the Chula Vista Municipal Code (CVMC)
related to emergency shelters, transitional and supportive housing, single room occupancy (SRO)
residences, qualified employee housing (primarily agricultural employees), and licensed residential
facilities to comply with State law and implement those goals, objectives, policies and programs of the
City’s 2013 Housing Element as certified by the State Department of Housing and Community
Development. Amendments to the CVMC are required in compliance with Senate Bill 2 (Chapter 644,
Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006)and Sections 17021.5 and 17021.6 of
the California Health and Safety Code. Staff has prepared draft amendments to include updated and/or
new definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and objective standard procedures for the
2018-10-16 Agenda Packet Page 234
P a g e | 2
development and permitting of such supportive residential land uses and greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor camps.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the Ordinances for compliance with the California
Environmental Quality Act (CEQA) and has determined that the adoption and implementation of the
Ordinances amending Title 19 “Planning and Zoning”of the Chula Vista Municipal Code (Municipal Code)
and Municipal Code Chapter 15.20 “Housing Code”are not Projects pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that will not
result in physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, without limiting the foregoing, the Development Services
Director has also determined that the adoption and implementation of the Ordinances amending Title 19 of
the Municipal Code by adding definitions and procedures for emergency shelters, single room occupancy
residences, transitional and supportive housing, residential facilities, and qualified employee housing and
providing for greater clarification or repealing of other definitions of similar land uses such as hotels,
motels, efficiency apartments and labor camps and amending Chapter 15.20 to define single room
occupancy residences, to redefine hotel/motel, and to require an annual housing permit for single room
occupancy residences will not result in any physical development in and of itself, and thus will not cause a
significant effect on the environment. Further, the changes implement existing General Plan policies,
objectives, and programs contained in the Housing Element, and are required to be adopted to conform
with State law. The amendment therefore qualifies for an Exemption pursuant to Section 15061(b)(3) of
the California Environmental Quality Act State Guidelines, which means that the activity is not subject to
CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On September 26, 2018, in a joint meeting, the City of Chula Vista Planning Commission voted 5-0-0 and the
Housing Advisory Commission voted 5-0-0 recommending adoption of both Ordinances A, with the
Planning Commission offering recommendations as discussed below, and B to the City Council
(Attachments 1-4).
DISCUSSION
California State law requires local jurisdictions to facilitate and encourage a variety of housing types
including multi-family rental housing, factory built housing, mobilehomes, housing for agricultural
employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing
and address and remove constraints to the maintenance, improvement and development of housing for
persons with disabilities (reference Government Code § 65583 (c)(1) and (3)). As such, the City adopted
the 2013-2020 Housing Element, which identified the need to review, and if necessary to revise, the CVMC
to comply with Federal and State law and to successfully implement the City’s Housing Element.
Staff has prepared text amendments to revise various sections of the CVMC, specifically, Title 19 “Planning
and Zoning“and Chapter 15.20 “Housing Code”to address compliance with state laws governing supportive
residential land uses as follows:
2018-10-16 Agenda Packet Page 235
P a g e | 3
Emergency Shelters Single Room Occupancy (SRO) Residences
Transitional Housing Licensed Residential Facilities
Supportive Housing Qualified Employee Housing (primarily Agricultural Employees)
The subject text amendments would revise the municipal regulations to accomplish the following:
1. Define emergency shelter, and allow emergency shelters by right within the Limited Industrial (I-L)
zone and as a conditional use within the Thoroughfare Commercial (CT) zone and as a community
purpose facility (Government Code § 65582 (j) and 65583 (a)(4)).
2. Define transitional and supportive housing and subject only to those restrictions that apply to other
residential dwellings of the same type in the same zone (Government Code § 65582 (g) and (j) and
65583 (a)(5)).
3. Define qualified employee housing (primarily for agricultural employees) and permit as an
agriculture use subject only to those restrictions that apply to agricultural uses in the same zone,
and permit qualified employee housing for six or fewer employees in all residential zones, subject
only to those standards generally applicable to single-family dwellings (Health & Safety Code §
17021.5 (b) and 17021.6 (b)).
4. Define single-room occupancy residences and permit within the R-3 Apartment Residential zone
(Government Code § 65583 (c)(1)) and include single room occupancy residences under the City’s
Housing Code requiring an annual housing permit.
5. Define licensed residential facilities, permit facilities for six or fewer people in all residential zones,
and permit facilities for seven or more people as an unclassified use subject to a conditional use
permit (Government Code § 65583 (c)(3), Federal Fair Housing Act Amendments and California
Fair Employment and Housing Act).
State of California Policy Objectives & Laws
The State of California has identified housing affordability in California to be an urgent issue, where a
majority of renters (over 3 million households) pay more than 30 percent of their income towards rent and
nearly one-third (over 1.5 million households) spend more than 50 percent of their income on rent.
Homelessness is an increasing concern at the national, state and local level with California driving the
dramatic increases in homeless. According to the 2017 Point in Time Count, over 25% of the nation’s
homeless live in California (approximately 114,000).
With growth in California’s population but even larger increases in housing costs beyond what most can
afford and recognizing the most basic need for every Californian is a home, the State of California has added
regulations and new incentives and resources to facilitate the delivery of housing. Over the years and most
recently in 2017, the State has passed legislation to address the housing crisis through local land-use
processes and to ensure that every city and county shares in the responsibility of planning, facilitating and
encouraging housing for all economic segments of the community.
2018-10-16 Agenda Packet Page 236
P a g e | 4
More specifically, Senate Bill 2 (SB 2)enacted in 2007 clarifies and strengthens housing element law to
require local zoning codes address and plan for emergency shelters, transitional housing, supportive
housing, and farmworker/employee housing for jurisdictions with an agriculture zone. State Government
Code also limits the reasons a city can deny a housing development for very low or low-income households
and emergency shelters and transitional and supportive housing under the Housing Accountability Act
(Government Code §65589.5). Written findings based on evidence that such development would be
detrimental to health & safety of the public using objective standards versus subjective criteria are
required in order to deny such projects.
The following are key elements of Housing Element law and the Housing Accountability Act:
Key Elements Reference
Definitions of emergency shelters, transitional
housing, and supportive housing
Government Code § 65582 (d), (g), and (j)
Requirements to permit emergency shelters by
right, without a Conditional Use Permit (CUP),
Planned Unit Development (PUD) or other
discretionary action within identified zones and
only subject to those development and
management standards that apply to residential
or commercial development within the same
zone. A jurisdiction may apply limited written
and objective standards, such as parking,
lighting, size, and other criteria as set forth in
the law.
Government Code § 65583 (a)(4)
Requirements to permit transitional and
supportive housing as residential uses subject
only to those restrictions that apply to other
residential dwellings of the same type in the
same zone.
Government Code § 65583 (a)(5)
Zoning that permits qualified employee housing
use by right. Employee housing shall be deemed
an agriculture use and no conditional use permit
or other zoning clearance shall be required that
is not required of any other agricultural activity.
Government Code § 65583 (c)(1)(B)
Health & Safety Code § 17021.5 (b) and 17021.6 (b)
2018-10-16 Agenda Packet Page 237
P a g e | 5
Key Elements Reference
Jurisdictions cannot disapprove a housing
development project for very low-, low- or
moderate-income households, including
farmworker or emergency shelters or condition
approval so as to make such project infeasible,
including through the use of design standards, if
the project is consistent with objective and
identified written standards, policies or
conditions and unless it makes specified written
findings, based upon a preponderance of
evidence in the record.
Government Code § 65589.5 (d), (j)
The City’s General Plan 2013-2020 Housing Element was adopted by the City Council and certified by the
State of California Housing and Community Development (HCD) on May 15, 2013 based on, among other
things, programs and actions necessary for compliance with Government Code § 65580 et seq.
On May 7, June 27, and August 8, 2018, HCD issued correspondence to the City requesting status updates
on the City's progress towards implementing its Housing Element to comply with Government Code
requirements. HCD is currently monitoring the City's progress towards adopting the subject text
amendments and has requested documentation by November 1, 2018 demonstrating that all required
changes have been implemented. If the City does not meet this schedule, HCD may issue a 30-day notice to
the City beginning the process to revoke its finding of housing element compliance and it may ultimately
“de-certify” the City's Housing Element.
Emergency Shelter
With the passage of SB 2 in 2007 amending sections 65582, 65583, and 65589.5 of the Government Code,
local jurisdictions must identify a zone where a year-round emergency shelter is permitted by right.
Currently, the City’s Planning and Zoning Code only addresses temporary shelter for the homeless as
accessory to a church use subject to compliance with certain standards (CVMC 19.58.110) and is not in
compliance with the requirements of SB 2.
In order to comply with SB 2, the proposed Ordinance amends the Planning and Zoning Code to establish
and define an emergency shelter in accordance with the State’s definition (Health and Safety Code § 50801
(e)) which is as follows:
“Housing with minimal supportive services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may be denied emergency shelter
because of an inability to pay.”
Specifically, per Government Code § 65583 (a)(4) local jurisdictions may apply the following development
standards:
“The local government shall also demonstrate that existing or proposed permit processing, development,
and management standards are objective and encourage and facilitate the development of, or conversion
to, emergency shelters. Emergency shelters may only be subject to those development and management
2018-10-16 Agenda Packet Page 238
P a g e | 6
standards that apply to residential or commercial development within the same zone except that a local
government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided that the standards do not require
more parking for emergency shelters than for other residential or commercial uses within the
same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required
to be more than 300 feet apart.
(vi) The length of stay.
(vii). Lighting.
(viii). Security during hours that the emergency shelter is in operation.
The proposed ordinance would amend the Chula Vista Municipal Code’s Limited Industrial (I-L) zones to
include emergency shelters as a permitted use and allow them within the Thoroughfare Commercial (C-T)
zone with a conditional use permit. Location within these zones is consistent with the location of other
transient uses such as hotels and motor motels. Both the I-L and C-T zones are at an appropriate density
such that the development of emergency shelters sufficient to meet the demand identified in the Housing
Element are feasible. In addition, these areas are well served by public transit and near services. The I-L
zone provides for less sensitive neighboring uses and provides larger and more opportunistic sites than
commercial zones. As part of the certification of the 2013 Housing Element, industrial zones within Chula
Vista were identified as appropriate zones to permit emergency shelters. In its review of SB 2 compliance
of various localities, staff also analyzed which zones were selected for emergency shelters. There is no
consistent location, with some jurisdictions choosing commercial zones, others residential, and others
choosing light industrial zones as the appropriate location for an emergency shelter.
The proposed ordinance also sets forth objective performance standards consistent with SB 2 and will
require a facility management plan to be submitted and approved, location restrictions limited to 300 feet
from another emergency shelter and other standards specifically referenced in Government Code § 65583
(a)(4) discussed above. Off-street parking will be required at a rate of one parking space for every five
beds, consistent with the median parking requirements found in southern California. Additionally, 1.5
parking spaces for employees and one loading space for deliveries will be required. Such parking
requirements for employees and loading is consistent with standards provided for other uses within the I-L
zone (e.g. wholesale establishments, warehouses, service and maintenance centers, communication
equipment buildings, manufacturing plants, research or testing laboratories, and bottling plants).
Currently, the City’s Planning and Zoning Code within CVMC Section 19.58.110 addresses emergency
shelters as a temporary and accessory use for churches or other religious institutions, limiting such
shelters to twice a year, with a maximum of 12 guests and applying inspection and noticing requirements.
2018-10-16 Agenda Packet Page 239
P a g e | 7
In conformance with SB 2 (Government Code § 65583 (a)(4)) and the Religious Land Use and
Institutionalized Persons Act (RLUIPA), Pub.L. 106–274, codified as 42 U.S.C. § 2000cc et seq., the proposed
Ordinance amends CVMC Section 19.58.110 to exempt temporary emergency shelters operating for 30
days or less within a one-year period which are accessory to a religious institution from any requirements.
For those permanent emergency shelter operations which are considered accessory to a religious
institution, the Ordinance proposes limited standards such as compliance with Health and Safety and
Building Codes, limitation of stay to 60 days, no more than 12 occupants in those emergency shelters
within a residential zone and inclusion of the shelter within the Conditional Use Permit for such religious
institution.
Transitional Housing and Supportive Housing
SB 2 also requires that local jurisdictions ensure that transitional and supportive housing is regulated
consistent with comparable residential uses. The law requires that such developments be subject only to
those restrictions that apply to residential uses of the same type in the same zone. Chula Vista’s current
Planning and Zoning Code contains no definition for transitional or supportive housing, nor does it include
guidelines addressing their development. In order to comply with SB 2, staff recommends that the City
amend its Planning and Zoning Code to include definitions for both transitional and supportive housing and
provide appropriate standards for their development.
Transitional housing is designed to assist individuals and families in developing the skills necessary to
achieve independent living. The proposed ordinance defines transitional housing in accordance with the
State law (Government Code § 65582 (j)) as follows:
“Buildings configured as rental housing developments, but operated under program requirements
that call for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which shall not be less than six
months from the beginning of the assistance.”
Supportive housing is permanent rental housing linked to a range of support services designed to enable
residents to maintain stable housing and lead fuller lives. Typically, a part of the housing is targeted to
people who have risk factors such as homelessness, or health challenges, such as mental illness or
substance addiction. The proposed ordinance defines supportive housing in accordance with the State law
(Government Code § 65582 (g)) as follows:
“Housing with no limit on length of stay, that is occupied by the target population, and that is linked
to an onsite or offsite service that assists the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when possible,
work in the community.” “Target population” means persons with low incomes who have one or
more disabilities as described in Section 65582 (i) of the State Government Code.”
This housing may include apartments, single room occupancy residences, or single-family homes. The
proposed ordinance would amend the CVMC to allow transitional and supportive housing where other like-
residential uses are permitted.
2018-10-16 Agenda Packet Page 240
P a g e | 8
Single-Room Occupancy (SRO) Residence
With the passage of Assembly Bill 2634 (2006), local jurisdictions are now required to plan for a variety of
housing types at all income levels, including provisions to accommodate Single Room Occupancy (SRO)
residences. Chula Vista’s current Planning and Zoning Code does not define, nor does it directly address the
development of SRO residences but does address and permit efficiency living units as a multi-family
residential land use. In order to comply with the requirements of AB 2634,the City must amend its
Planning and Zoning Code to establish and define this use and provide objective performance standards.
An SRO dwelling is typically a small rental unit with limited facilities, intended for single occupancy and as
a primary residence. The proposed ordinance defines single room occupancyresidences in accordance with
State law (Health & Safety Code § 17958.1 (a) regarding efficiency units) as follows:
“a rooming unit or efficiency living unit located in a building containing six or more such dwellings
that are offered for occupancy by residential tenants for at least thirty consecutive days. Kitchen
and bathroom facilities may be wholly or partially included in each living space or may be fully
shared.”
As a new residential land use, amendments to CVMC Chapter 15.20 are proposed to include the definition
of the SRO land use and to require an annual housing permit for such residences.
SROs may be constructed in a manner similar to, or occupy existing, multi-family buildings, motels, or
hotels. As a result, parcels zoned for higher densities are the appropriate locations for SRO residences.
Therefore, SROs are proposed as a permitted residential use within the R-3 Apartment Residential Zone.
Parking is proposed at one space for each unit/residence. The proposed standard is consistent with
standards provided for smaller types of uses such as hotels/motels and boarding/rooming houses
requiring one parking space per room.
Qualified Employee Housing (primarily Agricultural Employees)
The State requires that local jurisdictions with agriculture land use designations provide housing
opportunities for employees through local zoning regulations. Health and Safety Code Section 17021.5
generally requires that qualified housing for six or fewer employees be considered a single-family dwelling
with a residential land use designation. Health and Safety Code Sections 17021.6 states that qualified
housing for seven (7) or more employees is considered to be an agricultural land use designation.
Therefore, no conditional use permit, zoning variance, or other zoning clearance shall be required for
employee housing that is not required of any other agricultural activity within the same zone.
Currently, the City’s Planning and Zoning Code addresses living quarters of persons regularly employed on
the premises and transient labor, with a maximum of two families as an accessory use or building within an
agricultural zone (CVMC 19.20.030.A). Furthermore, under CVMC 19.58.200, development regulations are
provided for such housing including distance from property lines and structures, minimum land areas for
each tent or trailer space or cabin for each three workers, usable recreation area, access roads and parking
areas and issuance of a temporary certificate of occupancy issued for a period not to exceed one year,
subject to renewal.
2018-10-16 Agenda Packet Page 241
P a g e | 9
In order to comply with sections 17021.5 and 17021.6 of the Health and Safety Code, the proposed
Ordinance amends CVMC Title 19 “Planning and Zoning”to include definitions of the term “qualified
employee housing;” and to add such housing as a permitted use in the Agricultural Zone (CVMC Chapter
19.20). Consistent with other provisions of that chapter, qualified employee housing should be subject to a
Site Development Review.
Off-street parking will be required at a rate of one parking space for every three beds, consistent with the
parking requirements found in other local communities. Additionally, 1.5 parking spaces for employees
and one loading space for deliveries will be required. Such parking requirements for employees and
loading is consistent with standards provided for other uses (e.g. wholesale establishments, warehouses,
service and maintenance centers, communication equipment buildings, manufacturing plants, research or
testing laboratories, and bottling plants).
Licensed Residential Facilities
Both federal and State fair housing laws, along with State Planning and Zoning laws (Government Code
Section 65008), provide protection for residential facilities serving persons with disabilities. The
Lanterman Developmental Disabilities Services Act also declares disabled persons are entitled to live
productive and independent lives in the communities in which they live.
In accordance with State law, licensed residential facilities for six or fewer persons are a permitted use in
all residential zones and must be treated like other residential uses occurring within the same zone. The
following State statutes require that small (serving six or fewer persons) licensed group homes be treated
like other residential uses and include: facilities for persons with disabilities and other facilities (Welfare &
Inst. Code 5116), residential health care facilities (Health & Safety Code 1267.8, 1267.9, & 1267.16),
residential care facilities for the elderly (Health & Safety Code 1568.083 - 1568.0831, 1569.82 – 1569.87),
community care facilities (Health & Safety Code 1518, 1520.5, 1566 - 1566.8, 1567.1), pediatric day health
facilities (Health & Safety Code 1267.9;1760 – 1761.8), and facilities for alcohol and drug treatment (Health
& Safety Code 11834.23).
The proposed ordinance seeks to define residential facilities in accordance with the State law (Health and
Safety Code Section 1502(a)(1)) as follows:
“any family home, group care facility, or similar facility, licensed by the State of California, for 24-
hour nonmedical care of persons in need of personal services, supervision or assistance essential
for sustaining the activities of daily living or for the protection of the individual.”
The proposed ordinance would amend CVMC Chapter 19.54 to include residential facilities for seven or
more persons as an unclassified use permitted in any zone with an approved conditional use permit and a
requirement to obtain applicable state licenses and approvals and a Chula Vista business license. Off-street
parking is proposed at a rate of one parking space for every five beds, consistent with the parking
requirements found in other local communities. Additionally, 1.5 parking spaces for employees and one
loading space for deliveries will be required. Such parking requirements for employees and loading is
consistent with standards provided for other uses (e.g. wholesale establishments, warehouses, service and
2018-10-16 Agenda Packet Page 242
P a g e | 10
maintenance centers, communication equipment buildings, manufacturing plants, research or testing
laboratories, and bottling plants).
Through its CUP process, the City has the ability to impose additional conditions of approval as it deems
necessary to ensure that the project would not be detrimental to surrounding properties/uses.
Other Amendments
In light of the proposed amendments to allow for these supportive residential uses, staff is also proposing
to address similar land uses for the purposes of providing greater clarification and standards that are
objective and encourage and facilitate the development of a variety of housing types to meet the diverse
and growing needs of residents.
Staff is recommending that similar uses such as motor hotels, motels and hotels be defined as a single land
use (hotel/motel). An amendment to Chapter 15.20 “Housing Code”would also be necessary to provide a
consistent definition of hotel/motel with the City’s Planning and Zoning Code. With the establishment of
qualified employee housing, references to transient labor accommodations (e.g., camps) should be
removed.
Given the current real estate market, with high costs of housing and a greater demand for housing, homes
are being proposed with a large number of bedrooms, or existing homes are being remodeled to add
additional bedrooms to accommodate larger households (e.g. roommates, multi-generational households,
and other shared households). To address parking impacts that may result from homes with a larger
number of bedrooms that accommodate larger households with potentially more drivers with personal
vehicles, staff is recommending greater parking requirements for those residences providing five or more
bedrooms.
As proposed, one additional parking space beyond the standard residential parking requirement would be
required for each bedroom greater than four. For example, a five bedroom single family home would need
to provide two parking spaces within a garage and one additional on-site space for the fifth bedroom. If six
bedrooms were proposed, two additional on-site parking spaces would be required and so forth.
The Planning Commission recommended that staff investigate and report to the City Council whether
certain parking exceptions should be allowed for those homes with a large number of bedrooms that are
located near transit consistent with public policies aimed at reducing greenhouse gas emissions by
encouraging active transportation and transit usage rather than private automobiles. Currently, the City’s
Accessory Dwelling Unit (ADUs) ordinance, consistent with State Law, exempts such housing within ½ mile
radius of public transit from additional parking requirements. California Government Code Section 65915
(aka Density Bonus law), provides a minimum parking standard of 0.5 parking spaces per bedroom or unit
for affordable housing within ½ mile of a major transit stop, service with a frequency interval of 15 minutes
or less during peak commute periods. All transit stops/stations in Chula Vista are considered a major
transit stop. The State of California’s Affordable Housing and Sustainable Communities Program “AHSC”,
with a specific purpose to reduce greenhouse gas emissions, funds only those transit oriented housing
developments located within one-half (½) mile from a transit station/stop served by high quality transit.
2018-10-16 Agenda Packet Page 243
P a g e | 11
High quality transit requires a frequency interval of service of 15 minutes or less during the peak period
but also requires service seven days a week and permanent infrastructure for the service, either a railway
or features of bus rapid transit with use of dedicated travel lanes for buses and high occupancy vehicles.
Staff recommends that no exemption from the proposed parking requirement for five or more bedrooms be
allowed anticipating a greater need for parking created by such larger homes. Should the City Council wish
to exempt large bedroom units located near transit from the additional parking requirements, staff would
recommend using a standard of ½ mile from a transit station/stop served by high quality transit as the
threshold to qualify for an exemption from the additional parking requirements applied to homes with five
or more bedrooms (Attachment 5). This would exempt those units located within transit oriented
development areas. Such projects would still be required to provide parking consistent with any of the
applicable standard parking requirements.
Public Outreach:
Information regarding the proposed amendments to the CVMC was made available to the public through
the Development Services Housing Division’s website at www.chulavistaca.gov/housing. Additionally, a
draft of the proposed Supportive Residential Land Use Ordinance updating the Planning and Zoning Code
was made available to review at the following locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department – Front Counter Bldg B & Housing Division Building C (276
Fourth Ave)
City Clerk’s Office (276 Fourth Ave)
Several opportunities were provided for the community and interested parties to learn about and provide
input on the proposed amendments to the Chula Vista Municipal Code Update and included the following:
Housing Advisory Commission Wed, January 25, 2017
Development Oversight Committee August 22, 2018
Community Meetings September 13 and 17, 2018
Spanish interpretation was made available upon request at 619-691-5047
Chula Vista Community Collaborative Tues, September 11, 2018
San Diego Housing Federation Policy Subcommittee Wed, September 12, 2018
Joint Meeting of the Planning Commission and
Housing Advisory Commission
Wed, September 26, 2018
Noticing and advertisement of the community meetings and actions before legislative bodies included the
following:
Display ad published in the Star News on Friday, September 7 and 14, 2018;
Direct mailings to 25 persons/organizations;
2018-10-16 Agenda Packet Page 244
P a g e | 12
Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing Federation,
Southwest Civic Association and Crossroads II to their members;
Posting of the meetings through the City’s social media (e.g., Facebook);
Information on the City’s website (e.g. City Calendar and DSD Housing Division); and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
A total of twenty-six persons were in attendance at the two informational meetings held on Thursday,
September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am. A copy of the comments and
responses was made available on the City’s Housing Division website at www.chulavistaca.gov/housing
and was emailed to those attendees who provided email addresses.
A detailed description of the public participation process and the comments received are attached
(Attachment 6).
Conclusion
The proposed amendments to CVMC Code Chapter 15.20 “Housing Code” and Title 19 “Planning and
Zoning,” drafted in conjunction with the legal counsel of Goldfarb & Lipman, and through its public
outreach process, will comply with State Housing Element law and Fair Housing laws by addressing the
critical need for affordable housing and is consistent with the City’s and state’s goals of providing
affordable housing opportunities and maintaining safe, vibrant, and livable communities.
It must be noted that updates related to emergency shelters are time sensitive and will require immediate
action. Per Senate Bill 2 (Cedillo, 2007), local jurisdictions must amend their Zoning Ordinances to permit
emergency shelters by right in at least one zoning district within one year of the adoption of their Housing
Elements. The City has been working over the years to draft such amendments. Within the past few
months, City staff has been working directly with State HCD and providing updates as to progress in
amending its Zoning Code. The City has received notification from the State that compliance is required by
November 1, 2018, or HCD may begin the process to de-certify the City’s Housing Element.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Ordinances support the
2018-10-16 Agenda Packet Page 245
P a g e | 13
Strong and Secure Neighborhoods and the Connected Community goals as they seek to lower barriers to
facilitate and encourage varied residential development to meet growing and diverse housing needs and
priorities of Chula Vista residents.
CURRENT-YEAR FISCAL IMPACT
All staff costs associated with preparing the Ordinances is included in the adopted budget.
ONGOING FISCAL IMPACT
As a planning document, the adoption of Ordinances A and B will have no direct fiscal impact to the City.
However, as projects are implemented both a revenue stream and cost factors will be realized. As
implementation of Ordinances A and B occurs, additional information regarding specific fiscal impacts of
future individual projects will be evaluated.
ATTACHMENTS
1. Planning Commission ResolutionMPA18-0009
2. Housing Advisory Commission Resolution HA18-0003
3. Planning Commission Resolution MPA18-0011
4. Housing Advisory Commission Resolution HA18-0004
5. Alternative Exemption to Parking Requirement for Homes with Five (5) Bedrooms or more
6. Public Participation Process
Staff Contact: Leilani Hines, Housing Manager
2018-10-16 Agenda Packet Page 246
2003\02\2420840.4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF TITLE 19 “PLANNING AND
ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND
IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES –
PERMITS – APPLICATIONS – HEARINGS - APPEALS,” 19.16
“EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 – APARTMENT
RESIDENTIAL ZONE,” 19.38 “C-V – VISITOR COMMERCIAL
ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL
ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48
“P-C – PLANNED COMMUNITY ZONE”, 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62 “OFF-
STREET PARKING AND LOADING” TO DEFINE AND
ESTABLISH PROCEDURES TO PERMIT EMERGENCY
SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 “Planning and Zoning” of the Chula Vista
Municipal Code contained in this Ordinance address the required amendments and provide for
2018-10-16 Agenda Packet Page 247
Ordinance
Page 2
2003\02\2420840.4
greater clarification or repeal of other definitions of similar land uses such as hotels, motels,
efficiency apartments and labor camps; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the
Development Services Director has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform with State law. The amendment therefore qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines,
which means that the activity is not subject to CEQA; and
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted 5-0-0 to adopt PC Resolution No. MPA 18-
0009 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted 5-0-0 to adopt HAC Resolution
No. 18-003 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0009) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
2018-10-16 Agenda Packet Page 248
Ordinance
Page 3
2003\02\2420840.4
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code amendments are in the best interest of the public because they 1) establish objective
standards and, therefore, more certainty in the residential development review process; and 2)
address compliance with housing element law relative to emergency shelters, single room
occupancy residences, transitional and supportive housing, residential facilities, and qualified
employee housing. The amendments include, but are not limited to, updated and/or new
definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and greater clarification or repeal
of other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps.
Section II. Amendment of Chula Vista Municipal Code Title 19 (Planning and Zoning)
This Ordinance amends Municipal Code Title 19, specifically Chapters 19.04
“Definitions,” 19.14 “Administrative Procedures – Permits – Applications – Hearings -
Appeals,” 19.16 “Exceptions and Modifications,” 19.20 “Agricultural Zone,” 19.28 “R-3 –
Apartment Residential Zone,” 19.38 “C-V – Visitor Commercial Zone,” 19.40 “C-T -
Thoroughfare Commercial Zone,” 19.44 “IL - Limited Industrial Zone,” 19.48 “P-C – Planned
Community Zone,” 19.54 “Unclassified Uses,” 19.58 “Uses,” and 19.62 “Off-Street Parking and
Loading” to define and establish standard procedures for the development and permitting of
emergency shelters, single room occupancy dwellings, transitional and supportive housing,
residential facilities and qualified employee housing and provide greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps. (Added text is shown in underline format, and deleted text shown in strike-through
format.)
A. Chapter 19.04, “Definitions” is hereby amended to add and renumber
accordingly, the definitions of “Emergency shelter,” “Qualified employee housing,” “Residence,
single room occupancy (SRO),” “Residential facility,” “Supportive housing,” and “Transitional
housing,” as follows:
19.04.089.2 Emergency shelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons,
with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall
have the same meaning as defined in Section 50801(e) of the California Health and Safety Code.
2018-10-16 Agenda Packet Page 249
Ordinance
Page 4
2003\02\2420840.4
19.04.191 Qualified employee housing.
“Qualified employee housing” means accommodations for employees as defined in Section
17008 of the California Health and Safety Code, as may be amended, which has qualified or
where the owner intends to qualify for a permit to operate under the Employee Housing Act
(Health & Safety Code §§ 17000 et seq.).
19.04.194.1 Residence, single room occupancy (SRO).
“Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit
located in a building containing six or more such dwellings that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
19.04.198.1 Residential facility.
“Residential facility” means any family home, group care facility, or similar facility, licensed by
the State of California, for 24-hour nonmedical care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
19.04.290.1 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the
target population, and that is linked to an onsite or offsite service that assists the supportive
housing resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community (Section 65582(g) of the State
Government Code). “Target population” means persons with low incomes who have one or
more disabilities as described in Section 65582(i) of the State Government Code.
19.04.299 Transitional housing.
“Transitional housing” means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a predetermined future point in time that
shall be no less than six months from the beginning of the assistance (Section 65582(j) of the
State Government Code).
B. Chapter 19.04, “Definitions” is hereby amended to revise or repeal the
definitions of “Agriculture,” “Crop and tree farming,” “Dwelling,” "Efficiency apartment,"
“Efficiency living unit,” “Family,” “Hotel,” and “Motor hotel, including motel and hotel,” to
specifically address qualified employee housing as an allowable use and clarify efficiency living
units within these definitions, to eliminate redundancy of terms, and to renumber accordingly, as
follows:
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry
(excluding swine); incidental to other agricultural uses; and the necessary accessory uses for
storing produce and qualified employee housing; provided, however, that the operation of any
such accessory use shall be secondary to that of primary uses and shall not include stockyards or
2018-10-16 Agenda Packet Page 250
Ordinance
Page 5
2003\02\2420840.4
the commercial feeding of garbage or offal to animals. (Ord. 1212 § 1, 1969; prior code §
33.1401).
19.04.014 Repealed.
19.04.014 Apartment, efficiency.
“Efficiency apartment” means a dwelling unit in a multifamily building, consisting of not more
than one habitable room, together with cooking and sanitary facilities. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard
crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such
crop and qualified employee housing. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence
of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.088 Efficiency living unit.
“Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of
one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square
feet and which may also have partial kitchen or bathroom facilities and shall have the same
meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety
Code (Ord. 1212 § 1, 1969; prior code § 33.1401). means any room having cooking facilities and
used for combined living, dining and sleeping purposes and meeting the requirements of Section
17315 of Part 7 of the State Housing Law, Title 8, Chapter 9, Article 8
19.04.092 Repealed.
19.04.092 Family.
“Family” means an individual, or two or more persons, related by blood, marriage or adoption,
or a group including unrelated individuals bearing the generic character of and living together as
a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities.
(Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
2018-10-16 Agenda Packet Page 251
Ordinance
Page 6
2003\02\2420840.4
19.04.112 Hotel/motel.
“Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or
suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than thirty (30)
consecutive calendar days, and is held out as such to the public individual sleeping or living
units without kitchens, except as otherwise provided herein, for the accommodation of transient
guests (not including hospitals, residential facilities, qualified employee housing, boarding or
lodging houses or single room occupancy residences). (Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401.)
19.04.156 Repealed.
19.04.156 Motor hotel, including motel and hotel.
“Motor hotel, including motel and hotel” means a building or group of buildings comprising
individual sleeping or living units, provided not more than 30 percent of the individual living
units may contain kitchen facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
C. Chapter 19.14 “Administrative Procedures – Permits – Applications –
Hearings – Appeals,” Section 19.14.030 “Zoning Administrator – Actions authorized
without public hearing” is hereby amended to add residential facilities for seven or more
persons, and renumber accordingly, as follows:
19.14.030 Zoning Administrator – Actions authorized without public hearing.
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
…8. Residential facilities for seven or more persons, in accordance with CVMC
19.58.268.
9. An amendment of an existing Conditional Use Permit for a church or religious institution
that is necessary to accommodate an Emergency Shelter as an accessory use to a church or
religious institution that is permitted by right in accordance with CVMC 19.58.110.
D. Chapter 19.16 “Exceptions and Modifications,” Section 19.16.030
“Agricultural uses – Permitted when – Conditional use permit required when” is hereby
amended to include qualified employee housing as an accessory building in crop and tree
farming, as follows:
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
Crop and tree farming and any associated qualified employee housing, as defined herein, shall be
permitted as an interim use in any zone, provided the area in which said use is located has not
2018-10-16 Agenda Packet Page 252
Ordinance
Page 7
2003\02\2420840.4
been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as
accessory farm buildings, packing sheds, wholesale nurseries, qualified employee housing, etc.,
shall be subject to a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
E. Chapter 19.20 “Agricultural Zone,” Section 19.20.030 “Accessory uses and
buildings” is hereby amended to delete housing for transient labor and renumber accordingly, as
follows:
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses permitted in the
agriculture zone, subject to the regulations for such as required herein, include:
“A. Living quarters of persons regularly employed on the premises and transie nt labor,
maximum of two families; but not including labor camps, labor dwellings, or other
accommodations or areas for transient labor (see CVMC 19.58.200 for provisions for labor
dwellings or camps);
F. Chapter 19.20 “Agricultural Zone,” Section 19.20.040 “Conditional uses” is
hereby amended to delete housing for transient labor and renumber accordingly, as follows:
19.20.040 Conditional uses.
The following uses shall be permitted in the A zone; provided, a conditional use permit is issued
in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable,
and CVMC 19.14.050 through 19.14.090:
…”E. Quarters, accommodations, or areas for transient labor in excess of two families, such as
labor dwellings or camps, subject to the provisions of CVMC 19.58.200;”
G. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.020
“Permitted uses” is hereby amended to add a single room occupancy residence and boarding or
lodging house as a permitted residential use and renumber accordingly, as follows:
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
…G. Residence, single room occupancy (SRO).
H. Boarding or lodging houses;
H. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.040
“Conditional uses” is hereby amended to delete boarding or lodging houses as a conditional
residential use and renumber accordingly, as follows:
2018-10-16 Agenda Packet Page 253
Ordinance
Page 8
2003\02\2420840.4
19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
A. Boarding or lodging houses;
I. Chapter 19.38 “C-V – Visitor Commercial Zone,” Section 19.38.020
“Permitted uses” is hereby amended to revise the term hotels, motels and motor hotels to
hotel/motel, and renumber accordingly, as follows:
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels/,motels and motor hotels, subject to the provisions of CVMC 19.58.210, with such
incidental businesses to serve the customer or patron; provided, such incidental uses and
businesses not otherwise permitted in this zone shall be operated in the same building and in
conjunction with this permitted use; (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(B)).
J. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.020
“Permitted uses” is hereby amended to revise the term motor hotels and motels to
hotels/motels, and renumber accordingly, as follows:
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
…C. Motor hHotels and /motels, subject to the provisions of CVMC 19.58.210
(Ord. 3316 § 5, 2014; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986;
Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(B)).
K. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.030
“Conditional uses” is hereby amended to add emergency shelters as conditional use and
renumber accordingly, as follows:
19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
…T. Emergency shelters subject to the provisions of CVMC 19.58.143.
2018-10-16 Agenda Packet Page 254
Ordinance
Page 9
2003\02\2420840.4
L. Chapter 19.44 “I-L – Limited Industrial Zone,” Section 19.44.020 “Permitted
uses” is hereby amended to add emergency shelters as a permitted use, and renumber
accordingly, as follows:
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
…R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. (Ord. 3153 § 2
(Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.513(B)).
M. Chapter 19.48 “P-C – Planned Community Zone,” Section 19.48.025
“Community purpose facilities – Minimum acreage required – Permitted uses.” is hereby
amended to revise and clarify homeless services as a permitted use subject to a conditional use
permit with emergency shelters permitted under the terms and conditions governing its
development:
19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use
designation. All of the following uses are permitted subject to approval of a conditional use
permit:
… 3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and
in accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
N. Chapter 19.54 “Unclassified Uses,” Section 19.54.020 “Designated –
Limitations and standards” is hereby amended to add residential facilities, and renumber
accordingly, as follows:
19.54.020 Designated – Limitations and standards.
The following uses may be considered for location in any zone, subject to the provisions set forth
herein, and additional conditions set forth in Chapter 19.58 CVMC (references indicated for
uses):
…V. Residential facilities: See CVMC 19.58.268.
Conditional use permit applications for the uses listed in this section shall be considered and
approved by the following body or official. The Zoning Administrator shall approve all
ambulance services, trailers (commercial coaches), and certified farmers’ markets, and
residential facilities for seven or more persons. The City Council, subsequent to its receipt of
recommendations thereon from the Planning Commission, shall approve establishments or
enterprises involving large assemblages of people or automobiles (subsection (J) of this section),
and public or quasi-public uses (subsection (M) of this section). The Planning Commission shall
approve all other conditional use permits for unclassified uses not mentioned in this paragraph.
(Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 1, 2004; Ord. 2921 § 2, 2003;
2018-10-16 Agenda Packet Page 255
Ordinance
Page 10
2003\02\2420840.4
Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989; Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054
§ 1, 1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697 § 1, 1976; Ord. 1626 §§ 1, 2,
1975; Ord. 1464 § 2, 1973; Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2, 1970; Ord.
1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212 § 1, 1969; prior code § 33.535(A)).
O. Chapter 19.58 “Uses” is hereby amended to add terms and conditions governing
the development of emergency shelters, qualified employee housing, residential facilities, single
room occupancy residences and transitional and supportive housing, delete labor camps and
renumber accordingly, as follows:
19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution.
…B. The provision of temporary an emergency shelter for the homeless in accordance with the
following standards and requirements is considered accessory to the church use or religious
institution (no conditional use permit required) subject to compliance with the following
standards:
1. Temporary emergency shelters operating for thirty (30) days or less in any 365-day period
which are accessory uses to religious institutions or religious organizations are exempt from
this section.
2. The primary church use or religious institution was authorized through a conditional use
permit approval.
3. Appropriate design accommodations for the emergency shelter were included in the
original facility design, and the emergency shelter was listed as an accessory use and
identified in the original conditional use permit application. Where the emergency shelter
was not initially contemplated and included in the original conditional use permit, such
conditional use permit must be amended in accordance with the provisions of CVMC
19.14.030 (A).
4. Emergency shelters shall comply with current California Health and Safety Codes and
California Building Codes in effect upon its construction.
5. No rent of fees of any kind shall be charged for emergency shelter services offered to
homeless persons.
6. Within Residential Zones, emergency shelter accommodations shall be limited to twelve
(12) persons at a single time.
7. A person residing at the facility shall be limited to sixty (60) days of accomodations.
1. A shelter may accommodate a maximum of 12 guests for two weeks per year. Two additional
nonconsecutive two-week periods may be authorized by the Zoning Administrator, provided no
opposition has been expressed by surrounding property owners or residents; otherwise the City
Council shall have the authority to grant such extensions.
2018-10-16 Agenda Packet Page 256
Ordinance
Page 11
2003\02\2420840.4
2. The guests shall be prescreened by a recognized social service agency to determine resident
suitability. Active alcohol or drug abusers as well as those with criminal convictions of a felony
or any crime of violence or significant mental illness shall be excluded from the program.
Supervision shall be provided at all times both on-site and during arrivals and departures from
the shelter.
3. A floor plan and set-up of the space to be occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be conducted by the City in order to determine
compliance with applicable building, health, safety and fire regulations.
4. A church which is providing shelter for the first time, or which has not provided shelter in the
last 18 months, shall provide the City with certification that written notice of the proposal has
been given to properties within 300 feet of the shelter site. The host congregation is encouraged
to hold a neighborhood meeting to inform residents of the proposal and answer questions well
before the commencement date.
5. The shelter may be subject to closure for the violation of the standards or determination by the
Zoning Administrator that the shelter guests have been the negligent or intentional cause of one
or more neighborhood disturbances.
6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including
extensions, are considered conditional uses and may only be permitted by issuance of a
conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2485 § 1, 1991; Ord. 2290 § 1,
1989; Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(B)(10)).
19.58.143 Emergency Shelters.
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities
are required to identify a minimum of one zone that permits emergency shelters by right. The
purpose of this section is to establish standards to ensure that the development of emergency
shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that
they are developed in a manner that protects the health, safety, and general welfare of the nearby
residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial
zone within a City approved Sectional Planning Area plan or Specific Plan , subject to a non-
discretionary Development Review Permit pursuant to Government Code Section 65583 (a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent
commercial zone or on land designated as “community purpose facilities" (CPF) within a City
approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit
authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and
CVMC 19.14.050 through 19.14.090.
2018-10-16 Agenda Packet Page 257
Ordinance
Page 12
2003\02\2420840.4
Emergency shelters are subject to the following standards. Emergency shelters operating for
thirty (30) days or less in any 365-day period which are accessory uses to religious institutions or
religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private
organization that provides, or that contracts to provide, emergency shelters and which, when
required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in
which they are located, and in addition, no emergency shelter shall be located within three
hundred feet of another such facility, said measurement being defined as the shortest distance
between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 “Off-Street Parking and Loading.”
F. Each emergency shelter shall include, at a minimum, the following:
1. Interior and exterior lighting necessary for security, safety, and operational purposes shall
conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor
provisions as applicable in effect at the time the application is deemed complete. Exterior
lighting shall be stationary, directed away from adjacent properties and public right-of-ways;
2. If client intake is to occur on-site, there shall be an indoor client intake/waiting area equal
to a minimum of ten square feet per bed provided at the facility. If an exterior waiting area is
also provided, it shall be enclosed or screened from public view and adequate to prevent
obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates
both men and women in the same building. Reasonable accommodation shall be made to
provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on-site at all hours the facility is open and one hour
prior to and after facility operating hours. At least one full-time equivalent employee shall be
required to be on-site during facility operating hours for every 20 beds in the facility.
2018-10-16 Agenda Packet Page 258
Ordinance
Page 13
2003\02\2420840.4
H. Emergency shelters may provide one or more of the following types of supportive facilities
or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management
Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security;
screening of residents to ensure compatibility with services provided at the facility; training,
counseling, and treatment programs for residents, and facility information, including the number
of persons who can be served nightly, the location of onsite waiting and intake areas, the
provision of onsite management, and onsite security during hours of operation, as estab lished in
Government Code Section 65583 (a)(4)(A).
19.58.144 Qualified employee housing.
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant
to Health and Safety Code Section 17021.5 (b), shall be deemed a single-family dwelling and is
allowed in residential zones. Qualified employee housing is subject to all municipal codes,
regulations and other standards generally applicable to other residential dwellings of the same
type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and
consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6 (b), shall be
deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent
agricultural zone within a City approved Sectional Planning Area plan or Specific Plan.
Qualified employee housing is subject to all municipal codes, regulations and other standards
generally applicable to other agricultural activity in the same zone.
19.58.200 Labor camps.
No labor camp structure shall be located closer than 20 feet from any property line, and not
closer than 50 feet from the front lot line. When adjoining an R zone, no structure shall be closer
than 100 feet from the adjoining property line. The aggregate site area shall contain not less than
3,000 square feet of land area for each tent or trailer space or cabin or for each three workers,
and no structure shall be closer than 10 feet from any other structure. A usable recreation area
shall be provided for each labor camp, and shall contain not less than 200 square feet of area for
each dwelling space or unit or each three workers. Access roads and parking areas shall have a
2018-10-16 Agenda Packet Page 259
Ordinance
Page 14
2003\02\2420840.4
durable and dustless surface and areas shall be so graded as to dispose of all surface water
accumulated within the area. A temporary certificate of occupancy will be issued for a period not
to exceed one year, subject to renewal. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.901(B)(19)).
19.58.265 Residence, single room occupancy (SRO).
Single room occupancy residences, as defined in CVMC 19.04.194.1 are allowed in multiple-
family residential zones or an equivalent residential zone within a City approved Sectional
Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and
65583(c)(1). Single room occupancy residences are subject to all municipal codes, regulations
and other standards generally applicable to multiple-family residential buildings in the same
zone.
19.58.268. Residential facility
Residential facilities, as defined in CVMC 19.04.198.1, for six or fewer residents are allowed in
residential zones or an equivalent residential zone within a City approved Sectional Planning
Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any
zone as an unclassified use with an approved conditional use permit and shall be authorized in
accordance with the provisions of CVMC 19.14.030 (A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not
exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
C. Residential facilities are not permitted three hundred (300) feet from another licensed
residential facility with said measurement being defined as the shortest distance between the
outside walls of the structures housing such facilities; provided, however, that residential
facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter
care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are
exempt from the requirements of this Section 19.58.268(C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050 (34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of
the California Code of Regulations, also known as the California Building Standards Code and.
the applicant must certify that units designed for people with disabilities complies with all
applicable federal and state disabled persons accessibility requirements, including but not limited
to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or
Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility
Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual
facility; dining shall not be open to the public.
2018-10-16 Agenda Packet Page 260
Ordinance
Page 15
2003\02\2420840.4
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space
requirements.
G. The facility may include accessory retail and personal service uses appropriate for the
population served and limited to use by residents, guests, and employees of the individual
facility, subject to the permit requirements of the applicable zone.
1. “Accessory retail” uses are permitted on any site containing attached residential (for sale,
rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use
may offer a limited selection of convenience goods and services for the daily needs of the
residents. Examples may include, but are not limited to: mini-markets under 5,000 square
feet; eating establishments, excluding drive throughs, under 3,000 square feet; retail shops,
walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and
personal services under 2,000 square feet.
2. “Personal service” uses provide non-medical retail sales and services to individuals as a
primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning
pick-up stores with limited equipment, home electronics and small appliance repair,
laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair
shops, tailors, tanning salons, and travel agencies. Personal services does not include
“Massage parlor”, which is defined separately in this Section.
I. Approval must be obtained from applicable agencies concerning health and safety conditions,
and said residential facility must be licensed by such agencies, as required.
J. If a conditional use permit is required, a business license must be obtained concurrently with
the conditional use permit.
19.58.315 Supportive and transitional housing.
Supportive housing, as defined in CVMC 19.04.290.1, and transitional housing, as defined in
CVMC 19.04.299, are allowed in residential zones or an equivalent residential zone within a
City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code
Section 65583(a)(5), and subject to all municipal codes, regulations and other standards
applicable to other residential dwellings of the same type in the same zone.
P. Chapter 19.62 “Off-Street Parking and Loading,” Section 19.62.050 “Number of
spaces required for designated uses” is hereby amended to revise and add the required parking
for large bedroom dwelling units, efficiency living units, emergency shelters, qualified employee
housing, and residential facilities and renumber accordingly, as follows:
19.62.050 Number of spaces required for designated uses.
In the case of any building, structure or premises, the use of which is not specifically mentioned
herein, or in the opinion of the approving authority is not similar to any use found herein, the
2018-10-16 Agenda Packet Page 261
Ordinance
Page 16
2003\02\2420840.4
approving authority may apply a ratio based on a similar existing use not found herein. In
computing parking requirements, a resultant fractional space of one-half shall count as a full
space.
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
…11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages).
One additional for each bedroom over four bedrooms.
…13. Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
One additional for each bedroom over four bedrooms.
*For every 10 parking spaces required, one of this total may be a “compact” space.
…19. Hotels, /motels, motor hotels:
One space for each living or sleeping unit, plus one space for every 25 units, or portion
thereof, to be provided on the same lot.
…32. Emergency shelters:
One for every five beds, one for each one and one-half persons employed at one time in
the normal operation of the establishment, and one loading space for delivery services.
33. Qualified employee housing:
Qualified employee housing for six or fewer persons shall have the same number of
spaces required for residential dwellings. Qualified employee housing for seven or more
persons shall have one for every three beds, one for each one and one-half persons
employed at one time in the normal operation of the establishment, and one loading space
for delivery services.
2018-10-16 Agenda Packet Page 262
Ordinance
Page 17
2003\02\2420840.4
34. Residential facilities:
Residential facilities for six or fewer persons shall have the same number of spaces
required for residential dwellings. Residential facilities for seven or more persons shall
have one for every five (5) beds, one for each person employed at one time in the normal
operation of the establishment, and one loading space for delivery services. (Ord. 3153 §
2 (Exh. A), 2010; Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1, 1979; Ord.
1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.801(E)).
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
2018-10-16 Agenda Packet Page 263
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 15.20
“HOUSING CODE” TO DEFINE SINGLE ROOM
OCCUPANCY RESIDENCES, TO REDEFINE HOTEL/MOTEL,
AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR
SINGLE ROOM OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in this Ordinance to City of Chula Vista Municipal
Code Chapter 15.20 “Housing Code,” to define single room occupancy (SRO) residences,
redefine hotel/motel and to require an annual housing permit for SRO residences, with SRO
permit fees to be set by the City’s master fee schedule, address the required amendments; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the adoption and
implementation of the Ordinance amending Chapter 15.20 “Housing Code” of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
2018-10-16 Agenda Packet Page 264
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines, which means that the activity is not subject to CEQA;
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted 5-0-0 to adopt PC Resolution No. MPA18-
0011 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted 5-0-0 to adopt HAC Resolution
No. 18-004 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0011) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code Amendment is in the best interest of the public because it ensures operations for healthy
living environments for guests and surrounding communities. The Amendment includes, but is
not limited to, defining single room occupancy residences, redefining hotel/motel, and requiring
an annual Housing Permit for single room occupancy residences.
Section II. Amendment of Chula Vista Municipal Code Title 15 (Buildings and
Construction)
This Ordinance amends Municipal Code Chapter 15.20 “Housing Code” to define single
room occupancy (SRO) residences, redefine hotel/motel and to require an annual housing permit
for single room occupancy residences, with SRO permit fees to be set by the City’s master fee
2018-10-16 Agenda Packet Page 265
schedule. (Added text is shown in underline format, and deleted text is shown in strike-through
format.)
A. Section 15.20.002 “Definitions” is hereby amended to add, and renumber accordingly,
the definitions of “Single Room Occupancy Residence (SRO)”, and redefine “Hotel/motel, as
follows:
15.20.002 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A. “Guestroom” means a sleeping room in a hotel/motel designed and intended to be used as
lodging for transient visitors to the City as documented by the City Building Official or his
designee;
B. “Hotel/motel” means any building or group of buildings or facility, containing comprised of
six or more guestrooms or suites of rooms, where a majority of such rooms are which is
occupied, or intended or designed for occupancy by guests for temporary lodging or sleeping
purposes for less than thirty (30) consecutive calendar days, and is held out as such to the public
(not including hospitals, residential facilities, qualified employee housing, boarding or lodging
house or single room occupancy residencesconvalescent home or sanitarium;
C. “Residential rental unit” means an apartment house, single room occupancy residence,
boarding or lodging house, or dwelling that is not owner occupied;
D. “Single room occupancy residence (SRO)” means a rooming unit or efficiency living unit
located in a building containing six or more dwelling units that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
DF. “Toilet room” means a room that can be made private by locking a door that contains a toilet
and shall comply in all ways with the California Building Codes in effect upon its construction.
Toilet rooms may also contain lavatories, bathtubs or showers;
EG. “Transient” as defined in CVMC 3.40.020. (Ord. 3041 § 1, 2006).
B. Section 15.20.040, Section 304 is hereby amended to add single room occupancy
residences as a residential use requiring an annual housing permit, as follows:
Section 15.20.040, Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
2018-10-16 Agenda Packet Page 266
Annual Housing Permit.
Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation, either
for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, boarding or lodging house, or hotel/motel, or single room
occupancy residence without first obtaining a housing permit therefor.
Section 304.2 The annual housing permit provided for in this code shall be due and
payable to the city of Chula Vista on the first day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section 304.3 If any person, firm, partnership or corporation commences the operation of
an apartment house, boarding or lodging house, or hotel/motel, or single room occupancy
residence during the calendar year, the housing permit shall be prorated on a quarterly
pro rata basis for the calendar year.
Section 304.4 A permit to operate and maintain an apartment house, boarding or lodging
house, or hotel/motel, or single room occupancy residence is not transferable.
C. Section 15.20.050, Section 305 is hereby amended to add single room occupancy
residences as a residential use subject to payment of housing permit fees set by the City’s master
fee schedule, as follows:
15.20.050 Section 305 added to require housing permit fees to be set by City’s master fee
schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Housing Permit Fees – Residential Rental Units, Apartment Houses, Boarding or
Lodging Houses, Hotels/andMotels, or Single Room Occupancy Residences.
Section 305.1 The fee for a housing permit required by Section 304 of this code shall be
as presently designated, or as it may hereafter be amended, as set forth in the master fee
schedule of the city of Chula Vista.
For the purpose of this section, a “unit” shall mean each rental dwelling in an apartment
house or single room occupancy residence, each sleeping room in a hotel, motel, and
boarding or lodging house, and each rental dwelling unitapartment and each hotel/motel
sleeping room in a building containing both apartments and hotel/motel sleeping rooms.
Separate residential rental dwelling units and separate hotel/motel buildings, or
combination thereof, located upon a single parcel of land or contiguous parcels of land,
under the same ownership, shall be treated as one apartment houseresidential rental
building, or hotel/motel, for the purpose of computing the fee prescribed by this section.
2018-10-16 Agenda Packet Page 267
Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on or
before the thirtieth day of the month following the date when it became due, then a
penalty in an amount equal to twenty-five percent of the permit fee due and payable shall
be added thereto, and no such permit shall be issued until such penalty has been paid.
Section 305.3 The assistant director of planning and buildingDevelopment Services
Director shall cause to be made such inspections, at such intervals, as shall be deemed
necessary to insure compliance with the provisions of this code.
D. Section 15.20.060, Section 306 is hereby amended to add SRO residence as a residential
use subject to the requirements for an annual housing permit, as follows:
15.20.060 Section 306 added to require suspension or revocation of annual housing permit
where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, boarding or lodging house,
hotel/or motel, or single room occupancy residence is not being conducted in conformity
with this code, the annual housing permit to operate shall be subject to revocation or
suspension by the building official.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
2018-10-16 Agenda Packet Page 268
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by:
_____________________________________ ____________________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
2018-10-16 Agenda Packet Page 269
RESOLUTION NO. MPA 18-0009
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPT AN ORDINANCE
AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING AND
ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL CODE
TO ADDRESS COMPLIANCE WITH STATE LAWS GOVERNING
SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER
19.04 “DEFINITIONS,” AND FOUND IN CHAPTERS 19.14
“ADMINISTRATIVE PROCEDURES – PERMITS –
APPLICATIONS – HEARINGS - APPEALS,” 19.16 “EXCEPTIONS
AND MODIFICATIONS,” 19.20 “AGRICULTURAL ZONE,” 19.28
“R-3 – APARTMENT RESIDENTIAL ZONE”, 19.38 “C-V – VISITOR
COMMERCIAL ZONE,” 19.40 “C-T - THOROUGHFARE
COMMERCIAL ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL
ZONE,” 19.48 “P-C – PLANNED COMMUNITY ZONE,” 19.54
“UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62 “OFF-STREET
PARKING AND LOADING” TO DEFINE AND ESTABLISH
PROCEDURES TO PERMIT EMERGENCY SHELTERS, SINGLE
ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING
AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 “Planning and Zoning” of the Chula Vista
Municipal Code contained in the subject Ordinance address the required amendments and
2018-10-16 Agenda Packet Page 270
PC Resolution MPA18-0009
September 26, 2018
Page -2-
provide for greater clarification or repeal of other definitions of similar land uses such as hotels,
motels, efficiency apartments, and labor camps; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the Director of
Development Services has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform to State law. The amendment therefore qualifies for an Exemption pursuant
to Section 15061(b)(3) of the CEQA State Guidelines, which means that the activity is not
subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Title 19 of the Chula Vista Municipal Code related to Emergency Shelters, Single Room
Occupancy Residences, Transitional and Supportive Housing, Qualified Employee Housing and
Residential Facilities.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-10-16 Agenda Packet Page 271
PC Resolution MPA18-0009
September 26, 2018
Page -3-
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to-
wit:
AYES: Burroughs, Calvo, Milburn, Nava, and Gutierrez
NOES:
ABSENT: Anaya, Zaker
ABSTENTIONS:
________________________
Gabe Gutierrez
Chairperson
____________________________
Patricia Laughlin,
Secretary to Planning Commission
2018-10-16 Agenda Packet Page 272
2018-10-16 Agenda Packet Page 273
2018-10-16 Agenda Packet Page 274
2018-10-16 Agenda Packet Page 275
2018-10-16 Agenda Packet Page 276
RESOLUTION NO. MPA18-0011
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT
AN ORDINANCE AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 15.20 “HOUSING CODE”
TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES,
TO REDEFINE HOTEL/MOTEL, AND TO REQUIRE AN
ANNUAL HOUSING PERMIT FOR SINGLE ROOM
OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in the subject Ordinance to City of Chula Vista
Municipal Code Chapter 15.20 “Housing Code,” to define single room occupancy (SRO)
residences, redefine hotel/motel and to require an annual housing permit for SRO residences,
with SRO permit fees to be set by the City’s master fee schedule, address the required
amendments; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
2018-10-16 Agenda Packet Page 277
PC Resolution MPA18-0011
September 26, 2018
Page -2-
foregoing, the Director of Development Services has also determined that the adoption and
implementation of the Ordinance amending Chapter 15.20 “Housing Code” of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines, which means that the
activity is not subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Chula Vista Municipal Code Chapter 15.20 “Housing Code” to define single room occupancy
residences, to redefine hotel/motel, and to require an annual Housing Permit for single room
occupancy residences.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2018-10-16 Agenda Packet Page 278
PC Resolution MPA18-0011
September 26, 2018
Page -3-
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to-
wit:
AYES: Burroughs, Calvo, Milburn, Nava, and Gutierrez
NOES:
ABSENT: Anaya, Zaker
ABSTENTIONS:
________________________
Gabe Gutierrez
Chairperson
____________________________
Patricia Laughlin,
Secretary to Planning Commission
2018-10-16 Agenda Packet Page 279
2018-10-16 Agenda Packet Page 280
2018-10-16 Agenda Packet Page 281
2018-10-16 Agenda Packet Page 282
Attachment 5
ALTERNATIVE PROPOSED PARKING REQUIRMENTS
HOMES WITH FIVE (5) BEDROOMS OR MORE
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
…11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages).
One additional for each bedroom over four bedrooms, except those dwellings located
within one-half (½) mile from a major transit stop or high quality transit corridor or that
is otherwise consistent with such definitions of "major transit stop" and “high quality
transit corridor” as contained in California Public Resources Code Section 21155.
…13. Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
One additional for each bedroom over four bedrooms, except those dwellings located
within one-half (½) mile from a major transit stop or high quality transit corridor or that
is otherwise consistent with such definitions of "major transit stop" and “high quality
transit corridor” as contained in California Public Resources Code Section 21155.
*For every 10 parking spaces required, one of this total may be a “compact” space.
2018-10-16 Agenda Packet Page 283
Attachment 6
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
Project
State law requires local governments to address housing for diverse populations through local
zoning. To comply with the State requirements, the City is proposing text amendments to revise
the zoning regulations to accomplish the following:
Define emergency shelter and allow emergency shelters by right within the Limited
Industrial (I-L) zone and as a conditional use within the Thoroughfare Commercial (CT)
zone and as a community purpose facility (Government Code § 65582 (j) and 65583
(a)(4)).
Define transitional and supportive housing and subject only to those restrictions that
apply to other residential dwellings of the same type in the same zone (Government
Code § 65582 (g) and (j) and 65583 (a)(5)).
Define employee housing (primarily for agricultural employees) and permit as an
agriculture use subject only to those restrictions that apply to agricultural uses in the
same zone, and permit employee housing for six or fewer employees in all residential
zones, subject only to those standards generally applicable to single-family dwellings
(Health & Safety Code § 17021.5 (b) and 17021.6 (b)).
Define single-room occupancy residences and permit within the R-3 Apartment
Residential and Office Commercial (CO) zone (Government Code § 65583 (c)(1)) and
include single room occupancy residences under the City’s Housing Code requiring an
annual housing permit.
Define licensed residential facilities, permit facilities for six or fewer people in all
residential zones, and permit facilities for seven or more people as an unclassified use
subject to a conditional use permit (Government Code § 65583 (c)(3), Federal Fair
Housing Act Amendments and California Fair Employment and Housing Act).
Clean up of various other land uses to provide clarity of definitions and to ensure fair and
equal treatment of such uses
Level of Public Participation
To Inform with the goal of providing the public with balanced and objective information to assist
them in understanding the problems and the project, alternatives and/or solutions, the decision
process, and also to provide feedback on how public input may have influenced the outcome.
2018-10-16 Agenda Packet Page 284
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 2
Inform the community about the need for housing, particularly for the more vulnerable in
the community, the requirements of State law and consequences, and how the City is
proposing to revise the Chula Vista Municipal Code to comply with State law.
Provide answers to questions and engage the community in constructive conversation
related to the Project.
Inform of the schedule/timeline.
2018-10-16 Agenda Packet Page 285
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 1
Public Review
Information regarding the proposed amendments to the CVMC was made available to the public
through the Development Services Housing Division’s website at
www.chulavistaca.gov/housing. A draft of the proposed Supportive Residential Land Use
Ordinance updating the Planning and Zoning Code, a copy of the presentation, notices and
comments was made available to review at www.chulavistaca.gov/housing and at the following
locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department – Front Counter
Bldg B & Housing Division Building C (276 Fourth Ave)
City Clerk’s Office (276 Fourth Ave)
Public Meetings & Briefings (August 23-Sept 25, 2018)
Several opportunities were provided for the community and interested parties to learn
and understand the proposed amendments to the Chula Vista Municipal Code Update
and included the following:
Description Date & Time Location
Housing Advisory Commission Wed, Jan 25, 2017
3:30 pm
Chula Vista Civic Center
Building C, CR C-101
276 4th Ave, Chula
Vista, CA 91910
Development Oversight Committee Thurs, Aug 23, 2018
10 – 11:30 am
Chula Vista Civic Center
Building C, CR B111-112
276 4th Ave, Chula
Vista, CA 91910
2018-10-16 Agenda Packet Page 286
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 2
Description Date & Time Location
Community/Stakeholder (early evening)
Thurs, Sept 13, 2018
6-7:30 pm
Chula Vista Police Dept
Community Room
315 4th Ave, Chula
Vista, CA 91910
Community/Stakeholder Meeting (day)
Mon, Sept 17, 2018
10 am – 11:30 am
Norman Park Senior
Center
270 F St, Chula Vista,
CA 91910
Briefing:
Southwest Chula Vista Civic Association
Oct 2018
Sending invite to membership for
Community Meetings
Briefing: Crossroads II Sending invite to membership for
Community Meetings
Briefing: Chula Vista Community
Collaborative
Tues, Sept 11, 2018
9:00 AM – 11:00 AM
270 C Street, Chula
Vista, CA 91910
Briefing: San Diego Housing Federation
Policy Subcommittee
second Wednesday of the month
Wed, Sept 12, 2018
9:00 AM – 10:30 AM
3939 Iowa Street
Suite 1
San Diego, CA,
92104
Public Hearings
Description Date & Time Location
Joint Meeting
Planning Commission
2nd & 4th Wednesday of the Month
Housing Advisory Commission
Special Meeting
Wed, September 26, 2018 at
6 pm
Chula Vista City Hall
Council Chambers
276 Fourth Avenue
Chula Vista CA
91910
City Council
Tues, October 16, 2018 at 5
pm – First Reading
Tues, October 23, 2018 at 5
pm – Second Reading &
Adoption
Ordinance shall take effect and be
in force on the thirtieth day after its
final passage.
Chula Vista City Hall
Council Chambers
276 Fourth Avenue
Chula Vista CA
91910
2018-10-16 Agenda Packet Page 287
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 3
Noticing and Advertisement
Noticing and advertisement of the community meetings and actions before legislative bodies
included the following:
Display ad published in the Star News on Friday, September 7, 2018;
Direct mailings to 25 persons/organizations;
Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing
Federation, Southwest Civic Association and Crossroads II to their members;
Posting of the meetings through the City’s social media (e.g. Facebook);
Information on the City’s website (e.g. City Calendar and DSD Housing Division);
and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
Community/Stakeholders
Invited to all meetings and to receive all notifications/updates
Housing and Social Service Providers/Policy & Advocacy
Regional Taskforce on the
Homeless
CoC San Diego
cocsandiego@rtfhsd.org
Regional Homeless
Taskforce
Attn Megan Dunn
4699 Murphy Canyon Rd Ste
104, San Diego, Ca 92123
Megan Dunn
megan.dunn@rtfhsd.org
San Diego Housing Federation
Policy Subcommittee
Laura Nunn
laura@housingsandiego.org
San Diego Housing
Federation
Attn Laura Nunn
3939 Iowa St Suite 1
San Diego Ca 92104
Community Collaborative Margarita Holguin
Margarita.holguin@cvesd.org
Cv Community
Collaborative
Attn Margarita Holguin
540 G Street
Chula Vista Ca 91910
Alpha Project Alpha Project
Amy Gonyeau
3737 Fifth Ave, Suite 203
San Diego, Ca 92103
Interfaith Housing Foundation Matt Jumper San Diego Interfaith
Housing Foundation
Attn Matt Jumper
4330 30th St
San Diego, Ca 92104
2018-10-16 Agenda Packet Page 288
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 4
Housing and Social Service Providers/Policy & Advocacy
Community for Supportive
Housing
Amaris Sanchez
amaris.sanchez@csh.org
Community Supportive
Housing
Amaris Sanchez
328 Maple St Fl 4
San Diego, Ca 92103
South Bay Community
Services
Kathie Lembo
klembo@csbcs.org
South Bay Community
Services
Attn Kathy Lembo
430 E St
Chula Vista Ca 91901 Dina Chavez
dchavez@csbcs.org
Salvation Army Salvation Army
2320 Fifth Avenue
San Diego, Ca 92101
St. Paul’s Cheryl Wilson St. Paul’s Senior Services
Cheryl Wilson
328 Maple Street
San Diego, Ca 92103
South Bay Pioneers Tom Clavell
tom@sbpioneers.org
South Bay Pioneers
270 C St
Chula Vista, Ca 91910
MAAC Project Frank Munoz
fmunoz@maacproject.org
Arnulfo Manriquez
amanriquez@maacproject.org
Community Through Hope
Rosy Vasquez
rosyv2000@yahoo.com
rosy@communitythroughhope.org
Community Groups
Southwest Civic Association Theresa Acerro
thacerro@yahoo.com
Crossroads Peter Watry
p.watry@cox.net
ACCE Paola Martinez
pmartinez@calorganize.org
Business Groups
TAVA Luanne Hulsizer
Director@thirdavenuevillage.com
TAVA
353 Third Avenue
Chula Vista Ca 91910
Chamber of Commerce Lisa Cohen
Lisa@chulavistachamber.org
CV Chamber Of Commerce
Attn Lisa Cohen
233 Fourth Ave
Chula Vista Ca 91910
2018-10-16 Agenda Packet Page 289
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 5
Housing and Social Service Providers/Policy & Advocacy
South County EDC
South County EDC
Attn Cindy Gomper Graves
1111 Bay Blvd, Suite E
Chula Vista Ca 91911
Development Oversight
Committee
Pacific Southwest Assoc of
Realtors
George Ching
george@psar.org
PSAR
Attn Governmental Affairs
880 Canarios Court
Chula Vista Ca 91910
Rich D’Ascoli
rich@psar.org
BIA Matt Adams
matt@biasandiego.org
BIA
Attn Matthew Adams
9201 Spectrum Center
Blvd.,
Suite 110
San Diego Ca 92123
SD Apartment Association
SD Apartment Association
3702 Ruffin Rd
San Diego, Ca 92123
Environmental Health
Coalition
Environmental Health
Coalition
2727 Hoover, Suite 202
National City Ca 91950
Residential Developers
Meridian Rey Ross
RRoss@meridiandevelopment.com
Baldwin & Sons Stephen Hasse
smhaase@baldwinsons.com
Baldwin And Sons
Attn Stephen Haase
610 West Ash, Suite 1500
San Diego Ca 92101
Nick Lee
nlee@baldwinsons.com
Mora de Murguia
mdemurguia@baldwinsons.com
RHConsultinggroup Ranie Hunter
Ranie@RHConsultinggroup.com
Home Fed Curt Smith
csmith@hfc-ca.com
Steve Levenson
SLevenson@hfc-ca.com
Chelsea Investment Corp Adam Gutteridge
agutteridge@chelseainvestco.com
CIC
Attn Adam Gutteridge
6339 Paseo Del Lago
Carlsbad Ca 92011
San Diego Community
Housing Corp
Tannis Demers
tannis@ots-sdchc.org
SD Community Housing
Corp
2018-10-16 Agenda Packet Page 290
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 6
Housing and Social Service Providers/Policy & Advocacy
Ted Miyahara
ted@ots-sdchc.org;
Ted Miyahara
6160 Mission Gorge Road,
Suite 204
San Diego, Ca 92120-3411
Community Housing Works
Sue Reynolds
sreynolds@chworks.org;
Community Housing Works
Attn Sue Reynolds
2815 Camino Del Rio South
San Diego Ca 92108
Wakeland
Rebecca Louie
rlouie@wakelandhdc.com
Wakeland
Attn Rebecca Louie
1230 Columbia Street, Ste.
950
San Diego Ca 92101
Other Agencies/Jurisdictions
Chula Vista Elementary School
District
Carolyn Scholl
carolyn.scholl@cvesd.org
Cvesd
Attn Carolyn Scholl
84 East J Street
Chula Vista Ca 91910
Sweetwater Union High
School District
Molly Ravenscroft
Molly.Ravenscroft@sweetwaterschools.org
Suhsd
Planning & Construction
Dept
1130 Fifth Avenue
Chula Vista Ca 91911
SANDAG Seth Litchney
Seth.Litchney@sandag.org
City of National City Alfredoy@nationalcityca.gov;
megan.dunn@rtfhsd.org;
City Of National City
Housing & Econ Dev
Alfredo Ybarra
140 East 12th Street
National City, Ca 91950
County of San Diego HCD David Estrella
David.Estrella@sdcounty.ca.gov
County Of San Diego
David Estrella
3989 Ruffin Rd
San Diego, Ca 92123
State of California HCD Robin Huntley
Robin.Huntley@hcd.ca.gov
City of Chula Vista
DSD Upcoming & New
Developments Subscription
List
Email Distribution List – Notification of
Upcoming & New Developments
Chula Vista Housing Advisory
Commission
Ana Ruthy
anaruthy96@yahoo.com
Anna Cabral
annacabral@hotmail.com
2018-10-16 Agenda Packet Page 291
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 7
Housing and Social Service Providers/Policy & Advocacy
James Merino
jmerino@ectlc.org
Jennifer Bustamante
bustamante.jeni@gmail.com
Lillian Uly
UyLiLLian@gmail.com
Patrick MacFarland
macfarland.patrick@gmail.com
Sergio Quero
sergioquero5@gmail.com
Vicki Lisama
vlisama@usecu.org
Chula Vista Mobilehome
Advisory Commission
manueldelgado@cox.net
vlady_dmytrenko@att.net
Rebecca Louie rlouie@wakelandhdc.com
RudyG1229@cox.net
sohle@aol.com
Kenneth Smith <kentrish2@cox.net
Chula Vista Police Dept Henry Martin
HMartin@chulavistapd.org
Francis Giaime
FGiaime@chulavistapd.org
City Attorney’s Office Megan McClurg
MMcClurg@chulavistaca.gov
Development Services Dept Jose Dorado
JDorado@chulavistaca.gov
Kim Vander Bie
kvanderbie@chulavistaca.gov
2018-10-16 Agenda Packet Page 292
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 8
Summary of Comments
A total of twenty-six persons were in attendance at the two informational meetings held
on Thursday, September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am.
The following represents the comments received and responses provided at such time
and as further clarified. A copy of the comments and responses is available on the
City’s Housing Division website at www.chulavistaca.gov/housing and was emailed to
those attendees who provided email addresses.
Comments Response
Emergency Shelters
What services, such as medical
services, are required as part of an
emergency shelter?
An emergency shelter will be defined consistent with
the State’s definition (Health and Safety Code §
50801 (e)):
“Housing with minimal supportive services for
homeless persons that is limited to occupancy
of six months or less by a homeless person.
No individual or household may be denied
emergency shelter because of an inability to
pay.”
No services are required and, if provided, are
minimal in nature. Emergency shelters are typically
a structure with beds and meals provided on a short
term basis.
Single Room Occupancy Residences
Does Chula Vista have a SRO
replacement ordinance?
No, the City does not have a SRO replacement
ordinance. At this time, the single room occupancy
land use is a proposed new land use and there are
no existing residential hotels within Chula Vista.
An SRO replacement ordinance will be part of the
ongoing work program for updates to the CVMC.
Parking
2018-10-16 Agenda Packet Page 293
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 9
Comments Response
Support higher parking requirements
for larger residential dwelling units (5
bedrooms or more). However,
parking for these homes should not
be provided in the front or side yard
setbacks despite a requirement for a
minimum of 25 foot or 40 foot
driveway. The City has limited
resources (e.g. Code Enforcement)
to enforce such conditions. The front
and side yards should not be used for
parking and would like to see more
as landscaped areas.
Updates to CVMC Chapter 19.62 “Off-Street
Parking and Loading” propose a requirement for
one additional parking space for each bedroom over
four bedrooms. However, the proposed update has
been revised to eliminate language allowing the
required parking within the front or side yard setback
under certain conditions. Parking shall be provided
in conformance with the existing CVMC Chapter
19.62.
The parking ratio for SROs and
efficiency living units at one space
per unit may be too stringent as the
intended population group utilizes
public transportation.
The parking ratio of one space per unit is consistent
with other transitory uses within the CVMC (e.g.
hotels/motels and boarding/rooming houses).
Should such residential uses be comprised of
housing affordable to low income households and
located near transit, reduced parking ratios under
California Government Code Section 65915 may
apply.
Homelessness
2018-10-16 Agenda Packet Page 294
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 10
Homeless are leaving trash, junk and
debris on properties and streets that
the City should address.
The Chula Vista Homeless Outreach Team (HOT)
consists of a collaboration of City staff including the
Chula Vista Police Department (CVPD), Public
Works, and Parks and Recreation, along with
several community partners such as including San
Diego Family Health Center, McAlister Institute,
Community Through Hope, Bay View Hospital,
Scripps Hospital, South Bay Community Services,
Veterans Affairs, South Bay Pioneers, East County
Transitional Living Center, South Bay Guidance
Center, and the San Diego County Health and
Human Services Agency. This multi-disciplinary
group focuses on outreaching to the homeless
population daily. Specific emphasis is made on
Tuesdays when the group provides outreach to five
City parks: Eucalyptus, Friendship, Harborside,
Lauderbach, and Memorial. Additionally, Park
Rangers, Public Works and Code Enforcement work
towards the removal of unattended items and trash
and debris within the parks and other public areas,
as well as work with owners of identified private
properties. From January 2018 through August
2018, Park Rangers have removed 106,330 lbs. of
trash and 1,033 shopping carts from various
locations throughout the City.
Tiny Homes
Does Chula Vista have a tiny homes
ordinance?
The proposed CVMC updates do not address the
use of tiny homes as a residential structure.
The current CVMC does not prohibit tiny homes
within Chula Vista. Tiny homes would be reviewed
for its compliance with building codes related to a
recreational vehicle, mobilehome, manufactured
home, etc. and subject to all municipal codes,
regulations and other standards applicable to other
residential dwellings of the same type in the same
zone. Reference State HCD Memo 2016-01.
Comments Response
Accessory Dwelling Units
Does Chula Vista have an Accessory
Dwelling Unit ordinance in compliance
with State law?
The proposed CVMC updates do not address
Accessory Dwelling Units.
Yes, the City adopted an ordinance for Accessory
Dwelling Units and Junior Accessory Dwelling Units
in April 2018.
Group Living Arrangements
2018-10-16 Agenda Packet Page 295
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 11
Support providing housing for frail
and vulnerable population groups but
with a level of oversight and
management so as not to impact
surrounding community.
The proposed CVMC updates do not address Group
Living Arrangements.
The City may not regulate unlicensed group homes
where unrelated individuals reside if those unrelated
individuals are living as a single housekeeping or
family unit. California's Constitution contains an
express right to privacy. Over the years, the Court
has found that this right includes "the right to be left
alone in our own homes" and has explained that
"the right to choose with whom to live is
fundamental."1 Consequently, the California courts
have struck down local ordinances that attempt to
control who lives in a household—whether families
or unrelated persons, whether healthy or disabled,
whether renters or owners. Based on the privacy
clause in the State Constitution, California case law
requires cities to treat groups of related and
unrelated people identically when they function as
one household.
Group homes are seen as a business
that should not be allowed within R-1
or single family neighborhoods.
Single family homes in residential
neighborhoods are being rented to
multiple unrelated persons for high
rents.
California law explicitly protects both unlicensed
group living arrangements living as a household unit
and licensed group living arrangements serving six
or fewer residents. State law requires local
jurisdictions to consider a licensed group living
arrangement serving six or fewer residents as a
residential use of property and as a family for
purposes of any law or zoning ordinance that relates
to residential uses of property.
Other laws such as the Federal Fair Housing Act (42
U.S.C. Section 3601) and the California Fair
Employment and Housing Act provide protection for
group living arrangements, regardless of their size, if
they serve certain protected persons, such as
disabled persons. In effect, these laws prohibit
restrictive regulations on group living arrangements
serving these protected classes no matter how
many people live in the home.
It is difficult to distinguish between residents living
together in a shared environment and operating as
a household unit versus boarders who may be
individual tenants paying rent for the exclusive use
of a room and certain facilities with no interaction or
sharing of the living environment amongst others.
1 Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 Cal. App. 4th 451, 459-60 (2001)
2018-10-16 Agenda Packet Page 296
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 12
High number of residents living in a
single family home. Example of 12
persons renting out a five bedroom
home. What are the occupancy limits
for housing?
Occupancy restrictions are set by the Uniform
Housing Code (the “UHC”). The UHC establishes
the number of people who may live in a house
based on its size. Local jurisdictions cannot impose
more restrictive occupancy limits than those
established in the UHC. The UHC provides that at
least one room in a dwelling unit must have 120
square feet. Other rooms used for living must have
at least 70 square feet (except kitchens). If more
than two persons are using a room for sleeping
purposes, there must be an additional 50 square
feet for each additional person. The Code does not
distinguish between a bedroom, living room, dining
room, and kitchen. All rooms can be used for
sleeping except bathrooms, hallways, closets, and
stairwells. Using this standard, a five bedroom home
with 1,460 square feet of bedroom, living room,
dining room and family room space, can
accommodate up to 33 persons.
Can an HOA restrict the use of
homes and set occupancy limits?
Fair housing laws prohibit the discrimination in the
sale, rental, and financing of dwellings, and in other
housing-related transactions based upon disability,
familial status, source of income, race, occupancy
by low and moderate income persons, and many
other factors.
Such laws are applicable to all housing providers,
such as real estate agents, builders, contractors,
condominium associations, financial institutions,
rental/leasing agents, insurance agencies and
advertising agencies.
Therefore, State and Federal Fair Housing laws
would prevail.
Neighborhood Impacts: Residents
may abide by the rules of the group
living homes when on-site and in the
home but at times choose to go out
into the neighborhood to take part in
activities such as drug use. When
residents are evicted from the group
home, they choose to stay homeless
within the neighborhood they know,
which is a single family
neighborhood. As a result of the
impacts, these homes are high
utilizers of City resources, such as
Police and Code Enforcement.
The Chula Vista Police Department is able to
investigate criminal activity and vehicle code
violations, regardless of whether they occur in
relation to a group living arrangement or non-group
living arrangement residents/property.
Contacts to Report Issues of Concern
2018-10-16 Agenda Packet Page 297
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 13
Balance the rights of protected
classes under Fair Housing with the
rights of the community as a whole.
These are complex issues arising out of Federal and
State laws where at times one groups’ rights may be
in conflict with another.
Understanding of the complexity of
the issues and federal and state
policies and actions that affect the
ability to oversee group homes.
Looking for leadership from the City
to make in roads where possible to
address impacts. Where can change
be effected?
The City and its City Attorney’s Office, Code
Enforcement, Housing Division and Police
Department continue to discuss the impacts and
issues surrounding group living arrangements. The
City will continue to look to case law, best practices
and other resources to address impacts of such
housing on the quality of life for the greater
community.
2018-10-16 Agenda Packet Page 298
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 14
Affordable Housing
More affordable housing is needed.
Projects like those at Third & K and
Third & L St (Serrano) have been
marketed as being affordable when
they are not.
The proposed CVMC updates do not address
directly the City’s Balanced Communities affordable
housing policy. By updating the CVMC to allow for
supportive residential land uses that may provide a
housing choice for economically vulnerable
population groups, the City will be implementing
State laws aimed at facilitating such housing
choices.
The State of California has acknowledged the
housing crisis particularly for those lower income
families as demonstrated through recent legislation,
funding programs and incentives made available to
facilitate the provision of housing.
While both the Third & K and Third and L St housing
developments are not deed restricted to specifically
limit rent and occupancy to low income tenants,
such housing has relatively reasonable housing
costs for Chula Vista working families. Housing at
varying price points and product types are needed
to accommodate all economic segments of the
population.
What is the City’s requirement for
affordable housing? Needs to be 25
percent of all housing constructed
The City of Chula Vista adopted in the 1980’s, with
the annexation of the Otay Ranch properties, a
Balanced Communities policy that requires 5
percent of all newly constructed housing be
affordable to low income households and an
additional 5 percent for moderate income
households, for a total of 10 percent of such
housing affordable to low and moderate income
households.
As the City embarks on the next Housing Element
cycle covering that period from 2021 to 2028, the
City will be reviewing, and as appropriate modifying,
its housing related policies to effectively address the
existing and future housing needs of the community.
2018-10-16 Agenda Packet Page 299
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 15
Invitation
2018-10-16 Agenda Packet Page 300
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 16
2018-10-16 Agenda Packet Page 301
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 17
E-mail Invitation
2018-10-16 Agenda Packet Page 302
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 18
Star News Display Ad – 09/07/2018
2018-10-16 Agenda Packet Page 303
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 19
Presentation
2018-10-16 Agenda Packet Page 304
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 20
2018-10-16 Agenda Packet Page 305
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 21
2018-10-16 Agenda Packet Page 306
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 22
2018-10-16 Agenda Packet Page 307
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 23
2018-10-16 Agenda Packet Page 308
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 24
2018-10-16 Agenda Packet Page 309
2018 Zoning Code Amendments
Supportive Residential Land Uses
Public Participation Process
P a g e | 25
2018-10-16 Agenda Packet Page 310
P a g e | 1
October 16, 2018 File ID: 18-0405
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING
A CONTRACT FOR DEVELOPING AND IMPLEMENTING A COMMUNICATIONS OUTREACH PROGRAM TO
INFORM RESIDENTS ABOUT SCHEDULE, PROGRESS, AND MILESTONES ON MEASURE P, AND
INFRASTRUCTURE PROJECTS (RFP PO2-18/19) TO NV5, INC.; AUTHORIZING THE EXPENDITURE OF UP
TO $172,520 IN PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) AND/OR OTHER GENERAL FUNDS
FOR AN INITIAL TERM FROM OCTOBER 16, 2018 TO JUNE 30, 2021; AND, APPROVING UP TO TWO, ONE-
YEAR EXTENSIONS (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City of Chula Vista requested proposals from a qualified professional consultant/agency firms to assist
the Communications, Engineering and Public Works teams in communicating information and milestones
for Chula Vista Measure P and other infrastructure projects. The City is committed to providing timely
information on dedicated web page(s) on the City website which will include project overview, photos,
schedules, funding information, milestones, construction progress, closure information, Citizens Oversight
Committee, and other details as identified. Measure P and infrastructure information also will be promoted
in City newsletters, social media, presentations, news media, and in other publications and media outlets.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in
the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
2018-10-16 Agenda Packet Page 311
P a g e | 2
DISCUSSION
In 2016, Chula Vista voters approved Measure P – a temporary, ten-year, half-cent sales tax to fund high
priority infrastructure needs. Collection of the sales tax began April 1, 2017. The sales tax is projected to
raise $178 million. In June 2017, the City Council approved the issuance of bonds to fund approximately
$71 million in Measure P projects. The bond funds are being used for the following capital purchases,
upgrades and improvements: street repair and replacement; sports courts and fields - including upgrading
irrigation systems; parks -- including play structures, playground surfacing, barbeque grills, tables, and
benches; sidewalk repair and replacement; improvements to recreation centers, Woman’s Club and
Norman Park Senior Center; Civic Center and South libraries; corrugated metal pipe repair and
replacement; Police, Fire, and other city building repairs and upgrades including roofs, HVAC, bathroom
and flooring repairs, water, energy and lighting efficiencies; and, citywide network and
telecommunications replacement. A Citizens Oversight Committee reviews and reports on all Measure P
expenditure plans, financial reports, and audits. In addition, the City has a number of other infrastructure
projects underway including Willow Street Bridge – funded through the Federal Highway Bridge Program
and with local Transportation Development Impact Fees.
These efforts will support the Measure P communications plan which provides a framework for
communicating with and outreaching to residents, businesses, visitors, the regional public, community
leaders, elected officials and the media about the City’s infrastructure program funded with local, state and
federal tax funds.
Public, Educational, and Governmental (PEG) Funding
Funding for this project will come, in part, from the PEG access fee provided to the City as a result of the
franchise agreements with Cox Cable and AT&T. PEG funds can be used for capital purchases of facilities
and equipment that promote the publication of government information. PEG funds traditionally have been
spent on public access cable programming. However, funds also are used by local governments to provide
citizens with access to “other electronic information” about the services they provide and issues they face,
providing information to citizens of an educational nature, and providing public meeting coverage. Under
the terms of federal and state oversight of cable television franchises, funding for public access to the cable
network is available for specific purposes including installation of infrastructure supportive of Public,
Education and Government access. This infrastructure can include development of a website that provides
access to governmental services, public meeting broadcasts, public information, and opportunities for
public involvement.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
2018-10-16 Agenda Packet Page 312
P a g e | 3
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Measure P and
Infrastructure outreach program supports Operational Excellence and Connected Community goals.
CURRENT-YEAR FISCAL IMPACT
The FY 2018-19 budget will be amended to include the appropriation of up to $72,520 in PEG funds for this
project with the approval of this item. The only other cost associated with this action was staff time to
compose the agenda statement and vendor contract.
ONGOING FISCAL IMPACT
Ongoing funding forsubsequent years for this project will be allocated as part of the annual budget process.
ATTACHMENTS
1. Measure P Communication and Outreach Plan
2.Agreement - NV5, Inc.
Staff Contact: Anne Steinberger, Marketing & Communications Manager
2018-10-16 Agenda Packet Page 313
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PROPOSALS, AWARDING A
CONTRACT FOR DEVELOPING AND IMPLEMENTING A
COMMUNICATIONS OUTREACH PROGRAM TO INFORM
RESIDENTS ABOUT SCHEDULE, PROGRESS, AND
MILESTONES ON MEASURE P, AND INFRASTRUCTURE
PROJECTS (RFP PO2-18/19) TO NV5, INC.; AUTHORIZING
THE EXPENDITURE OF $172,520 IN PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL (PEG) AND/OR
OTHER GENERAL FUNDS FOR AN INITIAL TERM FROM
OCTOBER 16, 2018 TO JUNE 30, 2021; AND, APPROVING UP
TO TWO, ONE-YEAR EXTENSIONS
WHEREAS, section 2.56.110 of the Chula Vista Municipal Code authorizes the City to
contract for professional services; and
WHEREAS, the City requires consultant assistance to inform residents about schedule,
progress and milestones on Chula Vista Measure P and Infrastructure projects; and
WHEREAS, in order to procure these services, City solicited and received 11 proposals,
and selected NV5, Inc. as the most qualified amongst those submitting proposals for a qualified
consultant/firm to develop and implement an outreach program; and
WHEREAS, NV5 has the expertise and capacity to develop communications materials,
create and maintain web pages, and inform residents about Measure P and other infrastructure
projects;
WHEREAS, NV5 warrants and represents that it is experienced and staffed in a manner
such that it can deliver the services required by City in accordance with the time frames and the
terms and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the City of Chula Vista Consultant Services Agreement With NV5, Inc. To
Provide Communications Outreach Support to Inform Residents about Schedule, Progress and
Milestones on Measure P and Infrastructure Projects for an initial term to begin October 16, 2018
through June 30, 2021, in the form presented, with such minor modifications as may be required
or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk and authorizes and directs the Mayor to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it 1)
authorizes the appropriation of up to $72,520 from the Other Expenses category of the Public
Educational and Government (PEG) Fee Fund to the Supplies and Services category for FY
2018-19; and, 2) authorizes the City Manager to extend the Agreement for up to two (2)
2018-10-16 Agenda Packet Page 314
Resolution No.
Page 2
additional one (1) year terms with the total cost for this project not to exceed $275,000, with any
necessary amendments that are mutually agreeable to the parties, by providing written notice to
NV5 no fewer than sixty (60) days before the end of any one-year term.
Presented by Approved as to form by
Mary Casillas Salas Glen R. Googins
Mayor City Attorney
2018-10-16 Agenda Packet Page 315
Measure P Strategic Communication and Outreach Plan
January 2018
OVERVIEW
The Measure P Strategic Communication and Outreach Plan provides guidance and support for
communication and public outreach activities for the Chula Vista voter-approved Measure P: a
temporary, ten-year, half-cent sales tax to fund high priority infrastructure needs.
The following sections are outlined in this plan:
• Communication and Outreach Goals
• Key Messages
• Stakeholders and Target Audiences
• Outreach and Engagement Activities
• Informational Tools and Toolkit
2018-10-16 Agenda Packet Page 316
Page 2 of 9
2
This plan provides a framework for Measure P partners, project staff and project contractors in
communicating with and outreaching to City of Chula Vista (the City) residents, businesses, visitors, the
regional public, community leaders, elected officials and the media about the City’s management of
sales tax funds. The funds are designated to upgrade police, fire, paramedic and 9-1-1 equipment,
vehicles and facilities; fund streets and sidewalks; replace storm drains; improve parks; repair recreation
facilities; and repair or replace other City
infrastructure.
The goal of community outreach is to share
project information, identify community issues or
concerns that Measure P project team needs to
address during design, construction and
operations, and to regularly provide information
to communities and to the broader target
audience.
This plan also implements a two-way
communication mechanism for communities and
interested members of the public to provide input
to the City as we continue to communicate with
and serve our communities.
The strategies outlined in this plan also will help to
support City communication branding standards,
manage community expectations, and honor
commitments made by the City.
BACKGROUND
The City of Chula Vista began collecting the voter-approved Measure P sales tax on April 1, 2017. The
Council approved an initial expenditure of $3.2 million of Measure P sales tax funds for infrastructure
which were allocated to police and fire vehicles, 9-1-1 emergency communication equipment, street
paving, and sports field repairs.
The City Council also approved the Measure P Infrastructure, Facilities and Equipment Expenditure Plan.
This Plan outlines how the $178 million of projected Measure P revenues are proposed to be spent. In
September 2017, the City Council approved $71 million in bond financing to advance infrastructure
projects.
Following are the highest priority items for funding:
• Pave, maintain and repair neighborhood streets and fix potholes
• Upgrade or replace aging police, fire and 9-1-1 emergency response facilities, vehicles and
equipment
• Replace storm drains to prevent sinkholes
2018-10-16 Agenda Packet Page 317
Page 3 of 9
3
• Upgrade irrigation systems in city parks to conserve water and save energy
• Make essential repairs to libraries, Norman Park Senior Center and recreation centers
• Improve traffic signal systems
• Repair Sports Fields, basketball and tennis courts, playgrounds, and other park infrastructure
CITIZENS OVERSIGHT
The ballot measure also established a Measure P Citizens Oversight Committee (COC). The purpose of
the COC is to review and report on all Measure P proposed expenditure plans, financial reports, and
audits.
The COC is composed of 16 members. Eleven of the COC members serve as “Designated Members.”
Designated Members are nominated by local organizations and individuals such as the Chula Vista
Chamber of Commerce, Chula Vista Youth Sports Council, Chula Vista Growth Management Oversight
Commission, and the Chula Vista Police and Fire chiefs. The remaining five members are “At-Large
Members” selected from a pool of applicants who applied directly to the City. “At-Large Members”
include at least one resident from each of the four City Council districts.
The COC meetings are scheduled quarterly and are publicly noticed.
COMMUNICATION AND OUTREACH GOALS
The goals of the Measure P Communication and Outreach effort are to:
1. Inform and educate Chula Vista stakeholders on the work to upgrade police, fire, paramedic and
9-1-1 equipment, vehicles and facilities; fund streets and sidewalks; replace storm drains;
improve parks; repair recreation facilities; and repair or replace other City infrastructure.
2. Build awareness of overall plans and specific projects, as well as the quality of the work and
elements of safety as work is conducted.
3. Inform residents about construction activities and any related closures or detours in their
neighborhoods.
4. Convey key messages, clearly, accurately, coherently and consistently.
To achieve these goals, the outreach program will:
• Provide stakeholders with timely information regarding the purpose, need and benefits of the
Measure P projects and overall effort.
2018-10-16 Agenda Packet Page 318
Page 4 of 9
4
• Use a variety of outreach methods designed to communicate with residents and other
stakeholders in accordance with City Communications guidelines, style and protocol.
• Communicate effectively with project team members, departments, program partners and
other internal and external audiences to ensure targeted messaging and streamlined
communications.
• Engage local, regional and statewide agencies as needed to help amplify communications reach.
EXISTING ASSETS
1. Website: http://www.chulavistaca.gov/departments/public-works/infrastructure#ad-image-3
and http://www.chulavistaca.gov/departments/public-works/road-to-measure-p
2. FAQs: http://www.chulavistaca.gov/departments/public-works/infrastructure/faqs
3. Expenditure Plan: https://www.chulavistaca.gov/home/showdocument?id=12521
4. Searchable Streets List: http://www.chulavistaca.gov/departments/public-works/measure-
p/searchable-street-list
5. Logo, collateral materials (printed/digital)
6. Social media: #cvMeasureP
2018-10-16 Agenda Packet Page 319
Page 5 of 9
5
KEY MESSAGES
Key messages will differ depending on the audience and understanding of Measure P efforts and
programs. Tailored speaking points will be developed for community presentations and media interview
opportunities. Media speaking points should contain ideally three, but up to five key messages, including
one call to action, such as “visit our website” or “come take a tour.”
The following key messages have been developed and include purpose, need, benefits and auxiliary
speaking points that can be used for various public speaking opportunities.
Top Message Points
1. Purpose and Need: As a voter-approved ballot measure, Chula Vista’s Measure P reflects the
community’s desire to invest in its infrastructure.
2. Priorities: Measure P projects are planned based on community input that prioritized safety
(police, fire, paramedic, 9-1-1) equipment, vehicles and facilities along with streets, sidewalks,
and storm drains. Improving parks and repairing recreation facilities also are top priorities.
3. Benefits: Measure P is providing needed funding to upgrade police, fire, paramedic and 9-1-1
equipment, vehicles and facilities; fund streets and sidewalks; improve parks; repair recreation
facilities; replace storm drains; and repair or replace other city infrastructure.
4. Public Participation: The public has guided the Measure P effort by voting for its passage,
through oversight via the Citizen’s Oversight Committee, and with continued engagement.
STAKEHOLDERS AND TARGET AUDIENCES
The target audience for outreach efforts for Measure P include the Chula Vista community, who will
benefit from the resulting infrastructure investments and improvements.
Categories
Stakeholders are identified in the following categories (including but not limited to):
1. Residents
2. City Council, City Officials, staff
3. Measure P Citizens Oversight Committee
4. City Boards and Commissions
5. Homeowners Associations
6. Businesses and Corporations (small and large and business groups/organizations)
7. Business/Community/Environmental Groups/Organizations
8. Education/School Districts (elementary to college, teachers, students, parents, other groups)
9. Public Safety Groups
10. Medical and Public Health Groups and Professionals
11. Housing and Developers
12. Government/Local Agencies (water districts, etc.)
13. Media (local, state, national, international)
2018-10-16 Agenda Packet Page 320
Page 6 of 9
6
14. Other Local/Regional Elected Officials (and staff)
15. Regional Agencies and Regulatory Bodies
16. Utilities
Stakeholder List
The City distributes an electronic monthly newsletter, Community Connection, highlighting City news
which includes a Measure P update in each issue. Those interested in being added to the list can visit
www.chulavistaca.gov/MeasureP.
OUTREACH AND ENGAGEMENT ACTIVITIES
The proposed outreach strategies are designed to use cost effective methods to reach the public to
increase Measure P understanding and awareness, educate, engage, build trust and support, and
provide opportunities for public participation in Measure P activities.
See the Informational Tools and Toolkit section that follows for list of available resources that
compliment these tactics.
Publicity Materials
Visually pleasing and easy to understand educational materials and Measure P collateral pieces have
been developed and will continue to be developed to achieve the goals of this Communication and
Outreach Plan. Graphics and images further explain the funding priority items and planned/ongoing
construction activities.
Branding
A Measure P logo has been developed and City communications staff provide information on writing
style, branding guidance and logo use, following City Communications protocol. The logo will be used to
identify Measure P construction projects, as well as in other City materials (e.g., on Recreation flyers,
other City newsletters, etc.)
2018-10-16 Agenda Packet Page 321
Page 7 of 9
7
Website
The City website already serves as a centralized gateway for the public to obtain information about
Measure P. The existing pages include photos, an interactive streets list, and reports. Future items can
include email sign up and other educational information. We will track site analytics, including visits,
unique visitors, page views and the average duration on the site. The analytic information will be used to
further understand stakeholder interests.
Media Relations
Press releases will be drafted and distributed to provide accurate and timely information about
important issues and at Measure P milestones to keep media representatives current and involved.
Media alerts, photo collages, and opinion-editorials from city officials also may be developed to help
educate the public about Measure P projects.
Social Media
Social media content about Measure P is posted regularly on the City’s social media outlets (Facebook,
Twitter, etc.) using the hashtag: #cvMeasureP. The hashtag #THISisChula will be added when
appropriate. City partners and COC members are encouraged to share posts. Social media analytics will
be monitored to track stakeholder engagement and evaluate social media efforts to improve the
communication program.
Special Events, Groundbreakings and Ribbon-Cuttings
The community always appreciates opportunities to
gather and celebrate the start and completion of
infrastructure projects that make their neighborhoods
a better place to live. The Measure P team will seek
opportunities to plan everything from community
coffee meetings and special events of all sizes, to large,
visible groundbreakings and ribbon-cuttings to mark
and celebrate significant projects and milestones. A
Special Event Planning and Promotion Guide will be developed to outline needed steps for promoting
Measure P at events, on the website, in publications, and other media to promote Measure P projects
and milestones.
Collateral
Measure P collateral materials developed/planned include fact sheets, signage, construction alert
templates, equipment decals, event invites, flyers and photography. Other materials will be developed
as needed. Collateral materials will be available and promoted in print, digital, and social media.
Construction Collateral
Staff will provide templates for signage, construction alerts, and instructions for displaying signs during
Measure P construction projects. Construction alerts will be translated into Spanish.
Videos
Video can be an effective way to demonstrate the work being conducted and to demonstrate progress.
The Before/After slideshows and images have been effective and can be extended to short videos to
further engage with our constituents.
2018-10-16 Agenda Packet Page 322
Page 8 of 9
8
Public Officials Briefings
Regular briefings and/or presentations to elected officials representing the Measure P service area and
public agency leaders will be offered to keep regional, state and local officials updated on ongoing work.
Speakers Bureau
Small group presentations can be provided to interested parties, including residents, businesses,
environmental advocates, recreation enthusiasts, elected officials and all other groups and individuals
that are served. Speakers will include as appropriate/requested COC members, City staff and other
representatives with updated information on Measure P.
Ambassador Program
Community members and project champions can be identified to build a Measure P Ambassadors
Program. These volunteers must participate in an official educational training so they are able to
accurately talk about the program, deliver key message points and be able to articulate the program
purpose and need to neighbors, community groups and the public. This effort can be especially
effective for select neighborhoods where long-term or complex infrastructure improvement projects
will be taking place.
Industry Outreach
We will identify opportunities to highlight the Measure P program in the infrastructure, sustainability
and municipal trade industry through trade media, speaking opportunities, potential sponsorships and
tours. This effort enables us to help further infrastructure and community improvement best practices
for the overall municipal community and communicate the work that Measure P program partners are
doing to deliver on their promise to the Chula Vista community.
Interested Partners
Program partners, other cities and/or municipalities, local, regional, state and federal agencies that are
committed to the Measure P program and projects will be provided access to a communication tool kit
to assist in outreach of this program to their unique audience. These additional agencies may include
the state and federal agencies, state and federal representatives, economic chambers and business
groups, as well as environmental, water resource, infrastructure, health and safety, educational and
advocacy groups.
The Measure P communication team will provide strategic counsel so key messages are consistent and
united, and assistance with two-way information flow, material development, audience engagement,
answering questions and encouragement to share program messages.
Tours
Tours will be offered for significant projects, like the new Fire Station(s). These tours will be open to
members of the public during a set timeframe to help build knowledge and understanding.
Tours can consist of a video, supplemental presentation, Q&A, tour of the new facility, photo
opportunities, feedback cards and small mementos.
2018-10-16 Agenda Packet Page 323
Page 9 of 9
9
INFORMATIONAL TOOLS AND TOOLKIT
A toolkit will be prepared to assist committed Measure P parties to communicate with their
stakeholders/targeted audiences.
Recommended outreach efforts for all Measure P partners include:
• Article in agency newsletter providing a Measure P introduction and encourage visits to program
website.
• Social media posts to drive customers to Measure P website to learn about the program.
• Schedule and visit community groups to provide Measure P briefings. City staff can help support
briefings and answer questions, if desired.
• Distribute press releases providing Measure P information to local newspapers and newsletters
as appropriate.
• Bill insert in water or trash bills (if applicable) to provide a Measure P introduction and
encourage program website visit.
This Communication and Outreach Plan will be reviewed and updated annually.
2018-10-16 Agenda Packet Page 324
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH NV5, INC.
TO PROVIDE COMMUNICATIONS OUTREACH SUPPORT TO INFORM RESIDENTS ABOUT
SCHEDULE, PROGRESS AND MILESTONES ON CHULA VISTA MEASURE P AND
INFRASTRUCTURE PROJECTS
This Agreement is entered into effective as of September 18, 2018 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and NV5, INC., (“Consultant”) (collectively, the
“Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City requires consultant assistance to inform residents about schedule, progress and
milestones on Chula Vista Measure P and Infrastructure projects; and
WHEREAS, in order to procure these services, City solicited and received 11 proposals, and selected
NV5, Inc. as the most qualified amongst those submitting proposals for a qualified consultant/firm to develop and
implement an outreach program1; and
WHEREAS NV5has the expertise and capacity to develop communications materials, create and maintain
web pages, and inform residents about Measure P and other infrastructure projects;
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
2018-10-16 Agenda Packet Page 325
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the highest standard of care exercised by members of the
profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
2018-10-16 Agenda Packet Page 326
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amountwithin thirty (30) days. Payment shall be made in accordance withthe terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%)of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
2018-10-16 Agenda Packet Page 327
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
2018-10-16 Agenda Packet Page 328
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
“will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
“Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses,
(including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of such
performance, or this Agreement. This indemnity provision does not include any claims, damages, liability,
costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also
covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
2018-10-16 Agenda Packet Page 329
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5.FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
2018-10-16 Agenda Packet Page 330
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
2018-10-16 Agenda Packet Page 331
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
2018-10-16 Agenda Packet Page 332
?City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
(End of page. Next page is signature page.)
2018-10-16 Agenda Packet Page 333
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
NV5, INC.CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CARMEN C. KASNER, PE MARY CASILLAS SALAS
REGIONAL CHIEF EXECUTIVE MAYOR
ATTEST2
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Glen R. Googins
City Attorney
2 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation
signature block.
2018-10-16 Agenda Packet Page 334
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE
OPTIONS, SELECT THE CORRECT OPTION. IF YOU WISH TO ATTACH ADDITIONAL INFORMATION
RELATED TO EXHIBIT A, PLEASE ATTACH AND LABEL AS EXHIBIT A, ATTACHMENT (1,2, ETC.)
DELETE OPTIONS NOT SELECTED AND ALL INSTRUCTIONS..
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Anne Steinberger
276 Fourth Ave., Chula Vista, CA 91910
619-409-5446
asteinberger@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
NV5, INC.
Rebecca Cole
15092 Avenue of Science, Suite 200 San Diego, CA 92128
Enter Phone Number
Enter Email Address
For Legal Notice Copy to:
Same as above
2. Required Services
A. General Description:
Consultant will develop and implement a communications outreach program for Measure P and Infrastructure
projects via web site, social media and other communications platforms.
B. Detailed Description:
.
Task Description Deliverables Completion Date
1 Develop and implement plan for
outreach on Measure P and
Infrastructure projects
Draft/Final Plan October 22, 2018
2018-10-16 Agenda Packet Page 335
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
2 Create, Maintain and Update
Measure P and Infrastructure Web
pages
Draft/Final Web Pages
Regular Updates
Initial Pages – October 31,
2018
Updates ongoing
3 Attend Monthly Meetings Monthly Communications
Updates
Ongoing
4 Provide copy for social media,
newsletters, calendars, fact sheets,
and other communications collateral
Spreadsheet and/or Word
documents
Ongoing
5 Coordinate photography/video as
needed to support communications
program
Photos/video As needed
6 Other Communications Coordination
to support Measure P and
Infrastructure Communications
Outreach including but not limited to:
develop recommendations for other
City communications efforts; assist
with events including community
meetings, outreach events, etc.; and
create and implement other approved
marketing/advertising/communications
projects as requested and as funding
allows.
TBD As needed
3. Term:In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September
18, 2018 and end on June 30, 2021 for completion of all Required Services.
4. Compensation: SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY OPTION
THAT IS NOT APPLICABLE, AS WELL AS THESE INSTRUCTIONS
A. Form of Compensation
⾙ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Staff Hourly Rate
Rebecca Cole $165
Rachel Kulis $125
Teresa Leader-Anderson $115
Hilary Brinegar $110
Lawrence McGuire $110
Susan Duffet $75
Admin Support $75
B. Reimbursement of Costs
2018-10-16 Agenda Packet Page 336
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
⾙ Invoiced or agreed-upon amounts as follows:
Mileage IRS rate per mile
Other Direct Costs TBD – City to approve costs for Photography/Maps/Images/Printing, etc. as needed
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2021 shall not exceed $169,975. If the City exercises all additional options to extend the Agreement,
the total amount to be paid to Consultant for services provided during the initial and optional extension periods
shall not exceed $275,000.
5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL
INSTRUCTIONS.
☐Permitted Sub-Consultants:
☐Security for Performance:
⾙ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for two (2) additional terms, defined as a one-year increment or options may be exercised through June 30, 2023.
The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the
City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained
herein, provided that the amounts specified in Section 4 above may be increased by up to San Diego Area
Consumer Price Index or not more than five percent for each extension. The City shall give written notice to
Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend
document.
2018-10-16 Agenda Packet Page 337
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
⾙ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
⾙ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
⾙ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
⾙ Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
2018-10-16 Agenda Packet Page 338
??City of Chula Vista Agreement No.: 18082
Consultant Name: NV5, INC.Rev. 10/24/17
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act3 and the Chula Vista Conflict of Interest Code4 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.5
⾙ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED
6 from disclosure.
☐B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract –If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es)☐A. Full Disclosure
☐B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐1. ☐2. ☐3. ☐4. ☐5. ☐6. ☐7.
Justification:
☐C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Anne Steinberger
3 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
4 Chula Vista Municipal Code §§2.02.010-2.02.040.
5 Cal. Gov. Code §§53234, et seq.
6 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
2018-10-16 Agenda Packet Page 339