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HomeMy WebLinkAboutPlanning Comm Rpts./2002/05/08 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m Wednesday, May 8, 2002 Council Chambers 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALUMOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCS 02-08; Consideration of a Tentative Subdivision Map known as San Miguel Ranch Lot 5, Chula Vista Tract 02-08. Applicant: Pardee Construction Company. Project Manager: Rich Zumwalt, Associate Planner 2. PUBLIC HEARING: Continued Public Hearing - PCC 02-13; Conditional Use Permit to permit an existing second dwelling unit as an accessory second dwelling unit behind the primary single-family residence, at 736 Church Avenue. Applicant: Daniel Contreras Project Manager: John Schmitz, Principal Planner 3. PUBLIC HEARING: Consideration of a series of amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 Planning Period. Project Manager: Leilani Hines. Community Development Specialist 4. PUBLIC HEARING: PCM 02-14; Consideration of amendments to the Eastlake III Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, to incorporate Section 11.8 Water Conservation Plan into each of the Sectional Planning Area (SPA) Plans. Project Manager: Mary Venables, Associate Planner 5. PUBLIC HEARING: PCC 02-39; Conditional Use Pemit for Nextel Communications to construct an unmanned cellular communications facility at 2800 Olympic Parkway. Project Manager: Lynette Tessitore-Lopez, Associate Planner Planning Commission - 2- May 8, 2002 6. PUBLIC HEARING: PCC 02-23; Conditional Use Permit to allow an existing 423 sf unit to remain as an accessory second dwelling unit behind an existing single-family home at 158 First Avenue in compliance with State Government Code Sections 65852.2(b)(1 )(A) - (I) for cities without adopted accessory second unit ordinances. Project Manager: Lynette Tessitore-Lopez, Associate Planner 7. PUBLIC HEARING: ZAV 02-06; Appeal of the Zoning Administrator's decision of January 23, 2002 to deny a request to exceed the maximum floor area ratio and to encroach into the required rear and side yard setbacks of the R2T Zone. Applicant: Conrado Cabal bag Project Manager: Lynette Tessitore-Lopez, Associate Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or T elecommun ications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. ~\f? --- ~~ ~~ CITY OF CHUIA VISTA Depart:lnent of Planning and Building Date: To: From: Subject: Cc: May 3, 2002 Planning Commission Richard Zumwalt, Associate Planner, Community Planning Division ~ Transmittal of Revised Draft City Council Resolution For 5/8/02 Agenda Item #1, PCS 02-08, San Miguel Ranch Lot 5 Tentative Map (Pardee Homes). Attached is the revised Draft City Council Resolution for the above project. Please replace previous Draft City Council Resolution included as Attachment 2 of your 4/24/02 Planning Commission Agenda Statement. Please note that the 4/24/02 Agenda Statement has not been revised and is stil1 applicable. The conditions of approval have been reviewed and approved by staff and the Developer, Pardee Homes. I can be reached at (619) 691-5255 if you have any questions. Jim Sandoval, Assistant Director, Planning and Building Luis Hernandez, Principal Planner, Planning and Building DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SAN MIGUEL RANCH LOT 5, CHULA VISTA TRACT 02-08. 1. RECIT ALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A , attached hereto and incorporated herein by this reference, and commonly known as the San Miguel Ranch Lot 5 Tentative Subdivision Map, Chula Vista Tract 02-08; and for the purpose of general description herein consists of 22.3 gross acres located northwest of the future intersection of Proctor Valley Road and Mount Miguel Road, in the San Miguel Ranch Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on January 23, 2002, Pardee Construction Company ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for San Miguel Ranch Lot 5, Chula Vista Tract 02-08 in order to subdivide the Project Site into one-hundred seven (107) single-family residential lots; and 14 open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: I) a General Plan Amendment ("GP A") 96- 01 and San Miguel Ranch Amended Horseshoe Bend General Development Plan ("GDP") PCM 96-05 previously approved by City Council Resolution No. 18532 on December 17, 1996; 2) the San Miguel Ranch Sectional Planning Area Plan ("SPA") PCM 96-04 previously approved by City Council Resolution 19631 on October 19, 1999; 2) SanMiguel Ranch Planned Community District Regulations; 3) San Miguel Ranch Design Guidelines; 4) San Miguel Ranch Public Facilities Financing Plan; 5) San Miguel Ranch Affordable Housing Program; 6) Air Quality Improvement Plan (AQIP); 7) San Miguel Ranch Water Conservation Plan (WCP); and all previously approved by City Council Resolution No.19631, and Ordinance 2799 on October 19,1999; and the San Miguel Ranch (Master) Tentative Map CVT 99-04, approved by City Council Resolution 2000-068 on February 29, 2000; and San Miguel Ranch A-Map No. I Supplemental Subdivision Improvement Agreement approved by Council 8/7/01, per Resolution 2001-259; and WHEREAS, the City Council, in the environmental review of said SPA Plan and Tentative Subdivision Map, and related documents, relied on the Final Subsequent Resolution No. Page 2 of 16 Environmental Impact Report for San Miguel Ranch No. FSEIR-97-02 (Third Tier EIR), previously approved by City Council Resolution No.19630; and, WHEREAS, the Tentative Subdivision Map is a subsequent activity in the program of development, environmentally evaluated under FSEIR 97-02, that is virtually identical in all relevant respects including lot size and configuration, number oflots and dwel1ing units, roadway facilities, to the Project descriptions in said former environmental evaluation; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 8, 2002, and, after hearing staff presentation and public testimony, voted ( ) to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on May 28, 2002 on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, WHEREAS, the city clerk set the time and place for a hearing on said tentative subdivision map application 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 owners within 500 ft. ofthe exterior boundary ofthe Project at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m on. May 28, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and a1l evidence introduced before the Planning Commission at their public hearing on the Project held on April 24, 2002, and the minutes and resolutions resulting therefTom, are hereby incorporated into the record of this proceeding. Resolution No. Page 30f16 III. CERTIFICATION OF COMPLIANCE WITH CEQA On October 19, 1999, the City Council of the City of Chula Vista previously reviewed, analyzed, considered, and certified FSEIR-97-02 (Final Subsequent Environmental Impact Report for San Miguel Ranch SPA). IV. CEQA FINDINGS REGARDING PROJECT WITHIN SCOPE OF PRIOR SUBSEQUENT EIR The City Council hereby finds that (I) the Environmental Review Coordinator has reviewed the Tentative Map and determined pursuant to Section 15162 of the CEQA Guidelines that the Project is in substantial conformance with the Project analyzed in FSEIR 97-02 and related environmental documents; and (2) The Tentative Map will not result in any new environmental effects that were not previously identified, nor would the Project result in a substantial increase in severity in any impacts previously identified; and (3) No further environmental analysis is required. V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice to the extent required by law, that this Project was fully described and analyzed and was within the scope of FSElR 97-02 which adequately described the activity for the purposes of CEQA. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for San Miguel Ranch, Lot 5, Chula Vista Tract No. 02-08 is in conformance with the goals, objectives, policies, programs and land uses described in the elements of the City's General Plan, based on the following: a. Land Use The San Miguel Ranch Amended Horseshoe Bend GDP identifies the Project Site as Low-Medium Residential (3-6 du/acre). The San Miguel Ranch Sectional Planning Area (SPA) plan identifies the Project site as Planning Area D with a development potential of 116 single-family dwelling units at a density of 5.2 dwelling units per acre. The proposed tentative map requests 107 single-family dwelling units at a density of 4.8 dwelling units per acre. Thus, the Project in substantial compliance with the land use and permitted density of the San Miguel Ranch Amended Horseshoe Bend GDP and San Miguel Ranch SPA. The Project proposes single-family development on a site which is adjacent to single-family residential development on the west, east and south and multi-family development on the north, and therefore the Resolution No. Page 4 of 16 Project is compatible with the adjacent land uses in the surrounding area. The Project also has obtained approval of a site plan which established property development standards, architectural and landscaping design standards for the Project. Thus, the design of the Project, as conditioned, complements with the land uses in the surrounding area. b. Circulation A1l on-site and off-site public streets required to serve the subdivision win be constructed per City design standards in accordance with this Project, the San Miguel Ranch Master Tentative Map and San Miguel Ranch Public Facilities Financing Plan. c. Housing The San Miguel Ranch Master Planned Community offers a variety of residential uses ranging from Low Density Residential (1-3 du/acre) to Medium-High Density Residential (11-18 du/acre). The Project site is proposed to be developed with Low-Medium Density single family residential uses at 4.8 dwelling units per acre. As a portion of the San Miguel Ranch Planned Community, this Project is subject to the San Miguel Ranch Affordable Housing Agreement approved on 8/7/01 which implements the San Miguel Ranch Affordable Housing Program. This Program contains requirements for provision of affordable housing by the Master Developer for low and moderate income households. d. Conservation The Final Subsequent Environmental Impact Report FSEIR 97-02 addressed the goals and policies of the Conservation Element and found the development of the site to be consistent with the goals and policies of the Conservation Element. e. Parks and Recreation, Open Space The San Miguel Ranch Master Tentative Subdivision Map CVT 99-04, approved 2/29/00, provides a community park, private neighborhood park, private useable open space as well as biological preserves, and regional as wen as community equestrian and pedestrian trails consistent with the General Plan, San Miguel Ranch Amended Horseshoe Bend General Development Plan and San Miguel Ranch SPA goals and objectives. This Project implements park and recreation requirements ofthe San Miguel Ranch SPA by reserving an open space lot at the intersection of Proctor Resolution No. Page 5 of 16 Valley Road and Mount Miguel Road for provision of a future primary Project entry and pedestrian trail connection. f. Seismic Safety A geo-technical study has been prepared, and conditions of approval have been included which ensure that the proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan. g. Safetv The Fire and Police Department have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal as conditioned will provide necessary improvements such as access roads, street names and addresses, sprinkler systems, and fire hydrants. h. Noise Noise mitigation measures included in the Final Subsequent Environmental Impact Report FSEIR-97-02 and conditions of approval contained herein adequately address the noise policies of the General Plan. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 1. Scenic Highway This Project Site is not located adjacent to a designated scenic highway. J. Bicycle Routes The San Miguel Ranch Master Tentative Map CVT 99-04 contains provisions for establishing bicycle lanes on the adjacent residential collector streets and Mount Miguel Road. In addition, the public streets within the Project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the Project Site. The Project is subject to Residential Construction Tax fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs ofthe region and has balanced those needs against the public service needs of the residents ofthe City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as Resolution No. Page 6 of 16 required by Goverrunent Code Section 66473.1. D. The site is physical1y suitable for the proposed type and density of residential development because the site is graded and level, and all public services and facilities will be provided to serve the Project, prior to or concurrent with development ofthe Project. The Project design is consistent with the requirements ofthe General Plan Land Use Element, the Proj ect' s approved GDP and SPA, and the proposal conforms to all standards established by the City for such Projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL Should conflicting wording or standards occur within these conditions of approval, any conflict shall be resolved by the City Manager or designee. The approval of the foregoing Tentative Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the San Miguel Ranch Lot 5 Tentative Subdivision Map, Chula Vista Tract No. 02-08, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shal1 diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for San Miguel Ranch (FSEIR 97-02). Any such measures pertaining to the project, not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shaH be monitored via the Mitigation Monitoring Program approved in conjunction with the above FSEIR. Modification of the sequence of mitigation shall be at the discretion ofthe Director of Planning and Building should changes in the circumstances warrant such reVISIon. Resolution No. Page 7 of 16 C. Implement Previously Adopted Conditions of Approval Pertinent to Project Unless otherwise conditioned, developer shall comply with all applicable conditions of approval of the San Miguel Ranch Master Tentative Map, Chula Vista Tract 99-04, established by Resolution No. 2000-068 and approved by Council on February 29,2000, as such pertain to the project, and shall remain in compliance with and implement the terms, conditions and provisions ofthe Amended Horseshoe Bend General Development Plan, San Miguel Ranch Sectional Planning Area (SPA) plan. D. Implement Public Facilities Financing Plan Developer shall install Public facilities, as such pertain to the project, in accordance with the San Miguel Ranch Public Facilities Financing Plan, as may be amended from time to time, or as required by the City Engineer to meet the Growth Management threshold standards adopted by the City ofChula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. E. Design Approval The Developer shall develop the Project in accordance with the applicable San Miguel Ranch Planned Community District Regulations and Design Guidelines, and the project shall be submitted for review and approval under the City's Design Review process prior to submittal of the first building permit applications. VIII SPECIAL CONDITIONS OF APPROVAL I. Unless otherwise specified or required by law: (a) the conditions set forth below shall be completed prior to the first final map for the Project as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Developer shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. GRADING AND DRAINAGE 2. Developer shall comply with the fol1owing: (a.) The development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as ~...,-_..- _.,._._----_._'---'..~._...,-_.__._-_._,------_._~,-_.~--.- Resolution No. Page 8 of 16 set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements; (b.) File a Notice ofIntent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; (c.)The SWPPP shall include both construction and post construction pol1ution prevention and pollution control measures and shall identity funding mechanisms for post construction control measures; (d.) Comply with al1 the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units; (e.) Design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; (f.) Acknowledge that the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; (g.) Comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable; (h.)Detail water quality treatment improvements to the satisfaction of the City Engineer on the grading plans for the Project. (Engineering) 3. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Developer shal1 enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: Resolution No. Page 90f16 a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-0]) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnity, and hold harmless the City, its elected and appointed officers and employees, ITom and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority Projects or phases of priority Projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. {Engineering} WATER 4. Do not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be al10wed subject to the review and approval of the City Engineer if the following is accomplished: a. The Developer enters into an agreement with the City where the developer agrees to the fol1owing: i.) Apply for an encroachment permit for installation of the private Resolution No. Page 100fl6 facilities within the public right-of-way; and, ii) Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii) Mark out any private facilities owned by the developer whenever work is performed in the area; and, iv) The terms ofthis agreement shaH be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 5. Developer shaH comply with aH requirements, as such pertain to the project, of the San Miguel Ranch Water Conservation Plan approved on October 19, 1999, and any subsequent amendments approved by the City Council. (Planning and Building, Engineering, Building and Park Construction) 6. Prior to approval of each Final Map, present verification to the City Engineer in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. SEWER 7. Developer shaH eliminate manhole #15 as shown on the Tentative Map and provide a vertical curve for the proposed sewer line between lots 36 and 37, and shaH instaH a new manhole in Proctor VaHey Road such that the sewer line from Calle Fernando does not require a horizontal curve, aH to the satisfaction of the City Engineer. OPEN SP ACE/ASSESSMENTS 8. Prior to approval of the first Final Map for the Project, Developer shaH enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees: a. Concurrent with the submittal of Grading Plans, the applicant shal1 prepare and submit to the City Engineer and Director o[Planning and Building, Landscape Master Plan and Landscape Erosion Control Plans for the Project. Developer shaH obtain approval of aH such plans prior to the issuance of initial grading permits for the Project. Such approval shaH be indicated by means of the Director of Building and Park Construction signature and date on said Plan. AH plans shaH be prepared in accordance with the Chula Vista Landscape Manual and Section V -15 ofthe San Miguel Ranch SPA Design Guidelines. Resolution No. Page 11 of 16 b. A comprehensive wal1 plan indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building prior to issuance of the initial grading permit. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required noise wal1s, adjacent grading, landscaping, road/trail/sidewalk improvements, and the location of typical residential structures. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Any combination ftee standing/retaining walls shall not exceed 9.0 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for al1 "combination walls" which include retaining and free standing walls, as part of said wall plan. c. The noise wa1ls required by the San Miguel Ranch FSEIR shall be included on the rough grading plan, and installed to the satisfaction of the Director of Planning and Building, in conjunction with rough grading for the Project. All dwelling units shall be designed to preclude interior noise levels over 45 dBA and exterior noise levels over 65 dBA for all outside private yard areas. (Planning & Building, Building & Park Construction) 9. Prior to the City acceptance of public improvements for any portion ofthe Project, Developer shall instal1 or cause to be instal1ed, the landscape planting and irrigation, and neighborhood wall and fencing improvements for Open Space Lots (letter lots within the Tentative Map) within the Project, to the satisfaction of the Director of Park and Building Construction and Director of Planning and Building. (Building and Park Construction, Planning and Building, Engineering, Public Works) AGREEMENTS/FINANCIAL 10. Developer acknowledges and agrees that approval ofthe Final Map and issuance of any building permits for this Project are contingent upon satisfaction of all applicable conditions ofthe San Miguel Ranch Master Tentative Map CVT 99-04, and the San Miguel Ranch Phase I, II, and IV Final Map Supplemental Subdivision Improvement Agreement approved by City Council Resolution 2001-259 on 8/7/01. (Building and Park Construction, Planning and Building) II. Prior to approval of the first final map for the Project, Developer shall enter into an agreement with the City ofChula Vista, wherein Developer acknowledges and agrees that issuance of building permits and approval of a final map for this Project is contingent upon satisfaction of al1 applicable requirements of the San Miguel Ranch Affordable Housing Agreement (approved by City Council on 8/7/01 by City Resolution No. Page 12 of 16 Council Resolution 2001-258) by the Master Developer NNP -Trimark Pacific Homes. (Community Development, Planning and Building). 12. Prior to approval ofthe first final map for the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that pursuant to the San Miguel Ranch Project's Master Tentative Map, Chula Vista Tract 99-04 approved February 29, 2000 and amended December 17, 200 I, the San Miguel Ranch Master Planned Community Project is limited to construction within the areas east ofSR-125 only (Phase areas I, II and/or IV as set forth in the adopted San Miguel Ranch SPA Plan and Public Facilities Financing Plan.) of not more than 892 EDUs prior to the construction of SR-125. The EDU's shall be calculated per the methodology stated in the "East H Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999. This Project site is a portion of Phase I of the San Miguel Ranch Project. (Engineering) 13. If phasing is proposed within an individual map, or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of the first final map. The phasing plan shal1 include: a. A plan showing the phase lines and phase numbers and number of dwelling units required in each phase; b. A table showing the phase number and number of dwelling units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shal1 be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation, and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). 14. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the Project if anyone ofthe fol1owing occur: 1. Regional development threshold limits set by a Chula Vista Resolution No. Page 13 ofl6 transportation phasing plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended tTom time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities sha11 include, but not be limited to, air quality, drainage, sewer and water. 111. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any ofthe phases of development identified in the Public Facilities Financing Plan (PFFP) for the San Miguel Ranch SPA if the required public facilities, as identified in the PFFP have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fu11y cooperates in the defense. c. Permit a11 cable television companies tTanchised by the City ofChula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City ofChula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City ofChula Vista, the condition of such grant being that: Resolution No. Page l40fl6 i. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with al1 other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any ofthe terms ofthe Tentative Map Conditions or any Supplemental Agreement. The City shal1 provide the Developer of notice of such determination and al10w the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering) MISCELLANEOUS 15. The Developer shal1 create a Homeowner's Association, or annex the Project site to the San Miguel Ranch Master Homeowner's Association ("MHOA"), to own and maintain in a professional manner landscaping, open space areas, medians, parkways, or any other common improvement specified in the Declaration of Covenants, Conditions and Restrictions (CC&R's) and/or required by the City ofChula Vista (Building and Park Construction, Planning and Building). 16. The Developer shal1 comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer shal1 provide the fol1owing items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: Resolution No. Page 15 of 16 a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. c. Street signs instal1ed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval ofthe Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire. Planning, Engineering) 17. Prior to approval of the first final map, the Developer shal1 obtain Zoning Administrator Design Review approval, including mitigation measures related to site improvements for the development of the project. The following minimum lot dimensions and lot areas are established by this condition for the Project. The minimum lot design standards for the subdivision are as follows: i) Minimum lot width is 47 feet; ii) Minimum lot depth is 83 feet; iii) Minimum lot frontage on cul-de-sacs and knuckles is 35 feet. iv) Minimum lot area is 4,000 square feet. v) Minimum level pad area is 4,000 square feet. IX. CONSEQUENCE OF F AlLURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval ofthis Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of Resolution No. Page 16 of 16 competent jurisdiction top be invalid, i11egal or unenforceable, this resolution shal1 be deemed to be automatical1y revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney J :\planning\PCS-0208.CCR .,. 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PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 5/8/02 ITEM TITLE: Continued Public Hearing Conditional Use Permit PCC-02-13, proposal to permit an existing detached structure behind the single-family residence at 736 Church Avenue to be converted to an accessory second dwel1ing unit, including adding 498-square-feet to the existing structure, for a total of906- square-feet of living space, in compliance with State Government Code Sections 65852.2(b)(I)(A)-(I) for cities without adopted accessory second unit ordinances. Applicant: Daniel Contreras The property owner proposes to add 498 square-feet to an existing 812 square-foot structure that was original1y a detached garage and workshop. The resulting 1,310 square-foot building would consist of a 404 square-foot garage, and a 906 square-foot accessory second unit consisting of a living room, kitchen, ful1 bath, and two bedrooms. The unit would be in compliance with the applicable provisions ofthe State Government Code. The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical exemption from environmental review (CEQA Section 15303 (a) new construction and location of limited numbers of new, smal1 facilities or structures). RECOMMENDATION: That the Planning Commission adopt the attached ResolutionPCC -02- 13, based on the findings and including the conditions contained therein for an accessory second dwel1ing unit, per State Government Code Sections 65852.2(b)(1 )(A)-(I), for cities without adopted accessory second unit ordinances. DISCUSSION: At the previous public hearing on this matter, the Planning Commission requested additional information about the history ofthe subject property, and the status of the existing detached structure in terms of setbacks. There was also some question as to whether the proposed addition would result in a structure that was not in keeping with the surrounding neighborhood or the limitations of the State Government Code regulations pertaining to accessory units. This report wil1 address these Issues. Building Permit and Code Enforcement Historv There is no building permit on file at the City for the original house; however, the County Assessor records indicate that the house and detached garage were built in 1949. In June 1996, a building permit was obtained to add a workshop and bathroom to the garage. This permit never received a final inspection by the City and it expired. The fol1owing February, Code Enforcement sent a notice Page 2, Item: Meeting Date: 5/8/02 to the property owner (Alice Mayer) to correct the illegal unit in the garage. In April 1997, an electrical permit was obtained to upgrade service. In March 1998, another code violation notice was sent to the property owner (Carlos Gamboa) concerning the illegal unit. At the end of the month, a building permit was obtained, apparently to complete the workshop and bathroom that were applied for in ] 996. This permit did receive a final inspection indicating that, as of 1998, the City was satisfied that the detached building was only useable as a workshop and garage. In June 200 I, Code Enforcement sent the current owner, Mr. Contreras, a violation notice concerrllng the illegal unit at the rear of the property. In August a second notice was sent giving a September 12 deadline for compliance. In February of this year Code Enforcement issued an administrative citation to Mr. Contreras due to lack of compliance. Conformance to Setbacks Zoning Code Section 19.58.020.B.I (Uses) allows single story detached accessory buildings to encroach into side or rear yard setbacks". . . if located in the rear 3 0 percent of the lot, or back of the front 70 feet of the lot." Conversely, Section 19.24.100 (R-I Zone) specifies"... no dwe11ing unit may be constructed closer than three feet to any side property line..." The site plan for the existing garage/workshop building indicates a five-foot setback from the side property line, and eight feet from the rear lot line. Although the applicant initially proposed an addition to the existing garage structure that maintained the eight-foot rear setback, staff required that the addition be shifted away from the rear lot line to satisfY Section 19.24.120 that requires single story structures not occupy more than 3 0 percent of a rear yard area. Size Considerations Until a local ordinance is adopted, the City must continue to process requests for accessory units under the guidance of Government Code Sections 658522(b)(I)(A)-(I). Among the standards specified by the state law is a requirement that the total area of a detached accessory second unit may not exceed 1,200 square feet. The proposal is to add 498-square-feet to the existing building resulting in a 1,3] 0 square-foot structure, but only a 906 square-foot dwelling unit. The proposal is therefore in compliance with state guidelines for cities without adopted accessory second unit ordinances. Immediately prior to the last hearing, staff received a letter signed by several neighbors who are opposed to the proposed unit. Their opposition centers on the potential impacts of this and other potential accessory units on their RI zoned neighborhood, a complaint heard often when dealing with these state mandated housing units. There is also concern with parking associated with the proposed unit given some existing problems in the area. A neighborhood spokesperson, Mrs. Pandra Boyle, has spoken to staff about their concerns. It is likely that she will again address the Comrrllssion about the appropriateness of this unit in this area. While their concerns are understandable, the City is obligated to evaluate the request based upon the state criteria that is designed to encourage this type of housing as a means of addressing the shortage of affordable housing in California. Page 3, Item: Meeting Date: 5/8/02 ANALYSIS: The fol1owing analysis was included in the previous report on this proposed accessory second unit. The unit appears to meet the state's criteria, as outlined below: (A) The unit is not intended for sale. Sel1ing it apart form the primary residence on the lot would require subdivision, and the underlying zone for this parcel would not al10w that. (B) The proposed accessory second unit is in a R-I Single Family Residence Zone. (C) The proposed 906-square-foot single-family dwel1ing unit would be constructed on a lot where there is an existing single-family dwel1ing. (D) The proposed accessory second unit will be detached and on the same lot (E) N/ A (Proposal is for a detached accessory second unit) (F) The total area of the detached accessory second unit will be 906-square-feet The proposed 404-square-foot garage is not calculated as part of the unit. (G) Site plan and architectural review for the proposed detached accessory second dwe11ing unit has been provided by staff and shall be approved by the Planning Commission as part of the Conditional Use Permit The unit wil1 comply with all of the required RI development standards, as outlined in the table below: DEVELOPMENT STANDARD Height Lot Coverage Sethacks: Fron! 15 fee! 26 fee! Rear 20 feet 22 fee( Sides 10 fee! and 3 leet 5 feet and 4 feet' Floor Area Ratio (FAR) 45% (2.988 sq. n.) 33'Yo (2,214 sq. ft.) Parking One space Two garage spaces/one open *Does not meet required setback. However, Section 19.58.020 B.1. states that "a one-story building may disregard any rear or side yard requirements ifloeated in the rear 30 percent ofthc lot, or back ufthe front 70 feet of the lot." ALLOWED/REQUIRED 28 feet (2.5 stories) 40% PROPOSED 13 tect 33% (H) Fees, and other charges shal1 be paid in association with the required building permit, to be applied for and reviewed in conformance with local building codes upon approval of this Conditional Use Permit; (I) Sewer service will be provided by the City ofChula Vista (not a private system), which means there is no requirement for local health official approval. Page 4, Item: _ Meeting Date: 5/8/02 CONCLUSION: Staff recommends approval of the proposed Conditional Use Permit to allow the conversion of an existing structure into an accessory second unit behind the single-family residence at 736 Church Avenue, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-13. Attachments 1. Locator Map 2 Draft Resolution PCC-02-02 3. Letter of opposition from residents dated March 21, 2002 4. Site Plan dated Feb. 28,2002 5. Agenda Statement from March 27 Commission meeting \ , , ~ ----- \ \----------- \ ~ .~, .~ \ \ HENRY'S MARKET PLACE \~cs:\ d ,~~\~ ,0\ ,~\~I .-\ ,- ~ l ~, ~ :t. ~ "11'~ .. '1J . 0 I -:z. \ t) , :t. " \I' \ \ \ "y- ,-:z. I, ,l \ ;(. ---"~ "" I '. ________, "" \f\ --- \ \' ~ 1....______ \ \" \tl~... \. ~.. -\l\ ~ Y \\1'\,~-,\1'\.,~ ~ I I...,,\.~., \ .. "~" ~" I..~\.. , ... \" \/0 "'~ \~ \ . OFFICE BUILDING ALBERTSON'S MARKET I , , , , ------. \\ PROJECT j \~, ~ LOCATION .. t5 ~ US POST OFFICE , , ,----------- I.\} , , , , t,t,1 "'t.' SIB: C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: DANIEL CONTRERAS CONDITIONAL USE PERMIT PROJECT 736 CHURCH AVENUE ADDRESS: Request: Proposed 477 square feet addition of two SCALE: FILE NUMBER: bedrooms to the existing 811 square feet two car NORTH No Scale PCC-02-13 garage which was used as a workshop in the past. C:\DAIFILESllocatorsIPCC0213.cdr 03/12/02 RESOLUTION NO. PCC 02-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-02-13, FOR AN ACCESSORY SECOND UNIT BEHIND AN EXISTING SINGLE-FAMILY HOME AT 736 CHURCH AVENUE, IN COMPLIANCE WITH STATE GOVERNMENT CODE REGULATIONS 65852.2 (B)(I)(A)-(I). WHEREAS, a duly verified application for a conditional use permit was filed with the City ofChula Vista Planning Division on September 18, 2001 by Daniel Contreras; and WHEREAS, said applicant requests an accessory second dwelling unit permit for an existing structure, which will be remodeled and expanded to include: two bedrooms, one bathroom, dining room and living room, for a total of 906 square feet of jiving space, in compliance with State Government Code Sections 65852.2(b)(1)(A)-(I), for cities without adopted accessory second unit ordinances; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical exemption from environmental review (CEQA Section 15303 (a), new construction and location oflimited numbers of new, small facilities or structures); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was to be held at the time and place as advertised, namely November 28, 2001 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the hearing was continued to March 27, April 24, and again to May 8, 2002, and was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use permit; and WHEREAS, the Planning Commission of the City qf Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The requested use would take place within an eXlstmg single-family residential neighborhood. The state legislation declares that accessory second units are a valuable form of housing in California, providing housing for family members, students, the elderly, in-home health providers, the disabled, and others, at below market prices within existing neighborhoods 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed accessory second unit will not have a detrimental impact upon the surrounding residential neighborhood. The accessory second unit will be architecturally integrated in terms of design, building materials and colors used with the proposed primary single-family residence. In addition, it will be constructed in conformance with the Uniform Building Code. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-02-13 requires compliance with all conditions, codes and regulations, as applicable, prior to the final issuance of any permit or occupancy of any facility on the site for the proposed project. The Planning Commission finds that the request meets the requirements of the California Government Code relating to accessory second units as follows: (A) The unit is not intended for sale or may be rented. (B) The lot is zoned for single-family use. (C) The accessory second unit will be constructed on a lot that contains an existing single-family residence. (D) The accessory second unit is detached and will be located on the same lot as a single-family residence. (E) The total area of the detached unit does not exceed 1,200 square feet. (F) The request meets local requirements related to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the zone. (G) The request meets local building code reqiIirements to detached dwel1ings, as appropriate. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This Conditional Use Permit is in compliance with the General Plan. Section 65852.2b-5 2 of the California Government Code provides that accessory second unit permits issued are exempt from the existing or future General Plan and zoning density regulations. WHEREAS, the Planning Commission of the City ofChuIa Vista grants Conditional Use Permit PCC-02-13 subject to the following conditions, whereby the applicant and/or property owners shal1: PLANNING & BUILDING DEPARTMENT 1. The accessory second unit shall be developed and maintained in accordance with the conceptual plans dated February 26, 2002, including a site plan, floor plan, and exterior elevations. 2. The applicant shall obtain all required permits ITom the Planning and Building Department including building permits. Plans submitted for building permits must comply with 1998 editions of the CBC, CPC, CEC, CMC, and the 2001 Energy Requirements. PUBLIC WORKS DEPARTMENT 3. Prior to issuance of occupancy permit, the raised portion of the sidewalk (area marked in white) shall be removed and replaced. ENGINEERING DIVISION 4. The following fees will be required based on the final building plans submitted: sewer capacity fee based on all new construction or additional plumbing fixtures; and traffic signal fees based on the difference between the existing and proposed use. There may be requirements set at the time development takes place and/or a building permit is applied for, depending on final plans submitted for building permits. CHULA VISTA ELEMENTARY SCHOOL DISTRICT 5. Prior to issuance of building permits, the applicant shall pay all appropriate school fees. OTHER CONDITIONS 6. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions sha1l be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 7. The accessory second unit shal1 be connected to the existing sewer lateral, Of the other existing utilities such as water, electricity, gas, cable, etc. from the main unit, utilizing the same address. 3 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shal1 impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 10. Any deviation rrom the above noted conditions of approval shall require the approval of a modified conditional use permit. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, rrom and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (col1ectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's instal1ation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and al1 of Applicant' s/operator' s successors and assigns. II. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application f9r building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representative Date 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend approval of Conditional Use Permit PCC-02-13 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of May, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary J:\Planning\JohnS\Documents\Resolutions\2002\PCC-02-13 736 Church 2nd Unit-IS. doc 5 - --- - -.......--....--.-....--.....-,--...---- ..~..__.-._---_._..~----,-- ---,_.,,,-,-- -- March 2 I, 2002 TO: Kimberly Vander Bie, Associate Planner Planning Department Public Services Building Chula Vista Civic Center 276 Fourth Avenue, Chula Vista, CA 91910 .------, ----::--::.~ ~~_ ~~.\ i _ [; p n \In i'~; n '" r;:...,..." rp r. I'r"' \\ 'a :,:-:'" \', ;!, \ \\n\~""_"'>-'--" ','; .., \\.r,{.' ..~Q 27 2002 .;~,. \ ~;\ '.,. IU'\" \ 1. , .~ J ' \'" L .--.-.- --- ! --- " .... P F '.' :..---\ \ ,- -,-. ~------- CASE # PCC-02-13 Regarding the hearing by the Planning Commission for the case number above, for an existing second dwelling unit (which to my understanding was permitted originally as a "workshop" !lQ1; a dwelling) to be used as an accessory second dwelling unit including adding 498 square feet to the existing second unit Several months ago I received a call rrom a woman who insisted that her daughter had just moved into a house behind mine, which is 733 Church A venue. I do not know, nor did she explain, how she obtained my telephone number. I assured her we did not have a house behind ours, nothing except a garage which I seriously doubt would have room for a tenant! However, I did recall that the owner of736 Church Avenue had been building and when a neighbor inquired about this was told that the owner had a permit for a workshop. Shortly thereafter we noticed two new cars on the street and two new people. We did notifY the zone enforcement that the owner was renting the "workshop". After all, Mr. Contreras did have a "for rent" sign in the front yard. Unfortunately when we called zone enforcement, he had just submitted paperwork to convert this unit to a second dwelling so we were told code enforcement would no longer be involved. This allowed the owner to continue to rent this substandard housing unit and collect rent for the past five months with disregard for the zoning regulations. When we moved here we were struck by the quiet nature of this street and felt the neighborhood of single family homes was where we wanted to buy a house. Mr. Contreras knew this was zoned R-I and proceeded to violate zoning laws by renting a workshop. We are trying to protect the characteristics of our neighborhood, as is the City ofChula Vista Planning Department by currently drawing plans to submit to the City Council to protect overdeveloping property zoned RI. The majority of us in this neighborhood are homeowners and chose this type of community when purchasing our homes for the unique quality that go with living in a neighborhood of single family homes with spacious yards. Our objections do not only include more people, and cars, but setting a precedent to allow all owners in Chula Vista to build accessory dwellings, thus doubling cars, people, children in schools, increased traffic, etc. If all homeowners built a second dwelling, the inrrastructure would soon be in trouble to say nothing of the increased pollution. The school system would not be able to educate the additional children possible rrom each parcel at the same standard. Nor would anyone be able to park. Mr. Contreras parks 2 cars under tarps at the rear of his driveway and I at the street edge, leaving a large gap between the two which is not ever used for parking. This leaves one of his personal vehicles in the street as well as all 3 of his renters' vehicles on the street. Adding another parking spot to his plan does not reassure us that the parking would be any better since they do not utilize the driveway space now. This neighborhood has been to the Planning Department previously regarding parking issues as we currently have the overflow ITom a 3-story office building and Third A venue businesses. Another concern shared by homeowners on the street is the devaluation of our properties with rental units incorporated in our neighborhood. It is our understanding that Mr. Contreras has informed the Planning Department his mother is the occupant of the second dwelling. For the past several months we have witnessed a young woman and young man in the 20-30 year age bracket, as well as a woman approximately 40-50 who al1 seem to live in this dwelling - in addition to a dog. We respectfully submit that Mr. Contreras' request to build an accessory dwelling be denied or at least be put on hold until such time that Chula Vista City Council sets a standard on second dwellings in zoned Rl neighborhoods. It should be a very short time frame before the Planning Department will be submitting recommendations to the City Council. ,J NAME ADDRESS PHONE SIGNATURE ,'.,: I i5 } / ,/ _I ~./ 'j (" 1/" Ii I ( I) " ; . ' /', : j/ ; /', ,,' , ; I I --+/" _./:/~ ~-~~ ~ I tvv0t ~IW-/'f.\vvt WW?1t.$fu ? '3 -~ i. Ii -Jl-LII 1-'....,,,_1~z...1 VI '-I ;;-1 r<'\~\o.r-\IL. 'or~rao" ..,?~ c..\--.vrc.h. ~9.... 4;).O'~'iS"b rv-.c...9.,. .,_\..... 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CHURCH A VENUE -u r-'-- ~t:. :.:.::0:: -~" .~ c,') ~-^-oJ -n--l.1FiiiJ m ~ .... 00 ffi = l:5 2 ~ _ ffi r; _C:"- \~c:: ": -I) Hf r r--1 i I I , ~.~~ DANIEL CONT / =RCHITECT 'RERAS ! ... ......~ AVENUE . " ~ VIST"- TEl.LP'tIH: <61~" 91910 ........... U .'--t ij ~ f , '\ "~'''M_M''^ ^ 1\ I I I \ I . \ \ I I \ I I '\ \ I I \ .' ~ I i / I ~ m ~ 2 lP i /,: II E i ~ -I ' I ~ ~ ,L,.. ,'.,-"'"," ~...", . IE . m '. . ~ , r . -t... I! m m <1- >- r 0( m I' ~ ~ I t , ~ -I i , I I ! 2 i I I I 0 ! - I .- , , , i a I H ~I i ~ >>j! . }ofl_" ....... "-e!' ..--t ..--t :: ~ \ \ II II \ . \ \ e " '~ '" W,' \ .. I ~ I .. 0 A ~ '" .. t-- "",''"'',",,",,,''''ii' II I ~ /' II l I / + i I ~ ~ i ~ :II 1 :: p. "-'"'"11'\ iI\~~ (J \ i! " II \ I " ! , II 011 II l1 II II ~-"I, [!J ! i Ii ,/ I' II i II / Ii i 'j ) IT III :1// ! - ~r ~ i ~ I I ~ m I i -I : m ~ r I! m. -- ~ -I 2 \ i ~ ~ 1: ~ m I! r m ~ -I 2 ", li\ ",~",~,-~~",",,~,w-'"'""1 ~ \., , tj \ Ii \ [bpi I '" il ' !j , - III, \, -'1 ;' I' " [bpI. 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NOTES ~l> I IN i !I - PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 3/27/02 ITEM TITLE: Continued Public Hearing: Conditional Use Permit PCC-02-l3, proposal to permit an existing second dwel1ing unit as an accessory second dwel1ing unit behind the primary single-family residence, including adding 498-square-feet to the existing second unit, for a total of 908-square-feet, at 736 Church Avenue, in compliance with State Government Code Sections 65852.2(b)(1)(A)-(I) for cities without adopted accessory second unit ordinances. Applicant: Daniel Contreras The project was original1y scheduled for the November 21,200 I Planning Commission hearing, but was continued due to some changes in the application. The property owner proposes to add 498- square-feet to an existing 408-square-foot second dwel1ing unit, and permit the structure as an accessory second wlit. It would include a living room, kitchen, ful1 bath, and two bedrooms, in compliance with the applicable provisions of the State Government Code. The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical exemption from environmental review (CEQA Section 15303 (a) new construction and location of limited numbers of new, smal1 facilities or structures). RECOMMEND A TION: That the Planning Commission adopt the attached Resolution PCC - 02-13, based on the findings and including the conditions contained therein for an accessory second dwel1ing unit, per State Government Code Sections 65852.2(b)(1 )(A)-(I), for cities without adopted accessory second unit ordinances. DISCUSSION: I. Site Characteristics The project site is behind an existing 904-square-foot single-family home on a 6,534-square-foot lot. A wooden fence runs along the side property lines, the back of a commercial building on the adjacent western lot serves as a fence in the rear. The lot is bordered by single-family homes to the north, south, and east, across Church Avenue. The property abuts commercial property to the west. 2. General Plan, Zoning and Land Use The project is located in the R-I Single-Family Residence Zone, and has a General Plan Land Use Designation of Residential Low Medium (3-6 dwel1ing units per gross acre). Accessory second units are deemed consistent with the zoning and General Plan per State Government Code Section 65852.2(b)(5). Page 2, Item: Meeting Date: 3/27/02 General Plan Zoning Current Land Use Site: North: South: East: West: Residential, Low-Medium R-l Residential, Low-Medium R-I Residential, Low-Mediwn R-I Residential, Low-Medium R-l Commercial-Professional & c-c Administrative Single-family residential Single-family residential Single-family residential Single-family residential Stone Realty 3. Proposal The proposal is to add 498-square-feet to an existing 408-square-foot second dwel1ing unit that was converted from a garage, and permit the structure as an accessory second unit. The unit, behind an existing 904-square-foot primary single-family home, would include a two-stal1 (404-square-feet) attached garage. The architectural style and color of the accessory second unit would match the existing home, which has Pink Buff stucco with Faded Rose wood siding, Bel1e Glade fascia and trim, and gray asphalt roofing. The proposal is in compliance with state guidelines for cities without adopted accessory second unit ordinances. A conditional use permit is required in order (0 al10w the city to determine compliance with the provisions as provided by the state government code, which states the following (Government Code Sections 65852.2(b)(1 )(A)-(l)): (b) (1) When a local agency has not adopted an ordinance by July I, 1983 or within 120 days after receiving itsjlrst application, the local agency shall grant a special use or conditional use permltfor the creation of an accessory second unit if the unit complies with all ofthefollowlng: (A) The unit Is not Intendedfor sale or may be rented. (B) The lot Is zoned for slngle:family or multl:family use. (C) The lot contains an existing slngle:famlly dwelling. (D) The accessory second unit Is either attached or detached and located on the same lot. (E) The Increasedfloor area of the attached unit does not exceed 30 percent of the existing living area. (F) The total area of the detached unit does not exceed 1,200-sq. .It. (G) Requirements related to height, setback, lot coverage, architectural review. site plan review, .lees, charges, and other zoning requirements generally applicable to the zone. (Ii) Local building code requirements to detached dwellings, as appropriate. (1) Approval by local health officer If private sewage dLlposal system Is utilized. ANALYSIS: The proposed accessory second unit appears to meet the above criteria, as outlined below: Page 3, Item: Meeting Date: 3/27/02 (A) The unit is not intended for sale. Selling it apart form the primary residence on the lot would require subdivision, and the underlying zone for this parcel would not al10w that. (B) The proposed accessory second unit is in a R-I Single Family Residence Zone. (C) The proposed 906-square-foot single-family dwelling unit would be constructed on a lot where there is an existing single-family dwelling. (D) The proposed accessory second unit will be detached and on the same lot (E) N/ A (Proposal is for a detached accessory second unit.) (F) The total area of the detached accessory second unit will be 906-square-feet. The proposed 404-square-foot garage is not calculated as part of the unit. (G) Site plan and architectural review for the proposed detached accessory second dwelling unit has been provided by staff and shal1 be approved by the Planning Commission as part of the Conditional Use Permit. The unit will comply with all of the required RI development standards, as outlined in the table below: DEVELOPMENT STANDARD Height Lot Coverage Setbacks: Front 15 feet 26 feet Rear 20 feet 22 feet Sides 10 feet and 3 feet 5 feet and 4 feet' Parking One space Two garage spaces/one open *Does not meet required setback. However, Section 19.58.020 B.1. states that "a one..story building may disregard any rear or side yard requirements ifIocated in the rear 30 percent of the lot, or back of the front 70 feet of the lot." ALLOWED/REQUIRED 28 feet (2.5 stories) 40% PROPOSED 13 feet 33% (H) Fees, and other charges shall be paid in association with the required building permit, to be applied for and reviewed in conformance with local building codes upon approval of this Conditional Use Permit; (T) Sewer service wil1 be provided by the City of Chula Vista (not a private system), which means there is no requirement for local health official approval. A letter opposing the project (Attachment 3) was received from Bobby and Eamedell Deese, residents at 60 G Street, Chula Vista, who did not list any specific reasons or concerns. CONCLUSION: Staff recommends approval of the proposed Conditional Use Permit to allow an a.ccessory second unit behind a single-family residence at 736 Church Avenue, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-13. Attachments I. Locator Map 2. Resolution PCC-02-02 3. Letter of opposition from residents at 60 G Street 4. Disclosure Statement PLANNING COMMISSION AGENDA STATEMENT ITEM NO. 3 MEETING DATE 05/08/02 ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF A SERIES OF AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD RESOLUTION CDH 01-002 RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD STAFF CONTACT: LEILANI HINES, COMMUNITY DEVELOPMENT DEPARTMENT BACKGROUND The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning and housing programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. State Housing Element law requires that all cities and counties submit the Housing Element to the State Department of Housing and Community Development (HCD) for a determination of substantial compliance with State law. However, Government Code Section 65585.1 provides an opportunity for jurisdictions within the San Diego region to self-certify their Housing Element's consistency with State law. Jurisdictions seeking self-certification must prepare an updated Housing Element with the same content and analysis as is required of those who must seek certification through State HCD. The jurisdiction must also meet other performance criteria and Chula Vista has met all such criteria. The City adopted the Housing Element update for the 1999-2004 planning period in compliance with California Government Code Section 65585.1 on December 19, 2000 (reference Resolution 2000-480). The City is now interested in submitting its Housing Element for review by State HCD and obtaining their certification of compliance with State law since certain State funding programs require State certification of the Element. Staff has submitted the City's Element for review. In response to the comments received from State HCD, staff is proposing amendments to the Element (see Attachment 1). In large part, such amendments proposed are for greater specificity and clarity. PAGE 2, ITEM MEETING DATE 05/08/02 The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Negative Declaration 15-00-08. Therefore, no further environmental review or documentation is necessary. RECOMMEN DATION Staff recommends that the Planning Commission ADOPT a resolution recommending that the City Council adopt amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 planning period. BOARDS/COMMISSIONS RECOMMENDATION On May 8, 2002, the Housing Advisory Commission will hold a public hearing to consider a series of amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 planning period. Staff will provide the Planning Commission with a verbal presentation of any comments received and the action of the Housing Advisory Commission. DISCUSSION Pursuant to State Law, Chula Vista has an adopted Housing Element of the General Plan for the 1999-2004 planning period. In accordance with California Government Code Section 65585.1, on December 19, 2000, the City of Chula Vista self certified the Element's compliance with the requirements of State law. Since such time, certain State funding programs have been available that require the jurisdiction's Housing Element to have been certified by the State as in compliance with State law. Such funding programs include, but are not limited to, the Jobs Housing Balance Incentive Grant Program, Infrastructure and Economic Development Bank, and California Housing Finance Agency (CHFA) HELP Program. Although, there are no funds available for these programs at this time, it is prudent for the City to have its Housing Element certified by the State to ensure the City's ability to participate in any future funding opportunities. In order to take advantage of future funding opportunities, the City of Chula Vista is interested in submitting its Element to State HCD for their review and certification for compliance with State law. State HCD has already reviewed the City's Element and has provided comments. Staff has prepared amendments to the Element to address such comments. Proposed Amendments In response to comments received from State HCD's review of the Element, staff is proposing a series of amendments to the adopted Element. Such amendments are proposed to provide greater specificity and clarity regarding the discussions of: 1) Land available to meet the regional housing needs (historical rate of density of development and reuse of land and availability of infrastructure); 2) Development and processing standards for multifamily development; 3) Program for development of affordable housing opportunities outside of the Balanced Communities policy; 4) Evaluation of Article XXXIV; 5) Public participation process; and, 6) Internal consistency of all Elements of the General Plan. PAGE 3, ITEM MEETING DATE 05/08/02 The following provides a summary of the proposed amendments to the Housing Element to address the concerns raised by State HCD: 1. land Inventory: The City has proposed revisions that more adequately describe the adequacy of property available to meet the City's regional share of new residential development, including history and trends on typical development densities and land reuse, the availability of public infrastructure, and non residential land resources and its potential for mixed use development. Refer to Section IV. Housing Opportunities Residential Land. 2. Development & Processing Standards: The City has proposed revisions that include tables and discussions of the various zones allowing residential development by right or through conditional approval and the applicable development standards. Additionally a table summarizing the discretionary review process for residential developments is included. Refer to Section II-Constraints to Housing Provision. 3. Housing Goals, Policies, and Program (Other Housing Production Programs & Article XXXIV): The City has proposed two new programs to address development of low income housing per Article XXXIV of the State Constitution and City/Agency assisted residential developments. Refer to Section V. Goals and Policies, Programs 3.4.6-City/Agency Assisted Developments and 3.4.7 Article XXXIV. 4. Public Participation: The City has proposed revisions that better describe the public participation process involved in the development of the Housing Element, including Housing Element Advisory Committee meetings, four public-noticed community workshops, a 30-day review and comment period, and meetings with master plan residential developers in Chula Vista and affordable housing developers. Refer to Introduction, Public Participation. 5. General Plan Consistency: The City has proposed revisions that better describe the relationship of those Elements of the General Plan that affect the goals, policies, and programs outlined within the Housing Element and how consistency between such documents is achieved and maintained. Refer to Introduction, Relationship to Other General Plan Elements. In accordance with California Government Code 9 65583, any revisions recommended by State HCD must either be accepted by the City for inclusion within the Element or the Planning Commission and City Council must adopt findings as to why the City is able to meet the requirements of State law without the requested revisions. Staff has addressed all such requested revisions by State HCD and the proposed amendments have been incorporated into the 1999-2004 Housing Element of the City's General Plan. With the inclusion of the revisions, State HCD finds that "Chula Vista's draft Housing Element meets all the statutory requirements of State Housing Element law (Article 1 0.6 of the Government Code). Pursuant to Government Code 65585(g), the revised Element will be in full compliance with State Housing Element law when adopted and submitted for final HCD review." At this point in time, staff is requesting that the Planning Commission recommend the adoption of the amendments to the Element. Citizen Participation Process PAGE 4, ITEM MEETING DATE 05/08/02 A notice was published in the Star News to inform the public of the time and location of the public hearing by the Planning Commission to consider the proposed amendments to the 1999-2004 Housing Element of the City's General Plan. Individual notices were also mailed to interested person s. SUMMARY The City of Chula Vista has prepared amendments to its Housing Element of the General Plan for the 1999-2004 planning period. Such amendments are proposed to provide greater specificity and clarity regarding the discussions of: 1) Land available to meet the regional housing needs (historical rate of density of development and reuse of land and availability of infrastructure); 2) Development and processing standards for multifamily development; 3) Program for development of affordable housing opportunities outside of the Balanced Communities policy; 4) Evaluation of Article XXXIV; 5) Public participation process; and, 6) Internal consistency of all Elements of the General Plan. It is staff's recommendation that the Planning Commission adopt a resolution recommending that the City Council adopt amendments to the City of Chula Vista Housing Element of the General Plan for the 1999-2004 Planning Period. ATTACHMENTS 1. Amendments to1999-2004 Housing Element [LHINES) H:\PLANNING\Hsg Element\PC Rpt Revised Hsg Element.doc RESOLUTION NO. CD 02-001 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO THE CITY OF CHULA VISTA HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 1999-2004 PLANNING PERIOD WHEREAS, the State of California requires that all cities and counties prepare a housing element of their General Plan every five years (or as prescribed by State law) and submit it to the State Department of Housing and Community Development for determination of substantial compliance with the requirements of State Housing Element law; and WHEREAS, the San Diego Association of Governments (SANDAG) sponsored State Legislation (AB 1715) that was enacted as Government Code Section' 65585.1 in 1995, which creates the opportunity for local governments within the San Diego Region to self-certify their Housing Element of their General Plan through a pilot program; and, WHEREAS on December 19, 2000, the City of Chula Vista self-certified its 1999-2004 Housing Element of the General Plan under the provisions of Government Code Section 65585.1; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Negative Declaration IS-00-08; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said Housing Element 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 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 8, 2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue before the Planning Commission and said hearing was thereafter closed; and WHEREAS, at a public hearing held on May 8, 2002, the Planning Commission considered all reports, evidence. and testimony presented finds based on substantial evidence that the attached document substantially complies with the provisions of Article 10.6 of Division 1, Title 7 of the 60vernment Code; and NOW, THEE FORE, BE IT RESOLVED, the Planning Commission recommends that the City Council adopt the amendments as incorporated in the attached document, entitled "City of Chula Vista Housing Element 1999-2004" as an element of the General Plan to act as a guide to the City in addressing the housing needs of all economic segments of the City. Resolution No. CD 02-001 Page 2 of 2 BE iT FURTHER RESOLVED that from the facts presented to the Planning Commission, the Commission recommends that the City Council submit the Amended Housing Element to the State Department of Housing and Community Development to review for compliance with Article 10.6 of Division 1, Title 7 of the Government Code. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of May, 2002 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary [(LH) H:ISHAREDIPLANNINGIHsg ElementlReso PC CD 02-001 IApril 30. 2002 (4:42PM)] .- ~ ~f?. =~-~ -.:..~~-...; ~~~~ CllY OF CHUlA VISTA HOUSING ELEMENT OF THE GENERAL PLAN 1999-2004 Revised: April2002 (Strikeout/Underline) CITY OF CHULA VISTA GENERAL PLAN HOUSING ELEMENT 1999-2004 Adopted on December 19, 2000 City Council Resolution No. 2000-480 HOUSING ELEMENT STAFF Robert A. Chris Salomone, .-....-.--.....-...-.----.-.-......... ....-,--..---- '-- _._.__. ..-------.,-..--. TABLE OF CONTENTS TABLE OF CONTENTS.............................................................................................................. I LIST OF FIGURES AND TABLES......................................................................................... III EXECUTIVE SUMMARY ...........................................................................................................1 BACKGROUND INFORMATION.. ......... .... ............ ........................................................ ......... ........... 1 NEEDS ASSESSMENT ......................... ........... .................................. ............ .............. ......... ........... 1 GOALS AND POLICIES ................................................................................................................... 2 INTRODUCTION .........................................................................................................................5 CITY PROFILE ........... ... ...... ...... ... ... ... ........ ... ....... ........ ...... ... ....... ..... ... ... ... .......... .... ... ... ... .............5 HOUSING ELEMENT ......... ..... ......... ....... ..... ......... ........... ... .... ......... ..... ... ....... ...... ................ .......... 5 STATE POLICY AND AlITHORIZATION ........................................................................................... 5 ORGANIZATION OF TIlE HOUSING ELEMENT................................................................................. 5 RELATIONSHIP TO alliER GENERAL PLAN ELEMENTS ................................................................. 6 PuBLIC PARTICIPATION ............. .......... ........ ........... ............ ........................ .................................. 7 SOURCES OF INFORMATION .......................................................................................................... 8 I. NEEDS ASSESSMENT .........................................................................................................11 POPULATION CHARACTERISTICS ................................................................................................ 11 HOUSEHOLD CHARACTERiSTICS.......... .......... ............................................... ................ .............. 14 SPECIAL NEEDS GROUPS ............................................................................................................ 16 LAND USE CHARACTERISTICS ....................................................................................................23 EMPLOYMENT CHARACTERISTICS .............. ......................... ............................. ............. ....... ...... 23 HOUSING STOCK CHARACTERISTICS .......................................................................................... 26 AT-RISK UNITS ..... .............. ....... ...... ........... .................................... ..... .................... ..................30 II. CONSTRAINTS TO HOUSING PROVISION .................................................................33 GOVERNMENTAL CONS1RAINTS... ...... ....................................................... ............. ...... ......... ..... 33 NON-GOVERNMENTAL CONS1RAINTS ......... ...................... ............................... ............ ..... .........45 III. EV ALUA TION ....................................................................................................................47 EVALUATION OF PREVIOUS HOUSING ELEMENT ........................................................................47 OBJECTIVE 1..... .... .... ........... ....... ........ .... .... ..... .... .... ... ...... ...... ....... ..... ......,............ ........ ....... ......48 OBJECTIVE 2........... ........... ....................................... ........................ ........ ............. ........ ....... ...... 49 OBJECTIVE 3...... ...... ...... ....... ....... ............. ... ............. ...... ... ... .............. ... .......... ................... ........ 51 OBJECTIVE 4. ...................... ....... ........ .... .... ............. ... ... ........ ... ... .... ..... .......... ................... .......... 52 OBJECTIVE 5.................. ....... .......................................... .............. ........ ................. .............. ....... 53 OBJECTIVE 6............. ... ... ..... .... ..... ... ... .... ... ............. ... ... ........ ... ............ ... ......... ................... ........ 54 OBJECTIVE 7............................. ..... ............... ....................................... .......... ......... .......... ..........55 OBJECTIVE 8........ ..... ............................................. ........... .......................... .......... ........ .............. 56 OBJECTIVE 9....... .... ... ........ ........... ...... .... ............ .... ... ..... ...... ........ ......... ...... ... ..... .... ... ......... .... ...56 OBJECTIVE 10........ ........................... ... ....... ................ ..... ... ..... ...... ........ ................ ..................... 57 OBJECTIVE 11............................................................................................................................. 58 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE I OF IV --".".~~-_.,._-......__.,,-- .----.--,-- ' OBJECTIVE 12.............. ... ...................... ............................................. ............. ............................ 59 EVALUATION OF PROGRESS TOWARDS MEETING COASTAL ZONE REQUIREMENT..................... 60 EVALUATION OF PROGRESS TOWARDS SELF-CERTIFICATION REQUIREMENTS.......................... 63 IV. HOUSING OPPORTUNITIES .......................................................................................... 65 AVAILABILITY OF SUITABLE SITES ............................................................................................ 65 REDEVELOPMENT HOUSING OBLIGATIONS........................................................... ...................... 75 V. GOALS AND POLICIES ..................................................................................................... 81 HOUSING GOALS, OBJECTIVES, POLICIES, AND PROGRAMS ...................................................... 83 PAGE II OF IV CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 LIST OF FIGURES AND TABLES FIGURE 1: CITY OF CHULA V1ST A BOUNDARy.................................................................. 9 FIGURE 2: COASTAL ZONE .................................................................................................... 61 FIGURE 3: HOUSING UNITS PER JOB ................................................................................... 67 FIGURE 4: CITY OF CHULA VISTA ANNUAL CHANGE IN NUMBER OF HOUSING UNITS ..... .................................... .............. ... ........ ........... .............. ......... ...................... ......... 68 FIGURE 5: HOUSING PERMITS IN CITY OF CHULA VISTA COMPARED TO SAN DIEGO COUNTY 1980 THROUGH 2000 ..........................................................................69 FIGURE 6: MASTER PLANNED COMMUNITIES ................................................................. 71 FIGURE 7: REDEVELOPMENT PROJECT AREAS................................................................ 78 TABLE 1: 1999-2004 QUANTIFIED OBJECTIVES................................................................... 3 TABLE 2: ST ATE HOUSING ELEMENT REQUIREMENTS CALIFORNIA, 1999.............. 10 TABLE 3: POPULATION GROWTH CHULA VISTA AND SAN DIEGO REGION 1990- 1998 .....:......................................................................................................................... ........ 11 TABLE 4: PROJECTED POPULATION GROWTH................................................................. 12 TABLE 5; POPULATION BY AGE GROUP ............................................................................13 TABLE 6 :CHANGE IN POPULATION BY RACE 1990 - 1997.............................................13 TABLE 7: HOUSEHOLD INCOME DISTRIBUTION............................................................... 15 TABLE 8: MOBILITY AND SELF-CARE LIMITATION BY AGE........................................18 TABLE 9: SHELTERS FO).{ THE HOMELESS SERVING SAN DIEGO - SOUTH BAY .....20 TABLE 10: CHULA VISTA MAJOR EMPLOYERS ................................................................ 24 TABLE 11: PROJECTED EMPLOYMENT BY SECTOR CHULA VISTA 1995 - 2020........25 TABLE 12: PROJECTED HOUSING UNITS ............................................................................ 26 TABLE 13: TYPE OF HOUSING UNITS, 1998........................................................................26 TABLE 14: PROJECTED HOUSING UNIT TYPE CHULA VISTA, 1998-2020....................27 TABLE 15: AGE OF HOUSING STOCK .................................................................................. 27 TABLE 16: VACANCY RATES CHULA VISTA 1996 TO 1999............................................29 TABLE 17: HOUSING COSTS - 1998.......................................................................................30 T\BLE 18: AVERAGE PRODUCTION COSTS OF HOUSING .............................................31 TABLE 19: ESTIMATED COST OF RENT SUBSIDIES CHULA VISTA, 1999....................31 TABLE 20: ZONES ALLOWING RESIDENTIAL DEVELOPMENT BY RIGHT ................. 35 TA.BLE 21: ZONES CONDITIONALLY ALLOWING RESIDENTIAL USES....................... 35 TABLE 22: RESIDENTIAL DEVELOPMENT IMPACT FEES* AS LEVIED BY JURISDICTION, PER PROTOTYPE SAN DIEGO REGION, 1999.................................. 39 TABLE 23: DISCRETIONARY REVIEWS FOR TYPCIAL RESIDENTIAL DEVELOPMENTS ...............................................................................................................41 TABLE 24: COMPONENT COSTS IN MULTI-FAMILY HOUSING ..................................... 46 TABLE 25: CHULA VISTA 1991-1999 FAIR SHARE AFFORDABLE HOUSING GOALS AND PERFORMANCE........................................................................................................47 TABLE 26: REGIONAL SHARE COMPARED TO ACTUAL UNIT CONSTRUCTION 1991- 1999... .............. ........ .................. ........ .......... .................. ......................... ............. ...... ............ 48 TABLE 27: AFFORDABLE HOUSING POLICY .....................................................................49 TABLE 28: NEW RENTAL HOUSING OPPORTUNITIES ..................................................... 50 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE III OF IV TABLE 29: HOUSING REHABILITATION .............................................................................54 TABLE 30: REGIONAL SHARE - 1999 - 2004 CHULA VISTA ............................................. 65 TABLE 31: HOUSING UNITS PER JOB....................................................................................66 TABLE 32: RESIDENTIAL CONSTRUCTION CAPACITY EASTERN CHULA VISTA MASTER PLANNED PROJECTS .......................................................................................70 TABLE 33: RESIDENTIAL CONSTRUCTION CAPACITY WESTERN CHULA VISTA VACANT AND UNDERUTILIZED LAND ....................................................................... 72 TABLE 34: REGIONAL SHARE AND UNIT POTENTIAL IN CHULA VISTA ................... 73 I TABLE 35: LOWIMODERATE-HOUSING FUNDS AVAILABLE SEPTEMBER 1999.......76 TABLE 36: ANNUAL HOUSING UNIT PRODUCTION REDEVELOPMENT SET -ASIDE FUNDS ..................................................................................................................................77 I TABLE 37: HOUSING OBJECTIVES BY GOALS, POLICIES, AND PROGRAMS SUMMARY .......................................................................................................................... 81 PAGE IV OF IV CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 EXECUTIVE SUMMARY The Housing Element for the City of Chula Vista is an element of the City's General Plan. It covers the period beginning July 1, 1999 to June 30, 2004. Background Information Chula Vista is the second largest municipality in San Diego County with a population of 166,945 residents. The City covers approximately 50 square miles along the San Diego Bay and surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, 1-5 and I-80S traverse Chula Vista. The area west of the I-80S, "western Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activity. The developing "eastern area" is comprised of large vacant tracts constituent to several master planned communities in various stages of approval and implementation. Needs Assessment According to SANDAG's Preliminary 2020 Cities/County Forecast, Chula Vista is expected to gain 46,000 new residents and 13,801 new households. The characteristics of the City's population, housing, and employment that affect its housing goals, policies, and programs i 11clude: PopulationIHousehold Characteristics · Chula Vista residents have household income and age characteristics that nearly match the regional median. . The population has more diversity in race/ethnicity than the region, in that 44 percent of the population is white (non-Hispanic) and 42 percent is Hispanic (all races), this compares to 61 percent and 23 percent respectively. Household size is slightly larger than the region, at 3.0 persons per household for Chula Vista, compared to 2.83 persons per household for the region. Land Use Characteristics · A large supply of vacant developable land is planned for communities with a wide variety of densities and land use types. · The well-established neighborhoods and master planned neighborhoods create different opportunities and require a different set of policies and programs to address housing needs. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 1 OF 118 Employment Characteristics · The City's diverse employment base will grow by more than 47 percent between 1995 and 2005, with the majority of growth in the retail, service, and government sectors. Housing Stock Characteristics . A high rate of new home construction is anticipated due to the many approved master planned communities in the City. · Reinvestment in the well-established neighborhoods of Western Chula Vista continues to be needed. · Approximately 13,000 units will be 50 years or older by 2004. . A home ownership rate of 53 percent is nearly the same as the region's rate of 54 percent. . The very low rental vacancy rate of 1.1 percent indicates likely increased housing costs and greater likelihood of over-crowding. · The median housing cost (resale) of $177,000 is $18,500 less than the region's median cost of $195,500. . A verage rents are 10 percent to 30 percent lower than the region wide average rents. Assisted Housing Units at Risk of Converting to Market Rate Units . Two projects have at-risk units that were created through the density bonus program. These 41 units could be converted to market rate units in 2000 and 2008. Goals and Policies The primary goal of the City is to ensure that decent, safe housing is available at an affordable cost. The priority is the provision of housing for families, particularly large families, of all income levels. Goal 1. Conserve Existing Affordable Housing Opportunities Goal 2. Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista Goal 3. Ensure That an Adequate and Diverse Housing Supply Is Available to Meet the City's Existing and Future Needs. Goal 4. Increase Home Ownership Opportunities for Low- and Moderate-income Households PAGE 2 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 . _..._-"----"-~-,---_._---~~-..._,_._~-_._--,---_.~."._"-,".- GoalS. Enable Homeless Individuals and Families to Find Permanent Housing Goal 6. Encourage Energy and Waste Conservation as an Integral Part of Homes Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice Goal 7. Goal8. Reduction And/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing Each of these goals has a set of policies and programs, which include objectives for the 1999- 2004 Housing Element cycle, as summarized in the table below and as more specifically set forth in Section V. TABLE 1: 1999-2004 QUANTIFIED OBJECTIVES Description Households Assisted Preserve At-Risk 41 SF/MH Rehabilitation 250 Caring Neighbors 500 Rental Rehabilitation 120 Christmas in October 25 Affordable Housing Program - Low Income 460 Affordable Housing Program - Moderate Income 470 State Density Bonus 10 Mixed Use Developments 100 Shared Housing 350 First Time Home Buyer - Aff Hsg Program 130 Mortgage Credit Certificate 25 Transitional Housing 10 Fair Housing Assistance 150 Total 2,641 The City has two sets of numerical housing goals established by SANDAG, which are also addressed in the Housing Element; the City's share of the region's future housing needs (regional share goals) and the affordable housing goal for self-certification. The total regional share goal is 10,401 new housing units and the estimated total affordable housing opportunities for self- certification in 2004 is 1,029. Both of these totals are divided into income categories which are explained in this Housing Element. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 3 OF 118 -- ._._._...._._-----~-----_._----~_._--- The City of Chula Vista is eligible to self-certify this Housing Element update in 1999 because it created 1,796 affordable housing opportunities between 1991-1999. This means that when the City Council adopts the final Housing Element, including a resolution that makes the "self- certification findings," the Housing Element update process is completed. The Housing Element is not sent to the State Housing and Community Development Department for certification (approval). PAGE 4 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 INTRODUCTION The Housing Element is an important planning tool for the City of Chula Vista. It identifies the housing needs of the City and recommends ways to meet these needs while balancing other community objectives and resources. City Profile Chula Vista is the second largest municipality in San Diego County with a population of 166,945 residents. The City covers approximately 50 square miles along the San Diego Bay and surrounded by National City, the City of San Diego, and the unincorporated area. Two major north-south freeways, 1-5 and I-80S traverse Chula Vista. The area west of the I-80S, "western Chula Vista" is built-up and characterized by well-established neighborhoods with primarily infill and redevelopment residential construction activity. The developing "eastern area" is comprised of large vacant tracts constituent to several master planned communities in various stages of apProval and implementation. Housing Element The Housing Element is an important planning tool for the City of Chula Vista. It identifies the housing needs of the City and recommends ways to meet these' needs while balancing other community objectives and resources. As the needs and programs are discussed in this Housing Element, a distinction may be made between Western and Eastern Chula Vista. Figure 1 shows the areas covered by that reference. State Policv and Authorization The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's main housing goal. Recognizing the important part that local planning programs play in pursuit of this goal, the Legislature has mandated that all cities and counties prepare a housing element as part of their comprehensive general plans. State law requires housing elements to be updated at least every fi ve years to reflect a community's changing housing needs. Chula Vista's Housing Element was last updated in 1991. No update of the Element was required until 1999 due to legislative extensions. This document is the 1999-2004 update required for jurisdictions within the San Diego region. Organization of the Housing Element Section 65302(c) of the Government Code sets forth the specific components to be contained in a community's housing element. Table 1 summarizes these State requirements and identifies the sections in the Chula Vista Housing Element where these requirements are addressed. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 5 OF 118 - ~_."_. ...",.~~_. -'.'--'~------,.. ._.- ." -".' . '-, .-.-- -....."--..-.-,.----..- -..------.--',...,--- Relationship to Other General Plan Elements California law requires that General Plans contain an integrated and intemallv consistent set of goals and policies. The City of Chula Vista's General Plan consists of ten elements: 1) Land Use; 2) Circulation; 3) Open Space and Conservation; 4) Noise; 5) Safety; 6) Public Facilities; 7) Housing; 8) Growth Management; 9) Parks and Recreation; and 10) Childcare, and contains goals and policies for urban development, community design, housing, natural hazards, economic development, and public services and facilities. The Housing Element is most affected by development policies of the Land Use Element, which establishes the location, tvpe. intensitv, and distribution of land uses throughout the Citv. The Housing Element uses the residential goals and obiectives of the Citv's adopted Land Use Element as a policv framework for developing more specific goals and policies in the Housing Element. The main themes expressed in the goals and obiectives of the Land Use Element for residential development include the following: I. Choice - The Citv should ensure a diversitv of housing types and price levels. 2. Planned, Oualitv Development - The citv should ensure that new developments are of high qualitv design and planning. with coordinated mix of urban uses. open spaces. and amenities. 3. Medium and High Densitv Compatibilitv with Surroundings and Services - The Citv should provide multi-familv housing in appropriate areas convenient to public services. facilities. and circulation. and limit higher densities where found to be incompatible with the conservation of single familv neighborhoods. 4. Preservation - The Citv should preserve and reinforce existing neighborhoods. The Housing Element is also affected bv the policies set forth in the Noise Element and Safetv Element. These Elements contain policies which mav limit residential development in certain areas for reasons of noise impacts, geologv, and public safetv. The Circulation Element also relates to the Housing Element in that maior areas for housing must be served with adequate access routes and transportation svstems. The Growth Management Element can also have an affect on the development of housing, although it does not impose any numerical cap or limit on new housing construction. The primarv purpose and intent of this Element is to maintain the communitv's qualitv-of-life as new housing and other development occur by providing necessary public services and facilities concurrent with development. The Citv's growth management program is intended to be suppot1ive of the provision of affordable housing bv guaranteeing that infrastructure and public services are provided to new residential developments when and where needed. and are paid for bv new development. Should that infrastructure not be provided. the City has the right to slow or stop development, which could have a temporary effect on the timing of providing additional affordable housing units. PAGE 6 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 The content of this Housing Element is consistent with the goals and policies of all elements of the Citv's General Plan. As the Citv moves forward with an update of its General Plan in FY 2001-02 and 2002-03. the City will incorporate the general goals and policies established in the Housing Element into the framework of those affected Elements of the General Plan. Public Participation The general public was solicited for comments on the updated Housing Element in a variety of wavs. The Citv's efforts to involve the public in the development and review of the Element included meetings through the Housing Element Advisorv Committee CHEAC) of SANDAG. local public workshops. and public hearings before the Housing Advisory Commission. Planning Commission and Citv Council. The HEAC meetings held at SANDAG offices were primarilv focused on establishing Housing Element self-certification criteria and which housing programs and products would be used towards meeting self-certification goals. The Committee was comprised of representatives from local iutisdictions. local advocacv groups. and housing providers. The diversity of the Committee assisted in developing a self-cel1ification program that addressed the needs of the various public interest groups and providers. Therefore. the self-certification program and Cliteria adopted by SANDAG is a direct product of a far reaching public participation process. Early in the Housing Element update process. Julv 1999, one Housing Element information session was held with the City Council. At that time, they discussed the draft Regional Housing I"eeds and provided comments on the proposed preliminary goals and policy revisions for the 1999-2004 Housing Element update. Also, as part of housing program funding discussions, the Housing Advisory Commission discussed and gave input on housing programs and needs. The draft Housing Element was subject to four public-noticed workshops to obtain the view of citizens. developers. service providers. and other interested persons on the Citv's housing needs. policies. and programs to be implemented to address these needs. prior ts fiA1!1 Pll!ARiAg COffiffiissisA aAa CitJ, CouAeil coAsiaeratisA of HSllSiAg ~:Ieffief1t ae8!,!tioA. The public workshops were held on October 20th. October 27th. November 1 st. and November 3. 1999 and were noticed both in the local newspaper and through direct mailings to potential1v interested p~!rties. The Planning Commission and Housing Advisory Commission hosted one workshop each, and there were two additional workshops scheduled for public convenience. The mailing list included housing advocates. special needs providers. local builders. local school districts. mobilehome communities. and affordable housing developments. Manv of these groups recci ved a copv of the draft Housing Element. After completing the series of public workshops. the draft Housing Element was made available for review and comment for a 30 dav period. The document was available at various locations. including the Main Chula Vista Librarv. South Chula Vista Library, Eastlake High School Lil'rarv. Citv Clerk's Office. the Planning and Building Department. and the Communi tv Development Department. A copv of the notice was published in the local newspaper and through direct mailings to potentiallv interested parties. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 7 OF 118 Additionally, as a result of comments received from residential developers during the public review and comment period, City staff held a series of meetings from December 1999 to July 2000 with residential developers of the City's master planned communities and affordable housing developers. Discussions centered on constraints to residential development, the quantified objectives for the five year period, greater specificity and accountability of the proposed goals. All comments received regarding the draft Housing Element were considered and where appropriate, the draft Element was revised. The City's desire to address these comments and to work cooperatively with developers, advocacy groups and other interested persons served to further delay the schedule of adoption of the Housing Element. In November 2000, a public-noticed hearing was held before the Housing Advisory Commission and Planning Commission to consider the adoption of the Housing Element and compliance with Government Code Section 655886.1 for the 1999-2004 Housing Element cycle. On December 19,2000, the.City Council held a public noticed hearing to consider the recommendation of both the Housing Advisory Commission and Planning Commission to adopt the Element. Sources of Information The Regional Housing Needs Statement produced by the San Diego Association of Governments (SANDAG) in 1999 provided the majority of the background material for the preparation of the Housing Element. This do'cument includes data from the 1990 Census and SANDAG's 1998 Population and Housing Estimates, among other sources. PAGE 8 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 FIGURE 1: CITY OF CHVLA VISTA BOUNDARY r" ~; , " ) l ~ , \.' C..~J'\ "'I\_~ '-~ ~'p>"-' '~"ti~l;fr 1// II '"-:,;-:... ...{/ "~,( '\" "\ \. " "\\ ...~ " ", ...~, '.', ':~:. ' z'~'i :.\.:........> .-t< ,,:' , .J. _ ~ \0' "......".., ,r" \.~o \~ . " '.: .-;//.~_. "'-:',~~~~~ (~~-~\~\..,~:,~~\...~...> ./;\,,, ,<7 '~"- ~. c:: . ,.., . . . ,,' -- ~ . .\ ': :-:<.~\ ..i,-.'. :'i~-tE-.~=-:~-:- =--> ',~< z$1~"-".~ ....'..- ~I'~' :}&ffi' ~"':~' ,,~:.",:"~)'_':,:f- ~ .",' ,',,:~ ~ ,~ ,_.,~.:.-::.~- ":c.''-':.. ~. ',." ,"" '':.'~-:'-'':--':_-': ,'- ~ " ,..)'/0" i\ 5:' " \.-=--=~~ // ~~",,--=..:==jI ~,;.,;" ,!I (.. ,,#\ '.d! .!;:;== ..--~.. /; '-__-:..-=:JI :. ~ r;r.- r ',' ,~ -'<. /' ~, ' ~ '-""-="'" ~ < C Z :;:) o aJ ~ en > :5 :;:)' :I: o U. o ~ () :Ii ~ ~ ~ ~ :<C::!: ~ ~f- ;! ~1~1~ 0> ~ J ~If;f 8~ ~ j tF I' Z I :S _ .. .!J .. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 9 OF 118 TABLE 21.: STATE HOUSING ELEMENT REQUIREMENTS CALIFORNIA, 1999 Required Housing Element Component Page 1. Housing Needs Assessment a. Analysis of population trends 11 b. Analysis of employment trends 23 c. Projection and quantification ofChula Vista's existing and projected 65 housing needs for all income groups d. Analysis and documentation ofChula Vista's housing characteristics 26 e. An inventory of land suitable for residential development including vacant sites and those having redevelopment potential and an analysis of the 70 relationship of zoning, public facilities, and services to these sites f. Analysis of existing and potential governmental constraints upon the 33 maintenance, improvement, or development of housing for all income levels g. Analysis of existing and potential non-govemmental constraints upon the 45 maintenance, improvement, or development of housing for all income levels h. Analysis of special housing needs including those of handicapped, elderly, 16 large families, single-parent households, and farm workers l. Analysis of the m;eds of homeless individuals and families in Chula Vista 19 J. Analysis of opportunities for energy conservation with respect to residential 74 development 2. Goals and Policies a. Identification of Chula Vista's goals and policies relative to the 81 maintenance, improvement, and development of housing 3. Implementation Program a. Identify adequate sites which will be made available through appropriate action with required public services and facilities for a variety of housing 70 types for all income levels b. Programs to assist in the development of adequate housing to meet the needs oflow- and moderate-income households and other special needs 83 groups c. Identify, and, when appropriate and possible, remove governmental constraints to the maintenance, improvement, and development of housing 33 in Chula Vista d. Conserve and improve the condition ofthe existing and affordable housing 83 stock in Chula Vista PAGE 10 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 I. NEEDS ASSESSMENT This section of the Housing Element discusses housing needs in Chula Vista. The major components of this need are the City's population, household, special needs groups, land use, employment, and housing stock characteristics. This needs assessment serves as the basis for identifying the appropriate goals, policies and programs for the City to implement during the 1999-2004 housing element cycle. Population Characteristics Population Growth Since 1990 In 1990, the population of the San Diego region was 2,498,016. It is estimated that by 1998 the region's population had grown to 2,795,780, an increase of 11.9 percent. During this same time Chula Vista's population increased by approximately 19.9 percent. Refer to Table 1, Population Growth Chula Vista and San Diego Region 1990-1998. TABLE 3: POPVLA nON GROWTH CHVLA VISTA AND SAN DIEGO REGION 1990- 1998 Year (Jan 1) Chula Vista San Diego Region Chula Vista as % of the R~on 1990 135,163 2,498,016 5.4% 1991 138,262 2,539,583 5.4% 1992 141,015 2,583,470 5.5% 1993 144,466 2,614,222 5.5% 1994 146,525 2,638,511 5.6% 1995 149,791 2,690,255 5.6% 1996 153,164 2,690,255 5.7% 1997 156,401 2,729,054 5.7% 1998 162,106 2,795,780 5.9% Total Increase 26,943 297,764 % Increase 19.9% 11.9% Source: State Department of Fmance Revised Annual January 1, 1997 estnnates. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 11 OF 118 Projected Population As indicated in Table 4, Chula Vista's population is expected to increase by 82.28 percent between 1995 and 2020, an increase of approximately 124,362 people. Compared with the 44 percent growth for the region. For the period approximating the housing element period (1998 to 2005), Chula Vista's population will increase by 28 percent, an increase of 46,000. This compares to a regional increase of 15 percent. TABLE 4: PROJECTED POPULATION GROWTH Year Chula Vista San Diego Region 1995 151,093 2,669,200 1998 162,106 2,795,780 2005 208,107 3,223,474 2010 233,313 3,437,697 2020 275,455 3,853,297 Total Increase 124,362 1,184,097 % Increase 82.3% 44.4% Source: SANDAG Preliminary 2020 Cities/County Forecast, February 1999, State DOF March 1998 Age Characteristics Housing demand within the market is often determined by the preferences of certain age groups. Traditionally, both the young adult population (20-34 years of age) and the elderly population tend to favor apartments, low- to moderate-cost condominiums, and smaller single-family units. Persons between 35 and 65 years often provide the major market for moderate- to high-cost apartments and condominiums and larger single-family units because they tend to have higher incomes and larger sized households. Chula Vista's largest population group consists of persons between the ages of 20 and 34 (22 percent of the population), compared to approximately 24 percent for the region. The median age in Chula Vista is 32.7 years; County median is 28.8. Refer to Table 5, Population by Age Group. PAGE 12 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE 5: POPULATION BY AGE GROUP Age Chula Vista Region Population Percent Population Percent Under 5 14,789 9% 234,317 8.4% 5-19 34,085 22% 588,971 21% 20-34 34,843 22% 658,568 23.6% 35-44 24,228 16% 460,224 16.5% 45-54 17,591 11% 328,180 12% 55-64 12,097 8% 204,891 7% 65 and older 18,515 12% 319,634 11.5% Total 156,148 100% 2,794,785 100% Source: SANDAG Demographic Characteristics Estimates, March 1998 Race/Ethnicity Characteristics Ethnicity tends to correlate with other characteristics such as family size. Table 6 shows that in Chula Vista, the population is diverse, with no single race/ethnic group predominating. TABLE 6 :ClIANGE IN POPULATION BY RACE 1990 -1997 Population 1990 1997 Percent Change White (non-Hispanic) 49.8% 44.0% -5.8% Black (non-Hispanic) 4.2% 4.6% 0.4% Hispanic (all races) 37.3% 42.0% 4.7% Asian/Other (non-Hispanic) 8.5% 9.5% 1.0% Total Population 135,163 162,047 20% CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 13 OF 118 ____,.___-c_..____"~. d..._ .... ~_ Household Characteristics In 1998, an estimated 951,818 households (also known as occupied housing units) were in the region, an increase of seven percent since 1990. In Chula Vista, there were an estimated 53,968 households, 5.7 percent of the region's total. Projected Households Between 1998 and 2005, the number of households in the San Diego region is forecasted to grow by 136,884 households, a gain of approximately 14 percent. By 2005, the number of households in Chula Vista is expected to be 67,769 households, an increase of 13,801 new households or 25.6 percent. The City will account for approximately ten percent of the region's increase in the number of households between 1998 and 2005. Household Size Household size is a significant factor in housing demand. Often household size can be used to predict the unit size that a household will select. For example, small households (one to two persons per household) traditionally can find suitable housing in units with zero to two bedrooms while larger households (three or more persons per household) can usually find suitable housing in units with three to four bedrooms. However, people's choices also reflect preference and economics. Thus, many small households prefer and obtain large units. Household size is also related to choice of locations. For example, the small household (single person/elderly) is usually not as concemed with the quality of the school system in an area. In 1998, the average number of persons per household in the San Diego region was 2.83 persons per household. Chula Vista has an average of 3.0 persons per household, representing a slight increase from the 2.8 household size in 1990. The preponderance of new single-family homes built in Chula Vista in recent years has contributed to the increase in the average number of persons per household. Single-family homes are typically larger, have more bedrooms, and therefore are able to house a larger number of people than a smaller unit. Household Income Income levels influence the range of housing prices within a community and the ability of the population to afford housing. As household income increases, the number of homeowners increases. As household income decreases, the number of households paying a disproportionate amount of their income for housing and the number of persons occupying unsound and overcrowded housing increased. The 1998 median household income of $42,516 in Chula Vista is very close to the region's median of $42,350. Table 7 shows the distribution of the household income. The income distribution in Chula Vista is very similar to that of the region as a whole. PAGE 14 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE 7: HOUSEHOLD INCOME DISTRIBUTION Income Chula Vista San Diego Region No. Percent Percent Less than $10,000 3,869 7.2% 7.2% $10,000 to $14,999 3,334 6.2% 5.8% $15,000 to $24,999 7,285 13.5% 13.6% $25,000 to $34,999 7,770 14.4% 14.3% $35,000 to $49,999 9,433 17.5% 18.8% $50,000 to $74,999 11 ,876 22.0% 20.6% $75,000 to $99,999 5,433 10.0% 9.6% $100,000 or more 4,968 9.2% 10.1% Total 53,968 100% 100% Source; SANDAG Population and Housing Estimates, January 1, 1998. Overcrowding According to SANDAG's review of overcrowding region wide, the combination of low income and high housing costs has forced many households to live in overcrowded conditions. The term "overcrowded" is applied to units with 1.01 or more persons per room exclusive of the kitchen and bathroom(sl Identifying the extent of overcrowded problems can serve as a waming sign that the community does not have an adequate supply of affordable housing and/or housing units for large families. According to the 1990 Census, there are 5,193 overcrowded housing units in Chula Vista, representing about 10.4 percent of the 49,849 total housing units. Region wide 17.5 percent of all housing units are overcrowded indicating that there is comparatively less overcrowding in Chula Vista than region wide. or those overcrowded units in Chula Vista 1,794 (35 percent) are owner-occupied and 3,399 (65 percent) are renter occupied. Region wide overcrowded households are 27.3 percent owner- occupied and 72.6 percent renter-occupied. 'Under state law a housing unit is not considered overcrowded if there is at least 120 square feet of liveable space for the first two people and an additional 50 square feet for each additional person. Liveable space includes all rooms except the bath, kitchen, and hallways. Note however that data are not available by this definition. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 15 OF 118 Overpayment Measuring the portion of a household's gross income that is used for housing can indicate the affordability of housing within a community. State and federal programs typically define housing cost burden as those lower-income households paying over 30 percent of household income for housing costs. Based upon the 1990 Census Data, 18,102 households or 38 percent of all households in Chula Vista pay more than 30 percent of their household income for housing as compared to 41 percent in the region. 6,991 of these households experience a severe housing cost burden, paying more than 50 percent of their income towards housing costs. Of the 18,102 households experiencing a housing cost burden, 58 percent are renter households and 42 percent are homeowners. Those extremely low-, very low- and low-income renter households are more greatly affected. Approximately 83 percent of extremely low-income, 87 percent of very low-income, and 56 percent of low-income renters are paying more than 30 percent of their income towards housing costs. Approximately 64 percent of extremely low- income, 49 percent of very low-income, and 39 percent of low-income homeowners are paying more than 30 percent of their income towards housing. Special Needs Groups There are some populatiofl groups that have been identified as having a need for special or alternative types of housing. These special need populations have difficulty finding appropriate housing to meet their needs due to economic, social, mental, or physical conditions. These groups are the elderly, persons with disabilities, large families, single-parent households, the homeless, farm workers, day laborers, and students. Many of these groups overlap. For example, many farm workers are homeless and many elderly people have a disability. The Elderly The limited incomes of many elderly persons often make it difficult for them to find affordable housing. In the San Diego region, the elderly spend a higher percentage of their income for food, housing, medical care, and personal care than non-elderly families. Many elderly persons need some form of housing assistance. In 1990,6.3 percent of the San Diego region's residents aged 65 and over were living in poverty. The elderly population comprises about 12 percent of the estimated population in Chula Vista or 18,515 persons according to SANDAG's March 31, 1998 Demographic Characteristics estimates. Elderly is defined as 65 years or older. The housing needs of the elderly include supportive housing, such as intermediate care facilities, group homes, and other housing that may include a planned service component. Needed services related to the elderly households include personal care, health care, housekeeping, meals, personal emergency response, and transportation. PAGE 16 OF 118 CITYOFCHULA VISTA HOUSING ELEMENT 1999-2004 According to the 1990 Census data for the City, approximately 6,199 elderly households are low- income and a majority, (58 percent) are homeowners. Of those elderly households renting their home, 40 percent are estimated to pay more than 50 percent of their income for housing. Elderly households constitute nearly 31 percent of all Chula Vista low-income households (20,290 households). Of the total low-income renter households 20 percent are elderly, and of the total low-income homeowners, nearly half (49 percent) are elderly. Persons with Disabilities According to the U.S. Bureau of the Census, a person is considered to hava v CITY OF CHULA VISTA PAGE 17 OF 118 HOUSING ELEMENT 1999-2004 .._^-_.,-,._----- -.-..., _.*........^-,-~--- TABLE 8: MOBILITY AND SELF-CARE LIMITATION BY AGE Description 16 to 64 years 65 to 74 years 75+ years Total Mobility limitation only 1,120 509 803 2,432 Self-care limitation only 2,093 427 237 2,757 Mobility and self-care 955 349 698 2,002 limitation only Total 4,248 1,424 1,738 7,191 Source: 1990 U.S. Census (STF3), Table P69 Disabilities can hinder the ability of a person to eam adequate income. "The U.S. Bureau of the Census estimates that 70 percent of all people with severe disabilities are unemployed and rely upon fixed monthly disability incomes which are rarely adequate for the payment of market rate rent.,,3 The California Right to Housing Campaign estimates that 15 percent of persons with disabilities in the State of California were living below the poverty level in 1988. Housing advocacy groups report that people with disabilities are often the victIms of discrimination in the home buying market. People with disabilities, whether they work or receive disability income, are often perceived to be a greater financial risk than persons without disabilities with identical income amounts. The nonprofit National Home of Your Own Alliance estimates that only two percent of this population own their home compared to the overall homeownership rate of 66 p~rcent.4 Large Families Large families, defined as five or more persons, usually require units with three or more bedrooms and pay a larger part of their monthly income for housing. They often have lower incomes and frequently live in overcrowded smaller units, which can result in accelerated unit deterioration. According to 1990 census data, 6,592 (14 percent) of Chula Vista's 47,824 total households are large families of five or more persons as compared to 13 percent region wide. Of those 6,592 large-family households in Chula Vista, 4,088 (62 percent) are owners and 2,504 (38 percent) are renters. Single Parents Single parents comprise a significant portion of lower-income households "in need." Single- parent households often require special consideration and assistance because they tend to have lower incomes and a greater need for day care, health care, and related facilities. (SANDAG:RHNS:page 137) 3National Partners in Homeownership, KeyNotes, "Reaching People with ~isabilities,'' 1998, Page 3. 4lbid PAGE 18 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 1990 census data indicate that 10.31 percent of the City's total households are headed by single parents as compared to 9.3 percent region wide. Of these 4,902 households in Chula Vista, 994 (20 percent) are headed by males and 3,908 (80 percent) by females. Of the female single-parent households, 1,411 live below the poverty level, that is three percent of the total households. Homeless Throughout the country. and the San Diego region, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include a lack of housing affordable to low and moderate income persons, increases in the number of persons whose incomes fall below the poverty level, reductions in subsidies to the poor, drug/alcohol abuse, and the de- institutionalization of the mentally ill. The most recent legislation governing housing elements (Section 655831[1][6]) mandates that municipalities address the special needs of homeless persons within their jurisdictional boundaries. As defined by the U.S. Department of Housing and Urban Development an individual or family who is homeless: 1. Lacks a fixed, regular, and adequate nighttime residence; or 2. Has a primary nighttime residence that is: · A supervised 'publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); · An institution that provides a temporary residence for individuals intended to be institutionalized; or · A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition does not include persons living in substandard housing (unless it has been officially condemned); persons living in overcrowded housing, or persons being discharged from mental health facilities (unless the person was homeless when entering and is considered to be homeless at discharge). A report prepared by the Regional Task Force on the Homeless in May 1998 states that the total homeless population in San Diego County is estimated at 15,000, with approximately 47 percent or 7,000 persons being resident farm workers and day laborers. Within Chula Vista the homeless population is estimated at 500 urban homeless and 100 homeless day laborers. Approximately 158 of the total homeless population are enrolled in local transitional shelter programs each day. According to South Bay Community Services (SBCS), the homeless in Chula Vista are primarily families and many of those are the result of domestic violence. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 19 OF 118 _...-.--.__ ..__..____'__.m ---------..------.- The Regional Task Force on Homeless estimates that families account for approximately 25 percent of the urban homeless population in the region and probably represent the fastest growing segment of this population. Studies conclude that half are victims of domestic violence. Single adults account for approximately 70 percent of the urban homeless. The majority of single adults are young males. Approximately 40 percent of urban single-homeless men are veterans. The remaining homeless population is comprised of chronically homeless youth and elderly persons. Social service and homeless providers address the supportive service needs of the homeless, as well as housing needs. The many and various needs of the homeless include emergency shelter, transitional housing, social services (i.e., job counseling/training), mental health services, and general health services. Existing service agencies indicate that a growing need exists for limited- term shelter or transitional facilities for homeless individuals and families. Emergency Shelters and Transitional Housing Facilities Many organizations located in other cities offer shelter for the homeless population currently residing in Chula Vista. Table 9 lists the shelter locations both in and near Chula Vista that are known to serve Chula Vista's homeless population. South Bay Community Services (SBCS) is the primary social service agency that provides homeless shelter and services within Chula Vista. SBCS operates four transitional living programs in Chula Vista and participates in the FEMA and County of San Diego HotellMotel Voucher Program. TABLE 9: SHELTERS FOR THE HOMELESS SERVING SAN DIEGO - SOUTH BAY Agencies Program Name Target Special Needs Bed City Population Spaces Seasonal Emergency Shelter Ecumenical ISN Rot'l Council of SD Shelter - South General General 12 Regional Bay (mid Oct- Population Homeless County March) TransuionalShelter MAAC Project Nosotros Adult Men Only Substance 13 Chula Abuse Vista South Bay Casa Nuestra General Chula Comm. Services Shelter Homeless Youth Homeless 8 Vista (SBCS) SBCS Casa Nueva Families General 45 Chula Vida Shelter w/Children Homeless Vista Families Victims of Chula SBCS Casa Segura w/Children Domestic 40 Vista Violence PAGE 20 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Agencies Program Name Target Special Needs Bed City Population Spaces Transitional Families General Chula SBCS Housing 40 Program w/Children Homeless Vista Winter Hotel/Motel Vouchers (November through April) MAAC Project Hotel/Motel Families At-Risk Vouchers w/Children w/disabilitv SBCS Hotel/Motel Families At-Risk Vouchers w/Children w/disabilitv Total Beds 158 Definitions: Seasonal Emergency Shelter A program which provides shelter and support services during a limited portion of late Fall and Winter months. Transitional Housing Temporary housing and support services to return people to independent living as soon as possible, and not longer than 24 months. Source: Regional Task Force on the Homeless Homeless Prevention Programs and Services For the last few years, the City has allocated Community Development Block Grants (CDBG) funds to SBCS for youth and family support services, housing services, and economic development opportunities. 'Located in Chula Vista, SBCS offers assistance to persons who are "near homeless" through coordination of available services and financial resources and counseling in such matters as financial management and family support. For those persons or households who may be threatened with homelessness due to financial difficulties, Consumer Credit Counselors of San Diego and Imperial County is a non-profit organization that helps persons or households in financial difficulties. Their offices are located in Chula Vista. They provide educational classes teaching the wise use of credit and money management, and using community resources, counseling, and debt management programs for those who want to avoid bankruptcy. Farm Workers and Day Laborers Farm workers and day laborers are described as those individuals who live in the area and work regularly in the fields or in causal labor situations. Due to the rapid suburbanization of Chula Vista, very little of the County's agricultural employment base is left in the area. According to SANDAG's 1995 Employment Inventory, there are only 63 agricultural workers in Chula Vista, which is only 0.2 percent of the employment base, and 0.6 percent of the workers in agriculture, forestry, fishing, and mining region wide. Chula Vista's day laborers may work on small construction jobs and odd jobs. Similar to the farm workers, day laborers are often here temporarily and may choose to be homeless in order to send their earnings home to their families rather than using their resources for housing. This was CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 21 OF 118 seen in 1995 when the City of San Diego met some resistance from farm workers and day laborers who were offered to be relocated from encampments into apartments. It is difficult to provide an accurate estimate of this population due to this population's geographical, linguistic, and cultural isolation. The Regional Task Force on the Homeless has roughly estimated a rural homeless population of 100 day laborers in Chula Vista. Almost all are single men. Students Students can impact housing demands in areas that surround universities and colleges. Typically students are low-income and are therefore affected by a lack of affordable housing, especially within easy commuting distance from campus. They often seek shared housing situations or live with their parents to decrease expenses and can be assisted through roommate referral services offered on- and off-campus. Chula Vista is the location of Southwestern Community College with an enrollment of 17,716 for Fall 1999. Most (70 percent) are part time students and only 27 percent are new enrollees. The average age is 26.8 and 83 percent are ethnic minorities. Sixty-six percent of the students intend to continue their education at a four-year university. The majority of students are employed and 37 percent live in Chula Vista. When surveyed about their needs, none indicated a need for housing. There is no housing office on campus and the college administrators have not heard about housing problems from the students. The Olympic Training Center represents a unique student need in Chula Vista. Approximately 120 of the athletes require short-term stays of one to two months and use the four dormitories at the Center. Approximately 75 athletes require year-round housing, 25 of whom reside at the Center and 50 reside in the nearby community. The average age is 25 years and the average income is under 50 percent of the area median income. Approximately 75 percent are female and 25 percent are male. Land Use Characteristics In 1995,74 percent of the land in Chula Vista was developed, leaving 3,578 developable acres. Since 1995, Chula Vista has annexed additional lands that significantly increase the development capacity in the City. Western and Eastern Chula Vista have distinctive land use character. Western Chula Vista is completely developed with opportunities for minor in-fill projects, housing rehabilitation, and redevelopment. Eastern Chula Vista is a newly developing area characterized by master planned communities. In 1997, Chula Vista annexed approximately 9,089 acres of vacant land in Eastern Chula Vista, most of which was subject to a joint planning effort with the County of San Diego. Two additional master planned areas, San Miguel Ranch and Bonita Meadows, are expected to annex into the City prior to 2004. In Western Chula Vista an estimated 83.89 acres are vacant, for a potential of 519 units. In Eastern Chula Vista there is capacity for approximately 29,565 units (this includes the capacity of the two areas that are expected to annex by 2004). Employment Characteristics In the San Diego region, employment growth out paced population growth between 1980 and 1990. The decade recorded a gain of more than 313,400 jobs, an increase of 47.4 percent, while population increased by 67,9,772 people, a growth rate of 34 percent. During the recession, between 1990 and 1996, employment grew only four percent (39,800) while population grew 8.1 percent (202,021 people).' Between 1990 and 1994 more low paying than high paying jobs were created in the San Diego region. High paying jobs increased by 31.4 percent while low paying jobs increased by over 43 percent. In addition, the real wages of high paying jobs have decreased seven percent, while wages in low paying jobs have decreased 15 percent over the same time period (wages adjusted for inflation).6 Chula Vista is forecasted to be one of the fastest growing employment centers in the region because of land available for employment center development, access to major transportation corridors such as Interstate 8 and 805, and its proximity to the U.S.-Mexico International Border. 5 Source: SANDAG Evaluating Economic Prosperity in the San Diego Region: 1998 Update page 56 6 Source: SANDAG Evaluating Economic Prosperity in the San Diego Region: 1998 Update page 6 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 23 OF 118 Table 10 indicates major employers in the City of Chula Vista and approximate number of employees. TABLE 10: CHVLA VISTA MAJOR EMPLOYERS Business Type Employees Non-Retail B.F.Goodrich Aerospace (formerly Rohr, Inc.) Manufacturing 2,344 Sharp Chula Vista Medical Center Hospital 883 Scripps Memorial Hospital Hospital 660 American Fashion, Inc. Manufacturing 388 United Parcel Service Parcel Delivery 311 Retail Wal-Mart General Merchandise 349 Costco Wholesale (2 stores) General Merchandise 336 Warehouse Sears Department Store 300 Target (2 stores) General Merchandise 244 Warehouse Albertsons ( 2 stores) Grocery Store 226 Macy's Department Store 211 K-Mart (2 stores) General Merchandise 207 Warehouse Home Depot Building Supplies 206 Source: City of Chula Vista Finance Department PAGE 24 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Table 11 provides a 25-year projection of employment growth by sector for Chula Vista. TABLE 11: PROJECTED EMPLOYMENT BY SECTOR CHVLA VISTA 1995 - 2020 Employment Sector 1995 - 2020 Change 1995 2005 2010 2020 Number Percent Civilian Employment 45,996 67,643 73,200 87,533 41,537 90.3% Manufacturing 5,534 6,861 6,528 6,301 767 13.9% Transp., Comm., & Utilities 1,698 2,463 2,534 2,816 1,118 65.8% Wholesale Trade 2,208 4.096 4,779 6,172 3,964 179.5% Retail Trade 10,485 13,944 14,638 16,587 6,102 58.2% Finance, Ins. & Real Estate 2,318 3,418 4,050 5,541 3,223 139.0% Services 11,108 18,653 20,436 25,905 14,797 133.2% Government 7,632 10,897 12,331 14,516 6,884 90.2% Other* 5,013 7,311 7,904 9,695 4,682 93.4% Military Employment 0 0 0 0 0 0 Total Employment 45,996 67,643 73,200 87,533 41,537 90.3% Employment Housing Ratio 0.85 0.95 0.91 0.91 0.05 6% *Employment in agriculture, mining, and construction industnes, and self-employed and domestIc workers. Source: SANDAG Preliminary 2020 Forecast. February 1999 Employment is projected to increase by 21,647 jobs or 47 percent between 1995 and 2005, with the greatest numeric increases occurring in the services, government, and retail sectors (7,545, 3,265, and 3,459 jobs respectively). Given that retail trade and service jobs are traditionally lower paying, the need for affordability in the local housing market for these employees may be magnified, assuming that those retail trade and service employees also reside within the community. Housing should be created to match the growth of jobs and the corresponding average wages. Should housing be un affordable to those in these growing job sectors, these employees must seek housing in surrounding communities where housing costs are lower. Commuting Patterns Commuting patterns demonstrate the relation of housing to employment opportunities and are a component in the allocation of growth to localities. As a result of the increase in the economic base, employment levels and physical separation of housing and employment sites, the number of people commuting to work has increased. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 25 OF 118 The majority (73.6 percent) of Chula Vista residents drove alone to work as compared to 71 percent region wide, according to the 1990 census. Approximately 20 percent car-pooled or took public transportation. The remainder rode bikes, walked, or worked at home. The mean-travel time to work was 22 minutes. Housing Stock Characteristics In 1998, Chula Vista had a housing stock of 56,250 units. This is a growth of 12.8 percent from the 1990 total units of 49,849, which compares to a 7.3 percent increase region wide. Projected Housing Units Table 12 presents the housing unit projections for the City of Chula Vista and the San Diego County Region. The City's rate of increase between 1998 and 2005 in housing is more than double that of the region (31 percent vs. 13 percent). The approximately 17,000 new units will generally keep pace with the forecasted population increase of 46,000. TABLE 12: PROJECTED HOUSING UNITS Year Chula Vista Region 1995 53,961 996,684 1998 53,968 1,014,859 2005 70,928 1,153,736 2010 80,775 1,245,057 2020 96,518 1,404,231 Total Increase 42,557 407,547 % Increase 79% 41% Source: SANDAG PrelIminary 2020 Cities/County Forecast, February 1999; State DOF March 1998 Housing Type In 1998, the largest percentage (48.5 percent) of housing units in ChuIa Vista was single-family detached units, as compared to 50 percent region wide. Table I-HU below presents the type of housing units in Chula Vista in 1998. TABLE 13: TYPE OF HOUSING UNITS, 1998 Total Single Single Multi- Multi- Mobile Jurisdiction Housing Family Family Family Family Homes Units Attached Detached 2-4 Units 5+ Units Chula Vista 56,250 4,353 27,320 4,113 16,732 3,732 Region 1,014,859 88,128 508,020 74,430 297,373 46,908 Source: California State Department of Finance, January, 1999 PAGE 26 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Table ~14 shows that all types of housing units in Chula Vista will significantly increase between 1998 and 2020, with the exception of mobile homes, which is anticipated to decrease. TABLE 14: PROJECTED HOUSING UNIT TYPE CHULA VISTA, 1998-2020 Housing %of % of %of % of 1998 Total 2005 Total 2010 Total 2020 Total Type Housing Housing Housing Housing Single- 31,673 56.3% 40,990 57.8% 46,091 57% 54,180 56.1 % Family Multi-Family 20,845 37.1% 26,285 37% 31,068 38.5% 38,607 40% Mobilehomes 3,732 6.6% 3,653 5.2% 3,616 4.5% 3,731 3.9% Total Housing 56,250 100% 70,928 100% 80,775 100% 96,518 100% Source: SANDAG PrelImmary 2020 CItIes/County Forecast, February 1999 Housing Age Age of housing is often an indicator of housing conditions. Many federal and state programs use 0~e of housing as one factor,to determine housing needs and the availability of funds for housing and/or community development. Based on the 1990 census, approximately 13,000 units in Chula Vista are now or will be 50 years of age or older by 2004, meaning that older housing comprises approximately 23 percent of the total 1998 housing stock. The older homes are primarily located in western Chula Vista. TABLE 15: AGE OF HOUSING STOCK Units Year Built No. Percent Pre-1940 1,003 2% 1940-1949 3,474 6% 1950-1959 9,272 17% 1960-1969 11,518 21% 1970-1979 12,902 23% 1980-1989 11 ,680 21% 1990-1997 5,409 10% Total 55,258 100% CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 27 OF 118 These older units are a source of affordable housing stock for low- and moderate-income residents as rents and sales prices are usually lower the older the home. It is important for Chula Vista to preserve these units as affordable housing stock through careful monitoring, code enforcement, and rehabilitation. Housing Condition Housing condition is often defined in terms of substandard housing. Substandard housing units include those in need of repair and those in need of replacement. Indicators of the number of substandard housing units within a jurisdiction can include units built before 1940 or those lacking plumbing facilities. Age of housing or the lack of plumbing facilities is not always indicators of substandard conditions. Units may be considered substandard by the U.S. Department of Housing and Urban Development (BUD) if they were built before 1940 and have a value of less than $35,000. Only two percent ofChula Vista's housing stock was built prior to 1940 (Table l-I-J.!2). These pre- 1940 homes. are primarily located in western Chula Vista. Of the 19,838 owner occupied housing units reported in the 1990 Census, only 106 units or 0.5 percent were valued less than $35,000. According to the 1990 Census, 168 units lacked complete plumbing facilities. Of those units with plumbing deficiencies, 161 of the units were owner occupied and seven were rental units. Housing Tenure The total estimated number of occupied dwelling units for April 1990 was 47,824 according to the U.S. Bureau of the Census. Of these units, 24,487 (53 percent) were owner occupied and 22,337 (47 percent) were renter occupied. Region wide, 54 percent of the residents owned their own homes. Vacancy Rates Vacancy rates are an indication of housing supply and demand. High vacancy rates may indicate an over supply of housing and/or low demand for such housing. A prolonged high vacancy rate tends to discourage new construction, especially multi-family residential development. A low vacancy rate indicates a high demand relative to supply. A prolonged low vacancy rate tends to elevate rents in the rental stock. Vacancy rates between two to three percent are usually considered healthy for single-family housing; and five to six percent for multi-family housing. However, vacancy rates are not the sole indicator of market conditions, they must be viewed in the context of all the characteristics of the local and regional market. The region experienced low vacancy rates from 1974 to 1984. The increase in vacancy rates after 1984 was attributed to 1981 tax incentives that resulted in the construction of more rental PAGE 28 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 properties. This increase in new units caused the vacancy rate for multi-family units to rise to a height of8.9 percent in 1987. By 1990 vacancy rates had fallen to 6.2 percent. The San Diego County Apartment Association is the primary source of vacancy rate information in the San Diego region. The Apartment Association sends out surveys to its member rental property owners and managers throughout San Diego County twice a year. As this represents only a sampling of rental properties, the numbers do not represent the entire housing stock, but they assist in analyzing vacancy trends throughout the region. TABLE 16: VACANCY RATES CHULA VISTA 1996 TO 1999 Time Period Covered Units Surveyed Number Vacant Percent Vacant Fall 1996 1,953 84 4.3% Fall 1997 3,844 110 2.9% Fall 1998 5,090 69 1.4% Spring 1999 3,951 65 1.1% Fall 1999 6,040 44 0.5% Source: San DIego County Apartment ASSoc13tlOn, 1996-1998. With the recession over and continued growth in the region, vacancy rates have substantially declined. This coincides with an increase in rental rates. This trend will affect housing shortages, over-crowding and over-payment, particularly among low-income households. Housing Costs Housing costs are indicative of housing accessibility for all economic segments of the community. Typically, if housing supply exceeds housing demand, housing costs will fall. If housing demand exceeds housing supply, housing costs will rise. In Chula Vista, housing costs are less than the median for the entire region as shown on Table ~ lZ. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 29 OF 118 TABLE 17: HOUSING COSTS -1998 Jurisdiction Median Cost of Average Rents Resale Housing Studio 1 bedroom 2 bedrooms I 3 bedrooms Chula Vista $177,000 $390 $542 $638 $692 Carlsbad $285,000 $480 $618 $781 $2,500 La Mesa $185,000 $487 $578 $707 $930 El Cajon $184,000 $405 $485 $581 $807 Imperial Beach $144,000 $440 $489 $598 $790 Oceanside $168,000 $466 $556 $697 $889 San Diego Region $195,500 $448 $543 $685 $916 Source: SANDAG Regional Housing Needs Statement, 1999 At-Risk Units Housing element law requires jurisdictions to provide an analysis and program for preserving affordability of assisted housing developments that are eligible to change from low-income housing uses during the next IO years. Currently, there are two housing developments (the Meadows of Chula Vista and Eucalyptus Parkview Apartments) which have units at risk of conversion to market rate housing within the next ten years. There are no HUD 236 contracts scheduled to expire during this period. The Meadows of Chula Vista is an 80 unit elderly-person complex, 32 units of which are low- income units. The earliest date of conversion is 2000. Eucalyptus Parkview apartments is a 53- unit complex, nine of which are low-income units. The earliest date of conversion is 2008. The units in both these complexes were created through a density bonus program at a time when the units were located in the unincorporated area of the County of San Diego. The estimated market value per unit is $45,000. Costs of New Unit or Preservation of Existing The estimated cost for producing new units to replace these 35 one bedroom and 6 two bedroom low-income units is $4,474,532. This estimate reflects an estimated average direct production cost as follows: PAGE 30 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE 18: AVERAGE PRODUCTION COSTS OF HOUSING Description Costs 1 Bedroom 2 Bedrooms (650 sq ft) (800 sq ft) Land Costs $25,000 per unit 25,000 25,000 Parking/Landscaping/Common $20,000 per unit 20,000 20,000 Areas Construction Costs $63/sq ft 40,950 50,400 Chula Vista Developer Fees $21,802 per unit 21,802 21,802 TOTAL $107,752 $117,202 This cost could increase depending on land costs and infrastructure needs to support the construction of new low-income units. The estimated cost of preserving the units by purchasing an affordability covenant is shown on Table 19 below. TABLE 19: ESTIMATED COST OF RENT SUBSIDIES CHULA VISTA, 1999 No. Annual Development Assisted Market Assisted Affordability Total Subsidy Units Rent Rent Gap Gap/month Required Meadows 32 $497 to $446 to $51 to $46 $1,600 (@ $19,200 1055 Granjas $507 $461 $50/month) Eucalyptus $700 to $575 to $1,125 Parkview 9 $875 $725 $125 to $150 (@$125/month) $13,500 56 Fourth Ave Given the cost of new construction as compared to preservation, the City of Chula Vista will explore the option of purchasing affordability covenants for the 41 low-income units at these two apartment complexes. Subsidy payment would be made annually, and would most likely be funded with redevelopment set-aside funds or Community Development Block Grant funds. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 31 OF 118 This page is intentionally blank. PAGE 32 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 II. CONSTRAINTS TO HOUSING PROVISION Actual or potential constraints on the provision of housing and the cost of housing affect the development of new housing and the maintenance of existing units for all income levels. Governmental and non-governmental constraints are discussed below. Governmental Constraints Governmental constraints can limit the operations of the public, private and nonprofit sectors making it difficult to meet the demand for affordable housing and limiting supply in the region. Governmental constraints include growth management measures, land use controls, building codes, processing fees, and site improvement costs. Regional Land Supply The San Diego region is growing with a population growth of nearly one million persons over the next twenty years and a need for approximately 360,000 new homes to accommodate this growth. In accordance with SANDAG's 2020 Regionwide Forecast, based OR the current collective general plans of the region's cities and the county lack sufficient residential capacity to ,!.leet this demand., In addition, much of that capacity is represented in lower-density ~ r.::gion's single family designations in areas outlying from existing and planned employment ~rcas and regional activity centers.hom@ d@flsities are too 10'1', cities Ha,'@ desigflat@d afl c"cessiY@ aJll0lHlt of residential acr@ag@ fur rtlral resid@ntial us@ and there is iflsuffici@flt land planRed for multifamily homes. In response to the anticipated growth of the region and the assessment of existing land use plans, SANDAG has developed a strategy for regional growth management called Region 2020. The City of Chula Vista City Council has adopted !! Resolution of Support for REGION2020 and the "smart growth" principles embodied r@commeRdatioRs in the LaRd Us@ Distributiefl ol=-the Regional Growth Management strategy: aHd has suffici@nt land plaRRed for Unlike some of the region's other cities, Chula Vista also has a substantial inventory of land available for residential development, including both single family and multi:family homescapacity. Land Use Controls Land use controls take a number of forms that affect the development of residential units. These controls include General Plan policies, zoning designations (and the resulting use restrictions, development standards, and permit processing requirements), development fees and local growth management programs. The City's Growth Management Program ensures that quality of life standards are maintained as the City grows. Unlike many local growth management programs, Chula Vista's program does not place a numerical limit or cap on new dwelling units. THes@ controls implemeRt tIhe General Plan, 'Nhich establishes the overall character and development of the community. Chula Vista's General Plan designates substantial areas of vacant land for residential development at a variety of densities. Most of the vacant land is located within eastern Chula Vista and will be developed within master planned communities CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 33 OF 118 under the "Planned Community (PC) Zone"l which permits varied densities and the use of flexible development standards. The section on Housing Opportunities presents more detailed information on the availability of residentially zoned land. In summary, there is sufficient vacant land in Eastern Chula Vista to accommodate 29,56528,569 additional units. Of these units, 41 percent will be higher density multi-family (Medium High at 11 to 18 units/acre and High at 18 to 27+ lmits/acre). --aOO aAnother 11 percent will be in the 6 to 11 units/acre range which typically generates patio homes/townhomes. The remaining 48 percent are at densities for single-family homes (mostly Low Medium at 3 t06 units/acre, and some Low at 0 to 3 units/acre). The residential zoning designation controls both the use and development standards, and influences the housing to be developed. There are currently six different zones that allow residential development by right in Chula Vista. Another seven zones conditionally allow residential development. More specifically, t+he Zoning Ordinance includes a Mobilehome Park (MHP) zone, geuEity bonuE pw"isionE, mixed-use development zones, and the construction of residential projects in certain commercial zones. Chula Vista allows dwelling groups, two or more detached dwellings on one parcel with a common yard or court, by right in the R-2 zone and with a Conditional Use Permit (CUP) in the RE & Rl zones. All zones require site plan and architectural approval. Housing developments for seniors may be allowed in any zone except the R-l, R-2, C-V, CoT, and industrial zones. Because the residents of such developments have dwelling characteristics which differ !Tom those of families and younger persons, it is not appropriate to apply all of the normal zoning standards. Senior housing is allowed with a CUP and the Planning Commission and City Council may make exceptions to the density, off-street parking, minimum unit size, open space, and such other requirements as may be appropriate. The Planning Commission and City Council may also adjust required setbacks, building height, and yard areas as appropriate to provide an adequate living environment both within the development and on nearby properties. Any exceptions and adjustments shall be subject to the condition that the development will be available for occupancy by seniors only. The City does not have a provision for accessory dwelling units. Accessory structures are a permitted use in any R zone, however they are not allowed to have a kitchen and are not intended as living quarters. Guest houses are permitted as accessory uses in the Agriculture and Residential Estate (RE) zones subject to provisions in the Municipal Code and not rented or otherwise conducted as a business. Table 20 and Table 21, below, show the allowed or conditional uses and development standards for each of the zones, as well as referencing the chapter of the Zoning Ordinance containing the applicable zoning regulations. PAGE 34 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE 20: ZONES ALLOWING RESIDENTIAL DEVELOPMENT BY RIGHT \ Zone/Applicable AUowed Residential' Minimum Lot. Building ----. .... ;.; .. ;Ordin.allce:' . Uses ,..,...., Lot Area . Coveraj(e. Height Agriculture ( 19.20) single family dwelling, One unit per N/A 35 feet - manufactured home or parcel or lot mobile home R-E - Residential single family dweiIings 20,000s.f. 45% 28 feet Estates (19.22) ave.; 15,000 s.f. min. R-l - Single Family single family dwellings 6.000s.f. 50% 28 feet Residence (19.24) R-2 - One and Two single family, duplex, 7,000s.f. 55% 28 feet Family Residence or attached SF (19.26) dwellings MHP - Exclusi ve Mobile home parks By plan By plan By plan Mobilehome . Park (19.27) R-3 - Apartment Multiple dwellings, 7,000s.f. ~ 28 to 45 feet Residential (19.28) townhomes or duplexes m1O. maximumBy max. - building setbacks site; min. 1350s.f. per unit - PC - Planned By plan (see Table 32 By plan By plan By plan Community (19.48) for types & capacities 10 approved PC pro i ects) TABLE 21: ZONES CONDITION ALL Y ALLOWING RESIDENTIAL USES Zone/Applicable Ordinance? ,.... ResidentialusesAuo~ . Conditions for.Residential ',", ;tf7~~:,1;~~~~~;l:.7.~t;~j1~:f' : .. '~i}: . .--':;.-;t';;~::L,~21:~1"'i:t~;t"':~'::-:'P'f;~',t~iii;" . '1ylW~:;:tl;::~-~t; i1se~:!jA~"'}t'!~-,:j~'~;,,,:'>. " -',: .. 'A .... CoO - Administrative and R-3 residential uses Per R-3 regulations. Professional Office (19.30) CoB - Central Business (19.32) R-3 residential uses Must be above ground floor commercial uses. C-C - Central Commercial Mixed commercial-residential CUP approval required. ( 1 9.36) projects I-R - Research Industrial Single family unit as an Must be for the exclusive use (19.42) accessory use of caretaker. I-L - Limited Industrial Single family unit as an Must be for the exclusive use (19.44) accessory use of caretaker. I - General Industrial (19.46) Single family unit as an Must be for the exclusive use I CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 35 OF 118 '-'-'~"---" ,.-.........-.-... ',-.,.-.--- ....._._-_.._--.,"--~"-"----_._..._--_.__._-~_.._. -~_.- Zone/Applicable Ordinance } Residential.Uses Allowed/'" "Conditions for Residential I n.'. .,. Use /'" accessory use of caretaker. P-Q - Public/Quasi Public Single family unit as an Must be for the exclusive use (19.47) accessory use of caretaker. Some development standards, such as parking, are based upon use rather than the zoning designation. The parking standards for residential uses vary based upon the unit type. Single family homes and duplexes require a two car garage., Townhouses require two parking spaces to be provided in a garage or carport. Apartment parking standards are less restrictive: One and one-half parking spaces for each studio or one bedroom unit and two parking spaces for units with two or more bedrooms. No guest parking is required. As specified in Housing Element Progranl 3.3.2 - Development Standards, the City will evaluate and consider, on a case-by-case basis, the possibility of waiving or modifying certain development standards to encourage the development oflow and moderate-income housing. The City may provide a reduction or modification in site development standards, zoning code or architectural design requirements for those eligible affordable housing projects requesting such reductions or modifications consistent with Government Code Section 65925(h). Growth Management The following growth man~gement provisions exist in Chula Vista: a. Threshold Standards: Adopted in November 1987, the "thresholds" established performance criteria and standards for eleven public facilities and services to ensure residents' "quality- of-life" in conjunction with growth. They addressed such matters as minimum "Level of Service (LOS)" to be maintained on roadways, police and fire response times, minimum park acreage and library square footage per 1,000 persons, and guarantees for school, water, and sewer service as examples. b. The Standards included two types of implementation measures, those for application by staff on a project-by-project basis, and those to be applied Citywide on a periodic basis. For the latter, a Growth Management Oversight Commission (GMOC) was formed and tasked with an annual review and report on Citywide compliance. c. Growth Management Element: Incorporated with the General Plan Update in Apri11989, it sets forth the City's goals, objectives, and policies related to protection ofresidents' quality- of-life. This element established a City commitment consistent with the concept of the Threshold Standards and Controlled Residential Development Ordinance. d. Growth Management Program: Adopted in April 1991, it serves as the implementing mechanism for the Growth Management Element of the General Plan. It sets a foundation for carrying out City development policies by directing and coordinating future growth to ensure timely provision of public facilities and services. As such, its primary focus is Eastern Chula Vista where large tracts of vacant land are to be developed. The program PAGE 36 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 document sets forth guidelines for relating development phasing to facilities master plans at the project level, and establishes requirements for facilities guarantees at various stages of project planning and review. e. Growth Management Ordinance (Chula Vista Municipal Code Chapter 19.09): Enacted in May 1991, codifies Growth Management intents, standards, requirements, and procedures related to the review and approval of development projects. The principal foundation of the City's various measures is recognition that large scale future growth creates tremendous demands for public facilities and services, which if not adequately addressed, will result in shortages detrimental to public health, safety, and welfare. Development of the Growth Management Program involved preparation of several facilities master plans sufficient to support the land use base of the updated City General Plan consistent with adopted Threshold Standards. Preparation of those master plans included a comprehensive survey and analysis of existing conditions and levels of service. Although the Growth Management Program is targeted toward E;~astern Chula Vista where large vacant tracts of land are being developed, Threshold Standards are applicable Citywide. Through the Implementing Ordinance (Chula Vista Municipal Code, Chapter 19.90) discretion is reserved to exempt those projects which through their size and/or location do not possess potential to significantly impact facilities and services. This level of significance is defined through the environmental review process on each project, which specifically measures related facility and service needs, in comparison to Threshold Standards performance, and identifies if mitigating actions are necessary. . In such instance that a project, due to its location and/or timing, is required to provide a facility(ies) exceeding its needs, a benefit assessment is made to determine the amount and/or location of additional developments being served, and appropriate financing mechanisms and reimbursement agreements are then established. The City's ability to accommodate its Regional Share allocation is not impacted, as the measures do not establish any form of building cap. Rather than attempting to artificially limit growth, the measures are aimed at ensuring adequate and timely services and facilities for growth produced by market forces. Building Codes and Code Enforcement The City's Planning and Building department administers and enforces the California Building Code, which ensures construction in accordance with widely adopted health and safety standards. The City does not vary from these standards. The City of Chula Vista administers code enforcement programs designed to protect the health, safety, and welfare of its citizens. The City's Planning and Building department, in conjunction with the City Attorney's office, undertakes abatement proceedings for deteriorating and substandard housing or illegal housing units. The City's Code Enforcement Section of the Planning and Building Department currently detects and abates violations of the State and City CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 37 OF 118 Housing and Health Codes as they relate to substandard housing. The Code Enforcement Section administers the Community Appearance Program in an attempt to educate and encourage corrections of Code violations from reaching a point of costly remedy. On- and Off-Site Improvements The City has a variety of requirements established by both the Zoning and Subdivision Ordinances, such as development standards and off-site improvements. These requirements are those necessary to ensure adequate livability and lasting value in housing such as sewers, streets, curb-gutter-sidewalk, lighting, drainage, recreational open space, parking, etc. The City allows for the reduction of standards to help offset costs for senior housing projects. The City also considers the reduction of standards to help offset costs and financial participation in the construction ofinrrastructure for those eligible housing projects as a method of "additional incentive" under the State's revised Density Bonus Provisions. Fees and Exactions According to the BIA's 1999 Development Impact Fee Survey, the City of Chula Vista ranked sixth out of the 18 jurisdictions and the County of San Diego in average total residential development impact fees as shown in Table Il--l-22 below. Since fee values vary between and sometimes within jurisdictions, a method was needed to compare fees across jurisdictions. To accomplish this task, a prototypical structure was created for residential development. For the prototypical structure, existing fee levels by individual jurisdictions were applied. The prototypical structure encompasses characteristics representative of development averages. The BIA created a prototypical structure for residential development based on a three-bedroom, two-bath, single-family home with a 2,000-square foot living area, 400-square foot garage, and a 240-square foot patio. The construction was Type V, wood rrame construction. PAGE 38 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE II lTABLE 22: RESIDENTIAL DEVELOPMENT IMPACT FEES* AS LEVIED BY JURISDICTION, PER PROTOTYPE SAN DIEGO REGION, 1999 Solana Beach $32,458 Poway $29,974 Carlsbad $27,136 City of San Diego $26,586 San Marcos $24,267 Chula Vista $23,927 Santee $23,532 Escondido $20,999 Oceanside $20,695 Encinitas $18,850 Vista $17,041 County of San Diego $16,564 El Cajon $12,460 *Impact fees include fees colJected by non-city agencies (water, sewer, and school district fees) Source: BIA's 1999 Development Impact Fee Survey The ranking of these jurisdictions in respect to fees shows that cities with newly developing areas (where no facilities/services are now available) tend to have higher fees than those which are experiencing mostly in-fill development. Most new growth in the region will be in newly developing areas where high fees are needed to assure that new growth pays its way.7 The effect of these high fees can be partially mitigated by inclusionary programs where the affordability of the units is assured and development costs (including fees) can be spread over a large and varied mixture of housing types. In general, the City requires affordable housing projects to pay the same fees as market rate residential developments. When faced with high or increased development costs, these projects do not have the ability to pass these costs on to the project due to their budget limitations and rcnt restrictions. According to affordable housing developers, permit processing fees and local dcvelopment impact fees are one of the major governmental roadblocks to the production of affordable housing for low-income households. Based upon information obtained from tax credit applications of several affordable housing developments, local permit processing fees represent ten to fifteen percent (10 to 15%) of the development budget of these developments. Affordable housing developers strongly advocate the City to waive, reduce, or at a minimum, defer fees for affordable housing. 'Proposition t3 significantty hampers a jurisdiction's ability to raise general fund revenues for facilities/services for new growth. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 39 OF 118 Affordable Housing Program Inclusionary housing programs are seen as "the best, perhaps even the only, currently available means by which residential integration can be actively fostered" and housing affordable to a less affluent population provided.8 Without the availability of offsets and flexibility to such programs, inclusionary zoning can become a constraint or an exaction on new development by shifting the burden of subsidizing low-income affordability rrom government to private builders.9 Chula Vista has an inclusionary policy which requires all projects of 50 or more dwelling units to provide ten percent of the housing for low- and moderate-income households, with five percent affordable to low-income households. The requirements primarily affect those master planned projects in the developing eastern portion of Chula Vista. This program also provides for alternate methods of compliance including the dedication of land, off-site development, and in- lieu fee. The cost of compliance may be mitigated by regulatory concessions, waivers, bonuses, or financial assistance. The City typically participates financially in the development of affordable housing through a residual receipts loan to assist with development costs such as property acquisition and development fees. The City has also provided other regulatory concessions, such as reductions in parking and density bonuses as offsets. Processing and Permit Procedures To verify compliance with the variety of use regulations and development standards, development projects undergo varying degrees of discretionary review. The extent and duration of project processing varies widely by type of application. Table 23 below shows the types of discretionary review for residential development and their typical processing time and costs as of January 2001. The processing times listed below include the typical time of completing and reviewing a permit (time from the completed application date to final decision date). The costs listed are only permit processing costs and do not include any costs associated with facility impact or in-lieu fees. 8 Mallach 1984, Inclusionary Housing Programs: Policies and Practices. New Brunswick, NJ: Center for Urban Policy Research, Rutgers University. 9 Coyle, Timothy. 1994. Barriers to Affordable Housing. Memo for Housing Task Force Members, Department of Housing and Community Development (HCD). Sacramento, CA. November 2. PAGE 40 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 TABLE 23: DISCRETIONARY REVIEWS FOR TYPCIAL RESIDENTIAL DEVELOPMENTS Type of ...... Permits/Processes Typical Tvpical , :Typical Cost Development .' :".. Typically Approviu2 Processin2" . > (Full Cost lReQuired : . Entity Time. . ,Recoverv) ...' Single Family NONE House (I unit) or Duplex Design Review Zoning 6-8 wks $350 (Only In Precise Administrator Plan Districts (P) and Design Control Modifying Districts (D) ) Small MF Initial Study Decision 12-16wks $1.000 Deposit Project with or Making Body* without Parcel (DMB) Map (2-4 units) $1,000 Deposit Design Review Zoning 8-10 wks Administrator or Desi go Review Committee Medium-sized Initial Study *DMB 12-16 wks $1 ,000 Deposit Project with Tract Map (5- Design Review Design Review $1 ,000 Deposit 50 units) Committee 10-12 wks $1 ,000 Deposit Tract Map Planning Commission and/or City Council Large Project Initial Study *DMB 12-16 wks $1,000 Deposit with Tract Map Design Review (more than 51 Design Review $1,000 - $2,000 un~ Committee Deposit 10-12 wks Tract Map Planning $1,000 Deposit Commission and/or City Council CITY OF CHULA VISTA PAGE 41 OF 118 HOUSING ELEMENT 1999-2004 "'._-'--~'-- -~ ..~-....'---'--------- Notes: . Steps/pemlits for 2 or more units typically involve: o Environmental Clearance o Design Review Processing times overlap and are typically from acceptance of a complete application to final discretionary action. Costs: . . . o Includes permit processing fees, and do not include facility impact fees or in-lieu fees. o Small Project types typically is covered by the deposit o Medium to Large Projects often exceed the required deposit Environmental Review o Initial Study typically results in a Negative Declaration or Mitigated Negative Declaration or in some cases an Environmental Impact Report. o . Projects that are determined through the Initial Study to have significant environmental impacts require an Environmental Impact Report (EIR). Typical processing time would then be 12 to 14 months. For an ErR typically an additional $5,000 deposit is required. Residential projects requiring subdivision of land and additional regulatory approvals such as re- zonings will require longer periods of review than those for which only ministerial approvals are needed. ~\lbst:mtial dela);s ill processillg can exceed development estimates alld leads to increased costs. The costs resulting from the additional review time helps determine the true cost of housing as such costs are added to the price of housing and ultimately passed on to the consumer. The processing required, however, is necessary to comply with the law and ensure proper and thorough review without compromising environmental quality or public safety. Priority processing is utilized to reduce the processing time for the development of affordable housing. Through coordination with the Community Development Department, the Planning Division will continue to prioritize projects that provide affordable housing. The Planning and Building Department is structured to specialize staff in the various facets of planning a project (Community Planning Section, Environmental Section, Development Processing Section, etc). This enables staff with the greatest expertise on a particular aspect (such as environmental a review, design review, or site plan review) to "fast track" their review. Sections also coordinate internally to concurrently process all applications related to a single project, and in the case of large, master planned developments, staff teams are specifically assigned to process each development. Specialized staff teams and inter-division coordination results in substantial savings of time in achieving complete project approval and the start of construction. PAGE 42 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Affordable housing projects are extremely sensitive to processing and permit procedures that result in time delays. Such time delays in the processing of affordable housing projects lead to higher costs for the project and jeopardize available funding sources. When faced with high or increased development costs, these projects do not have the ability to pass costs on to the project due to their budget limitations and rent restrictions. Additionally, they are time sensitive due to the established deadlines for funding sources. Affordable housing developers strongly advocate the City to continue to utilize a fast track process for affordable housing. Federal and State Environmental Protection Regulations The CEQA (California Environmental Quality Act) requires environmental review for most proposed discretionary actions and for certain projects, review under NEP A (National Environmental Policy Act) is also required. The State and Federal Endangered Species Acts and the Clean Water Act can further affect project requirements, and in southern California, have largely brought about the Multiple Species Conservation Program (MSCP) which prescribes the assembly and management of large-scale habitat preserves to protect sensitive biological resources from the potential adverse affects of development. Chula Vista has a substantial amount of environmental constraints due to its natural resources, sensitive habitats and coastal location. Environmental reviews under the above noted regulations can directly affect the processing of projects and result in higher development costs. These costs are associated with the extent of required environmental evaluations and analysis, resulting mitigations, mandated public review periods, and the fees, timelines and requirements imposed by State and Federal agencies for the processing and granting of necessary permits. Costs rcsulting from the environmental review process are added to the cost of housing and are subsequently passed on to the consumer. However, the presence of these regulations helps to preserve the environment and ensure environmental safety and a better quality of life for residents. In order to minimize any delays, the City, whenever possible utilizes provisions within CEQA that allow for "tiering" of environmental reviews. This approach has been used for many of the rcsidential master planned communities in the City's developing eastern area. The first tier review includes analysis of general issues and impacts associated with the overall development in a broader Environmental Impact Report (EIR). Subsequent tiers include analysis of narrower plans and projects within later EIRs and/or Negative Declarations, focusing only on the impacts of individual projects that implement the overall development plan. Therefore, projects within subsequent phases of the development may proceed without the need for substantial additional environmental review, which can lead to relatively faster processing ofthese individual projects. With further regard to the MSCP, while the set-aside of land for habitat preserves can affect the location and amount of land available for housing, Chula Vista's proposed preserve configuration is largely in keeping with open space areas already established in the City's current General Plan. As a result, the City's proposed MSCP Subarea Plan does not have a substantive aft,:ct on the availability and capacity of land planned for new housing. Although the costs associated with mitigating habitat loss and assembling the preserve lead to higher costs ass,'ciated with development, the MSCP's comprehensive approach to establishing permissible CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 43 OF 118 development areas in relation to required preserve areas will effectively reduce the uncertainty as to mitigation requirements and costs for future development, than would have otherwise existed without the MSCP. Infrastructure Costs Proposition 13, a voter initiative which limits increases in property taxes except when there is a transfer of ownership, may have increased the cost of housing. The stream of funds received from increasing property taxes had been used as source for the financing of public infrastructure. Residential development cannot occur in the absence of supporting capital infrastructure such as streets, sidewalks, schools, parks, sewer, water, and electrical service. In the aftermath of Proposition 13, municipalities have looked to other financing mechanisms to raise funds to pay for the necessary infrastructure. Public financing of infrastructure has turned toward revenue, lease-obligation, and other bond sources. Additionally, under California law, cities and counties have the authority to require developers to pay for infrastructure improvement through fees, the dedication of land to public use, or the construction of public improvements. The use of development fees in place of public debt accelerated rapidly in the aftermath of Proposition 13. To the extent that cities continue to raise development fees to recover the infrastructure costs associated with growth, there is a risk that such costs will result in higher housing prices that reduce housing affordability. In effect, the initiative forced local govemments to pass on more of the costs of housing development to new home owners. The law also increased the initial cost of purchasing a home as future tax savings are imputed into the purchase price. Construction Defect Litigation With the cost of housing rising, there is a growing need to build more affordable, for-sale, single- family attached housing as a means to increase homeownership opportunities and affordable housing options. Construction defect litigation has served as a barrier to the production of this necessary rung in the housing ladder. California Civil Code provides that any construction defect action "may be brought against any person who develops real property or who is involved in the design and/or planning of the property". This provision, combined with the ten year statute of limitations, makes developers responsible for any defect that occ'urs, including ones that were not apparent at the time of construction. In the past decade, the expense of construction defect litigation and threat of litigation has resulted in a decrease in the number of new attached residential units being built (i.e., condominium, townhouse). From 1995 to 2000, numerous bills have been introduced to the State Legislature to address this issue. Construction defect litigation remains a barrier to the production of single-family attached housing. PAGE 44 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Non-Governmental Constraints A number of private sector factors contribute to the cost of housing. In 1998, for the construction of a single-family home costing $215,400, construction materials and labor accounted for approximately 33 percent of the total development costs. Land and site improvement costs accounted for 37 percent of costs; developer overhead marketing and profit accounted for 14 percent; fees accounted for ten percent; and financing costs accounted for six percent. The following is a discussion of these factors and their impact on affordable housing development. Land Costs Residential land prices contribute significantly to the cost of new housing. Location factors such as proximity to /Teeway access, public facilities, coastal views, and such intangible factors as image and quality of life contributes to demand and price of land. The cost of improving the land, grading and added in/Tastructure are also major contributors. Land zoned for higher densities command higher market prices. In 1998, land costs in the San Diego region ranged /Tom $65,000 to $230,000 per lOt.IO Residential land costs in Chula Vista, on average, are currently $200,000/acre, with the specific dollar/unit ratio obviously dependent upon zoning location and in/Tastructure. In surveying recent land purchases for several proposed single-family developments in the City, the average per lot cost for the raw land was approximately $40,000. Improved land costs can vary widely depending Upon the amount of improvements necessary including the amount of site grading to create buildable lots. As an example, a recently approved master planned project with 1,900+ units, has an estimated per unit site work cost of $22,500. Construction Costs Construction costs are the second highest component of new housing. Construction costs are the total costs to developers exclusive of profit, but including fees, materials, labor, and financing. In 1998, multi-family housing construction costs in Chula Vista average about $50 per square foot, excluding fees, land costs, and parking. Single-family home construction range /Tom $50 to $70 per square foot. The current housing recovery has left the region with a labor shortage that is leading to higher labor costs. II '.Source: Building Industry Association, 1998 "Source: Building Industry Association, 1998 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 45 OF 118 _._--~.-.'_._- ">-,-_._-- _.,.._....--.-._-~"-~- ..,,- Estimates used for the sample development pro-forma followed these cost assumptions: T<A.IILE II HABLE 24: COMPONENT COSTS IN MULTI-FAMILY HOUSING New Construction Unit Price $105,000 Land $ 25,000 (24%) Hard Costs (improvements, const.) $ 60,000 (57%) Soft Costs (arch., eng., marketing, etc.) $ 20,000 (19%) Chula Vista also participates in three programs that use volunteer labor (sweat-equity): Habitat for Humanity, Caring Neighbors, and Christmas in October. These programs have assisted in creating new or conserving existing affordable housing. Availability of Financing In 1998, interest rates in the San Diego region had fallen to their lowest levels in 30 years. Finance costs comprised approximately six percent of the total construction cost for a single- family house, a decrease of one percent since 1990.12 Interest rates also affect homeownership opportunities. In September of 1998, the posted interest rate on resale single-family homes was 6.34 percent on a 30-year, fixed-rate loan with a 20 percent down payment. On the median-priced home in San Diego County costing $199,000, the monthly interest and principal payment would be $990. In April 1989 when interest rates peaked at 11.3 percent, the comparable monthly payment on a median-priced home costing $174,000 was $1,359. According to 1998 HMDA data analysis, multi-family lending was made available in every census tract in the City for the purposes of new construction and/or purchasing of existing housing complexes and home ownership. Citywide multi-family (5+ units) lending exceeded $18,088,000 on 37 loans, and $37,339,000 on 370 non-occupant loans. Homeownership mortgage lending exceeded $293,185,000 on 1,742 loans. Capital available for development of affordable housing includes: Redevelopment Set-Aside, Community Development Block Grant (CDBG), HOME funds, Federal and State Low-Income Housing Tax Credits, lending institutions' commitment under CRA, and Multi-family Revenue Bonds. "Source: Building Industry Association, 1998 PAGE 46 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 III. EVALUATION This section analyzes the City's accomplishments during the 1991-1999 housing element cycle. This is done by evaluating the previous housing element, the City's success in meeting its goals, City progress towards meeting its Coastal Zone requirements, and fulfillment of the fair share housing goals. The evaluation is used to formulate goals and programs to be included in the 1999-2004 housing element. Evaluation of Previous Housing Element The 1991-1996 Chula Vista Housing Element contained a series of goals related to new construction, rehabilitation, preservation, and housing assistance. The following section reviews progress in implementing each of these action items. Effectiveness and Progress During the 1991-1999 planning period, Chula Vista has consistently provided a variety of new housing opportunities, both single and multiple family, in seeking to achieve a "balanced community." The City has approved several large master planned residential communities, each offering a wide range of residential densities, commercial services/employment, industrial employment, and recreational opportunities in a coordinated living environment. In order to ensure economic integration of neighborhoods, the City's Affordable Housing Policy requires these and other residential tlevelopments over 50 units to provide a minimum of ten percent of the units to low- and moderate-income households. Two sets of goals were set forth in the 1991-1996 Chula Vista Housing Element, both of which were generated by SANDAG. The first as shown in Table lli-1-25 below is the SANDAG allocation of "Fair Share" of affordable housing needed. These were the goals used to determine if a jurisdiction is eligible to self-certifY its 1999 Housing Element Update. Chula Vista had a Fair Share goal of 1,058 additional affordable housing opportunities and actually created 1,796. A listing of those 1,796 affordable housing opportunities created is provided in Appendix A to this document. Therefore, Chula Vista is eligible to self-certifY its 1999 _ 2004 Housing Element. T.A.BLE III ITABLE 25: CHULA VISTA 1991-1999 FAIR SHARE AFFORDABLE HOUSING GOALS AND PERFORMANCE 1999 Housing Element 1991-1999 Affordable Affordable Housing Fair Housing Performance Totals Share Goals 1,058 1,796 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 47 OF 118 ~".___.._._ .' ~._." _.M_' The second set of goals related to Regional Share of new home construction needs for all income groups. These goals are set forth in Table m-22 below. TABLE III-2 TABLE 26: REGIONAL SHARE COMPARED TO ACTUAL UNIT CONSTRUCTION 1991-1999 Very Low- Moderate- Above Total Description Income Low-Income Income Moderate Units Regional Share 1,232 628 131 335 2,326 Units Built 133 261 1,013 4,803 6,210 This table shows that the City made progress towards providing its overall fair share of new construction, but fell short in the very low- and low-income categories. However, this is partially mitigated by the significant number ofIow- anti very low-housing opportunities created through rental assistance. This indicates that in the 1999-2004 housing element cycle, the City should seek additional ways to work cooperatively with for-profit and non-profit corporations to meet the new housing needs ofIower-income households. Specific Progress Related to Housing Objectives The following evaluates bousing performance by the specific objectives set forth in the 199 1- 1996 Housing Element. OBJECTIVE 1 Achievement of a balanced residential community through integration of low- and moderate- income housing throughout the City, and the adequate dispersal of such housing to preclude establishment of specific low-income enclaves. Implementin2 Actions A. The Affordable Housing Program (AHP) requires a minimum of ten percent of each housing development of 50 or more units to be affordable to low- and moderate-income households, with at least one half of those units (five percent of project total units) being designated for low-income households. Responsible Agencies: Planning, Community Development Department, and Housing Advisory Committee. Quantified Objective: 437 newly constructed low-income units. Cumulative Results: 53 low-income units and 1 I 1 moderate-income units were constructed under the Affordable Housing Program. No in-lieu fees were collected. PAGE 48 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 T.\BLE III 3TABLE 27: AFFORDABLE HOUSING POLICY Low Income Moderate Income Projects Goal Achieved Goal Achieved Goal 437 0 0 0 Cordova 0 40 0 0 Sanibelle 0 0 0 72 Cabo 0 13 0 39 Total 437 53 0 111 Production of housing under this objective is directly the result of new home (market rate) construction. The objective set in 1991 of 437 assumed a level of market rate housing construction that did not materialize. OBJECTIVE 2 The provision of adequate rental housing opportunities and assistance to households with low and very low incomes, including those with special needs such as the elderly, handicapped, single-parent households, ~d large families. Implementin2 Actions A. Facilitate the Use of Federal Funding as Available. B. Facilitate the Use of State Funding as Available. C. Assist Non-profit Community Development Corporations. D. Encourage and Support Federally Assisted Housing Projects E. Support a Shared Housing Program F. Assist the County Housing Authority to Produce a Minimum of 80 Public Housing Units G. Encourage Use of the Density Bonus Program. H. Investigate Need for Single-Room Occupancy Hotels. Responsible Agencies: Planning Department, Community Development Department, and City Attorney. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 49 OF 118 Quantified Objectives and Cumulative Results: TABLE III HABLE 28: NEW RENTAL HOUSING OPPORTUNITIES Description Objectives Units Achieved Difference New Construction - Objective 2 Public Housing 80 38 (42) Senior Housing 75 75 0 Non-Profit Housing 69 18 (51) Density Bonus 63 3 (60) Senior Density Bonus 50 0 (50) Relocation Housing 100 28 (72) Subtotal 437 162 (275) Rental Assistance - Objective 2 New Section 8 (Certificates & Vouchers) 200 693 493 Shared Housing Program 300 243 (57) Subtotal 500 936 436 Total 937 1,098 161 From 1991-1999, the City continued to work cooperatively with non-profit corporations and other govemmental agencies to leverage resources to create rental housing opportunities, and in many cases housing for large families. The funding sources for new construction included tax credits and HOME. Working with the County Housing Authority and the Article 34 referendum authority (granted by voters in 1978), 38 family-sized public housing units were built. Section 8 rental assistance created the most affordable housing opportunities during this period. The City also assisted non-profit corporations such as South Bay Community Services (SBCS) with grants for capacity building as well as gap financing. Community Development Block Grant (CDBG) funds were also used for shared housing services provided by the Lutheran Social Services. Three additional rental housing projects are underway and will be completed during the 1999- 2004 housing element cycle. PAGE 50 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 OBJECTIVE 3 The broadening of available housing types and the increase of home ownership opportunities for low- and moderate-income households. Implementin2 Actions A Expand Home Ownership Opportunities through the Affordable Housing Program B. Distribute General Marketing and Home-Loan Information to the Public C. Institute First-Time Home Buyer Loan Programs D. Implement Community Reinvestment Home Loan Programs E. Explore Equity Share or Deferred Loan Programs F. Explore Participation in Sweat-Equity Projects G. Inform Seniors of the Reverse Annuity Mortgage Program H. Investigate Feasibility of Applying for Mortgage Credit Certificates I. Pursue Additional Tax-Exempt Single Family Mortgage Revenue Bonds J. Encourage Educational Programs for Homeowners Responsible Agencies: Community Development Quantified Objective: There were no quantified objectives. Cumulative Results: The City was successful in its application for an allocation of Mortgage Credit Certificates (:\!CC) and initiated the MCC program in September 1991 and issued the first certificate in December 1991. During the planning period, the City has issued 206 MCCs, with approximately 45 percent for low-income households. A sweat-equity appfoach was achieved through the City's financial participation in a Habitat for Humanity project in Chula Vista. The City provided funds for rehabilitation costs. Working with a private developer, the City explored the need for Single Room Occupancy hotels and discovered a limited market and no continuing interest by the for-profit or non-profit community to build. This experience also reconfirmed the priority needed for family housing, especially large families. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 51 OF 118 The City did not implement any specific homeowner education program or information distribution on the Reverse Annuity Mortgage. These programs, although generally good ideas, never rose high enough on the priority list and if implemented would not have resulted in new housing opportunities. OBJECTIVE 4 Preservation of mobilehome park living as a source of affordable housing. Implementing Actions A. Continue to provide grants to low-income families to rehabilitate their mobile homes through the Mobile Home Rehabilitation Grant Program (Trailer/Mobilehome CHIP Program). B. Explore upgrading trailer parks to allow conversion to exclusive mobilehome park zones. C. Monitor and enforce the City's Rent Arbitration Ordinance to protect the rights of mobilehome residents in preserving this affordable housing altemative. To provide financial assistance to low-income residents requesting arbitration through the Rent Arbitration Assistance Fund. D. Monitor and enforce the City's MobilehomelTrailer Park Conversion Ordinance to protect the rights of inobilehome residents. E. Assist mobilehome park residents to purchase their parks and convert to resident ownership by operating the City's Mobilehome Assistance Program and assisting with the application for other funding sources such as the State Mobilehome Assistance Program. F. Promote participation by referring eligible residents to the San Diego County Mobilehome Rent Assistance Program. G. Identify new programs in cooperation with the Western Mobilehome Park Owners Association to preserve the affordability of mobilehome park residency. Responsible Agencies: Community Development Department, City Attomey, Planning Department, Building and Housing Department, and Mobilehome Issues Committee Quantified Objective: There were no quantified objectives. Cumulative Results: The City provided rehabilitation assistance to 287 low-income single-family and mobilehome owners. PAGE 52 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 ---_._-"'--,_._~- ~-~--_..._.__.+_._- The City revised the rent arbitration ordinance to simplify the process, eliminate the fee and generally make it more user fi-iendly. Implementing the ordinance is on-going and two to three cases of contested rent increases are heard each year. The MobilehomelTrailer Park Conversion Ordinance has been triggered only once since 1991. The Twin Palms Mobile Home Park requested conversion. After hearings and analysis, closure of the Park was approved by the City Council. OBJECTIVE 5 The systematic renewal, rehabilitation, conservation, and improvement of the residential neighborhoods of the Chula Vista Planning Area. Implementin2 Actions A. Preserve At-Risk Affordable Housing Units B. Implement a Pro-active Neighborhood Improvement Program. C. Implement the Multi-Family Housing Inspection Program D. Removal of Dilapidated Structures E.. Implement Rehabilitation Programs F. Implement the Neighborhood Revitalization Program (NRP) G. Continue to Regulate Condominium and Stock Cooperative Conversions To Protect Existing Residents H. Encourage Educational Programs for Homeowners Responsible Agencies: Community Development Department and Planning and Building Department. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 53 OF 118 --_.~- Quantified Objectives and Cumulative Results: TABLE III STABLE 29: HOUSING REHABILITATION Description Objectives Units Achieved Difference Rehabilitation & Conservation Objective 5 At-Risk Units 528 300 (228) Single Family & Mobilehome Rehabilitation 200 213 13 Rental Rehabilitation 65 -0- (65) Total 793 513 (280) From 1990 to 1993 the City's Neighborhood Revitalization Program was implemented in the Otay neighborhood of Castle Park. CDBG funds were used to improve and enhance the area through various community design elements, upgrading infrastructure, and rehabilitation of homes. There were no proposals to convert apartments to condominiums or cooperatives. The City's Multi-family Housing Inspection program continues to be implemented. All multi- family housing in the City is inspected approximately every three years for conformance to minimum housing standar9s as established by State Law. The program accounts for 554 properties that include over 15,400 dwelling units. An additional 26 hoteVmotel properties with over 1,600 units are inspected as well. OBJECTIVE 6 To provide housing assistance to individuals and families who are homeless and enable them to move back into permanent housing. Implementin2 Actions A. Participate in a Regional Approach to Address Homelessness B. Facilitate Transitional Housing Programs C. Identify Non-profit Providers to Operate Emergency Shelter Programs D. Support Existing Services for the Homeless Responsible Agencies: Community Development Department and Non-Profit Social Service Providers Quantified Objectives: New construction or rehabilitation of 20 units of transitional housing for very low-income homeless persons. PAGE 54 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 --+---..--.,---..---..------- Cumulative Results: The City's Redevelopment Agency provided Redevelopment Low- and Moderate-Income Housing Set-aside Funds to assist South Bay Community Services (SBCS) to acquire various properties for transitional housing programs. Casa Nueva Vida is a short-term housing development program for 25 homeless families. Additionally, Redevelopment funds and HOME funds were also provided to SBCS for two units of*p+4Xunits oftransig for persons fleeing from domestic violence. The City has participated in regional approaches to addressing the needs of the homeless population. The City is represented on the San Diego County Regional Emergency and Shelter Program (FEMA) and the San Diego County Regional Continuum of Care Advisory Council. The City has provided financial assistance to the County of San Diego's Cold Weather HoteVMotel Voucher Program since the implementation of the program in 1997. OBJECTIVE 7 Ensure the successful implementation of housing policies and programs through effective coordination, monitoring, and evaluation. Implementin2 Actions A. Review and Revise Affordable Housing Standards B. Implement an On-going Monitoring and Evaluation Program C. Establish an Affordable Housing Quality of Life Threshold Standard Responsible Agencies: Community Development, Planning and Building Department, and Housing Advisory Committee Quantified Objectives: N/A Cumulative Results: The City's Housing Advisory Committee continues to be involved with the implementation of housing policy through housing project review. The City Council becomes involved with the annual review of the Consolidated plan and periodic review of housing element implementation progress. Staff works with developers to implement the Affordable Housing Program, which is integral to the approval process of new developments with 50 or more units (ten percent of the units must be affordable). CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 55 OF 118 - - ---.......--.... '__'_"m.__."__,__._,~" ---..-+----.--..--...--. OBJECTIVE 8 The elimination of racial, age, religious, sexual, and economic bias and discrimination in the housing provision, and to ensure fair lending practices. Implementing Actions A. Continue Fair Housing Counseling Services and Referral Activities B. Conduct the Annual Fair Housing Assessment C. Require Developers of Housing Projects (20 units or more) to Submit Affirmative Fair Marketing Plans Responsible Agencies: Community Development Department Quantified Objectives: N/A Cumulative Results: The City helps fund the Fair Housing Council of San Diego. This organization responds to questions about landlord/tenant issues. In July 1995, Community Development Department staff and the Fair Housing Council of San Diego compiled data for the Assessment of Impediments to Fair Housing Choice in the City of Chula Vista report. Additionally, the City contracts with the Fair Housing Council of San Diego to provide a fair housing education and counseling program through the City's Community Development Block Grant (CDBG) Program. The annual report for the 5-year Consolidated Plan includes information on fair housing and devdopers are required to submit affirmative marketing plans for their projects with more than 20 units. OBJECTIVE 9 Reduction and/or removal to the greatest extent possible of identified constraints to the development, maintenance, and improvement of housing within the planning area. Implementin2 Actions A. Expedite the Processing of Affordable Housing Projects B. Designate an Affordable Housing Ombudsman C. Establish specific procedures for evaluating requests for subsidies involving fees, land write downs, and other forms of City assistance. PAGE 56 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 D. Encourage demonstration or experimental housing projects which reduce building costs and increase affordability E. Consider the impacts to affordable housing which may result from rezonings involved with the General Plan/Zoning Consistency Study. F. Continue to encourage the use of flexible development standards through the Planned Community (PC) Zone and Precise Plan (P) Modifying District, where such are clearly identified with increased availability of affordable housing. G. Designate staff and develop resources to assist developers in availing themselves of altemative and supplemental financial assistance. Responsible Agencies: Community Development Department and Planning and Building Department Quantified Objectives: N/A Cumulative Results: Chula Vista departments work cooperatively to expedite project review and approval. The City does not typically experience complaints about project processing delays. The City's Housing Division staff work cooperatively with those developers providing affordable housing within the community. They review all affordable housing project proposals and provide technical assistance when required. Should financial assistance be requested, the Coordinator reviews such requests and presents recommendations to the City Council and/or Agency. Housing Division staff serves as City liaison for affordable housing projects and coordinates with other City departments to resolve any issues that may arise. OBJECTIVE 10 To encourage the development of new housing, and the retrofitting of existing housing, with features to address environmental issues such as energy and water conservation and recycling. Implementin2 Actions A. Encourage energy and water conservation features and recycling storage areas in new housing in conjunction with the City's existing policy for the "Conservation of Energy and Water" within the City ofChula Vista. B. Continue to encourage the weatherization programs for low-income households currently sponsored by the MAAC project. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 57 OF 118 C. Continue to require the installation of dual-piping systems in new projects to accommodate the use of reclaimed water for landscaping and other applications as feasible. D. Continue to require the submission of a "water management plan" and "air quality improvement plan" for large development projects at the Sectional Planning Area (SPA) Plan stage or similar level of review. E. Title 24 Compliance Review - The Planning and Building Department will continue to perform residential Title 24 energy analysis as part of building plan check procedures. Responsible Agency: Planning and Building Department, and Community Development Department Quantified Objectives: N/A Cumulative Results: A consultant is currently employed by the City to develop a Water Conservation Plan. The City has also received an EP A Grant for $80,000 to create a program to assist and promote energy conservation as well as C02 reduction. Another consultant is exploring the feasibility of greywater recycling within homes for use in yards. OBJECTIVE 11 To fully address specific housing issues as they affect our community and to enforc~ applicable laws and ordinances. Implementing Actions A. The City will Encourage a Balance of Housing to Jobs B. Investigate the Need or Appropriateness of a Housing Linkage Fee C. Protect Coastal Zone Housing - Implement the Housing Demolition Rules and the Ten Percent Affordable Housing Requirement D. Provide Relocation Assistance as Required by Law Responsible Agencies: Community Development Department and Planning and Building Department Quantified Objectives: N/A PAGE 58 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Cumulative Results: As demonstrated in the section on needs, the City has substantial land zoned for employment growth and works with private developers to integrate employment opportunities within Master Planned Communities. The City's Affordable Housing Program has effectively integrated low and moderate income homes into newly developing areas. From 1991-1999, no homes within the coastal zone were demolished and therefore, there were no replacement requirements. OBJECTIVE 12 To provide and maintain adequate public improvements, facilities, and services to support residential growth in a manner consistent with the Growth Management Element and Program. Implementine Actions A. Five-Year Capital Improvement Program (CIP) - The City will continue to implement the on-going CIP program. B. Implement the 20-year Neighborhood Revitalization Program C. Continue to Require Public Facilities Financing Plans for All Master Planned Communities and Other Facility Financing Methods D. Continue Maintenance of Public Improvements and Facilities Responsible Agencies: Engineering and Public Works Department, Planning and Building Department, and Community Development Department Quantified Objectives: N/A Cumulative Results: The City continued to update and implement its Capital Improvement Program (CIP). The vast majority ofthe funds must be used on specific kinds of improvements. For example, Transnet or Gas Tax Funds must go to specified types of transportation improvements. The City's CIP also includes the expenditure of development impact fees generated in conjunction with the public facilities financing plans. To date, the CIP expenditures have effectively enabled the City to invest in the infrastructure needed to support housing growth. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 59 OF 118 _.--_.. .-. ...,...--......----- _.~.. . --,-..,.-..-.. ,-,_. -'. --"-'------'-"'--'---" EVALUATION OF PROGRESS TOWARDS MEETING COASTAL ZONE REQUIREMENT Section 65588 of the California Government Code requires that, in housing element updates, coastal jurisdictions document the number of low- and moderate-income units converted or demolished, and the number of replacement units provided. Section 65588 also requires that revisions of the housing element must include, for the coastal zone: A. Number of new units approved for construction after January 1, 1982. B. Number of units for low- and moderate-income households required to be provided either within the coastal zone or within three miles of it. C. Number of units occupied by low- and moderate-income households and authorized to be demolished or converted since January 1,1982. D. Number of units for low- and moderate-income households required either within the coastal zone or within three miles in order to replace those being demolished or converted. The coastal zone includes a portion of the Montgomery area that was annexed into the City in 1985. Information is not available for units either demolished or constructed in this area prior to 1985. The following information was obtained from City records: 1982-1999 A. New construction: 0 new units B. New low- and moderate-income housing: 0 approved C. Demolished/converted low- and moderate-income housing: 5 D. Replacement low/moderate-income housing: 40 Figure 2 shows the Coastal Zone in Chula Vista. PAGE 60 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 FIGURE 2: COASTAL ZONE fL ~ .._~'c..;o.. ~\,\ r;~~,\ l.-'1 \ . , . \ J I' ._.-=._.,' , ~:) ~;,~";" , ---=- -..-.:::-;:,;;:--...- .--...:::\--.;::> I 'v"::":." '. F"TU'IE SR. 1>5 \ -----}~".' , _co..--. . . . . \ J1~'-' J '_"" \, ~I \ 11., " Ii ~. ,,\.. \'\1""-- if it '" ,<. "1 I ~'< .... "'7 ." . 'L I . ru.J <", -r-oS', ( - I ~'\\. ","" \, --: ~". ~.. ..' /' ':..i """- \1.-. .' ._.....".;;1-~. :,.. - ,., .s .".~=oo::___. ...~ "". ..,;.~~~,..., \',' \ -<.,;.,\~,..- '.:;, ',' .1/. ,- , ,~\..,// '. I-~r '~.\'" .'~~;;Pl. \ ,>:;-~\ . ~ ; I " ~.') " ,;'," ,.- '.\,~ ~." f .~ 4,4<'\ "::::r L /y " ~\~ ""'10 ~_/,.. . \~\ >'. ;;:.;;;.~~'~"="''-~:::=.::---'",,';''. . g ~ ~~I~~!i i ~IU~6~~ ~ u~ ~ ~ .~ ~ ~ c' ." \ ~, . \ "~. ~" ~--==" 1\.. _~>o.~{? ~'I__,..=---- ...........-1.J dt. '01" ~, L-- ~ r~"~~ ~ ~:\"- ~~ '" tl 11!4\>" f ""-~0" I w z o N ...I ~ t/) <( o (,) CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 61 OF 118 _ ..0 _ _.~_...._._._ -~,,-_.,._--_._......_,--_.._,.,--_. This page is intentionally blank. PAGE 62 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Ev ALVA TION OF PROGRESS TOWARDS SELF-CERTIFICATION REQillREMENTS State Legislation (AB 1715) creates the opportunity for jurisdictions within the San Diego region to self-certify their updated Housing Element. The specific criteria listed below must be met in order to self-certify the Housing Element in 1999. Information documenting how the City of Chula Vista complied with each criterion is also included. The Housing Element self-certification criteria as set forth in AB 1715 (Section 65585.1 of the Government Code) are: Criterion 1: The jurisdiction's adopted Housing Element or amendment substantially complies with the provisions of this article, including addressing the needs of all income levels. Chula Vista contracted with MacLeod Consulting Services who worked closely with City staff to update the City's Housing Element. This process will be complete when the Chula Vista City Council adopts the 1999-2004 Housing Element and passes a resolution self-certifying this updated Housing Element. The draft Housing Element addresses the needs of all income levels. Criterion 2: For the third Housing Element revision pursuant to Section 65588, the jurisdiction met its fair share of the regional housing needs for the second Housing Element revision cycle, as determined by SANDAG. Chula Vista complied with this criterion by creating 1,796 qualifying housing opportunities, which far exceeds the assigned fair share goal of 1,058. Criterion 3: For subsequent housing element revisions, the jurisdiction has provided the maximum number of housing units/opportunities as determined pursuant to Section 65585.1(a) within the previQus planning period. Chula Vista will attempt to self-certify its housing element due in 2004. To do this, the City will need to provide an additional 1,029 affordable housing opportunities as follows: 278 extremely low-income, 329 very low-income, and 422 low-income housing opportunities. Criterion 4: The City or County provides a statement regarding how its adopted Housing Element or amendment addresses the dispersion of lower-income housing within its jurisdiction, documenting that additional affordable housing opportunities will be developed in areas where concentrations of lower-income households do not exist, taking into account the availability of necessary public facilities and infrastructure. It is a policy of the City of Chula Vista to ensure that lower-income housing opportunities are dispersed throughout the City. This commitment is also accomplished through the Affordable Housing Program which requires five percent of the units in projects with more than 50 units to be affordable to low-income households and five percent to moderate-income households. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 63 OF 118 Criterion 5: No local government actions or policies prevent the development of the identified sites or accommodation of the jurisdiction's share of the total regional housing need pursuant to Section 65584. The 1999-2004 Housing Element specifically provides adequate sites, removes govemmental constraints, and promotes equal housing opportunities. PAGE 64 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 IV. HOUSING OPPORTUNITIES This section evaluates the potential residential development that could occur based on Chula Vista's General Plan and Zoning Ordinance. A V AILABILITY OF SmT ABLE SITES Housing element law mandates that a city must show that it has adequate sites with required public services and facilities for a variety of housing types for all income levels. In this section, adequate sites will be discussed in terms of the City's Regional Share Goals for 1999-2004 as established by SANDAG. Regional Share Goals According to state law, a local jurisdiction's housing needs must include their share of the projected needs for housing in the region (regional share). The San Diego Association of Governments (SANDAG) has identified Chula Vista's share of regional housing needs for 1999- 2004. The figures are contained in the Regional Housing Needs Statement adopted in 1999. Each jurisdiction must identifY the sites (capacity) to meet their share of the region's housing needs. The regional share identifies the need for new housing units for each jurisdiction and distributes the projected housing need to all income groups: very low, low, moderate, and above l11oderate. Table ALl-30 shows Chula Vista's regional share goal and the income distribution of the goal. Chula Vista accounts for nearly 11 percent of the region's projected housing needs or 10,401 units. T.A.BLE IV lTABLE 30: REGIONAL SHARE - 1999 - 2004 CHULA VISTA Income Category Housing Goal Very Low Income (<50% Area Median Income) 1,889 Low Income (50-80% Area Median Income) 1,535 Moderate Income (80-120% Area Median Income) 2,388 Above Moderate Income 4,589 Total 10,401 Source: SANDAG CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 65 OF 118 ..._____..~~__ ._",.____.~,., .~_."._...N'__.~'~_...__....__,~...~ _..___~._h .------.-...,,--. Residential Land Besides the existing housing supply, another source of housing is the future housing potential expressed in vacant, residentially-designated land within the City. Most of the vacant land is located in eastern Chula Vista and will be developed under the "Planned Community (PC) Zone", which permits varied densities and the use of flexible development standards. Given the amount of developable vacant land within +the master planned projects in E~astern Chula Vista (Figure J0 and the land use designations of that land. there is sufficient vacant land to accommodate incluG6 cafJa~ity for 28,569 homes in a wide range of housing densities. Of these units, 41 percent will be high density multi-family (Medium High at II to 18 units/acre and High at 18 to 27 units/acre). Another 11 percent will be in the 6 to II units/acre range which typically generates patio homes/townhomes. The remaining 48 percent are at densities for single-family homes (Low at 0 to 3 units/acre and Low Medium at 3 to 6 units/acre). +his capacity is mor~ than twice the regional share allocation to th6 City. Refer to Table 32W-2. Figure 4 shows the annual change in the number of housing units by type (single family and multi-family) in Chula Vista in past years, and presents the current forecast through 2007. This figure illustrates a dramatic increase in the number of new dwelling units, particularly in the past two years, and substantial growth in the number of multi-fami1y units over the past year. This high level of new housing production with a large multi-family component is forecast to continue over the time frame cited. Figure 5 shows housing pemits in the City of Chula Vista in comparison to San Diego County as a whole, and demonstrates the City's expanding role in meeting regional housing needs. The City of Chula Vista has a jobslhousing ratio that is significantly lower than that of the region. Alternatively stated, Chula Vista has more housing units per job than most other local jurisdictions and the region as a whole, further underscoring the City's critical role in meeting regional housing needs. Table 31 and Figure 3 below illustrate this relationship. TABLE 31: HOUSING UNITS PER JOB Year Chula Vista Re!(ion 1995 1.18 0.92 2005 1.05 0.81 2010 1.10 0.85 2020 1.10 0.86 PAGE 66 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 FIGURE 3: HOUSING UNITS PER JOB Source: Sart Diego Association of Governments. September - October. 1999. "2020 Cities/County Forecast for the San Diego Region." INFO. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 67 OF 118 -... - --..---.----.------.----.--..-.- _.__._._._--_.~ rJJ E-< .... Z ;;;> " z .... rJJ ;;;> o = .... o "' ~ ~ ::; ;;;>..... zg z..... ....0 ~E-< ,,- zg:; <- ="' u< ..J~ <.... ;;;>0 Zz z< <~ <~ E-<.... ~E-< >.... <~ ..J ;;;> = u .... o .... 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U 0:> m ~ 0 CD 0:> ~ m ~ Eo-< It) .... 0:> U m :z ...- .... 0:> m '" Eo-< M .... 0:> ~ m ~ N ~ 0:> m ~ ~ " ~ 0:> :z m .... 0 '" ::J CO m 0 ::c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1/1 0 0 0 0 0 0 0 0 0 0 0 It) 0 It) 0 It) 0 It) 0 It) ~ It) ...- ...- M M N N ~ pall!wJad sasnoH ;:J " .... ... ._---.--~__'.__.m._ _ I T,^.BLE IV 2T ABLE 32: RESIDENTIAL CONSTRUCTION CAPACITY EASTERN CHULA VISTA MASTER PLANNED PROJECTS Low Low Med Med Med High High Project 0-3 3-6 6-11 11-18 18-27+ Totals du/ac du/ac du/ac du/ac du/ac Rancho Del Rey SPA I 17 17 SPA II 116 116 SPA III 246 154 400 EastLake Greens 41 66 129 1,031 1,267 Trails 88 487 274 294 1,143 Woods & Vistas 746 255 260 506 1,767 Otay Ranch (Otay Valley Parcel) SPA 1 (Villages I, I West, & 5) The Otay Ranch Company 1,597 704 1,402 3,703 McMi1lian 539 940 1,479 The Otay Ranch Co. (I West) 772 214 772 Vi1lage 2 1,133 586 1,719 Village 4 329 203 532 Village 6 990 1,242 2,232 Village 7 1,303 448 1,751 Village 8 1,021 436 1,457 Vi1lage II 745 1,001 1,746 Village 12 (EUC) 2,500 2,500 Otay Ranch (proctor Valley Parcel) Birch Patrick Estates 123 123 San Miguel Ranch 157 673 435 129 1,394 Vista Mother Miguel 43 43 Sunbow II 720 241 444 214 t,6t9 Rolling Hills Ranch (Salt Creek) 675 1,045 529 2,249 Bonita Meadows 250 250 Bella Lago 290 290 Totals 2,832 11,105 3,031 6,251 5,350 28,569 Sources: General Development Plans and approved SPAs Major Projects Development Status Report, August 16, 1999 PAGE 70 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 FIGURE 6: MASTER PLANNED COMMUNITIES / ,- ) <i cf s12 Hi ! =!; ! ~~ iUiih Ei g _idlY! ~ ~ !-jilli~ Ii '; lUll.:,;! .. ,S Cilt> ~p - = .11.,,,,,:011 :!il!! _0 A. ... = .. = o! __ 51i HI-Jill - UIiIlUI ...........---- ... 11 z :II '" B ~::> ~ ~~:!~>i i ~l1t:'6~i f :S I ... ! .. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 71 OF 118 ~,......._._..._....,._.~ .---.,........-.. -. .-,.' . _._._-,-,.,-_._._._--,.._-" Residential development capacity also exists in the older, In Wwestern area of Chula Vista~ contrast to eastern Chula Vista, much of this capacity exists on unclerutiIized parcels as discussed below, aJthough there are <mI-y about 84 acres of vacant land with a capacity of 519 units, Of these vacant lands, 90 percent are at densities for single-family homes (predominantlv Low Medium at 3 to 6 units/acre). Total capacity City wide for new housing developed on vacant lands is approximately 29,088 units, with 40 percent of the units or I 1,738 units anticipated at the higher density ranges to accommodate high density multifamily housing. Approximately 14,305 units are anticipated at the Low and Low Medium density ranges to accommodate single family homes. The remaining 3,044 units are at the Medium density range of 6 to 11 units/acre. This capacity for residential development on vacant lands is more than twice Chula Vista's regional share allocation of 10,401 units for the 1999-2004 housing cycle. The number of potential housing units can be further augmented through the development of underutilized properties. An underutilized residential area can be defined as an area that was developed at.a lower residential density than could be accommodated with the existing public facilities, infrastructure, and allowable density maximums (zoning). These underutilized residential areas are primarily located within western Chula Vista, where they were developed with single family residences or lower density multifamily. Underutilized land has a capacity of another 1,097 units for a total of 1,616 units. Most of this capacity (1,109 potential units) is on land designated for high density development (18 to 27 duJacre). . Long term residency and continuation of older single family homes as rental properties contributes to the undemtilization of the property. In these older areas of the City, there are many multifamily properties that are either owned by a family trust or by an absentee owner with no immediate plans for development. Historically, on average, the City has experienced residential construction levels of 25 units per year in western Chula Vista since 1980. TABLE IV HABLE 33: RESIDENTIAL CONSTRUCTION CAPACITY WESTERN CHULA VISTA VACANT AND UNDERUTILIZED LAND Vacant Underutilized Total General Plan Designation Acres Potential Units Potential Units Potential Units Low (0-3 duJac) 15.19 37 8 45 Low Med (3-6 duJac) 60.41 331 III 442 Medium (6-11 duJac) 3.15 13 0 13 Medium High (I 1-18 duJac) 0 0 7 7 High (18-27 duJac) 5.14 138 971 1,109 Total 83.89 519 1,097 1,616 PAGE 72 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 -----~._---_.._-,_._~."_. Density designations often have a relationship to the cost of housing or the feasibility of using gap financing to make units affordable. Table 34W-4 correlates the City's capacity to provide potential residential units on vacant and undemtilized property (1JHit-Potential Units), Density and Regional Share by income level. T.A.BLE IV HABLE 34: REGIONAL SHARE AND UNIT POTENTIAL IN CHULA VISTA Units Needed ljgU Income Level Regional Share Appropriate Density Potential Units High (=18 to 27 ~6,45 I Very Low- and Low- Income 3,424 dus/ac} 9 I Moderate- Income 2,388 Medium High ( 11 to-I8t ~6,25 I dus/ac} 8 Medium (6toll dus/ac) 3,044 I Above Moderate-Income 4,589 AnyLow Medium (3 to Ig,141l!., I 6 dus/ac) 547 Low (0 to 3 dus/ac) 2.877 I Total 10,401 ~ '; ';, :. -.: Jl,J()1~ I /'" c', ' " 185 Non-Residential Land There are several non-residential zones within the City that allow for some form of housing development, as identified in Table 21. These zones. namely, Administrative and Professional Office (C-O), Central Business (C-B), and Central Commercial (C-C) have the greatest potential for future residential development. The CoO zone allows for multifanlily residential development. Both the C-B and C-C zones allow for multifamily residential development in conjunction with commercial uses in a mixed-use setting. Residential development in these areas would further bolster the potential for accommodating new dwelling units in the City of Chula Vista. The Chula Vista City Council has also adopted a Resolution of Support for the San Diego Association of Governments (SANDAG) REGION2020 Growth Management Strategy and smart growth principles. In this resolution, the City expressed its commitment, through its ongoing General Plan Update and other related efforts, to evaluate and promote land use distribution concepts and smart growth opportunities supportive of the regional growth management strategy. The City of Chula Vista is also providing funding for and is actively participating in a joint South Bay "Transit First" program being conducted with the Metropolitan Transit Development Board. This effort will produce a transit plan and identify transit projects in Chula Vista and the South San Diego Bay area. The City's General Plan Update will integrate smart growth land use CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 73 OF 118 . ....-. ..~.__.__._..."-,--~-_.__.._._----_._.__.._._--_.._.,-_...,.._~._- distribution concepts and opportunities, where feasible, including higher residential densities and employment intensities and mixed use areas, with the network of transit stations and corridors identified through the South Bay Transit First program. Availability of Public Services and Facilities Chula Vi,ta l~a5 adequate public ~gr:ie€Eifacilitig5 or has plans and financing mgchani~ms to aSSHr€ tH€ir installatioR iH tim€ to aecemmodatg thg gre".1h.As previously noted in Section II, the City has been implementing and refining a comprehensive and successful growth management program since 1986. The program's main purpose is to support development while maintaining the community's quality-of-life by ensuring appropriate provision of eleven different public facilities and services as development occurs. Level-of-service Threshold Standards have been established for each of the eleven facilities and services and are analyzed as part of the development review process. The City uses a number of different mechanisms to ensure funding to support required facilities and services Including Development Impact Fee Programs (DIFs) for transportation and public facilities, community facilities districts (CFDs). and development exactions. Larger new master planned projects (mainly in the developing eastern Chula Vista area) are required to prepare a Public Facilities Financing Plan (PFFP) to identify facility and service needs in accordance with the development's proposed phasing, and the funding mechanisms to ensure they will be available when needed. In the older, built-up western area of the City. most of the backbone facilities and services nece~sary to support the infill and redevelopment capacities of adopted plans are largely in place today. In addition to PFFPs, and as a way of monitoring and evaluating citywide facility and service availability, the City's Growth Management Oversight Commission (GMOC) conducts an annual compliance review for each of the eleven Threshold Standards. In the event that any deficiency or concern is identified, action oriented recommendations are made. The City also uses the annual GMOC process as a planning tool for the City's Capital Improvement Program. Opportunities for Energy Conservation The primary uses of energy in urban areas are for transportation lighting, water heating, and space heating/cooling. The high energy costs are an impetus to reduce or minimize the overall level of urban energy consumption. Title 24, Building Energy Standards for Residential Development, establishes energy budgets or maximum energy use levels. The standards of Title 24 supercede local regulations, and State requirements mandate Title 24 requirements though implementation by local jurisdictions. The City will continue strict enforcement of local and state energy regulations for new residential construction, and continue providing residents with information on energy efficiency. As previously described the City is also using consultant assistance to create a program to reduce energy consumption and achieve other conservation goals. PAGE 74 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 REDEVELOPMENT HOUSING OBLIGATIONS Legislative Framework State Redevelopment Law provides the mechanism whereby cities and counties within the State can, through adoption of an ordinance, establish a redevelopment agency. The agency's primary purpose is to provide the legal and financial mechanism necessary to address blighting conditions in the community through the formation of redevelopment project areas. State Redevelopment Law also requires the redevelopment agency to address housing issues for low- and moderate-income residents in the following ways: · Expend 20 percent of the tax increment revenue to increase and improve the supply of low- and moderate- income housing; . Replace low- and moderate-income housing which is destroyed as a result of a redevelopment project (replacement housing obligation); and · Ensure that a portion of all housing constructed or substantially rehabilitated in a redevelopment project area be affordable to low- and moderate-income housings (inclusionary housing obligation). Redevelopment in Chula Vista The Chula Vista Redevelopment Agency was activated in 1974 with the adoption of the Bayfront Redevelopment Area. Since its formation, the Agency has adopted five redevelopment plans in the City (as shown on Figure 4): · Bayfront (I 974) · Town Centre I (1976) · Town Centre II (1978) · Otay Valley Road (1983) . Southwest (1990) CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 75 OF 118 Redevelopment Housing Set-Aside Pursuant to State Law, the Redevelopment Agency has established a Redevelopment Housing Set-Aside Fund using 20 percent of the tax increment revenue. As part of the Agency's efforts to meet its unmet housing needs, these funds have been and will continue to be used to create affordable housing units. According to the Five-Year Redevelopment Implementation Plan for 2000-2005, the Agency estimates the following yearly tax increment to be deposited by the Agency by project area. TABLE 35T.A.BLE IV 5: LOW/MODERATE-HOUSING FUNDS AVAILABLE SEPTEMBER 1999 Low- and 1999- 2001- 2002- 2003- Moderate-Income 2000-2001 TOTAL Housing fund 2000 2002 2003 2004 Starting Balance of $4,942,300 Total Annual Deposits (20% TI deposits by project area) BF/TCI 589,058 612,246 636,393 661,018 686,151 3,184,866 OTVR 232,339 239,309 246,488 253,883 261,499 1,233,518 TCI 211 ,453 217,797 224,331 231,061 237,992 1,122,634 SW 173,623 178,832 184,197 189,723 195,415 921,790 Interest & Other 326,000 328,760 331,548 334,365 337,209 1,657,882 Income Total Revenue 1,532,473 1,576,943 1,622,957 1,670,050 1,718,266 8,120,690 The total revenues to be deposited over the five-year period are estimated at $8,120,700. The beginning balance in the low- and moderate-income housing fund as of July 1, 1999 was approximately $4,942,300. Therefore, the estimated amount of tax increment housing set-aside projected to be available over the five-year period for the development and assistance of affordable housing projects is $13,063,000. Based on existing programs and pro-forma cost projections for new and rehabilitated units, up to 725 additional units, could be created through the leveraging of Redevelopment Housing Set- Aside Funds over the five-year period. Funds are allocated among newly constructed and rehabilitated units as follows: 700 new-housing units; and 25 substantially rehabilitated housing units. The Agency anticipates assisting 60 low-income homeowners each year with the minor rehabilitation of their homes through the Community Housing Improvement Program (CHIP). PAGE 76 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 -. - ---.------....- - -- _._-~._---_._--~.._~._-" TABLE IV tiT ABLE 36: ANNUAL HOUSING UNIT PRODUCTION REDEVELOPMENT SET-ASIDE FUNDS Price Restricted Housing Production 2000 2001 2002 2003 2004 Five Year Total Housing Units to be developed 140 140 140 140 140 700 Housing Units to be substantially rehabilitated 5 5 5 5 5 25 Total housing units to be price restricted (acquisition of price restriction covenants for existing housing) 145 145 145 145 145 725 Housing Units to be otherwise assisted by the Agency {non-restricted} 60 60 60 60 60 300 Replacement Requirements Section 33413{a) of the Califomia Health and Safety Code requires that whenever units housing persons of low- and moderate-incomes are destroyed or removed from the low- and moderate- income housing market as part of a redevelopment project, the Agency shall within four years of the destruction or removal of such housing, rehabilitate, develop or construct for rental or sale, to persons of low- and moderate-income, an equal number of replacement units. At least 75 percent of these replacement units must be made available at an affordable housing cost for the same income level as the household that was displaced. Since the inception of redevelopment in Chula Vista, the Agency has incurred an obligation to replace 157 units that were demolished as a result of redevelopment activities in the various project areas. To fulfill this obligation, the Agency provided financial assistance to several residential developments throughout the City, resulting in the construction of 258 very low- and low-income housing units. Of the 258 units, 192 are for very low-income households and 66 are for low-income households. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 77 OF 118 - ---, -'"--.--.--..---.----, - ----...-.-------------.----- _._,.__.~_._...-.~------- ~ i ""0 i ~ i zl"l I g~~ml~ it ~ <~ 1~~Ji\Y " ,.~ ~ ....", ; Z " ..., . . ~ I~ m r- o '"0 s: m Z -i en :::::j m en ~'lln'CI ~J8 OciJ-4"""UJ ~O~5!~ ... -<Cz;!"1'1 m ;;~nn~ g .....mmz m I""'g:ZZ-i z !:!...;;I;;I 0 '" """ o - ,.. c FIGURE 7: REDEVELOPMENT PROJECT AREAS ci'.-.....'" .! ~.., ~ l' "" ~~ . ,-;:-:-.:-.....~ ~..-..-.....--, _-=-:;:=-JI 9 ;jfJ !( \.-.._~ A L'.==-="~ Y "=="", \ '; :'-":;0).{<<\.,,,,,f"":' =~~~j(/ ~..... ~~~' --: '\ , ~~.~~\~~\ ~*" ,,-~~ I.,..'. " . '.:';v>i~;"\.' " ,= - ~: '-f3~}.~ "~', ,,~ /.. . . .....6:: J:'~'~/""" ....,""~:;;,. '.' (if"" ._~:r' .>~ .---\',' \ ~\ . \~_ r'i\ }, ',. - "!"""'# ..~ \ . ~."", ~ 'l~:~ ,\\ '.~ .J." :1 ..._~ ". '\ >, .~ '.i/"', '" . . ~~. . . ',,\,~/ \. , \. .--~-~._ &. "~~]c~~}~~'/'" .~\) '\~ ..=~~~~ ~:mr,--:-:', =:--'~!' ~,-' . " v;....\ ""'~~Z' . _ ==r ! :J"~ '~ . I~~~- : ~" > _..IS-~ ~I '. .' .:' )>...--..~'>.~ I I~ III~~I.~ ~..;/ .' ';;m~ ~ ~.:/ ~,' ...".._ ~ -.... ~/ I' " \ '\.., /' .,} !rl}(;' \ ",\ / I /<< \" \, ~,.. 3Omn' ~~~,'.. _"':::,:-::::7"",:...., _./.'~;:--- ....-.... _ F .. .- // -~- . I \<::.-.,... , . \ .~- L_u\ , ,.n \.f~"~",- -~ ~t~l --,J '-co, ". - c:'-I. ,(~7" \j PAGE 78 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Affordable Housing Production (Inclusionary) Requirements Section 33413(b) (1) and (2) of the California Health and Safety Code imposes inclusionary requirements for affordable housing for all residential development in Redevelopment Project Areas, whether developed by the Agency or by private entities. For the project areas adopted on or after January 1, 1976, the following restrictions apply: . At least 30 percent of all new or substantially rehabilitated housing units developed by a redevelopment agency must be affordable to persons of low- and moderate-income. Not less than 50 percent of those units (15 percent of the total) must be available to very low- Income persons. · For units developed by other public or private entities, at least 15 percent of the units must be affordable to low- and moderate-income persons; not less than 40 percent of these units must be made affordable to very low-income persons. · Affordable units created outside of the project areas may be counted toward this requirement on a two for one basis. Agency AssistedlPrice Restricted Housing for the Next Five Years Based on low/moderate-housing funds available, it is anticipated that 700 units will be developed or substantially rehabilitated over the next five years. The following projects are anticipated to be developed within the next five years. The Agency will consider providing financial assistance to these projects. Of these units, it is estimated that 117 units will be developed/rehabilitated within the redevelopment project areas. Trolley Trestle - The Agency approved financial assistance in FY 1998-99 to a local non-profit organization for the construction of this project. Trolley Trestle, located within the Southwest Redevelopment area, is an II-unit housing development for those extremely low-income youths completing the San Diego County Foster Care Program. It is anticipated that construction will be completed by December 2000. Villa Serena - The Agency provided assistance in FY 1998-99 to this 132-unit low-income senior housing development. It is anticipated that construction will be completed in Summer 2000. Rolling Hills Ranch - The developer has proposed construction of 32 low-income family units and 116 low-income senior units. EastLake Greens - The developer has proposed construction of 130 for sale townhomes for low- income homebuyers. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 79 OF 118 -- ", _........,.._---_._~. -_._-_....__._"...~,--- Otay Ranch -The developer has an obligation to develop 10 percent of the units within this master planned community for both low-income and moderate-income households. At this point in time, the required number of affordable units is estimated to be 232 units. Pear Tree Apts - The Agency approved financial assistance in FY 1999-2000 to acquire and substantially rehabilitate this 119-unit apartment project. All units are proposed to be affordable to very low and low-income households. It is anticipated that construction will be completed by Spring 2001. Main Plaza - The Agency has approved a mixed-use development of 106 low-income affordable units with 15,000 square feet of commercial use. This project is located within the Southwest Redevelopment area. It is anticipated that the development of these projects within the next five years will create an additional surplus oflow- and moderate-income units for the Agency. PAGE 80 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 V. GOALS AND POLICIES This section of the Housing Element contains goals and policies the City will implement to address a number of important housing-related issues. The primary goal of the City is to ensure that decent, safe housing is available at an affordable cost. The priority remains the provision of housing for families, particularly large families, of all income levels. Table 37:1,[..+ is a summary listing of the objectives by Goals, Policies, and Programs: TABLE V 1 TABLE 37: HOUSING OBJECTIVES BY GOALS, POLICIES, AND PROGRAMS SUMMARY Policies and Programs Five Year Objective Goal! - Conserve Existing Affordable Housing Opportunities 1.1 Preserv<ltion of Assisted Housing At-Risk 41 low-income units of Converting to Market Rate 1.2 Condominium Conversions Monitor 1.3 Single Family and Mobilehome . 250 CHIP loans/grants to very low- and low- Rehabilitation income homeowners and mobilehome owners. . Minor repair and clean up of 500 homes and mobile homes. 1.4 Rehabilitate Deteriorating and Substandard 120 very low- and low-income rental units Rental Housing 1.5 Preservation of Mobilehome Park Living Case by Case Goal 2 - Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista 2.1 Reinvest in the City's Well-established . Target two residential neighborhoods for a Neighborhoods. clean up/fix up campaign as well as a program to promote community pride. . Repair/rehabilitate 25 homes through Christmas in October. Goal 3 - Ensure That an Adequate and Diverse Housing Supply Is Available to Meet the City's Existing and Future Needs. 3.1 Affordable Housing Program New construction of 590 units for low-income households, of which 130 will be for sale units as also referenced under Program 4. I, and 470 units for moderate-income 3.2 Protection of Coastal Housing Case by Case 3.3 Provide Incentives for Low Income . Adoption of a density bonus ordinance. Housing Construction . Evaluate on a case by case basis acquisition of property and land write downs. . Pursue affordable housing funding sources. . 10 low income density bonus units CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 81 OF 118 Policies and Programs Five Year Objective 3.4 Pursue Housing Opportunities for Lower- . Assist 350 low-income persons through a Income Households shared housing program. . Work with the County Housing Authority to compete for rental assistance programs. . Work with social services' providers to identifY lower-income elderly residents and provide housing assistance. . Adopt a second dwelling unit ordinance. Goal 4 - Increase Home Ownership Opportunities for Low- and Moderate-Income Households 4.1 Encourage the Construction of a Variety of Case by Case Housing Types 4.2 Help Low Income Households Purchase A . Assist 130 first-time homebuyers. Home . Provide 25 Mortgage Credit Certificates to low- and moderate-income households. Goal 5 - Enable Homeless Individuals and Families to Find Permanent Housing 5.1 Participate in Regional Efforts to Address Continue to participate In regional efforts to Homeless Needs address needs of the homeless, including the Regional Task Force for the Homeless, local FEMA Board, Regional Continuum of Care Council, and County of San Diego Hotel/Motel Voucher Program. 5.2 Facilitate Local Facilities that Respond to . Provide technical assistance and consider Homeless Needs financial assistance to organizations seeking to provide or expand facilities and servIces within Chula Vista. . 10 transitional housing units Goal 6 - Encourage Energy and Waste Conservation as an Integral Part of Homes 6.1 Institute Conservation as Part of New On-going Construction 6.2 Promote Conservation in Existing Homes Change CHIP Guidelines Goal 7 - Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice 7.1 Fair Housing Practices Fair housing assistance to 150 persons Goal 8 - Reduction and/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing. 8.1 Streamline Development Processing Monitor development processing for streamlining opportunities. PAGE 82 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 -'"''<<'.'- ---,..".,.,--~-~._._._--,._-_._------".._--". HOUSING GOALS, OBJECTIVES, POLICIES, AND PROGRAMS Goall - Conserve Existing Affordable Housing Opportunities 1. I Preservation of Assisted Housing at Risk of Converting to Market Rate Five Year Objective: 41 units of at-risk low-income housing Funding Source: Community Development Block Grant (CDBG), HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs Target Years: 2000 1.1.1 Preservation of Conversion Of Density Bonus Units The Community Development department shall work with the property owner of the Meadows and Eucalyptus Parkview projects to ensure the continued affordability of the 32 and nine low-income units respectively. As identified previously in the Needs Assessment-At Risk Units, the affordability restrictions for the Meadows are scheduled to expire in the year 2000. This is the only project in Chula Vista at risk of converting to market-rate housing during 1999-2004. 1.1.2 Tenant Education of Rights and Conversion Procedures The California Legislature passed AB 1701 in 1998, requiring property owners give a nine-month notice of their intent to opt out of low-income housing use restrictions. The Community Development department shall work with tenants of at-risk units regarding tenant rights, conversion procedures, and Section 8 availability/priority. 1.2 Condominium Conversions Five Year Objective: On-going MonitoringlRegulation Funding Source: CDBG, HOME, Redevelopment LowlModerate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.2.1 Regulation of Condominium or Stock Cooperative Conversions The Planning and Building department shall continue to regulate residential condominium and stock cooperative conversions as specified in the Chula Vista Municipal Code, Title 15, Chapter 15.56 in order to protect existing tenants and promote the orderly growth and amenity ofChula Vista. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 83 OF 118 -'~""'~-" ._<_'_"~~__'",",' .. ...___ .Un________ _'_ _, ~._..__ '___,____.._.__~ 1.3 Single-family and Mobilehome Rehabilitation, with Priority for Those Homeowners of Very Low- Income, Special Needs and/or Senior Households. Five Year Objective: 250 CHIP loans/grants to low-income homeowners and mobilehome owners. Minor repair and clean-up of 500 homes and mobilehomes. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.3.1 Rehabilitation Assistance The Community Development department shall provide rehabilitation assistance, through loans and grants, to lower-income owner occupants to preserve and . rehabilitate deteriorating homes. Assistance will be targeted to homeowners residing in blighted areas of the City and priority will be given to those single- family and mobilehome owners of very low-income, special needs and/or senior households. The Community Housing Improvement Program (CHIP) provides favorable loans to low-income owners and also provides grants for minor repairs. 1.3.2 Caring Neighbors Program This voluntary program, is utilized occasionally by Code Enforcement to perform minor rehabilitation work for elderly and disabled homeowners. This program will depend primarily on the availability of funding from CDBG funds, which is a competitive grant provided on an annual basis. 1.3.3 Home Modification and Repair - For Senior Citizens The Community Development department shall encourage elderly persons to seek home modification and repair programs that will allow elderly persons to remain in their home and help to prevent injuries. Weatherization Programs are available through the local Welfare or Energy Department (Low Income Home Energy Assistance Program and the Weatherization Assistance Program). 1.3.4 Reverse Mortgage Program A Reverse Annuity Mortgage Program, available through private lending institutions, can help elderly homeowners gain access to their home equity. Under this program, the Federal government guarantees the loans to senior citizen homeowners which allows them to draw down a monthly stipend. PAGE 84 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 1.4 Rehabilitate Deteriorating and Substandard Rental Housing Five Year Objective: 25 very low-income and 95 low-income rental units Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 1.4.1 Rental Housing Acquisition and Rehabilitation The Community Development department shall make local funds available for both non-profit and for-profit developers to acquire rental housing that is substandard, deteriorating, or in danger of being demolished. A minimum of twenty percent of the units, once rehabilitated, will be set-aside for very low- and low-income households at affordable rentsl3 for a minimum of 55 years, unless otherwise dictated by a State or Federal Law. 1.4.2 Housing Inspection The Planning and Building department shall continue to employ Code Enforcement staff to systematically inspect rental housing complexes of three or more units and report violations of current Health and Safety Codes. Where necessary work is fairly extensive, referrals to the City's Community Development Housing Division are made. 1.5 Preservation of Mobilehome Park Living Five Year Objective: Case by case Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 "In such instances that affordable rents are not defined by the applicable laws or regulations, affordable rents (including a utility allowance) for low income households shall not exceed the lesser of 1) 30 percent of60 percent of the Area Median Income as published from time to time by the U.S. Department of Housing and Urban Dewlopment (HUD), adjusted for household size; or 2) 10 percent below market rents for comparable units within the project or surrounding properties. For very low income households, affordable rents (including a utility allowance) shall not exceed 30 percent of 50 percent of the Area Median Income as published from time to time by the 1;.S. Department ofHUD, adjusted for household size; or 2) 10 percent below market rents for comparable units withm the project or surrounding properties CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 85 OF 118 1.5. I Community Housing Improvement Program The Community Development department shall continue to provide grants and/or loans to low-income mobilehome owners for the rehabilitation of their mobilehome through the Community Housing Improvement Program (CHIP). 1.5.2 Mobilehome Space Rent Review Ordinance The Community Development department shall monitor and enforce the City's Mobilehome Space Rent Review Ordinance to protect the rights of mobilehome residents in preserving this affordable housing alternative. 1.5.3 Mobilehome Park Conversion Ordinance The Community Development department shall monitor and enforce the City's MobilehomelTrailer Park Conversion Ordinance to protect the rights of mobilehome residents. 1.5.4 Resident Ownership of Mobilehome Parks The Community Development department shall assist mobilehome park residents to purchase their parks and convert to resident ownership by assisting with the application for other funding sources such as the State Mobilehome Assistance Program. Financial assistance provided by the City, Agency, State, or other funding sources may be limited to income eligible residents and require affordable housing costs. - Goal 2 - Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista 2. I Reinvest in the City's Well-established Neighborhoods Five Year Objective: Identify and target two residential neighborhoods for a clean- up/fix-up campaign and initiate a program to promote community pride. Repair/rehabilitate 25 homes through Christmas in October. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 2.1.1 Neighborhood Revitalization Programs The Community Development department shall continue to implement a pro-active program of neighborhood inspections to improve conditions and appearance primarily through the "Neighborhood Revitalization Program" (NRP). This on-going program targets specific low- and moderate-income neighborhoods exhibiting high volumes of citizen complaints. PAGE 86 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 The programs also prioritize needs for housing and infrastructure such as paving, curbs, gutters, sidewalks, and drainage facilities, and to develop a schedule to coordinate provision of improvements with available resources and the City's Capital Improvement Program (CIP) schedule, and the Community Housing Improvement Program (CHIP). The Community Development Housing Division will cooperate and assist locally based citizen groups to develop a program to improve conditions and appearance primarily through clean-up/fix-up campaigns and initiate a program to promote community pride for targeted neighborhoods. 2. 1.2 Monitoring of Neighborhood Conditions The Planning and Building department shall continue to monitor neighborhood conditions for adherence to minimum standards of habitability, and appearance that lead to neighborhood deterioration by responding to service requests from concerned citizens. Goal 3 - Ensure that an Adequate and Diverse Housing Supply is Available to Meet the City's Existing and Future Needs. 3. I Affordable Housing Program - A continuing program established in 198 I. Five Year Objective: New construction of 590 units for lower-income households, of which 130 will be for sale units as also referenced under Program 4.1, and 470 units for moderate-income households. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 3.1.1 Balanced Communities The Community Development department shall continue to achieve a balanced residential community through integration of low-income housing throughout the City, and the adequate dispersal of such housing to preclude establishment of specific low-income enclaves. Assure that programs create housing for large families and accommodate the needs of seniors and disabled persons. 3.1.2 Affordable Housing Requirement - Administered by Community Development A minimum of ten percent of each residential development of 50 or more units must be restricted for occupancy by and affordable to low- and moderate-income households, with at least one half of those units (five percent of project total units) for low-income households. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 87 OF 118 In order to guarantee provision of these units, the City requires the developer to formulate, review with staff, and have adopted a specific program and agreement for the project delineating how and when the required affordable units will be provided, including but not limited to location of the affordable units, intended subsidies, income/rent restrictions, tenure of affordability, schedule for production of the affordable units, and methods to verify compliance. Formulation of project-level programs and agreements is handled in a tiered fashion, starting at the General Development Plan (GDP) stage, or similar level of review, and progressing in specificity and detail through the planning process. A final agreement is required prior to recordation of the final map or final project approval where land subdivision is not applicable. This requirement shall further be administered in accordance with the following: A) A "residential development" shall be considered as the entire residential development proposal as set forth in the development application, whether or not the subdivision of land is involved, or the units are part of a mixed-use project. In the case of master planned communities, the "residential development" shall be that development encompassed by the Specific Plan, Precise Plan, or General Development Plan/Sectional Planning Area Planes). B) The location of affordable housing developments for lower-income households shall take into consideration proximity to existing or proposed mass transportation routes, and the availability of community services and facilities such as shopping, medical, child care, recreation areas, and schools. C) Developers shall ensure the timely development of affordable housing for lower-income households. Affordable housing opportunities should be provided in the earliest development phase possible taking into consideration the availability of facilities, growth management standards, the general development plan, financing, and merchant builder involvement. D) A master planned community should satisfy its lower-income affordable housing obligation through the construction of affordable housing units within the master planned community itself. Should the City determine that the unique conditions of a development provides an unreasonable hardship for the new construction of units within the project, the City, at the sole discretion of the City Council, may consider methods other than actual developer-built in-project unit production as a means to achieving affordable housing opportunity. These alternative methods will be considered only when the City, at its discretion, has determined that such PAGE 88 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 alternatives support specific Housing Element policies and goals, assists the City in complying with the California Govemment Code as it relates to the planning for and provision of affordable housing and will not be significantly detrimental to achieving balanced residential communities, and will provide at a minimum the equivalent number of required affordable units and comparable rent and occupancy restrictions. Such determination shall be based on findings that the, new construction of units within the project would present an unreasonable hardship in light of such factors as, but not limited to, project size, site constraints, market competition, difficulty in integrating due to significant price and product disparity, developer capability, and financial subsidies available. Also to be considered are whether the altemative options offer preferred product type, affordability in excess of the requirements of the City's Affordable Housing Program, does not result in an undue concentration of housing for lower income households, location advantages such as proximity to jobs, schools, transportation and services, diminished impact on other existing developments, and capacity of development entity to deliver the project. Consideration of alternative methods shall be made according to the following order of priority: 1) Land Set-Asides: Where unit construction by the developer presents an unreasonable hardship, the City may consider the donation of a building site and if necessary a financial contribution adequate to provide, at a minimum, the required units as satisfying the developer's affordable housing obligation if it is determined that such contribution will be effectual in furthering the goals and policies of the Housing Element, is advantageous to the City in creating and preserving affordable housing to comply with the California Government Code as it relates to the planning for and provision of affordable housing, will not result in an undue concentration of affordable units for lower income households, and will not be significantly detrimental to the achieving a balance of housing opportunities for all economic groups provided within the residential development (required findings). The land and financial contribution, if necessary, must have a value no less than the net cost of providing the affordable units on-site and both sufficient in acreage and allowable density so as to make production of the required units feasible. Where the required affordable units are located within a master plan area, the first priority for the location of the site is within the same Sectional Planning Area, followed by other Sectional Planning Areas of the same General Development Plan. If the developer can feasibly provide a land set-aside, the City will not approve any other alternative method of compliance with the Affordable Housing Program. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 89 OF 118 -""'~---'-'--' .._,_.._-'._..-., . 2) Off-site Location: Where provision ofland within the project has been duly proven to present an unreasonable hardship, the City may consider developer construction, either individually or in partnership, of an affordable housing project at an off-site location if it is determined that such off-site project will meet those same findings listed above under land set-asides. The off-site project shall satisfy, at a minimum, the original requirements placed on the developer and provides a value no less than the net cost of providing the affordable units on-site. Alternatives to providing affordable housing within the project may include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, construction of second dwelling units, construction of special needs housing projects or programs (shelters, transitional housing, etc.). Where the required affordable units are located within a master plan area, the first priority for the location of alternative affordable housing opportunities is within the same Sectional Planning Area, followed by other Sectional Planning Areas of the same General Development Plan. If the developer can feasibly build or provide the affordable units at an off-site location, the City will not approve any other alternative method of compliance with the Affordable Housing Program. 3) lIT-Lieu Contributions: Where construction, the provision of land, and off-site projects have been duly proven to present an unreasonable hardship, then the City, at the sole discretion of the City Council, may consider the acceptance of in-lieu contributions to be placed in a trust fund and used to provide assistance to other identified affordable housing production or contributions to a special needs housing proj ect or program. The level of contribution shall be evaluated to ensure its adequacy in relation to achieving assistance opportunities commensurate to the level of the original project requirement. The City shall formulate and adopt, by March 2000, Implementation Guidelines for the Affordable Housing Program to maximize the production of affordable housing, ensure an adequately balanced community, and facilitate the evaluation of financial assistance. These guidelines will outline overall Program requirements including, but not limited to, location of the affordable units, intended subsidies, income/rent restrictions, tenure of affordability, schedule for production of the affordable units, and methods to verify compliance. The guidelines will also establish allowable development incentives and criteria for their application, and define conditions under which alternative methods of compliance with the Program may be considered. PAGE 90 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 E) Unit mix by bedroom count shall reflect the appropriate community need and shall be comparable to the unit mix by bedroom count of the market rate units in the residential development, but should provide a minimum of 20 percent of the units with three or more bedrooms to meet the needs of large families. 3.2 Protection of Coastal Housing Five Year Objective: Case by case Funding Source: CDBG, HOME, Redevelopment LowlModerate- Housing Funds, and private sector programs. Target Years: 1999-2004 3.2.1 Coastal Development Monitoring The Community Development department shall comply with State Law and local ordinances regarding the monitoring and reporting of affordable housing units and the new construction ofreplacement affordable housing within the Coastal Zone. 3.2.2 Replacement Housing Where conversion or demolition of housing units in the Coastal Zone occupied by low- or moderate-income households is proposed, such activity will be undertaken by the Community Development department in accordance with State Law and the City's adopted Coastal Plan. 3.3 Provide Incentives for Low Income Housing Construction Five Year Objective: Adoption of a density bonus ordinance. Construction of 10 low- income density bonus units. Evaluate waiving or modifying certain development standards. Evaluate on a case by case basis acquisition of property and land write downs. Funding Source: CDBG, HOME, Redevelopment LowlModerate-Housing Funds, and private sector programs. Target Years: 1999-2004 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 91 OF 118 ^ ~ ~ . ~~ ~ .....-......-- ,-, ..-~...,.. ~- -..-.. - - -.-., --.'.-. .~-- 3.3.1 Density Bonus By March 2000, the City, with direction /Tom the Planning and Building department, shall adopt a density bonus ordinance consistent with State Law requirements. The density bonus ordinance is an appropriate incentive to produce lower-income affordable units and the City will encourage its use where appropriate. 3.3.2 Development Standards The Community Development department, with direction /Tom the Planning and Building department, will evaluate on a case by case basis as requested by developers the possibility of waiving or modifying of certain development standards, such as, but not limited to, parking standards, or the revision of certain Municipal Code provisions to encourage the development of low- and moderate- income housing. The City may provide a reduction in site development standards . or a modification of zoning code or architectural design requirements, for those eligible affordable housing projects requesting such reductions or modifications consistent with Government Code Section 65925 (h). These recommendations will be reviewed based upon a goal to reduce costs associated with overly strict or outdated standards. Although standards may be modified, the City will ensure that the projects will retain aesthetic and design criteria acceptable to the City. 3.3.3 Land Assemblage and Write Downs The City can utilize CDBG, HOME, and Redevelopment monies to write down the cost of land for the development of low- and moderate-income housing by private developers. As part of the land write down program, the Community Development department may also assist in acquiring and assembling property and subsidizing on-site and off-site improvements. 3.3.4 Pursue Affordable Housing Funding Sources The Community Development department shall examine ways to directly secure and/or leverage Federal or State funding, or encourage other agencies to do the same. The intent is to actively monitor the funds available through different and evolving housing programs to facilitate participation of eligible for-profit or non- profit corporations. 3.4 Pursue Housing Opportunities for Lower Income Households, with Attention to Those Who Have Special Needs Five Year Objective: Assist 350 very low- and low-income persons through the Shared Housing Program. Work with the County Housing Authority to compete for rental assistance programs. Work with social service providers to identify 10wer- income elderly or disabled residents PAGE 92 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 and provide housing assistance. Adopt a second dwelling unit ordinance. Construction of 100 housing units within a mixed-use development. Funding Source: CDBG, HOME, Redevelopment LowlModerate-Housing Funds, and private sector programs. Target Years: 1999-2004 3.4.1 Section 8 Rental Assistance The Section 8 Rental Assistance Program extends rental subsidies to very low- income (50 percent of AMI) households who spend more than 30 percent of their income on rent, including mobilehome park space rents. Chula Vista contracts with the San Diego County Housing Authority to administer the Section 8 Rental Assistance CertificateNoucher Program. The Community Development department shall continue to participate in the San Diego County Housing Authority Section 8 Rental Assistance CertificateNoucher Program. At a minimum, the City will strive to maintain the current level of assistance to very low-income households. 3.4.2 Shared Housing The Community Development department will consider continuing to fund a Shared Housing program operated by social service agencies based in the South Bay which facilitate matches between households with extra room and individuals seeking low-cost housing. Most matches involve senior citizens or disabled citizens. 3.4.3 Second Dwelling Units Second dwelling units provide additional low-cost housing opportunIties to residents, particularly for seniors and students. By March 2000, the City, with direction from the Planning and Building department, shall adopt an ordinance which permits second dwelling units under certain conditions. 3.4.4 Special Needs of the Elderly, Disabled, and Single-Parent Households The Community Development department shall encourage the development of housing suitable for the elderly and disabled persons as well as single-parent households to be in close proximity to public transportation and community services. This includes easy accessibility to special services such as day care, elder care, medical services, or recreation. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 93 OF 118 3.4.5 Mixed Use Developments The Planning and Building Department shall review existing zoning and land use policies to remove impediments, if appropriate, and encourage mixed-use developments. 3.4.6 City/Agency Assisted Developments The Community Development Department will continue to work with private for- profit and particularly non-profit residential developers to use local funds from CDBG. HOME Program, Redevelopment Low/Moderate Income Housing Set- aside funds and other City originated funds and leverage them against State. Federal and private low interest funds to create housing opportunities for extremely low. very low and low income households. 3.4.7 Article XXXIV On April II. 1978 under Proposition C, the voters of Chula Vista authorized the development, construction, or acquisition of 400 units of "low rent housing" by the Agency. Of the 400 allowable credits, Chula Vista has utilized 293 units and has a balance of 107 units remaining. The Community Development Department will continue to assess the applicability of Article XXXIV of the California Constitution to certain housing developments where the City and/or Redevelopment Agency of the City are considering financial assistance or other incentives to assist in the development and construction of such housing. Should the Citv/Agency identify that Article XXXIV significantly impacts its ability to assist in the provision of affordable housing, the City would evaluate the possibility of initiating a referendum to obtain more authority for the development, construction, or acquisition of "low rent housing" by the City/Agency. Goal 4 - Increase of Home Ownership Opportunities for Low- and Moderate-income Households 4.1 Encourage the Construction of a Variety of Housing Types Five Year Objective: Assist 130 low-income first-time buyers in fulfillment of the City's Affordable Housing Program. Provide 2S Mortgage Credit Certificates to low- and moderate-income households. Funding Source: CDBG, HOME, Redevelopment Low/Moderate-Housing Funds, and private sector programs. Target Years: 1999-2004 PAGE 94 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 4.1. I Affordable Housing Program The Community Development department shall continue to work closely with developers to encourage that a portion of the low/moderate-income housing required under the City's Affordable Housing Program is built for home- ownership. 4.2 Assist Low-Income Households Purchase A Home 4.2.1 First-Time Homebuyer Programs Financial participation by the City, Redevelopment Agency, or Housing Authority in a first-time homebuyer program will target those families and individuals currently living and/or working in Chula Vista. The Community Development department shall explore setting aside a portion of its Redevelopment LowlModerate Housing Funds or HOME Fund to assist low- and moderate-income families to purchase a home. Funds may be used for closing costs, down payment, and/or below-market interest rate. The City would expect repayment of the loans through its equity share participation to allow the City not only to recoup the loan but also to build the fund for future program activity. If using Redevelopment LowlModerate-Income Housing funds, assistance could be provided to potential homebuyers of Agency-assisted projects or for the purchase of homes within the Redevelopment area. A HOME-funded program would be available to provide assistance to low inc-ome homebuyers for the purchase of a home within Chula Vista. 4.2.2 Homebuyer Information The Community Development department shall continue to make information available to the public on the home buying process and home mortgage lending including Federal, State and local programs. 4.2.3 Homeowner Education and Counseling The Community Development department shall encourage developers, lenders, and social service organizations to provide educational programs and materials for homeowners and potential homeowners on home maintenance, improvement, and financial management. The purpose of the educational programs will be to help, especially first-time homeowners, prepare for the purchase of a home and to understand the importance of maintenance, equity and appreciation, and to budget properly to accomplish such and avoid losing their homes. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 95 OF 118 -"'--''''',' ._... _._. ...."..._~--~- -,~... -~- 4.2.4 Mortgage Credit Certificate The City is a participant in a coalition consisting of the County of San Diego and many other cities in providing Mortgage Credit Certificates (MCC) to qualified first-time homebuyers. The coalition has hired a consultant to administer and implement the program on its behalf and the City contributes to the administration costs of the program. First-time homebuyers are referred by the Community Development department to the consultant. 4.2.5 HUD Homes The Community Development department shall assist non-profit organizations to acquire and rehabilitate homes offered for sale through the U.S. Department of HUD with the expectation that these homes will then be sold to low-income first- time homebuyers. 4.2.6. Single-Family Residential Mortgage Revenue Bonds Single-Family Residential Mortgage Revenue Bonds can be issued by the City (through the Community Development department), County, or non-profit organizations to provide mortgage loans to encourage developers to provide for- sale housing which is affordable to first-time lower-income homebuyers whose incomes do not exceed maximum Federal limits. Buyers must also intend to live in their homes as their principal residence. Mortgage loans offered under the bond program generally have lower interest rates than conventional loans. Loans are available for attached and detached single-family residences. 4.2.7 Sweat-Equity Sweat-equity projects reduce the production or rehabilitation costs of housing as the homeowners provide some or all of the labor required to construct/rehabilitate the homes. The Community Development department shall explore financial assistance for a low-income sweat-equity project. PAGE 96 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Goal 5 - Enable Homeless Individuals and Families to Find Permanent Housing 5.1 Participate in Regional Efforts to Address Homeless Needs Five Year Objective: Continue to participate in regional efforts to address needs of the homeless, including the Regional Task Force for the Homeless, local FEMA Board, Regional Continuum of Care Council, and County of San Diego HoteIIMotel Voucher Program. Construction of 10 transitional housing units. Funding Source: CDBG, Redevelopment Low/Moderate-Housing Funds, FEMA, other federal programs, and private sector programs. Target Years: 1999-2004 5.1.1 Support Existing Regional Services for the Homeless Chula Vista encourages the coordinated efforts to address homeless issues in the area through a continuum of care model. Two non-profit agencies in the South Bay Region (South Bay Community Services [SBCS] and MAAC Project) provide assistance to the homeless or near homeless population. Both SBCS and MAAC Project distribute shelter vouchers to needy families, which allows them to stay at designated local motels. Assistance is provided through the County of San Diego and FEMA. During the winter months, the Interfaith Shelter Network provides shelter for up to 12 people at local participating churches. SBCS also operates several transitional housing programs as described in Section 2 of this Housing Element. The Community Development department shall continue to encourage these efforts to provide case management services, emergency shelters, transitional housing, and will utilize CDBG funding, as appropriate, to aid in these efforts. 5.1.2 Participate in a Regional Approach to Address Homelessness The Community Development department shall continue to partIcIpate in the Regional Continuum of Care Council for San Diego County and the County of San Diego's application for funding through the Federal Supportive Housing Program for the development of new housing facilities for the homeless and the continuing funding of existing facilities. The City will continue its representation on the FEMA Board and the Regional Task Force on Homelessness. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 97 OF 118 .._'.' .------_.... ,~_.~._._..- "----'-"'--"""----"---- ...--...-......-.-.,- ~--_._--,.__..,--_.......--- 5.2 Facilitate Local Facilities that Respond to Homeless Needs Five Year Objective: Provide technical assistance and consider financial assistance to organizations seeking to provide or expand facilities and services within Chula Vista. Funding Source: CDBG, Redevelopment Low/Moderate-Housing Funds, FEMA, other Federal programs, and private sector programs. Target Years: 1999-2004 5.2.1 Evaluate and Identify Facilities and Services The Community Development department shall evaluate support facilities and service needs of the homeless and the near homeless and identify appropriate agencies and resources. 5.2.2 Identify Non-profit Providers to Operate Emergency Shelter Programs Non-profit providers are hesitant to undertake emergency shelter and transitional housing programs because of the difficulty in securing adequate operational funds. In addition to room and board, most shelter programs provide some type of case management and other social services. Providers rely heavily on private donations an'd volunteers to fill funding gaps. The Community Development department can directly assist shelter providers with CDBG or Redevelopment Housing funds, and encourage them to apply for available Federal and State Funding (McKinney, E.S.P. etc). 5.2.3 Facilitate Shelters and Transitional Housing Programs The City will continue to make an effort to meet the needs of the homeless through the following: The Community Development department shall continue to consider providing financial and technical assistance to any organization or consortium of organizations seeking to establish transitional housing or shelter programs to serve the homeless population. The City will take other steps, as necessary, to facilitate these programs (such as amending zoning regulations to allow temporary church-sponsored shelters). The City's Zoning Ordinance currently allows for the development of homeless shelters or transitional housing subject to the approval of a Conditional Use Permit (CUP). Should the City receive an application or other request for siting of such a facility, the City's Planning and Building Department will work to expeditiously process the request through the identification of suitable sites, along with a set of performance criteria under which the CUP will be granted. PAGE 98 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Because site control is of paramount importance for securing State and Federal funding, the City will also consider providing assistance in the site selection and acquisition process. This may include loans, land dedications, or land cost write downs. 5.2.4 Group Homes for Six or Fewer Persons Pursuant to State Law, a residential facility for six or fewer persons may not be treated differently than family dwellings of the same type in the same zone. A residential facility is defined as any family home, group care facility, or similar facility for 24-hour non-medical care. A residential facility also includes a foster family home, small family home, social rehabilitation facility, community treatment facility, and transitional shelter care facility. Therefore, small group homes for six or fewer persons can be located in any of the City's residential districts by right. Goal 6 - Encourage Energy and Waste Conservation as an Integral Part of Homes 6.1 Institute Conservation as Part of New Construction Five Year Objective: On-going Funding Source: There will be no direct cost to the City for encouraging and promoting water and energy conservation and recycling. Target Years: 1999-2004 6.1.1 Implement Federal and State Conservation Laws The Planning and Building department shall require new developments to comply with applicable Federal, State, regional, and local policies and regulations regarding energy and water conservation and air quality improvement. 6.1.2 Resource Conservation - New Housing The Planning and Building department shall encourage energy and water conservation in materials, construction techniques, and features including recycling storage areas, in new housing in conjunction with programs such as "Greenstar" and SDG&E's Comfort Wise Program. 6.1.3 Dual Piping The Engineering department shall continue to require the installation of dual-piping systems in new subdivisions to accommodate the use of reclaimed water for landscaping and other applications as feasible. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 99 OF 118 ~. ... - ...-~--._...~._-~. ~~"'.-'--'--"'~-"'----'-- 6.1.4 Water and Air Quality The Planning and Building department shall continue to require the submission of a "water conservation plan" and "air quality improvement plan" or other substantive equivalent document for large development projects at the Sectional Planning Area (SPA) Plan stage or similar level ofreview. 6.1.5 Title 24 Compliance Review The Planning and Building department shall continue to perform residential Title 24 energy analysis as part of building plan check procedures. 6.2 Promote Conservation in Existing Homes Five Year Objective: Change CHIP Guidelines Funding Source: There will be no direct cost to the City for encouraging and promoting water and energy conservation and recycling. Target Years: 1999-2004 6.2.1 Weatherization Programs The Community Development department shall continue to encourage weatherization programs for low-income households. 6.2.2 Rehabilitation Funds for Conservation Consider and promote energy conservation as an eligible activity for the City's residential rehabilitation programs administered by the Community Development department. Goal 7 - Promote Equal Opportunity for All Residents to Reside in Housing of Their Choice 7.1 Fair Housing Practices Five Year Objective: Respond and provide fair housing assistance to 150 persons Funding Source: CDBG Target Years: 1999-2004 PAGE 100 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 7.1.1 Affirmative Fair Marketing Plans All developers of housing projects which contain more than 20 dwelling units are required to prepare an "Affirmative Fair Marketing Plan," which should be designed to attract prospective homebuyers and/or tenants within the proposed market area, regardless of gender, age, race, national origin, or religion. 7.1.2 Fair Housing Services The Community Development department shall continue to provide fair housing services to Chula Vista residents and housing providers through the Fair Housing Council of San Diego. 7.1.3 Fair Housing Counseling and Education The Community Development department shall continue to provide fair housing counseling services and other referral activities which are designed to further the fair housing requirements of Title VIII of the Civil Rights Act of 1968. The City currently contracts with a fair housing consultant to respond to any requests or complaints regarding fair housing practices within the City and to provide an educational program for both residents and housing providers. 7.1.4 Fair Housing Assessment The Community Development department shall conduct an assessment of impediments to fair housing choice every five years in conjunction with the preparation of the Five-year Consolidated Plan for Housing and Community Development. This assessment will include an analysis of the actual level of discrimination in rental housing, for sale housing, and lending and a review of the Community Reinvestment activity of local lenders. Additionally, the City is required to prepare an annual performance report of all housing and community development activities, including fair housing activities for the year. Goal 8 - Reduction and/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing. 8.1 Streamline Development Processing Five Year Objective: To monitor development process for streamlining opportunities and adhere to the priorities for financial assistance. Funding Source: CDBG, HOME, Redevelopment LowiModerate-Housing Funds, and private sector programs. Target Years: 1999-2004 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 101 OF 118 ,-----...--- --.,.., .._~..._--._~--,-_...._,.. -.----------.- F The Planning and Building department shall continue to review development fees and facility financing to assure that they are as cost-effective as possible. The City will continue to consider subsidizing or deferring fees for affordable units on a case-by-case basis. ) S a 8.1.2 Expeditious Project Processing The Planning and Building and Community Development department~ will continue to use a team approach to the application processing of affordable low and moderate income residential developments. The Departments will continue to implement itotheir project manager system that specifically assigns 3!! Entitlement Project Manager (project planner) and a Community Development Project Coordinator to shepherd projects through the review process and coordinate post-entitlement issues. Additionally, the Planning and Building department, in consultation with the Community Development dDepartment, will assign priority processing of the necessary entitlements and plan checks for such residential development projects which do not require extensive engineering or environmental review. Such affordable housing projects are time sensitive due to deadlines established for the funding sources. 8.1.3 Evaluating Requests for Assistance The City shall consider assisting developers when necessary to enable residential projects to provide preferable product type or affordability in excess of the requirements of the City's Affordable Housing Program. Assistance will be offered to the extent that resources and programs are available and to the extent that the residential development assists the City in achieving its housing goals. The Community Development department shall establish specific procedures for evaluating requests for subsidies involving fees, land write downs, and other forms of City assistance. Evaluation of requests for assistance shall be based on, but not limited to, the effectiveness of the assistance in achieving a preferable product type and/or the affordability objectives of the Housing Element, the capability of the development team, the reasonableness of development costs and justification of subsidy needs, and the extent to which other resources are used to leverage the requested assistance. Priority for financial assistance would be for those projects that have both of the following characteristics: I) a substantial number of the proj eel's units have three bedrooms or more; and 2) a substantial number of the units are affordable to very low-income households (50 percent of area median income or less). This page is intentionally blank. PAGE 104 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 "...__._n............_ ._'. .. .._.,_._,__". .~.... _,'~'_,_.___._____._. APPENDIX A CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 105 OF 118 N o co.. ~ ~ ~ U Z -< :;;: --' C 0::: ~ c.. CI) o ~ ~ Z o Z - CI) ;:J o ::r: 0"1 0"1 0"1 o M C) " ::J ....., E 0"1 0"1 ~ ::J ....., "' ::E o U i: " "' f- "' " '" <: f- z o ;:: "" 5 "- o "- o w f- "' " '" <: f- ~ -< .!j e: <:: o "e- "- e .2 <:: '0 E '" ~ 0- ," -:0 ~~ -v x_ "' " ~ .- " u 0 o 0 ~Z U-'" "'.- " E , . -,,- - " ]e en . "- -2 o " OJ ",0;;;- e- ._ U " u e " o 0 "- 0 en 0- E " U ~ ~O 0", ~ e o U E'" o "- o;? eo UN ii"7 ~~ " e- -g ~ 0 of- ..J " ~& 000 ..J-'. ~ ~- 0" -.:c /:''':' 0- >8 ~ - - " U '" ~ ~ ~ ~ ~ ~ <: ~ ~ ~ U -" u; i:i ;;: . "" .c U ~ - .. " u '" N N N N. N N <: - o e ~ u; " .c e o o '^ - MOO _N - - " U '" 00 N 00 - o - 00 N <: ~ 0- <: U '" ~ ;;: -I' . "- a. ~ o N ~ o ~ ~ ~ ~ <: 2 1: c . en ~ " u '" ~ ~ - N <: ;; " u; e ~ '0 . ::E .~ ~~ - - ,..:~ ...:'" - " U '" ~ - ~ - ~ - " - . ~ ;;: . > U o Z ~ . U ~ - M - ,..: .: " U '" N - N - N - '" N . ~ ;;: . > u o Z ~ . U ~ - ~ o a. ~ ~ - ~ - <: o .c . 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N - "- ~ 0 "- "- " - ~ UJ C;:-= f- E E ~ ~ - "' - - '" . ~ " "- '" < f- ~ "" " '" ~ ~ OJ M ~ '" .:: < < :t: '" ~ '" :I: 0 ~ . :t: ~ .. '" ~ c ~ ~ "0 ;:: .g :;: 0 E :> " -" f- 0 . ~ E 0 0 > ~~ 0 .~ E 0 9 f- "E - 0 "- '" 0 2f- '" U U f- U '" '" '" '" 0 -~ -J ;; 'i3 i5 E ~ " This pa2e left intentionally blank. PAGE 108 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 __~.u ,__..__,___.u..., ...._...__._...._ . APPENDIX B CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 109 OF 118 ^ -- -_._.~ -..-... ~-- . --_. .... ,., -"~.-~ _. ""-"--'-~'.' ~"'---'-"'-".'---'---" This page left intentionallv blank. PAGE 110 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 In Lieu Alternative Affordable housing developers support the City's position to require the new construction of affordable housing. In lieu fees can be effective in producing affordable housing, if the in-lieu fee is calculated to establish the correct gap of what a low-income household can afford to pay for housing and the actual costs of constructing a unit. Typically, however, the revenue generated from the payment of in-lieu fees is insufficient to build the required units that are needed to meet the growing need for housing and more specifically housing that is affordable. Rehabilitation of Rental Housing Where the City/Agency is providing financial assistance for the rehabilitation of units, the City/Agency should look at projects which provide deeper affordability levels than expected from new construction activities and housing for larger families. These rehabilitation projects are typically at rents below market. Typically, those existing units in need of rehabilitation on the Westside of the community are some of the more affordable but are in substandard condition. The older developments are also typically smaller size units of one or two bedrooms. The City's/Agency's participation should involve the conversion of these small units to larger three+ bedroom units. While rehabilitation of existing housing does not add to the overall increase of available housing, the City's participation in the acquisition and rehabilitation of existing housing will convert these market rate units into affordable housing. Additionally, the rehabilitation of this housing will improve the overall quality of life of the residents by ensuring affordable rents, providing new amenities, and renovating substandard housing. Balance of Affordable Housing Activities Encourage the City to continue to implement activities/programs that provide both new construction and rehabilitation opportunities. Encourage the provision of affordable housing opportunities and activities throughout the City. While the City needs to provide new housing opportunities to meet the population growth, the City should balance this policy with the need to preserve and maintain existing housing to so as to prevent the acceleration of neglected and blighting neighborhoods. Identification of Targeted Areas Developers spend their own predevelopment monies and time analyzing projects without the clear direction from the City that the area or project is one that would be supported by the City/Agency. To better focus time and resources, developers would like the City to identifY areas for revitalization and affordable housing opportunities. Design Review Committee (DRC) The DRC makes landscape and architectural recommendations that some members of in the development community believe they are not qualified to make. These individuals believe that PAGE 112 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 at times, recommendations and comments that are made are subjective. Developers would like to see, if possible, more objective comments. DRC recommendations can add to the cost and processing time of projects. For affordable housing projects, additional design costs and delays in processing are critical. Limitations on budgets do not allow for additional costs to satisfy design considerations of the DRC. Affordable housing projects are time sensitive. The available sources of funding have critical deadlines that must be met and any delays jeopardize the project's ability to make these funding deadlines. Additional time added to the processing of projects also adds costs to project. The more time added to the timeline the more interest developers have to pay on their loans. It was noted that the City was currently reviewing the DRC process in an effort to streamline this process. As directed by the City Council, City staff is to make improvements to the existing process by having the DRC adopt procedural policies, meet with representatives of the development community, Chamber of Commerce and the DRC to identify inconsistencies and concerns, and to amend the Municipal Code regarding DRC membership and scope of responsibilities. Developers having more recently dealt with DRC have noted the changes taking place and were hopeful of the process. Plan Check Process The Planning and Building Department has contracted with an outside consultant for the plan check oflarge developments. The use of outside consultants adds another layer of bureaucracy. Developers currently have no point of contact with the consultant. Should developers have questions or need to find out the status of a project, they must contact the City first, the City contacts the consultant, the consultant contacts the City and then the City responds back to the developer. There is no relationship/face with the consultant as there is with City staff. It was noted that the use of consultants for industrial or large-scale developments was intended to assist in speeding up the plan check process. To assist affordable housing developers with the processing of their time sensitive projects, the City could provide a specific contact person in the Building Division. Additionally, developers commented that there appears to be a lack of communication among the development services divisions of Engineering, Planning and Building. At times, it is their impression that staff members within the Building Department have little communication amongst themselves. Developers would encourage coordination and communication between all development services divisions. Affordable housing projects are extremely time sensitive. Such time delays in the processing of affordable housing projects lead to higher costs for the project and jeopardize the available funding sources. The City should establish a fast track process for affordable housing projects. Affordable housing projects are time sensitive due to deadlines established for the funding sources. For CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 113 OF 118 example, tax credit projects are required to pull building permits within 90 days of being awarded the tax credits. Some affordable housing developers have been told that the City does implement a fast track process and an even faster process referred to as the "Red Path". Community Development staff and other developers are not aware of this fast track processing. Coordination Meetin2s With the processing of large affordable housing projects such as Teresina at Lomas Verdes, the developer found the "all hands" coordination meetings to be extremely helpful. These meetings, which involved Planning, Engineering, the City Manager's Office, Community Development and the development team, allowed for issues to be aired and resolved with all parties present. This allowed for a faster processing of the proj ect and demonstrated to the development team the high level of commitment of City staff. Fees Affordable housing projects are paying the same fees as market rate residential developments. However, affordable housing projects do not have the ability to pass these costs on to the project. These projects cannot generate the same revenue sources as market projects, such as rental income. Affordable housing developers strongly advocate the City to waive, reduce, or at a minimum, defer fees for affordable housing. Fees are one of the major governmental roadblocks to the production of affordable housing for low-income households. The City can provide low interest loans to affordable housing developers to assist with the development costs, in particular the costs of fees and permits. However, this assistance does not truly help to reduce the costs of developing affordable housing. Instead of using the City's financial assistance to make the housing more affordable, developers have to use the funds to pay fees and permits. In essence, the City provides $1 million in financial assistance and then affordable housing developers turn right around and pay the $1 million back to the City for the payment of City fees. Many of the City's fees, such as sewer fees and assessment districts, are formula driven. As a result, fees are hard to pin down without having the most accurate information. Accurate estimates within the ballpark are needed. With the budget limitations of affordable housing projects, increases in costs due to wrong estimates of costs such as fees, means hard costs decisions. City staff needs to understand that these projects are not financed through conventional financing and therefore, these projects are much more sensitive to time delays and to increased costs. There is talk of the City of Los Angeles having a user-mendly system that allows developers to get a good estimate of fees. Reference their web site. PAGE 114 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 Otay Water District Difficult to deal with for the processing of projects and payment of fees. School Districts Difficult to deal with for the processing of projects and payment of fees. Often times, developers are dealing with consultants and there is a lack of communication. Communi Facilities Districts CFDs !Homeowner's Association By the time affordable housing developers get involved with a proposal to build an affordable housing project, the property has already been annexed into a CFD and part of the HOA. Affordable housing developers would recommend that those sites for affordable housing projects not be included within a CFD or HOA. CFDs destroy the value of these projects. For those affordable housing projects financed with tax-exempt bonds, CFDs are problematic because they lower the net operating income to be generated from the project and therefore, lower the bond issuance. With the budget limitations and no ability to raise rents (income) for affordable housing projects, increases in costs due to CFDs and HOAs, means hard costs decisions and less financing available. 9% Tax Credit Financin2 . Under the current regulations, affordable housing projects that are developed in response to inclusionary housing (balanced communities) policies are not able to compete effectively against those proposals addressing smart growth principals, housing for persons with AIDs or other special needs housing. Acquisition and rehabilitation projects within revitalization areas are better suited for tax credit financing. Tax Exempt Financin2 For those affordable housing projects developed in response to inclusionary housing (balanced communities) policies, tax exempt financing is the better financing option. As discussed earlier, CFDs are problematic. Unfortunately, in Chula Vista most of the new construction of affordable housing takes place in master planned communities, which are part of CFDs. At best, the lowest targeting of incomes that is financially feasible is 50 percent AMI. The City should not try to request any deeper afford ability than the 50 percent AMI level. The experiences of developers working with the City for the issuance of tax-exempt bonds have been positive. The City has been reasonable in its issuer fee, reporting requirements and its regulatory agreements. The City has allowed the use of private placement letters. CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 115 OF 118 City/A2ency Loans When providing financial assistance to developers of affordable housing, the assistance is typically provided as a below market residual receipts loan. Typical terms: 6 percent simple interest and repayment from a fund equal to ninety (90%) percent of the "Residual Receipts". The 90: I 0 split does not work. Most cities in the region, the County and the State provide financial assistance at a 3 percent interest rate. Developers would recommend that the split of residual receipts be based upon the industry standard of 50:50 and an interest rate of 3 percent. Article XXXIV of the State Constitution Article XXXIV of the California Constitution (Article 34) requires that voter approval be obtained before any "state public body" develops, constructs or acquires a "low rent housing project". A redevelopment agency is a "state public body" for purposes of Article 34, and as a result, if a redevelopment agency participates in development of a "low rent housing project" and that participation rises to the level of development, construction, or acquisition of the project by the agency, approval by the electorate pursuant to Article 34 is required for the project. On April 11, 1978 under Proposition C, the voters of Chula Vista authorized the development, construction, or acquisition of 400 units of "low rent housing" by the Agency. Of the 400 allowable credits, Chula Vista has utilized 293 units and has a balance of 107 units remaining. Analysis of the applicability of Article 34 to affordable housing projects has added time delays and costs associated with attorney fees. Developers would like the City to initiate a referendum to obtain more authority to develop affordable housing within the community. With the majority of residents needing affordable housing and the economic health of the City, this may be the most opportune time to gain voter approval of additional affordable housing. Attorneys Due to the complicated financing of affordable housing projects, issues of relocation, and Article XXXIV, many attorneys representing the investors, developers, and the City are involved. Developers have found the City's Attorneys to be very cautious at times in their approach to relocation and Article XXXIV. This has translated in to time delays to ensure all legal bases are covered and the subsequent increasing costs to the project for legal fees. While developers understand the Attorneys' need to protect the City's interest, it IS recommended that issues be identified as early as possible and some flexibility be given. General Comments Chula Vista is one of the most fiiendly and easiest cities to deal with for the processing of proj ects. PAGE 116 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 MEETING WITH AFFORDABLE HOUSING DEVELOPERS ATTENDANCE June 23, 2000 Julv 14, 2000 Ana Baiz- Torres MAAC Project Ken Sauder, Executive Director Wakeland Housing and Community Development Chris Moxon, Community Development Director South Bay Community Services John Seymour Southern California Housing Development Corporation Wally Dieckmann, Chief Financial Officer Chelsea Investment Corporation Chip Murphy, Project Manager Chelsea Investment Corporation Ruben Islas Avalon Communities Staff Present: Jim Sandoval, Assistant Planning and Building Director Juan P. Arroyo, Housing Manager Leilani Hines, Community Development Specialist CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PAGE 117 OF 118 .no' .___._.. . -._..._.-.....,-_..._--......--_..,.__.._.._._._,.~_...~_..~.- This page is intentionally blank. PAGE 118 OF 118 CITY OF CHULA VISTA HOUSING ELEMENT 1999-2004 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: O"iIORI02 + ITEM TITLE: PUBLIC HEARING: PCM-02-14, consideration of amendments to the EastLake III Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, to incorporate Section II.8 Water Conservation Plan into each ofthe Sectional Planning Area (SPA) Plans. Staff is requesting amendments to the Eastlake ill Sectional Planning Area (SPA) Plan, the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Water Conservation Plans into each of the Sectional Planning Area (SPA) Plans as mandated by the City's Growth Management Ordinance. The developers of the three Planning Areas, in order to meet the Sectional Planning Area (SPA) content requirements, agreed to participate in a pilot program to study and evaluate water conservation measures in their projects. In April 2001, the City retained a consultant to analyze technical water saving devices, evaluate the three SPA projects and develop standards. A number of these standards were incorporated into the pilot programs. The outcome of the study was not only to develop the water conservation program for the three current SPA Plans but also to develop guidelines for the preparation of future water conservation plans. Staff should now be directed to draft guidelines for future water conservation plans using the information contained in the pilot study and report (Attachment 4). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake III Woods and Vistas Replanning Program EIR 01-01, the Otay Ranch GDP AmendmentslVillage 11 SPA Plan EIR 01-02 and the Village Six SPA Plan EIR 98-01. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the Planning Commission: . Recommend that the City Council accept the Water Use Et1iciency: Strategies for Proposed Residential Developments, April 10,2002 report prepared for the City by Bahman Sheikh Ph.D., P.E., and direct staff to draft Water Conservation Plan Guidelines. . Adopt Resolution, PCM-02-14A recommending that the City COImcil approve the proposed amendment to the Eastlake III Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the Sectional Planning Area (SPA) Plan in accordance with the findings contained therein. / Page 2, Item: Meeting Date: V~/n7 . Adopt Resolution, PCM-02-14B recommending that the City Council approve the proposed amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the Sectional Planning Area (SPA) Plan in accordance with the findings contained therein. . Adopt Resolution, PCM-02-14C recommending that the City Council approve the proposed amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan incorporating the required Water Conservation Plan into the Sectional Planning Area (SPA) Plan in accordance with the findings contained therein. BOARDS/COMMISSIONS RECOMMENDATION: On December 5, 2001, the Planning Commission held a joint workshop with the Resource Conservation Commission (RCC) during which the water conservation pilot study and report were discussed. No action was taken. BACKGROUND: Water conservation has become a subject of concern in southern California as local and regional water purveyors strive to meet future water demands as growth continues. As a result, the City Council has become interested in methods to conserve water in master planned communities being developed in eastern Chula Vista. As new projects are being processed the requirements for water conservation have received increased attention. The City's Growth Management Ordinance requires that a Water Conservation Plan (WCP) be prepared for all major development projects (50 dwelling units or greater). The City has undertaken an effort to more systematical1y assess potential water conservation measures in new residential development, and provide a basis for developing guidelines for future Water Conservation Plans. This effort included the preparation of a report and development of a piJot study to evaluate the relative effectiveness, costs and issues associated with the implementation of additional water conservation measures beyond those currently mandated. On April 3, 2001 the City Council approved an Agreement between the City and Bahman Shiekh, Ph.D., P.E., to provide consulting services to analyze technical water saving devices, evaluate three projects and continue efforts to develop a gray water demonstration project. The pilot study participants are EastLake III, Otay Ranch Vil1age Eleven and Otay Ranch Village Six. The Sectional Planning Area (SPA) Plans for al1 three projects have been approved and are conditioned to require preparation of their Water Conservation Plans based on the outcomes of .::L Page 3, Item: Meeting Date: 'ilo//J? the pilot study and information contained in the report. The proposed amendments to the three projects are now necessary in order to incorporate the required Water Conservation Plans into the SPA Plan documents. (See locator maps.) The report, Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, prepared by Bahman Shiekh, Ph.D., P.E., identifies a number of water saving devices and measures having a range of savings, costs and feasibility. (Attachment 4) The most cost effective water conservation devices and strategies fall into three categories, Building Construction, Appliances, and Landscape and Irrigation. The pilot study participants used the list of water conservation measures to develop their individual Water Conservation Plans. The Water Use Efficiency report was distributed to the local water purveyors, San Diego County Water Authority, Otay Water District and Sweetwater Authority, as well as other interested parties for review and comment. We received comments back rrom San Diego County Water Authority, the Sweetwater Authority and ReWater Systems, Inc. The City's consultant, Bahman Sheikh, Ph.D., P.E. made the necessaty corrections and formulated a response to the comments received. (Attachment 5) The report also contains information about gray water systems. A calculation of the benefit/cost ratio indicated that the benefits do not justifY the cost of a gray water system at this time. Gray water stub-outs are identified as a potential measure in new homes to preserve the option for gray water installation in the future should technology, cost and demand for water dictate a change in the perception of gray water. Current federal and state legislation mandates the use of certain water conservation plumbing devices in all new developments. Staff has worked extensively with the developers participating in the pilot study to develop feasible water conservation implementation programs for each of the projects that will achieve water savings beyond what has been required in past water conservation plans. The developers involved in the pilot study all agreed to implement three indoor water saving devices to be installed in all of the dwelling units. In addition each of the projects have also agreed to the implementation of various outdoor measures. The outdoor measures include the funding and provision of an education program by the developers including a landscape guide for all property owners. The education program will be a cooperative effort between the City, Otay Water District and the participating developers. The contents of the landscape guide and scope of the education program are still being refined and will be subject to the approval of the Director of Planning and Building. Because there is no documented information supporting the projected water savings attributed to an educational program and landscape guide, that measure is shown on a separate table and is an estimate of the amount of savings that could occur should the program be implemented by all property owners. 3 -- -_... ....-.--.,...--- .._._----_._--,,~--- ~.."--...- ...-...... .'.-- .-, --.... '-,-._-'.. ....~ Page 4, Item: Meeting Date: 'ViVO? An explanation and summary table of the Water Conservation Plans follow: EastLake III The Water Conservation Plan for EastLake III (Attachment 6) requires implementation of three indoor and three outdoor water conservation measures below: INDOOR Hot Water Pipe Insulation Pressure Reducing Valves Water Efficient Dishwashers OTTTDOOR Evapotranspiration (ET) Controllers in parkway and open space irrigation Water Efficient Landscaping Educational Program The Master Developer will provide educational materials and guidance to new homeowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer wi]] organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project. To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the manufacturers name, and the availability of the water conservation devices. Implementation of all measures except the Educational Program is projected to reduce the total projected potable water demand in EastLake III by 5.3%. It is estimated that the Educational Program could also reduce the total projected potable water demand in EastLake III by an additional 5.3%. Otay Ranch Village Eleven The Water Conservation Plan for Otay Ranch Village Eleven (Attachment 7) reqUires implementation of three indoor and two outdoor water conservation measures below: INDOOR Hot Water Pipe Insulation 01 fTDOOR Evapotranspiration Controllers in all single-family '--I Page 5, Item: Meeting Date: 'VIVO? Pressure Reducing Valves Water Efficient Dishwashers front yards. Landscape Guide & Educational Program The Master Developer will provide educational materials and guidance to new homowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer will organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the manufacturers name, and the availability of the water conservation devices. Implementation of all measures except the Landscape Guide is projected to reduce the total projected potable water demand in Otay Ranch Village Eleven by 14.9%. It is estimated that the Landscape Guide and Educational Program could also reduce the total projected potable water demand in Otay Ranch Village Eleven by an additional 5.7%. Otay Ranch Village Six The Water Conservation Plan for Otay Ranch Village Six (Attachment 8) reqUIres implementation of three indoor and one outdoor water conservation measure below: lliDOOR Hot Water Pipe Insulation Pressure Reducing Valves Water Efficient Dishwashers OT TTDOOR Landscape Guide & Education Program The Master Developer will provide educational materials and guidance to new homowners, install drought tolerant landscaping in selected streetscapes and open areas and require the inclusion of drought tolerant plant material and efficient irrigation systems in the majority of builder installed landscaping. In addition the Master Developer will organize and conduct educational seminars on a semi-annual basis or as agreed upon by the City, the Otay Water District and the Master Developer throughout the construction phase of the project To further promote the Water Conservation Plan the developer will encourage the merchant builders to offer other conservation options to homebuyers and to display those options in their -) Page 6, Item: Meeting Date: 'VIVO? model homes. This will also be achieved through a cooperative effort with the City, the Otay Water District and the Master Developer to provide information when possible including the manufacturers name, and the availability of the water conservation devices. Implementation of all measures except the Education Program is projected to reduce the total projected potable water demand in Otay Ranch Village Six by 4.0%. It is estimated that the Landscape Guide and Educational Program could also reduce the total projected potable water demand in Otay Ranch Village Six by an additional 3.9%. WATER SAVING MEASURES EastLake III Otav Ranch V-ll Otav Ranch V-6 INDOOR Hot Water Pipe 1.3% 2.2% 2% Insulation 13 561 Imd* 15 160 Imd* 13 726 Pnd* Pressure Reducing .9% 1.7% 1.4% Valves 10161 ond* 11 358 DTId* 10284 !md* Water Efficient .3% .6% .54% Dishwashers 3 669 Pnd * 4102 Imd* 3713 Pnd* OUTDOOR ET Controllers for .6% N/A N/A narkwav irriaation 6 780 DTId* Water Efficient 1.5% N/A N/A Landscaping in Open 16,740 gpd* Snace ET Controllers in .7% N/A N/A Onen Snace irriaation 8 655 DTId* ET Controllers in N/A 10.4% N/A front yards of single- 71,830 gpd* familv du's TOTAL POT ABLE 5.3% 14.9% 4.0% ~ATERSAVINGS 59566ond* 102450ond* 27723 ond* 'gallons per day Co Page 7, Item: Meeting Date: 'ViVO? ESTIMATED WATER SAVING MEASURES EastLake III Otav Ranch V-ll Otav Ranch V-6 OUTDOOR Education 5.3% 5.7% 3.9% Program/Landscape 59,070 gpd* 39,330 gpd* 26,490 gpd* guide TOTAL 5.3% 5.7% 3.9% ESTIMATED 59,070 gpd* 39,330 gpd* 26,490 gpd* SAVINGS 'gallons per day Water Conservation Guidelines The water conservation piJot study has provided valuable information for staff to use in developing guidelines for the preparation of future Water Conservation Plans. Based on the results of the pilot study, and the experience gained in preparing the three Water Conservation Plans currently under consideration, guidelines for future Water Conservation Plans should next be prepared. CONCLUSION Water Conservation Plans required by the City's Growth Management Ordinance have been prepared for three separate projects, EastLake III, Otay Ranch Village Eleven and Otay Ranch Village Six, consistent with the outcome of the water conservation pilot study initiated by the City and agreed to by the various project property owners. Staff has concluded that the amendments to the EastLake III Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, are all consistent with the objectives of the pilot study program, requirements of the Growth Management Ordinance, and goals and policies of the Chula Vista General Plan. The proposed amendments are also consistent with the policies and requirements described in the approved EastLake III GDP, and Otay Ranch GDP/SRP. The amendments do not involve changes to planned land use or circulation pattems in the three Sectional Planning Area (SPA) Plans. In addition the an1endments will enhance the environmental quality of the three developments through the implementation of water conservation measures beyond current mandates. Staff recommends approval of the amendments to the EastLake III Sectional Planning Area (SPA) Plan, Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan, and Otay Ranch Village Six 7 Page 8, Item: Meeting Date: 'ViVO? Sectional Planning Area (SPA) Plan, to incorporate Section II.8 Water Conservation Plan into each individual Sectional Planning Area (SPA) Plan. Furthermore, it is recommended that staff be directed to draft Water Conservation Plan Guidelines for future consideration by the City Council. A tt~c.hmp.nt" 1. EastLake III Locator Map 2. Otay Ranch Village Eleven Locator Map 3. Otay Ranch Village Six Locator Map 4. Water Use Efficiency: Strategies for Proposed Residential Developments, April 10,2002, Bahman Sheikh Ph.D., P.E. 5. Response to comments on Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, Bahman Sheikh Ph.D., P.E. 6. EastLake III Section 11.8 Water Conservation Plan 7. Otay Ranch Village Eleven Section 11.8 Water Conservation Plan 8. Otay Ranch Village Six Section 11.8 Water Conservation Plan HIPLANNINGI WCPIPCM02-14 spa amend y RESOLUTION NO. PCM-02-I4A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as EastLake III; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahrnan Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including EastLake III Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the EastLake III Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahrnan Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the EastLake III Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (pCM 02-14) to amend the EastLake III Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and - WHEREAS, the City of Chula Vista Planning Division requests an amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate Section II.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and q WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake III Woods and Vistas Replanning Program EIR 01-01, thus no further environmental review is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said Amendment to EastLake III Sectional Planning Area (SPA) Plan (pCM-02-14) 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 owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May S, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to EastLake ill Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, report prepared for the City by BahnJan Sheikh Ph.D., P.E. and direct staffto draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this Sth day of May, 2002 by the following vote, to- wit: AYES NOES: ABSENT: Kevin O'Neill, Chairperson ATTEST: HlPLANNINGIWCPIELIIlSPA Amend PC reso (0 f 1 '-------!O\ EASTL.Ui.E BUSINESS CEl\'TER II UPPER OTAY RESERVOIR PROJECT LOCATION ~? ~ '\ LOWER OTAY RESERVOIR CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT _ PROJECT DESCRIPTION: C) APPLICANT: CITY OF CHULA VIS IA AMENDMENT PROJECT OTAY LAKES ROAD ADDRESS: Request: Amendment to Eastlake III SPA Plan to incorporate the Water Conservation Plan. SCALE: FILE NUMBER: NORTH No Scale PCM-02-14 1/ C:\DAIFILES\locators\PCM0214.cdr 04/12/02 Exhibit "A" . - _...~_.__...~_.. ---..- DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION II.8 WATER CONSERV ATIONPLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as EastLake III; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahrnan Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including EastLake III Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the EastLake III Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shan be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of filture water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the EastLake III Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the EastLake III Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and /2 Attachment to Resolution No. PCM-02-14A ----_._--._-~....-. WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted EastLake III Woods and Vistas Replanning Program EIR 01-01, thus no further environmental review is necessary; and, WHEREAS, the amendment to the EastLake III Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the EastLake General Development Plan; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to EastLake III Sectional Planning Area (SPA) Plan (PCM-02-l4) 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 owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the EastLake III Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there ITom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the amendment to the EastLake III Sectional Planning Area (SPA) Plan Section 11.8 Water Conservation Plan (Exhibit "B"), accepts the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by BahnJan Sheikh Ph.D., P.E. and directs staff to draft Water Conservation Plan Guidelines. )3 III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the EastLake III Woods and Vistas Replanning Program EIR 01-01, would have no new effects that were not examined in said EIR (Guideline 15168 (c)(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds thaI: (1) there were no changes in the Project ITom EIR 01-01 which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous enviromnental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by EIR 01-01. V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General P1an based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelling units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the EastLake General Development Plan and Chula Vista General P1an in that goals and po1icies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not inv01ve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures. I'f VI. APPROVAL OF AMENDMENT TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve amendment to the EastLake III Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document as set forth in "Exhibit B", attached hereto and based upon the findings and determinations on the record for this Proj eel. VII. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute 1itigation to compel their comp1iance with said conditions or seek damages for their vi01ation. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatica11y revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney HIPLANNINGIWCPIELlII SPA Amend cc reso /'( _ _ _~ .... __.__.........~. ._,._..,._. __.._.__,.._.._..~.___..__.__m__'M"'__.'_"'__'__' _____.... ,_ RESOLUTION NO. PCM-02-14B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Eleven; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahrnan Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahrnan Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent ofthe property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Section II.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and 1(P WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Otay Ranch GDP AmendmentsNillage II SPA Plan EIR 01-02, and therefore no further environmental review or documentation is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the project 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 owners and tenants within 500 feet of the exterior boundaries ofthe property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments report prepared for the City by Bahrnan Sheikh Ph.D., P .E. and direct staffto draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of May, 2002 by the following vote, to- wit: AYES NOES: ABSENT: Kevin O'Neill, Chairperson ATTEST: HlPLANNINGIWCPIVIISPA Amend PC reso 17 -) ~I( ~ 0<;- I ~.() I "6 ~'I /\ ~'?1; D::. ( ~;- ~ I; .='-\ 'l FREEWAY I COMMERCIAL ~/I l( I (\\ r ~II 'II I I \\\\ \~ \\ \ EASTERN URBAN CENTER \ / \ \\, \\\ \ VILLAGE 11 PROJECT f LOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlCANr: CITY OF CHULA VISTA AMENDMENT PROJECT OLYMPIC PARKWAY ADDRESS: Request: Amendment to Olay Ranch Village 11 SPA Plan SCALE: FILE NUMBER: to incorporate the Water Conservation Plan. NORTH No Scaie PCM-02-14 C\DAIFILES\locators\pcm0214cdr 04/12102 ( f Exhibit "A" DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Eleven; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahrnan Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Eleven Sectional P1anning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahrnan Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Eleven Sectional Planning Area (SP A) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and 11 Attachment to Resolution No. PCM-02-14B WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered in the previously adopted Otay Ranch GDP AmendmentslViJlage 11 SPA Plan EIR 01-02, thus no further environmental review is necessary; and, WHEREAS, the amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the Otay Ranch GDP/SRP; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan (PCM-02- 14) 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 owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of __ the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the Otay Ranch ViJlage Eleven Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan Section 11.8 Water Conservation Plan (Exhibit "B"), accepts the Water Use Efficiency: Strategies for Proposed '2P -..---....--.--..-.-......,..-.-....-.-------.--.--..--- . Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E., and directs staff to draft Water Conservation Plan Guidelines. III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP AmendmentsNilIage 11 SPA Plan EIR 01-02, would have no new effects that were not examined in said EIR. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds thaI: (1) there were no changes in the Project rrom EIR 01-02 which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope ofthe Project covered by the FElR 01-02 (Guideline 15168(c)(2)). V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project IS consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelIing units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the Otay Ranch GDP/SRP and the Chula Vista General Plan in that goals and policies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not involve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures. 2-( "_ ___"__.__....., .~___.___.,_ '-.- ..w _" ,.._.____~_,_~__._____._._._.._.,~~._ ".___.. VI. APPROVAL OF AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document as set forth in "Exhibit B", attached hereto and based upon the findings and determinations on the record for this Proj eel. VII. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention ofthe City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, i1legal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney HIPLANNINGI WCPIV II SPA Amend cc reso 22. RESOLUTION NO. PCM-02-14C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Six; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of ChuIa Vista and Bahman Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Six Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by BahnlaIl Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Six Sectional PlaIming Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and 2--5 WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously adopted Village Six SPA Plan EIR 9S-01 and therefore no further environmental review or documentation is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on said Amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan (PCM- 02-14) 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 owners and tenants within 500 feet of the exterior boundaries of the property at Jeast 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May S, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council accept the Water Use Efficiency: Strategies for Proposed Residential Developments report prepared for the City by Bahrnan Sheikh Ph.D., P.E. and direct staff to draft Water Conservation Plan Guidelines. BE IT FURTHER RESOLVED THAT a copy of tIlls Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, tIlls Sth day of May, 2002 by the following vote, to- wit: AYES NOES: ABSENT: Kevin O'Neill, Chairperson ATTEST: HlPLANNINGIWCPIV6SPA Amend PC reso L'( FREEWAY COMMERCIAL I. J PROJECT LOCATION VILLAGE 7 I / ~ I :J ;, '::;I '; ~, , EASTERN URBAN CENTER I I :\ ''I ----~----- ;~ , I , \:\ VILLAGE 11 1\ \ \ \ \~ \ t \~ "\ \ ~ \ , \\~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CITY OF CHULA VISTA AMENDMENT PROJECT Southeast corner of La Media Road ADDRESS: and Olympic Parkway Request: Amendment to Otay Ranch Village 6 SPA Plan SCALE: FILE NUMBER: to incorporate the Water Conservation Plan. NORTH No Scaie PCM-02-14 C:IDAIFILESllocatorsIPCM0214.cdr 04/12/02 ~ Exhibit "A" DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN TO INCORPORATE SECTION 11.8 WATER CONSERVATION PLAN WHEREAS, the property which is the subject matter of this resolution is identified in Exhibit "A" attached and is commonly known as Otay Ranch Village Six; and, WHEREAS, on April 3, 2001, the City Council approved an agreement between the City of Chula Vista and Bahrnan Sheikh, Ph.D. P.E. for the preparation of reports and analyses of water conservation measures for three development projects; and WHEREAS, the property owners of the three development projects, including Otay Ranch Village Six Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was adopted there was no Water Conservation Plan included pending the results of the pilot study program; and WHEREAS, a report containing analyses of water conservation measures and the results of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002, and a copy shall be kept on file with the City Clerk; and WHEREAS, the water conservation report and pilot study program provided necessary information for staff to use in developing guidelines for the preparation of future water conservation plans; and WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the Otay Ranch Village Six Sectional Planning Area (SPA) Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planning Division requests an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document to fulfill the objectives of the pilot study program and the requirements of the City's Growth Management Program (hereinafter referred to as Project); and ;L1o Attachment to Resolution No. PCM-02-14C WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the proposed Project was adequately covered under the previously adopted Village Six SPA Plan EIR 98-01, thus no further environmental review is necessary; and, WHEREAS, the amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan conforms to the policies found in the Chula Vista General Plan and the Otay Ranch GDP/SRP; and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to Otay Ranch Village Six Sectional Planning Area (SPA) Plan (PCM-02-14) 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 owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public hearing was thereafter closed; and WHEREAS, by a vote of the Planning Commission recommended that the City Council approve the amendment; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 8, 2002, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Section 11.8 Water Conservation Plan (Exhibit "B"), accepts the Water Use Efficiency: Strategies for Proposed Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D., P.E. and directs staff to draft Water Conservation Plan Guidelines. ::l-i III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch Village Six Final Environmental Impact Report (FEIR 98-01), would have no new effects that were not examined in said Final EIR. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds thaI: (I) there were no changes in the Project from FElR 98-01 which would require revisions of said envirorunental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous envirorunental report; and (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior envirorunental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the Project covered by the FEIR 98-0 I (Guideline 15168(c)(2)). V. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to implement the requirements of the Growth Management Ordinance that requires a Water Conservation Plan be prepared for all major development projects (50 dwelling units or greater) as a part of the Sectional Planning Area (SPA) Plan is consistent with the Otay Ranch GDP/SRP and the Chula Vista General Plan in that goals and policies in both documents allow for such provision of Water Conservation Plans. B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Project does not involve changes to planned land use or circulation patterns. The Project will enhance the environmental quality of the development through the implementation of water conservation measures )...'? VI. APPROVAL OF AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN The City Council does hereby approve amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to incorporate Section 11.8 Water Conservation Plan into the Sectional Planning Area (SPA) document as set forth in "Exhibit B", attached hereto and based upon the findings and determinations on the record for this Project. VII. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney H\PLANNING\WCP\V6SPA Amend cc rcso :2-'1 .------- - --- - -<-..--.-.-------.----..-,------...-----. Ii EASTLAKE BUSINESS CEI\'TER II UPPER OTAY RESERVOIR PROJECT LOCATION EA.STIAKE VIST."-S LOWER OTAY RESERVOIR \ , \ <" OLnlPlC TRAINING CEl\'TER C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CITY OF CHULA VISTA AMENDMENT PROJECT OTAY LAKES ROAD ADDRESS: Request: Amendment to Eastlake III SPA Plan to incorporate the Water Conservation Plan. SCALE: FILE NUMBER: 50 NORTH No Scale PCM-D2-14 C:IDAIFILES\locatorsIPCMD214.cdr 04/12102 Attachment 1 FREEWAY I COMMERCIAL I ~/I\ !r I ~ I, 'I ~ ~I/ \,,1 , ' ",,\1; ',1\\ \,',\\, " \\\\ '\~ \ \ \. \~ \ / / \"'~ . \\\ \\~ I I I J ~I N' I ~, , I c:: [,I' (/)[ Wi, C::' I t- I ! , ' I EASTERN URBAN CENTER / / ~ / / // PROJECT LOCATION !\~ i \0 ( \ --... \ C HULA VISTA, PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTlDN: C) APPLICANT: Ci;Y OF CHULA VISTA AMENDMENT PROJECT O,-YMPIC PARKWAY ADDRESS: Request: Amendment to Otay Ranch ViII2ge 11 SPA Plan SCALE: FILE NUMBER: to incorporate the Water Conservation Plan. NORTH No Scale PCM-02-14 3J C:IDAIFILESllocatorslpcm0214.cdr 04/12/02 Attachment 2 t \\\ VILLAGE 11 \\,\ FREEWAY \~\\ COMMERCIAL \ \ ,\ ',\ \1 II \\ \\ \,\ ~ EASTERN URBAN CENTER \\\ \\\ " ,\\ 'l I t /J VILLAGE 7 , '", PROJECT lOCATION fI , /' \,/ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Ci>Y OF CHULA VISTA AMENDMENT PROJECT Southeast corner of La Media Road ADDRESS: and Olympic Parkway Request: Amendment to Otay Ranch Village 6 SPA Plan SCALE: FILE NUMBER: to incorporate the Water Conservation Plan. NORTH No Scale PCM-02-14 ~2. C:\DAIFILES\locators\PCM0214,cdr 04/12/02 Attachment 3 PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 05-08-2002 ITEM TITLE: Public Hearing: Consideration of a Conditional Use Permit, PCC-02-39, for Nextel Communications to construct an unmanned cellular communications facility at 2800 Olympic Parkway. Nextel Communications is requesting permission to construct and operate an unmanned cellular communications facility at 2800 Olympic Parkway, at the ARCO Olympic Training Center. The project will consist of a one 35 foot monopalm and 4 live Canary island Palms in a configuration which duplicates the five Olympic rings, and a 250 square foot equipment shelter. The Environmental Review Coordinator has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, minor conditional use permit that does not significantly intensify land use). RECOMMENDATION: That the Planning Commission adopt the resolution recommending that the City Council conditionally approve the proposed cellular communications facility. DISCUSSION: I. Site Characteristics The project site is located at the ARCO Olympic Training Facility at 2800 Olympic Parkway. The 149 acre parcel is zone as Planned Community-Quasi-Public. The Olympic Training Facility is bordered by Olympic Parkway to the north and Wueste Road to the east. Sprint and Verizon also have telecommunication facilities on the site. 2. General Plan, Zoning and Land Use The project is located in the Planned Community/Quasi-Public zone, and has a General Plan Land Use Designation of Quasi-Public. The following table specifies the types ofland uses surrounding the project site: General Plan Zoning Current Land Use Site: North: South: East: Quasi-Public Quasi-Public Quasi-Public Visitor-Commercial PC/PQ PC/PQ PC/PQ CV Olympic Training Facility Open Space Proposed University Site Proposed Tourist Commercial / Page 2, Item: Meeting Date: 05-08-2002 West: Quasi - Public os Salt Creek Preserve The purpose of the Quasi-Public Zone is to provide a zone with uses in appropriate locations which are maintained by public or quasi-public agencies. This zone requires a conditional use permit for cellular facilities. 3. Proposal N extel Communications proposes to construct an unmanned cellular communications facility at the ARCO Olympic Training Facility located at 2800 Olympic Parkway. The monopalm cluster would consist of one 35 foot monopalm and 4 Canary Island palms of varying height. To keep conformity with the existing landscape, the cluster would be staggered and would be in a configuration similar to existing palms, which mirror the five Olympic rings. The antennas are proposed to be placed on the 35-foot monopalm. The antenna height would be approximately 29 feet, measured from ground level to the center of the antennas. An equipment shelter is also proposed. The proposed equipment shelter will have a 250 square foot footprint and will be ten feet tall. It will reflect the architectural features (including color and design) and landscaping ofthe existing Visitor Center. ANALYSIS: In accordance with Section 19.48 (Unclassified Uses) and Section 19.47.040 of the Chula Vista Municipal Code, Conditional Use Permits are required for uses listed in this section of the Zoning Code, and shall be considered by the City Council upon recommendation by the Planning Commission. Due to the increase in public demand for cellular use and coverage, several cell sites have been located within Chula Vista. Nextel is proposing a cell site at the Olympic Training Center to replace their existing site on the top of Mount San Miguel. The removal of the Mount San Miguel site will cause a hole in cellular coverage in a large geographic area of Chula Vista. The proposed cellular site will allow Nextel to maintain signal coverage within the southern portion of the region. The proposed site is zoned Quasi-Public and is not immediately surrounded by residences. There are very few, if any other, large non-residential parcels that will satisfy the coverage objective for this specific area. The proposed use appears to meet the findings necessary to grant Conditional Use Permit, PCC-02- 39. ~ --_......_~... --.- -..---..--.,---.---..-. Page 3, Item: _ Meeting Date: 05-08-2002 I. The proposed use is necessary or desirable to provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed project is desirable as it will increase public convenience by providing essential communication service in the area. The proposed use will be constructed to match the existing landscape in form and character. The proposed use will not interfere with any existing activities or conveniences of the general public and will contribute to the general well being of the community by ensuring uninterrupted cellular service in the Southbay area. 2. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity . Accessibility to clear and reliable communications, which can continue to function in the event of an emergency or natural disaster, may help to enhance the general health, safety, and welfare of the citizens of Chula Vista. The proposed monopalm cluster and equipment shelter will not create a negative visual impact as it will conform to the existing environment and landscape. 3. The proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use will comply with the conditions of the Conditional Use Permit, PCC-02-39 as recommended by Planning Commission and approved by the City Council. All necessary permits from the City to install, operate, and maintain the facility will be obtained. 4. The granting ofthis conditional use permit will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The proposed use is consistent with the general plan ofthe city. According to the Eastern Territories Area Plan Section of the General Plan, most urban development will take place in the Eastern portion of the City. It is Goal #2 of said Area Plan to accommodate and regulate such development. The proposed cellular facility will help accommodate the communication needs of such high urban development throughout the Southbay, as well as the Eastern portion ofthe City. It is a passive use and therefore will not adversely affect the policy and goals of the General Plan. CONCLUSION: The proposed use is compatible with the existing uses on-site at the Olympic Training Facility. The proposed telecommunications facility will conform to all the development standards of the Quasi-Public Zone as well as the policies and goals identified in the City Of Chula Vista General Plan. Staff, therefore, recommends approval based upon the findings and conditions of the 3 Page 4, Item: Meeting Date: 05-08-2002 attached resolution. 1. Locator Map 2. Conditional Use Pennit Application 3. Resolution if OTAY LAKeS ROAD y , ~ \~ EASTLAKE VISTAS (FUTURE) ) , I OLYMPIC P-4~ ~y I PROJECT LOCATION LOWER OTAY RESERVOIR \ \ \ \ \ \ \ \ , \ \ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlcANr: NEXTEL COMMUNICATIONS CONDITIONAL USE PERMIT PROJECT 2800 OLYMPIC PARKWAY ADDRESS: Request: Proposal for the installation and operation of a 35 feet high monopalm telecommunication site on SCALE: FILE NUMBER: the Northwest comer of the Olympic Training Center. l NORTH No Scale PCC-02-39 C\DAIFILES\locators\PCC0239.cdr 02/12/02 ~ I TYPE OF REVIEW REQUESTED Ii ~ Conditional Use Permit (staff use onlY) Case No.: vr~_,,;z. -39 Filing Date: } -d.. Y"-rJ7_ By: ~{k D Variance Assigned Planner: ~ 1.!1,__j.L'fh~':'" Receipt No.: D Design Review Project Accl: (16 -- (Nt; D Special Land Use Permit Deposrt Acct: N/A- (Redevelopment Area Only) Related Cases: l&J Miscellaneous: /vi/"-lof: i!uP t'(ZA D Public Hearing I APPLICANT INFORMATION Ii Applicant Name Phone No. Nr::.XT[;.L CoH;1-1UNIC/tTIONS 8'58 &50 LI2ZS Applicant Address S-riP / Cof'L-EiY lJf'Wf:::; / ::if In=: lCO SAN >>/66 0, CA C?211 I / Applicant's Interest in Property If applicant is not owner. owners authorization DOwn ~ Lease D In Escrow D Option to purchase is required to process request. See signature on Page Two. Arc~ect/Agent Phone No. t!..! PfjC/FfL gSg 50Z (2-00 Architect/Agent Address 5/25 ~..()NVOY ST.) 5{u!E 3/2- I 54N ))(bJO, CA 9l1f! I GENERAL PROJECT DESCRIPTION (for all types) I Project Name ~Atf;1Sl8 Proposed Use SALT C~f!.EE~ i01!?UE.SS TB..Ef!..oH 6toury General Description of Proposed Project (Please use Appendix A to provide 0 full description and justification for the project) SeE. ftrrACHeb Has a representative attended a Pre-Application Conference to discuss this project? Ve:,s If so. what was the date? fl.-l!-Of Pre-App No.: /ICO;< -0'11 I SUBJECT PROPERTY INFORMATION (for all types) Ii Location/Street Address 28m OLYf-fPlt PAr?t:1JAY Assessors Parcel No. Total Acreage Redevelopment Area (if applicable) {;L{3 - OLfO- O?- \~q.sLc /v! A- ,-urrent General I-'Ian ueslgn01ion I Current Lone ueslgnatlon f'lannea community (if applicable) i I \' {< 17(/ ,'":: I I ~i--- , , Icurrent Lana use ~ Is this in Montgomery S.P.? I /i/ (.If- I ~{f? ~~-~ ----- ~ - -~~ CIlY OF CHUlA VISTA FORM A-OEV PL (PAGE 1 OF 2) CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 uevelopment Processing Application Form - Type A Page One 11199 . .-- --"-,._.-"_.-'-_.._--_.._~~'-~-"._...,. ~f~ ~.. - --~--~ - -- CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 ~dvelopment PrOcessing Application Form Page Two mY OF CHUlA VISTA (staff use onlY) Case No.: I PROPOSED PROJECT (all types) I! Type of Use Proposed Landscape Coverage (% of lot) D Residential D Comm. Dlnd. 00 Other Building Coverage (% of Lot) I RESIDENTIAL PROJECT SUMMARY Ii Type of Dwelling Unit(s) Number of Lots No. of Dwelling Units Proposed Existing lBR 2BR 3+BR Total uensny luus/acreJ ! MaXimum I>ullolng Helgm I MinimUm Lot ~Ize I Average lOT ~Ize Parking Soaces Total Off-street Type of Parking (size; whether covered) Required by Code: Provided: Open Space Description (Acres each of private. common. and landscaping) Lross Floor Area (sf) NON-RESIDENTIAL PROJECT SUMMARY II Proposed Existing I>ullolng Helgm 2-50 SQ F='T /0/ Hours of Operation [Days & Hours) ZLt /f (WJI-14N'NEJJ (MILIIY) Anticipated Totol # Employees I Max. # ot employees at anyone time }-'2- / - Z. Parking Spaces Required Spaces Provided Type of parking (size) I-Z Pul3L1C. ME:K/AltJ - Tt}-ff/Jf(Ai(Y 5J1}Nfl!1!(D # or ~Tudents/\...nlldren (if applicable) Age 01 sTuoi;:s/cnlioren (if applicable) ~eatlng capacity W/A NA N/A KlaJATJ\ E~\ ~ NfX\R Print Applicant or Agent Name Appli ant or Agent Signature I CU~$J~h 1-23-02 Date (Af0\Th1 STATES CLvHPlt &:HH/Tf"tt. Print Owner Name s~ 1'r777t~ t1E"b i...b""TfS? Owner Signature* {Required if Applicant is not Owner] Date * Letter of owner consent may be used in lieu of signature. FORM A-PAGE 2 OF 2 7 11/99 ....--.-.....--.,..-------...--------..- . ---------~.,- ~. ~' . - ~ :; _' : c ::" ~ "" i. .: .: ;:" i::: ~ c. ',,"'::'1 J)i. NEXrEl LmER OF AUTHORIZATION SALT CREEK - CA/6952B APPliCATION FOR ZONING/USE PERMIT I, Patrice Milkovich, on behalf of the United States Olympic Committee, owner of the below-described property, do hereby appoint NEXTEL OF CAUFORNTA, INC., a Delaware corporation, d/b/a Nextel Communications, my agent for the purpose of consummating any building or use permit applications necessary to insure NexteJ's ability to use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to Issuance of building permits. Property Address: 2800 Olympic Parkway, Chula Vista, CA 91915 Assessor's Parcel Number: 643-040-07 Signature of Property Owner's Agent: Date:~/ Ix ID'Z..--- I _./~ 'Dlr<d'.ar, AReo/u.S. Olympic Training Cen Authorized Agent: 02Wlreless Solutions, Inc., consultants to Nextel Communications, Inc. g Appendix A PROJECT NAME: PROJECT DESCRIPTION AND JUSTIFICATION SAL.-T tlZa=lC C CA Cc"isz. B) APPLICANT NAME: N5)(T"!::L.. tDH/vIU/JiU'\TI00S Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. Sa AT771C.HEb q NEXfEl NEXTE! COMMUNICATIONS, INC. DescriDtion and Justification for DroDosed wireless site at 2800 alymDic Parkway (ARCa alymDic Trainina Center) City of Chula Vista Nextel Reference: CA6952 / Salt Creek Nextel Communications, Inc. has been authorized by the Federal Communications Commission to construct and operate the first dual purpose digital mobile radio system in the United States. The Enhanced Specialized Mobile Radio system provides four functions in one hand held mobile phone unit: paging, direct- connect DNo-way radio communication, internet connection (including email and data), and the regular mobile phone feature. The Nextel digital system is six times more efficient that current carriers systems, with six times fewer sites to serve the same number of customers. The service area is divided into a grid of theoretically hexagonal geographic areas. At the center of each area is a low power, unmanned station which handles the calls to and from mobile customers within the area. As a cell phone user travels from one area to another with a call in progress, the call is automatically "handed off" to the next station, without interruption. 1. The site for the proposed use is adequate in size and shape. Due to the increased public demand for Nextel coverage in the area of Chula Vista, Nextel must take an existing site on the top of Mount San Miguel off air and replace it with several cell sites located at lower elevations. Removal of the Mount San Miguel site will cause a hole in coverage in a large geographic area of Chula Vista. In order to maintain the area of signal coverage in this region, DNO Nextel sites are currentiy in the process of being developed. One site is proposed to be located at Tiffany Park, at 1713 East H Street. The other site, which is the subject of this zoning application, is proposed for the ARCO Olympic Training Center. This location was chosen for one of these replacement sites due to its collocation opportunity. Another factor that heavily infiuenced selection of this site was its non-residential zoning, which is extremely rare in this area of Chuia Vista. There is no other non-residential location that would satisfy the coverage objective for this specific area. The size of the parcel and minor visual impact to the surrounding residential community were additional factors for the selection of this location. The proposed design is requested by the ARCO Olympic Training Center, to duplicate the planting theme of palms along Olympic Parkway. The antennas are proposed to be placed on a monopalm, measuring 35' at the top of the paim fronds and thereby within the applicable height limit. The monopalm will be clustered with four live Canary Island palms in a configuration duplicating the five Olympic rings in much the same way as the Canary Island palms are now planted in clusters mirroring the five Olympic rings along Olympic Parkway. The antenna height of approximately 29 feet, measured from ground level to the center of the antennas, is necessary to satisfy the coverage need for this particular site. This height will place the antennas just above the crowns of the cluster of live palm. The proposed equipment"Shelter will have a 250 square foot footprint and will be ten feet tall. It is proposed to be constructed with a concave wall to match the Sprint equipment shelter and the Visitor's Information Center. Shrubs identical to those to be placed by Sprint will be planted along Nextel's concave 20 foot front wall, to further mirror the plantings in front of the Visitor's Information Center. 2. The site has sufficient access to streets and highways meet the access needs generated by the proposed use. 10 Nextel Communications site jus ;ion continued... Tiffany Park (CA 7945) Rancho Del Rey Access to the site will be available from Olympic Parkway. Temporary parking for Nextei use will be readily accommodated in the public parking lot surrounding the Center. Nextel's use of this site will not generate any appreciable additional traffic to the area because it is an unmanned facility and will generally be visited only once or twice per month for maintenance purposes. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties. This use will not have an adverse effect upon either adjacent or abutting properties and the site will comply with all city codes and regulations. Adjacent and abutting properties will have a limited view of the facility, and noise code requirements will be easily satisfied. The positive effect this site will have is the continued and enhanced signal coverage and capacity in this region of Chula Vista, where Nextel users such as the CHP, INS, DEA, FBI, and SDG&E can readily come to need secured communications in order to perform their duties. The residents, employees and passersby of this area that are among the public will also benefit from the continued and improved Nextel communications network in this region. 4. The proposed use is deemed essential and desirable to the public convenience or welfare. More than 120,000 million people use mobile phones in the United States, with a new subscriber being added about every 42 seconds. Over 117,000 calls to 911 are made daily by mobile phone users across the United States. This consumer demand drives the wireless carriers' needs to place new cell sites across the nation. When Nextel engineers design a new site for the Nextel communications network and resources are expended to obtain both the landowner's approval and a use permit from the appropriate jurisdiction, it is due to a real need for coverage or enhanced capacity for Nextel mobile phone use in that particular location. The need is expressed through "system busy" signals that customers receive on their phones, indicating their call cannot be processed because there are too many callers being handled by that particular cell site. The only way to solve that problem is to place a new cell site. In this particular location we have the need for increased capacity, as well as a need to maintain coverage in an area that will soon be losing a Nextel site that currently services the area. The nature of Nextel's unique direct connect feature makes it the most efficient method of secured communications for organizations working to protect the public safety. There have been a number of newsworthy events that involved the Nextel communications system: o During the 1994 Northridge earthquake disaster Nextel was the provider of communications services for the earthquake relief provided by the Red Cross. In the aftermath of the Seattle earthquake earlier this year, land lines were overloaded by the volume of calls. The FAA used their Nextel phones and were provided with additional phones to use in their assessment of damage and for use in the organization's temporary air traffic control mobile unit. o Closer to home, during the unfortunate school shooting in Santee, Nextel's nearby cell site (abutting residential property) provided communications for police and city personnel (/ Nextel Communications site jlJ, Jtion continued... Tiffany Park (CA 7945) Rancho Del Ray when the regular telephone services were overloaded by the sudden high volume of calls. . During the Viejas fire the conventional communication systems in Lawson Valley did not function for days during the reconstruction of the infrastructure that was destroyed by the fire. This left the area without the ability for the public to make 911 notifications unle5s cell phones were used. . On April 9, 2001 a bus accident on Inter5tate 8 caused injuries to 35 people. One issue identified during the incident critique was how valuable wireless communications would have been, and how they would have improved the management of the incident had there been wireless telecommunications coverage in the area. . In June of 2001, Nextel placed a temporary cell site at the San Diego Convention Center. The temporary site was placed to provide the hundreds of California Highway Patrol officers and officer5 from the San Diego Police Department with secured communications through their Nextel phones while they provided for the public safety during the Bio 2001 Conference. . And most recently, in the aftermath of the September 11 tragedy, the thousands of Nextel mobile phones that were used by public safety first response teams and support personnel would have been of no use had there not been an existing communications cell site network in place in the New York area. IL RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION TO APPROVE THE CONDITIONAL USE PERMIT, PCC- 02-39, AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT THE ARCO OLYMPIC TRAINING CENTER, 2800 OLYMPIC PARKWAY. WHEREAS, a duly verified application for a conditional use permit was filed with the City Of Chula Vista Planning Division on January 2S, 2002; and WHEREAS, said applicant requests a conditional use permit for an unmanned cellular communications facility at the ARCO Olympic Training Center; and WHEREAS, the project site in Quasi-Public Zone, and requires a conditional use permit for cellular facilities; and WHEREAS, cellular facilities are considered unclassified uses per Chula Vista Municipal Code Section 19.4S; and WHEREAS, the proposed telecommunication facility will be collocated with two other communication facilities at the ARCO Olympic Training Facility; and WHEREAS, the proposed use is compatible with the existing uses on the site and will conform to the development standards of the Quasi-Public Zone; and WHEREAS, the proposed project will be desirable and necessary as a public convenience by providing cellular communication accessibility in Chula Vista. WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, minor conditional use permit that does not significantly intensify land use); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May OS, 2002 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. 13 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC 02-39 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this Sth day of May, 2002 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: - Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary l'f RESOLUTION NO. RESOLUTION: OF THE CHULA VISTA CITY COUNCIL GRANTING APPROVAL OF CONDITIONAL USE PERMIT, PCC- 02-39, FOR AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT THE ARCO OLYMPIC TRAINING CENTER, 2800 OLYMPIC PARKWAY. 1. RECITALS A. Project Site WHEREAS, the area of land commonly known as the ARCO Olympic Training Center, which is the subject matter of this resolution, and is represented in Exhibit "A" hereto and incorporated herein; and for the purpose of general description herein consists of 149.56 acres with a Land Use Designation of Quasi-Public; and B. Project; Application for Discretionary Approval WHEREAS, on January 28, 2002, a duly verified application for a conditional use permit (PCC-02-39) was filed with the City ofChula Vista Planning Department by DCI Pacific on behalf of the applicant Nextel Communications. C. Environmental Determination WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption ITom environmental review (CEQA Section 15305, minor conditional use permit that does not significantly intensify land use); and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the said project on May 08, 2002 and voted X-X-X-X to recommend that the City Council approve the conditional use permit based on the findings and subject to the conditions listed below in accordance with Planning Commission Resolution PCC-02-39; and E. City Council Record on Application WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on in the Council Chambers, 276 Fourth Avenue before the City Council of the City of Chula Vista; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the Project, and said hearing was thereafter closed. I)' Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearing on this project held on May OS, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmental Review Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed project is desirable as it will increase public convenience by providing essential communication service in the area. The proposed use will be constructed to match the existing landscape in form and character. The proposed use will not interfere with any existing activities or conveniences of the general public and will contribute to the general well being of the community by ensuring uninterrupted cellular service in the Southbay area. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Accessibility to clear and reliable communications, which can continue to function in the event of an emergency or natural disaster, may help to enhance the general health, safety, and welfare of the citizens of Chula Vista. The proposed monopalm cluster and equipment shelter will not create a negative visual impact as it will conform to the existing environment and landscape. !t:, _ _"_ ..'----,..._", h'" .._._.._____.. ___._.._...._______ Resolution No. Page 3 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use will comply with the conditions of the Conditional Use Permit, PCC- 02-39 as recommended by Planning Commission and approved by the City Council. All necessary permits from the City to install, operate, and maintain the facility will be obtained 4.) That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed use is consistent with the general plan of the city. According to the Eastern Territories Area Plan Section of the General Plan, most urban development will take place in the Eastern portion of the City. It is Goal #2 of said Area Plan to accommodate and regulate such development. The proposed cellular facility will help accommodate the communication needs of such high urban development throughout the Southbay, as well as the Eastern portion of the City. It is a passive use and therefore will not adversely affect the policy and goals of the General Plan. V. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-02-39, subject to the following conditions. Planning and Building Department: I. Construct the Proj ect as shown or described in the application, elevations, photo simulations and other exhibits submitted for review at the City Council public hearing dated 2. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 3. Cooperate in good faith with other communications companies in co-locating additional antennas on subject property provided said co-Iocatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co- locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial_technical level-or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the permittee and applicant. 17 ". ---._~--_._.,._- Resolution No. Page 4 4. Comply with ANSI standards for EMF emissions. Within six (6) month of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building, which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantifY the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 5. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modifY the Conditional Use Permit. 6. Obtain building permits nom the ChuIa Vista Building Division. The project must comply with all applicable building codes including the 1998 CBC and CEC; also structural calculations will be required. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 8. If applicable, the power source for the proposed project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician (Terry Strauwald, 619-691-5020) prior to issuance of building permit. The proposed facility may not use said power source prior to final approval. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting nom the installation of said electrical services shall be replaced/repaired in kind subject to the appropriate City approval(s). 9. The monopalm and four Canary Palms are to be of varying heights to provide for a naturalistic setting and like the existing palms on the site, should be in the configuration of the five Olympic Rings. 10. The equipment shelter is to reflect the architectural features (including color and design) of the Visitor Center. 11. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. If' Resolution No. Page 5 12. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/conditon, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of ilie use permitted, be expected to economically recover. 13. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative subdivision map, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in cormection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this tentative subdivision map where indicated, below. Applicant' s/operator' s compliance with this provision is an express condition of this tentative subdivision map and this provision shall be binding on any and all of Applicanl's/operator's successors and assigns. 14. This permit shall expire five (5) years after the date of its approval by the Planning Commission. After five (5) years, the Applicant may request an extension of this conditional use permit by the Zoning Administrator. The Zoning Administrator shall review this conditional use permit for compliance with the conditions of approval and shall determine, in consultation with the applicant, whether the project needs to be modified from its original approval as part of the extension approval. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date 17 Resolution No. Page 6 Signature of Representative Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS DAY OF 2002. Presented by: Approved as to form by; Robert A. Leiter Director of Planning & Building John M. Kaheny City Attorney J :\PLANNINC\L YNNElTE\ADMINISTRA TIVE REVIEW\CC-RESO-PCC-02-39.ooc ~ PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 05-08-2002 c,; ITEM TITLE: Public Hearing: Conditional Use Permit PCC-02-23, proposal to allow an existing 423-square-foot unit to remain as an accessory second dwelling unit behind an existing single-family home at 158 First Avenue in compliance with State Government Code Sections 65852.2(b)(1 )(A)-(I) for cities without adopted accessory second unit ordinances. Applicant: Ella Louise Quinones. The property currently has a second dwelling unit, that includes a living room, kitchen and one bedroom that would be in compliance with the applicable provisions ofthe State Govemment Code. The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical exemption from environmental review (CEQA Section 15303 (a) new construction and location of limited numbers of new, small facilities or structures). RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC - 02-23, based on the findings and including the conditions contained therein for an accessory second dwelling unit, per State Government Code Sections 65852.2(b)(1 )(A)-(I), for cities without adopted accessory second unit ordinances. DISCUSSION: 1. Site Characteristics The subject property consists of the proposed unit and an existing single-family home on an 11,761 square foot lot. A wood fence runs 20ft along the front right side and 52 ft. along the rear right side. Access to the rear of the property is provided for by a 140 foot long access easement, which was created for access to the rear parcel. 2. General Plan, Zoning and Land Use The project is located in the R-2P - One- and Two-Family Residence Zone, and has a General Plan Land Use Designation of Residential Low Medium (3-6 dwelling units per gross acre). The R-2 Zone stipulates that single-family dwelling units must be attached. However, per Government Code Section 65852.2(b)(5), accessory second dwelling units (either attached or detached) are deemed to be consistent with the existing general plan and zoning designations for the lot. ",_,._,_"__W"_"O'__ ____.__~_"__..._..__. Page 2, Item: Meeting Date: 05-08-2002 General Plan Zoning Current Land Use Site: North: South: East: West: Residential, Low-Medium Residential, Low-Medium Residential, Low-Medium Quasi-Public Residential, Low-Medium R-2P R-2P R-2P R-2P R-2P Single-family residential Single-family residential Single-family residential Elementary School Two-family residential 3. Proposal The proposal is to retain a 423-square-foot accessory second dwelling unit behind an existing 1564 square-foot primary single-family home. The accessory second unit has already been built without the benefit of City permits. Though the appropriate permits were not obtained prior to construction, the accessory unit is in compliance with state guidelines for cities without adopted accessory second unit ordinances. A conditional use permit is required in order to allow the city to determine compliance with the provisions as provided by the state government code, which states the following under Government Code Sections 65852.2(b)(1 )(A)-(l): (b) (1) When a local agency has not adopted an ordinance by July 1, 1983 or within /20 days after receiving its first application, the local agency shall grant a ,Ipecial use or conditional use permitfor the creation of an accessory second unit if the unit complies with all of the following: (A) The unit is not intendedfor sale or may be rented. (B) The lot is zonedfor single-:family or multi~family use. (C) The lot contains an existing single-family dwelling. (D) The accessory second unit is either attached or detached and located on the same lot. (E) The increasedfloor area of the attached unit does not exceed 30 percent of the existing living area. (F) The total area of the detached unit does not exceed 1,200-sq.ft. (G) Requirements related to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the zone. (H) Local building code requirements to detached dwellings, as appropriate. (1) Approval by local health officer ifprivate sewage disposal system is utilized. ANALYSIS: The proposed project came into the Planning Department as a result of a Code Enforcement Case. On February 2, 200 I, Code Enforcement received a complaint regarding the accessory dwelling unit at 158 First Avenue. As aresultofa Code Enforcement citation, the owner, in order to comply with the Zoning Code, has applied for a conditional use permit. The proposed accessory second unit meets the above criteria, as outlined below: (A) The unit is not intended for sale. Selling it apart form the primary residence on the lot would require subdivision, and the underlying zone for this parcel would not allow that. Page 3, Item: Meeting Date: 05-08-2002 (B) The proposed accessory second unit is in a R-2P (One- and Two-Family Residence) Zone. (C) The proposed 423 square foot unit is constructed on a lot where there is an existing single- family dwelling. (D) The accessory second unit is detached and on the same lot. The total area ofthe detached accessory second unit will be 423-square-feet. (E) N/ A (The existing accessory second unit is detached) (F) The total square footage of the accessory unit does not exceed 1,200 square feet. (G) Site plan and architectural review for the proposed detached accessory second dwelling unit has been provided by staff and shall be approved by the Planning Commission as part of the Conditional Use Permit. The unit will comply with all ofthe required R2P development standards, as outlined in the table below: DEVELOPMENT STANDARD Height Lot Coverage Setbacks: Front Rear Sides Parking ALLOWED 15 feet 50% EXISTING 13 feet 6 inches 21% 15 feet 20 feet 5 feet each side I space (off street) 39 feet 22 feet 26 feet and 8 feet I space (off street) (H) Fees, and other charges shall be paid in association with the required building permit, to be applied for and reviewed in conformance with local building codes upon approval of this Conditional Use Permit; (I) Sewer service will be provided by the City of Chula Vista (not a private system), which means there is no requirement for local health official approval. The existing accessory second unit is an appropriate use for the large, 1I,761-square-foot lot located in the R-2P Zone, where, according to the Chula Vista Municipal Code, "It is the purpose of the city council to provide in this zone a density level commensurate with the density allowable under the most restrictive multiple-family zone but to retain the fundamental characteristics to be found in the R-I zone, i.e. private yards and patios, individual recreational facilities, privately maintained open space, and privacy and self-containment of dwelling units. CONCLUSION: Staff recommends approval of the proposed conditional use permit to allow the owner to retain their existing accessory second unit behind a single-family residence at 158 First Avenue, in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-23. Attachments 1. Locator Map 2. Resolution PCC-02-23 3. Disclosure Statement ---.-.,.."--.--...---........-. ---~-"...._--- -"--"'-'..'. \ \ I ~/\ ~ \ ,\ \ ~ \ ,~ ' \ / \\ \ \ \. \ '"''' S\ , \ \ '\' \ \ \ "v \ \ ,~\ \' ,~ \ \ \_/ \ SI~~L~~LY _/-\, ~ \ \ '----'\ \ \ \ \ ---/ c:P' ,--- , I \ '..--"- J \ \ \ \-y--' \ //\ \ \/~ / S\ .- -,~ \ ' \ _/ ~,rJ~\1.~ I, /..--" \~/// I'\.~ \ ,\/ \ ! ~ \'~ I \ 2~ \ \ tt=\----t: - \ -~-) 1\11 // \ ___-(,/.-___..... / r-- r \ \ ROSEBANK \ --........; L ~~ c-/ 'SCHOOL \ /1, /' '\ \ i r---~ / PROJEC~ \ \///\~\ / lOCATION ~1 "//---Y--\b ~~\/ ..-----, ------ \ \ ~~\ \ , /-/ " /\..-----1~ \ ~ ~------ .\ ~ ~- ~' ,~//,--- ,~--( \ /~, \v---\' , , \ \.;:; \ \ -----.. (), ~ \""E \ , I ','" I /- 0 1..---"' \ \8. \ ~ I ~_/ \ /'8. \/\, ~ \ " YO. \ \ - \-- \ OK'<' , " I., ' \ ~~\ , -\ \ /j:~,/\& \//~ \ ,.- \ \7 _~ . \ \ \ \ ---,,,.-' ~----\ I,~ '\ \ \\ \ '0 '---, --- ~;~\ '\ ~\\ . '~ \~ /I \ \ \~, \ \ \ SINGLE FAMILY \ \ DWELLING \/\\ ' \~ , \ \ l- \...~~Ib I'D \ , \ \ \ ,\ L,___,,___\~ ~\\~\ ~/,-~ ~/~ \ \~~:l , ------J I SYI Y"Q:/ I /i - , I , \ \ ' ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT OESCRIPTION: C) APPLICANT: JORGE SAf\CHEZ CONDITIONAL USE PERMIT PROJECT ADDRESS: 158 FIRST AVENUE Request: Proposal for accessory second unit. SCALE: FILE NUMBER: NORTH No Scale PCC-02-23 j :lhomelplanninglcherrylcllocatorslpcc0223 .cdr 03.014.02 ~, ~ff.t.- -.- . -.. - -...: - ~~-- Q1Y OF CHULA VISTA (619)691-5101 I TYPE OF REVIEW REQUESTED (Check One) ~COnditiOnal Use Permit ~ ' ~ o Variance L~. r :b"CLO .. . ... o Design Review o Special Land Use Permit (Redevelopment Areas Only) CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue uevelopment Processing Application Form - Type A Page One (staff use onlvJ Case No.: c _ _ :2 Filing Date: 1/-;27- C ( By: /lit:::.. Assigned Planner: {7~Lf75 Receipt No.: e ~3g. '1"'Z..- Project Acct: j3t5-q7r- Deposit Acct: ~. " DtQ -7"'l Y Related Cases: ~~ o ZA. Public Hearing I o Miscellaneous: II APPLICANT INFORMATION ,I Archit t:> G, '2\\B If applicant is not owner. owners authorization o Option to purchase is required to process request. See signature on Page Two. ci 'f\ck Phone No. ~'f'l9- : Architect/Agent Address GENERAL PROJECT DESCRIPTION (for all types) Project Name _ \ Pro sed Use \,s-B l~. c.ce;;.SOf () General Description of Proposed Project {Please uSf Ap~dix {- fo provide a 'Ll/i desCrip,tirrn anp justifjf?ation I';!r the project) , I I\Sd'M H-s m:z.. be Ii '"t1\Q. l'YopQ..-j''t~ w4-I\ +\Q... ~C9rtO lH\.tt" w t1'1\ Y\D \ r' l A. I l!.J2. 0.'f<2.. "\,I'j\, 1 -to ~~-t 4 \)~ -\0 (ode.-. I~e... $€c..b1\~ u J\t'T IS. <1. \e4""1 b 0 I \-\- \)~ -\1:> G::6e.- W % f"< Mt+ ile Has a representative attende a Pr -Application Conference to discuss this project? ~ cv.J If so, what was the date? \ I C> Pre-App No.: SUBJECT PROPERTY INFORMATION (for all Loc ion! treet Addfess \ !.:::;-s \s..-\. '5,. Assessors Parcel No. S Gfo - 32.0-2(,00 es) Ion otal Acreage \ ~ 1;ZI.bO edevelopment Area (n applicable) FORM A-DEV PL IFJO.GE 1 OF 2) 12199 ,-, ~(f? ~ - - - ~--~ - -- CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 uevelopment Processing Application Form Page Two 01Y OF CHUIA VISTA I Ii Ilstaff use onlv) Case No.: PROPOSED PROJECT (all types) I I I I i I I IParking Soaces I i I i Landscape Coverage (% of Lot) Building Coverage (% of Lot) Number of Lots Proposed D~ Existing f~ Required by Code: Provided: Total .L J.. Off-street Type of Parking (size: wl"iether covered} 1\01- Cb~6 ,Open Space Description (Acres each of private, common. and landscaping) NON-RESIDENTIAL PROJECT SUMMARY Proposed /Xisting Hours of Operation (Days & Hours) Anticipated Total # Employees Parking Spaces Required ~ ~zo ~Ol Date !l/~;li)/,,/ Date ,.. ,J.{ Print Owner Name " er Signature* (Required if Applicant is not Owner) . Letter of owner consent may be used in lieu of signature. FORM A,PAGE 2 OF 2 11199 ~!f? -f'i- -- ,= ~ ~ ~ , Planninb ~. Building Department Planning Division - Development Processing 276 Fourth Avenue, Chula Vista, CA 91910 (619) 691-5101 OJY OF CHULA VISIA Application Appendix "A" PROJECT NAME: PROJECT DESCRIPTION AND JUST ~g, s;-\- -: d- " 6-- APPLICANT NAME: Please describe fully the pr osed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings' as listed in listed in the Application Procedural Guide. DeSCri;&Jub:~~ ~~ ~OrAi I te+tUe~ ~'fC!0'~ 4- 00qV(J~e.. +~ 3rle al'{\6 Y\e/-Yl "" '- D b~" at l-1- Wl-+l--. +~I.s. ~COf\~~ ~~{~ U" 1\' WilY] :c. I '7z>+ ().. bOI16/Y1] pC2JM1f +0 fO+ 1++ V\D '/)\~~. ~ MI+ A}~ -rk~ ~~1/\1 wcr::. D~a/ t€..CkLt.-\-\!~ (D~M 6J{\6 +k fu fpc'Se ~ +hLS \~ ~ <7-\ \ -to M Y-e A ~ ~u IY\1 "5Jf-ce. \.J,J~ a,rQ... o.~rr\cn.:i',()r\ 1+ : ce.. L +k. IJI\H-. -rk iVta.1Y7 1C>~1~/V\."'L 0.... ~1'l-II'\x. ~ -\~'. ~ ) T~e.. f\aeS5ortj (f ~ Co..V 1<<CZYZ- \.. neQ) . ibO~ ...vI()..~ CJ- 2. :in;" ~ i-uc.co ~(ort6 \.Mrt .1o.\re- /leuJ foUI\~ dl()f1~ 4\ CD~i ~~ l)nY~e~ (Lf\~ ~I+ce O~C~':rr.. ~ fr:-o~ed-. ~oo'iJ.. o..wr'o/Y\j ~ +lrL fe<:j ~ '\ Appendix B ~ THE .Y OF CHULA VISTA DISCLOSURE ~ .TEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. list the names of all persons having financial interest in the property which is the subject of the application or the contr , e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. /' / / 3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust / / / 4. Have you had more than $250 worth of business transacted with any member of the City s~' Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or in ependent ntractors w~ ~o have assigned to represent you before the City in this matter. ~ 2.u--- 6. Have you and/or your officers or agents, in the aggregate, contributed mo e than $1,000 to a Councilmember in the current or preceding election period? Yes _ No If yes, state which Councilmember( s): , ~ I (NOTE: A TTACH ADDITIONAL PAGES \\~D( <- me of contractor/applicant Date: * Person. is defined as: "Any individual, firm, co-partnership, joint ventli;re. associat n social club. freaternal organization. corporation. estate. trust, receiver. syndicate. this and any other county, city and country. city mun polity, district, or other political subdivision. or any other group or combinacion acting as a unit. .. .--., , ---. APPENDIX C (I of I) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: Applicant's Address: ~ Type of Permit: Agreement Date: \) Deposit Amount: This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. . 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. ~, APPENDIX C (20f2) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1.' Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 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 adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. ,-- APPENDIX C (30f3) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions Of proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: }i~~~~ RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION TO APPROVE THE CONDITIONAL USE PERMIT, PCC-02-23, AN EXISTING 423-SQUARE-FOOT ACCESSORY SECOND DWELLING UNIT BEHIND AN EXISTING SINGLE-FAMILY HOME AT 158 FIRST AVENUE, IN COMPLIANCE WITH STATE GOVERNMENT CODE REGULATIONS 65 852.2(b)( 1 )(A)-(I). WHEREAS, on February 2, 2002 Code Enforcement received a complaint regarding an accessory second dwelling unit at 158 First Avenue; and WHEREAS, as a result of the Code Enforcement matter pertaining to the second dwelling unit, a duly verified application for a conditional use permit was filed with the City Of Chula Vista Planning Division on February 28,2002 by Ella Louise Quinones; and . WHEREAS, said applicant requests an accessory second dwelling unit permit for an existing 423-square-foot second unit, which includes one bedroom, one bathroom, and one living room; and WHEREAS, the existing accessory second dwelling unit is in compliance with State Govemment Code Section(s) 65852.2; and WHEREAS, a conditional use permit is required in order to allow the City to determine compliance with State Government Code Section(s) 65852.2(b)(1)(A)-(I); and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3 categorical exemption from environmental review (CEQA Section 15303, new construction or conversion of small structures); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 08, 2002 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony present at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the condition use permit; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend approval of Conditional Use Permit PCC-02-23 in accordance with the findings and subject to the conditions contained in this resolution. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The requested use would take place within an eXlstmg single-family residential neighborhood. The state legislation declares that accessory second units are a valuable form of housing in California, providing housing for family members, students, the elderly, in-home health providers, the disabled, and others, at below market prices within existing neighborhoods. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed accessory second unit will not have a detrimental impact upon the surrounding residential neighborhood. The accessory second unit will be architecturally integrated in terms of design, building materials and colors used with the proposed primary single-family residence. In addition, it will be in conformance with the Uniform Building Code. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-02-23 requires compliance with all conditions, codes, and regulations, as applicable, prior to the final issuance date of any permit or occupancy of any facility on the site for the proposed project. The Planning Commission finds that the request meets the requirements of the California Government Code relating to accessory second units as follows: (A) The unit is not intended for sale or may be rented. (B) The lot is zoned for single-family use. (C) The accessory second unit will be constructed on a lot that contains an existing single- family residence. (D) The accessory second unit is detached and will be located on the same lot as a single- family residence. (E) The total area of the detached unit does not exceed 1,200 square feet. (F) The request meets local requirements related to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the zone. (G) The request meets local building code requirements to detached dwellings, as appropriate. 4.) That the granting of this Conditional Use Permit will not adversely affect the General Plan ofthe City or the adopted plan of any government agency. This Conditional Use Permit is in compliance with the General Plan. Section 65852.2b-5 of the California Government Code provides that accessory second unit permits issued are exempt from the existing or future General Plan and zoning density regulations. BE IT FURTHER RESOLVED, the Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-02-23 subject to the following conditions, whereby the applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT I. The accessory second unit shall be developed and maintained in accordance with the conceptual plans dated 12-15-2001, including a site plan, floor plan, and exterior elevations. 2. Building Permits shall be obtained and shall comply with UBC, 1998 CBC, CPC, CEC, CMC, and 2001 Energy Requirements. ENGINEERING 3. The following fees will be required based on the final building plans submitted: sewer capacity fee based on all new construction or additional plumbing fixtures. There may be requirements set at the time development takes place and/or a building permit is applied for, depending on final plans submitted for building permits. CHULA VISTA ELEMENTARY SCHOOL DISTRICT 4. Prior to issuance of building permits, the applicant shall pay all appropriate school fees. SWEETWATER AUTHORITY 5. The applicant must submit a letter to the Sweetwater Authority from the Chu1a Vista Fire Department stating fire flow requirements. Based on this requirement, the Sweetwater Authority will determine if there is a need for new water systems or substantial alteration to the existing water system. Applicant shall implement any recommendations from the Sweetwater Authority. OTHER CONDITIONS 6. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 7. The accessory second unit shall be connected to the existing sewer lateral, or the other existing utilities such as water, electricity, gas, cable, etc. from the main unit, utilizing the same address. 8. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 10. Applicant/operator shall and does hereby agree to indemnifY, protect, defend and hold harmless City, its City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicanl's/operator's suqcessors and assigns. II. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Representative Date Signature of Representative Date PASSES AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this Sth day of May, 2002, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary J :\Planning\L ynnene\administrative review\RESOLUTION pcc-02-23.doc PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: 05-08-2002 ITEM TITLE: Public Hearing: Variance ZA V -02-06. Appeal ofthe Zoning Administrator's decision of January 23, 2002 to deny a request to exceed the maximum floor area ratio and to encroach into the required rear and side yard setbacks of the R2T Zone. Applicant: Conrado Cabalbag The property owner requests that the Planning Commission consider his appeal of the Zoning Administrator's decision denying a variance from the requirements of Chula Vista Municipal Code Chapter 19, Section(s) 26.180 and 26.090 in order to maintain an existing room addition. The Environmental Review Coordinator has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, minor alterations in land use limitations). RECOMMENDATION: 06. That the Planning Commission adopt the resolution denyingZA V-02- DISCUSSION: I. Site Characteristics The subject site is a 3502 square foot parcel that meets both the minimum lot size and dimension requirements of the R2T Zone. It is similar to surrounding parcels in width, length and configuration. Surrounding residences do not maintain non-conforming floor area ratios, nor encroach into the rear/side yard setback. The parcel presently contains a 2,214 square foot two story structure which includes the existing 402 square foot room addition A previous owner had the room addition constructed without benefit of City permits. The room addition, at one time, did include a second kitchen, which essentially made it another unit within the residence. There is no hardship or special circumstance specific to the property that would merit granting of the requested variance. 2. General Plan. Zoning and Land Use General Plan Zoning Current Land Use Site: North: South: East: Residential, Medium Residential, Medium Residential, Medium Residential, Low-Medium R-2T R-3P12 R-2T R-2T Single-family residential Multi-family residential Single-family residential Single-family residential Page 2, Item: Meeting Date: 05-08-2002 West: Residential, Low-Medium R-2T Single-family residential The purpose of the R2T Zone is to provide for a broader range of lot sizes while retaining the fundamental characteristics of the R-I Zone, i.e. maintained open space, privacy and self-containment of dwelling units. The purpose of the Floor Area requirement of 55% is to help maintain such character in the R2T Zone. The project is located in the R-2T - One- and Two-Family Residence Zone, and has a General Plan Land Use Designation of Residential Medium (6 to 11 Dwelling Units per Gross Acre). The Zoning Administrator found that the proposed increase of Floor Area does not meet Goal 3 Objective 11 of the General Plan, which calls for development that "meets or exceeds a standard of high quality planning and design." The parcel, without an increase in the floor area ratio, conforms to the maximum land use standard of the R-2T Zone. The subject property and the surrounding lots consist of duplex developments that met the development regulations and design standards of the two-family residential (R-2T) zone when constructed. 3. Proposal The proposal is for an increase in the Floor Area Ratio requirement from 55% to 63% and a variance to encroach into a required side yard setback in order to maintain a room addition and an existing window seat that were built without the benefit of the required City permits. The proposal is not in compliance with Chula Vista Municipal Code Title 19, Section 26.180 and 26.090. DEVELOPMENT STANDARD FAR Setbacks: Front Rear Sides Lot Coverage ALLOWED . .....-......-.-.-.-...-.- 55% PROPOSED 63% 15 feet I 5 feet 10 feet 50% 22 feet 6 feet 5 feet 47% The existing, non-conforming room addition includes a 383 square foot family room, a dining room extension with a 20 square foot window seat, and a wet bar that was, at one time, being used as an accessory kitchen. The secondary kitchen gas line has been disconnected as a result of a code enforcement action pertaining to this property. ANALYSIS: The proposed project came into the Planning Department as a result of a Code Enforcement case. On January 3, 2001, Code Enforcement received a complaint of excessive units on this parcel. Code enforcement determined that there were two separate residential units within the existing residence. Both the garage and the subject room addition had been converted into accessory dwelling units without benefit of City permits. The Cabalbags, who had purchased the property with the units already existing, converted the garage back to a garage and discontinued the gas line to the kitchen in the room addition. Subsequent to this, the Cabalbags filed an application for a variance to exceed the maximum floor area ratio and to encroach into the required rear and side yard setbacks. Page 3, Item: Meeting Date: 05-08-2002 The applicant's basis for the variance is that they believe that the large size of their family should be considered as a special circumstance and that a hardship would be created on their family if they were not allowed to retain the existing square footage of the room addition. The Zoning Administrator, under the provisions of Section 19.14.030A of the Chula Vista Municipal Code, has denied ZA V -02-06 based on the following findings offacts: I. There is no hardship or special circumstance associated with the applicant's property. The hardship or special circumstance required to grant a variance must be associated with the applicant's property not personal or family circumstance. The parcel meets the minimum lot size and dimension requirements of the underlying zone, and is similar in configuration to surrounding parcels. Surrounding residences do not maintain non-conforming floor area ratios, nor rear/side yard setback encroachments that are inconsistent with the requirements of the underlying zone. The need for a variance has been created by the construction of floor area and encroachment of the side yard setback without the benefit of required City permits, which is in violation of the applicable zoning requirements 2. The variance request is not necessary for the enjoyment of substantial property rights enjoyed by surrounding properties. Surrounding parcels are very similar to the applicant's in terms of lot size, dimension, and topography. Granting a variance from the rear/side yard setback requirements for the parcel, as well as floor area ratio, would result in the granting of a special privilege to the applicant not enjoyed by surrounding property owners, since neighboring parcels comply with the applicable provisions of the R2T Zone. 3. The variance would have a detrimental impact upon surrounding parcels. The illegal addition encroaches approximately 9 feet into the required rear yard setback of 15 feet and approximately 5 feet into the required side yard setback of 10 feet. Due to the relatively small size of the applicant's parcel and surrounding parcels, setback encroachments result in a situation where there is not sufficient yard space or buffering between structures on adjacent parcels. The Floor Area Ratio limits the dwelling to a specific bulk and scale relative to the size of the lot. In the case of the R2-T Zone, the FAR of55% sets an ultimate limit to the amount of square footage offloor area which may be constructed to equal 55% of the size of the lot. This standard, along with the setback restrictions, are designed to allow ample interior residential living space, while at the same time limiting the size and location of structures consistent with the light, air, privacy, open space standards, and aesthetic values characteristic of the Rl Zone. By exceeding the maximum allowable floor area ratio of55% for the R2T Zone, the applicant has exceeded the intended development intensity of the subdivision. 4. The granting of this variance would adversely affect the General Plan of the City of Chula Vista. The illegally constructed floor area is inconsistent with specified goals and objectives of the General Plan. Goal 3, Objective 11 of the General Plan calls for development that .. meets or exceeds a standard of high quality planning and design." The subject floor area Page 4, Item: Meeting Date: 05-08-2002 is designed so that it unreasonably infringes upon the feeling of open space of surrounding residences. The illegal floor area is located within the required rear/side yard setbacks for the property, which were intended to create a buffer between residential structures. Staff has met with the applicant's representative to discuss alternative options available to the applicant, such as reducing the size of the room addition to conform to the standards. However, the applicant would like to exercise his right to appeal before pursuing alternative options. The applicant also may pursue the matter with the seller of the property. Real Estate controls are in place to ensure that there is full disclosure to potential buyers on the disposition of real property such as non- permitted structures. CONCLUSION: Staff recommends that the Planning Commission deny ZA V -02-06. The applicant's request to exceed the required FAR and setbacks does not meet the prerequisites for granting such a variance per CVMC 19.14.190. The existing room addition should comply with the minimum standards for the R2- T Zone. The granting of said variance would constitute a special privilege not enjoyed by the surrounding parcels, which comply with the applicable provisions of the R2-T Zone. If the Planning Commission determines that a variance shall be approved, staff requests that the Commission refer the matter back with specified findings so that staff may prepare a Resolution of Approval. 1. Locator Map 2. Application for Variance 3. Appeal Application 4. Resolution ZA V-02-06 J:\Planning\Lynnette\administrative review\cabalbag staff reporUCS.dol: \ I \ / / --:- I \~, \-------\ \ \ \-----------1 , ~. ~\I , I ---------------I 1\\ ~ \ , \__----------\ \ --------I \ ,'. III _________\\~ I \ I\. ..--" ~ \\ \ \.. \ I~ \,~\. \ '. \ I. \~ \ I "1----------- ~----I \ \\\.-~I\.\'\ "\I.'~\\\ '.... \I.~~. '. \ ~ . .-------. " \' .------;\ \~ 1_______ " . ~ ______. 1':':---------:: .n\\ . I. ~. I. I. I~. ~.. .. .. -.' ." '..___.---/ . ...------; \ -------.... \ \'. \ \ \ \ .. ~.\ \'\\\ 1\ 1'-----------.-.-5, , I II I ,,'~\\I\\.. .~\ 5:\\<-i:.t:.\ \ ,0 n\ 1____________ ~ '0 \ \.---\ I\\~\I'-'" \1.-- ov ---------\Gi ~ \~/ I \:~ PROJECT \ ~""\ \ '... \. \, \ \ \'0 \__________ \ \ \ \\ \ \ / \ \ \<- t:. t:.\ , ____________ \-\ \ ~\ ~i' 5\ \ \ \ \ \ \ " ____________ ~I \ 'O~Srl I \ ~ I \ \ \ ,\.- _--------------- _____I \ \ ~\1!. ~\ ________, ~ , I \ \ ~\ >' c ____--, _____--.---- I , \ 11):"-------1 \--.--c- ______ \ \ ~ ~~~''-, ~~~//// /~ ,:\ \ \~~ V~ . 's~ "\'. /~/\ ~ / AI.___---" \ \ \ \ ~~NOOO \ \ '\ \ 0 ~... \ " \ ~___~ ~\ ' sri \ \' \ \ ~. '\ II. 'I. \. ~, I \ \ \ '(/)\ I \ \ \ \ \ \ \ \ \ '~I. ~ \ \ \\. \ \. I.'. \ \ \ . ~\ ~'\~QlI\~YY 1\f7J \ /f::\ r7F\JL-J---" \ \ , \ \ \ \ \ ,--------------- I \ \ ,------------I ~\ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPUCANT: CONRADO CABALBAG ZONE VARIANCE PROJECT 75 BISHOP STREET Request: Proposal to exceed the Floor Area Ratio ADDRESS: within the R2T Zone from 55% to 62.68% for a SCALE: FILE NUMBER: 403 square feet room addition. NORTH No Scale ZAV-D2-06 h:\home\planning\locators\ZAV0206.cdr 12/13/01 ~ f ft.. ~ ----=-..-- = - ~~ CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 TYPE OF REVIEW REQUESTED Development Processing Application Form - Type A Page One cnv OF CHUlA VISTA I o Conditional Use Permit [staff use onlY) Case No.: Filing Date: t.:)-~'::D \ By: Assigned Planner: ~)"'-<- Receipt No.: 81-. 0 Project Acct: (-2; (' , - '6 ~ -7 Deposit Acct: f\ 1 A Related Cases: ~ A:- ZA Pubiic Hearing Ii 1QII Variance o Design Review o Speciai Land Use Permit (Redevelopment Area Only) o Misceiianeous: APPLICANT INFORMATION Appiicant Name CONRADO CABALBAG Phone No. 619-427-3154 Applicant Address 75 BISHOP STREET Applicant's Interest in Property CXI Own 0 Lease 0 In Escrow If appiicant is not owner, owner's authorization o Option to purchase is required to process request. See signature on Page Two. Phone No. Architect/Agent KENNETH J. DISCENZA SITE DESIGN ASSOCIATES INC. Architect/Agent Address 1016 BROADWAY, SUITE A, EL CAJON, CA 92021 619-442-8467 GENERAL PROJECT DESCRIPTION (for all types) Project Name CABALBAG ADDITION Proposed Use RESIDENTIAL General Description of Proposed Project (Please use Appendix A to provide a full description and justification tor the project) CONSTRUCTION OF A PROPOSED ROOM ADDITION. V,o\1eI'\1VCe. FGP- vAt? ro e:~CJZ.zc> H"./lJO-1,;-t AND A 5,C.z: 'r'4-~D serl5AG~ ~{;>uc.T7"'''', Has a representative attended a Pre-Application Conference to discuss this project? If so. what was the date? Pre-App No.: I SUBJECT PROPERTY INFORMATION (for all types) Location/ treet Address Ii Assessor's Parcel No. 623-331-10-CO 75 BISHOP STREET Total Acreage 3502 S. F. Redevelopment Area [if applicable) N/A RESIDENTIAL FORM A-DEV Pl (PAGE 1 OF 2) ~{f?- iii!aii; --~ --~ - - ~-- CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 Uevelopment Processing Application Form Page Two 01Y OF CHUlA VISTA i II I (staff use onlY) Case No.: , Type of Use Proposed - Landscape Coverage (% of lOf) I D Residential D Comm. Dlnd. DOther Building Coverage (% of lot) I I I RESIDENTIAL PROJECT SUMMARY Ii Type of Dwelling Unlt(s) Number of Lots No. of Dwelling Units Proposed Existing lBR 2BR 3+BR Total uenslTY (uus/acre) I MaXimum Building Helgnr I MinimUm Lot Size I Average LOT 01ze Parkina Soaces Total Off-street Type of Parking (size; whether covered) Required by Code: Provided: Open Space Description (Acres each of private, common. and landscaping) I NON-RESIDENTIAL PROJECT SUMMARY I IGross Floor Area [ST) Proposed Existing I Building Height Hours of Operation [Ooys & Hours) Anticipated Total # Employees Max. IF OT tmployees at anyone Time Parking Spaces Required Spaces Provided Type of parking (size) i # OT ~tudents/Cnlldren [if applicable} Age OT sTuaenrs/cnllaren (if applicable) I ~eaTlng capoclTy PROPOSED PROJECT (all tyees) SAME _ IT:JiGhature Owner Signature* (Required if Applicant is not Owner) * Letter of owner consent may be used in lieu of signature. CONRADO CABAL BAG Print Applicant or Agent Name 10/26/01 Date 10/26/01 Date CONRADO CABALBAG Print Owner Name FORM A-PAGE 2 OF 2 '.1 ,.;,'1 Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: CABALBAG ADDITION APPLICANT NAME: CONRADO CABALBAG Please describe fully the propqsed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. SEE ATTACHED SHEET A.z~"'1J Application Appendix "Au Project Description and Justification Page 2 Project Name: Applicant Name: Cabalbag Addition Conrado Cabaibag Description & Justification: The project consists of a single-story room addition at the rear of an existing duplex home, located at 75 Bishop Street in Chula Vista. The room addition includes a 383 sq. ft. family room, dining room extension, a wet bar and a 20 sq. ft. window seat attached to the existing dining room, for a total of 403 sq. ft. This project exceeds the 55% Floor Area Ratio (FAR) for the R-2-T Zone (Sec. 19.26.180) by 7.68%. The actual FAR proposed is 62.68%. Also the window seat projects into the side yard setback. The existing setback for the original home is 8.1 ft.; the R-2-T Zone side yard setback is 10.0 ft. (See. 19.26.070) and the proposed setback is 5.18 ft. The existing home was constructed as part of a duplex development in the County of San Diego in approximateiy 1971. This neighborhood was annexed into the City of Chula Vista in 1976. The Cabalbags purchased the property in November of 2000. This room addition is the subject of an existing building permit violation. As such the current owner has removed a garage conversion and now has full use of the garage for vehicular parking and has removed a gas connection to the wet bar area eliminating this as a second kitchen. The following findings of fact exist: 1. The Cabalbags purchased this home as 2,194 sq. ft. of livable space for their family. In spite of the hardship it caused, the garages have been since reconverted to parking as required by the City. This has reduced the livable space to 1,769 sq. ft. This home was constructed 22 ft. from the front property line with an oversized two-car garage. The zoning allows a 15 ft. setback. This limits the possible expansion of the home for actual livable space within the FAR limits. 2. This variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the R-2-T Zone and in the same neighborhood, and this does not constitute a special privilege. 3. Authorizing this variance will not be a substantial detriment to adjacent property and will not materially impair the purposes of the zoning chapter or public interest. 4. Authorizing this variance will not adversely affect the general plan of the City or the adopted plan of any governmental agency. A.z '''f v _ _. ~ _ ~ ~ . _ ~ ~. ..~ . ~..." ~.,.~ ~ ....~ ................. -t:J v v... , vVv APPEAL FORM - . r fE rf':r.~ n~" r:'" ~ I' ll) [f:; \\i> L~ i: 'd c~ : .n' 'I !I } r------ ~u --, I ; "\1 ., . irlii . , U III FEB - 1 2002 ,~! L-. J Date Received ~ ~ I V L Fee Paid 1 I Receipt No. t:) z- 6c:>S's;..(')"'I.~ Case No: city of Chu~a Vista p~anning Department t-'~r~,.'j(\J; ':;'" Appea~ from the decision of: "Zoning ____Planning ____Design Review Administrator commission Committee Name of Appellant: CONRADO CABAL BAG Phone (619 ) 427-3154 Home Address 7S BISHOP STREET, CHULA VISTA Business Address N!A project Address 75 BISHOP STREET VARIANCE Z A V -'O"Z... - CJ G:, (Example: zone change, variance, design reviev, etc) Project Description Please use the space below to provide a response to the decision you are appealing. Attach additional sheets if necessary. SEE ATTACHED SHEET C/t-::.;kl1"----O' Signature of Appellant \ ------------------------------------------------------- --------------------- Do not Write In this space C /3 I 2<.7> L... . D te The above matter has been scheduled for pub~ic hearing before the: ____ Planning Commission city council on Planning Commission Secretary City Clerk Rev. 6/96 U:'h~e'plaoning\.o\.p~~l.rey /l..alJJ ATTACHED SHEET Project Name: Applicant Name: Cabalbag Addition Conrado Cabalbag Description & Justification: The project consists of a single-story' room addition at the rear of an existing duplex home, located at 75 Bishop Street in Chula Vista. The room addition includes a 383 sq. ft. family room, dining room extension, a wet bar and a 20 sq. ft. window seat attached to the existing dining room, for a total of 403 sq. ft. This project exceeds the 55% Floor Area Ratio (FAR) for the R-2- T Zone (Sec. 19.26.180) by 7.68%. The actual FAR proposed is 62.68%. Also the window seat projects into the side yard setback. The existing setback for the original home is 8.1 ft.; the R-2- T Zone side yard setback is 10.0 ft. (Sec. 19.26.070) and the proposed setback is 5.18 ft. The existing home was constructed as part of a duplex development in the County of San Diego in approximately 1971. This neighborhood was annexed into the City of Chula Vista in 1976. The Cabalbags purchased the property in November of 2000. This room addition is the subject of an existing building permit violation. As such the current owner has removed a garage conversion and now has full use of the garage for vehicular parking and has removed a gas connection to the wet bar area eliminating this as a second kitchen. The following findings of fact exist: 1. The Cabal bags purchased this home as 2,194 sq. ft. of livable space for their family. In spite of the hardship it caused, the garages have been since reconverted to parking as required by the City. This has reduced the livable space to 1,769 sq. ft. This home was constructed 22 ft. from the front property line with an oversized two-car garage. The zoning allows a 15 ft. setback. This limits the possible expansion of the home for actual livable space within the FAR limits. 2. This variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the R-2-T Zone and in the same neighborhood, and this does not constitute a special privilege. 3. Authorizing this variance will not be a substantial detriment to adjacent property and will not materially impair the purposes of the zoning chapter or public interest. 4. Authorizing this variance will not adversely affect the general plan of the City or the adopted plan of any governmental agency. IJ. , W3 ._ ..~ _.. _.. 0>. _~__ . .. __ _._.~ ~__..... .___~____ DiE C. OF CHULA VISTA DISCLOSURE STATh......c:NT You arc required to IIle a Statement of Disclosure of a:min DlNDership or financial interests, payments, or campaign contributions, on aU matters which will require discretionary acUon On the pan of the City Council, Planning Commission, and all other officjal bodies, The fonowing information mUSt be disclosed: 1. List the n31lles of all persollS having. financial interest in the.propeny which is the subject of the appllc:ation or the contract, e.g., owner. appIican~ contr.mor, su!>contractor, material supplier. CONRADO CABALBAG ROSALINDA CABALBAG VINCENT CABALBAG 2. Uany person" identified pursuant to (1) above is a wrpOr.ltion or pannership,list the names oton individuaJs owning more than 10% of the shares in Ihe corporation or owning any pannership interest in tbe partnership. 3. II any person" identified pursuant to (1) above is non-profit organization or a t"'s~ list the names of any person serving as director of Ihe non-profit organization or as trust.., Or beneficiary or trustor of the trusL 4. Have you had more than S250 worth of business tr.lmatted with any member of the City staff, Boards, CoinmissioDS, Committees, and Council within the past twelve months? Yes_ No,.l If yes, please indicate person(s):_ 5. Please identtiy c.ach and every person, including any agents, employ=, consultants, or indepeMent COntractors who you have assigned to represent you before the City in tIIis matter. KENNETH J. DISCENZA 6. Have you and/or your Orr;UTS or agents, in the awegate, contnDuted mOre than Sl,ooo to a Councilmember in the currenl or preceding election period? Yes_ No_ U yes, State which Counc:ilmember(s): . . . (NOlE: A1t3cb addilionaJ pages as n~ ~"~ Signature of contractor/applicant Date: 1/31/02 > CONRADO CABALBAG Print or type name ot conuattor/appJicant .. ~ is d.eli.rKd (JJ; ~'9' b:divi.dud, firm. CO-jX1t"tIu:nhip, joinr YCUZU-C; asJocic.:ian, roci.aJ club, frasaTliJ1 ~al\ corporson, c:mt, aw; rrcr:i1l'Oj :yndiCMl; r:his arvJ tznj "dID 'OUNJ, city alld cowtD)', ciIJ nuoucipoJiry, disrricr. Of otha poliriclJJ suhdi'o'ui()f1., or any O:M:r f}YJtip or cornbVl.atiof1 ~tin.; D.1 tJ /.VIi!. ~ .4. 3 IJZ RESOLUT]ON NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION TO DENY THE REQUEST FOR A VARIANCE, ZA V -02-06, FOR 75 BISHOP (APN: 623-33]-]0) TO EXCEED THE MAXIMUM FLOOR AREA RATIO OF THE R-2T ZONE, AS WELL AS TO ENCROACH INTO THE REQUIRED REAR AND SIDE YARD SETBACKS OF THE R2T ZONE. WHEREAS, on January 3, 2001 Code Enforcement received a complaint for excessive living units at 75 Bishop. WHEREAS, as a result of said Code Enforcement matter, a duly verified application for a variance was filed with the City Of Chula Vista Planning Division on December 6,2001; and WHEREAS, the Zoning Administrator, under the provisions of Section 19.14.030.A of the Chula Vista Municipal Code, denied said request based upon the findings of facts as required by CVMC Section 19.14.190; and WHEREAS, said applicant, within ten days of the Zoning Administrator's decision, chose to appeal the decision of the Zoning Administrator to the Planning Commission; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 5 categorical exemption from environmental review (CEQA Section 15305, minor alterations in land use limitations.); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May OS, 2002 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after considering all reports, evidence, and testimony present at said public hearing with respect to the request for a variance, the Planning Commission voted to deny the appeal for a variance; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby deny Variance request ZA V -02-06, in accordance with the findings contained in this resolution. 1. That a hardship particular to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. There is no hardship or special circumstance associated with the applicant's property. The parcel meets the minimum lot size and dimension requirements of the underlying zone, and is similar in configuration to surrounding parcels. Surrounding residences do not maintain non-conforming floor area ratios, nor rear/side yard setback encroachments that are inconsistent with the requirements of the underlying zone. The need for a variance has been created by the construction of floor area and encroachment of the side yard setback without the benefit of required City permits, which is in violation of the applicable zoning requirements. 2. Such a variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning districts and in the same vicinity, and that a variance, if granted would constitute a special privilege. The variance request is not necessary for the enjoyment of substantial property rights enjoyed by surrounding properties. Surrounding parcels are very similar to the applicant's in terms of lot size, dimension, and topography. Granting a variance ITom the rear/side yard setback requirements for the parcel, as well as floor area ratio, would result in the granting of a special privilege to the applicant not enjoyed by surrounding property owners, since neighboring parcels comply with the applicable provisions of the R2T Zone. 3. That the authorizing of such a variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of this chapter or public interest. The variance would have a detrimental impact upon surrounding parcels. The illegal addition encroaches approximately 9 feet into the required rear yard setback of 15 feet and approximately 5 feet into the required side yard setback of 10 feet. Due to the relatively small size of the applicant's parcel and surrounding parcels, setback encroachments result in a situation where there is not sufficient yard space or buffering between structures on adjacent parcels. The Floor Area Ratio limits the dwelling to a specific bulk and scale relative to the size of the lot. In the case of the R2- T Zone, the FAR of 55% sets an ultimate limit to the amount of square footage of floor area which may be constructed to equal 55% of the size of the lot. This standard, along with the setback restrictions, are designed to allow ample interior residential living space, while at the same time limiting the size and location of structures 4. That the granting of such variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. This request for a variance is not in compliance with the General Plan. The variance in floor area and to encroach in the rear and side yard setbacks is inconsistent with Goal 3 Objective II of the General Plan, which calls for development that "meets or exceeds a standard of high quality planning and design." The subject floor area is designed so that it unreasonably infringes upon the feeling of open space of surrounding residences. The illegal floor area is located within the required rear/side yard setbacks for the property, which were intended to create a buffer between residential structures. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALFORNIA, this 8th day of March, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary J:\PlanninglLynnetteladministrative reviewlRESOLUTION NO ZA V-02-06.doc