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.
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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
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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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EXHIBIT "A"
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PLANNING COMMISSION AGENDA STATEMENT
Item:
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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CITY OF CHULA VISTA
HOUSING ELEMENT 1999-2004
PAGE 61 OF 118
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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
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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
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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
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CITY OF CHULA VISTA
HOUSING ELEMENT 1999-2004
PAGE 71 OF 118
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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
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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
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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
-'~""'~-"
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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
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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
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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
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PAGE 108 OF 118
CITY OF CHULA VISTA
HOUSING ELEMENT 1999-2004
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APPENDIX B
CITY OF CHULA VISTA
HOUSING ELEMENT 1999-2004
PAGE 109 OF 118
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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
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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
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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
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EASTL.Ui.E
BUSINESS
CEl\'TER II
UPPER
OTAY
RESERVOIR
PROJECT
LOCATION
~?
~
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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
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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
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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
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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
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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
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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
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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
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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
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Icurrent Lana use ~ Is this in Montgomery S.P.? I
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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
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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
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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
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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
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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
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o Miscellaneous:
II APPLICANT INFORMATION
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Archit
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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.
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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
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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 \
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Assessors Parcel No.
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otal Acreage
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FORM A-DEV PL IFJO.GE 1 OF 2)
12199
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CITY OF CHULA VISTA
Planning & Building Department
276 Fourth Avenue
(619)691-5101
uevelopment Processing
Application Form
Page Two
01Y OF
CHUIA VISTA
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Ilstaff use onlv)
Case No.:
PROPOSED PROJECT (all types)
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IParking Soaces
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i Landscape Coverage (% of Lot)
Building Coverage (% of Lot)
Number of Lots
Proposed
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Existing
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Required by Code:
Provided:
Total
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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
~
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Date
!l/~;li)/,,/
Date
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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
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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.
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'\ 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:
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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..
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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 _ _. ~ _ ~ ~ . _ ~ ~. ..~
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APPEAL FORM
- .
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"\1 ., .
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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