HomeMy WebLinkAboutPlanning Comm Reports/2001/11/14
AGENDA
CITY PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m
Wednesday, November 14, 2001
Council Chambers
276 Fourth Avenue, Chula Vista
CALL TO ORDER
ROLL CAWMOTIONS 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: Close of Public Review Period for the Otay Ranch Village Six
Sectional Planning Area Plan Draft, Second Tier Environmental
Impact Report (EIR 98-01)
Project Planner: Marisa Lundstedt, Environmental Projects Manager
2. PUBLIC HEARING: Consideration of amendments to the City of Chula Vista Housing
Element of the General Plan for the 1999-2004 planning period and
an addendum to Negative Declaration (15-00-08).
Project Planner: Leilani Hines, Community Development Specialist II
Staff recommends Public Hearing to be continued to November 28,
2001.
3. PUBLIC HEARING: PCA-02-03; Amending the City of Chula Vista's Municipal Code,
Title 19, Sections 19.09.040 A, B, and D; the Growth Management
Program Sections 3.3.1, 3.4.1, and 3.6.1; and the Fire/EMS, Police,
and Library Threshold Standards of the City's ThresholdlStandards
and Growth Management Oversight Commission Policy.
Project Planner: Daniel Forrester, Associate Planner
4.
ACTION ITEM:
Request to waive the applicable Residential Construction Tax for
those designated housing units for low and moderate income
families within the Heritage Town Center development located at
East Palomar Street between Santa Rita Avenue and Santa Andrea
Avenue within a multi-family and commercial area identified in
Applicant- South Bay Community Villas, L.P.
Project Planner: Juan Arroyo, Housing Coordinator
Planning Commission
- 2.
November 14, 2001
DIRECTOR'S REPORT:
COMMISSIONER COMMENTS:
ADJOURNMENT:
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 servicc, 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 Telecommunications Devices for the Deaf (TOO) at 585-
5647. California Relay Service is also available for the hearing impaired.
C:Vv\y Documenls\PLANNING COM AGFNDA 11~14-01 .doc.doc
PLANNING COMMISSION AGENDA STATEMENT
Item No
Meeting Date:
3
11/14/01
ITEM TITLE:
Public Hearing: PCA-02-03, City-initiated proposal to amend the
Growth Management Ordinance; the Growth Management
Program; and the Threshold/Standards and Growth Management
Oversight Commission Policy, to enact corrected threshold
standards for Police and Fire/Emergency Medical Services, and a
revised Libraries threshold standard
Resolution PCA-02-03 recommending City Council adoption of
proposed amendments to Sections 19.09.040 A, B, and D of the
Chula Vista Municipal Code; Sections 3.3.1, 3.4.1, and 3.6.1 of the
City's Growth Management Program, and the Police,
Fire/Emergency Medical Services, and Libraries threshold
standards of the City's Threshold/Standards and Growth
Management Oversight Commission Policy
BACKGROUND:
At the May 31,2001 joint meeting of the Growth Management Oversight Commission
(GMOC), Planning Commission, and City Council, the GMOC presented the 2000
Growth Management Annual Report, which calls for amendments to the threshold
standards for Police, Fire/Emergency Medical Services, and Libraries. The Planning
Commission and City Council unanimously accepted the report, and directed staff to
prepare the proposed changes in threshold standards for formal adoption.
The Environmental Review Coordinator has determined that the proposed amendments
are exempt from environmental review under General Rule 15061 (b) (3) of the CEQA
guidelines.
RECOMMENDATION: That the Planning Commission hold the public hearing and
adopt the attached Resolution PCA-02-03 recommending that the City Council adopt the
attached Draft City Council Ordinance amending Sections 19.09.040 A, B, and D of the
Chula Vista Municipal Code (Attachment I); and the attached Draft City Council
Resolution amending Sections 3.3.1, 3.4.1, and 3.6.1 of the City's Growth Management
Program, and the amendments to the Threshold/Standards and Growth Management
Oversight Commission Policy (Attachment 2), to enact corrected threshold standards for
Police and Fire/Emergency Medical Services, and a revised threshold standard for
Libraries.
DISCUSSION:
Police and Fire Threshold Standard Amendments
The original Police and Fire response time threshold standards, established in 1988, were
calculated incorrectly, as they were set during a pre-Computer-Aided Dispatch (CAD)
period of time when record keeping was rudimentary at best. Due to the lack of
Page 2, Item
Meeting Date 11/14/01
automation, dispatch times (and also turnout times for Fire) were estimated and
calculated manually.
Three factors in particular led to the development of erroneous original thresholds:
. Inaccurately low baseline dispatch times were used to set the standards.
Because dispatch time was recorded manually by punch cards, and dispatchers
were often extremely busy, card punching often occurred after the fact, which
created a disproportionate number of "zero" dispatch times. As a result, the
estimated average Police and Fire dispatch time in 1988 was 18 and 20 seconds
shorter. respectively than it likely was.
. Zero call times were not deleted from the database used to calculate response
times. Some emergency calls have zero dispatch, travel and/or response times,
which give a false picture of within-threshold calls. These data errors should be
deleted from the database before calculating averages, but this was not always
done in the past.
. Natural fluctuations were not accounted for. Data typically fluctuates from
year to year, or from one measurement to another. Any threshold should account
for this natural, random statistical variation. A widely accepted factor of 2.5%
should be (and was) applied to the 1988 percentage thresholds, but not the
average response time thresholds.
For comparison purposes, below and on the next page are two tables for Police and
one for Fire that show the original and proposed corrected threshold standards.
FY 1999-00
1,750 of 76,738
81.0%
75.9%
5:30
5:50
Pro osed Corrected Threshold
Page 3, Item
Meeting Date 1I/I4/01
Proposed Corrected Threshold
57.0%
7:30
9:37
FY 1999-00
23,898 of 76,738
46.4%
The proposed corrections to the threshold standards are based on a more precise
calculation from the CAD system implemented in 1998. The system tracks and accurately
reports response times, thus eliminating human error. In addition, the proposed thresholds
reflect statistical methods omitted in calculating the original thresholds. Changes to the
thresholds do not lower quality of 1ife in Chula Vista and are not growth-related. They
correct flaws in the calculation of the existing threshold standards established in 1988. As
always, the departments will continue to provide a proactive and professional level of
service to the community despite the proposed change in thresholds.
The Police Department continues to see improvement in response times. Response times
to emergency (Priority One) calls for service have improved dramatically and are
expected to be in compliance with the proposed threshold standard for the FY 00-01
reporting period. Response times to urgent (Priority Two) calls also appear to have
improved.
Fire Department Threshold performance has been very consistent over the last ten years.
There has been a consistent pattern of Fire Department response times from 1990 to
1999. It is important to note that this new Threshold Standard (80% within 7 minutes) is
not recommended in anticipation of lower future performance levels. To the contrary, as
reported this year there has been an improvement in performance from the previous
year's data. It is anticipated that Fire Department performance will continue to improve
in future years.
Page 4, Item
Meeting Date 11/14/01
Libraries Threshold Standard Amendments
The current threshold standard is 500 gtoss feet (GSF) per 1,000 population. The 1987
Library Master Plan called for a range of 500 to 700 GSF of library per 1,000 population.
Based on that range, new libraries were being designed to provide 600 GSF per 1,000
population. However, the range created confusion among staff and developers. Staff
therefore considered an amendment to the threshold standard for the 1998 GMOC review
period to change the standard to 600 GSF per 1,000 population. However, after further
consideration, staff felt that the threshold should be defined as the total square footage
required at buildout, based upon the revised 1998 Library Master Plan. The 1998
Library Master Plan calls for the construction of two library branches of 30,000 GSF
each, one in Rancho del Rey and one in the Eastern Urban Center in Otay Ranch.
Therefore, the proposed threshold standard now reads as follows:
The City shall construct 60,000 square feet (GSF) of additional library space, over
the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The
construction of said facilities shall be phased such that the City will not fall below
the city-wide ratio of 500 GSF per 1,000 population. The new library facilities
are to be adequately equipped and staffed.
It should be noted that three minor changes have been made to the wording from the
GMOC report. The word "additional" has been substituted for the word "new" in the
first line and the phrase "over the June 30, 2000GSF total" has been added in the second
line, to more clearly define the intent for new development to provide more library space
and over a base year amount. In addition, the phrase "by buildout" has been added in the
second line to better define when the additional library space will be needed.
FISCAL IMPACT: The proposed corrections to the Police and Fire/Emergency
Medical Service threshold standards do not have a fiscal impact on the City's General
Fund. The proposed revision to the Libraries threshold standard also does not have a
financial impact. However, as was the case with the previous Libraries threshold
standard, the construction of additional library facilities does impact the General Fund
through the need to budget funds for the ongoing operating expenses to run these
facilities once they are constructed.
RESOLUTION NO. PCA-02-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
TO AMEND CHAPTER 19.09.040 A, B, AND D, OF THE CHULA VISTA
MUNICIPAL CODE; AND RECOMMENDING THE CITY COUNCIL ADOPT
A RESOLUTION AMENDING SECTIONS 3.3.1 A AND B, 3,4.1, AND 3.6.1 OF
THE GROWTH MANAGEMENT PROGRAM, AND THE POLICE, FIRE/EMS,
AND LIBRARY THRESHOLD STANDARD OF THE CITY'S THRESHOLD
STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION
POLICY, TO REVISE THE POLICE, FIRE/EMS, AND LIBRARY
THRESHOLD STANDARDS.
WHEREAS, at the request of the City of Chula Vista Police, Fire/EMS, and Library Departments, the
City's Growth Management Oversight Commission (GMOC) has evaluated the need for amendment of the
respective Police, Fire/EMS, and Library Threshold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence of the Police, Fire, and Library Departments, presented
revised Police, Fire/EMS, and Library Threshold Standards as part of its 2000 Annual Report; and,
WHEREAS, at the May 30, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the revised Threshold Standards, and directed staff to prepare the proposed
changes in Threshold Standards for fonnal adoption; and,
WHEREAS, on November 14,2001, the Planning Commission voted _ (X-X) to recommend that the
City Council enact the amendment in accordance with its Resolution PCA 02-03; and
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the
City at least ten days prior to the hearing; and,
WHEREAS, the Environmental Review Coordinator detennined that the amendment is exempt from
environmental review pursuant to General Rule 15061 (b) (3) of the California Environmental Quality Act
guidelines.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council adopt amendments to Section 19.09.040. A, B, and D of the Municipal Code
as shown in the attached draft Ordinance (Attachment I), and amendments to the Growth Management Program
and amendments to the Threshold Standards and Growth Management Oversight Commission Policy as shown
in the attached draft City Council Resolution (Attachment 2).
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 14th day of November, 2001, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
C:\DFFILES\GMOC\THRESHOLD CHANGE\PC RESOLUTION. DOC
Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
19.09.040 A, B, AND D OF THE CHULA VISTA MUNICIPAL CODE TO
ENACT REVISED POLICE, FIRE/EMS, AND LIBRARY THRESHOLD
STANDARDS,
WHEREAS, at the initial request of the City ofChula Vista Police, Fire/EMS, and Library Departments,
the City's Growth Management Oversight Commission (GMOC) has evaluated the need for amendment of the
respective Police, Fire/EMS, and Library Threshold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence of the Police, Fire, and Library Departments, presented a
revised Police, Fire/EMS, and Library Threshold Standards as part of its' 2000 Annual Report; and,
WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the revised Threshold Standard, and directed staff to prepare the proposed
changes in Threshold Standards for formal public hearing adoption; and,
WHEREAS, on November 14, 2001 the Planning Commission held a duly noticed public hearing, and
voted (X-X-X) to recommend that the City Council enact the amendment in accordance with its Resolution
PCA 02-03; and,
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment to the
Municipal Code, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely , at _ PM
in the Council Chambers, 276 Fourth A venue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and
ordain as follows:
SECTION 1: That the amendment is exempt from environmental review pursuant to General Rule
15061 (b) (3) of the California Environmental Quality Act guidelines.
SECTION II: That the proposed, revised standards are well-reasoned, and forms a workable and
logical foundation for annual progress/compliance reporting on Police, Fire/EMS, and Library efforts at the
local level.
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SECTION III: That the City Council hereby adopts the proposed amendments to Sections 19.09.040
A, B, and D of the Chula Vista Municipal Code, as shown on Exhibit "A" attached hereto and incorporated
herein by this reference.
SECTION IV: This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its second reading and adoption.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
John M. Kaheny
City Attorney
Doug Perry
Acting Fire Chief
David Palmer
Library Director
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Exhibit A
Chapter 19.09
Growth Management
Section 19.09.040 Quality of Life Threshold Standards
Subsection A thereto is proposed to read as follows:
A. Police
I. Emergency Response: Properly equipped and staffed police units shall
respond to &4 !li percent of "Priority One" emergency calls within seven
(7) minutes and maintain an average response time to all "Priority One"
emergency calls of 40 5.5 minutes or less.
2. Respond to @ 57 percent of "Priority Two Urgent" calls within seven (7)
minutes and maintain an average response time to all "Priority Two" calls
of +.() 7.5 minutes or less.
Subsection B thereto is proposed to read as follows:
B. Fire and Emergency Medical
1. Emergency response; Properly equipped and staffed fire and medical
units shall respond to calls throughout the City within 7 minutes in ~ 80%
(cuffent service to be verified) of the cases (measured annually).
Subsection D thereto is proposed to read as follows:
D. Libraries
Population ratio: 500 S(ijHare feet (gross) of adequately e€lHipped and staff-ed
library facility per 1,000 popHlation. The City shall construct 60.000 square
feet (GSF) of additional library space, over the June 30, 2000 GSF total. in the
area east of Interstate 805 by buildout. The construction of said facilities shall
be phased such that the City will not fall below the city-wide ratio of 500 GSF
per 1,000 population. The new library facilities are to be adequately equipped
and staffed.
Attachment 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING SECTIONS 3.3.1 A AND B, 3.4,1, AND 3.6.1 OF
THE CITY'S GROWTH MANAGEMENT PROGRAM, AND THE POLICE,
FlRE/EMS, AND LIBRARY THRESHOLD STANDARDS OF THE CITY'S
THRESHOLD /STANDARDS AND GROWTH MANAGEMENT OVERSIGHT
COMMISSION POLICY
WHEREAS, at the initial request of the City of Chula Vista Police, Fire/EMS, and Library Departments,
the City's Growth Management Oversight Commission (GMOC) has evaluated the need for amendment of the
respective Police, Fire/EMS, and Library Threshold Standards as part of its annual review process; and
WHEREAS, the GMOC, with the concurrence of the Police, Fire, and Library Departments, presented a
revised Police, Fire/EMS, and Library Threshold Standards as part of its' 2000 Annual Report; and
WHEREAS, the proposed, revised standards are well-reasoned, and forms a workable and logical
foundation for annual progress/compliance reporting on Police, Fire/EMS, and Library efforts at the local level;
and
WHEREAS, at the May 31, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the revised Threshold Standard, and directed staff to prepare the proposed
changes and return them for formal public hearing adoption; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed modifications and
certified that pursuant to GeneraJ Rule 15061 this is exempt from Califomia Environmental Quality Act; and
WHEREAS, on November 14, 2001 the Planning Commission voted _ (X-X-X) to recommend that the
City Council enact the amendment in accordance with its Resolution PCA 02-03; and
WHEREAS, the City Clerk set the time and place for a public hearing on said amendment to the Growth
Management Program, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely , at _ PM
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 of the City of Chula Vista does hereby
adopt the proposed amendments to Sections, 3.3.1 A and B, 3.4.1, and 3.6.1 of the City's Growth Management
Program as shown on Exhibit "A", and the Police, Fire/EMS, and Library Threshold Standards of the City's
Threshold/Standards and Growth Management Oversight Commission Policy as shown on Exhibit "B" attached
hereto, and incorporated herein by this reference.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
John M. Kaheny
City Attorney
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Doug Perry
Acting Fire Chief
David Palmer
Library Director
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Exhibit A
3.3 Police
3.3.1 Existiol! Threshold Policy
Goal
To maintain or improve the current level of police service in the City ofChula
Vista.
Obiective
Ensure that police staff, equipment, and training levels are adequate to provide
police service at the desired level throughout the City.
Threshold Standard
A. Emergency response: properly equipped and staffed police units shall
respond to 84 .tl percent of "Priority One" emergency calls within 7
minutes and maintain an average response time to all "Priority One"
emergency calls of ~ 5.5 minutes or less.
B. Respond to ~ 57 percent of "Priority Two Urgent" calls within 7 minutes
and maintain an average response time to all "Priority Two" calls ofM
7.5 minutes or less.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the fol1owing criteria:
I. That a moratorium provides a mitigation measure to a specifical1y identified
impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption which are intended to bring the condition into
conformance.
3.4 Fire and Emerl!encv Medical Service
3.4.1 Existinl! Threshold Policv
Goal
To maintain and improve the current level of fire protection and emergency
medical service (EMS) in the City of Chula Vista.
Objective
Ensure that Fire/EMS staff are properly equipped, trained, and funded to provide
the desired level of service throughout the City.
Threshold Standard
Emergency response: Properly equipped and staffed fire and medical units shall
respond to calls throughout the City within seven (7) minutes in 85 per-eeflt 80
percent (currm'lt serviee to be 'ierified) of the cases (measured annually).
Implementation Measures
Should the GMOC determine that the threshold Standard is not being satisfied,
then the City Council shall, within 60 days of the GMOC's report, schedule and
hold a public hearing for the purpose of adopting a moratorium on the acceptance
of new tentative map applications, based on all of the following criteria:
I. That the moratorium is limited to an area wherein a causal relationship to
the problem has been established; and,
2. That the moratorium provides a mitigation measure to a specifically
identified impact.
Should a moratorium be established, the time shall be used to expeditiously
prepare specific mitigation measures for adoption, which are intended to bring the
condition into confonnance.
3.6 Libraries
3.6.1 Existinl! Threshold Policv
Goal
To provide a high quality, contemporary library system which meets the varied
needs of the community.
Obiective
Supplement the library libraries at 365 "F" Street and 389 Orange Avenue by
providing additional library facilities iH the MoHtgomery/Otay area aHa in the area
east of Interstate 805. As presently configured in the current Library Master Plan
(1998), this will entail construction of a 30.000 GSF library in Rancho del Rey
and a 30.000 GSF library in the Otay Ranch.
Threshold Standard
PopulatiaH ratio: 500 sqHare feet (grass) of ado"lHately e"lHipped aHd staffed
library facility per 1,000 pepHlatioH. The City shall construct 60.000 square feet
(GSF) of additional library space, over the June 30, 2000 GSF total, in the area
east of Interstate 805 by buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-wide ratio of 500 GSF per
1,000 population. The new library facilities are to be adequately equipped and
staffed.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied,
then the City Council shall formally adopt and fund tactics to bring the library
system into conformance. Construction or other actual solution shall be
scheduled to commence within three years.
Exhibit B
POLICE
(Revised by City Council on August 22,1989)
(Revised by City Council on )
Goal
To maintain or improve the current level of police service in the City of Chula Vista.
Objective
Ensure that Police staff, equipment, and training levels are adequate to provide police
service at the desired level throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed police units shall respond to &4 ~%
of the Priority 1 emergency calls throughout the City within 7 minutes and shall maintain
an average response time to all Priority I calls of fem five minutes and thirty seconds (~
5.5 minutes) or less (measured annually). [P]*
Urgent Response: Properly equipped and staffed police units shall respond to e2. 57% of
the Priority II IffgeHt calls throughout the City within 7 minutes and shall maintain an
average response time to all Priority II calls of seven minutes and thirtv seconds (+.{) 7.5
minutes) or less (measured annually). [P]*
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the following criteria:
I. That a moratorium provides a mitigation measure to a specifically identified impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption, which are intended to bring the condition into
conformance.
*[P] - Denotes a Threshold Standard which shall be applied on a project-by-project basis
(see page 21).
FIRE
(Revised by City Council on )
FIRE AND EMERGENCY MEDICAL SERVICE
Goal
To maintain and improve the current level of fire protection and emergency medical
service (EMS) in the City of Chula Vista.
Objective
Ensure that Fire/EMS staff are properly equipped, trained and funded to provide the
desired level of service throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed fire and medical units shall respond
to calls throughout the City within 7 minutes in ~ 80% (elllTel1t sCr.'iee to be verified)
of the cases (measured annually).
Implementation Measures
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
appJications, based on all of the following criteria:
1. That the moratorium is limited to an area wherein a causaJ relationship to the
problem has been established; and,
2. That the moratorium provides mitigation measure to a specifically identified
impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption, which are intended to bring the condition into
conformance.
LIBRARIES
(ReYised by City Council on )
Goal
To provide a high quality, contemporary library system which meets the varied
needs of the community.
Obiective
Supplement the library libraries at 365 "F" Street and 389 Orange Avenue by
providing additional library facilities in the MoHtgomery/Ota-y area and in the area
east of Interstate 805. As presently configured in the current Library Master Plan
(1998), this will entail construction of a 30,000 GSF library in Rancho del Rey
and a 30,000 GSF library in the Otay Ranch.
Threshold Standard
POPlllation ratio: 590 sqllare feet (gross) of adeqllately eqllipped and staffed
library faeility per 1,000 pOl3lllation. The City shall construct 60.000 square feet
(GSF) of additional library space, over the June 30, 2000 GSF totaL in the area
east of Interstate 805 by buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-wide ratio of 500 GSF per
1.000 population. The new library facilities are to be adequately equipped and
staffed.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied,
then the City Council shall formally adopt and fund tactics to bring the library
system into conformance. Construction or other actual solution shall be
scheduled to commence within three years.
Note: The City Council is encouraged to designate a percentage ofRCT or other
currently collected fees on new development for construction of new library
facilities.
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date:
.!:L
11/14/01
ITEM TITLE:
Request to waive the applicable Residential Construction Tax for
those designated housing units for low and moderate income families
within the Heritage Town Center development located at East
Palomar Street between Santa Rita A venue and Santa Andrea Avenue
within a multi-family and commercial area identified in the Otay Ranch
Village I tentative map as R47 & C1
Applicant - South Bay Community Villas, L.P.
BACKGROUND:
The applicant, South Bay Community Villas, L.P., a partnership between The Otay Ranch Company
and South Bay Community Services, has proposed the development of a total of 271 housing units
within a mixed use commercial project, known as "Heritage Town Center" within the Otay Ranch
master planned community. This development will satisfy The Otay Ranch Company's affordable
housing obligation for Otay Ranch Section Planning Area (SPA) One. The plan calls for 91 units for
low and moderate-income senior citizens above the ground floor commercial uses of the mixed-use
development. It also includes a l80-unit apartment development for low and moderate-income
families in Neighborhood R-47, just to the south of the mixed-use development. The Applicant is
requesting the waiver of the Residential Construction Tax for those designated housing units for low
and moderate-income families within the proposed Heritage Town Center development.
RECOMMENDA TION:
That the Planning Commission adopt:
. Resolution No. CDH 01-01 recommending the City Council waive the applicable
Residential Construction Tax for those designated housing units for low and moderate
income families within the Heritage Town Center development located at East Palomar
Street between Santa Rita Avenue and Santa Andrea Avenue within a multi-family and
commercial area identified in the Otay Ranch Village 1 tentative map as R47 & Cl to be
developed by South Bay Community Villas L.P.
BOARDS/COMMISSIONS RECOMMENDATION:
On February 7, 2001, the Housing Advisory Commission voted to recommend the development
of the proposed Heritage Town Center and the use of tax-exempt bonds and Low and Moderate
Income Housing Set-aside funds to finance the project.
On January 22, 2001, the Design Review Committee reviewed the proposed plans and
recommended approval of the project.
Page 2,Item:
Meeting Date: 11/14/01
On November 7, 2001, the Planning Commission approved a series of amendments to the Otay
Ranch SPA One Plan to reflect the affordable/seniors housing plan and design approvals.
DISCUSSION:
On May 29, 2001, the Housing Authority of the City of Chula Vista held a public hearing and
approved Housing Authority Resolution No. 18 which expressed the Authority's intent to issue
multi-family housing revenue bonds to finance a proposed 271 unit multi-family rental housing
project for low and moderate income households, known as "Heritage Town Center", within the
Otay Ranch master planned community. Additionally, the City Council and Agency conditionally
approved financial assistance in the form of a residual receipts loan from the Agency's Low and
Moderate Income Housing fund in an amount not to exceed $4.4 million and a deferral ofthe City's
Public Facilities Development Impact Fee and waiver of the City's Residential Construction Tax and
Park fees to facilitate the development of the project (reference Agency Resolution 1730 And Council
Resolution No. 2001-1).
These actions allowed the Applicant to apply for State financial assistance for the affordable/senior
housing development. The approval ofthe affordable housing development was also consistent with
the Applicant's obligation to deliver affordable housing units in their SPA One ownership in a timely
manner. In order to apply for State funding and meet the State's deadline for an affordable housing
project, the Applicant submitted and obtained conditional approval of a site development plan for
this site in January of 2001 by the City's Design Review Committee (DRC).
Residential Construction Tax
The continued increase in the development of dwelling units in the City and the accompanying increase
in the City's population thereby increases demand for capital items required to serve the City's
residents. The purpose of the Residential Construction Tax is to provide a revenue source to meet such
increasing demands and is applicable to all new residential units.
The applicable Residential Construction Tax for Heritage Town Center is approximately $73,075
($250.00 per unit plus $25.00 for each bedroom in excess of one bedroom). In accordance with Chula
Vista Municipal Code 93.32.050, the Planning Commission may recommend that the City Council
waive all or a portion of this tax for any dwelling-unit types constructed which would serve as housing
for low and moderate-income families.
ANALYSIS:
Heritage Town Center will be providing much needed affordable housing for low and moderate-
income households. The development will offer housing for seniors, considered one of the most
vulnerable population groups in the community, many of whom have limited or fixed incomes. The
remaining 170 family units will offer 66 large bedroom units (three and four bedroom units). The
proposed site is ideal for affordable housing since it is transit oriented and in close proximity to a park,
school, community center and a medical facility.
Page 3,Item:
Meeting Date: 11/14/01
Financing and development of this project is a joint private-public partnership. The Applicant is
proposing to use Tax Exempt Multifamily Revenue Bonds and Low Income Tax Credit financing to
support the estimated $31,000,000 cost of constructing the project. The Agency has conditionally
approved direct financial assistance in the form of a $4.4 million residual receipts loan. The
Applicant is also providing the cost of the land, direct financial assistance, and deferring its
developer fee.
In addition to the direct financial assistance, the project requires assistance to reduce the
development costs for the construction of the residential units in order to make the Project feasible.
Council has also conditionally approved the ten-year deferral of the Public Facilities Impact Fee and
waiver of the Park fee and Residential Construction Tax. Final approval of the waiver of the
Residential Construction Tax is contingent upon a recommendation ofthe Planning Commission to
City Council.
CONCLUSION:
Staff recommends approval of the resolution recommending that City Council waive the applicable
Residential Construction Tax for Heritage Town Center estimated at $73,075 (see Council
Resolution No. , Attachment 'B').
Staff's recommendation is based upon the following:
· The proposal's effectiveness in serving the City's housing needs and priorities as expressed in
the Housing Element of the General Plan and the HUD Consolidated Plan.
· The proposal's development and operating feasibility, financing sources and the role of the City
and the Agency in providing financial assistance or incentives.
. It is the intent of the City to attempt to provide affordable housing opportunities to households
earning at or below 50% of AMI in order to receive future credits as outlined in the Housing
Element of the General Plan.
The Heritage Town Center development as proposed by South Bay Community Villas, L.P., is
financially sound. The recommended Agency assistance meets the Agency's underwriting goals
of reasonable project costs and leveraging of Agency resources. The project's unit mix and
affordability support the Agency housing goals.
Attachments:
A. Planning Commission Resolution (CDH 01-01)
B. Draft City Council Resolution No.
RESOLUTION NO. CDH-OI-Ol
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A WAIVER OF THE APPLICABLE RESIDENTIAL
CONSTRUCTION TAX FOR THOSE DESIGNATED HOUSING UNITS FOR
LOW AND MODERATE INCOME HOUSEHOLDS WITHIN THE
HERITAGE TOWN CENTER DEVELOPMENT LOCATED AT EAST
PALOMAR STREET BETWEEN SANTA RITA AVENUE AND SANTA
ANDREA AVENUE WITHIN A MULTI-FAMILY AND COMMERCIAL
AREA IDENTIFIED IN THE OTA Y RANCH VILLAGE 1 TENTATIVE MAP
AS R47 & Cl
WHEREAS, South Bay Community Villas, L.P., a partnership between The Otay Ranch Company
and South Bay Community Services, ("Applicant") has proposed the development of a total of 271 housing
units within a mixed use commercial project, known as "Heritage Town Center" located at East Palomar Street
between Santa Rita A venue and Santa Andrea A venue within a multi-family and commercial area identified in
the Otay Ranch Village I Tentative Map As R47 & Cl ("Project"); and
WHEREAS, an application to waive the Residential Construction Tax for those designated housing
units for low and moderate income households within the Project was filed with the City of Chula Vista
Community Planning and Building Department on January 12,2001 by Applicant; and
WHEREAS, the Chula Vista Municipal Code ~3.32 requires a person constructing, erecting or
replacing a multifamily dwelling unit in the city to pay to the City a residential construction tax of $250.00 per
unit plus $25.00 for each bedroom in excess of one bedroom for the purpose of providing a revenue source to
meet the increasing demands for capital items required to serve the City's residents; and
WHEREAS, the Project will provide a total of 271 housing units, with 91 units for low and moderate
income senior citizens and 170 units for low and moderate income families; and
WHEREAS, the applicable Residential Construction Tax is estimated at $74,200 for the Project and is
due and payable upon application to the City for a building permit for the construction of any such dwelling units
of the Project; and
WHEREAS, in accordance with Chula Vista Municipal Code ~3.32.050, the Planning Commission may
recommend that the City Council waive all or a portion of this tax for any dwelling-unit types constructed which
would serve as housing for low and moderate-income families.
WHEREAS, the waiver of the Residential Construction Tax would assist in reducing the development
costs for the construction of the affordable residential units in order to make the Project feasible.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning
Commission, the Commission has determined that the waiver of the applicable Residential Construction Tax
for the Project, estimated at $74,200, is consistent with the City of Chula Vista Housing Element of the
General Plan, the Chula Vista Municipal Code, and all other applicable Plans, and that the public necessity,
convenience, general welfare and good planning practice support the waiver of this Tax.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the
City Council adopt a resolution waiving the Residential Construction Tax for those designated housing units
for low and moderate income households within the Heritage Town Center development located at East
Palomar Street between Santa Rita A venue and Santa Andrea A venue within a multi-family and commercial
area identified in the Otay Ranch Village I Tentative Map asR47 & Cl (PCM-OI-17) in accordance with the
findings contained in the attached City Council Resolution No.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of November, 2001 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Kevin O'Neil, Chair
ATTEST:
Diana Vargas, Secretary
C:\\ly Dotumcnts\Owy Ranch\HA(', PC & (,C'\PC I{(~s(j I{es C\JHst Tax,du..:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A WAIVER OF THE APPLICABLE
RESIDENTIAL CONSTRUCTION TAX FOR THOSE
DESIGNATED HOUSING UNITS FOR LOW AND MODERATE
INCOME HOUSEHOLDS WITHIN THE HERITAGE TOWN
CENTER DEVELOPMENT LOCATED AT EAST PALOMAR
STREET BETWEEN SANTA RITA AVENUE AND SANTA
ANDREA AVENUE WITHIN A MULTI-FAMILY AND
COMMERCIAL AREA IDENTIFIED IN THE OTAY RANCH
VILLAGE I TENTATIVE MAP AS R47 & Cl
WHEREAS, South Bay Community Villas, L.P., a partnership between The Otay Ranch
Company and South Bay Community Services, ("Applicant") has proposed the development of a
total of 271 housing units within a mixed use commercial project, known as "Heritage Town
Center" located at East Palomar Street between Santa Rita A venue and Santa Andrea Avenue
within a multi-family and commercial area identified in the Otay Ranch Village I Tentative Map
As R47 & Cl ("Project"); and
WHEREAS, an application to waive the Residential Construction Tax for those
designated housing units for low and moderate income households within the Project was filed
with the City of Chula Vista Community Planning and Building Department on January 12,2001
by Applicant; and
WHEREAS, the Chula Vista Municipal Code ~3.32 requires a person constructing,
erecting or replacing a multifamily dwelling unit in the city to pay to the City a residential
construction tax of $250.00 per unit plus $25.00 for each bedroom in excess of one bedroom for the
purpose of providing a revenue source to meet the increasing demands for capital items required to
serve the City's residents; and
WHEREAS, the Project will provide a total of 271 housing units, with 91 units for low
and moderate income senior citizens and 170 units for low and moderate income families; and
WHEREAS, the applicable Residential Construction Tax is estimated at $74,200 for the
Project and is due and payable upon application to the City for a building permit for the
construction of any such dwelling units of the Project; and
WHEREAS, in accordance with Chula Vista Municipal Code ~3.32.050, the Planning
Commission may recommend that the City Council waive all or a portion of this tax for any
dwelling-unit types constructed which would serve as housing for low and moderate-income
families.
WHEREAS, the waiver of the Residential Construction Tax would assist in reducing the
development costs for the construction of the affordable residential units in order to make the
Project feasible.
_"______._...__n. ....___..__.___._,..___.._..._ '_"_
WHEREAS, on May 29, 2001, the Housing Authority of the City of Chula Vista held a
public hearing and approved Housing Authority Resolution No. 18 which expressed the
Authority's intent to issue multi-family housing revenue bonds to finance a proposed 271 unit
multi-family rental housing project for low and moderate income households, known as
"Heritage Town Center", within the Otay Ranch master planned community; and,
WHEREAS, on May 29, 2001 the City Council and Agency conditionally approved
financial assistance in the form of a residual receipts loan from the Agency's Low and Moderate
Income Housing fund in an amount not to exceed $4.4 million and a deferral and waiver of
certain City fees by Agency Resolution 1730 and Council Resolution No. 2001-1; and,
WHEREAS, by a vote of the Planning Commission approved a
recommendation to waive the applicable Residential Construction Tax for the Project, estimated
at $74,200.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
Section 1. The proceedings and all evidence introduced before the Planning
Commission at their meeting held on November 14, 2001, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
Section 2. From the facts presented to the City Council, the Council has determined
that the waiver of the Residential Construction Tax is consistent with the City of Chula Vista
Housing Element of the General Plan and the Chula Vista Municipal Code~ 32.50.050 and that
the public necessity, convenience, general welfare and good planning practice support the waiver
of this Tax.
Section 3. The City Council hereby approves a waiver of the Residential
Construction Tax for those 271 housing units designated for low and moderate-income
households within the Project in the approximate amount of $74,200 to assist with reducing the
development costs for the construction of the residential units of the Project.
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
John M. Kaheny
City Attorney