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Home My WebLink About2019/11/12 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. Dated: l�7 Signed: Lc CITY or- CHULA VISTA Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Gary Halbert, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, November 12, 2019 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Teleconferencing Location: Oceano Hotel & Spa 280 Capistrano Road Half Moon Bay, CA 94019 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 19-0531 OATHS OF OFFICE Bryan Ehm, Board of Appeals and Advisors Lee Kohse, Cultural Arts Commission B. 19-0524 PRESENTATION OF A PROCLAMATION COMMENDING JOHN JACOBS, THE 2019 CHULA VISTA VETERAN OF THE YEAR City of Chula Vista Pagel Printed on 111712019 City Council Agenda November 12,2019 . 19-0518 PRESENTATION OF A PROCLAMATION PROCLAIMING NOVEMBER. 10-167 201 9 AS NURSE, P RACT IT ION R WEEK IN THE CITY OF CHULA VISTA D. 19-0486 PRESENTATION AND UPDATE ON THE AIRPORT DEVELOPMENT PLAN BY SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY BOARD MEMBER ARK WEST, AND, BRENDAN RE D, DIRECTOR R OF PLANNING AND ENVIRONMENTAL AFFAIRS E. 19-0530 PRESENTATION CSF THE SOUTH COUNTY TRI-MARKETING EFFORT BY SOUTH COUNTY ECONOMIC MICS EVELOP ET COUNCIL PRESIDENT AND CEO, CINDY GOMPPER-CRAVES F. 19-0526 PRESENTATION OF A PROCLAMATION RECOGNIZING SOUTH COUNTY ECONOMIC DEVELOPMENT' COUNCIL. ON ITS 30TH ANNIVERSARY CONSENT CALENDAR (Items 1 .. 4) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmernber, a member of the public, or staff requests that an item be removed for discussion. if you wish to speak on one of these items, please fill out a "Request to speak" form 'available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 19-0532 A. ORDINANCE OF THE CITY OF (HULA VISTA AMENDING C HU A VISTA MUNICIPAL CODE, SECTIONS 19. .022 ACCESSORY DWELLING UNITS) A D 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS) TO REMOVE THE OWNER OCCUPANCY REQUIREMENT (SECOND READING, AND ADOPTION) B. ORDINANCE F THE CITY OF CHULA VISTA IMPLEMENTING THE DEVELOPMENT IMPACT FEE RELATED PROVISIONS OF' SENATE BILL. 13 (ACCESSORY DWELLING UNITS) (SECOND READING AND ADOPTION) City of Chula Vista Page 2 Printed on 111712019 2019-11-12 Agenda Packet Page 2 of 113 City Council Agenda November 12,2019 Department: Development Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore,, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines., Recommended Action: Council adopt the ordinances. 2. 19-0533 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2,1019-169 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT 'TO BE SECURED BY SPECIAL TAXES LEVIED, WITHIN SUCH DISTRICT TO FINANCE PUBLIC AND PRIVATE IMPROVEMENTS Department: Development Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 150601(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution amending Resolution No. 2019-169. 3. 19-0420 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA ADOPTING A PROJECT STAFFING AND REVIEWING AGREEMENT BETWEEN THE CITY OF' CHULA VISTA AND PARDEE HOMES,, A CALIFORNIA CORPORATION Department: Development Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA,. The proposed agreement has no possibility to have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. Recommended Action: Council adopt the resolution. 4. *19-0448 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE) 2,019 EDITION (FIRST READING) City of Chula Vista Page 3 Printed on 111712019 2019-11-12 Agenda Packet, Page 3 of 113 City Council Agenda November 12,2019 E . ORDINANCE OF THE, CITY O F CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION (FIRST READING) C. ORDINANCE INANCE C F THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2019 EDITION (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1 .12 OF' THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS OD , 2019 EDITION (FIRST READING E. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF 'THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING, COD'Ey 2019, EDITION (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.1 OF THP CHULA VISTA MUNICIPAL CO E ADOP I NG THI E CALIFORNIA MECHANICAL CODE, 2019 EDITION (FIRST REACHING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF' THE CHULA VISTA MUNICIPAL IPAL CSC E ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION (FIRST READING H. ORDINANCE OF THE, CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CCS F, 2019 EDITION (FIRST READING City of Chula Vista Page 4 Printed on 111712019 2019-11-12 Agenda Packet Page 4 of 1 1 a3 City Council Agenda November 12,2019 1. ORDINANCE OF THE, CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2019 EDITION (FIRST READING) J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE) 2,019 EDITION (FIRST READING) Department: Development Services Department Environmental Notice: The Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act State Guidelines. Notwithstanding the foregoingl, the Project also qulallifies for an Exemption pursuant to Section 15061(b)(3,) of the California Environmental Quality Act State Guidelines. Recommended Action: Council place the ordinances on first reading. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item, on the agenda. State law generally prohibits the Council from discussing or taking action on any Issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCIL EMBERS' COMMENTS CITY ATTO�RNEY'S REPORTS 51. al 9-0517 REPORT ON STATE LAW SB 922 (SUPPORTING PROJECT LABOR AGREEMENTS) AND CHULA VISTA MUNICIPAL CODE CHAPTER 2.59, "FAIR AND OPEN COMPETITION IN CONTRACTING" PROHIBITING PROJECT LABOR AGREEMENTS, AND POSSIBLE BALLOT INITIATIVE, OPTIONS TO ADDRESS LEGAL, INCONSISTENCIES BETWEEN THE TWO City of Chula Vista Page 5 Printed on 111712019 2019-11-12 Agenda Packet, Page 5 of 113 City Council Agenda November 12,2019 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957.7). 6. *19-0490 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Name of case: City of Chula Vista, California v. Amerisourcebergen Drug Corporation, et al., United States District Court, Case No. 19cv1 1 15BEN(MSB) T. 19-0515 CONFERENCE WITH LEGAL CIC UINSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956-9(d)(4): [1] Case. 123 Broadway, Chula Vista, CA 91910 ADJOURNMENT to the regular City Council meeting on November 19, 2019, at 5: O p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(Califomia Relay Service is available for the hearing Impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are, video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 6 Printed on 111712019 2019-11-12 Agenda Packet, Page 6 of 113 City Council Agenda November 12,2019 NOTICE OF REVIEWAND PENDING APPROVAL OF FINAL MAP(S) In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of November 12, 2019, will approve the following final map(s),: Chula Vista Tract No. 09-03 Otay Ranch Millenia Phase 2C Specifically, the City Engineer has caused the map(s)to be examined and has made the following findings (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improperfincorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov. City of Chula Vista Page 7 Printed on 111712019 2019-11-12 Agenda Packet, Page 7 of 113 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA November 12, 2019 File ITS: 19.0532 'TITLE A. ORDINANCE OF'"THE CITY"OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS)ANIS 19.58.023 (JUNIOR ACCESSORY DWELLING NITS) To REMOVE THE OWNER OCCUPANCY REQUIREMENT (SECOND READING AND ADOPTION) B. ORDINANCE of TIFF CITY of CHULA VISTA IMPLEMENTING THE DEVELOPMENT' IMPACT FEF RELATED PROVISIONS OF SENATE BILL 13 (ACCESSORY DWELLING UNITS) (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinances. SUMMARY The State of California has enacted several laws designed to reduce barriers to the development of affordable housing, specifically,Accessory Dwelling Units (ADiUs). On October 1, 2019, staff made a report to the City Council regarding Ales, and recommended adoption of an ordinance eliminating the owner-occupancy requirement for ADUs and junior accessory Dwelling Units (JADUs). Council requested that such action be deferred to the meeting of October 22, 2019,to allow additional time for legislative action at the state level. ENVIRONMEN°T'AL REVIEW The proposed activity :has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project"'as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 1500(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section. 15061(b)(3) of the California Environmental Quality pct State Guidelines.Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 1 l Pzige 1 2019-11-12 Agenda Packet, Page 8 of 1 1 a3 DISCUSSION At the March 12, 2019 City Council meeting, the Council approved a referral directing staff to examine building fees for ADUs. In response to this referral,a report on ADUs was made to the City Council on October 1) 2019. At that time, staff recommended eliminating the owner-occupancy requirement for ADUs and JVD s. As of the October 1 meeting,Senate Bill 13 (SB 13) had been approved by both the Assembly and the Senate and was awaiting final action by the Governor. At the October 1 Council Meeting,the Council directed staff to continue action on the owner-occupancy requirement to the Council meeting of October 22, 2019 to allow sufficient time for final action by the state on SB 13. The Governor signed SB 13 on October 9, 2019. Senate Bill 13 includes the following key provisions (not an exhaustive list): • Allows ADUs/JADUs to be either attached to, or located within, an attached garage, storage area, or other structure; • Prohibits replacement parking requirements when a garage,carport,or covered parking structure is demolished to construct an ADD or converted into an ADD; • Amends the existing prohibition on parking standards for ADUs located within 1/2 mile of public transit to apply to units located within 1/2 mile walking distance of public transit; • Prohibits local agencies from establishing a minimum square footage requirement for ADUs/JADUs that prohibits an efficiency unit; • Prohibits local agencies from establishing a maximum square footage requirement of less,than 850 square feet,or 1,000 square feet if the ADU/JAD�U contains more than one bedroom; • Prohibits local agencies from establishing any other minimum or maximum size requirements that would prohibit at least an 800 square foot ADU/JADU,that is at least 16 feet in height with 4-foot side and rear yard setbacks. • Prohibits local agencies from requiring fire sprinklers if they are not required for the primary residence; • Prohibits local agencies from imposing owner occupancy requirements until January 1, 2025; • Reduces the time for local agencies to consider and approve an application for an ADU/JADU, ministerially and without discretionary review,from 120 days to 6,0 days from receiving a completed application- • Removes the existing requirement to determine development impact fees in accordance with the Mitigation Fee Act; • Prohibits local agencies from imposing any development impact fees on ADUs less than 750 square feet in size; • Limits the development impact fees that can be charged on ADU s 750 square feet or larger to be proportional to the fees that would otherwise be charged for a new single-family dwelling on the same lot, on a square footage basis; • Revises the basis for calculating connection fees and capacity charges for ADUs; • Authorizes the Department of Housing and Community Development to submit written findings to each local agency as to compliance of the local ordinance with State law, possibly culminating in referrals to the Attorney General of local agencies in violation of State law; • Allows local agencies to count ADUs in identifying adequate sites for housing in General Plan Housing Elements; P zi g e 2 2019-11-12 Agenda Packet, Page 9 of 113 Authorizes owners of ADUs built before January 1, 2020 or built on or after January 1, 20�2O�,under specified circumstances)that receive a notice to correct violations or abate a nuisance to request that enforcement action be delayed for five(5)years,if correcting the violation is not necessary to protect health and safety,as determined by the enforcement agency. Recommended Actions, Owner Occupancy At this time,staff recommends adopting Ordinance A,modifying Chula Vista Municipal Code(CVMC)Sections 19.5 8.0 2 2 (ADUs)and 19.5 8.0 23 (JADUs)by removing the owner-occupancy requirement. Staff will proceed with releasing all owner-occupancy deed restrictions that have been required by the City as part of the ADU/JADU development process to date,at no cost to the property owners. Development Impact Fees With the adoption of SB 13,the City is no longer required under the Mitigation Fee Act to assess impact fees on all ADUs/JADUs. For those units smaller than 750 square feet(SF' ,no impact fees will be assessed. This includes all JADUs, as these units are limited to 500 square feet pursuant to CVMC 19.58.023(A). For ADUs 750 SF or larger, the maximum impact fees to be charged will be calculated on a square footage basis, proportional to the impact fees that would be charged for the primary structure on the lot. The effect of this limit will vary depending on the size of the primary structure and the size of the ADU, as illustrated in the table below. Table Effect of Impact Fee Cap Single-Family DU Fees $ 33J10 $ 51 323 Single-Family DU SF 2,5010 2,5010 Fee per SF (Ca13-36 $ 20-53 Scenario 1 -1,000 SF DU ADU SF 1,0010 1,0010 ADU Impact Fee Cap $ 13,364 $ 201,529 City Calculated ADU Fees $ 12,736 $ 18,875 Fees Due $ 12,736 $ 18,875 Scenario 2-800 SF AD ADU SF 800 800 ADU Impact Fee Cap $ 10 9l $ 16,423 City Calculated ADU Fees $ 12,736 $ 18,875 s Due $ 101,691 $ 16JA23 At its October 22, 2019 meeting,the City Council placed an ordinance on first reading implementing SB 13 in the context of the City's Public Facilities Development Impact Fee (PF DIF) program (Chapter 3.50 of the CVMC). In order to fully implement the new impact fee exemptions and calculations for ADUs and JADUs, staff recommends, adopting Ordinance B, an omnibus ordinance amending all remaining City development impact fee ordinances and Resolution C,amending the Council Policy establishing the Traffic Signal Fee and the City's Master Fee Schedule. Next Steps Pzige 3 2019-11-12 Agenda Packet, Page 10 of 113 Staff administratively halted all new impact fee assessments as of'the enactment of SB 13. Contact is being made to advise applicants of the change in.n law and how it will impact their individual projects. For those projects that are currently in payment plan status,or have paid in full,staff is requesting Council direction as to what impact fees.,if any, should be refunded. In the coming months, staff will bring an ordinance implementing the remaining provisions of SB, 13 to the Planning Commission and the City Council for consideration. econd Reading, The proposed ordinances were considered by the City Council on November 5, 2019. At the November 5 meeting,the Council modified Ordinance A. As proposed by staff, Ordinance A would have amended CVMC Sections 19.58-022 and 19-58-023, removing the owner occupancy requirement for all ADUs and JADUs, respectively. The amended ordinance placed on first reading by the Council retains the existing owner occupancy language in CVMC Sections 19.58-022 and 19.58.023, but provides that such requirements shall be held in abeyance until January 1, 2025. This sunset provision is consistent with the owner-occupancy requirement prohibition in SB 13,which expires January 1,2025. No modifications were made the Ordinance B,implementing development impact fee related provisions of SB 13. DECISION-MAKER CONFLICT Staffhas reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of'the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Govt Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR.FISCAL IMPACT Approving an ordinance removing the owner-occupancy requirement for ADUs and JADUs has limited fiscal impacts. The General Fund will incur the cost of releasing all associated deed restrictions recorded to date. No fund appropriations for this purpose are requested. Implementing SB 13's impact fee exemptions and reductions for ADUs and JADUs will result in reduced development impact fee revenues. No impacts to capital project timing or the ability to pay debt service by any impact fee program are anticipated to result from this action. ONGOING FISCAL IMPAC Fir Implementing SB 13's impact fee exemptions and reductions for ADUs and JADUs will result in reduced development impact fee revenues. No impacts to capital project timing or the ability to pay debt service by any impact fee program are anticipated to result from this action. ATTACHMEN'TS None. P zi g e 4 2019-11-12 Agenda Packet, Page 11 of 113 Staff Contact: Tiffany Allen,Development Services Department P zi g e 5 2019-11-12 Agenda Packet, Page 12 of 113 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS)TO REMOVE THE OWNER OCCUPANCY REQUIREMENT WHEREAS,the State of California, in order to reduce barriers and create opportunities for residential property owners to build accessory dwelling units as affordable housing stock, enacted Senate Bill 13 (Accessory Dwelling Units), on October 9, 2019; and WHEREAS, Senate Bill 13 prohibits local jurisdictions from requiring a property owner to live on the property that contains an accessory dwelling unit; and WHEREAS, Senate Bill 13's prohibition of owner occupancy requirements is effective from January 1, 2020 until January 1, 2025; and WHEREAS, Chula Vista Municipal Code Sections 19.58.022(Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units) include owner occupancy requirements which must now be held in abeyance until January 1, 2025; and WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Substantive Action Section 19.58.022(C)(12) of the Chula Vista Municipal Code is amended as follows: 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter,the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: a. The property owner's health requires them to temporarily live in an assisted living or nursing facility. Ordinance Page 2 b. The property owner is required to live outside the San Diego region as a condition of employment or military service. c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This Section 19.58.022(C)(12) shall be held in abeyance until January 1 2025 Section 19.58.023(B)(2)of the Chula Vista Municipal Code is amended as follows: 2. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. This Section 19.58.023(B)(2) shall be held in abeyance until January 1 2025 Section II. Severability If any portion of this Ordinance,or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on January 1, 2020. Section V.Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Ordinance Page 3 Presented by: Approved as to form by: Kelly G. Broughton, FASLA Glen R. Googins Development Services Director City Attorney SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA IMPLEMENTING THE DEVELOPMENT IMPACT FEE RELATED PROVISIONS OF SENATE BILL 13 (ACCESSORY DWELLING UNITS) WHEREAS, the City of Chula Vista (the "City") requires the payment of various development impact fees to mitigate the impacts of new development on public facilities; and WHEREAS, Senate Bill 13 (Accessory Dwelling Units) was signed into law on October 9, 2019; and WHEREAS, Senate Bill 13 prohibits the collection of development impact fees from Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) smaller than 750 square feet in size; and WHEREAS, Senate Bill 13 requires development impact fees collected from ADUs and JADUs of 750 square feet or larger be proportional to the primary residence on a square footage basis; and WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 19.58.023(A), JADUs may not exceed 500 square feet in size; and WHEREAS, the City Council did previously place an ordinance implementing the development impact fee related provisions of Senate Bill 13, with respect to the City's Public Facilities Development Impact Fee Program, CVMC Chapter 3.50 on first reading; and WHEREAS, the City Council desires to implement the development impact fee related provisions of Senate Bill 13, with respect to the City's remaining development impact fee programs; and WHEREAS, Chapter 3.54 of the CVMC establishes Transportation Development Impact Fees for the Eastern, Western, and Bayfront territories of the City; and WHEREAS, on December 6, 1994, pursuant to Ordinance No. 2617, the City Council established the Salt Creek Sewer Basin Development Impact Fee; and WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council established the Poggi Canyon Sewer Basin Development Impact Fee; and WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council established the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and C:\Users\shemek\Desktop\Ordinance B.docx Ordinance Page 2 WHEREAS, on January 7, 2003, pursuant to Ordinance No. 2892, the City Council amended the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to include Village 6; and WHEREAS, on February 20, 2007, pursuant to Ordinance No. 3064, the City Council amended the Otay Ranch Village 1, 5,and 6 Pedestrian Bridge Development Impact Fee to include Village 2; and WHEREAS, on February 18, 2003, pursuant to Ordinance No. 2898, the City Council established the Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11; and WHEREAS, on August 13, 2013, pursuant to Ordinance No. 3273, the City Council established the Pedestrian Bridge Development Impact Fee Program for the Eastern Urban Center; and WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Chapter 3.54 of the Chula Vista Municipal Code relating to transportation development impact fees is amended as follows: 3.54.020 Definitions For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended: A. "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in CVMC 19.58.022. B. `Bayfront Area"generally means that area of the City of Chula Vista generally west of Interstate 5 and between E Street and Naples Street as shown on the map entitled"Exhibit 1" of the Council agenda statement for the ordinance codified in this chapter, on file in the office of the City Clerk. Ordinance Page 3 C. `BFDIF" means the Bayfront Transportation Development Impact Fee. D. "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code, as adopted by reference by this City. E. "Developer" means the owner or Developer of a Development Project. F. "Development Permit" means any discretionary permit, entitlement or approval for a Development Project issued under any zoning or subdivision ordinance of the City. G. "Development Project" or "Development" means any activity described as the following: 1. Any new residential dwelling unit, including any Accessory Dwelling Unit, developed on vacant land; 2. Any new residential dwelling unit, including any Accessory Dwelling Unit, developed on nonvacant land, if the result is a net increase in demand for service. The fees shall be based solely on the net increase in service demand; 3. Any physical conversion of an existing residential structure to create an Accessory Dwelling Unit, for which a Building Permit has been issued after September 25, 2018; 4. Any new nonresidential Development constructed on vacant land; 5. Any expansion or intensification of nonresidential Developments on nonvacant land, if the result is a net increase in demand for service. The fees shall be based solely on the net increase in service demand. H. "Eastern Area" generally means that area of the City of Chula Vista located between Interstate 805 on the west,the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south as shown on the map entitled "Exhibit 1"of the Council agenda statement for the ordinance codified in this chapter, on file in the office of the City Clerk. I. "Engineer's Reports" mean the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987; the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990; the "Eastern Development Impact Fee for Streets — 1993 Revision" study prepared by City staff dated July 13, 1993; the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25, 1999; the study prepared by Willdan ("Eastern Area Development Impact Fees for Streets" dated July 2002); the study prepared by City staff ("Eastern Area Transportation Development Impact Fees" dated March 2005); and the study prepared by City staff("Eastern Area Development Impact Fees" dated September Ordinance Page 4 2014),which are on file in the office of the City Clerk. "Engineer's Reports"also mean the Engineer's Report for the Western Transportation Development Impact Fee prepared by City staff,dated February 2008;and the"Western Transportation Development Impact Fee Nexus Study Update"dated October 2014,and the"Bayfront Transportation Development Impact Fee Nexus Study" dated October 2014, both prepared by City staff and on file in the office of the City Clerk. J. "ETDIF" means the Eastern Transportation Development Impact Fee. K. "Fees" means the Transportation Development Impact Fees established pursuant to CVMC 3.54.050 and assessed in accordance with the Mitigation Fee Act (Government Code Sections 66000 through 66025), as described in relevant Engineer's Reports on all Development Projects located within the Eastern Area,the Western Area, and the Bayfront Area. L. "Fee Credit" means credits that Developers may receive for costs they incur designing and constructing the Transportation Facilities in accordance with CVMC 3.54.150. M. "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unitas defined in CVMC 19.58.023. N. "Nonprofit Community Purpose Facility"means a facility that is not operated for profit and that serves one of the following purposes: 1. Social and human service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools (primary and secondary only); 3. Private schools (primary and secondary only); 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth, and development. NO. "Published traffic generation rates" means rates used to calculate traffic generation that are prepared and disseminated by local agencies, regional entities (such as Metropolitan Planning Organizations), and professional societies with expertise in the development of traffic generation rates. OP. "TDIF" means Transportation Development Impact Fee. 1J Ordinance Page 5 PQ. "Transportation Facility" means the project or portion of a project which involves the specified improvements authorized by CVMC 3.54.030. QR. "Western Area" generally means that area of the City of Chula Vista located between Interstate 5 on the west, Interstate 805 on the east, the City boundary on the north and the City boundary on the south, also including the area to the north of E Street, south of Naples Street and to the west of Interstate 5, as shown on the map entitled "Exhibit 1" of the Council agenda statement for the ordinance codified in this chapter,on file in the office of the City Clerk. RS. "WTDIF" means Western Transportation Development Impact Fee. (Ord. 3440 § 1, 2018). 3.54.060 Determination of fees by land use category. The Fees shall be determined based on the average daily traffic generation of the Development Project. The City Manager or designee shall calculate the traffic generation of the Development Project using published traffic generation rates, traffic generation studies, traffic count data, traffic impact studies, other relevant data and analysis, and/or engineering judgment. For purposes of the Fees, single-family dwelling units shall include single-family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, Aceessefy Dwelling its; and apartments._ Accessory Dwelling Units 750 square feet or larger shall be charged proportionately in relation to the square footage of the primary dwelling,unit on the lot. The traffic generation for all other residential land uses shall be calculated based on the number of dwelling units proposed in the Development Project. The traffic generation for nonresidential land uses shall be calculated using various measures of Development intensity as described in published traffic generation rates. For these uses, rates based on the square footage of the Development Project will in most cases be selected over rates based on gross acreage, as determined by the City Manager or designee. As it applies to nonresidential land uses, gross acreage means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the Development Project for which Building Permits are being requested. In the ETDIF, the traffic generation rates for commercial retail land uses shall be reduced by 72 percent to recognize the capture of locally generated residential traffic as documented in "Eastern Area Transportation Development Impact Fees" Engineer's Report, dated March 2005. (Ord. 3440 § 1, 2018). Ordinance Page 6 3.54.100 Development projects exempt from the fees. A. Development Projects by public agencies shall be exempt from the provisions of the Fees if those projects are designed to provide the public service for which the agency is charged ("Public Purpose"). B. Nonprofit Community Purpose Facilities are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the Fees. The City Council hereby determines that it is appropriate to spread any impact such Nonprofit Community Purpose Facilities might have to the other land use categories subject to the Fees. In the event that a court determines that the exemption herein extended to Nonprofit Community Purpose Facilities shall for any reason be invalid, the City Council hereby allocates the Nonprofit Community Purpose Facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the Development impact land use categories. C. Development Projects that are additions or expansions to existing dwelling units or additions, expansions, or changes of use to businesses shall be exempt if the addition, expansion or change of use does not result in a net increase in dwelling units or nonresidential intensity. The Fees shall be assessed on any net additional dwelling units or nonresidential intensity. Any net reduction in dwelling units or nonresidential intensity shall not be entitled to a refund, but the property retains credit based on the former number of dwelling units or nonresidential intensity. D. Junior Accessory Dwelling Units and Accessory Dwelling Units smaller than 750 square feet are exempt fiom the provisions of the Fee, pursuant to California Government Code Section 65852.2(fl(3)(A). Section II. Ordinance 2617(Salt Creek Sewer Basin Development Impact Fee) is amended as follows: Section 8(Determination of Equivalent Dwelling Units) Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multifamily dwelling shall be considered 0.75 EDU. Pursuant to California Government Code Section 65852.2(D(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall be exempt. Accessory Dwelling Units 750 square feet or larger shall be charged proportionately to the primary residence on a square footage basis Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit `B", EDU Conversion Factors for Financial Analysis, and is included as Table 6 in the Report. Ordinance Page 7 Section 23 (Other Not Previously Defined Terms) For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.022. (a) hL"Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. NLcl_"Developer" means the owner or developer of a development. (oLdL"Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. Ed).e."Development Project" or"Development" means any activity described in Section 65927 and 65928 of the State Government Code. (D "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.023. (-e)_"Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. Section III. Ordinance 2716 (Poggi Canyon Sewer Basin Development Impact Fee) is amended as follows: Section 8(Determination of Equivalent Dwelling Units) Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Impact Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Pursuant to California Government Code Section 65852 2(f)(3)(A) Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall be exemppt Accessory Dwelling Units 750 square feet or larger shall be charged proportionately to the primary residence on a square footage basis. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", Sewer Benefit Area Fees Based on Land Use Categories. Ordinance Page 8 Section 23 (Other Not Previously Defined Terms). For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Accessory Dwelling Unit' means an Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.022. (a)Lb)—"Building Permit' means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b)Lc)_"Developer" means the owner or developer of a development. (t)Ldh_"Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. O)LeL"Development Project' or"Development" means any activity described in Section 66000 of the State Government Code. (fl "Junior Accessory Dwelling Unit'means a Junior Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.023. �e4Lgj—"Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. Section IV. Ordinance 3064 (Pedestrian Bridge Development Impact Fee for Otay Ranch Villages 1, 5, 6, and 2) is amended as follows: Section 8(Determination of Equivalent Dwelling Units) Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Fee by Land Use Land Use People per Household EDUs Single Family("SFD") 3.52 1 Multi-Family("MF") 2.61 0.74 "Single Family" shall mean a residential unit within a subdivision,planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision,planning area or neighborhood. Ordinance Page 9 "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre or any residential unit within a mixed-use project as shown on the approved tentative map for said subdivision, planning area or neighborhood. Pursuant to California Government Code Section 65852.2(f)(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall be exempt Accessory Dwelling Units 750 square feet or larger shall be charged proportionately to the primary residence on a square footage basis. Section 23 (Other Not Previously Defined Terms) For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.022. O)Lbl—"Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b3fkJ_"Developer" means the owner or developer of a development. (E}L"Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (4)LeL"Development Project" or"Development" means any activity described in Section 66000 of the State Government Code. (f "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.023. (e)LgL"Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. Section V. Ordinance 2898 (Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11) is amended as follows: Ordinance Page 10 Section 8(Determination of Equivalent Dwelling Units) Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Fee by and Use Land Use People per Household EDUs Single Family("SFD") 3.52 1 Multi-Family "MF" 2.61 0.74 "Single Family" shall mean a residential unit within a subdivision,planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision,planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision,planning area or neighborhood. Pursuant to California Government Code Section 65852 2(fl(3)(A) Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall be exempt. Accessory Dwelling Units 750 square feet or larger shall be charged proportionately to the primary residence on a square footage basis Section 23 (Other Not Previously Defined Terms) For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58 022 (-a)LbL_"Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b)Lcl_"Developer" means the owner or developer of a development. (OLd)_"Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. O)Le _"Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. (fl "Junior Accessory Dwelling Unit'means a Junior AccessM.Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.023. Ordinance Page I1 {e}Li:�_"Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. Section VI. Ordinance 3273 (Pedestrian Bridge Development Impact Fee for the Eastern Urban Center) is amended as follows: Section 8(Determination of Equivalent Dwelling Units) Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: People per Equivalent Dwelling Land Use Household Units (EDUs Single Family "SFD") 3.52 1 Multi-Family ("MF") ** 2.61 0.74 *"Single-Family Dwelling" shall mean a residential unit within a subdivision, planning area, or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision. **"Multi-Family Dwelling" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of 8 units per acre as shown on the approved tentative map for said subdivision. Pursuant to California Government Code Section 65852.2(0(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet shall be exempt ADUs of 750 square feet or larger shall be charged proportionately to the primary residence on a square footage basis. Section 23 (Other Not Previously Defined Terms) For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (aa) "Accessory Dwelling Unit" means an Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.022. (-a)jhj.2"Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. Ordinance Page 12 (-b)LcJ_"Developer"or"Owner" means the owner of Property,which is the subject of this Agreement, anyone authorized to act on behalf of the owner of the Property, and any and all of owner's successors in interest, whether individual,partnership,corporation,or other entity such as a Home Owners' Association, regardless of the manner of transfer, including purchase, devise, or gift. {e}LdL"Development Project" or"Development" means any activity described in Section 66000 of the State Government Code. (e) "Junior Accessory Dwelling Unit"means a Junior Accessory Dwelling Unit as defined in Chula Vista Municipal Code Section 19.58.023. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney Written Communications Item # Z Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent: Monday,September 30, 2019 3:40 PM To: Kerry Bigelow<KBigelow@chul_avistaca.gov> Subject: FW: important: Council agenda item#7, removing owner-occupied restrictions for ADUs Hi Kerry, Can you attach Ms. Dillon's comments below to the record for item#7 and distribute them? I don't know if my comments below hers should be attached or not.Thank you! Warm regards, Jill M.Galvez I Councilmember I District 2, Northwest 276 Fourth Avenue I Chula Vista,CA 191910 Phone: 619.691.51771 Cell: 619.997.10161 Email: imgalvez@chulavist_aca.gov kf CH60AW MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2nd .,.Pass it on... From:Terri Dillon [mailto: ] Sent: Monday, September 30, 2019 3:07 PM To: Jill Galvez Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs Warning. External Against it. will contribute to additional congestion of traffic parking, schools utilities trash g g 'p g' ' Email evictions, distraction of first responders and so forth. Even selling properties, effecting sellers ability to sell now having to respect tenant rights. R1 zoning needs to stay R1. This is not a multiple dwelling code. TERRI DILLON, Broker TDillona,RealtyExecutivesDillon.com Lic#01129216 On Sep 30, 2019, at 2:56 PM,Jill Galvez<jmgalvez ,chulavistaca.gov>wrote: Hello neighbor, 2019-11-12 Agenda Pack-%ePage 28 of 113 I'm writing to you because you had questions about ADUs in the past, or because you're a homeowner in our beautiful city. Tomorrow night at Spm(October 1"),the council will vote on removing owner-occupancy requirements for Accessory Dwelling Units(aka Granny Flats)and Junior Accessory Dwelling Units(aka Garage Conversions). Do you have any thoughts on this topic? I am concerned that there might be an unfair advantage to existing landlords which might lead to over- speculation on traditional housing stock in Chula Vista. On the other hand,allowing non-owner occupied multifamily housing on existing parcels could provide additional low-income rental housing throughout Chula Vista,which is a problem for our entire region. I do not know what other cities or what the state will be doing in this regard. I've heard that the state will be issuing new regulations mid-October. Note:the council is not considering changing fee structures or providing pre-approved plans to make building ADUs easier at this time. Please come to the meeting or email me with your thoughts/concerns. Warm regards, Jill M.GalveaI CouncilmemberI District 2, Northwest 276 Fourth Avenue I Chula Vista,CA 191910 Phone:619.691.51771 Cell:619.997.10161 Email: imgaivez@chulavista ca.Rov <image001.jpg> MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2nd ... Pass it on... <Ordinance removing owner-occupied restrictions for ADUs.pdf> <Staff Report-ADU -remove owner req.pdf> 2- 2019-11-12 2019-11 12 Agenda Pack-%ePage 29 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday,October 1, 2019 9:06 AM To:Kerry Bigelow<KBigelow@chulavistaca.go > Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs For distribution,thank you! Jill Galvez Councilmember, District 2 City of Chula Vista (619)997-1016 cell Begin forwarded message: From: Lasha Allen<> Date:September 30,2019 at 9:56:42 PM PDT To:Jill Galvez<imgalvez@chulavistaca.gov> Subject:Re: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs Would this cause a rezoning...as in 2 on 1 leading to apartments? Where I am,absolutely for NO rezoning. Next door, they just built a granny flat... this house already has 4 cars, no garage as it's too small for today's cars(plus it's full of "stuff'). We already have too many renters with no concern about how the yards look,or noisy parties,or one house with 4 dogs(that are not cleaned up after they go on our yards). These flats turn into non grannys...out to make a buck like bnbs(spelling?) How many on council have renters,granny flats,garage conversions,etc.next to them? I'm flying out of town in a couple days, 1 won't be able to attend. PS what are the owner-occcupancy requirements? Lasha Allen 2019-11-12 Agenda Pack-%ePage 30 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday,October 1,2019 9:06 AM To: Kerry Bigelow<KBigelow@chulavistaca.gov> Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs For distribution,thank you! Jill Galvez Councilmember, District 2 City of Chula Vista (619)997-1016 cell Begin forwarded message: From: Bill Sears<> Date:September 30, 2419 at 10:05:52 PM PDT To:Jill Galvez<imgalvez@chulavistaca.go > Subject:Re: Important:Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External I❑ ose garage conversions because it tends to create neighborhood parking Issues. I live on a court with Email pp g g g p g seven homes.One home has someone living in their garage and that home has five vehicles.Another home has converted their home into a workout gym and they have six vehicles.They double park driveway and sticking out into the street. None will park their cars on the cross street(Nacion).When we have guests coming to visit there's no where for them to park. It's also a real battle on trash can eve. 2019-11-12 Agenda Pack-%ePage 31 of 113 Sheree Kansas Subject: FW: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday, October 1,2019 9:05 AM To: Kerry Bigelow<KBi elow chulavistaca. ova Subject: Fwd: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs For distribution,thank you. Jill Galvez Councilmember, District 2 City of Chula Vista (619)997-1016 cell Begin forwarded message: From: Michael Mace<> Date:October 1,2019 at 8:40:34 AM PDT To:<imgalvez@chulavistaca.goy> Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External Good morningJill Email ' Much of the same as mentioned in my response to your other mailing on basically the same subject. only with this additional option, of course there can be other results. of course depending on the power of the $$ and interest in the area as an investment. Most of the newer homes (built in the past 10 years) don't have sufficient property to do much of anything. I would never do it, but if it was zoned to allow it or by this new agenda item, I could easily build two apartments in my back yard and still have room for a garden. Not much of any in the East Lake area would do that unless Pacific Islander families as they have. The point being that this will be restricted to older areas on the most part. one area as an example where building has been done without permits (that is what I have been told) in the residential areas just north of Harborside Elementary School and all around that area. Next to where my daughter and son in law live which is less than 300 feet from that school is pretty ghetto. The streets are very narrow, already grossly overpopulated from the building and the streets packed with cars to beyond it's capacity. In my daughters back yard, there is an apartment, a two car garage, and room for a couple more apartments. The apartment is used like for storage. But the driveway can hold up to 4 cars or trucks. The point is that outside investors could and would build and use them as multi rental locations for income and it would be a ghetto as is that area I reference. Not an area for people with a desire to move on up. There are certainly some positive aspects, but seems it is probably an answer to the need of low income housing. Or seems that way in the long run. 1 could go on and on with both the positive and negative, but for the most part it is negative for Chula Vista west of 805 as well as east to the end of Chula Vista. A bit ghetto.... Good luck in solving this issue, Michael i 2019-11-12 Agenda Pack-%et Pack-%ePage 32 of 113 -----original Message----- From:Jill Galvez<jm__al�(a)_chulavistaca.gov> To: 'Michael Mace'< > Sent: Mon, Sep 30, 2019 4:14 pm Subject: RE: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs Thank you, Michael. This rule change would allow for multiple tenants, not related, with the owner of the property being an investor/corporation/out-of-state landlord. Do you have any thoughts on that? Warm regards, Jill M. valvezl Councilmemberl District 2, Northwest 276 Fourth Avenue I Chula Vista, CA 191910 Phone: 619.691.51771 Cell: 619.997.10161 Email: jmgalvez a�_._chulavistaca.gov MTS RIDE-FREE DAY IS WEDNESDAY, OCTOBER 2"d r r■ Pass it on... From: Michael Mace Q Sent: Monday, September 30, 2019 4:10 PM To:Jill Galvez Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs Warning: External HI Jill, Email Thanks for thinking of me. I agree that it could cause a huge problem and at the same time in some ways Alleviate some problems. Pluses; *Enable the building of a granny flat for family or other family members, even up to two stories for even both. *Enable an owner to build for rental purposes to increase income in retirement...up to two stories too. For family members. *Add substantial value to the property if and when the property is sold. Especially if property is large as in Bonita. **Add to the city tax base so the city has a greater income from property tax, building permit fees and more. **Add to the tax base for education and more from the increase in property value. For the city, county and more. Negatives; *over population of people, pets, all requiring more police and city services. z 2019-11-12 Agenda Pack-%ePage 33 of 113 *Parking, parking, parking. Overload of cars on the streets, wear and tear on the area streets , congestion and more. *Trash, trash, trash. 25%-50% increase of trash, air pollution, and need for disposal. costs greatly increase. *Utilities; Greater use of water, electricity, gas, sewer. *Greater crime; Possible holding areas for illegal immigrants, drug manufacturing, Storage of??? *Public services; Increase by 25% to 50 to include possible greater increase in school age kids. *If the property is built and is in some way connected to the original house, then the increase in permits and more will be far less because it will be considered an addition and not a separate building. Makes a huge difference in skirting fees... codes are codes. see or for see headaches, headaches and more unless really controlled and monitored.....oh gosh, that would create a substantial need for city employees in all areas from code control, police, fire service and more......GMG.. Hope I have come up with a bit more than you have already thought of. Sadly most is not good. Be well and good luck... Michael 2019-11-12 Agenda Pack-%ePage 34 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday,October 1,2019 9:04 AM To: Kerry Bigelow<KBigelow@chulavistaca.gov> Subject:Fwd: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs For distribution-thank you! Jill Galvez Councilmember, District 2 City of Chula Vista (619)997-1016 cell Begin forwarded message: From:Savannah Sturges<s> Date:October 1,2019 at 6:53:48 AM PDT To:Jill Galvez<jmpalvez@chulavistaca.gov> Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External I agree with you. I think we should maintain owner occupancy. I would not to live next door to a home with Email g y multiple rentals within and a landlord no where in sight! On Mon,Sep 30, 2019 at 4:53 PM Jill Galvez<Lmgalvez@chulavistaca.gov>wrote: Hi Savannah, Thank you for sharing your thoughts. My concern is that the vote on the ordinance is to change two sections of the municipal code to say: 19.58.022(c)(12) "The property owner(s)shall not be required to reside on the lot on which the accessory dwelling unit is located or constructed." 19.58.023(8)(2)"owner-occupancy is not required in the single family residence in which the junior accessory dwelling unit will be permitted." There is no vote on fees. 2019-11-12 Agenda Pack-%ePage 35 of 113 I fear that the changes to our municipal code might squeeze out home ownership and cause homeowners like yourself frustrations. What happens if the house next door to yours builds an ADU or more, rents out rooms,and is owned/managed by someone out of state? How does that impact public safety, preserve the right of our future generations to hope to own a home in our city to build wealth for themselves? Warm regards, Jill M.Galvez( Councilmember I District 2, Northwest 276 Fourth Avenue I Chula Vista CA 191910 Phone: 619.691.5177 1 Cell:619-997.10161 Email: 'm alvei chulavistaca. ov MTS RIDE-FREE DAY IS WEDNESDAY, OCTOBER 2"d ... Pass it on... From: Savannah Sturges [mailto:] Sent: Monday, September 30, 2019 4:47 PM To: Jill Ga I vez Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs Warning: External Email Thanks Jill, We feel owners should be able to establish an accessory dwelling. Particularly for the need for our generation to care for our elderly parents eventually. I know I would consider building a granny flat when the time comes to care for my parents. However,We feel this should be limited to one accessory dwelling(ex garage conversion or Granny flat).This would prohibit an owner from renting a back granny,a garage,a room in the house, etc which would cause overcrowding in neighborhoods.Thanks for asking our opinion. 2 2019-11-12 Agenda Pack-%ePage 36 of 113 Savannah Sturges Savannah Sturges 2019-11-12 Agenda Pack-%-,+L Page 37 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday,October 1,2019 9:04 AM To: Kerry Bigelow EKBigelow@chulavistaca.goy> Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs For distribution-thank you! .fill Galvez Councilmember, District 2 City of Chula Vista (619)997-1016 cell Begin forwarded message: From:Jo Anne Springer<> Date:September 30,2019 at 11:06:50 PM PDT To:Jill Galvez<imgalvez@chulavista_ca.gov> Subject:Re:Important:Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External ill Email ' I'm out of town and won't be returning til Wed. evening, so can't attend the council meeting. I share your concerns about granny flats. I have no problem with providing family members with residences close enough to allow for family care while maintaining independence. I'm opposed to them being used as real estate income. I think we have enough housing in this city, regardless of what the state or other council members want. We are pushing the limits of maintenance of infrastructure as it is, not to mention the strain on natural resources and traffic glut. Jo Anne 2019-11-12 Agenda Pack-%ePage 38 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent: Monday,September 30,2019 7:38 PM To: Kerry Bigelow<KBigelow@chulavistaca-gov> Subject: Fwd: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs Hi Derry, Can you distribute this?Thank you! Jill Begin forwarded message: From: Jerilyn Brown<> Date: September 30,2019 at 7:36:22 PM PDT To: Jill Galvez<jmgalvez c,chulavistaca.gov> Subject: Re: Important: Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External Hi Jill Email Thank you for all our hard work for our cityl Y Y Y My feelings are that if the property owner is not on the premises,two tenants in two structures could be irresponsible neighbors. Buyers could buy multiple properties here on the west side where our lots are often deeper and build granny flats,rent all properties and the renters don't feel any stake in the community or for the property. our nice quiet single family neighborhoods will be no longer nice and quiet. Thank you for considering my concerns and representing me at the council meeting. We are unable to attend because of a previous commitment. David and Jerilyn Brown Sent from my iPhone 2019-11-12 Agenda Pack-%ePage 39 of 113 Sheree Kansas Subject: FW: Important:Council agenda item#7, removing owner-occupied restrictions for ADUs From:Jill Galvez Sent:Tuesday,October 1,2019 3:27 PM To:'David Butler'<>; Kerry Bigelow<KBigelow@chulavistaca,.gov> Subject: RE: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs Dear Mr.and Mrs. Butler, Thank you for sharing your thoughts on this topic. I am copying the city clerk so that she may distribute your comments before the meeting.The council meeting begins at Spm and this is item#7. Warm regards, Jill M.Galvez I Councilmember I District 2, Northwest 276 Fourth Avenue I Chula Vista,CA 191910 Phone: 619.691.51771 Cell: 619.997.10161 Email: imgalvez@chulavistaca.gov P t-Itz CHOR%9A MTS RIDE-FREE DAY IS WEDNESDAY,OCTOBER 2"d ...Pass it on... From: David Butler [] Sent: Tuesday, October 01, 2019 3:24 PM To: Jill Galvez Subject: Re: Important: Council agenda item #7, removing owner-occupied restrictions for ADUs Warning: External Jill Email ISuellen and I are strongly againstlargely this. First it would ll impact west Chula Vista where the g y p lots are typically larger. Why would we want our beautiful neighborhoods to become more dense? It is a backhanded way of changing a single family zoned neighborhood into a multi family neighborhood without changing zoning. Parking and traffic are already a problem in many neighborhoods. This would make it worse. our quality of life would be negatively impacted. I am a landlord with 3 single family dwellings and could greatly benefit financially but the negatives far outweigh any financial benefit. This short term solution to a perceived housing problem would lead to long term negative impacts on west Chula Vista neighborhoods. Please oppose this measure. David and Suellen Sent from my Whone 2019-11-12 Agenda Pack-%ePage 40 of 113 Sheree Kansas Subject: FW: Item#7, 10/1/2019: Removing owner-occupancy requirements for ADU's -----Original Message----- From: Suellen Butler [mailto:] Sent:Tuesday,October 01,2019 4:01 PM To:Mary Salas;John McCann; Mike Diaz; Steve C.Padilla;]ill Galvez Subject: Item#7, 10/1/2019: Removing owner-occupancy requirements for ADU's Warning: External Email Dear Mayor Salas and Council-members, My husband David and I are life long Chula Vista residents,we want to go on record as strongly opposing this agenda item. First it would largely impact west Chula Vista where the lots are typically larger.Why would we want our beautiful neighborhoods to become more dense? It is a backhanded way of changing single family zoned neighborhoods into a multi family neighborhoods without changing zoning.Parking and traffic are already a problem in many neighborhoods,this would only make it worse.Our quality of life would be negatively impacted. My husband and I own 3 single family rental properties on the west side of town and we would greatly benefit financially if this item were to pass,but we feel the negatives far outweigh any financial benefit.This is short term solution to a perceived housing problem which would lead to long term negative impacts on west Chula Vista neighborhoods. I feel this council needs to begin looking at the long term issues their legacy will leave for the future residents of Chula Vista. I urge you to reflect on the beloved movie'It's a Wonderful Life",do you want to be remembered by future Chula Vistan's as a council full of Mr.Potter's who created the slums of Potters Field,or do you want to be a George Bailey who gave people pride in their town and roots for their children to grow. Please oppose this measure. Thank you, Suellen R.Butler Sent from my iPhone Sent from my iPad 2019-11-12 Agenda Pack-%ePage 41 of 113 Written Communications Item # Sheree Kansas Subject: FW: Important: Council agenda item#7, removing owner-occupied restrictions for ADUs Attachments: imageo41 jpg From:Jill Galvez Sent:Tuesday,October 1,2019 5:02 PM To: Kerry Bigelow<KBigelow@chulavistaca.gov> Subject: Fwd: Important: Council agenda item#71 removing owner-occupied restrictions for ADUs Please distribute-thank you! Warm regards, Jill M. Galvezl Councilmemberl District 2,Northwest 276 Fourth Avenue I Chula Vista CA 191910 Phone: 619.691.51771 Cell: 619.997.1016 Email: jmgalvez@,chulavistaca.gov i Begin forwarded message: From: <> Date: October 1, 2019 at 4:58:17 PM PDT To: 'Jill Galvez' <mgalve2chulavistaca.gov> - ---1- - - -- - Subject: RE: Important: Council agenda item#7,removing owner-occupied restrictions for ADUs Warning: External Hi Jill Email I believe there is a real problem with removing the owner occupancy requirements. There are already many non-owner occupied properties in chula vista and many of those are not well taken care of. In general, renters just do not care about the neighborhood the way that owners do. I believe this will cause a flood of non-owner occupied building additions and effectively doubling the density of our current neighborhoods and create slums. Also,there is not enough street parking as it is. Every street is full of parked cars. Please, at least maintain the requirement for parking on the property. Thanks Tim Smith 2019-11-12 Agenda Pack-%ePage 42 of 113 -----Original Message----- From: Pat Finlay [mailto:] Sent:Tuesday, November 05, 201912:54 PM To:Jill Galvez Subject:Vote Warning: External Email Rezone west side R1 to R21, vote no Sent from my iPad 2019-11-12 Agenda Packet, Page 43 of 113 From: Webmaster .Seat: Tuesday, November O�5,, 2019 2:50 PM To: Mayor Subiect: City of Chula Vista: Contact Us - Notification for Mayor Casillas Salas W A new entry to a form/survey has been submitted. Form Name: Mayor Casillas Salas Date&Time: 11/05/2019 2:50 PM Response#: 1023 Submitter ID: 68023 IP address: 68.7.194.200 Time to complete: 3 min.,23 sec. Survey Details ........................................................................................................................................................................................................................ Page 1 Please feel free to contact us with any comments or questions by filling out the form below. First Name Pat Last Name Finlay Email Address Comments Rezone vote from R1 to R2 Vote No Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management"SystemTM. Please do not reply directly to this email. 2019-11-12 Agenda Packet, Page 44 of 113 PACIFIC SOUTHWEST ASSOCIATION of REALTORS* Additional Information Item # S4 November 5,2019 Honorable Mary Salas City of Chula Vista 276 Fourth Avenue Chula Vista.,CA 91910 Agenda Item 5--Support Removal of ADU&JADU Homeowner occupancy Requirement Dear Mayor Salas and Chula Vista City Councilmembers: The Pacific Southwest Association of REALTORS®(PSAR)strongly supports the City of Chula Vista's removal of the city's Accessory Dwelling Unit(ADU)and Junior Accessory Dwelling Unit(JADU)Homeowner Occupancy requirements and the proposed reduction of Permit Processing and Development Impact Fees(DIFs). PSAR supports the Staff report recommendation to remove the ADLJ&JADU Homeowner Occupancy requirement and release other ADU&JADU owners from prior deed restrictions. We encourage you to support the Staff report's recommendation to remove the ADUIJADU Homeowner Occupancy requirement and look forward to the final staff proposal regarding the reduction and financing of ADU&JADU DIFs. PSAR understands that your staff will return with the remaining changes in your ADU ordinance that will implement the rest of the SB 13 ADUIJADU requirements. The California Association of REALTORS is monitoring municipal regulations that would reduce the production of new housing units.Local housing regulations are being reviewed by Californians for Homeownership(CFH)to ensure local regulations are not stifling the production of new housing.A guide that was produced by CFH regarding mandatory changes that will be required by SB 13 is attached to this letter. PSAR urges you to come back at the beginning of the year with the recommended changes to the ADU and Junior ADU that meet the changes mandated by SB 13. Thank you for your consideration of our recommendations and your support of expanding housing opportunities in the City of Chula Vista. Sincerely, R64arRadar 6"W% Robert Calloway,2019 President Robert Cromer,2020 President Pacific Southwest Association of REALTORS Pacific Southwest Association of REALTORS' East County Service Center• 1150 Broadway,Ste 100*El Cajon,CA 92021 •619.579.0333 South County Service Center•880 Canarios Court,Ste 100•Chula Vista,CA 91910'619.421.7811 Center City Service Center•4340 Genesee,Ste 203,San Diego,CA 92117 R E A Q 1 EQUAL HOUSING 2019-11-12 Agenda Pack-%ePage 45 of 113 On January 1, 2020, it will become easier to build Accessory Dwelling Units in California,thanks to a package of new bills. These bills invalidate local ADU ordinances across the state and replace them with state-mandated rules. Here are some highlights of California's new ADU law: CA f'4.!4:■o-..c 44' .� wk rqi jy.. ■ 04 +!"' ewc 7..,*f••a•.s.+.!+"'�nr «� 7R ► ' • Cities must approve ADU applications within 60 days,without a hearing or discretionary review. • For ADUs permitted by 2025, cities cannot require the owner to live at the property. • Cities cannot charge any impact fees for ADUs under 750 sqft;fees for larger ADUs are limited. • Homeowners associations must allow the construction of ADUs. t • ADUs can be developed at the same time as a primary unit, under most of the same rules. • A city must delay code enforcement against an existing unlawful ADU to allow it to be legalized. -he.JLr'a�......sY 3'.Y..YJY.F.'Y-4+YS.i.sii..cs-..A..Y...�.....'Y k..Ts.-v..._.x. v.?.EiT�.-.s.a:: lustw_si:e'_='tea•...-...:.a:Y.-:�.:s'a+y:.:.y_...•':...:y..me...t....r__...:..;.. . _,.. •_ _.. ._k_:: -r..hT:._._ _.._=-..:a' .+. s ..:�::.'.:.-:moi-ur_i....pz - ADUs Subject to Automatic Approval — No Local Limits Cities must permit certain categories of ADU without applying any focal development standards (e.g., limits on lot size, unit size, parking,height,setbacks, landscaping,or aesthetics), if proposed on a lot developed with one single-family home.ADUs eligible for this automatic approval include: • An ADU converted from existing space in the home or another structure(e.g.,a garage),so long as the ADU can be accessed from the exterior and has setbacks sufficient for fire safety. • A new detached ADU that is no larger than 800 sqft, has a maximum height of 16 feet,and has rear and side setbacks of 4 feet. • Both of the above options(creating two ADUs), if the converted ADU is smaller than 500 sqft. ADUs Subject to Ministerial Approval --- Minimal Local Limits Even if not subject to automatic approval, a city generally must approve any attached or detached ADU under 1,200 sqft unless the city adopts a new ADU ordinance setting local development standards for ADUs. If a city adopts such an ordinance, it must abide by the following restrictions: ■ No minimum lot size requirements. • No maximum unit size limit under 850 sqft (or 1,000 sqft for a two-bedroom ADU). • No required replacement parking when a parking garage is converted into an ADU. • No required parking for an ADU created through the conversion of existing space or located within a half-mile walking distance of a bus stop or transit station. • If the city imposes a floor area ratio limitation or similar rule,the limit must be designed to allow the development of at least one 800 sqft attached or detached ADU on every lot. Adding Units to Multifamily properties For the first time,the new laws allow units to be added to multifamily buildings.Cities must permit these types of units in multifamily buildings without applying any local development standards: • New units within the existing non-living space of a building(e.g.,storage rooms, basements, or garages).At least one unit and up to%of the existing unit count may be created this way. • Two new homes on the same lot as the multifamily building but detached from it,with 4-foot side and rear setbacks and a 16-foot maximum height. tvntact@caforhomes.org I (213)739-8206 525 S.Virgil Avenue I Los Angeles,CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP 2019-11-12 Agenda Pack-%ePage 46 of 113 Sheree Kansas Subject: FW: New ADU Regulations Implementation Attachments: image002 jpg From: Robert Olivieri Sent: Wednesday, November 06, 2019 10:25 AM To: John McCann Cc: Mary Salas; Mike Diaz; Jill Galvez Subject: New ADU Regulations Implementation Warning: External H1 John Bob Olivieri from Coldwell Banker west and PSAR here. Email I was in attendance at the City Council meeting and unfortunately didn't get my name in to speak. Even though SB 13 ties the city's hands in a lot of ways, I think there are some regulations that the city should consider for ADU's that I believe are not addressed in the bill. Here are some issues that need to be addressed.. 1)ADU 's should be restricted on use as short term rentals(Airbnb,VRBO, etc.). The purpose of SB 13 is to promote housing affordability, not promote businesses on R1 zoned neighborhoods.This is a rising business and not just in coastal areas. I fear if there is not at least a Owner Occupancy "use" requirement (not building or establishing requirement)for use as short term rentals, we will be seeing ADU's designed and built for that purpose and we will be converting our neighborhoods into areas of"Mini Hotels" ESPECIALLY near back the new Bayfront Development. 2)What happens after 2025? So I build an ADU as an investor in the next few years, now 2025 comes and the city decides, if statute allows, to revert back to the Owner Occupancy rules. Am I grandfathered in? If not, I will have to either move into my rental property or sell. This would not be fair to anyone. If an ADU is established or permitted with no Owner Occupancy requirement,then they should be grandfathered in if the ordinance should change back. Thank you for your reading this. Please contact me if you would like to discuss further. I am presently an ADU owner and have worked with PSAR on this issue for awhile. BOB OLIVIERI MANAGER,GOLDWELL BANKER WEST 2019-11-12 Agenda Pack-%ePage 47 of 113 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA November 12,2019 File ID: 19-053,3 'TITLE RESOLUTION OF; THE CITY COUNCIL OF THE CITY OF CHU'LA VISTA AMENDING RESOLUTION No. 2019- 169 0 9- 1 9 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT'To BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRICT TO FINANCE PUBLIC AND PRIVATE IMPROVEMENTS RECOMMEND w DACTION Council adopt the resolution amending Resolution No. 2019-169. SUMMARY On September 10, 2019, the City Council took several actions furthering the formation process for the planned Chula Vista Bayfront Project Special Tax Financing District (the "Bayfront District" . One such action was a resolution declaring the necessity of the Bayfront District to incur a bonded indebtedness to finance certain authorized facilities and setting the maximum bonded indebtedness at $125,0010,000. Staff recommends amending the resolution to increase the maximum bonded indebtedness for the Bayfront District to $'175,000,01001. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality .Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15,378 of the State CEQA Guidelines because the activity consists of the creation of a governmental fiscal/funding mechanism which does not result in a physical change in the environment; therefore, pursuant to Section 150, 01(c (3) oft e State CEA Guidelines, the activity is not subject to CEA.'"Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION The City of Chula Vista has initiated proceedings to form.the Bayfront District. On September 10, 2019,the Council approved the following three resolutions furthering the formation of the district: 1. Resolution 2019-167, adopting a map showing the boundaries of the territory proposed to be included in the Bayfront District; v . 01 (,) l Pzige 1 2019-11-12 Agenda Packet, gage 48 of 1 1 a3 2. Resolution 2019-168, declaring the intention of the City Council to establish the Bayfront District and to authorize the levy of a special tax therein to finance public and private improvements and maintenance services (the"Resolution of Intent"); and 3. Resolution 2019-169, declaring the necessity to incur a bonded indebtedness of the Bayfront District, to be secured by special taxes, to be levied within the district to finance public and private improvements (the"Bonded Indebtedness Resolution"). The Bonded Indebtedness Resolution established a maximum bonded indebtedness for the Bayfront. District of$12,5,000,000. The Resolution of Intent and the Bonded Indebtedness Resolution each also set public hearings to be held contemporaneously on October 15, 2019 to consider (a) the establishment of'the Bayfront District and the authorization to levy the special tax therein and (b) the necessity for and authorization of the Bayfront District to incur a bonded indebtedness. On October 15, 2,019, the public hearings were continued to November 5, 2019. At the November 5, 2019 City Council meeting, staff requested direction from the Council to return with an item increasing the maximum bonded indebtedness to $175,000,000. Staffs request was the result of additional analysis of the reasonably foreseeable revenues to be generated by the Bayfront. District and recognizing the value of maximizing future flexibility for the Bayfront. District. Amending the Bonded Indebtedness Resolution does not authorize a bonded debt issuance,but rather secures,the future ability of the Council to approve an indebtedness of' up to $175,000,000 for the Bayfront District, should they so choose. The actual amount of the bond sale(s) will depend upon a number of factors, including interest rates on the bonds. Council directed staff to return with an amended Bonded Indebtedness Resolution. At the November 5 Council meeting, the public hearings were continued to November 19, 2019, to allow sufficient time to provide notice of the increase in the amount of indebtedness of the Bayfront District proposed to be authorized. Notice was published on November 8, 2019 in the Star News. Future Actions A combined public hearing will be held on November 19, 2019 to consider (a) the establishment of the Bayfront District and the authorization to levy the special tax therein and (b) the necessity for and authorization of the Bayfront District to incur a bonded indebtedness. There will be an election following the public hearings for the landowners to vote on the authorization to levy special taxes, the authorization to incur a bonded indebtedness of the Bayfront District and to establish an appropriations limit. Once the votes are cast,Council will be requested to certify the results of the election. DECISION-MAKER CONFLICT' Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,00�O feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financing conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8),for purposes of the Political Reform Act(Cal. Gov't Code§8710o,et seq.). Pzige 2 2019-11-12 Agenda Packet, Page 49 of 113 Staff is not independently aware, and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR.FISCA1.IMPACT All expenses incurred by the City in undertaking the proceedings to consider the formation of the Bayfront District and subsequently authorizing, issuing, and selling bonds of the Bayfront District to finance the acquisition and construction of eligible public facilities will be reimbursed from future Bayfront District bond proceeds or special tax revenues, resulting in no net impact to the General Fund or the Development Services Fund. ONGOING FISCAL IMPACT Approving the amended resolution increases the maximum bonded indebtedness for the Bayfront District from $125,00�0,000 to $175,000,000. This action does not commit the Bayfront District to issue any bonded debt. There is no ongoing fiscal impact to the City as a result of'this action. ATTACHMENTS 1. Resolution No. 2019-169 Staff Con tact: Tiffany Allen,Developmeet Services Departm e,n t Pzige 3 2019-11-12 Agenda Packet, Page 50 of 113 DocuSign Envelope ID:63614C80-9736-4A46-9084-B9F6A2203DF4, RESOLUTION NO. 2019-169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRICT TO FINANCE PUBLIC AND PRIVATE IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista, California (the "City Council"), has adopted its Resolution No. 20 19-168 (the "Resolution of Intention") this date declaring its intention to establish a special tax financing district pursuant to the terms and provisions of Chapter 3.61 of the Chula Vista Municipal Code ("Chapter 3.6 1") to finance certain authorized improvements described in Exhibit A attached hereto and incorporated herein by this reference (the "Improvements"). This special tax financing district shall hereinafter be designated and referred to as the Bayfront Project Special Tax Financing District(the "District"); and WHEREAS, it is the intention of this legislative body to finance all or a portion of the Improvements through the issuance of bonds by the District, such bonds to be secured by special taxes to be levied on taxable property within the District, all as, authorized pursuant to Chapter 3.. 1. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Chula Vista, that: SECTION L Recitals. The above recitals are all true and correct. SECTION 2. Findings and Declaration. The City Council hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to the municipal, affairs of the City and that the consideration of the issuance of bonds authorized by the District will provide significant economic benefits to the City and to the residents of the City, and will result in significant public benefits. SECTION 3. Declaration of Convenience and Necessity. The City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the District to contribute to the financing of the Improvements. SECTION 4. P,u]r or P,,r,oposed Indebtedness. The purpose for the proposed debt of po,se f the District is to contribute to the financing of the Improvements. The cost of financing the Improvements includes Incidental Expenses (as such term is defined in.Government Code Section 53317(e)) and may include, but not be limited to, the cost of planning and designing the Improvements; all costs associated with the establishment of the District, the issuance and administration of bonds to be issued for the District, including the payment of any rebate obligation due and owing to the federal. government, the determination of the amount of any special taxes to be levied; the cost of collecting any special taxes; and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the purchase, construction, expansion, improvement, rehabilitation, replacement and upgrade, including ongoing capital repairs, and inspection of the Improvements. 2019-11-12 Agenda Packet, Page 51 of 113 Do uSign Envelope ID:63614C80-9736-4 4 -9084-B F6 22 3DF Resolution No. 2019-169 Page 19- Pae N . 2 SECTION 5. Bond Authorization. The amount of the bended indebtedness of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to Chapter 3.61. The amount of the indebtedness proposed to be authorized is $125,000,000. SECTION 6. Notice of public Hearing. NOTICE IS GIVEN that on October 15, 2019, at the hour of . o'clock p.m. in the regular meeting place of the legislative body,being the Council Chambers, City Mall, located at 276 Fourth Avenue, Chula Nista, California,a.hearing will be held on the intention of this legislative body to incur a bonded indebtedness of the District to contribute to the financing of the Improvements, such indebtedness to be secured by all or a portion of the levy of special taxes within the District. At the time and place fixed for said public hearing any persons interested, including persons owning property within the .District, may appear and present any matters material to the proposed intention and necessity for incurring a bonded indebtedness of the District. SECTION 7. Publication of Notice. Notice of the time and place of the public hearing shall be given by the City Clerkby publishing a notice of public hearing in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. [SIGNATURES N THE FOLLOWING PAGE] 2019-11-12 Agenda Packet, gage 52 of 113 DocuSign Envelope ID:63614C80-9736-4A46-9084-B9F6A2203DF4, Resolution No. 2019-169 Page No. 3 Presented by Approved as to form by e--DocuSigned by: DOCUSigned by: (.......... A- "--04E6EC224BA74B0... "--CF40650850444BF., Kelly G. Broughton, FASLA Glen R. Goggins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of September 2019 by the following vote: AYES.- Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None EDocuSigned by: FQ7Q0386456_ Mary Casillas Salas, Mayor ATTEST: e—DocuSigned by: Ar'V6- 3074 D 104 EAF342E. Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CH LA VISTA 1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-169 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of September 2019. Executed this I Oth day of September 2019. e--DocuSigned by: 44104EAF342E... Kerry K. Bigelow, MMC, City Clerk 2019-11-12 Agenda Packet, Page 53 of 113 Do uSign Envelope ID:63614C80-9736-4 4 -9084-B F6 22 3DF Resolution No. 2019-169 Page 19- P"ae N . 4 EXHIBIT A DESCRIPTION OF AUTHORIZED IMPROVEMENTS P VEMENTS 1 Convention Center Facility as defined in Chula Vista Municipal Code Chapter 3.61); . Street improvements,, including grading, paving, curbs, gutters, sidewalks, street signalizaton, signage, street lights, furnishings, and parkway and median landscaping related.thereto; 3. Gateway signage; 4. Pedestrian and bicycle paths; . Storm drains and other water equality devices to ensure regional permit compliance 6. Public utilities (including but not limited to water, reclaimed water, suer, electric, gas, and.telephone); 7. Public parrs, open space and recreation facilities; . :Fire protection and emergency response facilities, 9. Parkingimprovements; 10. Museums and cultural facilities; 11. Ecological and sustainability educational improvements 12. Energy efficiency, water conservation, and renewable energy improvements; 13. Land, rigbts-of-way and easements necessary for any facilities to be financed by the District; and 4. Equipment, app expected useful life of years or apparatus, facilities or fixtures �vlt an longer necessary for any of the foregoing or necessary to provide any ofthe services described in the Resolution n f Intention. 2019-11-12 Agenda Packet, gage 54 of 113 RESOLUTION N . RESOLUTION OF THE CITY COUNCIL OF THECITY OF CHULA VISTA AMENDING RESOLUTION No. 2019-169 DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRICT TO FINANCE PUBLIC AND PRIVATE IMPROVEMENTS WHEREAS, on September 10, 2019,. the City Council of the City of Chula Vista, California(the"City Council")adopted its Resolution No. 2019-1 9 "Resolution.No. 2019-169") declaring that the public convenience and necessity requires that a bonded indebtedness be incurred y the Bayfront Project Special Tax Financing District (the District ) to contribute to the financing of certain authorized improvements described in Exhibit A attached thereto and the amount of the indebtedness of the District proposed to be authorized is $125,000,000 ; and WHEREAS, there :has been an additional analysis of the reasonably foreseeable revenues to be generated by the District and recognizing the value of maximizing future flexibility for the District, City Council desires to amend Resolution No. 2019-169 9 to increase the amount of authorized bonded indebtedness of the District from $125,000,000 to 175,000,000. NOW, THEREFORE, BE IT .RESOLVED by the City Council. of the City of Chula"Nista, that. SECTION L recitals. The above recitals are all true and correct. SECTION 2. Amendment to Resolution No. 2019-169. Section 5 of Resolution No. 2019-1,69 is hereby mended to read as follows: SECTION 5. Bond Authorization. The amount of the bonded indebtedness of the District may include all costs and estimated costs incidental to, or connected With, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to Chapter 3.61. The amount of the indebtedness proposed to be authorized is $175,000,000. SECTION 3. Full. Force and Effect of Resolution No. 2019-169. Except as specifically set forth in this resolution., Resolution No. 2019-169 is not amended or modified in any respect, and remains in full force and effect. Presented by Approved as to form by 2019-11-12 Agenda Packet, gage 55 of 1 1 a3 Resolution No. Page 2 Kelly G. Broughton, FASLA Glen R. Goo ins Director of Developmental Services City Attorney 2019-11-12 Agenda Packet, Page 56 of 113 EXHIBIT DESCRIPTION OF AUTHORIZED IMPROVEMENTS 1, Convention Center Facility as defined in Chula vista Municipal Code Chapter 3.61); 2. Street improvements, including grading, paving, curbs, gutters, sidewalk, street signalizatio , signage, street lights, furnishings, and parkway and median landscaping related thereto; 3. Gateway signage; . Pedestrian and bicycle paths; . Storm drains and other water quality devices to ensure regional permit compliance; . Public utilities (including but not limited to water, reclaimed water, sewer, electric, gas, and telephone); 7. public parrs, open, space and recreation facilities; . Fire protection, and emergency response facilities; . Parking improvements; 10. Museums and cultural facilities; 11. Ecological and sustainability educational improvements; 12. Energy efficiency, water conservation, and renewable energy improvements; 13. Land, rights-of-way and easements necessary for any facilities to be financed by the District; and. 14. Equipment,t, apparatus, facilities or fixtures with an expected useful life of 5 years or longer necessary for any of the foregoing or necessary to provide any of the services described in the Resolution of Intention. A-1 2019-11-12 Agenda Packet, gage 57 of 113 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA November 12,2019 File ID: 19-0420 .TI, RESOLUTION OF THE CI"T"Y COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A PROJECT STAFFING AND REVIEWING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PARDEE HOMES, ,A CALIFORNIA CORPORATION RECOMMENDED ACTION Council adopt the resolution. SUMMARY Pardee Homes is requesting City Council approval of a Staffing and Reviewing Agreement to review and. process a proposed project in advance of requesting a Pre-annexation Agreement for consideration by the San Diego Focal Agency Formation Commission. L FCO) for approval of a reorganization to detach the Pardee Homes Nakano property from the City of Chula Vista and attach it to the City of San.Diego. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed agreement for compliance with the California Environmental Quality pct C QA and has determined that the activity is not a project as defined under Section 15378 of the State CEQA Guidelines therefore, pursuant to Section 15060(c)(3) of the State CIA Guidelines,the activity is not subject to CLQA. The Development Services Director has also reviewed the proposed agreement for additional compliance with CLQA and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section. 15061(b) of the State CEQA Guidelines the activity is not subject to CF A. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Pardee's Nakano Property consists of 23.8 acres of uninhabited land located in the City of Chula Vista, east of Interstate 805 and south of the otay Valley Regional Park adjacent to the jurisdictional boundaries of Chula Vista and.San.Diego (See Attachment No. 1 . The property is currently zoned A8 (Agricultural). The purpose of the zone was to provide for appropriate uses for undeveloped land that is rural in nature and not yet ready for urbanization.The zone was intended 1 l Pzige 1 2019-11-12 Agenda Packet, gage 58 of 1 1 a3 to preserve agricultural land that may be suited for eventual development as urban uses. It was also applied to encourage proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development would occur. While the Nakano property is located in Chula Vista's jurisdiction, it is situated adjacent to the City of San Diego's developed Ocean View Hills community. The property does not have direct access to Chula Vista streets and utilities and, if developed, would likely be more efficiently served by the City of San Diego. Future consideration by the San Diego LAFCO of a reorganization that would detach the Nakano Property from Chula Vista and attach it to San Diego is recommended by staff. The future reorganization would entail a sphere of influence boundary adjustment; and resolutions initiating an application with LAFCO to change San Diego's and Chula Vista's sphere of influence boundaries and ultimately detach the Nakano Property from Chula Vista and attach it to San Diego. A joint Exercise of Powers Agreement ( EPA between San Diego, Chula Vista and the County of San Diego was previously executed on January 30�, 1990. This agreement allowed the parties to acquire land for the development of the Otay Valley Regional Park (DVRP . As a result of the JEPA, Chula Vista and San Diego entered into a non-binding Letter of Intent(LOI) to cooperate with each other in developing an Otay Valley Regional Park Reorganization Plan that would propose reorganizing properties in the vicinity of the OVRP, including attaching the Nakano Property to San Diego. On August 5, 2002,San Diego passed Resolution No. R-296937 adopting the LOL On August 6, 2002, Chula Vista passed Resolution No. 2002-285 approving the LOI. A copy of the LOI is on file with the City Clerk as Document No. RR-296937. Three properties were identified as part of the approved LOI, with the expressed purpose of exploring the reorganization of jurisdictional boundaries surrounding the OVRP - Nakano-Davies (Pardee), Ranchero Rios, and West Fairfield. The property owners, and city staffs made several unsuccessful attempts to pursue the annexation of the identified properties but the properties remain today in the same jurisdictions as they did in 2002. Although the LCI eventually expired, Pardee has made multiple attempts over more than 17 years to align efforts with the other property owners and the cities of Chula Vista and San Diego. In fact, in 2017, Pardee once again began exploring the possibility of'annexation but was unable to reach a commitment from the other property owners. Pardee has now requested that the City formally begin work to review their proposed project in conjunction with the City of San Diego, and in the future, to process a Pre-annexation Agreement, and formally enter the LAFCO process. The Council Action requested is for the approval of a Staffing and Reviewing Agreement (Attachment No. 2) that would reimburse the City for staff time to review and process the required project reviews and approvals in conjunction with the City of'San Diego. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of'the City Council members and has found no property holdings within 1,00�O feet oft e boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8),for purposes of the Political Reform Act(Cal. Gov't Code§8710o,etseq.)I. Pzige 2 2019-11-12 Agenda Packet, Page 59 of 113 Staff is not independently aware, and has not been informed by any City Council member,of any other fact that may constitute a basis for a decisionmaker conflict of interest in this matter. CUMENT-YEAR.FISCA1.IMPMT Staff costs to process this agreement are included in the current year budget ONGOING FISCAL IMPAC MY Ongoing costs to review and process future actions will be borne by the project applicant in accordance with the Staffing and Reviewing Agreement. ATTACHMENTS Attachment No. I -Site location Attachment No. 2 -Nakano Project Staffing and Reviewing Agreement Staff Contact:Kelly Broughton, Director, Development Services P zi g e 3 2019-11-12 Agenda Packet, Page 60 of 113 RESOLUTION NO. 2019-XXX RESOLUTION OF THE CITY COUNCIL Ole THE CITY OF CHULA VISTA ADOPTING A PROJECT STAFFING G ANI. REVIEWING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANIS PAISDEE HOMES, A CALIFORNIA CORPORATION WHEREAS, Pardee Homes proposes the development of the Nakano Property (Project) located in the City of Chula Vista; and. WHEREAS, the Project consists of 23.8 acres of uninhabited land located in the City of Chula Nista., east of Interstate 805, and south. of the tay Valley Regional, Pari, adjacent to the jurisdictional boundaries of Chula Vista and.the City of San.Diego (Property); and WHEREAS, the Project, while located in Chula Vista's jurisdiction, is situated within San Diego's Ocean View Hills community, does not have direct access to Chula Vista infrastructure and., if developed, would need to be served by the City of San Diego; and WHEREAS, the City and Pardee acknowledge e that the planning and development of the Property is a complex process. The Parties express their mutual understanding, responsibilities, and intentions in the subject Project Staffing and. Reviewing Agreement (Agreement) concerning the review of the Project Submittals (including, but not limited to, Project applications, California Environmental. Quality Act documents, studies, maps and plans) and performance of Implementation Tasks, all as identified in the Agreement; and WHEREAS, the purpose of the subject agreement is to provide Pardee with. assigned staff to world on the Project based upon Pardee's representation that such staff will be required to review Project Submittals and Implementation Tasks, for the term of the Agreement; and WHEREAS, The director of Development Services has reviewed the Agreement for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a project as defined under Section 15378 of the State CEQAGuidelines; therefore, pursuant to Section 15060(c)(3) of the Mate CE A Guidelines, the activity is not subject to CEQA. The Development Services Director has also reviewed the proposed Agreement for additional compliance with CEQA and has determined that there is no possibility that the activity may have a significant.cant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the Mate CEQA Guidelines the activity is not subj ect to CEQA. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Project Staffing and Reviewing Agreement, a coy of which shall.be Dept on, file in the office of the City Clerk. 2019-11-12 Agenda Packet, gage 61 of 1 1 a3 Resolution No. Page 2 Presented by: Approved as to form by: Kelly Broughton, Glen R. Googins Director of Development Services City Attorney 2019-11-12 Agenda Packet, Page 62 of 113 Attachment No . 1 SITE LIOCATIOIIN City of Chula Vista City of Chul�a Vista L 4 City of San Diego 'M 15, Na ano site City of San Diego Mm NAKANO PROJECT STAFFING AND REVIEWING AGREEMENT This NAKANO PROJECT STAFFING AND REVIEWING AGREEMENT (Agreement), entered into and effective , 2019 (the "Effective Date") by and between the CITY OF CHULA VISTA, a Chartered Municipal Corporation ("City" or "Chula Vista") and Pardee Homes, a California Corporation (Pardee), where City and Pardee may be singularly referred to herein as a"Party" and collectively as "Parties." This Agreement is made and entered into in consideration of the following covenants and conditions: 1. PARTIES TO THE AGREEMENT 1.1. City. The City is a Chartered Municipal Corporation of the State of California. The City's planning area consists of the incorporated area of the City, the existing sphere of influence, and unincorporated areas with a significant planning relationship to the City. 1.2. Pardee Homes. Pardee is a California Corporation. The person executing this Agreement on behalf of Pardee represents and warrants that they are authorized to process Proposed Project Submittals described herein and sign for and bind Pardee described above in accordance with all legal requirements. 1.3. No Third Party Beneficiaries. The only Parties to this Agreement are the City and Pardee. There are no third party beneficiaries, and this Agreement is not intended, and shall not be construed,to benefit or be enforceable by any other person whatsoever. 1.4. Purpose of This Agreement. The purpose of this Agreement is to provide Pardee with assigned staff to work on the Project based upon Pardee's representation that such staff will be required to review Proposed Project Submittals and Implementation Tasks,for the term of this Agreement. 2. PROPERTY and PROPOSED PROJECT SUBMITTALS and IMPLEMENTATION TASKS 2.1. Pardee Property. Pardee"s Nakano Property consists of 23.8 acres of uninhabited land located in Chula Vista, east of Interstate 805 and south of the Otay Valley Regional Park adjacent to the jurisdictional boundaries of Chula Vista and the City of San Diego (San Diego), as depicted in Exhibit "A"("Property"or"Nakano Property") While the Nakano Property is located in Chula Vista's jurisdiction, it is situated within San Diego's Ocean View Hills community. The Property does not have direct access to Chula Vista utilities and, if developed,would need to be served by the City of San Diego. The Parties,therefore,agree to support the San Diego Local Agency Formation Commission (LAFCO) process to consider Page 1 1 q i, r 2019-11-12 Agenda Pack-%ePage 64 of 113 reorganization that would detach the Nakano Property from Chula Vista and attach it to San Diego. The reorganization will entail a sphere of influence boundary adjustment; and resolutions initiating an application with LAF'CO to change San Diego's and Chula Vista's sphere of influence boundaries and ultimately detach the Nakano Property from Chula Vista and attach the Nakano Property to San Diego for a residential development(the"Project"). Through the use of a pre-annexation agreement, Pardee shall process the Project in San Diego, but Chula Vista will have the opportunity to review and provide feedback on materials and submittals. 2.2 Reviewing of Proposed Project Submittals and Performing Implementation Tasks. The City and Pardee acknowledge that the planning and development of the Property is a complex process.The Parties express their mutual understanding,responsibilities,and intentions in this Agreement concerning the review of the Proposed Project Submittals (including, but not limited to, Project applications, California Environmental Quality Act documents,studies, maps and plans) and performance of Implementation Tasks (i.e., the activities required to obtain and/or implement Project review) associated with development of the Property. 2.2.1 The Parties agree to the following roles and obligations regarding the preparation of processing the Project through the California Environmental Quality Act (CEQA) (California Public Resources Code section 21000, et seq.): 2.2.2 Chula Vista shall be a"responsible agency"for the Project as that term is defined in Public Resources Code section 21069,and as used throughout CEQA and the CEQA Guidelines. 2.2.3 San Diego shall be responsible for preparing the environmental document for the Project. As a responsible agency, Chula Vista shall use San Diego's environmental document when reviewing the Project. 2.2.4 Chula Vista desires to review the environmental document prior to a draft document being released for public comment. Pardee will provide Chula Vista with a copy of all rough drafts of the environmental document, including supporting technical studies, prior to the final draft document being prepared for release for public comment. Chula Vista will have the opportunity to provide comments on these rough drafts or portions thereof, which are also commonly known as screen checks. Chula Vista agrees to provide comments, if any, within twenty (20) working days of receipt of the rough drafts. Page 2 2019-11-12 Agenda Pack-%ePage 65 of 113 2.2.5 Approval Schedule. Chula Vista agrees to use their best efforts to comply with the Project and CEQA review cycle turn-around times set forth below: Submittal Target Date Full Submittal of Initial Review Package 30 Working Days Subsequent Submittals 20 Working Days First Screencheck Draft EIR 30 Working Days Subsequent Screencheck Drafts 20 Working Days 2.2.6 The Parties shall cooperate in good faith to diligently pursue the initiation and processing of the applications for the Project, including, without limitation, executing all further and additional documents as shall be reasonable,convenient, necessary or desirable to carry out the intent and provisions of this Agreement. 2.2.7 Submittal requirements, including but not limited to, forms, documents, and plans for all applications for development permits and approvals necessary for the Project, shall be those required by San Diego. 2.2.8 Chula Vista agrees that the San Diego Design Guidelines, the San Diego Guidelines for On-Site Landscaping, and other guidelines as set out in the San Diego Municipal Code shall be the design guidelines applicable to the Project and any off-site public improvements required to be constructed for the Project. The San Diego standards, specifications, regulations, and guidelines will apply to CEQA analysis, signage, stormwater and storm drain systems, fire systems, water systems, grease interceptors, landscaping, hardscaping, and public infrastructure, among others. Chula Vista will review the Project for general design and engineering issues of concern and identify any major inconsistencies in standards being applied by San Diego verses Chula Vista standards for Pardee's use. 2.3 Reimbursement to City. This Agreement is also a means to ensure reimbursement of the City for all costs and expenses it has incurred and will incur in connection with the City retaining Project Staff(defined in Section 5.1, below) and City's direct and overhead costs associated with review of the Proposed Project Submittals and performance of Implementation Tasks. Pardee acknowledges and agrees that rates identified in Exhibit B are estimates only. Pardee further acknowledges and agrees that, notwithstanding the estimated rates identified in Exhibit B, Pardee shall reimburse the City for actual hours worked at the rates applied for said actual hours worked as evidenced by City pursuant to Section 5 herein. Page 3 2019-11-12 Agenda Pack-%ePage 66 of 113 i 2.4 Project. The Proposed project includes Proposed Project Submittals and Implementation Tasks associated with the development the Project. 3 PROPOSED PROJECT SUBMITTALS PROGRAM AND SCOPE 3.1 Review of Proposed Project Submittals. The City will review and comment on the Proposed Project Submittals in accordance with this Agreement, State law, applicable City ordinances, resolutions, regulations and policies. The Parties agree to work cooperatively to promptly identify and resolve issues as they arise throughout the planning, submittal, California Environmental Quality Act (CEQA) analysis, LAFCG review and annexation, and City of San Diego's processing and project approval. 3.2 CEQA Documentation. The Proposed Project Submittals include discretionary actions which may require environmental analysis and documentation pursuant to the requirements of CEQA (Pub. Res. Code, §§2100, et seq.); the CEQA Guidelines (14 Cal. Code Regs, §§15000, et seq.) ("Guidelines"); and the City's Environmental Review Procedures(collectively,the``CEQA Documents"). For purposes of this Agreement, the Proposed Project Submittals include all required CEQA Documents as provided for herein. 3.3 Proposed Project Submittals as Discretionary Actions. Pardee acknowledges and agrees that future decisions by City Staff described in this Agreement are discretionary actions and that the City may not enter into an agreement to obligate the City Council to exercise its discretion in a particular manner or for a particular result. Therefore, this Agreement does not in any way create a contractual, legal, or equitable obligation by the City or the City Council to certify,approve, or make any other judgement upon the Project. 4 PROJECT SCHEDULE 4.1 Project Schedule; Billing Rates. The City agrees to use its reasonable best efforts to review the Proposed Project Submittals and perform Implementation Tasks. Billing rates for Project Staff (as defined in Section 5,below)may be adjusted based on changes in salaries,contracts, and/or the City's full cost recovery rate, which is subject to change based on periodic evaluation of the City's overhead costs. 4.2 Review of Proposed Project Submittals and Performance of Implementation Tasks. The Parties agree to use their reasonable best efforts to review the Proposed Project Submittals and perform Implementation Tasks within applicable timeframes utilized in the industry for review of comparable projects. Page 4 2019-11-12 Agenda Pack-%ePage 67 of 113 5 STAFFING 5.1 Project Staff. The City shall hire and assign professional staff,including,but not limited to, planners, engineers, inspectors, landscape architects, and attorneys (herein referred to collectively as "Project Staff"} for the purposes of reviewing the Proposed Project Submittals and performing Implementation Tasks. Project Staff shall consist of Permanent City Employees, "Temporary Expert Professionals" who are temporary City employees, and "Independent Contactors" who are consultants retained by and working for the City. 5.1.1 Hiring Responsibility. Pardee agrees that the City is solely and exclusively responsible for the hiring or assigning of the Project Staff. Further, Pardee acknowledges that it has no right to select the Project Staff that will be assigned to reviewing the Proposed Project Submittals or performing Implementation Tasks;however the City agrees to consult with Pardee regarding Project Staff assigned to reviewing Proposed Project Submittals and Implementation Tasks. Pardee shall have no involvement in the City's final hiring decision, or the City's employment relationship with the Project Staff. The City shall retain full rights to supervise the work of the Project Staff and to ensure that the Project Staff exercises full and complete independence from Pardee in connection with work performed on the Proposed Project Submittals and Implementation Tasks. The City shall retain full rights to discipline and terminate the Project Staff as the City deems appropriate. 5.1.2 Reassignment. Pardee agrees that the City shall have the absolute discretion to reassign Project Staff to other projects as the City deems necessary and to hire additional Project Staff or terminate Project Staff. Pardee acknowledges its obligations to pay for the time spent to educate original and replacement Project Staff regarding the Proposed Project Submittals and Implementation Tasks. The City shall endeavor to keep such reassignments to a minimum, and shall notify Pardee in advance, when possible,of such reassignments. 5.1.3 Access to Staff. Notwithstanding Section 5.1.1 above, the City shall take all steps necessary to ensure that Pardee has regular and continuous access to the Project Staff by and through the City Staff during the review of the Proposed Project Submittals and performance of Implementation Tasks. To implement this provision, the Project Staff may schedule regular meetings with Pardee and others (including City Staff) to facilitate the review of the Proposed Project Submittals and performing Implementation Tasks. 5.2 Monitor and Control of Costs. The City shall monitor and control the costs incurred by the Project Staff with respect to the review of the Proposed Project Submittals and performing Implementation Tasks, so that unnecessary staff costs and time delays can be avoided. The City shall maintain time and billing records of the time spent by the Project Staff. The City will include such records in monthly billing statements to Pardee Page 5 2019-11-12 Agenda Pack-et Page 68 of 113 6 COSTS AND PAYMENT 6.1 Deposit. Pardee shall place a deposit with the City in the amount of twenty two thousand five hundred sixty three($22,563.00) (the "Deposit")from which the City may withdraw, pursuant to the terms of this Agreement, the amount owed to the City by Pardee for reviewing the Proposed Project Submittals and performing Implementation Tasks, excluding Building Permits and other flat-fee permits as specified in the City's current Master Fee Schedule. The amount of the Deposit is an estimated two(2) months of compensation required for the Project Staff to review the Proposed Project Submittals and perform the Implementation Tasks. Pardee shall maintain and continue to replenish said Deposit with the City during the term of this Agreement in the manner specified in Section 6.5, herein. Upon the termination of this Agreement, if any portion of the Deposit remains, the City shall return the Deposit balance to Pardee without interest thereon. In no event shall the account be allowed to have less than thirty (30) days of compensation. Pardee agrees that the City may use the Deposit to pay the City any amounts due the City pursuant to the terms of this Agreement. 6.2 Payment for Project Staff. Pardee shall pay the City for the time incurred by the Project Staff, at current billing rates, for reviewing the Proposed Project Submittals and performing Implementation Tasks, including expenses and all of the City's direct and overhead costs related hereto. The billing rates for the Project Staff are subject to change from time to time based on staff assignments, salaries, benefits, and/or changes to the City's Cost Allocation Plan. The City shall notify Pardee in advance of such changes. All consultants who perform work on the Project shall be paid by Pardee in accordance with said consultants' contracts. 6.3 Deposit Withdrawal. At the end of each month, the City shall determine the amount owed by Pardee for the time and costs incurred by the Project Staff for work on the Proposed Project Submittals and Implementation Tasks for that month. Within thirty (30) days thereafter, the City shall withdraw from the Deposit said amount due to the City and shall send Pardee a billing statement that shows the time and costs incurred by the Project Staff and the amount withdrawn from the Deposit. 6.4 Billing Statements. Each monthly billing statement shall identify the services performed, the time spent on each task, the specific costs incurred, the amount withdrawn from the Deposit,and the Deposit balance. 6.5 Replenish Deposit. Pardee shall replenish the Deposit within thirty (30) days of being notified by the City that the deposit has decreased to half of the total amount of the initial Deposit set forth in Section 6.1. 6.6 Disputes. In the event Pardee has a dispute with the City over the billing, Pardee shall notify the City in writing within thirty(30)calendar days of receipt of such billing statement(s)describing Page 6 2019-11-12 Agenda Pack-et Page 69 of 113 f Pardee's objections to such monthly billing statements). The City shall have ten (10) business days to make a determination on Pardees objections, and if the amount withdrawn from the Deposit for any given month is determined to be incorrect, the City shall deposit the amount owed to Pardee into the Deposit within thirty(30)calendar days of such determination. 6.7 Suspended Review. The City shall have the right to suspend review of the Proposed Project Submittals and performing Implementation Tasks in the event Pardee fails to maintain the Deposit as specified in this Agreement. The City shall also have the right to declare a Cessation of Work should Pardee's Deposit accounts contain less than thirty (30) calendar days of estimated compensation needed for review. The City shall notify Pardee prior to suspending processing or declaring a Cessation of Work and Pardee shall have ten (10) business days to cure the deficient Deposit prior to any suspension of processing. 6.8 Staffing and Reviewing/Performance Reviews. During the term of this Agreement, Pardee may request one or more meetings with the City to review the efficiency and productivity of Project Staff. Such meeting shall occur promptly after requested by Pardee. 7 TERM OF AGREEMENT AND TERMINATION RIGHTS 7.1 Term. This Agreement shall become effective on the Effective Date and, unless earlier terminated pursuant to the terms of this Agreement, shall continue in effect until the review of the Proposed Project Submittals and performing Implementation Tasks have been completed. 7.2 City's Right to Terminate. Notwithstanding the term of this Agreement as provided in Section 7.1,the City shall have the unilateral right to terminate this Agreement for any reason upon thirty (30) calendar days written notice to Pardee provided,however, should the City terminate this Agreement pursuant to this section,Pardee shall not be obligated to pay the amounts required by Section 7.3 below. 7.3 Cessation of Work. Pardee understands that the City has relied on its representation that Pardee intends to continue to process its Proposed Project in San Diego and requires Chula Vista's performance of Implementation Tasks for the term of this Agreement and as a result of this representation, the City will assign specific City employees, hire new City employees and enter into employment contracts with Temporary Expert Professionals to work on the review of such Proposed Project Submittals and performance of Implementation Tasks. In the event the review of the Proposed Project Submittals or performance of Implementation Tasks is suspended or stopped for any reason, except as provided by Section 7.2, such that work is not required by the Project Staff (Cessation of Work), Pardee agrees that the City may terminate this Agreement and, subject to Section 7.3.1, Pardee shall pay for the Project Staff, at the rates set forth on Exhibit B, Dedicated Staff Chart, for a period of sixty (60) calendar days, commencing after the City has received written notice, as set forth in Section Page 7 2019-11-12 Agenda Pack-%ePage 70 of 113 f 7.3.1, from Pardee of such Cessation of Work, or from the date the City has determined that a Cessation of Work has occurred,as described in Section 7.3.2. 7.3.1 Written Notification. Pardee shall provide immediate written notification to the City if Cessation of Work on the Proposed Project Submittals and Implementation Tasks is about to occur. Upon receipt of said notice, the City shall make a good faith effort to reassign the Project Staff to other cost recoverable work. Pardee shall not pay that portion of the Project Staff's time that is assigned to other cost recoverable work. Notwithstanding any provision of this Agreement, Pardee understands and agrees that the City shall have sole discretion in the reassignment of Project Staff. 7.3.2 No Notice. In the instance said written notification is not provided, Pardee shall pay the Project Staff costs commencing from the date the City has determined in good faith that a Cessation of Work has occurred. The City shall notify Pardee in writing of the City's determination and the reasons for such determination. 7.4 Default. Pardee agrees that a default under this Agreement shall be deemed to have occurred in the event that the number of hours billed for work on the Proposed Project Approvals and Implementation Tasks in any given quarter is less than the minimum amounts set forth on Exhibit B. City agrees to make a good faith effort to reassign the Project Staff to other cost recoverable work should there be a decrease of hours required of the Project Staff in processing the Proposed Project Approvals and performing Implementation Tasks during anygiven quarter. Upon the occurrence of this default by Pardee, the City may terminate this Agreement after providing Pardee with thirty (30) calendar days written notice specifying the alleged default and the cure for such default. The City shall not be obligated to work on the Proposed Project Approvals or perform Implementation Tasks during this thirty-day(30) period. The cure for said default shall be the payment by Pardee of the difference between the number of hours billed by Project Staff in a quarter, and the number of hours shown on Exhibit B, less any hours billed by Project Staff on other cost recoverable work during the same quarter. Pardee may authorize the City to withdraw such amounts necessary to cure the default from the Deposit. After proper notice and expiration of the thirty-day(30) cure period without cure, this Agreement may be terminated by the City. Upon such termination, the City shall return any remaining balance of the Deposit, without interest, after deducting amounts owed the City for those services performed by the City. 7.5 obligations Upon Termination. Upon termination of this Agreement, no party shall have any further right or obligation under the Agreement, except with respect to any obligations to have been performed prior to the termination, or with respect to any default in the performance of the provisions of this Agreement which occurred prior to termination. Page S 2019-11-12 Agenda Pack-%ePage 71 of 113 ■ 8 OTHER PROVISIONS 8.1 Integrated Agreement. This Agreement constitutes the final agreement between the Parties and supersedes all prior oral or written negotiations, discussions, communications, promises, covenants, understandings, or representations between the City and Pardee regarding the subject of this Agreement. Notwithstanding the foregoing, the Parties acknowledge that the provisions of any other written mutual agreements shall remain in full force and effect. 8.2 Modifications and Amendments to be in Writing. This Agreement may not be modified or amended except by a writing duly executed by both Parties to this Agreement. 8.3 Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person(by hand delivery or professional messenger service)to either Party or may be sent by registered or certified mail, with postage prepaid, return receipt requested, or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service guaranteeing overnight delivery,charges prepaid, and addressed as follows: To the City of Chula Vista: Kelly Broughton Director of Development Services City of Chula Vista 276 Fourth Avenue Chula Vista,CA 91910 With a copy to: Glen Googins City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista,CA 91910 To Pardee: Jimmy Ayala Division President Pardee Homes 13400 Sabre Springs Parkway, Suite 200 San Diego,CA 92128 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed with postage prepaid. Notices delivered overnight service shall be deemed to have been given twenty-four (24)hours after delivery of the same, charges prepaid, to the U.S. Postal Service or private courier. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. Any Party may change its address for purposes of this paragraph by written giving notice to the other Party as provided herein. Page 9 2019-11-12 Agenda Pack-%ePage 72 of 113 8.4 No Waiver of Any Default. No waiver of any default by any Party to this Agreement shall be implied from any omission by any other Party to take any action in respect of such default. No such waiver shall be effective unless expressly evidenced by a writing duly executed by the Party waiving the default. No waiver of any default shall be deemed to be a waiver of any other or subsequent default. 8.5 Attorneys' Fees. In any action or proceeding arising under this Agreement or to enforce the provisions of this Agreement,each of the Parties shall bear its own attorneys' fees and costs. 8.6 No Reliance. The Parties represent and warrant that they have read this Agreement in its entirety and fully understand the same, that they have had an opportunity to consult legal counsel, and that they are relying solely upon their own judgment and/or the advice of their own legal counsel in entering into this Agreement,and that no promise, inducement,representation or agreement not contained herein has been made to them by any person. This Agreement shall not be construed as if it had been prepared by only one Party,but rather as if all Parties have prepared the same. 8.7 Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable,the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the nature and purpose of this Agreement. 8.8 Interpretation and Governing Law. 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 under it, shall be the City of Chula Vista. 8.9 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), governmental regulations beyond the City's reasonable control, court actions (such as restraining orders or injunctions), or other causes beyond the Party's reasonable control. If any such event shall occur or should delays be caused by Pardee failing to submit plans or other documents in a timely manner that causes a delay in the City's reviewing of the Proposed Project Submittals, or requests further changes or amendments to the Project,the term of this Agreement and the time for performance shall be extended for the duration of such event. 8.10 Hold Harmless and Indemnity. To the maximum extent allowed by law, Pardee shall indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability,loss,damage or injury,in law or equity,to property or persons, Page to 2019-11-12 Agenda Pack-et Page 73 of 113 including wrongful death, in any manner arising out of the City's actions in exercising any discretion to this Agreement 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 and/or other proceedings arising from the sole negligence or sole willful misconduct of the City, its officers or employees in defending against such claims, whether the same proceed to judgment or not. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from,connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant,its employees, agents or officers,or any third party. 8.11 Defense. Pardee shall, at its own expense, defend the City, its elected and appointed officers and employees, from and against any claims, sults, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense(including without limitation attorneys' fees), subject to the limitations in Section 8.10. Pardee shall pay and satisfy any judgement, award, or decree that may be rendered against City or its elected and appointed officers and employees, for any and all related legal expenses incurred by each of them. Pardee's indemnification of the City shall not be limited by any prior or subsequent declaration by Pardee. At its sole discretion, the City may participate in the defense of any such action, but such participation shall not relieve Pardee of any obligation imposed by this Agreement. 8.12 Agreement Extended in Counterparts. This Agreement may be executed in counterparts,all of which shall constitute a single Agreement. 8.13 Agreement Binding Upon Successors, This Agreement shall be binding upon and inure to the benefit of the successors in interest and assigns of the Parties as to any or all of the Property until released by the mutual consent of the Parties. 8.14 Exhibits. All exhibits attached hereto and referenced herein are incorporated as a part of this Agreement. (End of page. Next page is signature page.) Page 11 2019-11-12 Agenda Pack-%ePage 74 of 113 SIGNATURE PAGE TO PROJECT STAFFING AND REVIEWING AGREEMENT IN WITNESS WHEREOF, City and Pardee have executed this Agreement as of the Effective Date,indicating that they have read and understood the same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA By: Gary Halbert,City Manager Attest: Kerry K.Bigelow,City Clerk Approved as to form: Glen R. Googins,City Attorney P E HOMES JW B . Jimmy Ayala* Division Preside/t *Signatory to pros?isle corporate authorization for signing. EXHIBITS TO AGREEEMENT Exhibit A: Property Exhibit B: Dedicated Staff Chart J:\Attorney\MichaelSh'.Nakano\Agreements\Agrmt-ProjStf&CostRecovery-10.1.19-DCADmft.docx Page 12 2019-11-12 Agenda Pack-%ePage 75 of 113 s � f �•�x+aav-� .. -. ��_ - �'� t h. .F� ,,,,,..+�". �x•�_�'s- •h- j g: F d�.. - .o- �e L �-•e`er+` j�a t f • 1 F r '�- .sew Y°�' �`? � �'.n �.��.•.�i� ��,�A�,}, �' ..a r,. -. ....�;.,,..,,i.�.."Yk'' � .mow..-.....-. •�' .....v-� :+.�:y... � .i,, -�....... ._y;___-_ _ .... �-�},.�.•v 3•r°�+Sw�i�zz>.J.,a,. ..i..._N...�._.:..,... -.x,5._-,�-•e•w:r _.- .a�r�sa`• ► ! i r• s; � uF• - «� �•a. ix.Yi-;W."` . KRj 4 Ym �e. y�' S7r. ft3- .d ; F ,r•. - , - sem '. S.: rk IG 70 I win A 4W t 3 1 • i..M..-e.-r -+'- qc� k-�'. :j 'i�% ��a'r13r �'M1 4 �� ,b'• -La �*F y� d•h�71W t � t !-s�•��. 00 �x:�F.-�,�M .•frq•.' .. - :_ d _ k-m .,g. ,a y' a.y"?+ 4�'.A7�•w-.sn `.,'e Aye.I"f n a`c't q i y .. •Ae y _ �'- � �w� �ec �-f.: �0:.c 1 4']�..�� - •� ,.'.:.ate.-9e,e..,p^.r.••t--.gsry4.rews...o. „u.n' 4'.t,..-+�•.�4'^.^^- .. 4 _� :'. ��'�F.y � e. �_„ � T.r i. .._ A-• :•.Peo,s. .�i�w._'w.bsx4.....-..lj9tp ylw.so�.,R..ca_.-.:.a.��^i... ...� I � � M EXHIBIT B DEDICATED STAFF CHART Hours per Classification Week Hourly Monthly Assigned to Rate Estimate Project Senior Planner 4 $226.95 $ 31631 Associate Planner 6 $ 189.23 $ 41542 Senior Civil Engineer 4 $ 183.60 $ 2,938 Associate Engineer 6 $ 172.86 $ 41149 Development Services Tech III 1 $ 190.14 $ 761 Landscape Architect 3 $ 162.04 $ 11944 Transportation Engineer 2 $ 151.48 $ 11212 Fire Prevention Engineer/Investigator 2 $ 195.42 $ 11563 Deputy City Attorney 2 $228.01 $ 11824 TOTAL $ 220563 Page 14 2019-11-12 Agenda Pack-%-,'L- Page 77 of 113 SITE LOCATION NOW= City of Chula Vis-La City of Ch 'If W1112r5ii 10, 7r, Lull, Fj"J r.0%,0 ity of San uie,"vo Nakano Site Wxw City of San Diego f I T 1 L spun" is m"MENT A Aow"* Ea' ww"vf& 0 1A io, Tt /A(j N uA :5 b CITY OF C H'U LA V I STA November 12, 2019 File ITS: 19-0448 'TITLE ITL A. ORDINANCE OF 'THE CITE' OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE TO ADOPT THE CALIFORNIA BUILDING COIL, 2019EDI"T"ION (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL COOT TO ADOPT' THE CALIFORNIA RESIDENTIAL CODE, 20,19 EDITION (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL COOS TO ADOPT' THE CALIFORNIA REFERENCED STANDARDS COOT, 2019 EDITION (FIRST READING), D. ORDINANCE OF 'THE CITE' OF CHULA V'IST'A AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL COOT TO ADOPT THE CALIFORNIA GREEN BUILDING STANDARDS COOT, 201' EDITION (FIRST READING L. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL COOL 'TO ADOPT THE CALIFORNIA EXISTING BUILDING CODE, 2019 EDI"T"ION (F"IRS"T READING ' F. ORDINANCE OF 'THE CITE' OF CHULA V'IST'A AMENDING CHAPTER 15.161 OF THE CHULA VISTA MUNICIPAL COLE TO ADOPT THE CALIFORNIA MECHANICAL COVE, 2019 EDITION (F"IRS"T READING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL COLE TO ADOPT" THE CALIFORNIA ELECTRICAL CODE, 20,19 EDITION (FIRST READING) H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.261 OF THE CHULA VISTA MUNICIPAL COVE TO ADOPT THE CALIFORNIA ENERGY CODE, 2019 EDITION (FIRST'READING) I. ORDINANCE OF 'SHE CITY OF CHULA V'IST'A AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL COOT TO ADOPT THE CALIFORNIA PLUMBING COVE, 2019 EDITION (FIRST'READING) 1 l Page 1 2019-11-12 Agenda Packet, gage 79 of 1 1 3 J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE TO ADOPT THE CALIFORNIA FIRE CODE, 2019 EDITION (FIRST'READING) RECOMMEND EDACTION Council place the ordinances on first reading. SUMMARY The California Building Standards Commission has mandated that jurisdictions within the State start enforcing the 2019 Editions of the California building codes on January 1, 2020. The adoption of California building codes is a routine action undertaken by the City in response to State adopted building codes. This action allows the City to incorporate appropriate local amendments into the enforcement program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines. Notwithstanding the foregoing,the Director of Development Services has also determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Board of Appeals and Advisors at their Monday, October 14, 2019 meeting unanimously recommended adoption of the various 2019 Editions of the California building codes. DISCUSSION As mandated by the California Building Standards Commission (CBSC), jurisdictions within the State shall begin enforcing the 2019 Editions of the California building codes on January 1,2020. Every three years.,the State adopts and amends the newest model codes published by the various independent code-developing bodies. New State building codes take effect one-hundred and eighty(1.80) days after they are published to allow local jurisdictions time to adopt local amendments to the State building codes before they take effect. Local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological or topographical conditions. Local amendments are not effective until the amendments have been filed with the CBSC. Most of the proposed local amendments currently exist in our Municipal Code,as amendments to the current building codes adopted by the City and are being proposed for re-adoption as the City adopts the 2019 codes. The 2019 California codes are updated editions to the current codes that are enforced locally and throughout the state and therefore it should not be difficult for staff and the industry to incorporate into their current practices. The following are brief discussions on the various ordinances adopting the 2019 building codes: Pa g e 2 2019-11-12 Agenda Packet, Page 8,0 of 113 Proposed Ordinance "A" - 2019 California BuildingCode The proposed ordinance adopts the 2019 California Building Code and proposes the re-adoption of existing local amendments,to the current Building Code adopted by the City. Proposed Ordinance "B" -2019 California Residential Code The proposed ordinance adopts the 2019 California Residential Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "C" - 2019 California Referenced Standards Code The proposed ordinance adopts the 2019 California Referenced Standards Code. Staff is not proposing any local amendments,to the code. Proposed Ordinance "D" - 2019 California Green Building Standards Code The proposed ordinance adopts the 2019 California Green Building Standards Code and proposes the re- adoption of existing local amendments to the current Green Building Standards Code adopted by the City. Proposed Ordinance "E" - 2019 California Existing Building Code The proposed ordinance adopts the 2019 California Existing Building Code. Staff is not proposing any local amendments to the code. Proposed Ordinance T" - 2019 California Mechanical Code The proposed ordinance adopts the 2019 California Mechanical Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "G" -2019 California Electrical Code The proposed ordinance adopts the 2019 California Electrical Code and proposes the re-adoption of'existing local amendments tothe current Electrical Code adopted by the City except 15-24.065, Photovoltaic Pre- wiring Requirements. 'The reason for proposing not to re-adopt 15-24.065 is that the pre-wiring that has been installed because of 15.24.065 has seldomly been used by Photovoltaic (P,V)installers.PV installers are reluctant to use conduits installed by others due to unknown workmanship and concern of liability. In addition, the 2019 Energy Code compels new residential developments to install PV systems on new residential homes, and requires new homes to be solar-ready. The requirements of 15.24.065 have not facilitated the installation of PV,and therefore; staff sees no benefit in continuing to require it. Proposed Ordinance "H" - 2019 California Ener,gy ode The proposed ordinance adopts the 2019 California Energy Code and proposes,the re-adoption of'15.2,6,.020, Outdoor lighting zones. Section 15.26.030, Reduced power allowance for specific outdoor lighting applications, is not proposed for re-adoption because the reduced allowances in 15.26.030 are in the 2019 California Energy Code and therefore; there is no need for the amendment. Proposed Ordinance "I" - 2019 California Plumbing Code The proposed ordinance adopts the 2019 California Plumbing Code and proposes the re-adoption of 15-28.020,Residential Graywater Stub-out.Staff proposes to not re-adopt 15-28.015,Solar Water Heater Pre- Pzige 13 2019-11-12 Agenda Packet, Page 8,1 of 113 plumbing. The reason for not re-adopting 15.2,8.015 is that,despite State incentives,homeowners have not shown interest in installing Solar Hot Water Heaters (SHWH)..Based on our tracking system,since 2010,only five (5) residential systems were installed. In addition,similar to pre-wiring for photovoltaic,installers are reluctant to use conduits installed by others due to unknown workmanship and concern of liability. The requirements of 15.28.015 have not facilitated the installation of SHWH systems,and therefore-staff sees no benefit in continuing to require it. Proposed Ordinance "I" - 2019 California Fire Code The proposed ordinance adopts the 2019 California Fire Code and proposes the re-adoption of existing local amendments, with minor adjustments,to the current Fire Code adopted by the City. Additionally, two new amendments under 15.36.06,0 and 15,.36.06,5 have been added to adjust the location of standpipe hose connections and to memorialize vegetation clearances,respectively. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings ofthe City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR.FISCAL IMPACT There are no increases in fees proposed in this adoption. The cost of new code books and related training is included in the current year's budget.Building permit fees may need to be adjusted to recover the cost of any additional staff time associated with plan review and inspection. Any additional staff time will be accounted for in updates to building permit fees. ONGOING FISCAIIMPACT No ongoing fiscal impact. Any additional building permit review and inspection time associated with implementing these ordinances will be funded through updated building permit fees. A'TTAC'HMEN'TS 1. Board of Appeals and Advisors October 14, 2019 Meeting Minutes. Staff Contact:Lou El-Khazen, Building Official, Development Services P zi g e 4 2019-11-12 Agenda Packet, Page 8,2 of 113 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.08 That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.08 BUILDING CODE Sections: 15.08.010 California Building Code,2016 2019 Edition, adopted by reference. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. 15.08.010 California Building Code,2016 2019 Edition,adopted by reference. There is hereby adopted by reference the California Building Code, 2016 2019 Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix C and Appendix 1, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council, and the California Building Standards Commission. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. Exception 7 is hereby added to Subsection 705.11 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Exception 7. Conversion of existing Group R occupancies to offices. 15.08.030 Subsection 1510.6.4 is added to Section 1510.6 to require equipment enclosures on roofs. Ordinance No. Page 2 Subsection 1510.6.4 is hereby added to Section 1510.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 1510.6.4 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, and private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that adding section 15.08.020 and 15.08.030 to Chapter 15.08 is necessary due to local topographical conditions. As a result of the geographical layout of the City the City Council deems it aesthetically important to shield roof equipment enclosures from public view. Also, exempting conversion of existing Group R occupancies to offices from Subsection 705.11 of the California Building Code is an important historical exemption contained in the City Code from years past and the City Council deems this exemption necessary to preserve local topographical conditions. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date 1J Ordinance No. Page 3 This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.09 That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.09 RESIDENTIAL CODE Sections: 15.09.010 California Residential Code,2016 2019 Edition,adopted by reference. 15.09.010 California Residential Code,201662019 Edition, adopted by reference. There is hereby adopted by reference the California Residential Code, 2016 2019 Edition,known as the California Code of Regulations, Title 24 part 2.5, including Appendix HJQ, S, V. and X, and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the residential code of the City of Chula Vista for regulating the construction, alteration, movement, enlargement, replacement,repair, equipment,use and occupancy, location,maintenance, removal and demolition of every detached one-and two-family dwelling,townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto throughout the City, excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. (Ord.3384§ 1,2016; Ord.3285 § 1,2013;Ord.3169 § 1,2010) Section 11. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Ordinance No. 1j Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.10 That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 2016 2019 Edition, adopted by reference. 15.10.010 California Referenced Standards Code, 2016 2019 Edition, adopted by reference. There is hereby adopted by reference the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 2016-2019 Edition, exeluding Chapter- 12 1 Administfation of that deeufnepA, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the referenced standards code of the City of Chula Vista, exeluding Chapter 12 1, for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, certain equipment, use and occupancy, location and maintenance of all buildings and structures within the City of Chula Vista. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section 11. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance No. Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney C:\Users\shereek\AppData\Roaming\L5\Temp\78dcflbl-97e9-4970-a04e-3806882 M5.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.12 That Chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.12 Green Building Standards Sections: Section 15.12.001 California Green Building Standards Code, 'n�2019 Edition, adopted by reference Section 15.12.005 California Green Building Standards Code Subsection 102.4 Section 15.12.001 California Green Building Standards Code, 2016-2019 Edition, adopted by reference There is hereby adopted by reference the California Green Building Standards Code, 2016 2019 Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the green building Code of the City of Chula Vista for enhancing the design and construction of buildings, building additions and alterations through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section 15.12.005 California Green Building Standards Code Subsection 102.4 Subsection 102.4 is hereby added to Section 102 of the California Green Building Standards Code, as it applies in Chula Vista, and shall read as follows: 102.4 Consultant Services. The Building Official may require the applicant to retain the services of a consultant having expertise in Green Building and/or energy efficiency techniques to review and evaluate complex systems and/or alternate methods or materials of construction and provide recommendations as to compliance with the requirements of this code. The cost of such consultant shall be paid by the applicant. Ordinance No. Page 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication , The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Added Chapter 15.14 That Chapter 15.14 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 15.14 EXISTING BUILDING CODE Sections: 15.16.010 California Existing Building Code, 2016 Edition, adopted by reference. 15.16.010 California Existing Building Code, 2016 2019 Edition, adopted by reference. There is hereby adopted by reference the California Existing Building Code, 22019 Edition, known as the California Code of Regulations, Title 24, Part 10, including Appendix Al, A2, A3, A4, and A6A5, and excluding Chapter 1, Division 11 thereof, as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the existing building code of the City of Chula Vista, providing for and regulating the repair, alteration, change of occupancy, addition to and relocation of existing buildings within the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction Ordinance No. Page 2 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton,FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.16 That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 California Mechanical Code, 2n�2019 Edition, adopted by reference. 15.16.010 California Mechanical Code 2016 2019 Edition adopted by reference. There is hereby adopted by reference the California Mechanical Code, 2016 2019 Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix B and C, and excluding Chapter 1, Division II thereof, as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the mechanical code of the City of Chula Vista, providing for and regulating the complete installation and maintenance of heating, ventilation, cooling and refrigeration systems within the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction Ordinance No. Page 2 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after fmal passage but not before January 1, 2020. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney C:\Users\shereek\AppData\Roaming\L5\Temp\19c00164-f3c0-40c 1-9361-fdda 18915658.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.24 That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2016 2019 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels—Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences—Defined—Prohibited. 15.24.060 Phase arrangement—Amended. i c 24 065 P . . „ltai.We wifing Ao—off 15.24.010 California Electrical Code, 2016 Edition,adopted by reference. There is hereby adopted by reference the California Electrical Code, 2016 2019 Edition, known as the California Code of Regulations Title 24,Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 15.24.045 Distribution panels—Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, Ordinance No. Page 2 motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences—Defined—Prohibited. A. As used herein, the term"electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B.No electric fence may be constructed,maintained or operated within the City. 15.24.060 Phase arrangement—Amended. Section 408.3(E)(1) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. Alternating-current phase arrangement on 3-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The B-C phase shall be that phase having the higher voltage to ground on 3-phase, 4-wire, delta-connected systems. Other busbar arrangements shall may be permitted for additions to existing installations and shall be marked. 15 24 065 Photovoltaie We wiring Requirements-. .�, All new residential units shall inelude eleetfieal eanduit speeifieally designed to allow the latef installation of a phatevoltaie (PNI) system whieh utilizes solar-energy as a means to pr-ovide eleetfieity- No bttildi_ 11 be issued unless the r-e f this seetion and the Chula Vista Phetoveltaie Pr-e Wir-ing histallation Requirements afe inearpor-ated into th-e The pr-ovisions of this ehapter- ean be modified or- waived when it ean be satisfaetorily shading, buildingnrio . Iinn� +�rnn t +' + fi C +' ft pafeel. � Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2019 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.24.065 to Chapter 15.24 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation Ordinance No. Page 3 of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton,FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.26 That Chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code, 2016 Edition,adopted by reference. 15.26.020 Outdoor lighting zones. 15.26.010 California Energy Code,2016 2019 Edition, adopted by reference. The City of Chula Vista adopts,by reference,that certain document known as the California Energy Code, 2016 2019 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as copyrighted by, and as may be amended from time to time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.26.020 Outdoor lighting zones. Pursuant to Section 10-114(c) of the California Code of Regulations,Title 24, Part 1,the city has adopted an outdoor lighting zones map amending state default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file with the City P4aaaing and Building-Development Services Department. 15.26.030 Redueed power-allowanees for- speeifie-outdoe. lighting appliefttions. builder-s and developefs of newly eenstfueted and existing eeffflnefeial buildings to t - * of the 2016 Calif - a u•ia;r FEne„g Fffieiene _ _ __ _ g. F�1y D 1 * T•+r 7A 11)--t r i ory, +n a b gas emissionsf efier-gy usage. R Req ir-em lntr Table 1 101 7 D f the nn1 6 1 Ef ,1 ,l zBuilding a St amended by fflo Hifi=t}*3e following r--` s below the header--towed as follows. Th-e femaindef of Table 140.7 B is tinehanged, Table 140.7 B.2Additional Lighting Power-Allowanees for-Speeifie Applieations Zone 0 Zone 1 Zone 2 Zone 3 Zone 4 WATTAGE ALLOWANCE t OW A NCE PE APPLICATION. Use all that apply a V 1 appropriate. Building Entranees or Not 9 watts 15 waffs 19 watts 21 watts Exits. �A 11 e of do liege Exits. U11L r , 1I1U�� .,1;f<ifi. fe f L this allowance shall be ,;thin 20 foot of the.1..o nfim Ent . ees to � � 4A watts �a�s 69 wa#s Senior Care I I ,.., iapplieable Poliee Stations, Fire f uI I f-iI le aeeess fee the goner-a!publie and shall fia4 be used o ells vel. f stag 0 0 personnel. This .,ll,,..,.,nee shall be in addition to the D exit allowanee above. this „ll,,,.,.nee shall be Lighting Lighting LightingLightin Zone I Zone 2 Zone 3 Zone d within 1-0-0 rot of the �f4f-aflee. Drive N(A 16 wa4s 30 wat4s 50 wat4s 75 vva4s Windows. All,,,,,.nee pef� applieable Lumiftaifes qualifying f r this allowanee shall b Within 7 mounting heights f the sill of the window. Vehi le c,,,..lee Station Not 1 4-7-5 4$S 12�0-v`vit cs Dispenser. Allowanee per fuel:,.,.dispenser, a htffninaif es qualifying for this .,ll,,..,anee shall b Within 2 Mounting heights of the disponrLighting. Allowanee pe appliea� 1, additional ATM., e inn ATM T, qual i f�,:.,g for this 11owanee shall b within 50 feet of the dispenser, WATTAGE ALLOWANCE L OW A NCE P D UNIT LENGTH GTH (wAinear-f4).May be used&F one or-two f+ontage side(s) per site. Outdoor Sates 44 4-9 2-5 rfrentage inffnediate:j LightingLighting Zone 8 Zone 1 Zone 2 ire 3 Zone 4 adjaee.at to the prineipal R R .leear;e.,ls\ n.,al �a tin ehst.-„ ete,l for-its viewing 10 ,th A .,a eofne ales lot may ela.alet,a.e adjaeu e.ar sides p ;ale,l that uul w a different pr-pal viewing 1, at'e sts f; of qualifying fe..this a11eYY.a.aee shall he leeateal b4ween the a1 viewing leeatio and rhe ffe toge to ale WATTAGE ALLOWANCE PER 14ARDSC-APE AREA (MWW). May be used for-any illufainated har-dseape area e the site. 14ar-dseape Ornamental N64 NO 4702 4,94 0.06 � a�iz h t; n 11, e f^ ap e n 11zA44W Wx W- �ars ” rnv�nicc the total site illuminated h -.l s T, qtialif�'iflg for-this allow nee shall he rated fe 100 warts er-lens as deteY Y i eal : ala.aee with cVee.a et; l 3n n(al)) and with U shall he pest re.. 1, 1af4e n) n) Pendant l.a.Vai„n.. e WATTAGE ALLOWANCE PER SPECIFIC A AREA (MlIfelse are ,l a that ffefle f the � Use aYY�eY� LightingLightill Zone 8 Zone Zone 2 Zone Zone 4 F it s-peei fie . ,.1;,,.,tions shall he used F the same area. Building N64 N6 MOO 0.i 78 0.225 afeas £building£aeade applieable Allowanee WW 2 WSW that .Fe;ll,,,v,;.,.,te.l shall qualify for-this allowafleet T, .,1'£,,;.,,. fof e a this .,ll,,,, anee shall he aimed .,t the f,,.,,le an shall he pable of ;il„ .,ting;t .;the„t hstfuetio o .,ter f e,,,,e by permane.,t building f at„ of the .,h' eta 9atdeeF Sales Neo 8 W 4,24 42-9 0.495 Lots. A 11,,,,,anee fe awe �z�? WAWtineove ,.e,l sales lots, eeixel 1„s;,,ely Fe--the display ofyeh;,,les O ,.the 71 veways, ,-L rt lots of thef no sales areas shall he si e-e,l h.,,-,1s,.ape afeas even if these areas ,les 1„t o, .,11 sides. Luminaires ..,1;F.;,,e a this .,11.,,,,.,«„e shall he Within G fnot„t;.,..heights £the sales lot . Vehiele Ser-viee Station Not 0.006 0.069 0438 0.200 L Lighting Appliefition Lighting Lightin Lightin Lighting Lig Zone 8 Zone I bene 2 Zone 3 Zoite 4 Ha-lydseape.Allawanee applieable 44W WW wA€t2 � the total illuminate t ]ten,-dse arealess afe x of buildings,".,de f a eanopies > off prepei4y, or- ohstf:uet„d h,. st ,.t T , qualifying fe f this .,ll.,,,..nee shall be illuminating the h.,-dse ape xaxuauxxxus area ,.,d shall not be , .:th:., u building,below a eanop"-, f ObStfUeted h, Other-Stfuet,,.-o Vehiele c,....iee Station Ne4 0.228 8:438 8-589 }-8i9 r.,.,,.pies. A 11,,,, anee applie-able W�ft' Axl- 2 W- the total afea :thiH tho dr-ip line of the, T,uxx .,l:f: infor x.. uixu'� ga, this .,lio,,,an shall h ,. 1e ted , .,def the, x Sales Canopies.Allawa Not NO 0.655 0.909 1.435 f^ the total , e :thin tho applieable Arxvacnee WW 7YCWw d..:p line of'the iuix 7 , iva~e ., inag l:f: fe this .,lla,.,,nee shall be ,,e 1ted under-the xv Non sales Canopies and Y"r'Vt 0.057 tlYTt 4.117 0.3W7 t Tunnels. A il..,,,.,nee fe tapplieable �i�V WAW Wx W- line of'the �kd �1YYt Lighting Applieation Lighting Lightin Zone A Zone 1 Zone 2 Zone 3 Zone 4 the t..n.n.ol T, ,l;f., „ "a fee-this 11owanee shall be 1 + d tinl the eanopy or tunnel Gard Not 0.154 0.355 0.708 0.95 Stations. Allowanee n to applieable W Wz w 1,000 squafe foot pef h' to land !'',,.,,•,l stations areas n,t.,,l l e by seeti•;t. pefsofmel whe stop an oetyehieles and vh•..lo oeeupan+s, lieense plates, and vehiele n4en.ts n,,.,l;f;,ifi 1 r-esshall be within-2 n tin...a heights of ,ohiele lane or the NO S.4-2 n &I,Y-5 N6 ll.,..,..n ee f4of the t3� n lrnlowai'ccc -vY 2 W AA li rrrlv'drmic�e afea f the swden.t pick ../,l off zone, with without eanopy, fe pfesehool thfough 12_+h gr-aElv heal eampuses. A b side o . 5 eenr 11 .l t-..ff e . heal eamptiswher- students a piekedand Lighting Applieation Lighting Lighting Lightin Lightiff Lightin Zone 8 Zone 1 Zone 2 Zone 3 Zone 4 The allewed area shall b-e the s ..lief„file aet,,.,l width. of 75 feet times th-e smallef of the aetual length Of ✓v ,,,,50 2fur onl:f:ifi. D mounting heights of the ZE)He. 9utdee Neo 0.004 .030 8$59 0.075 Dining. A 11(.<,.anee F rl o �ritaiC A44W Ww�w wow w total of outdoor-dining. OutdoeT uiiaiiareas afeas used to se an-' eansume food and- • 'moo matinting heights of th har-dseape area of eiitdoe e4 y� 9��.0�0-'� 8:-7009 9:9-1-1 NO for-Retail Par-king and ieable AN W- AW Axe- Allowanee Pedestrian allowanee is for-illuminated retail par-king-and identified as having speeial see ms needs. is �W Lighting Applieation Lighting Lighting Lightin Win$ Lightin Zone 0 Zone I Zone 2 Zone 3 Zone 4 buildingthe ;t allowanee— ptieiis, T4 Buildiagx Official mayo o pt a eover-ed building, ffam rl�o ions f this ,.ti.,,. ;f the Off:eial detefmines there e „ff:eie t p etie l ehalleages to make sa4isfaetien of1„ infeasible. The appliean fespensitil for-,l t „t' fequir-emerA infeasibility when applying a f; an exemption-. „tio A 1' r'ons for-e*emY t'ens shall be made, in •iti o to the Building ff: g O . .,l The Building Off 1 ,1 t .,t:,... . n be appealed Y !`[IAA!`[IAA!` 1 c 06 070 1 California Building Code ceetion.8.9. (Or-d. 3425 § 2, 2018). Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after fmal passage but not before January 1, 2020. Section V.Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.28 That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE* Sections: 15.28.010 California Plumbing Code, 2016 2019 Edition, adopted by reference. 15.28.015 Solar Water Heater Pre-Plumbing. 15.28.020 Residential Graywater Stub-out. 15.28.010 California Plumbing Code, 20162019 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 2016 2019 Edition, known as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, I, and J, and excluding Chapter 1, Division II of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and within all buildings and structures in the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.28.015 Solar Water Heater Pre-Plumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the requirements of this section and the Chula Vista Solar Water Heater Pre-Plumbing Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading,building orientation, construction constraints or configuration of the parcel. Ordinance No. Page 2 15.28.020 Residential Graywater Stub-out. All new detached single-family dwellings and duplexes shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the later installation of a clothes washer graywater irrigation system that complies with the requirements of Section 4-50-21503.1.1 of the 201 2019 California Plumbing Code. The outlet and stub-out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre-Plumbing and Stub-Out for New Residential Construction or an equivalent alternate method and/or material approved by the Building Official. The provisions of this Section may be modified or waived when it can be satisfactorily demonstrated to the Building Official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.28.015 to Chapter 15.28 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of solar water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. The City Council specifically and expressly finds and declares that adding section 15.28.020 to Chapter 15.28 is necessary due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change, it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result of population and economic growth, demand for water is expected to increase. These impacts could limit imported water availability, lead to higher demand for local water sources and increase utility costs. Requiring single-source graywater stub-out in new residential development facilitates the use of graywater for irrigation which in turn helps address these water-related climate change impacts. Section II1. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section IV. Construction Ordinance No. Page 3 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1,2020. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2019 EDITION The City Council of the City of Chula Vista does ordain as follows: SECTION 1. That Chapter 15.36 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.010 California Fire Code, 20196 Edition, adopted by reference. 15.36.015 Definitions. 15.36.020 Construction documents. 15.36.025 Re-inspection. 15.36.030 Violation penalties. 15.36.035 Failure to comply. 15.36.040 General Requirements. 15.36.0450 Emergency Planning and Preparedness. 15.36.0450 Response map updates. 15.36.0550 NFPA 13-D meter size. 15.36.060 Location of Class I Standpipe Hose Connections 15.36.065 Vegetation Management and Clearance 15.36.0705-5 TABLE B105.1(1). 15.36.07560 TABLE B105.2. 15.36.0806-5 TABLE C102.1. 15.36.010 California Fire Code,20196 Edition,adopted by reference. There is hereby adopted and incorporated by reference as if fully set forth herein, the California Fire Code, 20196 Edition, known as the California Code of Regulations, Title 24 part 9, including Appendix B and C as copyrighted by the International Code Council, and the California Building Standards Commission, which code and associated appendices prescribe the regulations governing conditions hazardous to life and property from fire or explosion, as the Fire Code of the City of Chula Vista, excepting such portions as are hereinafter deleted,modified or amended as set forth in this chapter for the purpose of regulation and enforcement within the City of Chula Vista. 15.36.015 Definitions. Chapter 2 Definitions - Section 202 of the Fire Code Portion of the California Building Standards Code is hereby revised to include the following definitions: "Fire Department" means any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. "Fire Authority Having Jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. "Fire Hazard"means anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstruct,delay,hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. "Fire Service Features" is a general term inclusive of all other terms such as driveway, fire lane,public street, private street,parking lot, lane, access roadway or the like. This Section 15.36.015 amends Section 202 of the Fire Code Portion of the California Building Standards Code only by adding those definitions specifically identified in herein. No other changes to Section 202 of the Fire Code Portion of the California Building Standards Code are contemplated or intended, and the balance of the definitions therein shall remain unchanged and continue in full force and effect. 15.36.020 Construction documents. Chapter 1 Scope and Administration - Subsection 105.4 Construction documents of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: Subseetion 105.4 Construction documents. Construction documents, plans, submittals and other documents associated with building or remodeling a structure shall be in accordance with Sections 105.4.1 through 105.4.6 and the Chula Vista Fire Department's Fire Safety Engineering Standard Details. 15.36.025 Inspection frequency. Chapter 1 Administrative Provisions - Subsection 1076.2.3 Re-inspection is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: ubsee-tief+-1076.2.3 Re-inspection. Following an inspection, whether initial, annual or other, during which it is determined that a violation exists, fire code re-inspections may be conducted at the discretion of the Fire Department until such violations have been corrected. 15.36.030 Violation penalties. Chapter 1 Scope and Administration - Subsection 11099.4 Violation penalties of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: ubwetiorr19109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, 1J install,alter,repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,punishable by a fine of not more than the greater of $1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months,or both such fine and imprisonment.Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.36.035 Failure to comply. Chapter 1 Scope and Administration - Subsection 1124-.4 Failure to comply of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: 1124.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than$1,000 dollars. 15.36.040 General Requirements. Chapter 3 General Requirements — Chapter 3 of the Fire Code portion of the California Building Standards Code is hereby dopted in its entirety, except for Section 319 Mobile Food Pre-paration Vehicles. The specific sections adopted within this Chapter are as follows: Chapter 3 General Requirements adopted sections: 301 —318.and 320. 15.36.0450 Emergency Planning and Preparedness. Chapter 4 Emergency Planning and Preparedness— Chapter 4 of the Fire Code portion of the California Building Standards Code is hereby adopted as per the California State Fire Marshal Matrix Adoption Table. The specific sections adopted within this Chapter are as follows: Chapter 4 Emergency Planning and Preparedness adopted sections: 401, 401.3.4,=401.9, 402, 403.2, 403.5 —403.5.4, 403.10.2.1.1, 403.13 —403.13.3, 404.5 = thfough 404.6.6, 407, Title 19 3.13 (a)(1), Title 19 3.13 (c)(1), Title 19 3.10, Title 19_3.13 (a)(2),Title 19 3.13(b), and Title 19 3.13 (c)(2&3). 15.36.050 Response map updates. Chapter 5 Premises Identification - Subsection 505.3 Response map updates is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Cmr505.3 Response map updates.Any new development,which necessitates updating of emergency response map by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services(PDF and/or CAD format as approved by the FAHJ). 15.36.0550 NFPA 13-D meter size. Chapter 9 Fire Protection Systems - Subsection 903.2.8.1.1 NFPA 13-D meter size is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: 5903.2.8.1.1 NFPA 13-D meter size.The minimum water meter size serving NFPA 13-D(dwelling)fire sprinkler systems shall be no less than one(1)inch in diameter. Exceptions: 1. Minimum meter size can be dependent upon hydraulic analysis, including safety factors, for second dwelling units and accessory structures to group R3 occupancies. 15.36.060 Location of Class I Standpipe Hose Connections. Chapter 9 Fire Protection Svstems — Subsection 905.4 Location of Class I standpipe hose connections of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and belowrg ade plane. Hose connections shall be located at intermediate floor level landings between floors or as approved by the fire code official. See Section 909.20.2.3 of the California BuildinpCode for additional provisions in smokeproof enclosures. Exception to Item 1 of 905.4 shall remain in full effect along with Items 2 through 6. 15.36.065 Vegetation Management and Clearance. Chapter 49 Requirements for Wildland-Urban Interface Fire Areas - Section 4905 Vegetation Management Clearance and Subsection 4905.1 General are hereby added to the Fire Code portion of the California Building Standards Code to read as follows: SECTION 4905 VEGETATION MANAGEMENT CLEARANCE 4905.1 General. All non-maintained combustible vegetation and or other such accumulations of combustible vegetation materials in open space areas as determined by the Fire Code Official shall not be located within one hundred(100)feet of any building or structure designed or intended for occupancy y humans or animals. 15.36.070-M TABLE B105.1(1). TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.1(1). TABLE B 105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb Fire-Flow Automatic Minimum Fire- Flow Duration Calculation Area Sprinkler Systems Flow (hours) (sqf) (design-standard) (gallons per minute)4 0-3,600 No automatic Duration in Table sprinkler system Value in Table B 105.1(2) at the B105.1(2) required fire-flow rate 3,601 and greater No automatic Value in Table Duration in Table sprinkler system B105.1(2) B 105.1(2) at the required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Value in Table Duration in Table Fire Code or B 105.1(2) B 105.1(2) at the Section 313.3 of required fire-flow the California rate Residential Code 3,601 and greater Section 903.3.1.3 Duration in Table of the California Value in Table B 105.1(2) at the Fire Code or B 105.1(2) required fire-flow Section 313.3 of rate the California Residential Code For SI: 1 gallon per minute= 3.785 L/m a. The fire flow rates as listed in Table B 105.1(2) are capped at 5,000 gpm. b.When the existing water main cannot supply the minimum required fire flow rate, the FHAJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes or a fire sprinkler system hazard classification upgrade in lieu of water main upsizing_ 15.36.07560 TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES of the Fire Code portion of the California Building Standards Code is revised to read as follows: TABLE B105.2. TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES Automatic Sprinkler Minimum Fire-Flow Flow Duration (hours) Systems(design- (gallons per minute} standard) No automatic sprinkler Value in Table B 105.1(2) Duration in Table system B105.1(2) Section 903.3.1.1 of the 75% of the value in Table Duration in Table California Fire Code B 105.1(2)a B 105.1(2) at the original flow rate Section 903.3.1.2 of the 75% of the value in Table Duration in Table California Fire Code B 105.1(2)a B105.1(2) at the original flow rate For SI: 1 gallon per minute=3.785 L/m a. The reduced fire-flow rate shall not be less than 1,500 gallons per minute. b. The fire flow rates as listed in Table B 105.1(2) are capped at 5,000 gpm. C.When the existing water main cannot supply the minimum required fire flow rate the FHAJ may require a fire sprinkler system to be installed, if not required by other portions of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water main upsizina. 15.36.080 TABLE C102.1. TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS of the Fire Code portion of the California Building Standards Code is adopted without footnotes A through HF. SECTION Il. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments noted above to the 2019 Edition of the California Fire Code is necessary due to local climatic, geological and topographical conditions. SECTION 111. SEVRABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION IV. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION V. EFFECTIVE DATE This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2020. SECTION VI. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Submitted by: Approved as to form by: James S. Geering Glen R. Googins Fire Chief City Attorney