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Home My WebLink AboutPC packet 1.27.21 y CIiU[ iSTA 1 1 -Boards F1 1 PLANNING- COMMISSION REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA January 27,2021 VIA TELECONFERENCE 6:00 276 Fourth Avenue Chula Vista. PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20,AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE PLANNING COMMISSION AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Members of the public can access a link to the livestream at www.chulavistaca. ovvirtualmeetin s. Members of the public who wish to join by telephone only, may call 1-408-418-9388 (United States Toll) and enter the access code: 146 554 7833. I HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: www.chulavistaca.gov/virtualmeetings. The commenting period will be open shortly after the agenda is published for a particular meeting and will remain open through the meeting, as described below. All comments will be available to the public and the Planning Commission using the eComment portal. Comments must be received prior to the time the Chair calls for the close of the commenting period. Comments received after such time will not be considered by the Planning Coin mission If you have difficulty or are unable to submit a comment,please contact Planning Commission secretary,Patricia Salvacion for assistance at psaJvaeionachu1avitsaca.goV. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Planning Commission meeting by contacting the Development Services Department] at psalvacionchulavistaca.goy (California Relay Service is available for the hearing impaired by dialing 71-1) at least forty- eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc.With the increase of virtual meetings,most platforms are working to scale their systems to meet the new demand. If we have technical difficulties,we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** i CALL TO ORDER ROLL CALL: Commissioners Burroughs, De La Rosa, Milburn,Nava, Torres, Zaker and Chair Gutierrez ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the BoardlCommission and are expected to elicit discussion and deliberation, If you wish to comment on one of these items, please submit comments electronically at: http:llwww.chulavistaca.govlvirtualnieetings. 1. APPROVAL OF MINUTES October 28, 2020 Staff recommendation: Commission approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Chair Gutierrez for excused absence for the meeting of October 28, 2020. Staff recommendation: Commission excuse the absence. PUBLIC COMMENTS Persons may address the BoardlCommission on any subject matter within the BoardlCommission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the BoardlCommission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the BoardlCommission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment,please submit comments electronically at: tivww.chulavistaca.govlvirtualmeetfngs. PRESENTATION 3. STATUS REPORT ON THE COMPREHENSIVE REVIEW OF CHULA VISTA'S GROWTH MANAGEMENT PROGRAM Staff recommendation: That the Planning Commission hear the presentation and offer comments and/or questions OTHER BUSINESS 4. STAFF COMMENTS 5. CHAIR'S COMMENTS 5. COMMISSIONERS'BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on February 10, 2021 at 6:00 P.M. in the Council j Chambers, Chula Vista, California. I Page 2 1 Planning Commission Agenda -2- Janut�ry 27,2D2.1 Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review at htt s:Ilchulavista ranicusideas,con/meetings or by contacting the Development Sex-vices Wpartinent at p,salvacion chulcavistaca. ov. I declare under penalty of perjury that I am employed by the City of Chula Vista in the [DEPARTMENT NAME] department and that I caused the document to be posted accord in to town Act • e ep�ts�.. Dated: i � �r Signe d I II Page 3 1 Planning Commission Agenda Januar, 27,2021 THIS PAGE LEFT BLANK ITEM 1 APPROVAL OF MINUTES x - 5 - THIS PAGE LEFT BLANK tiles aHMkA City of:Cfiqla. Vista Boards & Commissions PLANNING COMMISSION Minutes DRAFT MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION October 28,2024 VIA TELECONFERENCE 5:00 p.m. 276 Fourth Avenue :IIIII. IIII Chula Vista CALL TO ORDER i�lii��!ii Illi' I;III ll�lli all il'�Ill.,, IIIII I I:. IIIIII IIII�;lill,l,. ROLL CALL: Commissioners Burroughs, De La Rosa,li burn,Nava, Torres,•Zaker Ili ABSENT: Chair Gutierrez �Illlllli!il�!II�;II Ili hl l III illI.jj! • ALSO PRESENT: Maria Kachadoorian, City Manager,, 1 'I.ii.dael Shirey, Deputy City Attorney, Tiffany Allen, Development Servicel Director, Scott :onaghe, Principal Planner, Cheryl Goddard, Senior Planner, Steve Power, I c: al Planner, Lyririe tC.Tessitore, Senior Planner, Jeff y:;• IIII IIII Steichen,Associate Planner. I 'ill;' II rlllll',, I•: r Illli' 'ij:�!is I li 9i P �. .lilll.4 ON: PRESENTATION ! ?III'lII "''. lh `III'II. F III III!'lll::ii'••'om ':IIIA N ,':I:": !'III �ull�l�l;:•i, 1. INTRODUCTION' �CITY MANGER MARIA KACHADOORIAN 'III!Ilr� IIIII:I'I''• I,.I Ci Ma !I!I.Maria Kachadoorian intro o used herself and her new role as City City �IIIp i�i. I, II!�` X41 Manager and Q:,1;�tate f�the.city during,1# 'e COVID-19 pandemic. Ms. Kachadoorian IIII �I�IIIII: II.'iil;. ilk explained that thil'p a " IaCOVID-19 testing site at the south Chula Vista l'...,, �II SII lj!' ;: I�itilra y ail r ,s Conti Ing to work with staff to keep the city as safe as possible. Ms. ,:i:il:,� -..:.: II'!. :.,. Kachadoonil also menhaned that the city is working with various agencies to keep the "I'I:bayfront proec ' roving oll"II` _!s�!I;, tY r ard. ,. ACTION ftiMS �I uFlil�' 2. APPROVAL OF I IINi7TES June'I24 :2.02_ . July 22 II 420 ;III. Staff recommendation: Commission approve the minutes. Commissioner Milburn moved to approve the minutes, Commissioner De La Rosa seconded the motion and it carried by the following vote: Yes—5-De La Rosa, Milburn, Nava, Torres, Zaker NO- 0 Absent—Gutierrez V.02 — 7— (Commissioner Burroughs experienced technical difficulties and was not present far the vote on .item 2). 3. WRITTEN COMII'IUNICATIONS Memorandum from Commissioner Nava for excused absence for the meeting of July 22, 2020. Staff recommendation: Commission excuse the absence. IIII 111111E 1111111,. Commissioner De La Rosa moved to approve the absence; Comm''�I'oner Torres seconded the motion and it carried by the following vote: Yes--S-De La Rosa, Milburn, Nava, Torres, Zaker 11111�Ili, l 1;:li�l1� No-0 11,. I Absent- Gutierrez A 1 "!11111, (Commissioner Burroughs experienced technicada ties an ::was not presenk116 'the vote on Rem 3). I I"!1111111111; 11jj1"` PUBLIC COMMENTS itllqlli'I!11;,1.1I1 9'I 11 I;I, 111 1:1' :,;ii11% lei?:.I�r; 'I�!i.l'jiili, �11111t 11 ;; !II "1111;iII None IIII „ ulll�11i1111pG 111111. I, PUBLIC HEARINGS IIu Illhillul 11;111, ,, 4. DR18-0010.- ' ri�Aeration of Design Revie�iv to allow for the construction of a 11!1 72- '” ,four-storym111.ulti-family complex consisting of one structure over one-story on..e,P-sto ry ara"g:e, long with associatedparking, landscaping A; 11111ifi.",itZ ce ad 2.67-acre site located at 1350 Industrial , �oulevara wiPalomar Gateway District. I';i :IIII 111111'�: Reso'tf10 f the City of Chula Vista Planning Commission .11,1:1:1 1 f, i'`I�I"' "approve `Design Review Permit DRI$-0010, to construct a 72- Ii unit, fo r-story multi-family complex consisting of one structure ;aver a one-story garage along with associated parking, landscaping j "and open space on a 2.67-acre site located at 1350 Industrial III: F'Boulevard within the Palomar Gateway District Applicant: Murraoka Enterprises Project Manager: Jeff Steichen,Associate Planner Staff recommendation: That the Planning Commission adopt the Resolution approving the project, based on the findings and subject to the conditions contained therein. Page 2 1 Planning Commission Minutes - 8- October 28, 2020 That the Planning Commission conduct a public hearing and adopt the proposed resolution as follows: • Approve Resolution DR18-0010 approving the building of a 72-unit, four- story multi-family complex located at 1350 Industrial Boulevard. Commissioner Torres moved to approve the project, Commissioner Milhurn seconded the motion and it carried by the following vote: Yes_6-Burroughs, De La Rosa, Milburn, Nava, Torres, Zaker ��Ij1l111,.iili:ll':'I�II,Iii; I�'' Absent-Gutierrez IIjI `ili III IIL.. I .A Iii I PUBLIC HEARING IIII0111111U:. IIIII' I'';;iul. S. MPA20-0002II IIII �llljl . Consideration of arnen�ents to Chula Vista al Code (CVMC) Sections,1111i, 'IH 022 (I u ccessory Dwe�l' .Units} and I�,; �I CJI ..I,. 19.5$.023 (Junior Accessory D �1ng Units); and frapters 19.22 Residential Estates Zone I�III 4 Sin le-Fami Residential), ( ��tl�IIIIII ( g �Y 19.26 (Orae-and Two-pamilyW sidence Zone) 19.28 (Apartment Residentiali Z' ), 19.30 (Ad !,ilt�ative and Professional Office ;III......... Zone} 19:3 ' I,(central Commer� Zone} 19.4$ (Planned ' iil' Community Zane}''l :' .dd.!!!119.84 (Ba i t Specific Plan - Land Use �� Y Zones) li:l ill (III Staff ReeommeIInda�a SII I:. � .. it Il;i.. .:..... . i That the PI ;.ng Commission adopt the proposed amendments to the Chula Vista Municipal s e O.''Pe Cit�;;;Council. ; I III � 'SII i.•.�:, ;',j ,,l,:.,. ,i;ll Ilr s That thelannrrg;.11�?�"�li issi�n conduct a public hearing and adopt the i ::•I:°.^.:a it i;l ll;:'ii. roposed arrir; ents as folios: • Approve'amendin nts;;to the Chula Vista Municipal Code (CVMC} Sections ill a' 19.58.0221`and 19.5i$ 023 Chapters 19.22, 19.24, 19.26, 19.28, 19.30, 19.36 19.48 and 119.84 Commissioner De LaRosa maved to approve the amendments, Commissioner Nava seconded the motion and it carraei 'bythel'allowing vote: Yes-6-Burroughs, D6 La Rosa, .Milburn, Nava, Torres, Zaker No- 0 Absent- Gutierrez OTHER BUSINESS 6. STAFF COMMENTS None Page 3 1 Planning Commission Minutes -9 - October 28, 2020 7. CHAIR'S COMMENTS None 8. COMMISSIONERS'/BOARD MEMBERS' COMMENTS Commissioner Torres mentioned that the Growth Management Oversight Commission will be presenting a new matrix and threshold standards to the Planning Conn isslon. ADJOURNMENT 7:19 p.m. to the regular meeting on November'W� 2420 in the Council Chambers Chula Vista, California. .11it . 1 ll! INi;; 'h "III�II!� I h. LIIII• 4 I�IIII,Id !��Y IIIIIIII ,II!�°�I III::., il�l;il;lll�IIIIII��I �II �,II IIII;;� •III. 'li;l�I'I I�. II; ;... 'lil!�!jIIIiI' .III'�illlll I� _ 'gill rl kmn,.. ��' Illi:'':110; Ii.10 ii.l;l 'iil'lii lt� l� I� I A , !Iii Iil�; ,�>I• ��;, nllll„I��II� { �IIk:l id:�� ... 'I'll: •; ,.., j Page 4 I Planning Commission Minutes - 1 0 - October 28,2020 ITEM 2 WRITTEN COMMUNICATIONS f s C � g1 _ THIS PAGE LEFT BLANK REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions,and Committees Name: GABRIEL GUTIERREZ Date ofAbsence: 10128/2020 Board/Commission/Committee: PLANNING COMMISSION Chula Vista Municipal Code section 2.25.110 [C] allows board/commission/committee members, by a majority vote,to excuse a fellow board,commission,or committee member's absence from a meeting for any of the reasons listed below.A member who is absent from three consecutive,regular meetings will be deemed to have vacated his or her membership, unless the member's absence is excused by a majority vote of the other members.An absence is only recorded as"excused"upon receipt of a member's request and majority vote of the board/commission/committee to excuse the absence.Accordingly, if you have been absent from a regular meeting,please complete and submit this form to the chair or secretary. Please indicate the reason for the absence: 9 1.Illness of the member,family member of the member,or personal friend of the member; ❑ 2.Business commitment of the member that interferes with the attendance of the member at a meeting; ❑ 3.Previously scheduled vacation of the member,notice of which was provided to the respective board, commission,or committee in advance of the meeting; ❑ 4.Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly r significant event; C 5.unexpected, emergency situation that prohibits the member's attendance;or C 6. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15 days in advance,as long as the unavailability is not expected to last for longer than 30 days. OR I] The absence was not for any of the above-listed reasons.I understand that the absence will be recorded i as unexcused. I certify the reason for the absence indicated above is true and correct. Member's Signature: Date: If completed by secretary or staff to board/commission/committee: Completed on member's behalf by: PATRICIA SALVACION ,per member's ❑Verbal 19 Written request on: 10/27/2020 (secretary/haisores name) [date] Request for Excused Absence Forne—9/17 — 3. 3— THIS PAGE LEFT BLANK CHU LA VISTA PLANNING pr1 . COMMISSION ;:i AGENDA STATEMENT Item: 3 Meeting Date: 1127/21 ITEM TITLE: Presentation: Status report on the comprehensive review of Chula Vista's Growth Management Program. SUBMITTED BY: Kimberly Elliott, Facilities Financing Manager Kim Vander Bie, Associate Planner REVIEWED BY: Tiffany Allen, Director of Development Services INTRODUCTION On August 1,2019,the Planning Commission and City Council,in a j oint meeting with the Growth Management Oversight Commission (GMOC), directed staff to update the City's Growth Management Program to focus more on quality of life. At the joint meeting on January 30,2020, staff outlined a plan for a comprehensive review of the Growth Management Program to evaluate the existing service topics and their coordinating threshold standards. Staff has begun the comprehensive review, meeting twice monthly with the GMOC (virtually, due to the COVID-19 pandemic) to discuss potential new service topics and metrics with the commissioners and representatives of various City departments and commissions. The Planning Commission requested an opportunity to provide input early in the review process and staff is now seeking that input on these issues. The GMOC will continue to meet in a workshop-type format with service topic experts and stakeholders, and a revised Growth Management ordinance will be presented to the Planning Commission and. City Council for their consideration later this year. Note that the FY 20 Annual Report will be presented at the joint meeting of the GMOC,Planning Commission and City Council on January 28,2021. E E ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA, Thus,no environmental review is required. — 15 — Planning Commission Growth Management Program Update January 27,2021 Page-2- RECOMMENDATION That the Planning Commission hear the presentation and offer comments and/or questions, DISCUSSION In 1987 the City Council approved Chula Vista's first growth management threshold standards for eleven City service-related topics. Some of those thresholds were slightly modified in ensuing years; more changes were made during a top-to-bottom review of the Growth Management Program, which culminated in 2015 when Council adopted an updated Growth Management ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)} and a Growth Management Program Implementation Manual,which replaced the Growth Management Program document adopted in 1991. Background In the 1980s large-scale development began to occur in the eastern part of Chula Vista. The City expanded its boundaries with large undeveloped ranch lands east of Interstate 805, This created opportunities for the City to work with large landowners to provide high-quality master-planned communities that included a mix of land uses and public facilities. As growth continued there was serious concern that poorly managed growth could strain the city's ability to provide public services, worsen traffic problems, and lead to an Overall reduction in. service levels and the quality of life of its residents. To ensure that adequate infrastructure and services were keeping pace with development and that quality of life was being maintained, the Chula Vista City Council appointed an ad hoc committee to develop quality of life threshold standards for the city. The concept was to establish performance standards reflecting either current or desired levels of service, and then measure the effects of growth against those standards annually.The City could use these standards to evaluate its ability to meet quality of life objectives at the build-out of its General Plan and monitor the standards annually as growth occurred to ensure that they were being met. The ad hoc committee selected and defined threshold standards and implementation measures for eleven service topics,including Police,Fire and Emergency Medical Services, Schools,Libraries, Parks and Recreation, Water, Sewer, Drainage, Traffic, Air Quality and Fiscal, which were introduced in a document called Threshold Standards and Growth Management Oversight Committee Policy (approved by City Council in November 1987). The Policy defined a program intended to preserve and enhance Chula Vista's public services and quality of life as growth occurs, requiring an annual citywide threshold compliance review assigned to a growth management oversight committee (our current GMOC} who must report through the Planning Commission to the City Council, The threshold standards became part of the Growth Management ordinance adopted by Council in 1991. The threshold standards and topics generally remained the same until reviewed in 2015. The City Council adopted a revised Growth Management ordinance in 2015 which included some changes to the threshold standards however the topics remained the same. Additionally,a Growth Management Program Implementation Manual was adopted in 2015 which - 16 - Planning Commission Growth Management Program Update January 27,2021 Page-3- replaced the Growth Management Oversight Committee Policy (1987) and the Growth Management Program document(1991.) Since the 1980s,the City's growth managed program has been implemented through various City policies and programs. In the intervening years the City has instituted fee programs which require developers to build public infrastructure or pay fees to construct roads, fire stations, parks, libraries, and other public facilities to ensure that that as new development occurs public facilities are provided to meet the demands generated by new development. Developers purchase capacity in the City's sewer system and ensure that water is available to serve their projects.Major projects are required to submit public facilities financing plans,a fiscal impact analysis,water conservation plans and demonstrate compliance with air quality standards. The City adopts and updates facility master plans to determine the adequacy of public facilities and plan for future growth. External to the City the local school districts require developers to ensure that adequate schools are available by the payment of fees and setting aside land for future schools. Although some of the threshold standards have not been met from time to time, in general, the City's quality of life has been maintained or improved since the inception of the Growth Management Program in 1987. The GMOC provided an annual independent review of the effectiveness of the growth management program. Where there have been concerns, the GMOC has made recommendations to the City Council and staff has provided responses and implementing actions. One of the objectives listed in the Growth Management Element of the City's General Plan is to "periodically review and revise the threshold standards to assure that they reflect current service delivery and measurement techniques and to assure their effectiveness at achieving quality of life goals."In August 2019,at the annual joint meeting of the GMOC,Planning Commission and City Council staff was directed to review the Growth Management Program with a focus on quality of life. At the joint meeting in January 2020, staff set forth a plan for the comprehensive review of the Growth Management Program. Planning Commission made a specific request at that meeting that staff seek its input early in the review process. Potential New Quality of Life Topics The existing growth management threshold standards have assisted the City in its efforts to grow smart, while preserving or improving quality of life along the way. The state of California is currently experiencing a housing crisis and there are not enough homes to house our population. i New state statutes to help bridge the housing shortage have eliminated the City's ability to impose building moratoriums as a tool to slow or control growth.Additionally,some of the thresholds and implementation measures are outdated and do not give an accurate picture of the quality of service being provided. As the City approaches buildout, it is time to take inventory of the service topics — 17— Planning Commission Growth Management Program Update January 27,2021 Page-4- that the GMGC should be monitoring and metrics to do so in order to preserve what the community values most. The GMOC has explored new or revised topics with a goal of evaluating the quality of life for all residents. The following broad topics have been discussed but no decisions have been made regarding topics or metrics: 1. Public Safety a. Fire b. Police c. Emergency Medical Services d. Emergency Preparedness 2. Housing a. Access to quality housing b. Affordability c. Range of housing opportunities 3. Transportation&Land Use a. Mixed use and transit-oriented development b. Traffic Safety and Efficiency c. Active Transportation 4. Connected Communities a. Parks&Recreation b. Libraries c. Arts&Culture d. Education 5. Economic Development a. Business Expansion&Retention b. Inclusive Economic Development c. Diverse Economic Base d. Economic Recovery from CGVID-19 6. Sustainability a. Air quality b. Alternative Energy c. Greenhouse Gas d. Water Conservation 7. Health&Wellness a, Access to healthcare b. Health metrics c. Healthy aging 8. Infrastructure a. Road Condition b. Sewer Capacity c. Water Supply i Planning Commission Growth Management Program Update January 27,2021 Page-5- Next Steps Staff will report the Planning Commission's comments at the next GMAC meeting, currently scheduled for February 2,2021. The GMAC will continue to meet regularly to discuss topics. Staff will continue to meet with other City departments, the various commissions and subject matter experts in order to recommend actual metrics for each topic. Staff will present draft topics and metrics for GMOC review that will culminate in a draft revised ordinance for GMOC review and recommendation to Planning Commission and City Council. DECISION-MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently,the real property holdings of the Planning Commission 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 Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT There is no fiscal impact associated with updating the Growth Management ordinance. E f G- Attachments 1. Growth Management Ordinance _ fg � THIS PAGE LEFT BLANK ITEM 3 ATTACHMENT 1 A 5 1 F E{� r rtl� F I ATTACHMENT ] Your selections Chula Vista,Cm — -- ----- - . .._._._.- .. _-._... Page 1 of 22 Chapter 19.09 GROWTH MANAGEMENT Sections: 19.09.010 Purpose/intent, policies and findings. 19.09.020 Definitions. 19.09.030 Growth Management Program Implementation Manual. 19.09.040 Threshold standards for City facilities and services. 19.09.050 Threshold standards for external facilities and services. 19.09.060 Amendments and supplemental threshold standards. 19.09.070 Moratorium on building permits allowed. 19.09.080 Requirement for public facilities finance plans(PFFP), air quality improvement pians, and water conservation plans. 19.09.090 Public facilities finance plan (PFFP)contents. 19.09.100 Public facilities finance plan (PFFP)preparation. 19.09.110 Public facilities finance plan (PFFD)review. 19.09.120 Public facilities finance plan (PFFP)implementation. 19.09.130 Public facilities finance plan (PFFD)amendment. 19.09.140 Exceptions and exclusions. 19.09.150 Extensions of prior approvals. 19.09.160 ONigation to pay fees or install facilities required by any other law. 19.09.170 Implementing procedures. 19.09.180 Council actions,fees, notice. 19.09.190 Severability. 19.09.200 Facility master plans. 19.09.010 Purpose/intent, policies and findings. A. Purposelintent.The purpose and intent of this chapter are to:(1)implement the policy framework established by Chula Vista's General Plan for Chula Vista's growth management program;(2)codify threshold standards designed to assure that,as new development occurs,public facilities,infrastructure and services will exist,or concurrently be provided,to meet the demands generated by new development,and service levels to existing residents will not be reduced;and(3)establish administration and compliance mechanisms. B. Policies. Itis the policy of the City of Chula Vista to: 1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this chapter,and are provided in advance of,or concurrent with,the demands created by new development; The Chula Vista Municipal Code is current through Ordinance 3466, passed Novernber 12,2019, — 22— Your Selections I Chula Vista,CA Page 2 of 22 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in this chapter; 3. Provide quality housing opportunities for all economic segments of the community; 4. Provide a balanced community with adequate commercial,industrial, recreational and open space areas to support the residential areas of the City; 5. Balance the regional housing needs against the public service needs of Chula Vista residents and available fiscal resources,environmental constraints,and quality of life considerations; 6, Provide that all development is consistent with the Chula Vista General Plan; 7. Provide the City Council the regulatory framework to limit or prevent additional development if certain public facilities,infrastructure and services meeting the threshold standards set forth in this chapter are not provided in a timely,phased and logical manner, as required by the General Plan; 8. Control the timing and location of development by tying the pace of development to the provision that public facilities,infrastructure and services conform to the Citys threshold standards,and to meet the goals and objectives of the growth management program; 9. Promote orderly revitalization and redevelopment of older portions of the City,including the urban core and the commercial corridors; 10. Provide that the air quality of the City of Chula Vista is maintained consistent with applicable standards; 11. Require development to conserve water so that an adequate supply is maintained to serve the needs of current and future residents. C. Findings.The City Councll of the City of Chula Vista hereby finds: 1. New development creates incremental demands for public facilities,infrastructure and services provided by the City and other pubiic agencies serving the area. 2. New development demand for public facilities,infrastructure and services,if not concurrently met with expansion of public facilities,infrastructure and services,would result in facility and service shortages, including,but not limited to,streets,schools,libraries and general governmental facilities.These shortages would be detrimental to the public health,safety,and welfare of the citizens of Chula Vista. 3. The City has adopted and regularly updates facility master plans to ensure adequate infrastructure and services will be available to support the build-out demands of the adopted General Plan. 4. Since 1991,the City has maintained a growth management ordinance to achieve the purpose outlined in subsection(A)of this section,and has adopted a variety of related fee and funding programs to ensure that public improvements keep pace with growth. The Chula Vlsta Municipal Code is current through ordinance 3466,passed November 12,2019. — 23— Your Selections I Chula Vista,CA Page 3 of 22 5, Chula Vista's adopted General Plan includes provisions requiring facilities and services in advance of,or concurrent with,growth. 5. Prohibiting or limiting development unless adequate public facilities,infrastructure and services are available in advance of,or concurrent with, development is consistent with the City's policy to provide housing opportunities for all economic segments of the community.Development of housing far low-and moderate- income persons and families would most likely occur in areas of the City that are designated for highest development priority, 7. Adoption of this chapter will not adversely affect the regional welfare.By providing that adequate and safe public fadllties,infrastructure and services will exist to serve all of the development in Chula Vista,and because many of these facilities and improvements are used by persons residing in neighboring areas and cities,the public health,saferyand welfare of the whole region are enhanced. 8. This chapter will further the policies set forth above by:(a)requiring identification for all public facilities, infrastructure and services required as a result of development;(b)prohibiting or limiting development until adequate provisions for certain public facilities, infrastructure and services are made within the City,as herein provided;and(c)giving development priorityto areas of the City where public facilities, infrastructure and services are already in place. 9. The City has influence upon,but not control of,the actions of other public agencies involved in providing services to the residents of Chula Vista,including school districts and water service purveyors.(Ord.3339§3, 2015). 19.09.020 Definitions. Whenever the following terms are used in this chapter,they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: A. "Air quality improvement plan"(AQIP)means a project-specific air quality improvement plan prepared and approved in accordance with NMC 19.09.080 and Appendix A of the Growth Management Program Implementation Manual. B. "Available facility and service capacity"shall be determined by the Development Services Director,using generally accepted planning standards and criteria,including the threshold standards set forth in this chapter. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. C. "Developed areas of the City"means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. "Development"means any land use, building or other alteration of land and construction incident thereto. E. "Development Services Director"or"Director"means the Director of the City's Development Services Department or their designee. The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. — 24 — Your Selections J Chula Vista,CA Page 4 of 22 F. "Discretionary planning approval"means any permit,entitlement or approval issued under the authority of the zoning and subdivision titles of the Chula Vista Municipal Code(CVMC],and any legislative actions such as zone changes,General Plan amendments,sectional planning area(SPA)plans or general development plan approvals or amendments, G. "External public facilities and services"means the threshold standard topics that pertain to facilities and services provided from outside the City,such as schools,water and air quality. H. "Facilities"means any schools,public safety facilities,infrastructure,civic buildings,corporation yards, pa rklrecreational areas or structures providing for fire,Il bra ries,traffic controls,streets and highways,including curbs,gutters and sidewalks, bridges,overcrossings,street interchanges,flood control or storm drain facilities, sewer facilities,water facilities,lighting facilities or other governmental services,required to be identified in a public facilities finance plan. 1. "Facility master plan"means any adopted master plan for future facility needs for services associated with the s growth management program's threshold standards,including,but not limited to:sewer,drainage,water,police, fire and emergency services,libraries and parks. J. "Facility and service capacity'means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. K. "Growth Management Program Implementation Manual"means a plan prepared and approved according to CVMC 19,09.030,which establishes compliance with the threshold standards,as provided in CVMC 19.09.040 and 19.09.050. I L. "Moratorium"means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure.City Council must make specific findings and follow specific procedures as provided in NMC 19.09.070. M. "Project"means the activity for which either an application for a sectional planning area(SPA)plan,a tentative map(TM),a conditional use permit(CLIP),or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. li N. "Public facilities finance plan(PFFP)"means a project-specific public facilities finance plan prepared and i approved in accordance with CVMC 19.09.080 through 19.09,130 and Appendix C of the Growth Management Program Implementation Manual. O. "SPA plan"means a sectional planning area plan,as prescribed in Chapter 19.48 NMC. P. "Statement of concern"means an implementation measure the Growth Management Oversight Commission (GMOC)may issue in its annual report:(1)for an external public facilities and services threshold standard,to highlight what action the City can take in order to solve a specified issue and encourage further or additional inter- agency cooperation/coordination,There may also be a recommendation for the issuance of correspondence or a resolution by the City Council to the external agency,if the situation so warrants,as determined by the GMOC,or (2)for a threshold standard that is currentlyfa€ling or forecasted to fail,and may include elements dealing with The Chula Vista Municipal Code is current through Ordinance 3465,passed November 12,2019, — 25— Your Selections Chula Vista,CA Page 5 of 22 City management and organization, budget priorities,and responsiveness to previous GMOC requests;or(3)in response to an overall or general quality of life consideration,irrespective to whether a particular threshold standard has been exceeded,or if it is a non-growth-related issue.It can offer a finding or make recommendations regarding City management,organization and budget priorities. Q. "Substantial compliance"means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. R. "Threshold standards"means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the City. S. "Transportation monitoring program(TMP)"means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day.The TMP shall be based on the current Highway Capacity Manual,as may be amended from time to time.The technical analysis shall be conducted annually or as directed by the City Council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. "Water conservation plan"means a project-specific water conservation plan prepared and approved in accordance with NMC 19,09.080 and Appendix B of the Growth Management Program Implementation Manual. (Ord.3339§3,2015), 19.09.030 Growth Management Program Implementation Manual. A. The City Council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be Implemented,and,in so doing,assure that new development does not occur unless public facilities,infrastructure and services consistent with the threshold standards are available in advance of, or concurrently with,development. B. The Growth Management Program Implementation Manual shall incorporate and interpret the threshold standards as set forth in this chapter. C. The Growth Management Program implementation Manual shall incorporate, by reference,the adopted facility master plans prepared by certain City departments,and shall address air quality and fiscal issues. D. The Growth Management Program implementation Manual shall provide procedures for implementing any limits on building permits established pursuant to NMC 19.09.070,and address growth-related fiscal and economic issues. E. The Growth Management Program Implementation Manual shall define the contents of public facilities finance plans(PFFPs)that are required for al development projects pursuant to CVMC 19.09.080. F. The City Council shall appoint a Growth Management Oversight Commission(GMOC),and the GMOC shall annually prepare a report and,upon doing so,the GMOC shall submit such report to the Planning Commission for Input and recommendation and to the City Council for their action. The Chula Vista Municipal Code is current through Ordinance 3456,passed November 12,2019. —26 — Your Selections I Chula Vista,CA Page 6 of 22 G. The City Council should annually review and, by resolution,act upon the Growth Management Oversight Commission's annual report, H. Amendments to the Growth Management Program Implementation Manual maybe initiated by action of the Planning Commission or City Council,or upon request of an applicant.The City Council shall act on the requested application. (Ord.3339§3,2015). 19.09.040 Threshold standards for City facilities and services. Threshold standards for City facilities and services are those under the direct control of the City,and apply to eight public facility and services topics,including:drainage,fire and emergency services,fiscal,Ilbraries, parks and recreation, police,sewer,and traffic. In order to provide that public facilities and services,government and other utility services,and improvements are adequate to meet present and future needs of the City,the City Council hereby adopts threshold standards for each facility or improvement listed below: A. Police. i a 1. Goal.To maintain and improve the current level of police service in the City of Chula Vista. , 2. Objective. Ensure that police staff is adequately equipped and trained to provide police service at the desired level throughout the City, r 3. Threshold Standards. E a. Priority I -Emergency Callsr. Properly equipped and staffed police units shall respond to at least 81 percent of Priority 1 calls within seven minutes 30 seconds and shall maintain an average response time of six minutes or less for all Priority 1 calls(measured annually), b, Priority -Urgent Calls, Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less(measured annually), c. Note:For growth management purposes,response time includes dispatch and travel time to the building or site address, otherwise referred to as"received to arrive." 4. Implementation Measures. a. Should the GMDC determine that the Priority 1 emergency calls threshold standard is not being met due to growth impacts,then the City Council can,within 60 days of the GM0Cs report,schedule and hold a public hearing to:(i)consider adopting a moratorium on the issuance of new building permits;or(ii) adopt other actions sufficient to rectify the deficiency(ies), b. Should the GMDC determine that the Priority 2 urgent calls threshold standard is not being met,it may issue a statement of concern in its annual report. The Chula Vista Municipal Code is current through ordinance 3465,passed November 12,2019. —27— i Your Selections Chula Vista,CA Page 7 of 22 B. Fire and Emergency Medical Services. 1. Goal.To maintain and improve the quality of fire protection and emergency medical services(EMS)in the City of Chula Vista. 2. objective.Ensure that fire/EMS staff are properly equipped and trained to provide the desired level of service throughout the City. 3. Facility Master Plan. A minimum of every five years,or whenever an update is needed,the City Manager shall bring a fire and emergency medical services master plan to the City Council for their consideration.The master plan shall include provisions for facilities,equipment and deployment. 4. Threshold Standard. a. Emergency Response. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven minutes in at least 80 percent of the cases(measured annually), b. Note:For growth management purposes, response time includes dispatch,turnout and travel time to the building or site address. 5. Implementation Measures, a. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the facility master plan milestone targets are not being met,then the City Council can,within 60 days of the GMOC's annual report,schedule and hold a public hearing to(i)consider adopting a moratorium on the issuance of building permits,or(ii)adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard:(i)is not being met, but the reason is not due to growth impacts;or{ii)is not being met due to growth impacts,but the facility master plan is meeting its milestone targets,in which case the Fire Department will address the adequacy of the facility master plan. C. Libraries. 1. Goal.To provide a high-quality, contemporary library system that meets the varied needs of the community. 2. Objective.Supplement existing libraries by providing and operating library facilities sufficient to meet the needs of Cary residents. 3. Facility Master Plan.A minimum of every five years,or whenever an update is needed,the City Manager shall bring a libraries master plan to City Council for their consideration.The master plan shall define the adequacy of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation,and identify library square footage needs consistent with the threshold standard at build-out. 4. Threshold Standard.The City shall not fall below the Citywide ratio of 500 gross square feet(G5F)of library space,adequately equipped and staffed, per 1,000 population. The Chula Vista Municipal Code is current through Ordinance 3465,passed November 12,2019. —2 $ i' Your Selections I Chula Vista,CA page 8 of 22 5. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three years(based on forecasted growth and planned improvements),then the City Council can,within 60 days of the GMOC's report,schedule and hold a public hearing to:(i)consider adopting a moratorium on the issuance of new building permits;or(ii)adopt other actions sufficient to rectify the deficiency(ies). b. The GMOC shall be provided with an annual report that documents the appropriate staffing levels, equipment and operating hours of library facilities over the past year,current year operation,and anticipated hours of operation.Should the GMOC determine that the libraries are not adequately staffed, equipped,or are not maintaining appropriate hours of operation, it may issue a statement of concern in its annual report. D. Parks and Recreation Areas. 1. Goal.To provide a diverse and flexible park system which meets both the active and passive recreational needs of the residents of Chula Vista. 2. Objective. Provide public park and recreational opportunities in a timely manner, implementing a five-year master plan which describes the location,facility improvements and funding program for proposed neighborhood and community parks. 0 3. Threshold Standard Population Ratio.Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of 1-805. ; 4. Implementation Measures. a. Should the GMOC determine that the threshold standard is not being satisfied,then the City Council shall formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other actual solution shall be scheduled to commence within three years. b. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC,then the City Council shall,within 60 days of the GMOC's report, schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new tentative reap applications,based on all of the following criteria: i, That the moratorium is limited to an area wherein a causal relationship to the problem has been established;and ii, That the moratorium provides mitigation measure to a specifically identified impact. c. Should a moratorium be established,the time shall be used to expeditiously prepare specific mitigation measures for adoption,which are intended to bring the condition into conformance.Any such moratorium shall be in effect until construction of the needed new park and recreation facilities has commenced. E. Sewer. The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. — 29 — Your Selections I Chula Vista,CA Page 9 of 22 1. Goal.To provide a healthful and sanitary sewer collection and disposal system for the residents of the City of Chula Vista,consistent with the City's wastewater master plan, 2, Objective. Individual projects will provide necessary improvements consistent with City engineering standards,Treatment capacity should be acquired in advance of demand. 3. Threshold Standards. a. Existing and projected facility sewage flows and volumes shall not exceed City engineering standards for the current system and for budgeted improvements,as set forth in the Subdkvision Manual. b. The City shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. 4. Implementation Measures. a. The City Engineering Department shall annually gather and provide the following information to the GMOC: I. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of Chula Vista's contracted share; il. Ability of sewer facilities and Chula Vista's share of the Metropolitan Sewer System's capacity to absorb forecasted growth over the next five years; iii. Evaluation of funding and site availability for budgeted and projected new facilities;and iv. Other relevant information. b. Should the GMOC determine that a potential problem exists with meeting the projected needs of development with respect to sewer,it may Issue a statement of concern in its annual report. F. Drainage, 1. Goal To provide a safe and efficient storm water drainage system to protect residents and property in the City of Chula Vista. 2. Objective. Individual projects will provide necessary improvements consistent with current City engineering standards and local,state and federal regulations. 3. Threshold Standards. a. Storm water flows and volumes shall not exceed City engineering standards and shall comply with current local,state and federal regulations,as may be amended from time to time. b. The GMOC shall annually review the performance of the City's storm drain system,with respect to the impacts of new development,to determine its ability to meet the goal and objective for drainage. 4, Implementation Measures. The Chula Vista Municipal Code is current through Ordlnance 3466,passed November 12,2019. — 30— Your Selections I Chula Vista,CA Page 10 of 22 a. Should the GMOC determine that the threshold standards are not being met,with respect to new development,then the City Manager should present to the City Council,for their consideration,a plan of action that includes timing benchmarks and a finance plan that will bring the storm drain system into conformance.Construction or other actual solution shall be scheduled to commence within three years. b. Should the GMOC determine that the threshold standard is not being met,with respect to existing development,it may issue a statement of concern in its annual report. G. Traffic. 1. Goals. a. To provide and maintain a safe and efficient street system for alf modes of transportation within the City of Chula Vista. b. To accurately determine existing and projected levels of service(LOS)for motorists,using the Highway Capacity Manual(HCM)performance measurement methodology. c. To recognize the unique nature of urbanizing neighborhoods as destinations,and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation,such as public transit, biking and walking. d. To maintain a levet of service value that represents an acceptable level of traffic flow under constrained operating conditions during peak periods of traffic activity. I I 2. . Objectives. f a. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to - planned growth,and maintain acceptable levels of service, b. Plan,design and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build-out of the General Plan's Land Use and Transportation Element. { c. Plan,design and construct bicycle and pedestrian infrastructure improvements pursuant to the most } current bikeway master plan and pedestrian master pian. 3. Threshold Standards. i a. Arterial Level of Service(ALAS)for Nonurban Streets,Those traffic monitoring program(TMP)roadway segments classified as other than urban streets in the nand Use and Transportation Element of the City's General Plan shall maintain LOS"C"or Better as measured by observed average travel speed on those segments, except that during peas[hours LOS"D"can occur for no more than two hours of the day, b. Urban Street Level of Service(ULOS).Those TMP roadway segments classified as urban streets in the Land Use and Transportation Element of the Citys General Plan shall maintain LOS"D"or better,as measured by observed or predicted average travel speed,except that during peak hours LOS"E"can occur for no more than two hours per day. The Chula Vista Municipal Code is current through Ordinance 3466, passed November 12,2019. — 31 — Your Selections I Chula Vista,CA Page 11 of 22 4. Notes to Standards. a. Arterial Segment. LOS measurements shall be for the average weekday peak hours,excluding seasonal and special circumstance variations. b, The LOS measurement of arterial segments atfreeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. c. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards, d. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in the most recent Highway Capacity Manual(H CM)and shall be confirmed by the City's Traffic Engineer. e. Level of service values for arterial segments shall be based on the HCM. 5. Implementation Measures. a. Should the GMOC determine that the threshold standards are not being met,due to growth impacts, then the City Council can,within 60 days of the GMOC's report,schedule and hold a public hearing to consider adopting;(i)a moratorium on the acceptance of new building permits,or(ii)other actions sufficient to rectify the deficiency(ies). b. The GMOC may issue a statement of concern in its annual report if it determines that the threshold standard will likely not be met within three years,due to growth impacts. c. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the bikeway master plan, pedestrian master plan,the transportation development impact fee program(TDIF),and the Western TDIR 6, Monitoring Methodology. a.. Identify all traffic monitoring program(TMP)corridors and classify according to the latest Highway Capacity Manual(HCM)methodology.Typically,a TMP roadway is four lanes with a volume of 16,500 trips and at least one and one-half miles in length.if the average daily trip{ADT}-based level of service is"C"or worse on a street segment located within a City TMP corridor,then the City shall consider conducting a TMP measurement,ADT volume data shall not be older than two years, b. ATMP measurement shall consist of a two-hour a.m. peak period measurement,a two-hour midday period measurement,and a two-hour p.m. peak period measurement. c, TMP measurement shall be conducted by following the current protocol in the latest adopted HCM. d. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM protocol can be used in obtaining arterial LOS,subject to approval by the City's Traffic Engineer. H, Fiscal. The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019, 32 Your Selections E Chula Vista,CA Page 12 of 22 I. Goal.To implement land uses and activities that generate an adequate tax and revenue base that meets the economic needs of the residents of the City of Chula Vista,with new project development providing self- financing of capital projects. 2. Objectives. a. Monitor the impacts of growth on the City of Chula Vista's fiscal well-being,considering both operating and capital improvement costs and revenues. b. Monitor and update the effectiveness of the development impact fee programs,considering the appropriate and timely use of such.funds. c. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will be available to meet the demands of growth. 3. Threshold Standards. a. Fiscal impact analyses and public facilities financing plans,at the time they are adopted,shall ensure that new development generates sufficient revenue to offset the cost of providing municipal services and facilities to that development, b. The City shall establish and maintain,at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth,consistent with the threshold standards,a development impact ' fee,capital improvement funding,and other necessa ry fund i ng programs c mechanisms. i 4. Implementation Measures. I a. Use fiscal impact analyses(FIA)and public facility financing plans(PFFPs)to evaluate and ensure that new development requiring the preparation of an SPA plan,or equivalent,pursuant to Chapter 19.48 CVMC,contribute to the City's fiscal well-being by generating revenues and related economic activity that, at a minimum,offset the cost of providing municipal services for the new development. b. The GMOC shall be provided with an annual fiscal impact report that provides an evaluation of the impacts of growth on the City in terms of operations and capital improvements.This report should evaluate actual growth over the previous 12-month period,as well as projected growth over the next five-year period. c. The GMOC shall be provided with an annual development impact fee report,which provides an analysis of development impact fees collected and expended aver the previous 12-month period and projected for expenditure for projects included within the DIF programs.(Ord.3339§3,2015), 19.09.050 Threshold standards for external facilities and services. A. Air Quality and Climate Protection. 1. Goal,To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. The Chula Vista Municipal code is current through Ordinance 3466,passed November 12,2019. 33 Your Selections I Chula Vista,CA Page 13 of 22 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level,the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy(RAQS),California's Global Warming Solutions Act of 2006(AB32),and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality,the City shall endeavor to locally mitigate any new stationary source development project's criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard.The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following,subject:to the discretion of the Development Services Director: a. Residential projects of 56 or more residential dwelling units; b. Commercial projects of 12 or more acres(or equivalent square footage); c. Industrial projects of 24 or more acres(or equivalent square footage);or d. Mixed use projects of 50 equivalent dwelling units or greater. 4. Implementation Measures. a. In order to determine compliance with the air quality and climate protection threshold standard,City staff shall provide the GMOC with an annual report that evaluates the City's progress toward adherence with relevant federal,state,regional,and local air quality improvement strategies,regulations,and programs.The report shall include the following: i. An overview and evaluation of local development projects approved during the prior year identifying compliance levels and progress towards meeting the air quality and climate protection threshold standard. ii. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on updated state and federal standards,as applicable. iii. Additional information on non-development activities being undertaken by the City that contribute to meeting or furthering the air quality and climate protection threshold standard, including the City's most recent greenhouse gas emissions inventory. b. After the City prepares an annual evaluation report,it shall provide a copy of the report to the Air Pollution Control District(APCD)for its response.The APCD should provide the City with a report on overall regional and local air quality conditions,the status of regional air quality improvement implementation efforts under the Regional Air Quality Strategy and related federal and state programs, The Chula Vista Municipal Code is current through Ordinance 3455,passed November 12,2019. 34 Your Selections I Chula Vista,CA Page 14 of 22 and the effect of those efforts/programs on the City of Chula Vista and local planning and development activities. c. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate protection implementation measures,either locally, regionally or both,it may issue a statement of concern in its annual report, B. Schools. 1. Goal.To ensure that the Chula Vista Elementary School District(CVESD)and Sweetwater Union High School District(SUH5D) have the necessary school sites,infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner, 2. Objective, Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. 3. Facility Muster Plan.The GMOC will request updates of the school districts'facility master plans or equivalent documents that define the schools'essential facility needs necessary to provide adequate physical accommodation. 4. Threshold Standard.The City shall annually provide the Chula Vista Elementary School District(CVESD)and the Sweetwater Union High School District(SUHSD)with the City's annual five-year residential growth forecast and request an evaluation of their ability to accommodate forecasted growth,both Citywide and by subarea. Replies from the school districts should address the following: l { 1 a. Amount of current classroom and"essential facility"(as defined in the facility master plan)capacity now used or committed; 1- i b. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; c. Evaluation of funding and site availability for projected new facilities identified;and d. Other relevant information the school districts}desire(s)to communicate to the City and the Growth Management Oversight Commission(GMOC), 5. implementation Measure. Should the GMOC determine that a capacity problem exists with respect to physically accommodating students,either currently or within the next five years,it may issue a statement of concern in its annual report.The annual report shall be provided to both school districts,with follow-up,to assure appropriate response. C. Water. 1. Goal.To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. 2. Objectives. The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. —3 5— Your Selections J Chula Vista,CA Page 15 of 22 a. Ensure that adequate storage,treatment and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply,conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards, a. Adequate water supply must be available to serve new development.Therefore,developers shall provide the City with a service availability letter from the appropriate water district for each project. b. The City shall annually provide the San Diego County Water Authority,the Sweetwater Authority and the Otay Municipal Water District with the City's annual five-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth.Replies should address the following: i. Water availability to the City,considering both short-and long-term perspectives. ii. Identify current and projected demand,and the amount of current capacity,including storage capacity, now used or committed. iii. Ability of current and projected facilities to absorb forecasted growth. iv. Evaluation of funding and site availability for projected new facilities. v. Other relevant Information the district(s)desire to communicate to the City and the Growth Management Oversight Commission(GMOC), 4. Implementation Measure. Should the GMOC determine that a current or potential problem exists with respect to water, it may issue a statement of concern in its annual report.(Ord,3339§3,2015), 19.09.060 Amendments and supplemental threshold standards. These standards maybe amended from time to time on approval by the City Council.(Ord.3339§3,2015), 19.09.070 Moratorium on building permits allowed. A. Imposing Temporary Limits on Building Permits. The City Council may,by ordinance, impose a limit on building permits for construction of residential and/or nonresidential development after making specific findings as to the health,safety and welfare concerns of continued development,as set forth in subsection(B)of this section. B. Findings Required. Prior to adopting an ordinance imposing a limit on building permits,the City Council shall consider making one or more of the following findings: The Chula Vista Municipal Code is current through Ordinance 3456,passed November 12,2019. —36 I I Your Selections I Chula Vista,CA Page 16 of 22 1, That continued development will make it unlikely for the intent of the growth management program to be achieved,as expressed by the Growth Management Element of the General Plan and this chapter. 2. That continued development will cause deterioration of the City's quality of life,and compromise the health,safety and welfare in the City of Chula Vista. 3. That continued development will strain the Citys fiscal resources and ability to deliver high quality services to all its residents. C. Procedures for Implementing Limits on Building Permits. if the City Council makes the necessary required findings to impose a limit on building permits,then it shall adopt an ordinance that specifies: 1, Area where the moratorium applies; 2. Duration of the moratorium{wren it begins and ends}; 3. Any exemptions or exceptions or conditions.These shall be consistent with the overall objectives of the City action and broader land use policy.Exemptions could include"affordable"housing units(units sold or rented at below market rates to meet the City's Housing Element requirements).Exceptions might include units that have been allocated as part of a separate agreement(e.g.,a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely; and 5. How the building permits shall be allocated.(Ord.3339§3,2015), F F P F 19.09.080 Requirement for public facilities finance plans (PFFP), air quality F improvement plans, and water conservation plans. A. Public Facilities Financing Plans. No application for an SPA plan,or,if an SPA plan is not required,no application for a tentative map,shall be deemed compete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City;or 2. A PFFP,that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities,infrastructure and service needs warranting the preparation of a PFFP. B, Air Quality Improvement Plans, No application for an SPA plan,or,if an SPA plan is not required,no application for a tentative map,shall be deemed complete or accepted for review unless: 1. It is accompanied by an air quality improvement plan that has been approved by the City;or 2. An air quality improvement plan,that includes the project,has already been initiated;or The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. —37— Your Selections j Chula Vista,CA Page 17 of 22 3. The applicant initiates the preparation of an air quality improvement plan in such form and/or containing such information,including maps,drawings,diagrams,etc.,as the City Development Services Director shall require. The required contents of an air duality Improvement plan are outlined in Appendix A of the City's Growth Management Implementation Manual,as may be amended from time to time. C. Water Conservation Plans. No application for an SPA plan,or,if an SPA plan is not required,no application for a tentative map,shall be deemed complete or accepted for review unless; 1. It is accompanied by a water conservation plan that has been approved by the City;or 2. A water conservation plan,that includes the project,has already been initiated;or 3. The applicant initiates the preparation of a water conservation plan in such form and/or containing such information,including maps,drawings,diagrams,etc.,as the City Development Services Director shall require. The required contents of a water conservation plan are outlined in Appendix B of the Citys Growth Management Implementation Manual,as may be amended from time to time. D. No.SPA plan,nor any tentative map,shall be approved,or deemed approved,without an approved PFFD,an approved air quality improvement plan and an approved water conservation plan.To provide consistency and implementation of said plans,the City Council may impose any condition to the approval of an SPA plan or tentative map necessary to implement the PFFD,the air quality improvement plan,the water conservation plan, the growth. management program,or the facility master plans. E, No final map shall be approved until all the conditions of the PFFP,the air quality improvement plan and the water conservation plan have been met,or the project applicant has provided adequate security to the City that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the City Council finds that the project is consistent with an approved PFFP,an air quality improvement plan,and a water conservation plan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP,the air quality improvement plan and the water conservation plan and all applicable fees,including, but not limited to, development impact fees,traffic impact fees, drainage fees,school fees, park fees,sewer fees,water fees,or other development fees adopted by the City Council,have first been paid or provision for their payment has been made to the satisfaction of the City Council. H. No development shall occur in a PFFP area if the demand for any public facilities,infrastructure and services exceeds capacity and it is not feasible to Increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the City's phasing schedule.(ard.3339§3,2015). I The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019, — 3$ — I Your Selections I Chula Vista,CA Page 18 of 22 99.09.090 Public facilities finance plan (PFFP) contents. The required contents of a public facilities finance plan(PFFP),including a fiscal impact analysis,are outlined in Appendix C of the City's Growth Management Program Implementation Manual,as may be amended from time to time.The fiscal analyslsleconomic impact report shall be provided for each proposed project and the project shall be conditioned to provide funding for periods where expenditures exceed projected revenues.(Ord.3339§3, 2015), 19.09. 100 Public facilities finance plan (PFFP) preparation. A. A PFFD,an air quality improvement plan,and a water conservation pian maybe processed concurrently with the SPA plan or tentative map. B. A PFFP maybe initiated by filing an application with the Development Services Director,The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a project shall be prepared by the City,or a consultant selected by the City,according to the procedures established by this chapter. I D. The cost of PFFP preparation shall be advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation.(Ord.3339§3,2015), 19.09.110 Public facilities finance plan (PFFP) review. !! PFFPs shall be reviewed according to the following procedure: i A. A completed PFFP complying with this chapter,and accompanied by a processing fee in an amount established by City Council resolution,may be submitted to the Development Services Director for processing.If the Development Services Director determines that the plan complies with the provisions of this chapter,the Director shall accept the PFFP for review.Once the PFFP has been reviewed and complies with the provisions of this chapter,it shall be set for public hearing before the Planning Commission together with the accompanying development plan. B, The hearing shall be noticed according to the provisions of CVMC 19,12.070.A staff report containing recommendations on the PFFP shall be prepared and furnished to the public,the applicant,and the Planning Commission prior to the hearing. C. The Planning Commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the City Council.The action of the Commission shall be filed with the City Clerk, and a copy shall be mailed to the applicant. D, When the Planning Commission action is filed with the City Clerk,the Clerk shall set the matter for public hearing before the City Council.The hearing shall be noticed according to the provisions of NMC 19.12,070. The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. — 39— Your Selections I Chula Vista,CA Page 19 of 22 E. The City Council shall hear the matter,and after considering the findings and recommendations of the Planning Commission,may approve,conditionally approve,or deny the plans.The City Council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in City ordinances in order to implement the growth management program,the facility master plans and the PFFP. F. A PFFP maybe amended following the same procedures for the original adoption.(Ord.3339§3,2015). 19.09.120 Public facilities finance plan (PFFP) implementation. A. The Development Services Director shall ensure that PFFPs are prepared for all SPA pians and tentative maps or equivalent projects pursuant to Chapter 19.48 CVMC. D. In the event that the Development Services Director or his designee finds that the project is not Insubstantial compliance with the PFFP as modified or amended,the developer may be deemed to be in default and continued issuance of building or development permits may be affected.(Ord.3339§3,2015). 19.09.130 Public facilities finance plan (PFFP) amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Development Services Director, pursuant to NMC 19.09.110,determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area,then development shall cease or be metered until a remedy is implemented.If the Development Services Director determines that such events or changed circumstances adversely affect the health,safety or welfare of the City,the City may require the amendment,modification,suspension,or termination(hereinafter"change")of an approved PFFP. If the City requires such change,the City shall(1)give notice to applicant or owner of(a)the Citys intended action to change the PFFP,and(b)the reasons and factual basis for the City's determination;(2)give notice to the applicant or owner,at least 30 days prior to the hearing date,of the time and place of the hearing;and(3)hold a City Council hearing on the determination,at which hearing the applicant or owner shall have the right to present witnesses, reports,and oral and written testimony:Prior to approving any change,the City shall find that(1)the circumstances were unknown or that the circumstances have changed;and(2)the health,safety or welfare of the community requires the change of the PFFP.This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property, If,after notice and hearing,the Council determines that a deficiency exists,then no further building or development permits shall be issued within the affected area and development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at anytime if,in its discretion,it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance.(Ord.3339§3,2015), The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. -40- Your Selections I Chula Vista,CA Page 20 of 22 19.09.140 Exceptions and exclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the City and a developer. B. Exclusions. Development projects which consist of facilities or structures constructed by a city,county,special district,state,or federal government or any agency,department,or subsidiary thereof forgovern mental purposes are excluded from the provisions of this chapter.To the extent that the City has authorltyto regulate such development projects,such projects shall not be exempt.For example,any private development occurring on land leased from a public agency would not be exempt.This exclusion shall not apply to development projects to which a possessory interest tax would be applicable.(Ord.3339§3,2015), 19.49.150 Extensions of prior approvals. After approval of an applicable PFFD for a development project,an extension of the expiration date of a tentative map may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the City deems appropriate or necessary to make the ' 1 tentative map conform to the PFFP and the growth management program,including, but not limited to, requiring the developer to submit any information,studies, plans and diagrams to show compliance with the applicable t PFFP,(Ord,3339§3,2015), i g i 19.09.150 Obligation to pay fees or install facilities required by any other law. f Nothing in this chapter shall be construed as relieving a builder,developer or subdivider from any requirement to provide public facilities,to dedicate property or to pay fees,which requirement is imposed pursuant to this title or pursuant to any City Council policy.(Ord.3339§3, 2015). 19.09.170 Implementing procedures. The City Council may adopt any procedures it deems necessary to implement this chapter,including procedures for administering the growth management program or facility master plans,(Ord.3339§3,2015). 19.09.180 Council actions, fees, notice. A. Whenever this chapter requires or permits an action or decision of the City Council,that action or decision shall be accomplished by resolution andlor ordinance, as appropriate. The Chula Vista Municipal Code is current through ordinance 3466,passed November 12,2019. - 41 - Your Selections I Chula Vista,CA Page 21 of 22 B, The City Council shall establish application and processing fees for the submission and processing of public facilities financing plans(PFFPs). C. Whenever written notice is required to be given to property owners under this chapter,the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll,(Ord.3339§3,2015). 19.09.190 Severability. If any section,subsection,sentence,clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competentjurisdiction,such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter.The City Council declares that it would have passed the ordinance codified in this chapter,and each section,subsection,sentence,clause and phrase thereof,irrespective of the fact that any part thereof be declared invalid or unconstitutional,(Ord.3339§3, 2015). 19.09.200 Facility master plans. The City shall maintain a series of facility master plans,as may be amended from time to time,for infrastructure and services throughout the City that regard the threshold standards 1n this chapter,including, but not limited to, police,fire and emergency services, libraries, parks and recreation,wastewater,drainage and circulation. In anticipation of service demands,these master plans shall contain an analysis of existing facilities,existing and projected demand,and proposed maintenance and capital improvement projects.They shall also identify financing plans to accomplish identified improvements.(Ord.3339§3,2015). * Prior legislation: Ords.2448,2486,2748,2790,2859 and 2860. 1 Priority 1 -Emergency calls are life-threatening calls;felony 1n progress; probability of injury(crime or accident);robbery or panic alarms;urgent cover calls from officers.Response:Immediate response by two officers from any source or assignment, immediate response by paramedics/fire if injuries are believed to have occu rred. 2 Priority 2-Urgent calls are misdemeanor in progress; possibility of injury;serious non-routine calls(domestic violence or other disturbances with potential for violence); burglar alarms. Response:Immediate response by one or more officers from clear units or those on interruptible activities(traffic,field interviews,etc.). The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019, -42 - Your Selections f Chula Vista,CA Page 22 of 22 The Chula Vista Municipal Code is current through Ordinance 3466, passed November 12,2019. Disclaimer:The City Clerk's Office has the official version of the Chula Vista Municipal Code.Users shoufd contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Website:www.ch4ilayistaca.gov Cade Publishing Company f i i The Chula Vista Municipal Code is current through Ordinance 3466,passed November 12,2019. 43