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HomeMy WebLinkAbout2022/09/13 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, September 13, 2022, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings Cox channel 24 in English only Welcome to your City Council Meeting PUBLIC COMMENTS: Public comments may be submitted to the City Council in the following ways: In-Person. The community is welcome to make public comments at this City Council meeting. Masks or face coverings are recommended in Council Chambers and all City conference and meeting rooms. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov. • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor opens the public hearing and asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. 2022/09/13 City Council Post Agenda Page 2 of 809 PROCLAMATIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1.Presentation by Claire Lion and Clovis Honore of GRID Alternatives Regarding a Solar Energy Program for Low-Income Residents 7 5.CONSENT CALENDAR (Items 5.1 through 5.5) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and Item 5.5 The headings were read, text waived. The motion carried by the following vote: 5.1.Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2.Consideration of Requests for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.3.Contract Award and Appropriation: Award a Contract for the “Installation of Lead Pedestrian Interval Signal Operations (TRF0418)” Project to Baker Electric & Renewables and Appropriate Funds for that Purpose 24 Report Number: 22-0232 Location: No specific geographic location Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15303 class 3 (New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt a resolution accepting bids, awarding a contract for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project to Baker Electric & Renewables, and appropriating $200,000 for that purpose. (4/5 Vote Required) 2022/09/13 City Council Post Agenda Page 3 of 809 ITEM REMOVED FROM CONSENT CALENDAR 5.4.Deed Restrictions: Approve Deed Restrictions on Park Properties as Required as Conditions of Grant Awards 33 Report Number: 22-0234 Location: Rohr Park, 4548 Sweetwater Road, 91902, and Rancho Del Rey Park, 1311 Buena Vista Way, 91910 Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). RECOMMENDED ACTION: Item was pulled from the agenda by request of staff. 5.5.Purchase Agreement: Approve Agreement with So Cal Penske Dealer Group for Ford Interceptor Utility Hybrid Vehicles 58 Report Number: 22-0247 Location: No specific geographic location Department: Police 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. RECOMMENDED ACTION: Adopt a resolution approving an agreement with So Cal Penske Dealer Group to purchase nineteen Ford Interceptor Utility Hybrid vehicles. 6.PUBLIC COMMENTS 77 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 7.1.General Plan Update: Approve Amendments to the Housing Element Update of the General Plan for the 2021-2029 Planning Period 91 Report Number: 22-0242 Location: No specific geographic location Department: Development Services Environmental Notice: The Project was adequately covered in previously adopted Negative Declaration, IS 20-0004 for the 2021 Housing Element Update of the General Plan for the 2021-2029 Planning Period. 2022/09/13 City Council Post Agenda Page 4 of 809 RECOMMENDED ACTION: To adopt Resolution No. 2022-208, heading read, text waived. The motion carried by the following vote: 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 8.1.Affordable Housing Policy: Consider Amendments to the Guidelines to the Balanced Communities Policy to Remove Exemptions and Variances from the Policy 556 Report Number: 22-0210 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2022-209, heading read, text waived. The motion carried by the following vote: 8.2.Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista 605 Report Number: 22-0189 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Place an ordinance on first reading amending Chula Vista Municipal Code chapter 5.56, Tobacco Retailer, to prohibit the sale of flavored tobacco products within the City of Chula Vista. (First Reading) 9.CITY MANAGER’S REPORTS 805 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 2022/09/13 City Council Post Agenda Page 5 of 809 13.1.Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(c): One Case 14.ADJOURNMENT 809 to the regular City Council meeting on September 20, 2022, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. 2022/09/13 City Council Post Agenda Page 6 of 809 Do you pay more than you can afford for electricity? You might qualify for a statewide program to help you save on your energy bills. THE ENERGY FOR ALL PROGRAM WILL HELP YOU: • Save money • Invest in your home • Bring clean power to your neighborhood • Be a clean energy leader in your community Savings for you, clean power for your community. GRID Alternatives San Diego 930 Gateway Center Way • San Diego, CA 92102 GRID Alternatives is a fully licensed solar contractor, California License #867533 If you own your home and are at or below these income requirements, you can save up to 80% on your electric bill! Disadvantaged Communities - Single-Family Solar Homes (DAC-SASH) program is overseen by the California Public Utilities Commission and administered by GRID Alternatives through the Energy for All Program. GRID Alternatives is a community-based nonprofit organization with offices throughout California. Helping You and Your Neighbors Hasain Rasheed Photography Do you qualify? 1-2 3 4 5 6 7 $36,620 $57,575 $69,375 $81,175 $92,975 $104,775 Household limits will update 6/1/23. Contact ustoday and find out if you qualify for our energysavings program: Call866-921-4696 Or visitEnergyForAllProgram.org 'VOEJOHJTBWBJMBCMFXJUIJOUIFSFEBSFBTPGUIJTNBQ 2022/09/13 City Council Post Agenda Page 7 of 809 ¿Usted Califi ca? EL PROGRAMA DE ENERGY FOR ALL LE AYUDARA: •A ahorrar dinero •Invertir en su casa •Traer energía limpia a su comunidad •Ser un lider de energia limpia Savings for you, clean power for your community. Si es dueño de su casa y sus ingresos están al o debajo de los requisitos, podría ahorrar hasta un 80% de su cuenta de energía! Disadvantaged Communities - Single-Family Solar Homes (DAC-SASH) program es supervisado por la Comisión de Servicios Públicos de California y administrado por GRID Alternatives a través del programa Energy for All (Energía para Todos). GRID Alternatives es una organización comunitaria sin fines de lucro con oficinas a lo largo y ancho de California. Ayudándolos a Ustedes y a sus Vecinos 1-2 3 4 5 6 7 $36,620 $57,575 $69,375 $81,175 $92,975 $104,775 PERSONAS EN SU HOGAR INGRESO ANUAL DE SU HOGAR Los límites de los hogares se actualizaran el 1 de junio de 2023. Hasain Rasheed Photography GRID Alternatives San Diego 930 Gateway Center Way • San Diego, CA 92102 ¿Paga más de lo que puede pagar por la electricidad 1VFEFDBMJGJDBSQBSBVOQSPHSBNBFTUBUBMQBSB SFEVDJSTVDVFOUBEFFOFSHÓB Contactenos hoy y averigüe si califica para nuestro programa de ahorro de energía: Llame al 866-921-4696 O visite EnergyForAllProgram.org/es )BZGPOEPTEJTQPOJCMFTEFOUSPEFMBTÈSFBTSPKBTEFMNBQB (3*%"MUFSOBUJWFTFTVODPOUSBUJTUBEFFOFSHÎBTPMBSQMFOBNFOUFBVUPSJ[BEP DPOOÙNFSPEFMJDFODJBEF$BMJGPSOJB 2022/09/13 City Council Post Agenda Page 8 of 809 Energy for All Program GRID Alternatives San Diego Claire Lion, Outreach & Clean Mobility AssistantClovis Honore, Senior Outreach Coordinator 2022/09/13 City Council Post Agenda Page 9 of 809 Your Outreach Team! Evelyn Blanco Maisha Kudumu Stanford MorrisonClovis Honoré Claire Lion 2022/09/13 City Council Post Agenda Page 10 of 809 Our motto: 1.People/Personas: Income qualified homeowners 2.Planet/Planeta: GRID solar electric systems 3.Employment/Empleos: Hands-on training opportunities 2022/09/13 City Council Post Agenda Page 11 of 809 GRID Alternatives ●Non-profit organization based in Oakland, California ●No or low-cost solar ●Workforce development -hands on training for those interested in clean energy, green jobs, solar careers ●Clean Mobility, Storage, and other projects based on need & funding ●Policy and Advocacy Work ●www.gridalternatives.org 2022/09/13 City Council Post Agenda Page 12 of 809 ➢GRID Alternatives' vision is a successful transition to clean, renewable energy that includes everyone. Our mission is to make renewable energy technology and job training accessible to communities of concern. Who we are: 2022/09/13 City Council Post Agenda Page 13 of 809 Our Impact 2021 Impact Report 2022/09/13 City Council Post Agenda Page 14 of 809 Outreach and Marketing We do one or all of the following, depending on the region: ∙Referrals from friends/family/neighbors ∙Community events:ongoing and 1-time events ∙Co-marketing partnership with utilities (in more recent years) ∙Local CBO leads and partnerships,some more successful than others ∙Affordable housing developer relationships and buy-in 2022 Juneteenth Celebration Health & Resource Fair @ Jackie Robinson YMCA2022/09/13 City Council Post Agenda Page 15 of 809 Opportunities: Chula Vista ●DAC-SASH ○Restricted to: CalEnviroscreen Areas ●Leon Lowenstein Foundation Funding ○Multi-Family Project Underway ■Palomar Apartments ○Single Family Projects ■9-12 homes or a total of 36 kW 2022/09/13 City Council Post Agenda Page 16 of 809 DAC-SASH Program Disadvantaged Communities –Single-Family Solar Homes Our Single-Family Solar Program: ●Provides no-cost solar systems to homeowners that qualify as low income. ●Reduces household electricity costs by up to 80%. ●Provides an opportunity for community members and job trainees to get hands-on experience with solar power installation. 2022/09/13 City Council Post Agenda Page 17 of 809 Qualifying for the DAC-SASH Program To qualify, the homeowner must: ●Own the home ●Live in the home ●The home’s roof, electrical panel, shading must be solar ready ●Be under the Income Limits (see next slide) 2022/09/13 City Council Post Agenda Page 18 of 809 QualifyingHousehold Income (maximum incomes) 2022/09/13 City Council Post Agenda Page 19 of 809 DAC-SASH Map (CalEnviroscreen 4.0) 2022/09/13 City Council Post Agenda Page 20 of 809 Refer a Friend Rewards Program (DAC-SASH PROGRAM ONLY) Tell your family & friends about the Energy for All Program, and earn a $200 reward for every person you refer who goes solar with GRID! www.energyforallprogram.org/refer $200 2022/09/13 City Council Post Agenda Page 21 of 809 Questions? 2022/09/13 City Council Post Agenda Page 22 of 809 Thank you! www.EnergyforAllProgram.or g GRID Alternatives San Diego 930 Gateway Center WaySan Diego, CA 92102 1-866-921-4696 sdoutreach@gridalternatives.org 2022/09/13 City Council Post Agenda Page 23 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE Contract Award and Appropriation: Award a Contract for the “Installation of Lead Pedestrian Interval Signal Operations (TRF0418)” Project to Baker Electric & Renewables and Appropriate Funds for that Purpose Report Number: 22-0232 Location: No specific geographic location Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action Adopt a resolution accepting bids, awarding a contract for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project to Baker Electric & Renewables, and appropriating $200,000 for that purpose. (4/5 Vote Required) SUMMARY On July 13th, 2022, the Director of Engineering and Capital Projects received four (4) sealed bids for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project (“Project”). This resolution, if approved, would: 1) accept bids; 2) appropriate $200,000 from the available balance of the Transportation DIFs Fund to CIP TRF0418; and 3) award the contract for this project to Baker Electric & Renewables in the amount of $1,345,924. 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 Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15303 class 3 (New Construction or Conversion of Small Structures) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway , or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. 2022/09/13 City Council Post Agenda Page 24 of 809 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Capital Improvement Program (“CIP”) Project scope of work includes signal modifications at 54 existing signalized intersections that include signal retiming to allow a lead time for pedestrian crossings. The proposed improvements also include the installation of upgraded signal controllers, pedestrian push buttons, blank-out signs, vehicle and bicycle loop and camera detection, pavement markings, and street signs. The Project is a federally funded project in the Highway Safety Improvement Program administered by Caltrans. Bidding Process On May 27, 2022, Engineering and Capital Projects Staff advertised the Project and received four (4) sealed bids on July 13, 2022. The base bid totals from the prime contractors were as follows: Ranking Contractor Base Bid Amount 1 Baker Electric & Renewables, LLC $ 1,345,924.00 2 HMS Construction, Inc. $ 1,350,000.00 3 Southwest Traffic Signal Service, Inc. $ 1,436,492.63 4 Select Electric, Inc. $ 1,489,984.00 The apparent low bid by Baker Electric & Renewables LLC of $1,345,924 is $171,284 (approximately 15%) above the Engineer's estimate of $1,174,640. Contractor is currently an active licensed Class “A”, General Engineering Contractor (License No. 161756) and has performed similar work in the region with satisfactory performance. Staff recommends awarding CIP TRF0418 to Baker Electric & Renewables, LLC. Disclosure Statement Attachment 1 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors will be required to pay prevailing wages to persons employed by them for work under this Project contract. The prevailing wage scales are those determined by the U.S. Federal Department of Labor Relations (Davis-Bacon) and those determined by the Department of Industrial Relations. The Contractor is obligated to pay the higher of the two wage determinations (hourly rate plus fringe benefits) for each applicable craft or classification. 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 of the City Council members do not create a disqualifying real 2022/09/13 City Council Post Agenda Page 25 of 809 P a g e | 3 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 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 Approval of this resolution will appropriate $200,000 from the Transportation DIFs Fund to TRF0418 and initiate the construction phase of the Project. Sufficient funds are available in the Transportation DIFs Fund for said transfer; therefore, there is no additional impact to the Transportation DIFs Fund. Funds Required for Construction (TRF0418) A. Contract Amount $1,345,924 B. Contract Contingency $217,076 C. Construction Engineering Staff Cost $470,000 Total Funds Required for Construction $2,033,000 Available Funding (TRF0418) A. Project Balance $1,833,000 B. Appropriate Funds (Transportation DIF) $200,000 Total Funds Available for Construction $2,033,000 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine maintenance. ATTACHMENTS 1. Disclosure Statement 2. Project Location Map Staff Contact: David Hicks, Associate Civil Engineer 2022/09/13 City Council Post Agenda Page 26 of 809 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “INSTALLATION OF LEAD PEDESTRIAN INTERVAL SIGNAL OPERATIONS (TRF0418)” PROJECT TO BAKER ELECTRIC & RENEWABLES; AND APPROPRIATING FUNDS THEREFOR WHEREAS, section 2.56.160 of the Chula Vista Municipal Code authorizes the City to contract for public works; and WHEREAS, on May 27, 2022, the Department of Engineering and Capital Projects solicited bids for the “Installation of Lead Pedestrian Interval Signal Operations (TRF0418)” project in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on July 13, 2022, the Director of Engineering and Capital Projects received four (4) sealed bids for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project; and WHEREAS, the apparent low bid for the project was submitted by Baker Electric & Renewables LLC in the amount of $1,345,924, which is above the Engineer’s estimate of $1,174,64 by $171,284 (approximately 15% above the Engineer's estimate); and WHEREAS, staff has determined that the bid submitted by Baker Electric & Renewables LLC is responsive in all material respects to the bid specifications and requirements, and that Baker Electric & Renewables LLC is the lowest responsible bidder; and WHEREAS, staff recommends awarding the contract to Baker Electric & Renewables LLC in the amount of $1,345,924. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Accepts bids for the “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project. 2. Appropriates $200,000 from the available balance of the Transportation DIFs Fund to TRF0418. 3. Awards the public works contract for “Installation of Lead Pedestrian Interval Traffic Signal Operations (TRF0418)” project to Baker Electric & Renewables LLC in the amount of $1,345,924. 2022/09/13 City Council Post Agenda Page 27 of 809 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering and Capital Projects City Attorney 2022/09/13 City Council Post Agenda Page 28 of 809 2022/09/13 City Council Post Agenda Page 29 of 809 2022/09/13 City Council Post Agenda Page 30 of 809 2022/09/13 City Council Post Agenda Page 31 of 809 CITY OF CHULA VISTA BUDGET AMENDMENT DETAIL FORM (To be submitted by 5pm, the Wednesday, 13 days prior to Council meeting) (one form per item) FOR MEETING DATE SUBMITTED BY: Bob EXT. 1965 DEPARTMENT: PW Dept / Engineering FY’22 Budget Amendment Amount TRF0418-590354-INFRASTR $200,000 2022/09/13 City Council Post Agenda Page 32 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE Deed Restrictions: Approve Deed Restrictions on Park Properties as Required as Conditions of Grant Awards Report Number: 22-0234 Location: Rohr Park, 4548 Sweetwater Road, 91902, and Rancho Del Rey Park, 1311 Buena Vista Way, 91910 Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land). Recommended Action Adopt resolutions A) authorizing a deed restriction for the Rohr Park property as required as a condition of the Per Capita Grant award through Proposition 68; and B) authorizing a deed restriction for the Rancho Del Rey Park property as required as a condition of the Per Capita Grant award through Proposition 68. SUMMARY The City of Chula Vista was awarded $177,952 in grant funds from the State of California. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. One project is to provide additional improvements to the jogging pathway at Rohr Park. The second project is to install solar lighting along the pathway at Rancho Del Rey Park. The grant awards require deed restrictions on the titles to the properties to safeguard the properties for purposes consistent with the grant through June 30, 2048. 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 Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), and Section 15304 Class 4 (Minor Alterations to Land) 2022/09/13 City Council Post Agenda Page 33 of 809 P a g e | 2 because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION This Per Capita program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by California voters on June 5, 2018. Funds were available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. The total allotment of Per Capita Grant funds to the City of Chula Vista is $177,952 and City Council authorized the applications for projects at Rancho Del Rey Park and Rohr Park on December 7, 2021. The project at Rancho Del Rey Park is to improve the asphalt pathway spine throughout the park, provide ADA access to the playground and gazebo, and install solar lighting along the pathway illuminating the park after sunset. This project is to improve park lighting at this location as well as the asphalt pathway. The project at Rohr Park will supplement an existing project identified in the Measure P spending plan to improve the jogging path around the park. The project will include improving drainage along the southwestern section near the housing complex, improved surface grading, signage, stretch stations, benches, and solar lighting. The jogging path at Rohr Park is the most used park asset in the City of Chula Vista. Both grant approvals are subject to, among other conditions, recordation of a deed restriction on the Property for each site location. The deed restrictions are to ensure that the properties will be used for purposes consistent with the grant through June 30, 2048 (See Attachment 1: Grant Contract; Attachment 3: Deed Restriction Form – Rohr Park; Attachment 5: Deed Restriction Form – Rancho Del Rey Park). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. 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 2022/09/13 City Council Post Agenda Page 34 of 809 P a g e | 3 There is no fiscal impact to the General Fund with these actions. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund with these actions. ATTACHMENTS 1. Grant Contract 2. Exhibit A - Legal Description of Property (Rohr Park) 3. Deed Restriction Form – Rohr Park 4. Exhibit B - Legal Description of Property (Rancho Del Rey Park) 5. Deed Restriction Form – Rancho Del Rey Park Staff Contact: Tim Farmer, Parks & Recreation Administrator Tracy Lamb, Director of Community Services 2022/09/13 City Council Post Agenda Page 35 of 809 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A DEED RESTRICTION TO THE ROHR PARK PROPERTY AS REQUIRED AS A CONDITION OF THE GRANT AWARD FOR THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACT OF 2018 PER CAPITA PROGRAM WHEREAS, the City of Chula Vista (“City”) is the recorded owner of the real property described in Exhibit A, which is attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the California Department of Parks and Recreation (“DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (“PRC”); and WHEREAS, the City was awarded $177,952 in grant funds from the State of California pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks Bond Act; and WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-027 (“Grant”) to install fitness and stretch stations, solar lighting, signage, and provide additional improvements to the jogging pathway at Rohr Park, subject to, among other conditions, recordation of a deed restriction on the Property; and WHEREAS, but for the imposition of the deed restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program, and the funds that are subject of the Grant could therefore not have been allocated; and WHEREAS, the City has elected to comply with the deed restriction condition of the Grant so as to enable the City to receive the Grant funds and perform the work described in the Grant; and WHEREAS, the deed restriction shall remain in full force and effect and shall bind the City of Chula Vista for the period running from July 1, 2018 through June 30, 2048. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista that in consideration of the issuance of the Grant funds by DPR, it authorizes the execution of a deed restriction to the title of the Property for Rohr Park in the manner and form as attached hereto and by reference made a part hereof, subject to such minor modifications as may be required or approved by the City Attorney, and authorizes the City Manager or designee to execute the deed restriction. 2022/09/13 City Council Post Agenda Page 36 of 809 Presented by Approved as to form by Tracy Lamb Glen R. Googins Director of Community Services City Attorney 2022/09/13 City Council Post Agenda Page 37 of 809 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A DEED RESTRICTION TO THE RANCHO DEL REY PARK PROPERTY AS REQUIRED AS A CONDITION OF THE GRANT AWARD FOR THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACT OF 2018 PER CAPITA PROGRAM WHEREAS, the City of Chula Vista (“City”) is the recorded owner of the real property described in Exhibit A, which is attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the California Department of Parks and Recreation (“DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (“PRC”); and WHEREAS, the City was awarded $177,952 in grant funds from the State of California pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All of 2018 Parks Bond Act; and WHEREAS, on July 1, 2021, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-026 (“Grant”) to renovate existing paths, provide ADA access to the playground and gazebo, and install solar lighting at Rancho Del Rey Park, subject to, among other conditions, recordation of a Deed Restriction on the Property; and WHEREAS, but for the imposition of the deed restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program, and the funds that are subject of the Grant could therefore not have been allocated; and WHEREAS, the City has elected to comply with the deed restriction condition of the Grant so as to enable the City to receive the Grant funds and perform the work described in the Grant; and WHEREAS, the deed restriction shall remain in full force and effect and shall bind the City of Chula Vista for the period running from July 1, 2018 through June 30, 2048. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista that, in consideration of the issuance of the Grant funds by DPR, it authorizes the execution of a deed restriction to the title of the Property for Rancho Del Rey Park, in the manner and form as attached hereto and by reference made a part hereof, subject to such minor modifications as may be required or approved by the City Attorney, and authorizes the City Manager or designee to execute the deed restriction. 2022/09/13 City Council Post Agenda Page 38 of 809 Presented by Approved as to form by Tracy Lamb Glen R. Googins Director of Community Services City Attorney 2022/09/13 City Council Post Agenda Page 39 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 5/5/2022 2022/09/13 City Council Post Agenda Page 40 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 41 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 42 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 43 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 44 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 45 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 2022/09/13 City Council Post Agenda Page 46 of 809 DocuSign Envelope ID: C4BA1C3F-8736-4328-A6B7-AE891807433B 5/5/2022 2022/09/13 City Council Post Agenda Page 47 of 809 2022/09/13 City Council Post Agenda Page 48 of 809 1 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Karen Sims SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE DEED RESTRICTION I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program to install fitness/stretch stations, solar lighting, signage, and minor amenities, improve drainage on the Property; and IV. WHEREAS, on July 1, 2020, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-027 , (hereinafter referred to as “Grant”) to install fitness/stretch stations, solar lighting, signage, and minor amenities, improve drainage on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and 2022/09/13 City Council Post Agenda Page 49 of 809 2 VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of 2022/09/13 City Council Post Agenda Page 50 of 809 3 DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated: ______________________, 20 ____ Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 2022/09/13 City Council Post Agenda Page 51 of 809 4 State of California County of _______________ On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2022/09/13 City Council Post Agenda Page 52 of 809 2022/09/13 City Council Post Agenda Page 53 of 809 1 RECORDING REQUESTED BY: California Department of Parks and Recreation Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Karen Sims SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE DEED RESTRICTION I. WHEREAS, the City of Chula Vista (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program to renovate existing paths, provide ADA access to playground & gazebo & install solar lighting on the Property; and IV. WHEREAS, on July 1, 2020, DPR’s Office of Grants and Local Services conditionally approved Grant 18-37-026, (hereinafter referred to as “Grant”) to renovate existing paths, provide ADA access to playground & gazebo & install solar lighting on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act 2022/09/13 City Council Post Agenda Page 54 of 809 2 Per Capita Program and the funds that are the subject of the Grant could therefore not have been granted; and VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors- in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048. 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 2022/09/13 City Council Post Agenda Page 55 of 809 3 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired. Dated: ______________________, 20 ____ Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________ PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 2022/09/13 City Council Post Agenda Page 56 of 809 4 State of California County of _______________ On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 2022/09/13 City Council Post Agenda Page 57 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE Purchase Agreement: Approve Agreement with So Cal Penske Dealer Group for Ford Interceptor Utility Hybrid Vehicles Report Number: 22-0247 Location: No specific geographic location Department: Police 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. Recommended Action Adopt a resolution approving an agreement with So Cal Penske Dealer Group to purchase nineteen Ford Interceptor Utility Hybrid vehicles. SUMMARY On August 5, 2022, the City of Chula Vista issued a Request for Bid (RFB) for nineteen (19) units of 2023 Ford Interceptor Utility Hybrid Vehicles for the Police Department. As a result of the bid process, the City is recommending to select So Cal Penske Dealer Group to purchase the vehicles. 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 in 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2022/09/13 City Council Post Agenda Page 58 of 809 P a g e | 2 DISCUSSION On August 5, 2022, the City of Chula Vista issued Request for Bid (RFB) # B06-2023 for nineteen (19) units of 2023 Ford Interceptor Utility Hybrid Vehicles for the Police Department. As a result of the bid process, the City is recommending to select So Cal Penske Dealer Group to purchase the vehicles. During the bid process, 155 vendors were notified of the bid, and ten vendors downloaded the bid. The following two bids were submitted: Vendor Quantity Item Description Unit Cost Bid Amount So Cal Penske Dealer Group 19 2023 Ford Interceptor Utility Hybrid Vehicle $53,201.10 $1,010,820.90 Fritts Ford 19 2023 Ford Interceptor Utility Hybrid Vehicle $54,970.63 $1,044,441.97 The price offered by So Cal Penske Dealer Group, which is lower of the two bids, appears competitive for current market conditions and with past pricing. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining 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 The $1,010,821 cost of the 19 Ford Interceptor Utility Hybrid Vehicles is already included in the City’s Infrastructure, Facilities and Equipment expenditure plan (Measure P funding) and Public Safety Expenditure Plan (Measure A funding) for fiscal year 2023. Approval of this resolution has no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The ongoing fiscal impact from maintenance and fuel costs will be considered as part of the annual budget development process. ATTACHMENTS Attachment 1: Agreement with So Cal Penske Dealer Group to purchase nineteen (19) Ford Interceptor Utility Hybrid Vehicles Staff Contact: Jonathan Alegre, Police Department 2022/09/13 City Council Post Agenda Page 59 of 809 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING AGREEMENT WITH SO CAL PENSKE DEALER GROUP FOR FORD INTERCEPTOR UTILITY HYBRID VEHICLES WHEREAS, on August 5, 2022, the City of Chula Vista issued Request for Bid (RFB) # B06-2023 for nineteen (19) units of 2023 Ford Interceptor Utility Hybrid vehicles for the Police Department; and WHEREAS, So Cal Penske Dealer Group was selected because they were the lowest bidder at $53,201.10 per vehicle; and WHEREAS, the price offered by Penske Ford appears competitive for current market conditions and with past pricing; and WHEREAS, the total cost for nineteen (19) Ford Interceptor Utility Hybrid vehicles is $1,010,821. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the bid and awards the agreement with So Cal Penske Dealer Group to purchase Ford Interceptor Utility Hybrid vehicles, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Glen R. Googins City Attorney 2022/09/13 City Council Post Agenda Page 60 of 809 1 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH SO CAL PENSKE DEALER GROUP TO PROVIDE NINETEEN (19) 2023 FORD INTERCEPTOR UTILITY HYBRID VEHICLES This Agreement is entered into effective as of September 13, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and So Cal Penske Dealer Group, doing business as Penske Ford, a California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, on August 5, 2022, the City of Chula Vista issued a Request for Bid (RFB) # B06-2023 for nineteen (19) units of 2023 Ford Interceptor Utility Hybrid Vehicles for the Police Department; and WHEREAS, the price offered by So Cal Penske Dealer Group is competitive for current market conditions and with past pricing; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 61 of 809 2 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 62 of 809 3 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 63 of 809 4 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 64 of 809 5 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endo rsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 65 of 809 6 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. Thi s indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. 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 Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 66 of 809 7 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agree ment. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 67 of 809 8 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. 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 San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 68 of 809 9 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the per formance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or an y other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party sha ll be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 69 of 809 10 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 70 of 809 11 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SO CAL PENSKE DEALER GROUP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ KHUSRO AHMED MARY CASILLAS SALAS FLEET MANAGER MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 71 of 809 12 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Avenue, Chula Vista, CA 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: SO CAL PENSKE DEALER GROUP 8970 La Mesa Blvd. La Mesa, CA 91942 (619) 433-6180 kahmed@socalpenske.com For Legal Notice Copy to: [same as above] 2. Required Services A. General Description: Contractor/Service Provider Will Provide Nineteen (19) 2023 Ford Interceptor Utility Hybrid Vehicles. B. Detailed Description: Nineteen (19) 2023 Ford Interceptor Utility Hybrid (K8A) Vehicles as specified below: All-Wheel Drive (AWD) Interior: Charcoal Black, Unique HD Cloth Front Bucket Seats with Vinyl Rear Exterior 1: Agate Black for 18 Vehicles, Oxford White for 1 Vehicle Engine: 3.3L V6 Direct-Injection Hybrid System Transmission: 10-Speed Automatic Other Vehicle Specifications: Front License Plate Bracket DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 72 of 809 13 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 Rear Auxiliary AC Switchable Red/White Lighting in Cargo Area Rear Camera On-Demand Dark Car Feature Order Code 500A Dual (Driver & Passenger) LED Spot Lamps (Whelen) Hidden Door-Lock Plunger BLIS Blind Spot Monitoring with Cross Traffic Alert Keyed Alike – 1284x Noise Suppression Bonds (Ground Straps) Police Perimeter Alert Low-Band Frequency Noise Suppression Kit Underbody Deflector Plate Pre-Collision Assist with Pedestrian Detection Reverse Sensing System Front Console Plate Delete Rear Center Seat Delete Tail Lamp with Police Interceptor Housing Only Rear View Camera 3.73 Axle Ratio White front doors White roof 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September 13, 2022 and end on September 30, 2023 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein required, City shall pay a single fixed fee of $1,010,820.90, upon completion of all Required Services to City’s satisfaction. Description Quantity Unit Price Total Cost 2023 Ford Interceptor Utility Hybrid K8A, 99W/44B/500A 19 $48,799.00 $927,181.00 CA Tire Fee 19 $8.75 $166.25 CA Sales Tax at 8.75% 19 $4,277.35 $81,269.65 Delivery Charge 19 $116.00 $2,204.00 TOTAL COST OF 19 VEHICLES $1,010,820.90 B. Reimbursement of Costs ☒ None, the compensation includes all costs. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 73 of 809 14 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through September 30, 2023 shall not exceed $1,010,820.90. 5. Special Provisions: ☒ Permitted Sub-Contractor/Service Providers: None. ☒ Security for Performance: None. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 74 of 809 15 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: None. DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 75 of 809 16 City of Chula Vista Agreement No.: 2022-145 Service Provider Name: So Cal Penske Dealer Group Rev. 2/4/21 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jonathan Alegre 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). DocuSign Envelope ID: 2EA0F8BE-143A-482F-90A2-8400C474A8FC 2022/09/13 City Council Post Agenda Page 76 of 809 From: THERESA ACERRO < Sent: Tuesday, September 13, 2022 7:24 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: comment for public comments tonight ( website does not have a way of submitting online for public comments section of meeting A recent article in the UT revealed that Councilwoman Cardenas signed a document for her brother's firm indicating she was a principle officer. therefore under state law she should be reporting on her 700 form the names of all clients and the amounts paid by the clients, which she did not do . why is no action being taken to remedy this violation of state law? She clearly needs to be given two choices-resign or comply. Everyone else honestly completes this form. Why is the city allowing her to not do so? It is bad enough the city still has not clarified legal uses of excess campaign funds but a violation of state law? Warning: External Email Written Communications - Received 9/13/22 Public Comments - Acerro 2022/09/13 City Council Post Agenda Page 77 of 809 2022/09/13 City Council Post Agenda Page 78 of 809 2022/09/13 City Council Post Agenda Page 79 of 809 2022/09/13 City Council Post Agenda Page 80 of 809 2022/09/13 City Council Post Agenda Page 81 of 809 2022/09/13 City Council Post Agenda Page 82 of 809 2022/09/13 City Council Post Agenda Page 83 of 809 2022/09/13 City Council Post Agenda Page 84 of 809 2022/09/13 City Council Post Agenda Page 85 of 809 2022/09/13 City Council Post Agenda Page 86 of 809 2022/09/13 City Council Post Agenda Page 87 of 809 2022/09/13 City Council Post Agenda Page 88 of 809 2022/09/13 City Council Post Agenda Page 89 of 809 2022/09/13 City Council Post Agenda Page 90 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE General Plan Update: Approve Amendments to the Housing Element Update of the General Plan for the 2021- 2029 Planning Period Report Number: 22-0242 Location: No specific geographic location Department: Development Services Environmental Notice: The Project was adequately covered in previously adopted Negative Declaration, IS 20-0004 for the 2021 Housing Element Update of the General Plan for the 2021-2029 Planning Period. Recommended Action Conduct a public hearing and adopt a resolution approving the amendments to the Housing Element Update of the General Plan for the 2021-2029 planning period. SUMMARY In accordance with California Government Code Section 65588, the City of Chula Vista prepared an update for the sixth Housing Element cycle covering the period from April 2021 through April 2029. The Housing Element update was approved by Council on July 13, 2021 and submitted to the State of California Department of Housing and Community Development (HCD) for its review shortly thereafter. On November 4, 2021, HCD notified the city that additional revisions were necessary to comply with State Housing Element Law. The requested revisions to the Housing Element pertained to Affirmatively Furthering Fair Housing and clarifications to the City’s Sites Inventory. With City Council approval of these updates, staff will be re- submitting the updated Housing Element to HCD for certification. 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 was adequately covered in previously adopted Negative Declaration, IS 20-0004 for the 2021 Housing Element Update of the General Plan for the 2021-2029 Planning Period. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION 2022/09/13 City Council Post Agenda Page 91 of 809 P a g e | 2 Not applicable. DISCUSSION On November 4, 2021, City staff received a letter from HCD requesting revisions in two specific areas of the City’s update to its Housing Element most of which are found within Appendix E – Affirmatively Furthering Fair Housing and Appendix H – Site Inventory. Below is a summary of HCD comments along with a response detailing how City staff has addressed the issues. HCD Comment 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Racial/Ethnic Areas of Concentration of Poverty (RECAP): The element identified an area considered a RECAP and should include specific analysis such as trends, past and current efforts, including investment and their effectiveness, local data and knowledge, other relevant factors (as noted below), particularly relative to inequities, resources, and strategies to address any issues related to quality of life. The analysis should also consider any overlapping fair housing issues with other components of the assessment of fair housing (e.g., access to opportunity and disproportionate housing needs, including displacement). Local Data and Knowledge: The element should incorporate local data and knowledge into the assessment of fair housing. The element may utilize outreach from the recent Analysis of Impediments to Fair H ousing Choice. Local data and knowledge should include sources not captured in regional, state, or federal data. Examples include input from neighborhoods such as the identified RECAP, knowledge from local planners and city administrators and city records and reports. Other Relevant Factors: The element must still include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use, zoning and investment practices such as differences between eastern and western Chula Vista, presence of redlining, restrictive covenants, neighborhood investment or disinvestment, federal investment such as transportation infrastructure, demographic trends or any other information that supplements the reported data and assists in a complete analysis. Contributing Factors: Upon a full analysis of the affirmatively furthering fair housing (AFFH) section, the element should re-evaluate contributing factors to fair housing issues. In addition, the element lists several contributing factors, but it should also prioritize those contributing factors. Goals and Actions: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. 2022/09/13 City Council Post Agenda Page 92 of 809 P a g e | 3 City Response: In response to comment #1, staff has updated Appendix E, as follows:  Section B - Historical context related to zoning practices and development has been added. This section highlights planning practices and the City of Chula Vista’s efforts to create a diverse and balanced housing stock.  Figures 1-6 and 1-7 – Figures have been added (public housing and mobilehome sites) to further show concentration of Low- and Moderate-Income households in the western portion of Chula Vista.  Section B.3 and Figure 1-8(B) - More detailed analysis of the RECAP census tract in western Chula Vista is provided, including updates to Section B.3 and Figure 1-8(B) that adds to highlight the existing land uses within the RECAP and provides an overview of investment and further strategies to provide an equitable quality of life and expand resources within the area.  Section D – Due to HCD’s comment regarding the site inventory, updates are provided to all tables, figures and impacted text references within Section D.  Figures 1-28 through 1-32 – New analysis has been added including CalEnviroScreen, Renter Cost Burden and a summary of Regional Housing Needs Assessment (RHNA) sites to elaborate on the City’s strategy to provide a mix of housing options and further fair housing.  Table 1-23 (previously 1-18) - Incorporates the specific goals related to the RECAP census tract. It should be further noted that the City approved a contract with CSA San Diego in April 2022 to expand their scope of fair housing services to assist in the implementation of goals set forth.  Various – Updated table and figure numbering. HCD Comment 2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning... (Gov. Code, § 65583, subd. (c)(1).) Realistic Capacity: While the element includes more information on recently built densities, it generally does not address realistic capacity assumptions regarding sites with zoning that allow 100% nonresidential uses as described in the prior review. Nonvacant Site Analysis: While the element now describes factors utilized in identifying nonvacant sites, it generally does not include analysis to demonstrate the potential for additional development. Please see HCD’s April 26, 2021, review. Programs: Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. 2022/09/13 City Council Post Agenda Page 93 of 809 P a g e | 4 City Response: Realistic Capacity: Staff has responded to this comment by adding the following sentence “While it is possible for projects to be 100 percent commercial in sites covered by the Urban Core Specific Plan, the City has never had one of these built.” in Appendix B (page AB-41). Nonvacant Site Analysis: Staff has responded to this comment by revising the Site Inventory (Appendix H), in particular as it applies to the nonvacant sites that only occur in western Chula Vista. Each of the identified nonvacant sites were analyzed against all four of the criteria outlined in Appendix C (Housing Resources):  Estimated land value is greater than improvement value; and  Current structure on property was more than 30 years old; and  Redevelopment can at least double the number of units existing on site; and  Parcel has similar characteristics (such as parcel size, types of units and potential yield) as parcels where projects have been recently developed. By applying all of these qualifications, the Site Inventory was reduced from approximately 340 nonvacant sites to approximately 180 nonvacant sites. Staff updated Table C-3 (Recent Development and Approvals in Western Chula Vista) which shows that recent developments are continuing to become denser and in some cases exceed the base densities permitted by the zone, by utilizing various state laws that allow this increased density. Using this data as a reference and based on typical development of similar parcels in western Chula Vista, the estimated potential units for each parcel has been reduced by 50% to create a healthy buffer and conservative capacity estimate. Further, parcels of sufficient size and densities to qualify as Lower Income units were split between Lower (60%), Moderate Income (20%) and Above Moderate Income (20%) rather than counting them as 100 percent Lower Income. The City was also asked to identify ratios that identified the increase in units for each of these parcels to ensure that those ratios were greater than 1:2. Those ratios can be seen in Column Y of the Site Inventory. These refinements to the Site Inventory resulted in the identification of 4,829 Lower-Income, 3,169 Moderate-Income and 5,084 Above Moderate-Income units, for a total capacity within the City of 13,802 units. The City’s RHNA allocation is 11,105 units for this planning period from 2021-2029. Programs: Additional programs were not necessary as the City was able to identify adequate sites to encourage a variety of housing types. Once these Amendments to the Housing Element Update have been adopted by the City Council , staff will immediately transmit the Housing Elements to HCD for review and certification. 2022/09/13 City Council Post Agenda Page 94 of 809 P a g e | 5 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 of the 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 is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. Costs associated with the preparation of the Housing Element Update and the associated environmental documents are incorporated into the Development Services Department budget and may be reimbursed with funding received from the 2020 Local Early Action Planning (LEAP) Grant Program. Resulting process improvements that accelerate housing production and activities to facilitate com pliance in implementing the sixth cycle RHNA may be reimbursed from the LEAP Grant Program. ONGOING FISCAL IMPACT Implementation of the policies and programs outlined within the Housing Element Update may require additional resources within the Development Services Department. As each of the policies and programs are developed and implemented, staff will complete a more thorough analysis of staffing and resource needs and the fiscal impact. The ongoing fiscal impact is uncertain at this time and will depe nd on the type of housing development that results from the Housing Element Update. ATTACHMENTS 1. Draft 2022 Housing Element Update and Appendices Staff Contact: Scott Donaghe, Principal Planner, Development Services Stacey Kurz, Housing Manager, Development Services Laura C. Black, AICP, Interim Director of Development Services 2022/09/13 City Council Post Agenda Page 95 of 809 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN FOR THE 2021-2029 PLANNING PERIOD WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), Chula Vista is required to prepare a Housing Element Update of the General Plan that covers the period of April 15, 2021 through April 15, 2029; and WHEREAS, on July 13, 2021, the City Council approved the Housing Element Update that covers the 2021-2029 planning period and staff subsequently submitted the update to the State of California Department of Housing and Community Development (HCD) for review and certification; and WHEREAS, on November 4, 2021, the City of Chula Vista received a letter from HCD requesting revisions to the Housing Element Update with regards to its sections on Affirmatively Furthering Fair Housing and its Site Inventory: and WHEREAS, HCD has provided guidance to the City of Chula Vista on the Amendments to the Housing Element Update that would bring it into compliance with Article 10.6; and WHEREAS, 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 was adequately covered in previously adopted Negative Declaration, IS 20-0004 for the 2021 Housing Element Update of the General Plan for the 2021-2029 Planning Period. Therefore, no further environmental review is required; and WHEREAS, this action authorizes the City Manager, or designee, to perform future administrative edits in order to expedite certification with HCD; and WHEREAS, the City Clerk set the time and place for the hearing on the project and notice of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, pursuant to California Government Code section 65090, the City Council held a duly noticed public hearing on the project. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Chula Vista hereby finds and determines as follows: I. COMPLIANCE WITH CEQA The City Council finds, based upon the whole record, there is no substantial evidence that the project will have a significant effect on the environment and that the previously adopted 2022/09/13 City Council Post Agenda Page 96 of 809 Negative Declaration reflects the City’s independent judgment and analysis and remains consistent and applicable to the project as originally approved. II. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. III. ADOPTION OF GENERAL PLAN AMENDMENTS In light of the findings above, the General Plan Amendment, specifically the amendments to the Housing Element Update for the period of 2021-2029, are hereby approved and adopted in substantially the form presented in Exhibit A attached hereto and incorporated herein and on file in the City Clerk's Office. Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Interim Director of Development Services City Attorney 2022/09/13 City Council Post Agenda Page 97 of 809 Adopted on July 13, 2021 City of Chula Vista Housing Element Amended on September 13, 2022 HOUSING ELEMENT OF THE GENERAL PLAN Adopted on July 13, 2021 Amended on September 13, 2022 CITY COUNCIL PLANNING COMMISSION Mayor Mary Casillas Salas Gabe Gutierrez, Chair Andrea Cardenas (District 4) Max Zaker, Vice Chair Michael De La Rosa, Vice Chair Jill Galvez (District 2) Krista Burroughs John McCann (District 1) Michael De La Rosa Stephen Padilla (District 3) Jon Milburn Javier Nava Jerome Torres CITY MANAGER Maria V. Kachadoorian DEPUTY CITY MANAGER Tiffany AllenKelly Broughton CITY ATTORNEY Glen R. Googins PREPARED THROUGH City of Chula Vista Development Services Department Housing and Planning Divisions 276 Fourth Avenue Chula Vista CA 91910 2022/09/13 City Council Post Agenda Page 98 of 809 Adopted on July 13, 2021 City of Chula Vista Housing Element Amended on September 13, 2022 www.chulavistaca.gov 2022/09/13 City Council Post Agenda Page 99 of 809 Adopted on July 13, 2021 City of Chula Vista Housing Element Amended on September 13, 2022 CITY OF CHULA VISTA PROJECT STAFF Staff members throughout the entire City of Chula Vista organization assisted in the preparation of the General Plan Housing Element Update. Listed below are some of the core staff members who were most directly involved. Laura C. Black, AICPTiffany Allen, Interim Development Services Department Director Laura C. Black, AICP, Development Services Department Assistant Director Stacey KurzLeilani Hines, Former Housing Manager Scott Donaghe, Principal Planner Dai HoangCheryl Goddard, Associate Senior Planner Harold Phelps, Associate Planner Jose Dorado, Senior Management Analyst Genevieve Hernandez, Senior Planner Angelica Davis, Senior Management Analyst Diego Avila, Project Coordinator Christian Sandoval, DSD Housing Intern Simon Silva, Deputy City Attorney III Michael Shirey, Deputy City Attorney III CONSULTANT SERVICES VERONICA TAM AND ASSOCIATES, INC. – Affirmatively Furthering Fair Housing Assessment Adopted on July 13, 2021 by City Council Resolution No. 2021-137 Amended on September 13, 2022 by City Council Resolution No. 2022 -XXX 2022/09/13 City Council Post Agenda Page 100 of 809 HOUSING ELEMENT 2021-2029 TABLE OF CONTENTS Page H-i TABLE OF CONTENTS INTRODUCTION 1 1.1 Community Context 1 1.2 Purpose and Nature of the Housing Element 5 1.3 Regional Housing Needs Assessment 6 1.4 State Housing Legislation 8 1.4.1 State Laws Effective 2018 8 1.4.2 State Laws Effective 2019 13 1.4.3 State Laws Effective 2020 15 1.5 State Law and Local Plans 18 1.5.1 Consistency with State Law 18 1.5.2 Consistency with General Plan and Policies 23 1.5.3 Related Planning Documents 24 1.6 Public Participation 28 1.7 Housing Element Organization 30 Goals, Policies & Programs 33 Overview 33 Regional Housing Needs Assessment 33 Goal 1: Promote Housing that Helps to Create Safe, Livable, and Sustainable Neighborhoods 36 Goal 2: Facilitate the Construction and Provision of Quality Housing to Meet the City’s Diverse Needs (by Type, size, ownership level, and income levels) 42 Goal 3: Create opportunities for affordable housing, particularly in vulnerable areas and in areas of opportunity 6159 Goal 4: Promote Equitable and accessible housing options and resources. 7372 Summary Of Quantified Objectives 9084 2022/09/13 City Council Post Agenda Page 101 of 809 HOUSING ELEMENT 2021-2029 TABLE OF CONTENTS Page H-ii APPENDIX A Community and Housing Profile APPENDIX B Constraints to Housing APPENDIX C Housing Resources APPENDIX D At Risk Affordable Housing APPENDIX E Affirmatively Furthering Fair Housing (AFFH) Assessment APPENDIX F 5th Cycle Accomplishments APPENDIX G Public Participation APPENDIX H Site Inventory 2022/09/13 City Council Post Agenda Page 102 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-iii EXECUTIVE SUMMARY The City of Chula Vista General Plan Housing Element details the City’s eight-year strategy for the enhancement and preservation of the community, identifies strategies for expanding housing opportunities for the City’s various economic segments and provides the official policy guidance for local decision-making related to housing. The Housing Element of the General Plan provides the implementation mechanisms for effectively addressing housing needs in Chula Vista throughout the 2021-2029 planning period. The Housing Element provides in-depth analysis of the City’s population, economic and housing stock characteristics as required by State law. The Element also provides a comprehensive evaluation of existing programs and policies of the 2013 -2020 Housing Element to determined necessary revisions to meet current needs. Through this analysis, the City has identified goals, objectives, policies and program actions that directly address the current needs of Chula Vista’s population. The Housing Element is organized into two policy components and includes a number of Appendices to supplement the development of the Housing Element’s Policy and Implementation Plan: 1. Introduction Explains the purpose, process and contents of the Housing Element. 2. Goals, Policies & Implementation Plan Details specific policies and programs the City of Chula Vista will carry out over the five-year period to address the City’s housing goals. Appendix A Provides the required demographic analysis and needs. Appendix B Provides an analysis of constraints and the City’s zoning that may require amendment to facilitate the development and provision of housing to meet the various housing needs of the community. 1.0 2022/09/13 City Council Post Agenda Page 103 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-iv Appendix C Provides an 44.adequate Sites Inventory which includes an inventory of sites to meet the estimated RHNA need throughout the planning period. Appendix D Provides an analysis of affordable housing that may be at risk of converting to market rate housing within the next 10 years and programs for the preservation of the identified housing. Appendix E The Fair Housing Assessment analyzes the conditions that may limit the range of housing choices or hamper a person’s access to housing and develops solutions to mitigate or remove such impediments. Appendix F An evaluation of the previous Housing Element for the 2013-2021 planning period (5th cycle). Appendix G Appendix H Provides a summary of the community engagement activities that occurred throughout the development of the Housing Element document. Provides an adequate Sites Inventory which includes an inventory of sites to meet the estimated RHNA need throughout the planning period. The State of California’s historic actions and investments since the City’s last Housing Element was adopted and certified in 2013, has had significant impact on the development of this Housing Element and the various policies and programs to address its obligations under the Regional Housing Needs Assessment (RHNA) and to ensure compliance with the various and significant State legislation. State legislation has focused on tackling the ongoing and critical housing affordability crisis by removing local barriers to housing construction, speeding up new development, incentivizing and funding for housing production, eq uity and accessibility of housing to overcome patterns of segregation and foster inclusive communities, and accountability of local jurisdictions to the State. As the centerpiece of the Housing Element, the Policy and Implementation Plan provides focused attention to needs, challenges and opportunities particularly for those economically disadvantaged populations, given the City’s obligations under various state laws and the limited Formatted: Indent: Left: 0.19" 2022/09/13 City Council Post Agenda Page 104 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-v financial resources available to the City. While the goals remain cons istent with the 2013-2020 Housing Element, a number of new policies and programs are incorporated into this based upon new state legislation and are summarized below: 2022/09/13 City Council Post Agenda Page 105 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-vi Goal 1 Promote Housing that Helps to Create Safe, Livable, and Sustainable Neighborhoods Programs/Policies Continuing Preservation and improvement of housing through rehabilitation, enforcement, energy efficiency and conservation measures, inspection programs and neighborhood revitalization. New Regulations for short term vacation rentals in residential zones as a means to preserve the City’s long-term housing stock. Goal 2 Facilitate the Construction and Provision of Quality Housing to Meet the City’s Diverse Needs (by Type, size, ownership level, and income levels) Programs/Policies Continuing Annual reporting to State HCD of housing production and progress. Adequate water and sewer services for future residential development. Emergency shelters in I-L and C-T zones and transitional and supportive housing in residential zones. Support private shared living arrangements. Permit Single Room Occupancy residences (SROs) in multifamily zones. Permit by right Qualified Employee Housing in a zoning district that permits agricultural uses by right. Revised Opportunities to modify Title 19 of the Chula Vista Municipal Code (Zoning Code) to provide more certainty and flexibility in the application and permitting process and for consistency with state law. Improve project tracking system and electronic plan reviews and monitor processing times to reduce review times and costs. Improve the efficiency of the development review process and find opportunities to streamline the permitting process to remove unnecessary barriers. 2022/09/13 City Council Post Agenda Page 106 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-vii Review nongovernmental constraints impeding residential development and address where possible. New In compliance with Senate Bill (SB) 166, ensure that the housing element inventory of identified sites can accommodate its share of the regional housing need at any time in the planning period for each of the income categories, also referred to as “No Net Loss.” Programs would include monitoring/tracking of all residential developments and acreage, required findings for projects developed at less than the capacity identified, housing impact statements for discretionary actions (meeting RHNA), and enforce housing density minimums. Consider residential developments for lower income households as a by right use and as a public benefit within land designated as community purpose facilities (CPF). Review of parking standards and, if appropriate, revise or adopt new standards for affordable, senior-aged, mixed-use, and transit-oriented housing projects. Review and, if necessary, revise and develop design guidelines and development standards to adopt more clear and objective standards related to the architectural review of residential and mixed-use residential developments consistent with the Housing Accountability Act, SB 35, and SB 2162. In accordance with Assembly Bill (AB) 671, local governments must include in their General Plan housing elements plans to incentivize and promote the creation of affordable Accessory Dwelling Units (ADUs). Programs will include outreach, monitoring and mid-cycle review of ADUs and explore the acceptance of permit ready plans, an amnesty program for existing ADUS, and accommodation of movable Tiny Houses as a separate regulated use. In accordance with AB 2162 and AB 101, require approval “by right” of supportive housing with up to 50 units and low barrier navigation centers for the homeless. 2022/09/13 City Council Post Agenda Page 107 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-viii Goal 3 Create opportunities for affordable housing, particularly in vulnerable areas AND in areas of opportunity Programs/Policies Continuing Work with owners of “at-risk” assisted housing developments whose restrictions are due to expire by 2029 with outreach to residents, information, and compliance with state noticing requirements. Monitoring of new housing and destroyed/converted housing units within the Coastal zone for replacement in compliance with state law. Seek to reduce or eliminate potential constraints to the development of affordable housing and implement feasible strategies. Provide first time homebuyer assistance and support homeownership development and financing. Review the feasibility of implementing a program to mitigate the displacement of residents as a result of the conversion of residential rental units to ownership housing. Implement mobile home space rent review, protect the rights of residents upon closure/conversion of mobilehome/trailer parks, and promote resident ownership of mobilehome parks, if feasible. Revised Review the Balanced Communities policy for its feasibility in making progress towards the very low and low-income RHNA allocations, specifically looking at a supportable increase in the affordable requirement, threshold of applicability, adoption of an Ordinance, and review of the in lieu housing fee. Update the City’s Density Bonus program to reflect various changes to state law (AB 1763 and AB 2345), particularly providing significant incentives for 100 percent affordable housing and those that are transit oriented (e.g. no density maximums and reduced/no parking). 2022/09/13 City Council Post Agenda Page 108 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-ix New In compliance with SB 330, developers demolishing housing need to replace any restricted affordable or rent-controlled units (under State Rent Control) and comply with specified requirements, including the provision of relocation assistance and a right of first refusal in the new housing to displaced occupants. Develop an incentive program that will facilitate the development of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) affordable to very low- income households. Track lower income housing units by Council District to ensure a balanced and equitable distribution of affordable housing throughout the City. 2022/09/13 City Council Post Agenda Page 109 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-x Goal 4 Promote equitable and accessible housing options and resources. Programs/Policies Continuing Work with regional and local partners to identify, address and eliminate housing discrimination as identified in the Regional Analysis of Impediments to Fair Housing Choice (AI). Issuance of Multifamily Housing Revenue Bonds for affordable housing to lower income households. Make available funds accrued in the City’s Housing Assistance funds to increase, preserve, and enhance housing affordable to individuals or families. Offer certain waivers or deferral of development impact fees for affordable housing projects as allowed in the Chula Vista Municipal Code (CVMC). Support organizations to provide educational programs, loan counseling, and materials for potential homeowners on home maintenance, improvement, and financial management. Encourage local faith-based organizations to work together to provide services and housing (i.e. Participation in the interfaith shelter network rotating shelter). Work with regional agencies to identify the annual and seasonal need for homeless in Chula Vista. Continuing The Housing Authority of the County of San Diego administers and allocates Housing Choice Vouchers for the residents of Chula Vista. Make available on the City’s website, public/civic center public counters and by City personnel in regular contact with the community information and resources for basic needs. Compile, maintain and publicize a list of federal, state, regional, and local community assistance programs that may be available to residents. Collaborate with service providers and other Agencies to promote and disseminate information to the general public, including underrepresented communities and special needs population groups. 2022/09/13 City Council Post Agenda Page 110 of 809 HOUSING ELEMENT 2021-2029 EXECUTIVE SUMMARY Page H-xi Implement a City-wide policy to provide services to persons with limited English proficiency. Incorporate public input and participation in the design and development of City housing plans and policies. Revised Implement the City’s Reasonable Accommodation Ordinance to review requests to modify zoning and development standards to reasonably accommodate persons with disabilities. Develop materials and outreach methods to increase public awareness and ease of access to policies, programs and processes addressing reasonable accommodation. New Adopt an Environmental Justice Element as an additional Element of the City’s General Plan. Develop materials and outreach methods that explain SB 35 and AB 2162 related to streamlining the approval of housing projects with at least 50% of the units dedicated as affordable and supportive housing projects. Work with the community to achieve community support for housing at a variety of income levels. Connect students with affordable housing options in Chula Vista. The City will develop informational materials on available housing options, housing assistance, and make the housing resource information available. Fiscal Considerations While the City affirms its commitment towards meeting the community’s housing needs, it is nevertheless incumbent on the City to acknowledge that the Housing Policy and Implementation Plan is but one of a large number of programs competing for the finite f iscal resources of the City. As such, it is not possible to subject this Housing Policy and Implementation Plan to strict budgetary scrutiny. In addition, there may be legal requirements affecting future encumbrances of funds, as well as demands in other areas requiring the City to make difficult decisions on budgetary priorities. 2022/09/13 City Council Post Agenda Page 111 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-1 INTRODUCTION 1.1 Community Context Home to more than 270,000 residents, Chula Vista is the second largest city in San Diego County. The City encompasses approximately 52 square miles of land area from the San Diego Bay eastward to Otay Lakes and includes most of the land between the Sweetw ater River to the north and the Otay River to the south. The bayfront, rivers, and hills define the City’s planning areas. Over time, the City has evolved into varying and distinct neighborhoods and communities. Initially incorporated in 1911, much of the City’s historical growth and development centered around the historic City center also known as the urban core. Therefore, the City’s older and more established neighborhoods are generally located west of Interstate 805 (“I 805”). Over the next several decades, California’s continued rate of population growth and housing production, coupled with Chula Vista’s regional and waterfront location between the Mexican border and downtown San Diego, spurred the City’s outward expansion and newer development to the east (east of I 805). In 1985, the unincorporated Montgomery area (south of L Street and west of I 805), now known as the Southwest area of the City, was annexed into the City, adding approximately 23,000 new residents. Beginning in the late 1980’s, development occurred east of I 805 of large expanses of green open land within the master planned communities of Eastlake, Rancho del Rey, Sunbow, Rolling Hills Ranch and San Miguel Ranch. In 1992, the City annexed 14 square miles of Otay Ranch that continues to be developed today as the master planned communities of Otay Ranch , Millenia and Escaya. 1.0 2022/09/13 City Council Post Agenda Page 112 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-2 Located minutes from downtown San Diego and the U.S.-Mexican border Chula Vista has convenient access to the region’s cultural, recreational, educational and business opportunities and plays a significant role in the region’s growth. As the hub of civic and cultural activity in South San Diego County with its picturesque backdrops and inviting climate, Chula Vista is a city whose growth is ripe with opportunities for both growing businesses and growing families. 2022/09/13 City Council Post Agenda Page 113 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-3 The City’s communities can be further distinguished by geographic planning areas that follow the overall development patterns of the City as seen in Figure 1.  Northwest – That area north of L Street and east of Interstate 5, also referred to as the City’s historic urban core;  Southwest – That area south of L Street, generally encompassing those neighborhoods included within the Montgomery annexation of 1985;  East – That area east of I 805, generally encompassing master planned communities developed from the early 1990’s and continuing to the present; and,  Bayfront – That area west of Interstate-5 (“I 5”) and north of L Street, currently underdeveloped with some development and large vacant waterfront properties and a master plan that was approved by the California Coastal Commission in August 2012. 2022/09/13 City Council Post Agenda Page 114 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-4 Figure 1 : City of Chula Vista Planning Areas 2022/09/13 City Council Post Agenda Page 115 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-5 “The vision for Chula Vista in the year 2030 is a community that preserves and enhances the unique features that shape its identity.” 1.2 Purpose and Nature of the Housing Element Meeting the housing needs of Chula Vista residents as well as the City’s share of regional housing needs remains an important goal for the City of Chula Vista. As the population of the state continues to grow and pressure on resources increases, Chula Vista must ensure it provides adequate housing opportunities while maintaining a high standard of living for all citizens in the community. Recogniz ing the importance of providing adequate housing, the State of California has mandated a Housing Element within every General Plan since 1969. Housing elements in the San Diego region are required to be completed, with a finding of compliance by the Califo rnia Department of Housing and Community Development (“HCD”), by April 15, 2021. This document represents the 2021-2029 update required for jurisdictions within the San Diego Association of Governments (“SANDAG”) region, responds to the issues that curren tly face the City and was created in compliance with State General Plan law. What is a Housing Element and Why Do We Need One? The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s main housing goal. Recognizing the important part that local planning programs play in pursuit of this goa l, the Legislature has mandated that all cities and counties prepare a Housing Element as part of their comprehensive General Plans (California Government Code Section 65580 et seq.). The Housing Element is one of the seven required elements of the General Plan and is the primary document that local jurisdictions in California use to plan for adequate housing opportuni ties for present and future residents. The Housing Element is the only General Plan Element that requires review and certification by the State of California. State Housing Element law, enacted in 1969, mandates that each local government in California create a Housing Element to adequately plan to meet the existing and projected housing needs of all segments of the population. The Housing Element must be consistent with all other elements of the General Plan and is updated on a regular basis. The law acknowledges that for 2022/09/13 City Council Post Agenda Page 116 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-6 Create a balanced, sustainable community that offers a variety of housing choices throughout Chula Vista for all residents, present and future, through strategic policies and programs. the private market to adequately address housing needs and demand, local governments must adopt plans and regulatory systems that support housing development. As a result, the successful growth of a community rests largely upon the implementation of local General Plans, and in particular, the Housing Element. 1.3 Regional Housing Needs Assessment Each jurisdiction’s projected housing need during the Housing Element planning period is determined through the Regional Housing Needs Allo cation (“RHNA”) process, as set forth in Section 65583 of the California Government Code. The RHNA is based on projected statewide growth in households as determined by HCD. Through the RHNA process, HCD distributes the statewide projected housing need among the regions in the state, where each regional council of government allocates the projected regional growth to local jurisdictions within the region as their “fair share” of regional housing needs. The total housing need for each jurisdiction is distributed among income categories, requiring each jurisdiction to plan to meet the needed housing for households at all income levels. The agency responsible for distributing the RHNA in San Diego County is SANDAG. Each city and county in California is required to produce a Housing Element that demonstrates the jurisdiction’s ability to accommodate the housing need identified in its RHNA during the Housing Element planning period. This Housing Element covers the 6th cycle Housing Element planning period and provides sites adequate to accommodate the City's fair share allocation. The City of Chula Vista’s Housing Element sets forth the City’s policies and detailed programs for meeting existing and future housing needs as set forth in the RHNA, for preserving and enhancing neighborhoods, and for increasing affordable housing opportunities for extremely low, very-low, low and moderate income persons and households. It serves as the primary policy guide for local decision -making on all housing matters. 2022/09/13 City Council Post Agenda Page 117 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-7 The Housing Element also provides a detailed analysis of Chula Vista’s demographic, economic and housing characteristics as required by state law. A comprehensive evaluation of the City’s progress in implementing the previous eight-year Housing Element’s policy and action programs related to housing production, preservation and conservation is provided. The proposed policies and programs in the updated Housing Element are then adjusted based on this evaluation, as appropriate. Based upon the community’s housing needs, available resources, constraints and opportunities for housing production and preservation, and past performance, the Housing Element establishes an eight-year strategy of priority goals, objectives and action programs that directly address the housing needs of present and future Chula Vista residents. HOUSING VISION What would our city look and feel like if we met all our housing goals? HOUSING LANDSCAPE What are our housing needs? Who is our housing serving? Who is not having their housing needs met. CONSTRAINTS & RESOURCES Have we planned to accommodate our needs? What is stopping us from meeting our goals and why? ACTION PLAN Goals policies and programs to shape future decision making. Programs that will help us realize our vision. 2022/09/13 City Council Post Agenda Page 118 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-8 1.4 State Housing Legislation During the 5th cycle, specifically in 2017 to the present, the state has passed numerous laws to address California’s housing crisis. Many of the new programs outlined within this Housing Element for the 6th planning cycle, addresses the new legislation to facilitate and increase housing production for all economic levels. As the state passes new legislation in the remainder of the 5th cycle and during the 6th cycle, the City will continue to amend the Chula Vista Municipa l Code; to monitor and evaluate policies and programs designed to meet state requirements; and to proactively implement new policies and programs to help increase housing production citywide. In 2019, several bills were signed into law that include requirements for local density bonus programs, the Housing Element, surplus lands, Accessory Dwelling Unit (ADU) streamlining, and removing local barriers to housing production. The City will implement changes required by state law, likely through amendments to the Chula Vista Municipal Code. The following is a summary of recent legislation and proposed City activities that will further the City’s efforts to increase housing production during the 6th cycle. 1.4.1 State Laws Effective 2018 SB 2 Permanent Funding ($75 Recording Fee) Establishes a permanent, ongoing source of funding dedicated to affordable housing development. Imposes a fee of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225. 2022/09/13 City Council Post Agenda Page 119 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-9 1.4.1 State Laws Effective 2018 Senate Bill (SB) 167, Assembly Bill (AB) 678, and AB 1515 Housing Accountability Amends the Housing Accountability Act (HAA). The HAA significantly limits the ability of a jurisdiction to deny an affordable or market-rate housing project that is consistent with existing planning and zoning requirements. These measures amend the HAA as follows:  Modifies the findings requirement to deny a housing development project to be supported by a preponderance of the evidence, rather than by substantial evidence in the record;  Defines “lowering density” to mean “any conditions that have the same effect or impact on the ability of the project to provide housing”;  Requires an applicant to be notified, within 30 days of an application being deemed complete for a project with 150 or fewer housing units, and within 60 days for projects with more than 150 units, if the jurisdiction considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement or other similar provision. If the jurisdi ction fails to provide the required notice, the project is deemed consistent, compliant and in conformity with the applicable plan, program, policy ordinance, standard, requirement or other similar provision; and  Deems a housing development project “consis tent, compliant and in conformity with an applicable plan, program, policy, ordinance, standard, requirement or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project i s consistent, compliant or in conformity.” 2022/09/13 City Council Post Agenda Page 120 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-10 1.4.1 State Laws Effective 2018 Additionally, these bills provide new remedies for a court to compel a jurisdiction to comply with the HAA:  If a jurisdiction’s findings are not supported by a preponderance of the evidence, the court must issue an order compelling compliance within 60 days. SB 35 Streamlining for 10% Affordability Streamlines affordable multifamily housing project approvals, at the request of a developer, in a city that fails to issue building permits for its share of the regional housing need by income category in accordance with California Government Code Section 65913.4. Chula Vista has not issued building permits consistent with its regional housing needs. Therefore, approval of a qualifying housing development meeting the City’s objective planning standards and on a qualifying site is a ministerial act, without CEQA review or public hearings. AB 1505 Inclusionary Housing Allows a jurisdiction to adopt an ordinance that requires a housing development to include a certain percentage of residential rental units affordable to and occupied by households with incomes that do not exceed limits for households with extremely low, very low, low or moderate income (also known as “inclusionary housing”). The ordinance must provide alternative means of compliance such as in -lieu fees, off-site construction, etc. and may require review by HCD. 2022/09/13 City Council Post Agenda Page 121 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-11 1.4.1 State Laws Effective 2018 AB 879 Annual Reporting to State HCD Expands upon existing law that requires, by April 1 of each year, cities to send an annual report to their respective city councils, the state Office of Planning and Research (OPR) and HCD that includes the following new information:  The number of housing development applications received in the prior year;  The number of units included in all development applications in the prior year;  The number of units approved and disapproved in the prior year;  A listing of sites rezoned to accommodate that portion of the City’s RHNA for each income level that could not be accommodated in its housing element inventory and any additional sites identified under the “no net loss” provisions;  The net number of new units of housing that have been issued a “completed entitlement,” building permit or certificate of occupancy (identified by the Assessor’s Parcel Number) and th e income category that each unit of housing satisfied (distinguishing between rental and for-sale units);  The number of applications, including location and number of units, and building permits submitted under the new processing provided for by Section 65913.4 (enacted by SB 35),  An analysis of governmental constraints that must include local ordinances that “directly impact the cost and supply of residential development”; and  An analysis of nongovernmental constraints that must include requests to develop housing at densities below those anticipated in site inventory and the length of 2022/09/13 City Council Post Agenda Page 122 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-12 1.4.1 State Laws Effective 2018 time between receiving approval for housing development and submittal of an application for building permit. The analysis must also include policies to remove nongovernmental constraints. AB 1397 Housing Element Site Inventory Analysis Numerous changes to how a jurisdiction establishes its housing element site inventory. These changes include the following:  Sites must be “available” for residential development and have “realistic and demonstrated” potential for redevelopment;  Parcels must have sufficient water, sewer and dry utilities or part of a mandatory program to provide such utilities;  Places restrictions on using nonvacant sites as part of the housing element inventory;  Places limitations on continuing identification of nonvacant sites and certain vacant sites that have not bee n approved for housing development; and  Stipulates that lower-income sites must be between one -half acre and 10 acres in size unless evidence is provided that a smaller or larger site is adequate. AB 72 State HCD Authority Provides HCD broad authority to find a jurisdiction’s housing element out of substantial compliance if it determines that the jurisdiction fails to act in compliance with its housing element, including any failure to implement any program actions included in the housing element, and allows HCD to refer violations of law to the attorney general. Additionally, HCD may notify the attorne y general that the jurisdiction is in violation of the Housing Accountability Act, as codified in California Government Code Sections 65863, 65915 and 65008. 2022/09/13 City Council Post Agenda Page 123 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-13 1.4.2 State Laws Effective 2019 AB 3194 Housing Accountability Strengthens the Housing Accountability Act by strictly limiting local government’s authority to reject or restrict housing development projects that comply with applicable objective general plan, zoning and subdivision standards. Where the zoning is inconsistent with the general plan, no rezo ning is required as long as the project complies with the jurisdiction's objective general plan standards. Cities must apply zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan. AB 2162 Supportive Housing as Use by Right Requires supportive housing to be considered a use "by right" in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria. Qualifying criteria relates to affordability, long -term deed restrictions, and nonresidential floor use providing supportive services and must approve, within specified periods, supportive housing developments that comply with these requirements. The law prohibits any minimum parking requirement for units occupied by supportive housing residents if the development is located w ithin a half-mile of a public transit stop. 2022/09/13 City Council Post Agenda Page 124 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-14 1.4.1 State Laws Effective 2018 SB 828 and AB 1771 RHNA Analysis A number of changes to the Regional Housing Needs Assessment process to use more data to more accurately and fairly reflect job growth and housing needs, with an emphasis on fair housing goals. This law added more opportunities for public comment and HCD adjustments to the council of governments' methodology for selecting RHNA targets. Additionally, the law prohibits a council of governments from using prior underproduction of housing, or stable population numbers, as justification for a determination or reduction in a local government's share of the RHNA. AB 686 Affirmatively Further Fair Housing Extends requirements for federal grantees and contractors to “affirmatively further fair housing,” including requirements in the federal Fair Housing Act, to public agencies in California. Requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing and not take any action that is inconsistent with this obligation. "Affirmatively furthering fair housing" means, among other things, "taking meaningful actions ... that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." Additionally, an assessment of fair housing practices must now be included in upcoming housing elements. SB 1333 Applicability to Charter Cities Makes charter cities (those governed by a city charter document rather than by general law) subject to a number of planning laws that previously only applied to general law cities. These include laws related to general plan amendment processing, accessory dwelling unit permitting and the preparation of housing elements. The law now requires a charter city's zoning ordinances to be consistent with its adopted general plan. 2022/09/13 City Council Post Agenda Page 125 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-15 1.4.3 State Laws Effective 2020 AB 2753, AB 2372, SB 1227, AB 2797, AB 1763 Density Bonus & Incentives Further incentivizes certain housing development projects under the State Density Bonus law by:  Expediting the processing of density bonus applications;  Granting floor area ratio bonus in lieu of a bonus on the basis of dwelling units per acre;  Prohibiting cities and counties from imposing parkin g requirements in excess of specified ratios;  Allows eligible developments to calculate impact fees based on square feet and not per unit;  Requires cities to provide determinations of amount of density bonus, all eligible reductions in parking requirements and whether adequate information has been submitted;  Extending State Density Bonus Law to apply to student housing projects where at least 20 percent of the units are affordable for lower income students with priority to students experiencing homelessness and calculation of the density bonus based on the number of beds instead of units;  Providing for an 80% density bonus to be granted to 100% affordable housing projects. Additionally, for these 100% affordable projects, limiting all local government limits on density, allowing a height increase of up to three stories or 33 feet and eliminating all local parking requirements for special needs projects offering paratransit service or located within ½ mile from an accessible bus route;  Reconciling the State Density Bonus Law and the Coastal Act to increase affordable housing in the coastal zone while protecting coastal resources and access. 2022/09/13 City Council Post Agenda Page 126 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-16 1.4.1 State Laws Effective 2018 AB 68, AB 587, AB 671, AB 881, and SB 13 Accessory Dwelling Units Further incentivizes the development of accessory dwelling units, through streamlined permits, reduced setback requirements, increased allowable square footage, reduced parking requirements, reduced fees and for the Housing Element to include specific programs to incentivize production of ADUs. AB 1763 Density Bonus for 100% Affordable Housing Requires jurisdictions to provide a density bonus to development projects that restrict 100 percent of their units as affordable to lower- and moderate -income households. AB 101 Low Barrier Navigation Centers for Homeless Requires jurisdictions to allow “low barrier navigation centers” by-right in areas zoned for mixed uses and in nonresidential zones permitting multifamily uses, if the center meets specified requirements. AB 1255 and AB 1486 Surplus Lands for Affordable Housing S eeks to identify and prioritize state and local surplus lands available for housing development affordable to lower- income households. Identified surplus lands will be reported annually through the Housing Element Annual Progress Reports. 2022/09/13 City Council Post Agenda Page 127 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-17 1.4.1 State Laws Effective 2018 SB 330 Housing Crisis Enacts changes to local development policies, permitting, and processes that will be in effect through January 1, 2025. SB 330 places new criteria on the application requirements and processing times for housing developments; prevents localities from decre asing the housing capacity of any site, such as through downzoning or increasing open space requirements, if such a decrease would preclude the jurisdiction from meeting its RHNA housing targets; prevents localities from establishing non - objective standard s; and requires that any proposed demolition of housing units be accompanied by a project that would replace or exceed the total number of units demolished. Additionally, any demolished units that were occupied by lower-income households must be replaced w ith new units affordable to households with those same income levels. 2022/09/13 City Council Post Agenda Page 128 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-18 1.5 State Law and Local Plans 1.5.1 Consistency with State Law Table 1 STATE HOUSING ELEMENT REQUIREMENTS Requirements Statute Reference Public Participation (GC 65583 & 65585)  Diligent efforts to achieve public participation of all economic segments of the community in the development and adoption of the Housing Element. § 65583 (c)(9) Appendix G  Collect and compile the public comments received and provide these comments to the legislative body prior to adoption of the Housing Element. § 65585 (b)(2) Appendix G Review and Revision (GC 65588(a) & (b)) Evaluation and revision of the previous element  Review effectiveness of the element, progress in implementation and appropriateness of goals, objectives and policies § 65588(a) & (b) Appendix F Housing Needs Assessment (GC 65583(a)) Conduct an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs A. Population and Employment Trends § 65583 (a)(1) Appendix A Population Growth Age Race/Ethnicity Employment Commuting Patterns B. Household Characteristics § 65583 (a)(2) Appendix A Household Type & Size Household Income C. Special Housing Needs § 65583 (a)(7) Appendix A 2022/09/13 City Council Post Agenda Page 129 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-19 Table 1 STATE HOUSING ELEMENT REQUIREMENTS Requirements Statute Reference Elderly Persons with Disabilities Large Households Single -Parent Households Agricultural Workers Residents Living in Poverty Homeless D. Housing Problems § 65583 (a)(2) Appendix A Overcrowding Overpayment (Cost Burden) E. Housing Stock Characteristics § 65583 (a)(2) Appendix A Projected Housing Units Housing Type Housing Availability and Tenure Housing Age and Condition Housing Costs and Affordability Vacancy rates F. Opportunities For Energy Conservation in residential development [building envelope, heat and cooling and electrical]. § 65583 (a)(8) Appendix C G. Preservation of Existing Assisted Housing Projects At- Risk of Converting § 65583 (a)(9) Appendix D Inventory of at-risk units Estimate of replacement vs. preservation costs Identify qualified entities Identify potential funding Sites Inventory and Analysis (GC Sections 65583.2) Land suitable for residential development to accommodate RHNA for all income levels, to include vacant sites, sites capable of higher densities, and public owned sites A. Sites Inventory § 65583.2 (b)(1) - (7) Appendix C, Appendix H Listing of properties by parcel number or unique reference 2022/09/13 City Council Post Agenda Page 130 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-20 Table 1 STATE HOUSING ELEMENT REQUIREMENTS Requirements Statute Reference Listing of properties by size Listing of properties by general plan designation and zoning For non -vacant sites, description of existing uses Map of sites included in the inventory B. Sites Inventory Analysis of Suitability and Availability Appendix C, Appendix H “Realistic & demonstrated potential” development capacity (e.g. by income category of each site and access to water, sewer, & dry utilities) Units per site “realistically accommodated” Analysis of non-vacant and underutilized lands Sites suitable for lower income housing Replacement housing Constraints on Housing (GC 65583(a)(5) and (6)) A. Governmental Constraints § 65583 (a)(5) Appendix B Land-use controls (e.g., zoning -development standards, including parking, height limits; setbacks, lot coverages, minimum unit sizes, growth controls) B. Non-Governmental Constraints § 65583 (a)(6) Appendix B Economic Factors, cost of construction and land, financing C.Non-Governmental Constraints § 65583 (a)(6) Appendix B Economic Factors, cost of construction and land, financing D.C. Environmental and Infrastructure Constraints § 65583.2(b)(4) & (5) Appendix B Environmental constraints Infrastructure including planned water, sewer, and other dry utilities supply Regional Analysis of Impediments to Fair Housing Choice (GC 65583(b)(10)) Formatted: Indent: Left: 0.16", No bullets or numbering Formatted: Indent: Left: 0" 2022/09/13 City Council Post Agenda Page 131 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-21 Table 1 STATE HOUSING ELEMENT REQUIREMENTS Requirements Statute Reference A. Summary of fair housing issues and an assessment of fair housing enforcement and fair housing outreach capacity Appendix E, Regional AI B. Analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk. Appendix E, Regional AI C. An assessment of the contributing factors for the fair housing issues identified. Appendix E, Regional AI D. An identification of the jurisdiction’s fair housing priorities and goals . Appendix E, Regional AI E. Strategies and actions to implement those priorities and goals Appendix E Goals, Quantified Objectives, and Policies (GC 65583(b)) for the maintenance, preservation, improvement, and development of housing A. Identify adequate sites which will be made available through appropriate action with required public services and facilities from a variety of housing types for all income levels Appendix C, Appendix H B. Programs to assist in the development of adequate housing to meet the needs of extremely low, very low, low and moderate -income households Part I, Goal 3 C. Identify and, when appropriate and possible, remove governmental constraints to the maintenance, improvement, and development of housing in Chula Vista Part I, Goal 2 D. Conserve and improve the condition of the existing and affordable housing stock in Chula Vista Part I, Goal 1 E. Promote housing opportunities for all persons Part I, Goal 2 2022/09/13 City Council Post Agenda Page 132 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-22 Table 1 STATE HOUSING ELEMENT REQUIREMENTS Requirements Statute Reference F. Identify programs to address the potential conversion of assisted housing development to market rate housing. Part I, Goal 1 2022/09/13 City Council Post Agenda Page 133 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-23 1.5.2 Consistency with General Plan and Policies The Housing Element of the General Plan is one component of the City’s overall long -range planning strategy. The California Government Code requires that the General Plan contain an integrated, consistent set of goals and policies. The Housing Element, therefore, must be consistent with the General Plan and is affected by policies contained in other elements of the General Plan. This means that any goals, policies, and programs included in the Housing Element must support and further General Plan policies and should not conflict wi th the General Plan. The Housing Element is most intricately related to the Land Use and Transportation (LUT) Element. The LUT Element sets the framework for development of housing by laying out the land use designations for residential development and i ndicating the type and density permitted by the City. Working within this framework, the Housing Element identifies priority goals, objectives and program actions for the next eight years that directly address the housing needs of existing and future Chula Vista residents. The policies contained in other elements of the General Plan affect many aspects of life that residents enjoy – the amount and variety of open space, the preservation of natural, historic and cultural resources, the permitted noise levels in residential areas, and the safety of the residents in the event of a natural or man-made disaster. The Housing Element has been reviewed for consistency with the City’s other General Plan Elements and the policies and programs in this Element reflect the policy direction contained in other parts of the General Plan. As portions of the General Plan are amended in the future, this Housing Element will be reviewed to ensure that internal consistency is maintained. 2022/09/13 City Council Post Agenda Page 134 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-24 1.5.3 Related Planning Documents In addition to the General Plan, the Housing Element is also consistent with various local and regional plans. Key plans that the Housing Element references and supports include the following: Chula Vista Municipal Code The Chula Vista Municipal Code (CVMC) consists of all the regulatory and penal ordinances and certain administrative ordinances of the City, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the California Government Code. The CVMC includes the City’s Subdivision Ordinance and Zoning Ordinance. Subdivision Ordinance The Subdivision Ordinance, Title 18 of the CVMC, regulates the design, development and implementation of land division. It applies when a parcel is split into two or more parcels; a parcel is consolidated with one or more parcels; or the boundaries of two or more parcels are adjusted to change the size and/or configuration of the parcels. Zoning Ordinance The Zoning Ordinance, Title 19 of the CVMC, is the primary tool for implementing the General Plan and is designed to protect and promote the public hea lth, safety, comfort, convenience, prosperity and general welfare of the people. It includes a zoning map designating various districts that are described in the text of the document and outlines the permitted, conditionally permitted, and prohibited uses for each zone district. Finally, the Zoning Ordinance provides property development standards for each zone district and overall administrative and legislative procedures. 2022/09/13 City Council Post Agenda Page 135 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-25 Specific Plans Specific Plans are customized regulatory documents that provide fo cused guidance and regulations for a particular area. They generally include a land use plan, circulation plan, infrastructure plan, zoning classifications, development standards, design guidelines, phasing plan, financing plan and implementation plan. Chula Vista has seven approved Specific Plans, which are listed below.  Bayfront Specific Plan  Gateway Specific Plan  Auto Park North Specific Plan  Bonita Glen Specific Plan  Bonita Gateway Specific Plan  Urban Core Specific Plan  Southwest Specific Plan (under preparation) General Development Plans A General Development Plan (GDP) is a smaller scale version of a General Plan that typically addresses large, previously undeveloped areas of the City, such as those in eastern Chula Vista. It establishes gen eral development parameters, including the distribution of land uses, vehicular circulation patterns, development densities, and an overall master planned community urban structure. A GDP is implemented by the adoption of a Sectional Planning Area (SPA) Plan. The City has six GDPs for its master planned communities, which are listed below and discussed further in the Land Use and Transportation Element Section 10.0, East Area Plan, of this Element. GDPs must be in conformance with the General Plan.  Sunbow  Rancho del Rey  Eastlake  Rolling Hills Ranch  San Miguel Ranch  Otay Ranch 2022/09/13 City Council Post Agenda Page 136 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-26 Sectional Planning Area Plans A Sectional Planning Area (SPA) Plan is a comprehensive specific plan that addresses a portion of a planned community area. It is intended to imp lement the goals, objectives, and development parameters prescribed in the GDP. A SPA and GDP must be adopted as a prerequisite to develop land in a Planned Community (PC) Zone. A SPA consists of integrated guidelines and development standards that provid e detail on the land use mix, design criteria, pedestrian and vehicular circulation pattern, open space, recreation, infrastructure requirements, and other components for the entire or portion of an adopted GDP. It is based on City regulations, guidelines , and policies; but once adopted, a SPA supersedes these documents, except where incorporated by reference. Precise Plans A Precise Plan is a zoning implementation tool that creates specific property development standards and design guidelines in combination with underlying zone standards to allow site design flexibility within areas zoned as a Precise Plan modifying district. Precise Plan development standards and guidelines, adopted by Ordinance, can be tailored for a particular area through rez oning action. The Precise Plan is adopted through a discretionary review process that establishes standards and guidelines affecting the property. 2022/09/13 City Council Post Agenda Page 137 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-27 Local Coastal Program A Local Coastal Program (LCP) is the planning tool used to carry out the shared partn ership between the California Coastal Commission’s (CCC) mandate to protect coastal resources, and local government’s regulation of land use through its General Plan. An LCP includes a land use plan with land use classifications, types and densities of allowable development, plus goals, objectives, and policies concerning development use of coastal resources. After an LCP is approved by the CCC, their permitting authority is delegated to the local government. It is not intended that the CCC and their permitting authority usurp local government. Chula Vista’s Bayfront has an LCP, which contains the goal s and objectives relating to coastal development. It is provided by the General Plan Land Use Diagram and the associated goals, objectives and policies that relate to coastal areas. Climate Action Plan Chula Vista has been implementing a “Climate Action Plan” to address the threat of climate change impacts to the local community. The most recent plan is the 2017 Climate Action Plan (CAP) which was adopted by City Council on September 26, 2017. It includes ambitious new goals and policies to strengthen th e City’s climate action efforts. Implementing the CAP facilitates achieving numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. It brings together past City of Chula Vista climate plan efforts including the original Carbon Dioxide Reduction Plan (2000), the mitigation plan (2008) and the adaptation plan (2011). 2022/09/13 City Council Post Agenda Page 138 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-28 Section 65583(c)(9) of the California Government Code states that, "The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort." 1.6 Public Participation While the City began its efforts in engaging the community community in a discussion of housing needs in 2019, much of its efforts continued through 2020. The historic corona virus disease (COVID -19) pandemic greatly shaped the City’s efforts in communicating with its residents, community members and stakeholders. With a State of Emergency declared by the U.S President in February 2020 and locally, the Governor of California, County of San Diego Public Health and the City Council of Chula Vista following suit in March 2020, stay at home orders and prohibitions of any gatherings outside of households, changed the rules of engagement. From March 2020 through the present timeframe, all meetings and communications have shifted to electronic and digital means. Meaningful community participation is also required in connection with the City's Assessment of Fair Housing (AFH) and the Five -Year Consolidated Plan that serves as a comprehensive housing affordability strategy, community development plan, and submission for funding under any of U.S. Department of Housing and Urban Development’s (HUD) entitlement formula grant programs. These two strategic planning documents were concurrently updated along with the City’s Housing Element and any public input received through these processes were also cons idered.  5-Year Consolidated Plan - The 5-Year Consolidated Plan is a planning document that identifies needs within low -to moderate- income (LMI) communities and outlines how the City will address those needs. It guides investments and helps achieve HUD’s mission of providing decent housing, suitable living environments, as well as expanded economic opportunities for LMI populations. During the development of the Consolidated Plan, public meetings with the Housing Advisory Commission (January 23. 2020) a nd City Council (March and June 2020) were held to identify the City’s most pressing community needs. In addition, a community needs on -line survey was offered in English and Spanish which returned 260 responses.  Special Fair Housing Outreach – In addition to the Housing Element workshops, community workshops, targeted stakeholder interviews to service providers and local 2022/09/13 City Council Post Agenda Page 139 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-29 “PUBLIC ENGAGEMENT: Share your Voice, Shape your City” organizations, and a fair housing survey was conducted in Spanish and English as part of the development of the San Diego Regional Analysis of Impediments to Fair Housing (AI). Public notice and additional outreach for community workshops held in Chula Vista and National City and surveys were circulated through local service providers and made available on the City’s Fair Housing webpage and at City Hall. A discussion of citizen participation is provided in more detail in Appendix A. Appendix A contains a summary of all public comments regarding the Housing Element received by the City at scheduled public meetings. As required by California Government Code Section 65585(b)(2), all written comments regarding the Housing Element made by the public will be provided to each member of the City Council at such time as the Housing El ement is presented to the Council. [Note: This section and Appendix A may need to be updated prior to adoption to include additional public meetings, outreach and comments received.] 2022/09/13 City Council Post Agenda Page 140 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-30 1.7 Housing Element Organization California Government Co de Section 65583 requires a jurisdiction’s Housing Element to include the following components:  A review of the previous element’s goals, policies, programs, and objectives to ascertain the effectiveness of each of these components, as well as the overal l effectiveness of the Housing Element;  An assessment of housing need and an inventory of resources and constraints related to meeting these needs;  An analysis of programs for the preservation of assisted housing developments;  A statement of community goal s, quantified objectives and policies relative to the maintenance, preservation, improvement and development of housing; and,  A policy program that provides a schedule of actions that the City is undertaking, or intends to undertake, in implementing the po licy set forth in the Housing Element. The Chula Vista Housing Element is comprised of the following sections: 1. Introduction Explains the purpose, process and contents of the Housing Element. 2. Goals, Policies & Implementation Plan Details specific policies and programs the City of Chula Vista will carry out over the five-year period to address the City’s housing goals. Appendix A Provides the required demographic analysis and needs. Appendix B Provides an analysis of constraints and the City’s zoning that may require amendment to facilitate the development and provision of housing to meet the various housing needs of the community. 2022/09/13 City Council Post Agenda Page 141 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-31 Appendix C Provides an evaluation of the potential opportunities for various types of residential development for all income levels and energy and water conservation within such developments. The analysis primarily looks at development that could occur based upon the Chula Vista General Plan and Zoning Ordinance. Provides an adequate Sites Inventory which includes an inventory of sites to meet the estimated RHNA need throughout the planning period. Appendix D Provides an analysis of affordable housing that may be at risk of converting to market rate housing within the next 10 years and programs for the preservation of the identified housing. Appendix E The Affirmatively Furthering Fair Housing (AFFH) Assessment analyzes the conditions that may limit the range of housing choices or hamper a person’s access to housing and develops solutions to mitigate or remove such impediments. Appendix F An evaluation of the previous Housing Element for the 2013-2021 planning period (5th cycle). Appendix G Appendix H Provides a summary of the community engagement activities that occurred throughout the development of the Housing Element document. Provides an adequate Sites Inventory which includes an inventory of sites to meet the estimated RHNA need throughout the planning period. 2022/09/13 City Council Post Agenda Page 142 of 809 HOUSING ELEMENT 2021-2029 INTRODUCTION Page H-32 This page is intentionally blank 2022/09/13 City Council Post Agenda Page 143 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-33 GOALS, POLICIES & PR OGRAMS Overview This chapter describes the City’s housing goals, policies and programs, which together form the blueprint for housing actions during the Housing Element’s planning period for the 6th Cycle RHNA period (2021-2029). The following goals, policies and program s are based on an assessment of the City’s existing and future housing needs, opportunities and constraints, an evaluation of its existing policies and programs and input received from the community through their participation in the development process of this document. Regional Housing Needs Assessment SANDAG has allocated the following RHNA to the City of Chula Vista for the 2021-2029 Housing Cycle. This RHNA represents the City’s fair share of the housing needs for the San Diego region, including an eq uitable share of affordable housing. The ranges for each income category (as shown below) are based on percentages of the 2019 Area Median Income (AMI) for San Diego County, which is $86,300 for a hypothetical family of four. The City’s 2021-2029 allocated RHNA new housing construction need is as follows: Table 2 NEW HOUSING CONSTRUCTION OBJECTIVES 2021-2029 Income Category RHNA Construction Need Very Low 2,750 25% Low 1,777 16% Moderate 1,911 17% Above Moderate 4,667 42% Total 11,105 100% 2.0 2022/09/13 City Council Post Agenda Page 144 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-34 Credits toward RHNA Since the RHNA uses June 30, 2020 as the baseline for growth projections for the Housing Element planning period of 2021-2029, jurisdictions may count toward s the RHNA any new units built or issued certificates of occupancy since June 30, 2020. Table 3 summarizes the units that can be credited against the City’s RHNA (248 units). Table 3 RHNA Credits and Remaining Need 2021-2029 Income Category RHNA Issued C of O Remaining RHNA Very Low 2,750 12 - 2,738 Low 1,777 0 - 1,777 Moderate 1,911 50 12 1,849 Above Moderate 4,667 132 42 4,493 Total 11,105 194 54 10,857 The following Housing Goals Section identifies the general approach the City will use to accommodate its share of regional housing needs for the 2021-2029 Housing Element planning period. The list of housing goals is followed by a more detailed description of the policies that will be considered and applied throu gh the City’s decision -making process when the housing programs are implemented in compliance with state law. Goals, policies, and programs are listed in top -to -bottom order, with goals at the top and being the most general statements, working down to pro grams, the most specific statements of intent. Here are how the three policy levels differ:  Goals are the desired results that the City will attempt to reach over the long term. They are general expressions of community values or preferred end states, and therefore, are abstract in nature. While it may not be possible to attain all goals during this Element's planning period, they will, nonetheless, be the basis for City policies and actions during this period.  Objectives and Policies are specific stateme nts that serve as the framework for decision -making and priority setting. Policies serve as the directives to developers, builders, design professionals, decision makers and others who will initiate or review 2022/09/13 City Council Post Agenda Page 145 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-35 new development projects. Some policies stand alone as directives, but others require that additional actions be taken. These additional actions are listed under “programs” below. Most policies have a time frame that fits within this Element’s planning period. In this context, “shall” means the policy is mandatory; “should” or “may” indicates the policy should be followed unless there are compelling or contradictory reasons to do otherwise.  Programs are the core of the City’s housing strategy. These include on -going programs, procedural changes, general plan changes, rezoning or other actions that help achieve housing goals. Programs translate goals, objectives and policies into actions. 2022/09/13 City Council Post Agenda Page 146 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-36 Goal 1: Promote Housing that Helps to Create Safe, Livable, and Sustainable Neighborhoods The City’s existing housing stock plays an important role in providing a decent, safe and sanitary living environment for lower income households and in maintaining the quali ty and sustainability of residential neighborhoods. With almost half (48 percent) of existing housing citywide being 40 years or older – built prior to 1979, there is a potential loss in value and quality as a result of deterioration. A significant porti on (20 percent) of the City’s housing stock is 50 years old or older and is likely to require major repairs, with this housing located entirely within the area west of I 805 (Western Chula Vista and also known as the Northwest and Southwest planning areas ). These areas are also considered vulnerable areas where housing costs are lower, housing stock is more diverse and consequently a higher concentration of lower income residents than the area east of I -805. To create safe, livable and sustainable neighborhoods, housing policies and programs will focus on the following objectives:  Enforce maintenance of safe and decent housing, enhance the quality of existing housing to maintain the integrity of residential neighborhoods.  Promote efficient use of water and energy through sustainable design, adopted standards, and incentives to conserve limited resources and reduce long -term operational costs of housing, consistent with the City’s Climate Action Plan, the most recent Energy Code including City-specific amendments, Green Building Standards, and other related City ordinances. Programs to enforce building, health, and housing codes and the funding of minor repairs, rehabilitation of housing will encourage the provision of decent, safe and sanitary housing and preserve neighborhood quality. Of particular focus is repair, rehabilitation and improvement of housing and neighborhoods in the City’s Northwest and Southwest Planning Areas. In September 2017, the City adopted an update to its CAP to address the threat of climate change impacts to the local community. Implementation of the CAP’s strategies and actions will improve the sustainability of housing stock, maximize energy and water efficiency potential, reduce occupant utility costs, increase home value, and preserve neighborhood quality. Additionally, California Title 24, Building Energy Efficiency Standards (“Title 24”), establishes energy budgets or maximum energy use levels. The standards of Title 24 supersede local regulations, and state requirements mandate Title 24 requirements through implementation by 2022/09/13 City Council Post Agenda Page 147 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-37 local jurisdictions. The City will continue strict enforcement of local and state energy regulations for new residential construction and continue providing residents with information on energy efficie ncy. Housing Policy 1.1 Prioritize the preservation and improvement of the City’s existing housing stock. Housing Policy 1.2 Facilitate the rehabilitation of the City’s existing housing stock to correct housing deficiencies and increase the useful life and sustainability of existing housing stock. Housing Policy 1.3 Eliminate, to the greatest extent feasible, overcrowded, uns afe, and unsanitary housing conditions through the enforcement of building, safety, and housing codes. Housing Policy 1.4 Continue to develop and promote energy efficiency conservation measures consistent with the strategies outlined in the City’s Climate Action Plan. Housing Policy 1.5 Encourage neighborhood and local participation to enhance neighborhood preservation, maintenance and improvement. Housing Policy 1.6 Employ place-based strategies in making neighborhood improvements. Implementing Programs 1.1 Preserve Existing Housing for Long Term Housing Needs: Establish policies and programs that more effectively address regulations for short term vacation rentals in residential zones as a means to preserve the City’s long- term housing stock to serve the long -term housing needs of residents. Lead(s): Development Services, Planning Division Funding Sources: Department Budget Implementation Timeline: Within 12 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 148 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-38 1.2 Rehabilitation of Owner Occupied Housing: Continue implementation of the City’s Community Housing Improvement Program (CHIP), which provides favorable loans to low -income homeowners to fund improvements to correct unsafe, unsanitary, or illegal housing co nditions, reduce barriers to accessibility, and improve energy efficiency, water conservation, and lead based paint abatement. Assistance will be focused on a block by block basis to homeowners residing in the Northwest and Southwest Planning Areas with p riority given to those single-family homeowners of very low -income, special needs and/or senior households. The City will also increase marketing and outreach efforts for the CHIP, particularly in lower-income neighborhoods and mobile home parks. Quanti fied Objective: 30 low -income units Lead(s): Development Services, Housing Funding Sources: Existing CHIP Revolving Loan Fund Implementation Timeline: Ongoing/As funding resources are available 1.3 Rental Housing Acquisition and Rehabilitation : As part of a comprehensive neighborhood revitalization strategy, the City seeks to acquire and rehabilitate existing rental housing throughout the Northwest and Southwest planning areas of the City and set aside a number of the housing units for very low-income and/or special need households at affordable rents. Quantified Objective: 15 housing units Lead(s): Development Services, Housing Funding Source: Low/Moderate Income Housing Asset Fund HOME Implementation Timeline: As opportunities and resources become available 2022/09/13 City Council Post Agenda Page 149 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-39 1.4 Neighborhood Revitalization: Support a program focusing financial resources and collaborative efforts that improve the conditions and appearances of neighborhoods. This on -going program will target specific low-and moderate -income neighborhoods within Western Chula Vista that can be leveraged with other public and private investments , such as public infrastructure and facility improvements funded through Measure P, to ensure the improvements benefit the most in need . Funds available through the City’s CDBG and HOME entitlement program prioritize public improvements to low resource residential areas. Quantified Objective: 15 housing units Lead(s): Engineering & Capital Projects and/or Development Services Department based upon funding Funding Source: Federal and state programs. Implementation Timeline: As opportunities and resources become available 1.5 Multifamily Housing Inspection : Continue implementing the Multifamily Housing Inspection Program that evaluates conditions of rental housing complexes of three or more units and reports violations to the City’s Code Enforcement Division regarding current health and safety codes. The City will follow up on all reports of violations to ensure the corre ction of any identified deficiencies to remedy substandard rental housing conditions and provide education and resource information to property owners . Lead(s): Development Services, Code Enforcement Funding Source: Department Budget Implementation Timeline: Ongoing/ Annual review of progress 2022/09/13 City Council Post Agenda Page 150 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-40 1.6 Mobilehome Inspection Program: Continue implementing the systematic inspection of mobilehome and trailer park communities for compliance with Title 25 of the California Code of Regulations to promote safe and sanitary housing and neighborhoods. The City will follow up on all reports o f violations to ensure the correction of any identified deficiencies to remedy substandard housing conditions and provide education and resource information to park and mobilehome owners. Lead(s): Development Services, Code Enforcement Division Funding Source: Department Budget Implementation Timeline: Ongoing/ Annual review of progress 1.7 Code Enforcement Activities : Continue Code Enforcement activities monitoring housing and neighborhood conditions for adherence to minimum standards of habitability and appearance by responding to service requests from concerned citizens. Code Enforcement staff shall continue to provide property owners and tenants with information on how to rectify violations, who to contact in Code Enforcement for assistance, and other resources that may be pertinent to the citation , particularly available housing repair assistance and subsidy programs for lower-income, senior and disabled households . Lead(s): Development Services, Code Enforcement Funding Source: Department Budget Implementation Timeline: Ongoing 2022/09/13 City Council Post Agenda Page 151 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-41 1.8 Implement Energy Conservation and Energy Efficiency Opportunities: Since 2000, Chula Vista has been implementing its adopted CAP to address the threat of climate change impacts to the local community. To further advance community energy and water conservation goals, the City is implementing the following actions listed in its CAP to achieve residential - focused greenhouse gas emission reductions.  Formed San Diego Community Power to provide 100% clean electricity by 2035;  Adopted Active Transportation Plan to facilitate future active transportation infrastructure;  Launched Chula Vista Climate Action Challenge to encourage voluntary home improvements to reduce waste and pollution;  Require installation of solar photovoltaic systems in new single - family housing;  Require residential electric vehicle pre-wiring in new d evelopment; and,  Evaluate residential organics collection pilot program. Revised Program Lead(s): Development Services & Economic Development, (Conservation) Departments Funding Source: Department Budget & Grants Implementation Timeline: Ongoing/ Annual review of progress 2022/09/13 City Council Post Agenda Page 152 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-42 Goal 2: Facilitate the Construction and Provision of Quality Housing to Meet the City’s Diverse Needs (by Type, size, ownership level, and income levels) Chula Vista is a community with a diverse population and housing stock, particularly in the western area of the City. The provision of a variety of housing types in terms of density, size, and more importantly tenure and providing these units in appropria te locations to minimize the creation of economic housing enclaves, will enable the City to accommodate the varied needs and desires of the community in order to achieve more balanced residential communities and to meet underserved housing needs of lower i ncome households. Housing should be preserved and created to maximize housing opportunities for larger multi -generational households, a growing senior population, special needs groups, and very low -and low -income families. The provision of new housing opportunities within mixed-use areas and at higher density levels, particularly in transit focus areas , identified town centers , and high opportunity areas , is encouraged. Mixed use and compact developments can improve access to goods and services; increa se employment and business opportunities; and, support the creation of vibrant community places. In its role, the City is responsible for enabling the production of housing by reducing regulatory barriers, providing incentives, and supporting programs that will create or preserve housing envisioned for the community, particularly for vulnerable populations. To enable the construction of quality housing, the City has identified four objectives:  Identify adequate sites available for development;  Implement permitting process improvements;  Provide programs that incentivize development; and,  Support programs aimed at housing vulnerable and special needs populations. “The term ‘quality housing’ typically refers to housing that is safe, comfortable, and well- maintained. Quality housing should provide access to clean air and natural light; proper plumbing and temperature controls (i.e., ventilation and heating / cooling); carbon monoxide and smoke detectors; and should not contain health or safety hazards (e.g., structural damage, allergens, or lead paint).” 2022/09/13 City Council Post Agenda Page 153 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-43 Housing Policy 2.1 Monitor residential development to ensure there is an adequate level of remaining development capacity consistent with the City’s obligation to affirmatively further fair housing through the comprehensive citywide and regional housing inventory. Housing Policy 2.2 Require new development to meet applicable zone and land use designation density minimums to ensure efficient use of remaining land available for residential development and redevelopment. Housing Policy 2.3 Promote the phased and orderly development of new residential development consistent with the provision of adequate infrastructure improvements. Housing Policy 2.4 Encourage and support creative strategies for the rehabilitation and adaptation and reuse of residential, commercial, and industrial structures for housing. Housing Policy 2.5 Propose zoning and code changes to reduce average permit processing times while improving the quality of design and development. Housing Policy 2.6 Encourage streamlining of the environmental review process for development projects, when feasible. Housing Policy 2.7 Identify opportunities to reduce administrative burdens during permitting by, for example, automating processes, creating reference guides, and streamlining reviews. Housing Policy 2.8 Provide more certainty in the development review process by enabling “by-right” ministerial project approvals, specifically for housing development for lower income households , person s experiencing homelessness and persons with disabilities . This should include the preparation of Programmatic EIRs, which can complete certain environmental analyses for entire communities to facilitate project-specific review. Housing Policy 2.9 Expand options for “self-certification” in certain aspects of the building permit application and building inspection 2022/09/13 City Council Post Agenda Page 154 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-44 processes for qualifying projects. Housing Policy 2.10 Monitor non -governmental constraints, such as interest rates, construction costs, and others through consultation with developers, lenders and other entities directly involved in the provision of housing. Should non - governmental constraints be identified that are related to City policies, the City may modify its policies and procedures if City actions would help to reduce those constraints. Implementing Programs 2.1 Accommodate the City’s Regional Housing Needs Assessment Allocation : In compliance with SB 166, all jurisdictions must ensure that its housing element inventory of identified sites can accommodate its share of the regional housing need throughout the planning period, also referred to as “No Net Loss.” The City has been assigned a total Regional Housing Needs Allocation (RHNA) of 11,105 dwelling units, with 2,750 for Very Low -Income households and 1,777 for Low-Income for the 2021-2029 Planning Pe riod. The City has identified adequate sites with appropriate zoning to accommodate the RHNA and to accommodate the need for groups of all income levels as required by State Housing Element Law and consistent with its obligation to affirmatively furthering fair housing (AFFH) in encouraging integrated and balanced living patterns . Appendix H C lists sites suitable for meeting the City's RHNA for each income category without the need for rezoning, as shown in Appendix H C. Sites that are identified for low er income housing and had been identified in the last two Housing Element cycles will be considered by right for the development of such housing and the zoning ord inance will be amended , as appropriate. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget 2022/09/13 City Council Post Agenda Page 155 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-45 Implementation Timeline: Adoption of 6th cycle Housing Element by April 15, 2021; Required amendments to the zoning ordinance to allow for b y right development of lower income housing on previously identified sites within 12 months of adoption of the 2021-2029 Housing Element 2.2 Adequate Sites Inventory: In compliance with SB 166 to ensure No Net Loss of sites available to meet the RHNA, the City will monitor the consumption of residential acreage to ensure an adequate inventory is available to meet the City’s 2021-2029 RHNA obligations. The City will develop and implement a system to coordinate tracking units with Development Services staff, who process permitting, pursuant to California Government Code Section 65863, and will make the findings required by that code section if a site is proposed for development with fewer units or at a different income level than shown in the Housing Element. Should an approval of development result in a reduction of capacity below the residential capacity needed to accommodate the remaining need for lower income, moderate, or above moderate income households, the City will identify and, if necessary, rezone sufficient sites within 180 days to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA. Any site rezoned will satisfy the adequate site requirements of Section 65583.2 and will be consistent with the City’s obligation to affirmatively further fair housing. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 12 months of adoption of the 2021-2029 Housing Element/Ongoing 2022/09/13 City Council Post Agenda Page 156 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-46 2.3 “Housing Impact Statement” for Discretionary Land Use and Planning Decisions: In compliance with SB 166 to ensure No Net Loss of sites available to meet the RHNA, to support the required findings when development of any parcel with fewer units by income category than identified in the housing element for that parcel and to demonstrate progress towards the RHNA, a “Housing Impact Statement” will be included in all staff reports for discretionary land use and planning decisions. This statement will expressly state how proposed actions meet the City’s housing goals and affirmatively furthers fair housing to encourage integrated and balanced living patterns . The statement will also describe any potential impacts that proposed actions may have on the City’s housing supply and the provision or loss of affordable housing. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 12 months of adoption of the 2021-2029 Housing Element 2.4 Annual Report on Housing: Continue gathering, tracking, and reporting data on development permits and construction in Chula Vista. Gather and analyze data on the City’s existing housing stock, including naturally affordable housing (housing priced at affordable rents but not subject to a rent- restriction agreement). Such information is to be provided on an annual basis to State HCD. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: By March 30th each year 2022/09/13 City Council Post Agenda Page 157 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-47 2.5 Enforce Density Minimums : In compliance with SB 166 to ensure No Net Loss of sites available to meet the RHNA, to support the required findings when development of any parcel with fewer units by income category than identified in the housing element for that parcel, and to demon strate progress towards the RHNA, require discretionary projects to meet dwelling unit density minimums. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Ongoing 2.6 Community Purpose Facilities Zoning Amendment (CVMC Chapter 19.48): The P-C zone, or any section thereof, must provide adequate land designated as “community purpose facilities (CPF),” as defined in CVMC 19.04.055, to serve the residents of the planned community. This zone currently allows services for the homeless, emergency shelters, and senior care but does not currently provide for other types of housing for special need population groups or lower income households. The City will explore amendments to applicable sections of the CVMC to allow residential development for lower income households as a by right use and as a public benefit in the context of CVMC 19.48.025. An amendment to the SPA Plan mayCommunity Plan would not be necessary. A change in allowed uses would facilitate future projects in the CPF Zone as needed to meet the City’s unmet RHNA. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget & LEAP Grant Implementation Timeline: Within 36 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 158 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-48 27 Annual Municipal Code Updates: Continue to identify opportunities to modify Title 19 of the CVMC to provide more certainty and flexibility in the project applicatio n and permitting approval process. Each update may include all state legislative changes to ensure local consistency with state requirements and to minimize conflicts with and reduce redundancy between codes. Revised Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Ongoing 2.8 Establish Parking Standards Appropriate for Different Kinds of Housing : Basic construction costs for residential developments have rapidly increased, and together with land prices, have increased the cost of housing. This has made homeownership and affordable rentals unattainable for many households. Parking is more expensive to supply in some places, so parking requirements add a cost to development, a nd a developer might build fewer housing units or may not develop at all if parking standards are excessive. Additionally, how people travel continues to change as more focus is being placed on alternative modes of transportation such as bikes and ridesha res and on remote work. The City will review its development standards to reflect current and anticipated parking needs and, if appropriate, revise or adopt new parking standards for affordable, senior-aged, mixed -use, and transit-oriented housing projects . New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget & LEAP Grant Implementation Timeline: Within 36 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 159 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-49 2.9 Objective Design Standards : The Housing Accountability Act, SB 35, and SB 2162 require that the City review housing development projects based on objective standards. The City will review and where necessary, revise and develop design guidelines and development standards to adopt more clear and objective standards related to the architectural review of residential and mixed -use residential developments. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget & LEAP Grant Implementation Timeline: Within 36 months of adoption of the 2021-2029 Housing Element 2.10 Improve Project Tracking and Reviews : Continue to improve the City’s development project tracking system, which is used to coordinate and complete project reviews. Monitor average proces sing times for ministerial and discretionary development permits and use data on processing times and applications to track review times and trends in citywide development. Improving electronic plan reviews can also reduce approval times and costs. Revised Program Lead(s): Development Services, Planning Division Funding Source: Department Budget & LEAP Grant Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element; Ongoing 2022/09/13 City Council Post Agenda Page 160 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-50 2.11 Improve the Efficiency of the Development Review Process for Housing Projects : Continue to improve the efficiency of the development review process. In conformance with California Government Code Section 65940.1 (SB 1483), the City has posted on its web site a current schedule of fees, applicatio n forms, zoning ordinances, and other information, and updates the information within 30 days of any changes. The City will be undergoing a review and update of its current website with the goal of improving navigation of the site and making more information available on the City’s website, along with review and development of other educational information to facilitate the permit process. The Development Services Department currently operates a one -stop front counter that combines building, fire, planning and engineering services to facilitate project review. The City offers an internet-based permit management system, through which, the public is able to access and track permit review and status. The City will continue to find opportunities to streamline the permitting process to remove unnecessary barriers, while implementing objective design standards, without compromising public health and safety. Revised Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 36 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 161 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-51 2.12 Review Nongovernmental Constraints Impeding Residential Development: In instances where residential developments have been approved by the City but building permits or final maps have not been obtained, the City will make diligent efforts to contact applicants to discover why units have not been constructed within two years after approval. If due to nongovernmental constraints, such as rapid increases in construction costs, shortages of labor or materials, or rising interest rates, to the extent appropriate and legally possible, the City will seek to identify actions that may help to remove these constraints. Additionally, the City will proactively work with stakeholders to identify nongovernmental constraints or other considerations that may impede the construction of housing in Chula Vista and work collaboratively to find strategies and actions that can eliminate or reduce identified constraints. Revised Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element and every 24 months thereafter 2.13 Water and Sewer Service Providers : Pursuant to California Government Code Section 65589.7 (a) (Senate Bill 1087; 2005), the City is required to deliver its adopted Housing Element and any amendments to local water and sewer service providers. This legislation allows for coordination between the City and water and sewer providers when considering approval of new residential projects. Additionally, cooperation with local service providers will support the prioritization of water and sewer services for future residential development, including units affordable to lower-income households. The City will submit the adopted Housing Element to local water and sewer providers for their review and consideration when reviewing new residential projects. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 3 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 162 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-52 ACCESSORY DWELLING UNITS Housing Policy 2.11 Promote Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) as a readily achievable method for creating affordable housing opportunities. Housing Policy 2.12 Promote design and development standards for Accessory Dwelling Units that preserve and enhance neighborhood character while satisfying state law. H ousing Policy 2.13 Promote programs and policies that streamline and incentivize Accessory Dwelling Unit production. Housing Policy 2.14 Create a program that allows property owners with existing unpermitted Accessory Dwelling Units to bring these units i nto compliance and add them to Chula Vista’s housing stock. Housing Policy 2.15 Promote the development of “Tiny Houses.” Implementing Programs 2.14 Promote Accessory Dwelling Unit Construction: In accordance with AB 671, local governments must include in their General Plan housing elements plans to incentivize and promote the creation of affordable ADUs. The City will continue to accommodate and promote the construction of affordable ADUs , particularly for special needs groups, seniors and perso ns with disabilities, by increasing the public awareness of the new provisions in state law expanding opportunities for ADU and JADU development and any future programs that may be adopted by the City. The City will develop multilingual outreach material for public dissemination, including updates to the City’s website, information at City Hall and via other appropriate print and digital media, particularly directed to historically underrepresented communities and in collaboration with local agencies serving such communities . New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget 2022/09/13 City Council Post Agenda Page 163 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-53 Implementation Timeline: Upon adoption of the City’s ADU ordinance in FY 2021 and Ongoing 2.15 Monitoring of Accessory Dwelling Units : Maintain an ADU monitoring program during the planning period that tracks ADU development, specifically for affordability levels and deed-restricted affordable units. By tracking ADUs, units can be accurately reflected in the Annual Housing Element report as providing more affordable housing opportunities. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing; 2021-2029 2.16 Mid -Cycle Accessory Dwelling Unit Production Evaluation : Conduct a mid - cycle review of ADU development within the 2021-2029 planning period to evaluate if production estimates are being achieved. Depending on the finding of that review, amendments to the Housing Element may be neces sary pursuant to California Government Code 65583.2. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: FY 2024-2025 2022/09/13 City Council Post Agenda Page 164 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-54 2.17 Permit Ready ADUs: In accordance with AB 671, local governments must include in their General Plan housing elements plans to incentivize and promote the creation of affordable ADUs. The City will explore establishing a 'Permit Ready' program for ADUs. As a part of the program, the City may accept prepared packages of pre -approved designs allowed under the County of San Diego’s program for ADUs that may be used by owners and that provide expedited processing and may result in overall reduced costs for applicants. New Program Lead(s): Development Services, Building Division Funding Source: Department Budget Implementation Timeline: Within 12 months of adoption of the City’s ADU ordinance in FY 2021 and Ongoing 2.18 Establish an Accessory Dwelling Unit Amnesty Program: In accordance with AB 671, local governments must include in their General Plan housing elements plans to incentivize and promote the creation of affordable ADUs. The City will analyze the demand for a program to allow owners with existing unpermitted ADUs to obtain permits to legal ize the ADUs during the 2021- 2029 planning period. The Amnesty Program would provide property owners the opportunity to formally legalize existing unpermitted ADUs of any size. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 165 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-55 2.19 Tiny Houses as ADUs : “Tiny Houses” are small, independent dwelling units, often mobile, that typically range between 120 and 400 square feet in size. Due to the size and nature of typical tiny house development, they generally may fit the City’s definition of an accessory dwelling unit (ADU). The City will explore the accommodation of movable tiny houses as a separate regulated residential use within the CVMC’s ADU regulations to encourage housing supply, choices, and affordability. New Program Lead(s): Development Services, Building & Housing Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 166 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-56 HOUSING VULNERABLE AND SPECIAL NEEDS POPULATIONS Special needs groups often spend a disproportionate amount of their income to secure safe and decent housing and are sometimes subject to dis crimination based on their specific circumstances. The development of affordable and accessible homes is critical to expand opportunities for persons with special needs. Many special needs persons, especially those in emergency shelters, transitional and s upportive housing, may be extremely low-income individuals, and implementation of the policies and programs below expand housing opportunities to serve their needs. Housing Policy 2.16 Encourage sufficient short and long -term supportive housing and facilities for people experiencing homelessness throughout the City, especially sites that are co -located with support services for health, mental health, and workforce development and that are located near transit Housing Policy 2.17 Encourage the construction, preservation, rehabilitation or expansion of residential hotels, group homes, integrated community apartments, and single -room occupancy dwellings and other alternative housing options to meet the housing needs of special needs populations and extremely low -income households throughout the City. Housing Policy 2.18 Coordinate with local social service providers to address the needs of the City’s homeless population and to provide housing suitable for special needs populations, including seniors, la rge families, the disabled, and farmworkers/laborers 2022/09/13 City Council Post Agenda Page 167 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-57 Implementing Programs 2.20 Emergency Shelters : California Government Code Section 65583(a)(4) requires local governments to identify one or more zoning categories that allow emergency shelters (year-round shelters for the homeless) without discretionary review. The statute permits the City to apply limited conditions to the approval of ministerial permits for emergency shelters. Pursuant to state law, emergency shelters are permitted within I -L industrial zone or an equivalent limited industrial zone within a City approved Sectional Planning Area plan or Specific Plan, as a use by right. Emergency shelters may also be allowed in the C-T thoroughfare commercial zone or an equivalent commercial zone or on land designated as “community purpose facilities” (CPF) within a City approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit. State law provisions (AB 139), have recently been modified to require the assessment of shelter needs be based on the most recent Point-in-Time Count and the parking standards for shelters be based on staffing levels . The City will review and revise as necessary its zoning ordinance related to AB 139. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: As requested; Ongoing Within 24 months of adoption of the 2021-2029 Housing Element for the review and revision if necessary. 2.21 Transitional and Supportive Housing: State Housing law mandates that local jurisdictions allow for transitional and supportive housing in residential zones. The City adopted Ordinance 3442 in 2018 to amend the City of Chula Vista Municipal Code to identify transitional/supportive ho using meeting California Government Code Section 65582 (g -j) definitions as a residential use of a property in a dwelling to be allowed under the same conditions as apply to other residential dwellings of the same type in the same zones, reference CVMC 19.58.315. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: As requested; Ongoing 2022/09/13 City Council Post Agenda Page 168 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-58 2.22 Supportive Housing and Low Barrier Navigation Centers : State law provisions (AB 2162 and AB 101), have recently been modified to require approval “by right” of supportive housing with up to 50 units and low barrier navigation centers that meet the requirements of state law. Low barrier navigation centers are generally defined as service-enriched shelters focused on moving people into permanent housing. Low barrier navigation centers provide temporary living facilities while case managers connect individuals experiencing homelessness to inco me, public benefits, health services, shelter, and housing. If the City receives applications for these uses, it will process them as required by state law. The City will adopt policies and procedures for processing these uses. The City will continue to an nually monitor the effectiveness and appropriateness of existing adopted policies. Should any amendments be required to existing policies pursuant to state law, the City will modify its existing policies, as appropriate. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2.23 Shared Living: Support private programs for shared living that connect those with a home and are willing to share living accommodations with those that are seeking housing, particularly persons with disabilities, seniors, students, and single person households. The City can identify programs offered in the community and assist in program outreach efforts for shared living programs through advertisements on the City’s website and placement of program brochures in key community locations , particularly where directed to historically underrepresented communities and in collaboration with local agencies serving such communities . Lead(s): Development Services, Housing Division Funding Source: CDBG Implementation Timeline: Ongoing/ Annual review of progress 2022/09/13 City Council Post Agenda Page 169 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-59 2.24 Single Room Occupancy Residences: SRO units are typically one -room units intended for occupancy by a single individual. They are distinct from a studio or efficiency unit, in that a studio is a one -room unit that must contain a kitchen and bathroom. Altho ugh SRO units are not required to have a kitchen or bathroom, many SROs have one or the other and could be equivalent to an efficiency unit. State law requires that the City accommodate this housing type, and they provide smaller, less expensive housing units. The City has amended its Zoning Ordinance to permit SROs in its multifamily zones to encourage units that are cheaper by design, reference CVMC 19.58.265. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: As requested; Ongoing 2.25 Qualified Employee Housing: Pursuant to the State Employee Housing Act (Section 17000 et seq. of the Health and Safety Code), employee housing for agricultural workers consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household is permitted by right in a zoning district that permits agricultural uses by right. Therefore, for properties that permit agricultural uses by right, a local jurisdiction may not treat employee housing that meets the above criteria any differently than an agricultural use. The Act also requires that any employee housing providing accommodations for six or fewer employees be treated as a single-family structure, with no conditional or special use permit or variance required. The City has amended the Zoning Code to include these provisions, reference CVMC 19.58.144. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: As requested; Ongoing 2022/09/13 City Council Post Agenda Page 170 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-60 2.26 Large Residential Facilities: Residential facilities for seven or more persons are allowed in any zone as an unclassified use with a conditional use permit (CUP) approved by the City’s Zoning Administrator without a requirement for a public hearing (CVMC 19.14.030 (A)). The minor CUP is subject to additional standards listed in CVMC 19.58.268. The City will review the provisions for large residential facilities for seven or more persons , analyze the demand and consider revis ions to consider the use by right within appropriate zones throughout the City and other revisions as necessary to its zoning ordinance to miti gate the potential constraints on housing for persons with disabilities. Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 171 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-61 Goal 3: Create opportunities for affordable housing, particularly in vulnerable areas and in areas of opportunity The disparities in household income, age and types of housing available between the eastern and western portions of the City demonstrates a need to promote greater diversity in housing choices related to pricing and housing type within each of these geographic areas. When areas of the City are pred ominated by one type of housing or tenure (owner versus renter occupied), it limits the housing choices of residents and perpetuates the established disparities and associated socials issues. The provision of a variety of housing types in terms of density, size, and more importantly tenure and providing these units in appropriate locations throughout the City to minimize the creation of economic housing enclaves and provide greater access to resources, amenities, and opportunity, will enable the City to a ccommodate the varied needs and desires of the community in order to achieve more balanced residential communities and to meet underserved housing needs of lower income households. As areas in older more established neighborhoods within the western area o f the City look to revitalize with newer mixed use and/or residential developments, housing with existing lower- income households should be preserved to meet their underserved housing needs and to minimize displacement impacts. To create opportunities fo r housing for lower income households, housing policies and programs will focus on the following objectives:  Preserve existing affordable housing opportunities, when feasible and practical, to maintain an adequate supply of affordable housing.  Encourage the provision of a wide range of housing choices and equitable distribution by location, type of unit, and price level, in particular the establishment of permanent affordable housing for low -and moderate -income households. 2022/09/13 City Council Post Agenda Page 172 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-62 PRESERVING AFFORDABLE HOUSING Housing Policy 3.1 Preserve existing low -income housing to maintain an adequate supply of affordable housing. Housing Policy 3.2 Monitor housing for lower-income households lost and replace housing to minimize displacemen t of lower-income households. Implementing Programs 3.1 Expiring Affordability Restrictions : Proactively work with property owner(s) of “at-risk” assisted housing developments whose affordability restrictions are due to expire by 2029, as identified within Appendix D of this Element, and affordable housing developers to evaluate the viability of continuing the affordability of such housing through owner participation, public subsidies or participation by affordable housing developers. The City will i mplement the following actions on an ongoing basis to conserve its affordable housing stock:  Annually monitor the status of identified “at-risk” assisted housing developments.  If an opportunity arises due to the pending sale of the property, establish contact with public and non -profit agencies interested in purchasing and/or managing units at risk. Where feasible, provide technical assistance to these organizations with respect to financing.  Should the property owner pursue conversion of the units to marke t rate, ensure that tenants are properly noticed and informed of their rights and that they are eligible to receive special Section 8 vouchers that would enable them to stay in their units. Provide tenants with multilingual information regarding Section 8 rent subsidies through the San Diego County Housing Authority, and other affordable housing opportunities in the City. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing 2022/09/13 City Council Post Agenda Page 173 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-63 3.2 Data Collection and Compliance with Coastal Zone Housing Element-Related Requirements : A small area south of Palomar Street along Stella, Ada and Elise Street along the Bayfront, with approximately 38 residential units, is located within the Coastal Zone. There has been no activity (new construction or demolition of existing housing ) since 1982 and remains unchanged. Development along the Bayfront Coastal area has taken place north of Palomar Street. California Government Code Section 65588(d) requires that cities with areas within the Coastal Zone include within their Housing Element all of the following:  A review of the number of housing units approved for construction within the Coastal Zone after January 1, 1982;  The number of housing units for persons and families of low or moderate income provided in new housing developments either within the Coastal Zone or within three miles of the Coastal Zone;  The number of existing residential units occupied by persons and families of low or moderate income that have been authorized to be demolished or converted since January 1, 1982 in the Coastal Zone; and  The number of residential units for persons and families of low or moderate income required for repla cement in compliance with Section 65590. The City will continue to monitor and maintain records regarding the affordability of new construction, conversion, and demolition of residential units within the City limits in order to comply with Sections 65588(d ) and 65590 of the California Government Code. Lead(s): Development Services, Planning and Housing Divisions Funding Source: Department Budget Implementation Timeline: As required; Ongoing 2022/09/13 City Council Post Agenda Page 174 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-64 3.3 Data Collection and Compliance with SB 330 Housing Replacement Requirements : Senate Bill 330, effective January 1, 2020 through January 1, 2025, requires developers demolishing housing to replace any restricted affordable or rent-controlled units and comply with specified requirements, including the provi sion of relocation assistance and a right of first refusal in the new housing to displaced occupants. With the passage of Assembly Bill 1482 or the “Tenant Protection Act of 2019,” effective January 1, 2020 until January 1, 2030, residential tenants are p rovided state -wide rent control. Any housing units covered under AB 1482-statewide rent control are therefore also subject to SB 330 and replacement of the housing. As permits are requested for the demolition of housing, the City will obtain information related to the following and require one -for-one replacement when required:  The number of existing residential units proposed to be demolished or converted; and  The number of these residential units by bedroom size occupied within the last five years by persons and families of low or moderate income and therefore required for replacement. New Program Lead(s): Development Services Funding Source: Department Budget Implementation Timeline: As required; Ongoing 2022/09/13 City Council Post Agenda Page 175 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-65 CREATE NEW OPPORTUNITIES Housing Policy 3.3 Administer initiatives that prioritize affordable housing, especially units that are easier and faster to build. Housing Policy 3.4 Provide opportunities for low and moderate -income housing in all five planning areas in the City and ensure that its location will not tend to cause racial segregation and will provide access to areas of high opportunity. Require that such housing should be high quality in terms of design and construction without sacrificing affordability. Housing Policy 3.5 Encourage affordable housing on publicly owned sites suitable (in terms of geology, topography, proximity to commercial areas) for development and not needed for public use by re -designating such properties with mixed - use land use designations and zoning. H ousing Policy 3.6 Create programs which facilitate and incentivize the development of Accessory Dwelling Units with associated affordability deed-restrictions. Implementing Programs 3.4 Balanced Communities – Affordable Housing : Continue to implement the Balanced Communities-Affordable Housing Policy first adopted by the City’s Housing Element in 1981 and any implementing guidelines as adopted and updated. For all new residential projects consisting of 50 or more dwelling units, 10 percent of the residential units within the development shall be affordable to low- and moderate-income households (5 percent low-income and 5 percent moderate-income). The City may approve alternatives to the construction of new inclusionary units, such as provision at another location (“off-site”) or payment of an in -lieu fee, where the proposed alternative provides a more effective and feasible means of satisfying the requirements and greater public benefit. For those developments proposed in areas of concentrated with low-income households , the requirement is waived to avoid further segregated living patterns. 2022/09/13 City Council Post Agenda Page 176 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-66 Review the existing policy for its feasibility in making progress towards the low- and moderate-income RHNA allocations for the City, with a supportable increase in the affordable requirement, lower the threshold of applicability, adopt an Inclusionary Housing Ordinance and revision of the in-lieu housing fee , based upon findings and recommendations of the feasibility analysis. Possible alternatives to new construction of units may include off -site construction, land dedication, preservation of 'at risk' housing, and in -lieu fees (except on sites designated to accommodate housing for very low and low income households for RHNA). Revised Program Lead(s): Development Services, Housing Division Funding Source: Department Budget/LEAP Grant Implementation Timeline: Ongoing; Within 36 months of adoption of the 2021-2029 Housing Element 3.5 Establish Streamlining and Incentives for Projects Proposing Affordable Units : This program will seek to reduce or eliminate potential constraints to the development of affordable housing. The City will identify and evaluate constraints to affordable housing development and propose specific metho ds and strategies to address and remove the identified regulatory constraints to facilitate production of affordable housing. Results of this program may include entitlement exemptions, streamlined review processes or allowing affordable housing as a by ri ght use, fee subsidies and/or payment deferrals, or other methods deemed appropriate to support the accommodation of future affordable housing units. The program will also explore potential incentives for projects that provide a greater number of affordable housing units than the City’s Balanced Communities Policy (aka “inclusionary housing”) would otherwise require and in areas with greater access to resources, amenities, and opportunity. Lead(s): Development Services, Housing Division Funding Source: Department Budget & LEAP Grant Implementation Timeline: Within 36 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 177 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-67 3.6 Update Density Bonus Ordinance (CVMC 19.): California Government Code Section 65915 (“State Density Bonus Law”) requires that a jurisdiction adopt a local Density Bonus Ordinance consistent with state law. Recent updates to State Density Bonus law, AB 1763 and AB 2345, particularly provide significant incentives for 100 percent affordable housing and those that are transit oriented . State law imposes density bonus requirements on local jurisdictions. The Density Bonus law allows an increase in the total number of units permitted on a lot, above the baseline number of units permitted per the applicable zone, in exchange for the pro vision of more affordable housing units (units that are income restricted for lower income households) in the “bonus project” than would otherwise to increase the production of housing for a wide range of residential needs in the community, including housi ng for very-low, low - and moderate -income households, students, homeless, disabled veterans and for seniors. Additionally, Density Bonus law provides for developers of eligible projects to request waivers, incentives and concessions as needed to make the project economically feasible. Waivers are modifications of volumetric requirements that can be requested to physically accommodate increased density (i.e. height and floor area ratio). The requested waiver cannot exceed what is necessary to accommodate the bonus. In addition, developers of a density bonus project can receive development incentives or concessions, up to four concessions, depending upon the percentage of affordable units the developer provides. Parking ratios are also dictated by State Dens ity Bonus law and have been eliminated for those transit affordable housing developments. For those infill developments, replacement of any existing or prior housing units within the last five years on the project site will be required by bedroom size and affordability level. Full details of concession/incentive application requirements are detailed in Chapter 19.40 of the Chula Vista Municipal Code (CVMC) and State Density Bonus law. 2022/09/13 City Council Post Agenda Page 178 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-68 The City will continue to review and approve requests under State Density Bonus law (including requests for incentives, concessions, waivers, and parking reductions) so that projects that qualify are not prevented from developing at the densities to which they are entitled The City is required to apply current state law regardless of when the local amendments are adopted. Chapter 19.40 of the Chula Vista Municipal Code (CVMC) will be revised for compliance with State Density Bonus law. Revised Program Lead(s): Development Services, Housing Division Funding Source: Department Budget & Grants Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 3.7 Promote Accessory Dwelling Unit Construction : Develop an incentive program that will facilitate the development of Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Units (JADU) affordable to very low - income households , particularly for persons with disabilities or special needs, seniors, students, and single person households , for a period of 30 years. This program would specifically target the production of affordable units to accommodate RHNA growth need. The development of incentives will be based upon review and evaluation of current programs and policies, survey of programs from other agencies to determine the most feasible and effective alternatives. For instance, the City is exploring potential loan programs or other financial incentives to encourage the preservation and construction of ADUs that are affordable to lower and moderate -income households. The City is also reviewing other incentive programs that would encourage new ADU/JADU development at affordable rents, assistance for existing un-permitted ADU/JADU units to meet code compliance, and other forms of assistance. Programs such as the City of Los Angeles LA ADU Accelerator Program, Napa County Junior ADU Loan Program, and the Los Angeles County Second Dwelling Unit Pilot Program are being researched. The exploration and determination of incentives will be done i n conjunction with other ADU policies and programs. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget 2022/09/13 City Council Post Agenda Page 179 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-69 Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 3.8 Track lower income housing units by Council District: Maintain a comprehensive, consolidated information resource of units reserved for low- and moderate- income households that includes the District with the units’ location information to ensure a balanced and equitable distribution of affordable housing throughout the City. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Within 12 months of adoption of the 2021-2029 Housing Element ; Ongoing ATTAINABLE HOMEOWNERSHIP Housing Policy 3.7 Increase homeownership rates, particularly in the Northwest and Southwest Planning areas, as a means to build individual wealth and stabilize existing residential neighborhoods. Implementing Programs 3.9 First Time Homebuyer Assistance : Continue assistance to low -income households, specifically targeting participation by current residents in rent restricted affordable housing, to purchase their first home through the City’s First Time Homebuyer Down Payment and Closing Cost Assistance Program. Consider amendments, as necessary, to the Program to adequately reflect real estate market conditions. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing; Funding, review and revision of the Program with execution of a new administrator in FY 2021-2022 2022/09/13 City Council Post Agenda Page 180 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-70 3.10 Support Homeownership Development and Financing : Support and encourage the development of homeownership, particularly self-help, development projects or permanent financing for mutual housing and cooperative developments Lead(s): Development Services, Housing Division Funding Source: CalHOME Implementation Timeline: As opportunities and resources become available. Apply for CalHOME in FY 2021-2022 and evaluate annually. 3.11 Condominium Conversion Ordinance : Review the feasibility of implementing a program to mitigate the displacement of residents, who may be required to move as a result of the conversion of residential rental units to ownership housing (e.g. condominium, stock cooperatives, or community apartment units). The intent of the program would be to allow the conversion of existing dwelling units to ownership housing should the project also provide the City with affordable housing units or dedicated housing fees that can be used for the development of affordable housing within the City. Possible alternatives to explore include:  An Affordable Unit Set-aside,  Donation of off-site affordable units, or  Payment of an in-lieu Housing Mitigation Fee for each unit to be converted. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Within 48 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 181 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-71 MOBILEHOME COMMUNITIES Housing Policy 3.8 Support mobilehome parks as an alternative housing opportunity. Implementing Programs 3.12 Mobilehome Space Rent Review: Continue to enforce CVMC Chapter 9.50 to protect mobilehome residents’ investment in their home while at the same time providing a reasonable return to the park owner in order to preserve this housing alternative. Lead(s): Development Services, Housing Division Funding Source: Department Budget; Mobilehome Administration Fee Implementation Timeline: Ongoing/ Annual review of progress 3.13 Resident Ownership of Mobilehome Parks : Promote the purchase of those mobilehome parks with a Mobilehome Park (MHP) zone designation by park residents, when a park becomes available for sale in accordance with CVMC Chapter 9.60 (Sale of a Mobilehome Park). Accordingly, resident organizations shall have a right to purchase a park listed for sale if the organization is able to reach an acceptable price and terms and conditions with the mobilehome park owner. Financial assistance that may be provided by the state, or other funding sources may b e limited to income eligible residents and require affordable housing costs. Over the past 25+ years, mobliehome residents have not expressed an interest in the purchase of their park. Due to current market conditions and high real estate costs, the financial feasibility to purchase , should an opportunity occur, is not anticipated. Lead(s): Development Services, Housing Division Funding Source: State MPROP Implementation Timeline: As opportunities and funding resources become available. Review on an annual basis MPROP funding and interest. 2022/09/13 City Council Post Agenda Page 182 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-72 3.15 Mobilehome Park Conversion : Continue to enforce CVMC Chapter 9.40 to protect the rights of residents as mobilehome/trailer parks are closed or converted to other uses. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: As required. 2022/09/13 City Council Post Agenda Page 183 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-73 Goal 4: Promote equitable and accessible housing options and resources. The City will work towards aligning crosscutting citywide actions and policies to support equitable and accessible housing options for Chula Vista residents along the housing continuum. Actions or policy decisions under this goal will enable housing strategies more broadly through community engagement, formal legislative or regulatory action, or new and creative finance mechanisms. Many are aware that housing affordability is affecting individuals and households across the income spectrum and that the housing market has not kept pace with the needs of the population and economy. Despite this awareness, many residents do not know why housing production has not met needs, why more new types of housing are needed, why City infrastructure struggles to keep pace with community desires, or what the City is doing to facilitate more housing construction. The cost of permitting, the decline in property ta x revenue following the passage of Proposition 13 (in 1978), and individuals’ opposition to denser, more efficient development, all contribute to the housing production slowdown and unmet infrastructure demand in the San Diego region. It is important for the City to proactively inform residents about why we need housing and where it makes the most economic, social, and environmental sense to build it. This outreach of housing needs, resources and ideas should be citywide and easily accessible. Housing Policy 4.1 Collaborate and cooperate with state and federal agencies and local fair housing agencies to enforce fair housing laws addressing discrimination in the building, financing, selling or renting of housing based on race, religion, family status, national origin, disability, or other protected class. Housing Policy 4.2 Collaborate and cooperate with local and regional agencies to provide multilingual fair housing education services and regional efforts to affirmatively further fair housing. Housing Policy 4.3 Utilize available federal, state, and local financing sources and subsidies to assist in the preservation and creation of affordable housing to address the underserved financial needs of very low-and low-income households and housing serving special needs, such as farmworkers, persons with disabilities, and extremely low income persons throughout 2022/09/13 City Council Post Agenda Page 184 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-74 the City. Housing Policy 4.4 Provide resources accessible to Chula Vista residents identifying available housing services, assistance and other resources, especially to economically vulnerable residents. Housing Policy 4.5 Work collaboratively with federal, state, local and private entities to identify funding, financing and assistance programs throughout the planning period. Housing Policy 4.6 Support and coordinate existing and new regional and local efforts to provide housing and services for the homeless through a continuum of care model. Housing Policy 4.7 Promote and facilitate early, transparent public input and participation , particularly directed to tho se historically underrepresented communities, emphasizing community awareness of the City of Chula Vista’s goals, tools, available resources and programs for lower income households. Housing Policy 4.8 Encourage non-governmental agency participation in the identification and implementation of resource and assistance programs. Implementing Programs 4.1 Affirmatively Further Fair Housing : Pursuant to AB 686, the City will affirmatively further fair housing by taking meaningful actions in addition to resisting discrimination, that overcomes patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected classes, as defined by state law. Chula Vista is a recipient of Federal Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds, which requires a Regional Analysis of Impediments to F air Housing Choice. As a recipient of these funds, the City certifies that it will affirmatively further fair housing and utilizes these funds to further the efforts of affordable housing in the City and to affirmatively further fair housing. In accordan ce with Federal and State Fair Housing and Housing Element law, the City will affirmatively further fair housing choice and promote equal 2022/09/13 City Council Post Agenda Page 185 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-75 housing opportunity. The City is a participant in the regional planning efforts to reduce impediments to fair housing choice and to affirmatively further fair housing through education, testing and enforcement activities. To affirmatively further fair housing in Chula Vista, the City will work with regional and local partners to identify, address and eliminate housing di scrimination as identified in the Regional Analysis of Impediments to Fair Housing Choice (AI). The City collaborates with other jurisdictions in San Diego County through the San Diego Regional Alliance for Fair Housing (SDRAFFH), to prepare the San Diego County AI every five years. The current AI for FY 2020- 2025, adopted by the City Council in May 2020, identifies the following impediments to fair housing within jurisdictions in San Diego County:  Fair housing information needs to be disseminated through many media forms to reach the targeted groups.  Hispanics and Blacks continue to be under-represented in the homebuyer market and experience large disparities in loan approval rates.  County Housing Choice Voucher holders tend to be concentrated in El Cajon and National City.  Housing choices for special needs groups, especially persons with disabilities and seniors, are limited.  Fair housing enforcement activities such as random testing are limited.  Patterns of racial and ethnic concentration exist in the reg ion, although there are no racially or ethnically concentrated areas of poverty in Chula Vista .  Racial Segregation and Linguistic Isolation: The cities of National City, Chula Vista, El Cajon, and Escondido have the highest percentage of total residents who spoke English “less than very well”. Most of these residents were Spanish speakers. Chula Vista will continue to support the San Diego Regional Alliance for Fair Housing in the development of and subsequent amendments to the Regional Analysis of Impediments to Fair Housing Choice in the County of San Diego and implement its recommended actions. 2022/09/13 City Council Post Agenda Page 186 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-76 The City will continue to work with the community to address potential constraints to fair housing within Chula Vista. This may include actions such as an analysis of barriers to entry into homeownership or rental, review of historic policies or restrictions that may have prevented or may still prevent disadvantaged groups from locating in Chula Vista, or specific actions that contribute to Chula Vista being more inclusive to all racial, social and economic groups. The City and its Fair Housing Provider will ensure that the items described in the below matrix are addressed during the 6th Housing Element Cycle using available funding sources. Quantifiable objectives and outcomes are further described below under City Actions: Responsible Agencies:  City of Chula Vista - Housing Division  CSA of San Diego County (Fair Housing Provider) Financing:  Community Development Block Grant (CDBG)  Home Investment Partnership Act (HOME)  Emergency Solutions Grant (ESG)  Chula Vista Housing Authority funds including In Lieu Fees  Low-and-Moderate Income Housing Asset fund  U.S Treasury and HCD Emergency Rental Assistance funding  Cal -Home funding from H CD  Low Income Housing Tax Credits  Bond Financing - Chula Vista Housing Authority (as bond issuer) Summary Matrix of Fair Housing Issues and Actions for Mitigation AFH Identified Fair Housing Issue Contributing Factors City Actions Fair Housing Enforcement and Outreach Insufficient and inaccessible outreach and enforcement:  Participate in the quarterly SDRAFFH meetings and other events to coordinate regional responses to housing discrimination issue. 2022/09/13 City Council Post Agenda Page 187 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-77 Housing Mobility  Lack of variety of outreach to inform residents of their rights under the Fair Housing Act and State Fair Housing Laws.  Increase funding to the City’s Fair Housing Services Provider to increase outreach efforts and to have a greater social media presence, including: o Developing a pocket guide of fair housing resources in year one for distribution and updating as needed; o Conducting a minimum of four (4) events per year; and o Holding two (2) property manager trainings per year.  Leverage HUD’s FHIP Grants with the City’s CDBG funds to conduct random testing. Require the City’s Fair Housing Provide to conduct random testing at three (3) properties per year.  Work with the City of Chula Vista’s Office of Communications to ensure that the City of Chula Vista social media informs residents and landlords on where to seek help for Fair Housing related issues, including tenant/landlord disputes.  Update the City of Chula Vista website to include additional information on State source of income protections (SB329 and SB229).  Promote the County of San Diego’s Housing Choice Voucher Program to eligible residents who access the City’s website, call the Housing Line at 619-691-5047 or visit the Housing Division offices in person.  Encourage subrecipients who receive CDBG funding to enroll/sign up their clients for the Housing Choice Voucher program and public housing units in Chula 2022/09/13 City Council Post Agenda Page 188 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-78 Vista. New Housing Choices in Areas of High Opportunities Place-Based Strategies to Encourage Community Revitalization Concentration of minorities and LMI households and special needs groups:  Lack of private investment  Location and type of affordable housing  Inaccessible sidewalks and pedestrian crossings, or other infrastructure Encourage mixed income strategy in housing development by:  Promoting development of affordable housing in areas of high opportunity and near transit corridors.  Increasing the visibility of the City’s Density Bonus incentives and concessions.  Invest in aging infrastructure using Measure P funding and other grant funds such as Gas Tax funding and CDBG funding.  Support the Annual Beautify Chula Vista Event to improve neighborhoods.  Encourage Developers to use LIHTC using a mixed income approach versus only providing units at 50% and 60% AMI.  Implement the City’s Climate Action Plan to promote Climate Equity: o Update the Climate Equity Index every five years to identify census tracts for improvements in the following categories: environmental, socioeconomic, health, and mobility. o Increase outreach and engagement in high scoring census tracts. o Seek funding for high scoring census tracts. Substandard housing conditions:  Age of housing stock  Cost of repairs or rehabilitation  Review the Community Housing Improvement Program (CHIP) for program effectiveness and modify as appropriate.  Promote the City’s CHIP to displacement risk areas (CDBG-Eligible Census Tracks) and to mobile home residents (Citywide), 2022/09/13 City Council Post Agenda Page 189 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-79 resulting in assistance to ten (10) households during the 6th cycle. Protecting Residents from Displacement (AB3) Displacement risk of low- income residents due to economic pressure:  Unaffordable rents  Concentration of poverty in some census tracts  Availability of affordable housing  Provide 200 residents annually with information and referral services to access City funded programs such as housing rehabilitation assistance, first time homebuyer programs, affordable rental listing, Fair Housing Services. Services provided in persons or via phone at 619- 691-5047.  Promote the City’s rent review program for eligibility mobile home rents (Chapter 9.50 of the Chula Vista Municipal Code) and conduct at least two (2) educational events at parks annually.  The City’s Fair Housing provider shall conduct an Annual Fair Housing Event in coordination with the SDRAFF.  Promote the City of Chula Vista’s First Time Homebuyer Program through annual outreach to affordable housing complexes and holding at least three (3) homebuyer fairs during the 6th cycle.  Assist five (5) households through the First Time Homebuyer Program annually.  Promote the City’s Emergency Rental Assistance, Utility Assistance and Tenant Based Rental Assistance programs to special needs populations and the community at large, assisting up to 20 households annually.  Work with Developers to build affordable housing in-line with their obligations under the City’s Balanced Communities Policy (e.g. Inclusionary Housing). 2022/09/13 City Council Post Agenda Page 190 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-80  Invest HOME funds, Low Mod funds, and Inclusionary Housing funds to support affordable housing development for extremely low and very low-income households including but not limited to special needs and permanent supportive housing.  Fund three (3) Permanent Supportive Housing projects and three (3) Low- Income Hous ing projects during the 6th cycle that will create 500 affordable rental units. Lead(s): Development Services, Housing Division Funding Source: CDBG and private sector programs Implementation Timeline: Ongoing as outlined above 4.2 Environmental Justice Element: Adopt an Environmental Justice Element as an additional Element of the City’s General Plan. The Environmental Justice Element will include policies and programs to reduce community health risks including addressing air quality, access to public facilities, healthy food access, safe and sanitary homes and physical activity. New Program Lead(s): Development Services, Planning Division Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 191 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-81 4.3 Issuance of Multifamily Housing Revenue Bonds : Facilitate the creation of new affordable housing opportunities for very low and low -income households through the issuance by the Chula Vista Housing Authority of Multifamily Mortgage Revenue Bonds providing below -market financing for developers willing to set aside a portion of their rental units as affordable housing. Lead(s): Development Services, Housing Division; Chula Vista Housing Authority Funding Source: Multifamily Housing Revenue Bond program Implementation Timeline: Ongoing 4.4 Housing Assistance Funds : Continue to make the funds accrued in the City’s Housing Assistance funds available to increase, preserve, and enhance housing affordable to individuals or families of extremely low, very low or low-income levels. Funding comes from the City’s available federal HOME funds, state Permanent Local Housing Allocation funds, Low and Moderate - Income Housing Asset fund, or any local Balanced Communities In Lieu fees. As funding permits, the City will provide gap financing to developers of affordable housing to leverage state, federal, and other public affordable funding sources. Gap financing will focus on multifamily rental housing units affordable to lower income households and households with special needs (such as seniors and disabl ed). To the extent feasible, the City will also ensure a portion of the affordable housing units created will be available to extremely low -income households. Funding can be used for acquisition of land, rehabilitation and construction of affordable units. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: As opportunities and resources become available. A Notice of Funding Availability to be released in Summer/Fall 2021 for permanent supportive housing , with NOFAs to be released every other year as funds are available. 2022/09/13 City Council Post Agenda Page 192 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-82 4.5 Fee Waivers and Deferrals : The City currently offers certain waivers or deferral of development impact fees for projects with an affordable housing component. The City Council may waive or defer such fees for projects that include affordable housing units, as outlined within the City’s Municipal Code. These waivers or deferrals may contribute to the reductions in construction costs and positively influences the affordability of the units for lower income households. The City will continue its fee waiver and deferral program and related policies that remove or reduce governmental constraints for those projects that include an affordable housing component. Lead(s): Development Services Funding Source: Department Budget Implementation Timeline: As requested; Ongoing 4.6 SB 35 and AB 2162: Develop materials and outreach methods that explain SB 35, effective January 1, 2018, and AB 2162, effective January 1, 2019, streamlining provisions and eligibility for certain housing units. SB 35 requires cities to streamline the approval of certain housing projects with at least 50% of the proposed residential units dedicated as affordable to households at 80% AMI and meeting other criteria by providing a ministerial approval process. AB 2162 requires cities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing th e requirement for CEQA analysis and removing the requirement for Conditional Use Authorization or other similar discretionary entitlement. New Program Lead(s): Development Services, Planning and Housing Divisions Funding Source: Department Budget Implementation Timeline: Within 24 months of adoption of the 2021-2029 Housing Element 2022/09/13 City Council Post Agenda Page 193 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-83 4.7 Community Support for Housing at a Variety of Income Levels : Work with the community to achieve community support for housing at a variety of income levels. The City may pursue this through policy and regulatory strategies such as ensuring that higher density housing developments are of excellent design quality. If additional infrastructure improvements are required to accommodate increased housing development, th e City will proactively amend its capital improvement program. The City will provide information to the Chula Vista community about local housing needs, state law requirements, and other topics related to housing for all income levels. New Program Lead(s): Development Services, Planning and Housing Divisions Funding Source: Department Budget Implementation Timeline: Ongoing Within 12 months of adoption of the 2021-2029 Housing Element to coincide with work programs related to ADUs/JADUs, Balance d Communities Policy, construction of the Bridge Shelter and NOFA for permanent supportive housing. 2022/09/13 City Council Post Agenda Page 194 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-84 4.8 Reasonably Accommodate Housing for Persons with Disabilities : To ensure full compliance with reasonable accommodation procedures of the Fair Housing Act, the City has adopted a Reasonable Accommodation Ordinance to establish procedures for the review and approval of requests to modify zoning and development standa rds to reasonably accommodate persons with disabilities, including persons with developmental disabilities. The procedures do not require any permit other than the reasonable accommodation request, involve no public notice unless the City's determination is appealed, and no fee is charged. To ensure continued compliance with reasonable accommodation procedures of the Fair Housing Act, the City will provide for annual review of requests for reasonable accommodations. Based upon this annual review, the City will update the Reasonable Accommodation Ordinance as appropriate. To ensure the community is aware of reasonable accommodation policies and programs, the City will conduct specific actions to promote the Reasonable Accommodation Ordinance and disseminate this information to the general public, including underrepresented communities. The City will develop materials and outreach methods to increase public awareness and ease of access to policies, programs and processes addressing reasonable accommodation. These methods will be consistent with Policy 4.16 below to promote access to information and resources. Revised Program Lead(s): Development Services Funding Source: Department Budget Implementation Timeline: As requested; Ongoing 2022/09/13 City Council Post Agenda Page 195 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-85 4.9 Homebuyer Education & Counseling : Support and encourage developers, lenders and social service organizations to provide educational programs, loan counseling, and materials for homeowners and potential homeowners on home maintenance, improvement, and financial mana gement. The purpose of these educational programs will be to help first time homebuyers prepare for the purchase of a home and to understand the importance of maintenance, equity, appreciation, and personal budgeting to minimize foreclosure rates. Lead(s): Development Services, Housing Division Funding Source: Private Resources Implementation Timeline: As funds are available. 4.10 Interfaith Partnership Opportunities : Continue to encourage local faith - based organizations to work together to provide services and housing (e.g. participation in the Interfaith Shelter Network rotating shelter and St. Mark’s Lutheran Church Helping Hands program). Lead(s): Development Services, Housing Division Funding Source: CDBG and private sector programs Implementation Timeline: As resources become available; Ongoing 2022/09/13 City Council Post Agenda Page 196 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-86 4.11 Reduce Homeless: Continue to work with regional agencies to identify the annual and seasonal need for homeless in Chula Vista through the “We All Count” program conducted through the San Diego Regional Task Force on the Homeless. The City will support and advance progra ms and policies to address the identified annual and seasonal need in Chula Vista. To the extent that funds are available, the City will continue to sponsor or assist emergency shelter facilities, inside City limits or outside within a reasonable proximity to the City, as well as encourage or support facilities by providing grants, or low cost loans, to operating agencies. In 2020 and 2021, City Council accepted a donation of a stress membraned structure manufactured by Sprung Structures and allocated federal funding to site improvements, infrastructure , housing units and equipment necessary to support the development and operation of a temporary Bridge Shelter program for the homeless to serve the Chula Vista community and began construction in 2022. Lead(s): Development Services, Housing Division Funding Source: CDBG, ESG, PHLA, and private sector programs Implementation Timeline: As resources become available; Ongoing 4.12 Housing Choice Voucher Program: The Housing Choice Voucher Program is a rent subsidy program that utilizes Section 8 funds for rental assistance to low income households to facilitate their rental of private units. The Housing Authority of the County of San Diego (HACSD) administers this housing assistance program for the City of Chula Vista. The Program extends rental assistance to low income and very low-income families, elderly, and disabled persons who spend more than 30 percent of their income on rent. The rental assistance repres ents the difference between 30 percent of the monthly income and the actual rent. The owner’s asking price must be comparable to rent charged in the area for similar units. The City will continue to contract with HACSD to administer and allocate Housing Choice Vouchers and expand outreach and education on SB 329 and SB 229 on Source of Income Protection to promote the use and expand the locational choices for the Housing Choice Voucher Program. Lead(s): Development Services, Housing Division 2022/09/13 City Council Post Agenda Page 197 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-87 Funding Source: Department Budget Implementation Timeline: Ongoing 4.13 Information of Resources for Basic Needs : Continue to make available on the City’s website, public/civic center public counters and by City personnel in regular contact with homeless or economically vulnerable households multilingual informational materials to provide contact information regard ing basic needs, such as emergency food, shelter, and services for the homeless and economically vulnerable. Lead(s): Development Services, Housing Division Funding Source: CDBG and private sector programs Implementation Timeline: Ongoing 4.14 Student Housing Resources and Assistance: The San Diego region is home to several universities and colleges, all of which have students of varying income levels and housing needs. Located in Chula Vista, serving students in the South Bay region, Southwestern College generates a high demand for housing to accommodate students. Many stu dents are of low income, independent and are not able to secure paid work due to the commitment required to focus on coursework, leaving them with less income available to afford housing. In order to help connect students with affordable housing options i n Chula Vista, the City will develop informational materials on available affordable housing options and housing assistance and make these housing resources available to students of colleges and universities in proximity to Chula Vista. It is hoped that as the local production of ADUs increases, the City will be able to connect ADU property owners who are seeking renters with students, singles, and seniors who are seeking housing. New Program Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing 2022/09/13 City Council Post Agenda Page 198 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-88 4.15 Maintain a Database and Provide Information on Community Assistance Programs : Compile, maintain and publicize a list of federal, state, regional, and local community assistance programs that may be available to residents, dependent on certain qualification criteria. The City will periodically update this list to ensure informatio n is up -to -date and promote and coordinate access to housing and community assistance programs, particularly to the City’s elderly and other special needs populations (disabled/developmentally disabled, large households, female -headed households, homeless, and students ) . Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing 4.16 Promote and Coordinate Access to Housing and Community Assistance Resources, Programs and Services : To ensure the community is aware of available resources, such as community assistance programs, student and senior housing resources, fair housing, landlord -tenant relations, and reasonable accommodations processes, the City will collaborate with servic e providers and other Agencies to promote and disseminate this information to the general public, including underrepresented communities and special needs population groups. A list of available housing assistance and community assistance programs and services will be made accessible to the public, both online and in hardcopy format at City Hall and other appropriate public facilities such as libraries and the Norman Park Senior Center. The City will develop multilingual materials and outreach methods to increase public awareness and ease of access to resources policies, programs and processes addressing housing needs. These methods may include, but not be limited to:  Publishing of multilingual materials  Directed outreach to historically underrepresented c ommunities  Development of online materials for use on the City’s website and with community partners and use of social media  Partnerships with local and regional service agencies for information dissemination 2022/09/13 City Council Post Agenda Page 199 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-89 Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing 4.17 Limited English Proficiency Policy: Implement a City-wide policy to provide services to persons with limited English proficiency, particularly Spanish speakers, with the goal of providing such persons with better access to verbal and written information provided by the City, specifically related to affordable housing resources and programs for low -and moderate -income households. Analyze the demographic compositio n of the community to determine if additional languages should be accommodated . Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing as educational materials and information is developed for outreach and marketing of housing programs and policies such as the work programs related to ADUs/JADUs, Balanced Communities Policy, construction of the Bridge Shelter and NOFA for permanent supportive housing. FY2021-2022 implementation of City Policy 4.18 Public Input & Participation : Continue to incorporate public input and participation in the design and development of City housing plans and policies. Lead(s): Development Services, Housing Division Funding Source: Department Budget Implementation Timeline: Ongoing 2022/09/13 City Council Post Agenda Page 200 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-90 Summary of Quantified Objectives Table 4 Quantified Objectives (2021-2029) Activity Extremely- Low Very- Low Low Moderate Above Moderate TOTAL New Construction 50 100 400 3,000 3,550 Rehabilitation 35 30 200 - 265 Conservation and “At- Risk” - - 70 - - 70 Rental Subsidy 10 10 10 - - 30 TOTAL NEED 60 145 510 200 3,000 3,915 2% 4% 13% 5% 77% 21 2022/09/13 City Council Post Agenda Page 201 of 809 HOUSING ELEMENT 2021-2029 POLICIES & PROGRAMS Page H-91 This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 202 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-1 OVERVIEW: COMMUNITY PROFILE & HOUSING NEEDS The City of Chula Vista used data that are the most reliable for assessing existing conditions. The Housing Element requires such information in order to implement future goals and meet the city’s needs. Furthermore, such standard sources provide a basis for consistent comparison with older data and provide the best basis for forecasts. Primary Data Sources American Community Survey (ACS) The American Community Survey (ACS) is an ongoing survey that provides vital information yearly about our nation and its people. The yearly report goes further into the livelihoods of people in the US, providing more specific information than the census. California Department of Finance The State provides up-to-date numbers on population and housing. For housing, the State estimates total and occupied housing units, household size, household population, and group quarters population. ACS data are used to distribute 2010 census housing units into standard housing types (single detached units, single attached units, two to four units, five plus or apartment units, and mobile homes). Housing units are estimated by adding new construction and annexations and subtracting demolitions and adjusting for units lost or gained by conversions. California Employment Development Department (EDD) The EDD Data Library provides access to view and download data and information related to California industries, occupations, employment projections, wages, and labor force. The data can be used to better understand California’s economy, to make informed labor market decisions, as a tool to direct efforts to promote the state’s overall economic health, support workforce development, and much more. Comprehensive Housing Affordability Strategy (CHAS) Each year, HUD receives custom tabulations of ACS data from the U.S. Census Bureau. These data, known as the "CHAS" data, demonstrate the extent of housing problems and housing needs, particularly for low income households. On August 25, 2020 HUD released updated CHAS data for the 2013-2017 period, which is used in this Element. 1.0 2022/09/13 City Council Post Agenda Page 203 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-2 City of Chula Vista General Plan SANDAG SANDAG 2030 and 2050 Regional Growth Forecast, Series 13. SANDAG produces growth forecasts of population, housing, employment, income, and land use for jurisdictions in San Diego County. These forecasts were used in the Housing Element to discuss future trends and needs. U.S. Census The Census data is information provided by the US population every ten years. It consists ofn information such as social, economic, housing and demographic information. Unfortunately, the Census was last updated in 2010, with data from the 2020 Census not available at this time. Because of this, 2010 Census data is typically used for historic context. 2022/09/13 City Council Post Agenda Page 204 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-3 COMMUNITY PROFILE 2.1 Population Trends and Characteristics Understanding the characteristics of a population is vital in the process of planning for the future needs of a community. Population characteristics affect the type and amount of housing need in a community. Issues such as population growth, race/ethnicity, age, and employment trends are factors that combine to influence the type of housing needed and the ability to afford housing. The following section describes and analyzes the various population characteristics and trends that affect housing need. 2.1.1 Historical, Existing & Forecasted Growth In 2019, the City of Chula Vista is the second largest city in San Diego County and 14th largest in California by population. The San Diego Association of Governments (SANDAG) has forecasted that the City of Chula Vista’s population will increase by approximately 40 percent between 2010 and 2050 as shown in Table A-1. With this knowledge, the City of Chula Vista can begin to plan and act with the certainty that there is a need for more housing. Additional ly, analyzing where future housing product is planned or currently in development as it compares to areas of population growth (Figure A-1) aids in better planning practices. Table A-1 San Diego Region and City of Chula Vista Population Forecast Location 2010 2020 2035 2050 2010- 2020 2020- 2035 2035- 2050 2010- 2050 Chula Vista 243,916 286,744 320,297 343,752 42,828 33,553 23,455 99,836 40.9%* % of the county 13% 12% 12% 12% 8% 12% 9% 9%* San Diego 1,321,315 1,453,267 1,665,609 1,777,936 152,53 210,53 102,01 465,083 35.7%* 2.0 2022/09/13 City Council Post Agenda Page 205 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-4 City of Chula Vista General Plan Table A-1 San Diego Region and City of Chula Vista Population Forecast Location 2010 2020 2035 2050 2010- 2020 2020- 2035 2035- 2050 2010- 2050 San Diego County 3,143,429 3,435,713 3,853,698 4,068,759 340,400 417,985 215,061 973,446 31.4%* Notes: *Percent change from 2010 to 2050 Source: SANDAG. “2050 Regional Growth Forecast.” Series 13: 2050 Regional Growth Forecast, 2013. Figure A- 1 Chula Vista Population Growth 2010-2018 and Projected Growth 2018-2023 2022/09/13 City Council Post Agenda Page 206 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-5 2.1.2 Age Composition Age is an important demographic factor for analyzing future housing needs and crafting policies to help meet the specific demands of different age groups. Traditionally, both the young adult population (20 to 34 years of age) and the elderly population tend to favor apartments, low- to moderate-cost condominiums, and smaller single-family units. Persons between 35- and 65- years old often provide the major market for moderate to high-cost apartments and condominiums and larger single-family units because they tend to have higher incomes and larger sized households. With a median age of 35 years of age, Chula Vista residents are generally comparable in age to those in the San Diego County region at 35.9 years of age. Table A-2 displays the age distribution in Chua Vista and San Diego County using American Community Survey data from 2018. This table shows that in 2018 the largest portion of the population was children aged zero to 14 years of age accounting for 21.2% of the population, then followed by those aged 45 to 59 (18.8%), younger persons aged 25 to 34 (14.5%), and then persons aged 35 to 44 (14.1%). Chula Vist a’s population can, therefore, be characterized predominately as being composed of families with children. The age distribution in Chula Vista is similar to the region’s, showing larger population groups of children and persons between 45 and 59 years of age. Table A-2 Age Distribution Comparison (2018) Area 0-14 15-19 20-24 25-34 35-44 45-59 60-64 65+ Chula Vista 21.2% 7.1% 7.3% 14.5% 14.1% 18.8% 4.9% 12.1% San Diego County 19.3% 7.3% 8.7% 15.2% 13.6% 19.7% 4.8% 11.4% Source: Bureau of the Census (2018) 2022/09/13 City Council Post Agenda Page 207 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-6 City of Chula Vista General Plan 2.1.3 Race and Ethnicity Chula Vista is a diverse community, predominately Hispanic, with differing cultures and preferences. Figure A-2 shows that the largest portion of the population in Chula Vista is Hispanic at 60%, then White (non-Hispanic) at 17%, Asian 15.2%, Black 4%, and Multiple/Other 3%. “2019 Race and Hispanic Origin .” GIS Mapping Software, Location Intelligence & Spatial Analytics, 2019. Figure A-2 Race/Ethnicity Distribution (2018) Hispanic White Black Asian Multiple Race 2022/09/13 City Council Post Agenda Page 208 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-7 Table A-3 Race/Ethnicity in Chula Vista and San Diego County Area White Only Black Asian Native America n Pacific Islander Other Two or More Hispanic/ Latino % Chula Vista Populatio n 17.8% 4.0% 15.5% 0.1% 0.5% 0.3% 3.0% 58.8% % San Diego County Populatio n 13.245.9 % 20.14.7 % 10.711.6 % 20.20.4 % 15.61.4 % 23.10.2 % 14.33.4 % 19.633.5 % Source: ACS 5-year estimates (2018) Table A-3 shows that the ethnic distribution of the Chula Vista population was predominantly Hispanic or Latino with San Diego County exhibiting more ethnic diversity, with “some other race” being the largest race/ethnicity followed closely by Native American, Black and Hispanic/Latino. The race/ethnic composition of City residents has remained stable in Chula Vista from 2018 compared to the 2010 Census. The racial and ethnic composition of a population may affect housing needs because of cultural preferences associated with different racial/ethnic groups. Cultural influences may reflect preference for a specific type of housing. For example, research has shown that some cultures (e.g. Hispanic and Asian) tend to maintain extended families within a single household. This tendency can lead to overcrowding or an increased demand for larger housing units. Ethnicity also tends to correlate with other characteristics such as location choices, mobility, and income. 2022/09/13 City Council Post Agenda Page 209 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-8 City of Chula Vista General Plan 2.2 Employment Trends Housing needs are affected by employment trends. Significant employment opportunities within the City can lead to growth in demand for housing in proximity to jobs. The quality or pay of available employment can determine the need for various housing types and prices. In 2018, the City’s top industries included: Professional and Business Services, Government, Education and Healthcare, Retail Trade, and Arts and Entertainment. These are expected to continue to employ the highest proportions of the civilian population in 2035. Meanwhile, agricultural and mining jobs continue to decline in the City. Employment has a large impact on housing needs and the demand for different types of housing. As shown in Table A-4, the City is projected to add a little over 31,000 jobs between 2020 -2050. These will likely include low- and high-skill jobs, so housing in the City will need to accommodate a range of housing types at prices affordable to the range of household incomes. (“Economic Characteristics.” Data.census.gov, 2018.) Table A-4 Employment Growth (2010-2050) Jurisdiction 2010 2020 2050 % change 2010-50 Numeric change 2010-50 Chula Vista 64,035 82,966 114,435 78.7% 50,400 Imperial Beach 3,592 4,556 4,830 34.5% 1,238 National City 26,826 30,293 39,785 48.3% 12,959 San Diego 764,671 867,567 1,009,177 32.0% 244,506 San Diego County 1,421,941 1,624,124 1,911,405 34.4% 489,464 Source: SANDAG Series 13 Subregional Growth Forecast (2013) In addition to preference, households are limited on housing choices based on income and resources. Incomes associated with different jobs and the number of individuals employed in a household determines the type and size of housing a household can afford. Table A-5 shows that the largest employers in Chula Vista are similar to those around the County, with the largest employment sector being Education Services, Health Care and Social Assistance followed by Professional, Scientific Management and Waste Management Services. This table is also an example of the differences in income by industry with Information being one of the highest 2022/09/13 City Council Post Agenda Page 210 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-9 paying employers but not a major industry in Chula Vista. In some cases, the types of jobs themselves can affect housing needs and demand. For example, specific types of housing units are preferred in communities with military installations, college campuses, and/or large amounts of seasonal agriculture. Table A-5 Number of Workers by Industry (2018) Industry Chula Vista San Diego County Mean Annual Wage in the Region (San Diego MSA) Agriculture, Forestry, Fishing, Hunting and Mining 0.2% 0.9% $29,798-$33,243 Construction 6.1% 5.9% $53,760-$60,047 Manufacturing 8.3% 9.2% $39,500-$94,969 Wholesale Trade 2.7% 2.4% $65,599-$94,969 Retail Trade 11.0% 10.5% $37,650-$45,974 Transportation, Warehousing and Utilities 5.4% 4.1% $31,976-$54,945 Information 1.8% 2.2% $79,899-$104,627 Finance and Insurance, Real Estate, Rental and Leasing 5.6% 6.2% $45,974-$70,103 Professional, Scientific, Management and Waste Management Services 11.3% 15.1% $72,840-$136,531 Education Services, Health Care and Social Assistance 23.4% 21.3% $30,481-$102,053 Arts, Entertainment and Recreation, Accommodations and Food Service 10.7% 11.9% $61,614 Other Services, Except Public Administration 4.7% 5.4% $26,030-$47,927 Public Administration 8.6% 5.0% $94,926 Total Mean Annual Wage 100% 100% $64,461 Source: Census 2018 American Community Survey (2018) and California Employment Development Department (2010). Department, Employment Development. “Occupational Employment (May 2019) & Wage (2020 - 1st Quarter) Data.” OES Employment and Wages. 2022/09/13 City Council Post Agenda Page 211 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-10 City of Chula Vista General Plan Table A-6 Labor Force and Unemployment Jurisdiction Population 16+ Employed Civilians Armed Forces Unemployed % Unemployed Chula Vista 92,430 49,806 494 6,850 12.0% National City 48,150 23,993 4,192 2,284 7.5% San Diego (Central) 419,725 250,176 11,626 22,210 7.8% North Central 537,127 332,286 16,008 20,193 5.5% North Coastal 428,717 240,944 25,393 14,620 5.2% North Inland 472,043 279,950 2,953 16,902 5.6% East 388,512 222,113 3,099 20,151 8.2% San Diego County 2,636,785 1,536,073 72,524 116,758 6.8% Source: U.S. Census Bureau; 2013-2017 American Community Survey 5-Year Estimates, Table D03 SANDAG's Series 13 shows a region wide average of 1.2 workers per dwelling unit. In Chula Vista this would result in 105,840 workers (1.2 x 88,200 dus) available for 83,000 jobs, a 1.27 worker - to-jobs ratio. Employment growth typically leads to strong housing demand, and the reverse is true when employment declines. The rate of unemployment has an effect on household income and what is considered affordable. In accordance with the ACS 5-year estimates, as shown in Table A-6, Chula Vista has the highest unemployment rates for all persons in the civilian workforce at 12% likely giving residents less of a choice in location, quality, or type of housing. In the San Diego County region, the unemployment rate is 6.8%, with rates in other areas ranging from 5.5% in northern regions and 7.8% in the Central San Diego region and 8.2% in the east. 2022/09/13 City Council Post Agenda Page 212 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-11 As shown in Table A-7, the Sweetwater Union High School District is the top single employer in Chula Vista. In aggregate, the education industry employs 12 percent of the employees on the Top Ten Employer list. The health industry and retail and service industry are also very significant employers. Retail and Service companies employ about 6 percent of employees in Chula Vista. Hospitals that employ 5 percent of the total employees on the City’s major employers list. The top ten employers have a total of 18,747 employees, which make up approximately 28.8 percent of the City’s total employees. Table A-7 Top Ten Employers in Chula Vista (2019) Business Business Type Employees Percent of Employees Sweetwater Union High School District Education 4,133 6.36% Chula Vista Elementary School District Education 3,680 5.66% Sharp Chula Vista Medical Center Medical 2,287 3.52% Rohr Inc./Goodrich Aerospace Aerospace Manufacturing 1,928 2.97% Southwestern Community College Education 1,743 2.68% Wal-Mart Retail 1,323 2.03% City of Chula Vista Government 1,208 1.86% Scripps Mercy Hospital Medical 1,073 1.65% Aquatica Entertainment 698 1.07% Costco Retail 674 1.04% Target Retail - - Vons Retail - - Total - 18,747 28.84% "Total Employment" as used above represents the total employment of all employers located within City limits. Source: State Employment Development Department City Finance Department Sweetwater Union High School District Chula Vista Elementary School District Southwestern Community College EDD 2022/09/13 City Council Post Agenda Page 213 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-12 City of Chula Vista General Plan Employment rates are an indicator of economic trends in the City. Chula Vista’s labor force grew from 119,700 in 2012 to 123,600 in 2019. Unemployment rates decreased from 11 to 3 percent from 2012 to 2019. This pattern of decreasing unemployment is representative of the effect that the economic is improving in the San Diego region, State, and Nation. Table A-8 Labor Force Trends Year Labor Force Employment Unemployment Unemployment Rate 2012 119,700 106,100 13,600 11.4% 2013 120,200 108,500 11,800 9.8% 2014 119,600 110,000 9,600 8.1% 2015 120,700 112,800 7,900 6.5% 2016 120,600 114,400 6,200 5.2% 2017 122,000 116,700 5,400 4.4% 2018 122,900 118,400 4,500 3.7% 2019 123,600 119,300 4,300 3.5% Notes: Data cited are for the Chula Vista population, and does not represent the number of jobs in Chula Vista. Source: State of California Employment Development Department (EDD) 2020 2022/09/13 City Council Post Agenda Page 214 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-13 2.3 Education Characteristics The ACS 5-year estimates, as shown in Table A-9, shows that the educational level of Chula Vista residents is typically not as high as other regions within San Diego County. Approximately 29% of Chula Vista residents have not graduated from high school. This is a significant portion of the population when compared to the County average at 13%. Additionally, as seen in Table A -9, Chula Vista ranks as having the lowest percentage of residents who have obtained a bachelor’s degree with only 10.9%, and only 4.2% go on to complete a graduate degree. Once again, Chula Vista ranks lower in educational achievement when compared to County averages of 23% completing a bachelor’s degree and 14.4% obtaining a graduate degree. Table A- 9 Educational Attainment Among Population 25+ Years of Age Jurisdiction Population 25+ Did NOT Graduate HS High School Graduate Some College or AA Bachelor’s Degree Graduate Degree Chula Vista 76,245 29.5% 25.2% 30.2% 10.9% 4.2% National City 37,765 27.2% 26.2% 32.3% 11.3% 2.9% San Diego (Central) 343,499 19.8% 19.4% 29.1% 20.4% 11.3% North Central 446,752 5.2% 12.4% 27.0% 31.2% 24.2% North Coastal 352,761 10.7% 17.5% 31.1% 24.8% 15.8% North Inland 403,926 13.0% 18.0% 29.9% 24.4% 14.7% East 330,507 12.2% 25.0% 36.9% 17.2% 8.8% San Diego County 2,197,045 13.3% 18.6% 30.7% 23.0% 14.4% Source: U.S. Census Bureau; 2013-2017 American Community Survey 5-Year Estimates, Table DP02 Not only is there an overall lower educational achievement for residents of Chula Vista, the level of education is also related to geographic location within the City. Figure A-3 shows the education levels of residents over the age of 25 and there is an obvious divide between the west and east halves of Chula Vista. A significant majority of residents in areas west of I-805 achieved a high school diploma or equivalent while the majority of residents east of the I-805 have achieved a bachelor’s degree or higher. The educational attainment by Chula Vist a residents is consistent with the number of residents who are employed in low skill/wage industries. 2022/09/13 City Council Post Agenda Page 215 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-14 City of Chula Vista General Plan Figure A- 1 Chula Vista Educational Level 2022/09/13 City Council Post Agenda Page 216 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-15 2.4 Household Characteristics This section provides an overview of the characteristics of Chula Vista’s households. The U.S. Census Bureau defines a household as all persons living in a single housing unit. One person living alone is considered a household as is a group of unrelated people living in a single housing unit. A family is defined as related persons living within a single housing unit. The Census defines a household as all persons who occupy a housing unit, which may include single persons living alone, families related through marriage or blood and unrelated individuals living together. Other group living situations, such as skilled nursing facilities, dormitories, etc. are not considered households. The household characteristics described in this section are size and income, and these contribute to the diverse need for housing. According to the 2010 Census, there were 1,086,865 households (equal to occupied housing units) in all of San Diego County. 2.4.1 Household Formation & Composition Chula Vista has experienced a rapid increase in the number of households. As shown in the Series 13 Growth Forecasts by SANDAG, from 2010 to 2035, the City will see an increase of 26 percent of households, greater than growth seen for the San Diego County region . Table A-10 Total Households Percentage of Increase 2010-2018 Area 2010 2020 2035 % Increase 2010 - 2035 Chula Vista 78,384 89,063 98,924 26% San Diego 515,426 559,197 640,194 24% San Diego County 1,158,076 1,249,654 1,394,688 20% Source: SANDAG SERIES 13 REGIONAL GROWTH FORECAST Different household types generally have different housing needs. Seniors or young adults usually comprise the majority of the single-person households and tend to reside in apartments, condominiums or smaller single-family homes. Families with children likely prefer single-family homes. Household size is a significant factor in housing demand. Often, household size can be used to predict the unit size that a household will select. For example, small households (one and two persons per household) traditionally can find suitable 2022/09/13 City Council Post Agenda Page 217 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-16 City of Chula Vista General Plan housing in units with zero to two bedrooms while larger households (three or more persons per household) can usually find suitable housing in units with two to four bedrooms. However, individual choice also reflects preference and economics. According to the U.S. Census, Chula Vista’s population grew by 41% from 2000 to 2010, while the San Diego County population grew by 10%. Similarly, the number of Chula Vista households increased 40%, whereas, San Diego County households increased by 10%. Chula Vista’s population growth is due to the rapid growth and continued development of master planned communities in the developing areas east of I-805. As of 2018, as reported by the ACS 5-year Estimates, the total number of households for Chula Vista is 78,940. Table A-11 Changes in Household Types Household Types 2010 2018 Change # % # % % Families 59,408 44% 62,537 40% 5.3% Married with Children 42,153 31% 44,913 29% 6.5% Other Family (No Spouse) 17,255 13% 17,624 11% 2.1% Non-Families 16,107 12% 16,403 11% 1.8% Single 13,064 8% Total Households 75,515 78,940 4.5% Source: Bureau of the Census (2000 and2010). US Census Bureau 2018 ACS Housing Characteristics For 2020, Chula Vista’s averaged 3.3 persons per household. The average number of persons per household in the South County San Diego region ranged from 3.47 in National City to 2.88 in Imperial Beach, with a region-wide average of 2.82 persons per household. SANDAG estimates that average household size in the region will remain stable through 2050, as shown in Table A- 12. Table A-12 Average Persons per Household (2018) Jurisdiction Average Household Size (2020) Projected Average Household Size (2050) Chula Vista 3.3 3.28 National City 3.47 3.41 2022/09/13 City Council Post Agenda Page 218 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-17 Table A-12 Average Persons per Household (2018) Jurisdiction Average Household Size (2020) Projected Average Household Size (2050) Imperial Beach 2.88 2.89 San Diego 2.66 2.64 San Diego County 2.82 2.81 Source: SANDAG Series 13 Regional Growth Forecast 2.4.2 Jobs to Housing Balance There often is a mismatch between the location of housing and jobs in Southern California . One way of determining if Chula Vista’s households commute out of the City to work is by looking at the jobs-to-housing balance. The jobs-to-housing balance is the number of jobs in Chula Vista divided by the number of housing units in Chula Vista. In 2010, Chula Vista had 0.8 jobs to household ratio, slightly up in 2020 at 0.9. Although there was a slight increase in the jobs-to- housing ratio from 2010 to 2020, the growing number of households, coupled with high unemployment rates in previous years in the City, indicates that many households have to commute out of the City for their work. Table A-13 Jobs-Household Ratios Description 2010 2020 Employment 64,035 82,966 Housing Units 78,384 89,063 Jobs/Household Ratio 0.8 0.9 Source: SANDAG, 2013 & U.S. Census 2018 American Community Survey 5-Year Estimates 2022/09/13 City Council Post Agenda Page 219 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-18 City of Chula Vista General Plan 2.4.3 Commuting Patterns Commuting patterns give an insight into the relationship of housing to employment opportunities and are a component in the allocation resources and development opportunities. The City of Chula Vista has a moderately higher travel time (29.7 minutes) compared to the rest of San Diego County residents. As seen in Table A-148, there are approximately 119,112 employed residents in Chula Vista and 79% of them drove alone to work compared to almost 10% who carpooled, and about 6% either walked, biked to work, or used public transportation. These numbers are close to the San Diego Region average, the most notable differences being the number of people working from home – 4% in Chula Vista and 7% in the region as a whole – and the number of people who drive alone to work. Table A-14 Means of Transportation to Work (2018) Industry Chula Vista San Diego Region #of Workers 16+ % of Total #of Workers 16+ % of Total Car, Truck, or Van – Drove Alone 94,669 79.5% 1,223,159 76.3% Car, Truck, or Van – Carpooled 11,319 9.5% 138,748 8.7% Public Transportation 3,602 3.0% 46,506 2.9% Walked 1,493 1.3% 46,313 2.9% Other means 2,452 2% 36,799 2.3% Worked at home 5,577 4.7% 111,961 7.0% TOTAL 119,112 100% 1,603,486 100% Source: US Census Bureau, 2013-2017 American Community Survey 5-Year Estimates, Table DP03 As with other demographic contributors in Chula Vista, commuting behaviors differ between those living east and west of I-805. Figures A-24 and A-35 show more than 76% of residents living east of I-805 are commuting to work by driving alone. Comparatively, less than 75% of residents who live west of I-805 are driving alone to work. On commonality is that on either side of the I - 805, very few residents choose to commute by carpooling. 2022/09/13 City Council Post Agenda Page 220 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-19 Figure A- 2 2022/09/13 City Council Post Agenda Page 221 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-20 City of Chula Vista General Plan Figure A- 3 In addition, the residents choosing public transportation as their mode of transportation is higher west of I-805 (generally over 6%, and in some census tracts over 13%). However, east of I-805, less than 3.4% of residents are utilizing public transportation for their work commute. 2022/09/13 City Council Post Agenda Page 222 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-21 2.4.4 Household Income The Federal Department of Housing and Urban Development (HUD) generates an annual median income for the purpose of determining program eligibility. The San Diego County Metropolitan Statistical Area (MSA), for which HUD set the 2020 median family income (MFI) at $92,700 for a four-person household. The State of California uses four income categories to determine housing affordability. These categories are as follows:  Extremely Low-income – Less than 31% of the median income;  Very Low-income – 31 to 50% of the median income;  Low-income – 51% to 80% of the median income;  Moderate-income – 81% to 120 % of the median income; and,  Above Moderate-income – Greater than 120% of the median income. Table A-15 shows the income ranges for each income category based on the 2020 HUD MFI for Chula Vista. Income directly affects the range of housing costs and influences housing affordability, as well as type and whether housing is owner or renter occupied. As household income increases, it is more likely that the household is a homeowner. As household income decreases, households tend to pay a disproportionate amount of their income for housing and the number of persons occupying overcrowded housing increases. The state and federal government classify household income into several groupings based upon the relationship to the San Diego Region Area Median Income (AMI), adjusted for household size. The State of California utilizes the following income groups: Table A-15 San Diego County Income Limits Income Category Annual Income (Family of 4) Extremely Low: 0-30% AMI < $34,650 2022/09/13 City Council Post Agenda Page 223 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-22 City of Chula Vista General Plan Table A-15 San Diego County Income Limits Income Category Annual Income (Family of 4) Extremely Low: 0-30% AMI < $34,651 Very Low: 31-50% AMI $34,651 - $57,750 Low: 51-80% AMI $57,751 - $92,400 Moderate: 81-120% AMI $92,401 - $111,250 Above Moderate: 120%+ AMI > $111,250 Median Income $92,700 Source U.S. Department of Housing and Urban Development 2020 Household income in Chula Vista is varied and consistent with the San Diego region average. In 2017, the median household income in Chula Vista was approximately $76,354 and approximately 152.3% households were considered to be in the Extremely Low-Income category, earning 30% or less of the AMI, as shown in Tables A-16 and A-17. Table A-16 Median Household Income Estimates (2017) Jurisdiction Median Household Income % Above/Below Regional Median Chula Vista $76,354 2% Coronado $101,520 26% National City $46,032 -63% Imperial Beach $51,838 -44% San Diego $75,456 1% San Diego Region $74,855 Source: US Census Bureau, 2018 American Community Survey 5 -Year Estimates, Table DP03 Those households with incomes less than the San Diego County median of $74,855 reside primarily in the western area of Chula Vista in zip codes 91910 and 91911, where housing is older and lower in cost. Higher income households are residing in those areas east of I-805 in the City’s newer master planned communities, as shown in Figure A-6. 2022/09/13 City Council Post Agenda Page 224 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-23 Figure A-6 2022/09/13 City Council Post Agenda Page 225 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-24 City of Chula Vista General Plan The median income for Chula Vista residents more drastically demonstrates the difference in income by tenure and by ethnicity. As shown in Table A-167, Chula Vista’s median income of $76,354 in 2017 was slightly higher than that of San Diego County as a whole at $74,855. When comparing income by tenure, a large difference is seen between owner-occupied households and renter occupied households. Table A-17 Household Income Levels Income Level Renter- Households Owner- Households Total Household s Percent of Household s Extremely Low-income (0-30% AMI) 7,855 3,880 11,735 15.0% Very Low-income (31-50% AMI) 6,585 3,635 10,220 13.0% Low-income (51-80% AMI) 7,735 6,085 13,820 17.6% Moderate and Above Moderate (>80% AMI)1 3,190 4,940 8,130 10.4% 100 % AMI 7,560 27,000 34,560 44.0% Total 32,925 45,540 78,465 100.0% Source: U.S. Dept HUD CHAS, based on 2013-2017 ACS (5-year estimates). Note 1: HUD programs are available only to households with incomes at or below 80% AMI. Therefore, the CHAS data groups all households above that income threshold (both moderate and above moderate-income) into one income group. HUD CHAS 2012-2016 Extremely Low income Households Extremely low income (ELI) households are defined as those earning up to 30% of the area median household income. For San Diego County, the area median household income in 2020 was $92,700. For ELI households in San Diego County (including those in the City of Chula Vista), this results in an income of $34,650 or less for a four-person household or $24,300 for a one- person household. ELI households have a variety of housing situations and needs. For example, most families and individuals receiving only public assistance, such as social security insurance or disability insurance, are considered ELI households. As shown in Table A-17, approximately 11,735 (15%) of the City’s households are in the extremely low income group, including 9% of homeowners and 24% of households that rent. Pursuant to Government Code Section 65583(a)(1), 50% of the City’s very low income regional housing needs assigned by HCD are extremely low income households. As a result, from the very low income need of 2,750 units, Chula Vista has a projected need of 1,375 units for extremely low income households. 2022/09/13 City Council Post Agenda Page 226 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-25 Based on current figures, extremely low income households will most likely be facing an overpayment, overcrowding, or substandard housing conditions. Some extremely low income households could include individuals with mental or other disabilities and special needs. The housing needs of extremely low-income households will be meet through implementation of programs as outlined within the Housing Element Policy Document including facilitating the construction and provision of affordable housing, the City’s Balanced Communities Policy, and the provision of senior housing/assisted living units, transitional housing/homeless shelters and permanent supportive housing. 2022/09/13 City Council Post Agenda Page 227 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-26 City of Chula Vista General Plan 2.5 Housing Inventory and Market Conditions A City’s housing stock is the collection of all housing units located within that jurisdiction. The characteristics of these including growth, type, age and condition, tenure, vacancy rates, housing costs, and affordability. These are all important factors in determining the housing needs of a community. This section details the housing stock characteristics of the City of Chula Vista to identify how the current housing stock meets the needs of residents. 2.5.1 Housing Stock Profile Table A-18 shows that, between 2008 and 2050, Chula Vista is expected to grow by 38% in housing stock which is 29,515 more units. This growth is slightly higher than the San Diego County region’s expected growth. Table A-18 Projected Housing Units Location 2008 2020 2035 2050 2010-50 Chula Vista 77,484 88,186 98,262 106,999 29,515 (38%) San Diego County 1,140,654 1,262,488 1,417,520 1,529,090 388,436 (34%) Source: SANDAG, 2013 & U.S. Census 2018 American Community Survey 5-Year Estimates 2022/09/13 City Council Post Agenda Page 228 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-27 Unit Type Household size is a significant factor in housing demand. Different household types generally have different housing needs. Seniors or young adults usually comprise the majority of the single- person households and tend to reside in apartments, condominiu ms or smaller single-family homes. While families with children often prefer single-family homes. Figure A-7 shows that in 2019, the largest percentage (53%) of housing units in Chula Vista was single-family detached units. Approximately 10% were single-family attached units, 6% were small multi-family developments with two to four units, 26% were large multi -family developments with five or more units, and 5% were mobile homes/trailers. Housing types in Chula Vista are comparable to those within the San Diego County region. Figure A-7 2022/09/13 City Council Post Agenda Page 229 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-28 City of Chula Vista General Plan 2.5.2 Tenure Housing tenure and vacancy rates are indicators of the supply and cost of housing. Housing tenure refers to whether a housing unit is owned or rented. Vacancy rates are indicative of whether or not there is a sufficient supply of available housing at a given point in time. A healthy vacancy rate is considered to be at around 5%, which demonstrates that there are desirable housing options available. The ratio of owner-occupied units vs. renter-occupied units is an indicator of financial stability. In the City of Chula Vista, there are a total of 78,940 occupied housing units. Owner -occupied dwellings account for 46,060 units (58.3%), renter-occupied dwellings account for 32,880 units (41.7%), and the average household size is 3.2-4. US Census Bureau 2018 ACS Housing Characteristics With single family product dominating the landscape of master planned communities located east of I-805, most of those units are owner-occupied. However, areas west of I-805 are predominately renter-occupied. 2022/09/13 City Council Post Agenda Page 230 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-29 Figure A-8 2022/09/13 City Council Post Agenda Page 231 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-30 City of Chula Vista General Plan 2.5.3 Vacancy Rates Vacancy rates are an indicator of supply and demand. Low vacancy rates suggest households may have trouble finding housing with an affordable monthly payment. A high number of vacant units indicate an over-supply of housing units. A four to six percent vacancy rate is considered “healthy”. A balanced vacancy rate for a community is typically around 5%. Vacancy rates lower than 5% favor landlords and can signal a shortage of choice for renters, while vacancy rates above 5% favor renters. As seen in Table A-19, Chula Vista has lower than typically healthy vacancy rates. Table A-19 Chula Vista Vacancy Rates and Property Age Zip Codes 91907,09,10,11,12,13,14,15 Percent Vacant 3.10% All Units Total Units 3333 Number Vacant 104 Percent Vacant 4.10% Over 25 Years Total Units 684 Number Vacant 28 Percent Vacant 2.80% 6 to 25 Years Total Units 356 Number Vacant 10 Percent Vacant 2.80% Less Than 6 Years Total Units 177 Number Vacant 5 Percent Vacant 3.00% Property Age Undefined Total Units 1685 Number Vacant 51 Source: “San Diego 2019 Vacancy & Rental Rate Survey.” Socalrha.org, 2019.” 2022/09/13 City Council Post Agenda Page 232 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-31 Table A-20 shows the vacancy rate by household types in Chula Vista. Table A-20 Chula Vista Vacancy Rate by Housing Type Description Total Housing Units Households Vacancy Rate Single Family – Detached 40,954 39,589 3.3% Single Family – Attached 9,656 9,235 4.4% Multi-Family 28,499 27,755 2.6% Mobile home or Other 3,685 3,635 1.4% Total Housing Units 82,794 80,214 3.1% Source: SANDAG Demographic and Socioeconomic Estimates Chula Vista 2022/09/13 City Council Post Agenda Page 233 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-32 City of Chula Vista General Plan 2.5.4 HOUSING PROBLEM CHARACTERISTICS The Comprehensive Housing Affordability Strategy (CHAS) provides detailed information on housing needs by income level for different types of households in Chula Vista. Detailed CHAS data based on the 2012-2016 ACS is displayed in Table A-21. Housing problems considered by the CHAS include: - Units with physical defects (lacking complete kitchen or bathroom); - Overcrowded conditions (housing units with more than one person per room); - Housing cost burden, including utilities, exceeding 30 percent of gross income; or - Severe housing cost burden, including utilities, exceeding 50 percent of gross income. 63% of Chula Vista renters are experiencing at least one housing problem, with 43% experiencing at least one severe housing problem. Table A- 21 Source: CHAS, based on 2012-2016 ACS (5-year estimates). 1. The four housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and cost burden greater than 30%. 2. The four severe housing problems are: incomplete kitchen facilities, incomplete plumbing facilities, more than 1.5 persons per room, and cost burden greater than 50%. Housing Problems No.%No.%No.% Household has at least 1 of 4 Housing Problems 17,685 39% 20,545 63% 38,230 49% Household has NONE of 4 Housing Problems 27,210 60% 11,660 36% 38,870 50% Cost burden not available - no other problems 325 1% 380 1% 705 1% Total Households 45,220 32,585 77,805 Severe Housing Problems Household has at least 1 of 4 Severe Housing Problems 8,310 18% 14,055 43% 22,365 29% Household has NONE of 4 Severe Housing Problems 36,585 81% 18,150 56% 54,735 70% Cost burden not available - no other problems 325 1% 380 1% 705 1% Total Households 45,220 32,585 77,805 Owner Renter Total TotalOwnerRenter 2022/09/13 City Council Post Agenda Page 234 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-33 2.5.5 Age of Housing Stock and Condition The age of housing is often an indicator of housing conditions. In general, housing that is 30 years or older may need minor repair. Moreover, many federal and state programs also use the age of housing as one factor in determining housing rehabilitation needs. Typically, housing over 30 years of age is more likely to have rehabilitation needs that may include plumbing, roof repairs, electrical repairs, foundation rehabilitation, or other significant improvements. Housing over 50 years old is considered aged and more likely to generate major repairs such as significant rehabilitation to the structure, foundation, electrical, and plumbing systems. Units built after 1990 may require aesthetic and maintenance repairs such as new roofs and windows and paint improvements, Approximately, 48% of the housing stock is over 40 years old, and 20% of the housing stock is approaching 50 years of age or older and more likely to require major rehabilitation. Housing that is not maintained can discourage investment, reduce neighboring property values, and negatively impact the quality of life in a neighborhood. The age of the City’s housing stock indicates a potential need for continued code enforcement, property maintenance and housing rehabilitation programs. US Census Bureau 2018 ACS Housing Characteristics Table A-22 Age of Housing Year Built No. of DUs 2014-2017 2,819 2010-2013 1,198 2000-2009 18,204 1980-1999 22,371 1960-1979 23,758 1940-1959 15,832 1939 or earlier 926 TOTAL 85,108 Source: US Census Bureau, 2018 American Community Survey 5-Year Estimates 2022/09/13 City Council Post Agenda Page 235 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-34 City of Chula Vista General Plan A high estimate of the number of units in need of rehabilitation, based solely on the age of the housing stock is approximately 40,516 units. The low estimate for the number of housing units in the City in need of rehabilitation is approximately 17,000 units; this low estimate considers unit age, overcrowding, financial resources of homeowners, and plumbing facilities. PRE-1940 HOUSING The U.S. Department of Housing and Urban Development (HUD) may consider units substandard if they were built before 1940. There are 926 units in Chula Vista that were built before 1940, approximately 1.1% of the total housing in the City. Regionwide, 5% of units were built before 1940. US Census Bureau 2018 ACS Housing Characteristics 2.5.6 Housing Conditions Housing is considered substandard when it is below the minimum standard of living conditions defined in the Uniform Housing Code, Section 1001. In addition to structural deficiencies and standards, the lack of infrastructure and utilities often serves as an indicator for substandard conditions. Another measure of the City’s housing condition is the number of substandard housing units. Housing is considered substandard when conditions are below the minimum standards of living as defined by Section 1001 of the Uniform Housing Code. Households living in substandard housing may be exposed to health or safety threats, which, in turn, could adversely affect the safety and quality of life of neighborhoods. Such households are considered in need of housing assistance to correct any serious health or building safety issues such as structural, plumbing, mechanical or electrical problems, and presence of unhealthy conditions or materials, (e.g. asbestos and lead-based paint). In addition to structural problems (sagging roofs, walls or porches, lack of or failing building foundation, termite infestation, etc.), the lack of certain basic facilities may also in dicate substandard conditions. The United States Department of Housing and Urban Development (HUD) includes the lack of kitchen facilities and lack of plumbing facilities as two out of four housing problems in their Comprehensive Housing Affordability Strategy (CHAS) data. According to the 2018 American Community Survey (ACS) 5-Year Estimates, there were 84 (0.1%) units in the City that lacked complete plumbing facilities. For Census purposes, complete plumbing facilities included: (1) hot and cold piped water; (2) a flush toilet; and (3) a bathtub or shower. All three must be located inside a unit to be recognized as having full plumbing facilities. 2022/09/13 City Council Post Agenda Page 236 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-35 According to the 2018 ACS data, 147 (0.2%) units lacked complete kitchen facilities. The U.S. Census defines a complete kitchen as a unit with a sink & faucet, a stove, and a refrigerator. There were 2,038 units with no heating source, and 383 units that relied on heating oil, kerosene, coal, wood, or other heating fuel. Addressing substandard conditions in the City’s current housing stock is primarily the task of the City’s Code Enforcement Division, which enforces compliance with current building and safety standards as well as state and local laws intended to alleviate public nuisances. The Code Enforcement Division seeks to maintain a high quality of life for residents and visitors by addressing health and safety hazards, visual blight and other deficiencies in the current housing stock. Most code enforcement activities are either complaint-driven or the result of observations of City staff. Based on City staff’s observations of typical enforcement activities and age of the City’s housing stock, a number of housing units in Chula Vista are beginning to show a need for rehabilitation . The scope of rehabilitation needed ranges from minor to substantial. The majority of these substandard units (units in need of repair or replacement) are located within the southwest area of the City west of I-805 and south of L Street that also has the highest concentration of lower- income households. This area was annexed into the Chula Vista in the 1980’s, known as the Montgomery Annexation. Many of these areas also lack sidewalks, curbs and gutters. However, pockets of substandard and/or deteriorating housing stock can also be found in the northwest area of the City which represents the City’s historic urban core and has the oldest housing stock within the City. Where it is not financially feasible to rehabilitate the units, replacement housing may be required. The City will continue to implement its Community Housing Improvement Program (CHIP) to help qualified homeowners to rehabilitate substandard housing. Table A-23 Substandard Housing Condition No. % Lacking complete plumbing facilities 84 0.11% Lacking complete kitchen facilities 147 0.19% Total Occupied Substandard Units 231 0.29% Total Occupied Units 78,940 Pre 1940 (HUD Potential Substandard) 926 Source: US Census Bureau, 2018 American Community Survey 5-Year Estimates DP04 2022/09/13 City Council Post Agenda Page 237 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-36 City of Chula Vista General Plan 2.5.7 Housing Costs & Rents This section discusses the price of new and existing housing as well as average costs of rental housing in Chula Vista. Housing costs are indicative of housing accessibility to all economic levels of a community. Typically, if housing supply exceeds housing demand, housing costs fall. Inversely, if housing demand exceeds housing supply, housing costs will rise. Housing affordability is dependent upon income and housing costs. The Federal standard of rental affordability is that a household should spend no more than 30% of its gross monthly income on monthly housing costs and utilities. In Chula Vista, housing costs tend to be a little lower when compared to the San Diego County. The high cost of housing can be attributed to factors such as higher land costs and suburban community. This section summarizes the cost and affordability of the housing stock to Chula Vista residents. New and Resale Housing The median household value in 2010 was $337,000. The median household value increased by 59% to $565,000 by 2020 and housing values are expected to continue to grow. Shown in Table A-243, the median sales price in 2019 for a single-family home in Chula Vista was approximately $614,000, lower than the San Diego County median sales price. Zillow, Inc. “Chula Vista CA Home Prices & Home Values.” Table A-24 Median Sales Price of Homes Sold in 2019 Zip Market Area Detached (Single-Family) Attached (Condo/Townhome) Sold Listings Median Price Sold Listings Median Price 91910 Chula Vista North 366 $561,000 134 $370,000 91911 Chula Vista South 325 $516,000 144 $350,000 91913 Chula Vista Eastlake 445 $614,000 317 $410,000 91914 Chula Vista NE 179 $755,000 54 $418,250 91915 Chula Vista SE 267 $615,000 253 $440,000 TOTAL 1582 $614,000 902 $410,000 2022/09/13 City Council Post Agenda Page 238 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-37 Table A-24 Median Sales Price of Homes Sold in 2019 Zip Market Area Detached (Single-Family) Attached (Condo/Townhome) Sold Listings Median Price Sold Listings Median Price San Diego County $649,000 $427,000 Source: San Diego Association of Realtors 2019 San Diego County Summary Statistics Both, the total price of a home and monthly payment amounts are important indicators of affordability. Lenders typically require homebuyers to demonstrate that the total monthly loan payment will not exceed 30% of gross monthly household income. With a median household income in Chula Vista at approximately $76,354 annually and a calculated affordability of a home at $250,200, homeownership is not affordable to most residents. Figure A-9 Source: San Diego Association of Realtors 2019 San Diego County Summary Statistics 2022/09/13 City Council Post Agenda Page 239 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-38 City of Chula Vista General Plan Figure A-10 Source: San Diego Association of Realtors 2019 San Diego County Summary Statistics 2022/09/13 City Council Post Agenda Page 240 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-39 Rental Prices Table A-25 shows that in the Spring of 2019 average monthly rents in Chula Vista ranged from $1,134 for a studio apartment to $1,820 for a two-bedroom apartment and $2,213+ for three- bedroom apartments. To be able to afford the average two-bedroom apartment, a household would need to earn $6,070 a month or over $35.00 an hour. Table A-25 Rental Prices by Unit Type Zip Codes City/Area Unit Type Spring 2019 Units/Properties Surveyed Spring 2019 Average Monthly Rent Fall 2018 Average Monthly Rent Spring 2018 Average Monthly Rate 91907, 09,10,11, 13,14,15 Chula Vista Studio 12/6 $1,134 $1,210 $1,157 1Bedroom 1314/32 $1,487 $1,539 $1,425 2Bedroom 1728/38 $1,820 $1,850 $1,685 3+Bedroom 279/12 $2,213 $2,299 $2,000 Source: “San Diego 2019 Vacancy & Rental Rate Survey.” Socalrha.org, 2019.” 2022/09/13 City Council Post Agenda Page 241 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-40 City of Chula Vista General Plan Affordability Gap Analysis Housing affordability can be calculated by comparing the cost of renting or owning a home in a community with the maximum affordable housing costs for households at different income levels. Together, this information generally shows what types of households can afford what types of units. This is also an indication of the type of households most likely to experience overcrowding and overpayment. The federal Department of Housing and Urban Development (HUD) conducts annual household income surveys nationwide to determine a household’s eligibility for federal housing assistance. Based on this survey, the California Department of Housing and Community Development (HCD) developed income limits that can be used to determine the maximum price that co uld be affordable to households in the upper range of their respective income category. The maximum affordable home and rental prices for residents in San Diego County are shown in Table A-26. Table A-26 shows the maximum amount that a household at each income level can afford for housing each month without overpaying. This amount can be compared to current housing prices and market rental rates to determine what types of housing opportunities a household can afford in a community. Based upon the housing sales prices in Chula Vista as seen in Table A-243 and A-254, there are no homes (rental or for-sale) in Chula Vista’s market that are considered affordable to lower-income households. For a condo priced at $370,000 in the 91910 zip code as shown in Figure A-249, a household would need to earn $54/hour or $112,350/year to afford this condo. Similarly, a household would need to earn $81/hour or $168,250/year to afford a single family home priced at $561,000 in the 91910 zip code. The dream of owning a home and building equity is unattainable to most without some sacrifice such as incurring a housing cost burden, making a significant cash down payment, or multi-generational living. Lower-income renters must also make difficult choices related to the condition of housing, overcrowding, or overpaying in order to maintain housing. The affordable rental rate for a 2- bedroom unit to house a low income family is $1,029/month far exceeding the average $1,820/month rent in Chula Vista, a gap of approximately $800/month. Larger households face a more difficult time finding appropriately sized housing that is affordable. With a low income family only able to afford to pay $1,154/month and an average 3-bedroom unit renting for $2,213/month, the affordability gap is even greater at $1,059/month. 2022/09/13 City Council Post Agenda Page 242 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-41 Table A-26 Affordable Housing Costs (2020) San Diego County Income Group Bedroom(s) Affordable Monthly Cost Utility Allowance Taxes/ Insurance Affordable Rent Sale Rent Sale Sale Rent Purchase Price Extremely Low Income HH 0 (Studio) $486.68 Same $119 $180 $91 $368 $46,532 1 Bedroom $556.20 Same $152 $220 $104 $404 $50,096 2 Bedrooms $625.73 Same $222 $261 $117 $404 $53,447 3 Bedrooms $695.25 Same $237 $323 $130 $458 $52,264 4 Bedrooms $750.87 Same $271 $364 $140 $480 $53,261 Very Low Income HH 0 (Studio) $811.13 Same $119 $180 $152 $692 $103,370 1 Bedroom $927.00 Same $152 $220 $173 $775 $115,208 2 Bedrooms $1,042.88 Same $222 $261 $195 $821 $126,616 3 Bedrooms $1,158.75 Same $237 $323 $217 $922 $133,492 4 Bedrooms $1,251.45 Same $271 $364 $234 $980 $140,979 Low Income HH 0 (Studio) $973.35 $1,135.58 $119 $180 $243 $854 $118,735 1 Bedroom $1,112.40 $1,297.80 $152 $220 $277 $960 $132,770 2 Bedrooms $1,251.45 $1,460.03 $222 $261 $312 $1,029 $146,372 3 Bedrooms $1,390.50 $1,622.25 $237 $323 $347 $1,154 $155,444 4 Bedrooms $1,505.74 $1,752.03 $271 $364 $374 $1,231 $164,773 Moderate Income HH 0 (Studio) $1,784.48 $2,081.89 $119 $180 $292 $1,665 $283,161 1 Bedroom $2,039.40 $2,379.30 $152 $220 $334 $1,887 $320,468 2 Bedrooms $2,294.33 $2,676.71 $222 $261 $376 $2,072 $357,561 3 Bedrooms $2,549.25 $2,974.13 $237 $323 $417 $2,312 $390,337 4 Bedrooms $2,753.19 $3,212.06 $271 $364 $451 $2,482 $418,155 Source: Source: California Department of Housing and Community Development, 2020 Income limits; and Assumptions: 2020 HCD income limits; 30% gross household income as affordable housing cost; 15% of monthly affordable cost for taxes and insurance; 3% down payment; and 3% interest rate for a 30year fixed-rate mortgage loan. Utilities based on San Diego County Utility Allowance. *Utilities Allowances and Taxes and Insurance costs are included in Affordable Monthly Housing Costs Chula Vista has a median income slightly higher than the average for the County of San Diego. However, the growing number of households, increase in household size, and income disparity between renter-occupied households and owner-occupied households has provided further challenges to Chula Vista households seeking affordable housing options. Data indicates that lower-income families and large households have limited options in finding affordable rental housing. In addition, the median price of resale housing in Chula Vista exceeds the affordability 2022/09/13 City Council Post Agenda Page 243 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-42 City of Chula Vista General Plan range for all income categories except above-moderate income households. Very low-, low-, and moderate-income households may have trouble finding affordable housing that they can afford to purchase. 2022/09/13 City Council Post Agenda Page 244 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-43 HOUSING NEEDS This section provides an overview of existing housing needs in the City of Chula Vista. Housing need can be described in four categories:  Housing need resulting from households overpaying for housing;  Housing need resulting in overcrowding;  Housing need resulting from population growth and demolition of the existing housing stock; and,  Housing need of “special needs groups” such as elderly persons, large households, female-headed households, disabled persons, homeless persons, and farm workers. 3.1 Households Overpaying for Housing The term “over payers” refers to households paying an excessive amount of their income for housing. Generally, households that overpay for their housing have less disposable income available for other needs. Calculating overpayments for housing is important as it measures local housing conditions and reflects affordability of housing in a community. State and federal programs typically define over payers as those lower -income households that pay over 30% of household income for housing costs. A household is considered to experience a severe cost burden if it spends more than 50% of its gross income on housing. A significant number of households living west of I-805 are paying more than 30% of their income towards housing costs in comparison to households east of I-805, as shown in Figure A-11. This is consistent with lower-income households living primarily in the western area of the City, with older housing stock and more multifamily housing. 3.0 2022/09/13 City Council Post Agenda Page 245 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-44 City of Chula Vista General Plan Figure A-11 Approximately, 46% of households in the San Diego region were paying over 30% of their income toward monthly owner housing costs. Table A-27 & A-28 summarizes the 2013-2017 American Community Survey 5-Year Estimates and shows that renters were more likely to ove rpay than owners. In the region, 57% of renters overpaid; and similarly, 57% of renters in Chula Vista. In addition, 47% of Chula Vista households were overpaying monthly homeownership costs. 2022/09/13 City Council Post Agenda Page 246 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-45 Table A-27 Cost Burden by Income Levels-Renters Income Level >30% >50% TOTAL Extremely Low-income (0-30% AMI) 6,525 5,750 7,855 Very Low-income (31-50% AMI) 5,690 3,385 6,585 Low-income (51-80% AMI) 4,455 1,150 7,735 Moderate and Above Moderate (>80% AMI)1 1,070 115 3,190 100 % AMI 930 - 7,560 TOTAL 18,670 10,400 32,925 Source: U.S. Dept HUD CHAS, based on 2013-2017 ACS (5-year estimates) Table A-28 Cost Burden by Income Levels - Owners Income Level >30% >50% TOTAL Extremely Low-income (0-30% AMI) 2,675 2,345 3,880 Very Low-income (31-50% AMI) 2,150 1,530 3,635 Low-income (51-80% AMI) 3,395 1,700 6,085 Moderate and Above Moderate (>80% AMI) 2,515 645 4,940 100 % AMI 4,735 250 27,000 TOTAL 15,470 6,470 45,540 Source: U.S. Dept HUD CHAS, based on 2013-2017 ACS (5-year estimates). Figure A-12 provides more overpayment detail by income group for Chula Vista. Over 58% of the lower-income renter households are paying more than 30% of their income towards housing, with 2615% of those households paying over 50% of their income. For those very low and low- income households, a significant number of these households are paying more than 30%. For those households with higher incomes, only 34% of moderate and above moderate-income households are cost burdened. In the case of homeownership, the opposite is true, with 5179% of moderate and above moderate households paying more than 30% of their income towards housing costs while 5934% of very low-income households and 5644% of lower-income households are facing a cost burden. The availability of affordable housing for ownership is likely the cause of the cost burden discussed in the Housing Affordability section. 2022/09/13 City Council Post Agenda Page 247 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-46 City of Chula Vista General Plan Figure A-12 2022/09/13 City Council Post Agenda Page 248 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-47 3.2 Overcrowding A combination of low-incomes and high housing costs has forced many households to live in overcrowded housing conditions. “Overcrowding” is generally defined as a housing unit occupied by more than one person per room in a house (including living room and dining rooms). Overcrowding can be an indication of an inadequate supply of affordable housing, especially for large families and households whose incomes fall below AMI. As seen in Table A-29, 6% of households had more than one occupant per room and only 3% had more than 1.5 occupants per room. Table A-29 Overcrowded Households Description No. % Overcrowded (1.01 to 1.50/room) 5,072 6% Severe Overcrowding (1.51 or more/room) 2,468 3% TOTAL Occupied housing units 78,940 Source: US Census Bureau, 2018 American Community Survey 5-Year Estimates, Table DP04 The data in Table A-30 shows that overcrowding affects lower-income renter households disproportionately, with 15% low-income renters experiencing overcrowding and approximately 39% of very low and extremely-low-income renters. Table A-30 Overcrowding by Housing Type and Income Levels Description Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI 0-30% AMI >30-50% AMI >50-80% AMI Single-family households 1,355 1,125 860 254 255 220 Multiple, unrelated- family households 160 170 260 40 80 220 2022/09/13 City Council Post Agenda Page 249 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-48 City of Chula Vista General Plan Table A-30 Overcrowding by Housing Type and Income Levels Description Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI 0-30% AMI >30-50% AMI >50-80% AMI Other, non-family households - - 14 - 10 - Total need by income 1,515 1,295 1,134 294 345 440 19% 20% 15% 8% 9% 7% TOTAL HOUSEHOLDS 7,855 6,585 7,735 3,880 3,635 6,085 Source: U.S. Dept HUD CHAS, based on 2013-2017 ACS (5-year estimates). 3.3 2010-2020 Growth Needs The State Department of Finance (DOF) is responsible for projecting the total statewide housing demand, with the State Department of Housing and Community Development (HCD) apportioning this demand to each of the state’s regions. This demand represents the number of additional units needed to accommodate the anticipated growth in the number of households, to replace expected demolitions and conversions of housing units to non -housing uses, and to achieve a future vacancy rate that allows for healthy functio ning of the housing market. The San Diego Association of Governments (SANDAG), the Council of Governments (COG) representing the region, in cooperation with the local jurisdictions, is tasked with the responsibility of allocating the region’s projected new housing demand to each jurisdiction. The allocation is further divided into four income categories:  Very Low-Income – 0% to 50% of the median income;  Low-Income – 51% to 80% of the median income;  Moderate-Income – 81% to 120% of the median income; and,  Above Moderate-Income – more than 120% of the median income. 2022/09/13 City Council Post Agenda Page 250 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-49 This process is known as the Regional Housing Needs Assessment (RHNA), and the goals are referred to as either the RHNA goals or the “regional share” goals for new housing construction. The allocation considers factors such as market demand for housing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and others. In determining a jurisdiction’s share of new housing needs by income category, the allocation is adjusted to avoid an over -concentration of lower income households in any one jurisdiction. A Regional Housing Needs Assessment (RHNA) prepared by SANDAG for the years of 2010 identifies Chula Vista’s housing production goals. The following table shows the City’s housing goals for each income category, based on HUD’s median family income (MFI) for San Diego County. 3.4 Special Needs Groups Groups with special needs can face increased challenges in housing. Individuals experiencing homelessness and in need of emergency shelter, the elderly, persons with disabilities, large families, farmworkers, and families with a female head of household often have difficulty finding housing to meet their needs. This section provides an analysis of special needs groups in the City of Chula Vista. Policies and programs to address these needs are incorporated throughout the Housing Element. 2022/09/13 City Council Post Agenda Page 251 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-50 City of Chula Vista General Plan 3.4.1 Elderly Persons The population over 65 years of age is considered elderly and shares four common characteristics:  Income: People over 65 are usually retired and living on a fixed income.  Healthcare: Accounts for an increasing proportion of the elderly’s expenses.  Transportation: Many of the elderly require assistance with transportation.  Housing: Many live alone. These characteristics indicate a need for smaller, lower-cost housing with easy access to transit, healthcare facilities, accessibility accommodations, and other services. In 2018, 20% percent of the total households had a resident aged 65 years or older. It is expected that there will be significant increase in this age group as compared to overall expected population growth . Table A-31 Elderly Households by Tenure Householder Age Renters Owners No. % No. % Under 65 years 28,625 87% 34,559 75% 65 to 74 years 2,444 7% 6,653 14% 75 to 84 years 1,351 4% 3,329 7% 85 and over 460 1% 1,519 3% Total Households 32,880 42% 46,060 58% Source: U.S. Census Bureau 2014-2018 American Community Survey 5-Year Estimates B25007 Persons with disabilities In addition to affordability, design and location can be a barrier for persons with disabilities. The added challenge of finding a unit that accommodates their needs oftentimes forces individuals to live in undesirable housing conditions. 2022/09/13 City Council Post Agenda Page 252 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-51 According to 2013-2017 ACS data, 312,565 persons living in San Diego County had a range of disabilities, accounting for 9.8% of the population. The largest age group of person s with disabilities were seniors, which were 45.9% of the population with disabilities, followed by adults (ages 18 to 64) which comprised 47.1% of the population. Children under the age of 18 made up approximately 7% of the population with disabilities. The primary housing concerns regarding the elderly persons living in the City of Chula Vista are summarized as follows:  Income – The elderly population is generally on a fixed income;  Household Composition – The elderly, especially women, often live alone;  Transportation – The elderly population are more likely to utilize public transportation; and,  Health Care – The elderly have a significantly greater need for health care. 3.4.2 Large Households Large households have special housing needs because they tend to have lower household income and fewer options or access to adequately sized, affordable housing. Large households are defined as those with five or more members. According to the 2019 ACS data, approximately 198% of the households in Chula Vista were large households. Table A-32 Household Size by Tenure Household Size Renters Owners No. % No. % 1 person 6,782 21% 6,253 13% 2 person 7,895 24% 12,743 27% 3 person 6,244 19% 9,263 20% 4 person 5,942 18% 9,989 21% 5 person 3,746 11% 5,501 12% 6 person 1,380 4% 1,925 4% 7+ person 606 2% 1,402 3% Total Households 32,595 41% 47,076 59% Source: U.S. Census Bureau 2015-2019 American Community Survey 5-Year Estimates B25009 2022/09/13 City Council Post Agenda Page 253 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-52 City of Chula Vista General Plan 3.4.3 Female-Headed Households Single parents with dependent children represent another important group of those with special housing needs. Single-parent households often require special consideration and assistance because they tend to have lower-incomes and a greater need for daycare, and related facilities. Single-parent households made up 22.3% percent of all Chula Vista households; with 6% of those headed by men and the remaining 16.3% headed by women. US Census Bureau 2018 ACS Social Characteristics 3.4.4 Persons with Disabilities According to the 2017 American Community Survey (ACS) /Census estimates, 10.2 percent of the Southern Region in San Diego’s population was affected by one or more disabilities (non - institutionalized population). Ages 65-74 (2,276 / 27.2%) and 75+ (4,270/56.0%) reported having a disability. Among persons living with disabilities in the City, Independent living (6,636 / 7.6%) and ambulatory disabilities (7,623 / 6.7%) were most prevalent. Persons with disabilities often have limited incomes, but extensive needs for a variety of services. Table A-33 Persons with Disability Any Disability Hearing Difficulty Vision Difficulty Cognitive Difficulty Ambulatory Difficulty Self-care Difficulty Independent Living Difficulty # % # % # % # % # % # % # % 13,662 11.8% 2,869 2.5% 2,322 2.0% 6,536 6.1% 7,263 6.7% 3,909 3.6% 6,636 7.6% Source: 2017 Demographic Profiles San Diego County Persons with Developmental Disabilities Senate Bill 812 (Chapter 507, Statutes of 2010) amended state housing element law (California Government Code Section 65583) to require the analysis of the disabled to include an evaluation of the special housing needs of persons with developmental disabilities. A developmental disability is defined as a disability that originates before an individual becomes 18 years old, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability. This definition includes intellectual disability, cerebral palsy, epilepsy, and autism. According to Department of Developmental Services data, 3,166 persons with developmental disabilities live within Chula Vista. 2022/09/13 City Council Post Agenda Page 254 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-53 The California Department of Developmental Services contracts with nonprofit regional centers to provide or coordinate services and support for individuals with developmental disabilities. In the San Diego region, the San Diego Regional Center, with a satellite office in National City, provides a variety of services to persons with developmental disabilities and advocates for opportunities to maximize potential and to experience full inclusion in all areas of community life. As of March 2019, the San Diego Regional Center served approximately 29,206 clients with developmental disabilities who live in San Diego County, with the National City satellite office serving 20 percent of these clients. This includes 151 clients who live in Chula Vista with 67 of these individuals being children under the age of 18 who live with their parents. The remaining 84 clients are adults over the age of 18; over half (57 percent) of these individuals live with their parents, while 23 live in their own apartments with “come-in support” and assistance and 13 live in licensed group homes. Additional persons with developmental disabilities may reside in Chula Vista but are not seeking assistance from the San Diego Regional Center. While some developmentally disabled individuals can live and work independently within a conventional housing environment, more severely disabled individuals will require a group living environment with supervision. In general, the San Diego Regional Center (and its clients) prefer to house persons with developmental disabilities with family members. When that is not feasible, come-in support and licensed group apartments housing four to six persons (with individual bedrooms, but shared bathroom and kitchen facilities) are preferred. This type of housing may be designed to look like a big house and is compatible with and appropriate for existing residential neighborhoods with good access to transit and services. Incorporating ‘barrier-free’ design in all new multifamily housing (as required by California and Federal Fair Housing laws) is especially important to provide the widest range of choices for disabled residents. In 2012, the City adopted a reasonable accommodation ordinance to provide flexibility in development standards for housing for persons with disabilities. Three requests for reasonable accommodation have been received since such time. 2022/09/13 City Council Post Agenda Page 255 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-54 City of Chula Vista General Plan 3.4.5 Residents Living in Poverty Nearly 11% of Chula Vista residents are living below the U.S. Federal Poverty Level of $25,100 for a family of 4 for 2018, with all residing west of I-805 (see Figure A-6). Table A-34 Households Living Below Federal Poverty Rate Jurisdiction Poverty Rate Chula Vista 10.8% Coronado 5.7% National City 19.9% Imperial Beach 20.0% San Diego 13.8% San Diego Region 12.5% California 11.8% U.S. 12.3% Source: US Census Bureau, 2018 American Community Survey 5-Year Estimates, Table DP03 3.4.5 Homeless Population and Transitional Housing Needs The San Diego region has a large homeless population, and there are unique needs to be addressed in order to assist in finding and securing housing. Homelessness is quickly becoming an issue in communities throughout Chula Vista and further exposes the need for affordable housing. The homeless population continues to increase as a result of reductions in public subsidies, a lack of housing that is affordable to low and very low-income persons, and the daily life challenges that can lead a person to becoming homeless. It is the responsibility of individual municipalities to address the needs of individuals living in homelessness within their jurisdictional boundaries. “Homelessness” as defined by the U.S. 2022/09/13 City Council Post Agenda Page 256 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-55 Department of Housing and Urban Development, describes an individual (not imprisoned or otherwise detained) who:  Lacks a fixed, regular, and adequate nighttime residence; and  Has a primary nighttime residence that is:  A supervised publicly, or privately-operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);  An institution that provides a temporary residence for individuals intended to be institutionalized; or  A public or private place not designed for, or ord inarily used as, a regular sleeping accommodation for human beings. The Regional Task Force on the Homeless (RTFH) was established in 1985 and has grown significantly in function and services provided to local jurisdictions. The RTFH promotes a regional approach to end homelessness in San Diego County and works with local municipalities to provide funding opportunities, data collection, and integration of services. According to the Task Force, the San Diego region’s homeless population can be divided into two general groups: (1) urban homeless, and (2) rural homeless. In addition to the RTFH’s efforts to address and end homelessness, there have been other subregional efforts to implement outreach best practices and leverage funding to provide opportunities to those who need a hand-up instead of a hand-down. Local cities, Chula Vista included, have formed Homeless Outreach Teams through their police departments to better address all of the issues that homelessness brings to a community. The Chula Vista Police Department’s Homeless Outreach Team (HOT) partners with other local organizations to provide outreach, mental health, substance use, employment, housing, and social service resources. These multidisciplinary partnerships are instrumental in addressing core issues that may have led a person to become homeless, as well as give them the opportunity to become re-housed. 2022/09/13 City Council Post Agenda Page 257 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-56 City of Chula Vista General Plan Chula Vista’s HOT works, at times for years, to build relationships within the homeless community and help people take steps towards reintegrating in society. The housing needs of the homeless are unique from other demographic groups because they encompass a wide range of needs and supportive services, not only a lack of affordable housing. Since the homeless population is very difficult to quantify, Census information on homeless populations is often unreliable. The annual Point-in-Time (PIT) Count is facilitated in San Diego County by the RTFH and data is analyzed and released every year. The PIT count of sheltered (emergency and transitional) and street homeless persons is conducted in January of each calendar year and includes a physical count as well as survey questions to further assist the County’s homeless population. Table A-35 shows that the total number of homeless individuals counted for the San Diego Region decreased to 7,619 people from the previously observed 8,102 (2019), 8,576 (2018) and 9,116 (2017). The PIT count has shown a similar decline in Chula Vista each year for the past 5 years. In the 2020 count, there were 212 unsheltered and 101 sheltered individuals observed and surveyed within Chula Vista and the Sweetwater (County area), a 42% decrease since the 2015 count. 2022/09/13 City Council Post Agenda Page 258 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-57 Table A-35 We All Count PIT Count Jan 2020 ES SH TH Total % of Pop Indiv V H Total % of Pop 2020 36 65 0 101 32%212 212 68%313.00 4% 2019 79 25%242 75%321.00 4% 2018 34 74 0 108 32%76 87 66 229 68%337.00 3% 2017 43 9 62 114 30%58 174 30 262 70%376.00 3% 2016 27 0 131 158 29%103 251 26 380 71%538.00 6% Difference (5 yrs)(57)-36%(168)-44%(225.00)-42% 2020 36 68 0 104 23%353 0 0 353 77%457.00 6% 2019 21 11 0 111 19%58 69 94 463 81%574.00 8% 2018 55 85 0 140 24%134 156 160 450 76%590.00 7% 2017 43 9 80 132 19%164 254 142 560 81%692.00 8% 2016 27 0 164 191 22%140 458 93 691 78%882.00 10% Difference (5 yrs)(36)0%(97)-17%(102.00)-15% 2020 1,759 809 36 2,604 53%2,283 2,283 47%4,887.00 64% 2019 2,482 49%2,601 51%5,083.00 67% 2018 1,467 759 56 2,282 32%505 651 2,630 4,912 68%7,194.00 89% 2017 1,240 30 1,118 2,388 42%1,234 817 1,180 3,231 58%5,619.00 62% 2016 885 14 1,419 2,318 46%1,224 814 707 2,745 54%5,063.00 58% Difference (5 yrs)227 729 (1,062)(106)0%(729)(166)1,450 1,681 52%1,575.00 28% 2020 0 193 193 193.00 3% 2019 0 0 0.00 0% 2018 6 1%184 145 116 445 99%451.00 6% 2017 6 2%320 98%326.00 4% 2016 8 2%336 98%344.00 4% Difference 0 0 0 0 0%184 145 116 125 39%125.00 38% 2020 2,221 1,380 47 3,648 48%3,971 3,971 52%7,619.00 2019 3,626 45%4,477 55%8,103.00 2018 1,942 1,574 64 3,580 44%4,545 56%8,125.00 2017 1,559 42 1,888 3,495 38%5,621 62%9,116.00 2016 3,752 43%4,940 57%8,692.00 Difference (5 yrs)(104)-3%(969.00)-20%(1,073.00)-12% San Diego Unincorporated Areas (County) TOTAL SD County TOTAL %UnshelteredYearJurisdiction CHULA VISTA South Bay Sheltered 2022/09/13 City Council Post Agenda Page 259 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-58 City of Chula Vista General Plan Table A- 36 2019 Point in Time Data Source: Regional Taskforce on the Homeless 2019 Annual Report on the Homeless Emergency Shelter Safe Haven Transitional Housing Unsheltered Total 30 0 49 242 321 Housing Inventory Beds Utilization Emergency Shelter 32 94% Safe Haven 0 0 Transitional Housing 71 69% Permanent Supportive Housing 0 0 Rapid Re-Housing 26 100% Other Permanent Housing 0 0 Homeless Profile % of Unsheltered Total Homeless Persons Chronically Homeless 18% 44 Veteran 5% 12 Female 26% 64 Families 6% 15 Youth 16% 38 Homelessness in the San Diego region While the Point-in-Time Count does provide city-specific profiles on thoseat experiencing homelessness, much of the more detailed data available is for the San Diego region. To capture the demographics of this population, the following statistics are for the entire San Diego region, through the 2018 Point-in-Time Count.  74 percent of those experiencing homelessness that are unsheltered became homeless in the San Diego region.  14 percent of the unsheltered population of those experiencing homelessness suffer from  substance abuse and nine percent suffer from alcohol abuse.  25 percent of the unsheltered portion of those experiencing homelessness live in a vehicle. 2022/09/13 City Council Post Agenda Page 260 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-59  35 percent of those who are experiencing homeless and are unsheltered are 55 years of age or older. Housing options for homeless persons The San Diego region’s Continuum of Care programs for homeless persons consist of a network of emergency and transitional shelters. In addition, permanent supportive housing programs for previously homeless persons are also major components of the region’s network of care.  Emergency Shelters. Provide a place to sleep for the night. By providing a short-term crisis option, these shelters are often the first step to finding a permanent housing solution.  Transitional Housing. Provides longer-term shelter solutions through temporary housing options that can last up to 24 months and includes supportive services, such as case management.  Permanent Supportive Housing (PSH). Provides long-term housing with wraparound services that are meant to support the stability and health of individuals experien cing homelessness.  Hotel/Motel Vouchers. Voucher Programs shelter eligible families, disabled and elderly persons in participating motels throughout the County. Eligibility requirements vary from year-to-year; typically, the voucher programs require that clients present evidence that they are not able to stay in a traditional homeless shelter; and, they will be able to obtain permanent housing within a short time frame (3-4 weeks).  Homeless Prevention and Rapid Re-Housing. San Diego’s key strategy for preventing homelessness is through increased affordable housing options, which has been difficult to provide due to economic trends and an overall shortage of housing. Rapid Re-Housing reconnects families and individuals to a housing option as quickly as p ossible using housing vouchers and rental assistance. It is a more stable and cost-effective way to house people than using Emergency Shelters. Table A-375 identifies shelters for the homeless in the San Diego/South Bay region. The region provides 42134 beds in a number of facilities with specialties varying from general homeless shelters, victims of domestic violence, substance abuse, and at-risk with disability. A total of 31920 of these beds are located in the City of Chula Vista. South Bay Community Services (SBCS) is the primary social service agency that provides homeless shelters within the City of Chula Vista. SBCS operates ten facilities in and around Chula Vista. 2022/09/13 City Council Post Agenda Page 261 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-60 City of Chula Vista General Plan The Ecumenical Council of San Diego County and MAAC Project operate other facil ities in the area. TABLE A-37 HOMELESS AND TRANSITIONAL HOUSING SAN DIEGO – SOUTH BAY Agency Program Name Target Population Special Needs # of Beds Location Emergency Shelters Ecumenical Council of SD County ISN Rot’l Shelter South Bay (mid-October – March) General Population General Homeless 12 Regional SBCS Casa Nueva Vida I Families w/children General Homeless 54 Chula Vista SBCS Casa Seguras Families w/children General Homeless 35 Chula Vista SBCS La Nueva Aurora Families w/children Victims of Domestic Violence 3 Chula Vista SBCS Casa Nuestra Shelter Homeless Youth General Homeless 5 Chula Vista Transitional Shelters MAAC Project Nostros Adult Men Substance Abuse 13 Chula Vista M.I.T.E. Options South Bay Women’s Recovery Center Women with Children Substance Abuse Out- patient Chula Vista SBCS Casas de Transition Families w/Children General Homeless & Domestic Violence 73 Chula Vista SBCS Casas Families w/Children General Homeless 7 Chula Vista SBCS Trolley Trestle Youth & Parenting Youth General Homeless 10 Chula Vista 2022/09/13 City Council Post Agenda Page 262 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-61 TABLE A-37 HOMELESS AND TRANSITIONAL HOUSING SAN DIEGO – SOUTH BAY Agency Program Name Target Population Special Needs # of Beds Location SBCS Casa Nuestra Shelter Homeless Youth (12-17) General Homeless 8 Chula Vista SBCS Casa Nueva Vida I Families w/children General Homeless 54 Chula Vista SBCS Casa Segura II Families w/Children Victims of Domestic Violence 45 Chula Vista SBCS Victorian Heights Women w/Children Victims of Domestic Violence 38 National City Hotel/Motel Vouchers SBCS Hotel/Motel Vouchers Families with Children, Elderly, and Disabled General Homeless N/A Chula Vista Permanent Supportive Housing SBCS-SD Housing Commission La Posada Families with Children HIV/AIDS 28 San Ysidro SBCS-SD Housing Commission La Posada- Shelter Plus Families with Children HIV/AIDS 36 San Ysidro Total Beds 421 Source: Regional Task Force on the Homeless 2015 The number of beds available in Chula Vista is generally consistent with the number of homeless. However, the majority of these beds serve targeted and special needs populations. 2022/09/13 City Council Post Agenda Page 263 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-62 City of Chula Vista General Plan 3.4.6 Farm Workers Due to the high cost of housing and low wages, a significant number of migrant farm workers have difficulty finding affordable, safe and sanitary housing. According to the State Employment Development Department, the average farm worker earned between $22,000 and $35,000 annually. This limited income combined with the issues of seasonal employment give agricultural workers added challenges when obtaining housing. It is estimated that there are between 100 and 150 farm worker camps located throughout the San Diego region, primarily in rural areas. According to the 2014-2018 ACS, 217 persons in the City of Chula Vista were employed in the agriculture, forestry, fishing, hunting, and mining industry. This population group accounts for 2 percent of the County’s 13,471 population employed in these industries. Farmworkers needs can be difficult to quantify due to fear of job loss and fear of authority. Therefore, farm workers are given low priority when addressing housing needs, and often receive the least hospitable housing. The San Diego County Regional Task Force on the Homeless estimates that there are at least 2,300 farm workers and migrant day laborers who currently experience homelessness in the San Diego region. The Farm Bureau reports that San Diego County surpasses other urbanized counties in terms of average dollar value per acre. Additionally, San Diego County is the 19th largest far4m economy amount 3,000 counties in the nation. According to the Farmland Mapping and Monitoring Program of the California Department of Conservation, farmland is concentrated in the northern portion of San Diego County.1 While there are parcels of land still zoned for agricultural use within Chula Vista, there are no active farms in Chula Vista. Therefore, agricultural jobs continue to decline in the City. With no active farms within Chula Vista or within close proximity, there is a lower need for farmworker housing in the City. The housing needs of this group are addressed the City’s affordable housing strategies for lower-income households. 1 https://maps.conservation.ca.gov/DLRP/CIFF/ 2022/09/13 City Council Post Agenda Page 264 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-63 3.4.7 Migrant Day Laborers In Chula Vista and other South County areas, numerous Hispanic immigrants seek work as day laborers. Because of the City’s proximity to the Mexican border and its location along a major transportation route, Chula Vista provides a convenient temporary place to seek work before moving on to industrial or agricultural jobs further north. The availability of jobs, including temporary day-jobs, and the number of open spaces which can be utilized as transient campsites, make Chula Vista attractive to migrant laborers. U.S. Department of Housing and Urban and Development (HUD) funds cannot be used to assist persons who are not legally in the United States therefore, other resources must be identified to provide housing assistance to these households. While state law does not allow landlords to question renters regarding their legal status, federal programs, including Section 8, require legal residency. 3.4.8 Students Over the past decade, college enrollment has increased, and today’s college students are more diverse and have new needs as a result of the differing demographics. Not only has the profile of a typical student changed, but on- campus housing construction has not kept up with demand and tends to be less affordable than existing housing options in the surrounding communities. Approximately 86,000 students were surveyed in 2018 by The Hope Center for College, Community and Justice and results showed that homelessness affected 18% of respondents attending two-year colleges. The number who said they had experienced housing insecurity, such as difficulty paying rent, was much higher, at 60%, among those attending two -year 2022/09/13 City Council Post Agenda Page 265 of 809 HOUSING ELEMENT 2021-2029 APPENDIX A Page AA-64 City of Chula Vista General Plan schools2. Types of housing instability include sleeping in garage, car, closet, outd oors and on- campus, as well as between family or friends’ homes. It may seem that students only produce a temporary housing need, however the need is ongoing as long as the educational institution is in session. The impact upon housing demand is critical in areas that surround universities and colleges, especially since students are oftentimes low- income. It is easier for them to seek shared housing to decrease expenses, and benefit from roommate referrals on and off campus. In addition to the difficult ies of finding and securing affordable housing while in school, this shortage can lead college graduates to leave and negatively impact the region’s economy. There are approximately 28,000 students attending Southwestern College and it is the only public institution of higher education in southern San Diego County. Founded in 1961, Southwestern College is located in east Chula Vista surrounded predominately by single family homes and minimal multifamily housing. Community colleges typically do not provide housing because they are institutions that serve the educational needs of students already residing in the local community. With its significant student population and lack of affordable housing in close proximity to the campus, many students face housing insecurity. With a University and Innovation District planned for 375-acres of city-owned land in Eastern Chula Vista, the City’s future consideration for the surrounding community is integration of commercial, retail and residential functions that will appropriately serve its student population. 2 College and University Basic Needs Insecurity: A National #RealCollege Survey Report. The Hope Center for College Community and Justice, April 2019. 2022/09/13 City Council Post Agenda Page 266 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-1 OVERVIEW: CONSTRAINTS TO THE PROVISION OF HOUSING The provision of adequate and affordable housing is an important goal of the City. As a result, the City has made strides to reduce constraints to development that are within the City’s purview since the Housing Element was last updated in 2013. Reductions to constraints during the 5th Housing Element Cycle include:  Defined emergency shelter in the Chula Vista Municipal Code (CVMC) and allowed emergency shelters by-right within the Limited Industrial (I-L) zone and as a conditional use within the Thoroughfare Commercial (CT) zone and as a community purpose facility; and  Defined transitional and supportive housing in the CVMC and subject them only to those restrictions that apply to other residential dwellings of the same type in the s ame zone; and  Defined qualified employee housing (primarily for agricultural employees) in the CVMC and permit as an agriculture use subject only to those restrictions that apply to agricultural uses in the same zone, and permit qualified employee housing for six or fewer employees in all residential zones, subject only to those standards generally applicable to single-family dwellings; and  Defined single-room occupancy residences and permit them within the R-3 Apartment Residential zone; and  Defined licensed residential facilities, permit facilities for six or fewer people in all residential zones, and permit facilities for seven or more people as an unclassified use subject to a conditional use permit; and  Adopted Affordable Housing Incentives in the CVMC to encourage the production of Affordable Housing for very low-income, low-income or senior households; and 1.0 One of the most significant and difficult constraints to housing in Chula Vista, and elsewhere in the San Diego region, is the high cost of land. 2022/09/13 City Council Post Agenda Page 267 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-2 City of Chula Vista General Plan  Added Accessory Dwelling Unit and Junior Accessory Dwelling Unit regulations to encourage the development, maintenance, and improvement of affordable housing. Despite these municipal code amendments to encourage the development of affordable housing, a variety of factors including environmental, market mechanisms, and government regulations influence and occasionally constrain the development of housing. Actual or potential constraints on the provision of housing , and the cost of housing, affect the development of new housing and the maintenance of existing units at all income levels. Governmental and non-governmental constraints in Chula Vista are similar to other jurisdictions in the region and are discussed below. One of the most significant and difficult constraint s to housing in Chula Vista, and elsewhere in the San Diego region, is the high cost of land. 2022/09/13 City Council Post Agenda Page 268 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-3 GOVERNMENT CONSTRAINTS Governmental constraints can limit the operations of the public, private and nonprofit sectors making it difficult to meet the demand for affordable housing and limiting supply in the region. Governmental constraints are policies, development standards, requirements and actions imposed by the various levels of government upon land and housing ownership and development. These constraints may include land use controls, growth management measures, zoning and building codes, fees, processing and permit procedures, and site improvement costs. The City has the authority to re-evaluate these constraints and potentially remove or alter the constraints to encourage and facilitate housing development to the extent State law allows. 2.1 Land Use Controls Land use controls take a number of forms that affect the development of residential units. These controls include General Plan policies, zoning designations (and the resulting use restrictions, development standards, and permit processing requirements), development fees and local growth management programs. 2.1.1 General Plan Each city and county are required by California Law to create a General Plan, which establishes policy guidelines for development. The General Plan is the foundation of all land use controls in a jurisdiction. The Land Use Element of the General Plan identifies the location, distribution and density of the land uses within the City. General Plan densities are expressed as dwelling units per acre. The Chula Vista General Plan identifies twelve residential land use designations, as shown in Table B-1. 2.0 2022/09/13 City Council Post Agenda Page 269 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-4 City of Chula Vista General Plan According to the General Plan’s Land Use and Transportation Element, a total of 1 24,958 dwelling units are anticipated within the City’s planning areas. The Department of Finance (DOF) reports that 84,210 units have been developed as of January 2018. Table B-1 GENERAL PLAN RESIDENTIAL LAND USE DESIGNATIONS Designation Description Acreage Density Range Low Residential Single-family detached dwellings on large rural, estate type lots 6,977 0 to 3 units per acre Low-Medium Residential Single-family detached dwelling units on medium sized lots 8,010 3.1 to 6 units per acre Medium Residential Single-family detached homes on smaller lots, zero-lot-line homes, patio homes, and attached units, such as duplexes, townhomes, and mobile homes 1,604 6.1 to 11 units per acre Medium High Residential Multi-family units such as townhomes, garden apartments and mobile homes 665 11.1 to 18 units per acre High Residential Multi-family units such as apartments and condominium- type dwellings in multi-story buildings 525 18.1 to 27 units per acre Urban Core Residential (UCSP) Multi-family dwelling units in an urban environment 84 27.1 to 60 units per acre Bayfront High Multi-family units such as apartment and condominium- type dwellings in multiple-story buildings 14 60 to 115 units per acre Mixed-Use Residential1 Multi-family residential, retail shops, financial, business and personal services, restaurants, entertainment and office opportunities 933 27 to 40 units per acre Mixed Use Transit Focus Area (UCSP)1 High intensity mixed residential, office and retail uses 122 27 to 40 units per acre Eastern Urban Center Medium-High to Urban Core residential, and a variety of integrated mixed use, commercial, cultural, public and office uses 266 27 to 40 units per acre Resort May include hotels, resort-oriented commercial services, restaurants and retail shops, cultural and recreational uses, conference centers and permanent residences 230 27 to 40 units per acre Town Center May include a mix of multi-family residential; retail shops; restaurants; professional office; or other commercial use opportunities 85 18 to 45 units per acre Notes: 1 Mix of uses is allowed as horizontal and vertical development that may result in developments dedicated to residential uses only. Source: Chula Vista General Plan Land Use and Transportation Element 2022/09/13 City Council Post Agenda Page 270 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-5 2.1.2 Zoning Code WESTERN CHULA VISTA The Zoning Code is the primary tool for implementing the General Plan in Western Chula Vista. It is designed to protect and promote the public health, safety, and welfare of residents. Discretionary and by-right land uses are reviewed against zoning regulations that include, but are not limited to, lot coverage, setbacks, height limits, floor area ratio (FAR), and parking. Located west of the I-805 freeway are the older, long established communities; other than infill development, the City does not expect substantial changes in these communities. Maximum residential densities determine the number of units that can be built per acre and can be a constraint for residential development. Additionally, zoning regulations including setbacks, floor area ratio (FAR), lot coverage, design requirements, common and private open space requirements, parking requirements and building and fire codes can constrain residential densities, thereby limiting the number of additional units per acre. To facilitate more residential development, the City has amended the zoning code in 2010 to allow mixed commercial-residential development in commercial and industrial zones by increasing opportunities, particularly for infill development. The Urban Core Specific Plan (UCSP) and Palomar Gateway Specific Plan, which are also west of the I-805 freeway, established land use regulations that reduce or minimize the traditional constraints, stated above, as these are form-based codes that allow more development flexibility. Transit-focus areas along major commercial corridors contain land use districts in the UCSP that allow for higher residential densities and mixed-use commercial residential development with zero setbacks, higher FARs, taller buildings, and flexible parking standards. Chula Vista’s residential zoning designations, as shown in Table B-2, control both the use and development standards of a specific site and influences the housing to be developed. 2022/09/13 City Council Post Agenda Page 271 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-6 City of Chula Vista General Plan Table B-2 WESTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear Agricultural Zone1 A-8 35 300 50 20 50 8 acres N/A N/A X2 A-X As designated on Zoning Map, but not less than 8 acres Residential Estate Zone R-E 4A 28 200 25 15 25 4 acres 40% N/A 2-car garage2 R-E 2A 200 25 15 25 2 acres R-E 40,000 150 25 15 25 40,000 R-E 20,000 100 25 10 25 20,000 Single-Family Residential Zone R-1-15 28 85 25 10 20 15,000 40% N/A 2-car garage2 R-1-10 70 20 10 20 10,000 R-1-7 60 15 10 20 7,000/6, 000 R-1-5 50 15 10 15 5,000 One- and Two-Family Residential Zone R-2 28 60 15 5 20 7,000 50% N/A X2 R-2-T 303 15 0 15 3,500 X6 R-2-X 60 15 5 20 7,000 X2 Exclusive Mobile Home MHP By plan Apartment Residential Zone R-3 284 65 15 5 15 7,000 50% 400 1-27 R-3-M 65 15 5 15 7,000 500 R-3-T 22 15 0 20 2,000 300 R-3-G 65 15 5 15 7,000 600 R-3-H 465 80 15 10 20 10,000 25% 200 R-3-L 28 65 15 5 15 7,000 50% 600 SPECIFIC PLANS Urban Core Specific Plan V-1 18-45 N/A 0 N/A N/A N/A 2.0 200 1.58 V-2, V- 2a 18-45 2.0 200 1.59 V-3 18-84 4.5 200 1.58 2022/09/13 City Council Post Agenda Page 272 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-7 The R-E (Residential Estate), R-1 (Single-Family), R-2 (One- and Two-Family), and R-3 (Apartment Residential) zones are the primarily residential zones. Single-family dwelling, accessory dwelling unit, and junior accessory dwelling unit uses are permitted by right in the R-E, R-1 and R-2 zones and in residential districts within the UCSP (Urban Core Specific Plan) and the Palomar Gateway Specific Plan. Additionally, supportive and transitional housing are by right uses where residential uses are permitted. Duplexes, multi-family developments, and accessory dwelling units are permitted by right in the R-2 and R-3 zones and single room occupancy units are permitted by right in the R-3 zones as well. V-4 18-60 15 1.0 100 1.58 UC-1 30-84 0 4.0 100 1.010 UC-2 45-84 8 2.5-5.0 100 1.010 UC-3 18-60 15 3.0 200 X7 UC-6 18-60 15 2.0 200 X7 UC-10 18-72 0 2.0 N/A 1.5 UC-12 45-210 16 4.0-6.0 100 1.0 UC-13 18-60 0 2.0 200 X7 UC-14 30-84 15 3.0 200 X7 UC-15 45-210 11 4.0-6.0 100 1.0 C-1 18-60 10 1.0 N/A X7 C-2 18-45 10 C-3 18-46 Palomar Gateway By Subdistrict Bayfront Master Plan By Subdistrict Notes: 1 To be consistent with the General Plan Update, the agriculture zone will be revised. 2 Two-car garage requirement applies in the R-E Zone (see CVMC 19.62.170- 19.62.190 3 Minimum lot width shall be 30 feet for all lots developed with single-car garages and 40 feet for lots developed with two-car garages. 4 A maximum of 45’ may be approved by the Design Review Board. 5 No building can be less than 46’ feet or 5-stories 6 Shall provide parking at a ratio of two spaces per unit with a minimum of 75 percent of the parking to be provided in garages; the remaining 25 percent may be accommodated by parking bays or garages. 7 One per unit for each efficiency living unit or single room occupancy residence. One and one-half per unit for each one-bedroom dwelling unit. Two per unit for each two-bedroom dwelling unit. Two per unit for each three-bedroom dwelling unit. One additional for each bedroom over four bedrooms. 8 Min: 1.5 space/du, Guest: 1 space/10 du, On-site Min: 50% 9 Min: 1.5 space/du, Guest: 1 space/10 du, On-site Min: 0% 10 1.0 space/du, Guest: 1 space/10 du, On-site Min: 50% Source: City of Chula Vista 2022/09/13 City Council Post Agenda Page 273 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-8 City of Chula Vista General Plan Accessory dwelling units are also permitted by right in the A (Agricultural) zone with a primary residence, in the C-O (Administrative and Professional Office) and C-C (Central Commercial) zones with existing multi-family dwellings, and Single room occupancy (SROs) units are allowed in the C-O zone with a Conditional Use Permit. Additionally, Emergency Shelters are a by-right use in the I-L (Limited Industrial) zone and allowed in the C-T (Thoroughfare Commercial) zone with a Conditional Use Permit. EASTERN CHULA VISTA Sectional Planning Area (SPA) Plans are the primary tool for implementing the General Plan in Eastern Chula Vista. They are designed to protect and promote the public health, safety, and welfare. Discretionary and by-right land uses are reviewed against zoning regulations that include, but are not limited to lot coverage, setbacks, height limits, floor area ratio (FAR), and parking. Located east of the I-805 freeway are newer built-out communities, neighborhoods under construction and large vacant parcels of land where the City expects to experience significant growth. Maximum residential densities determine the number of units that can be built per acre and can be a constraint to providing residential development. Additionally, zoning regulations including setbacks, floor area ratio (FAR), lot coverage, design requirements, common and private open space requirements, parking requirements and building and fire codes can constrain residential densities, thereby limiting the number of additional units per acre. Much of Eastern Chula Vista’s residential land is built-out (Rancho Del Rey, Sunbow, Eastlake, Rolling Hills Ranch, portions of Otay Ranch, etc.) and will likely see infill development in the form of accessory and junior dwelling units in the foreseeable future. The remainder of Eastern Chula Vista’s residential designations, as shown in Table B-3, control both the use and development standards of a specific site and influences the housing to be developed . Table B-3 EASTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear EASTLAKE Eastlake II (Greens and Vistas) RE 2815 70 20 5 20 8,000 50% N/A 2 RS 2815 50 20 5 15 5,000 50% N/A 2 RP-8 2815 25 SP1 SP1 SP1 3,0001 55% N/A 2 RP-13 2815 25 SP1 SP1 SP1 3,0001 55% N/A 2 2022/09/13 City Council Post Agenda Page 274 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-9 Table B-3 EASTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear RP-SL 2815 50 20 5 SP1 2,500 55% N/A 2 RC 45 SP1 SP1 SP1 SP1 SP1 N/A N/A 2 RM 45 SP1 SP1 SP1 SP1 SP1 N/A N/A 2 OTAY RANCH Villages 1 and 5 SF3 N/A 45 15 5 15 4000 50% N/A 2 SF4 N/A 25 15 5 10 2800 50% N/A 2 RM1 N/A SP1 SP1 SP1 SP1 SP1 55% 300 25 RM2 N/A SP1 SP1 SP1 SP1 SP1 SP1 200 By no. of bedrooms6 Village 2 SF2 35 50 15 5 20 7500 0.65 N/A 2 SF3 35 45 15 5 15 4000 0.65 N/A 2 SF4 35 40 15 5 10 3000 0.65 N/A 2 RM1 453 DR2 DR2 DR2 DR2 DR2 DR2 300 DR2 RM2 604 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 Village 3 SF4 35 40 7 3.25 5/157 2,400 69-71.5%8 200-4008 2 RM1 45 DR2 DR2 DR2 DR2 DR2 69-71.5%8 200-4008 25 RM2 60 DR2 DR2 DR2 DR2 DR2 DR2 DR2 By no. of bedrooms6 MU-1 DR2 DR2 DR2 DR2 DR2 DR2 DR2 DR2 By use Village 4 SF1 35 50 18 5 5 4,000 0.5 N/A 2 RM1 35 60 18 5 5 7,000 0.55 120-2408 2 RM2 45 65 18 10 15 7,000 DR2 120-2408 By no. of bedrooms6 Village 6 SF3 28 45 19.5 5 15 5,000 0.65 N/A 2 SF4 28 40 19.5 5 10 4,000 0.65 N/A 2 RM1 45 DR2 DR2 DR2 DR2 DR2 DR2 300 By no. of bedrooms6 RM2 45 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 Village 7 SF3 28 45 19.5 5 15 4,000 .65 N/A 2 SF4 35 40 19.5 5 15 3,000 .65 N/A 2 2022/09/13 City Council Post Agenda Page 275 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-10 City of Chula Vista General Plan Table B-3 EASTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear RM1 45 DR2 DR2 DR2 DR2 DR2 DR2 300 By no. of bedrooms6 RM2 45 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 Village 8 East SF4 35 40 7/17 3.25 5 2,400 DR2 0-4008 2 RM1 45 DR2 DR2 DR2 DR2 DR2 DR2 300 2 RM2 60 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 Village 8 West NE 35 40 7 5 15 3,480 70% 0-4009 29 NG 35-4510 20 7 5 10 2,700 80% 0-4009 29 NC 45 20 N/A 5 10 2,000 90% 0-4009 29 TC 60 DR2 N/A N/A N/A DR2 N/A 0-4009 29 Village 9 NE 35 40 18 5 5-209 4,000 70% 29 29 NG 35-4510 20 13 5 5-109 2,700 80% 29 29 NC 45 20 5-1811 5 5-109 2,000 90% 29 29 UN 60 DR2 5-1811 N/A N/A N/A N/A 29 29 TC 60 DR2 5-1811 N/A N/A N/A N/A 29 29 UC 215 N/A 5-1811 N/A N/A N/A N/A 29 29 Village 10 SF4 35 40 10 3.25 5 2,400 DR2 0-4008 2 RM1 45 DR2 DR2 DR2 DR2 DR2 DR2 0-4009 2 RM2 60 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 Village 11 SF3 28 45 19.5 5 15 4,000 0.65 N/A 22 SF4 28 40 19.5 5 10 3,000 0.65 N/A RM1 28 DR2 DR2 DR2 DR2 DR2 DR2 300 By no. of bedrooms6 RM2 60 DR2 DR2 DR2 DR2 DR2 DR2 200 By no. of bedrooms6 MU 48 DR2 15 10 10 DR2 DR2 DR2 DR2 Eastern Urban Center EUC1 25-4013 N/A 0-1012 N/A N/A N/A N/A 200 1.65-1.8514 EUC2 25-4013 N/A 0-1012 N/A N/A N/A N/A 200 1.65-1.8514 EUC3 35-5013 N/A 0-1012 N/A N/A N/A N/A 200 1.65-1.8514 2022/09/13 City Council Post Agenda Page 276 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-11 Table B-3 EASTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear EUC4 35-7013 N/A 0-1512 N/A N/A N/A N/A 200 1.65-1.8514 EUC5 35-7013 N/A 0-1012 N/A N/A N/A N/A 200 1.65-1.8514 EUC6 25-4013 N/A 0-1512 N/A N/A N/A N/A 200 1.65-1.8514 EUC7 35-4513 N/A 0-1512 N/A N/A N/A N/A 200 1.65-1.8514 EUC8 25-4013 N/A 0-1012 N/A N/A N/A N/A 200 1.65-1.8514 EUC9 25-5013 N/A 0-1512 N/A N/A N/A N/A 200 1.65-1.8514 EUC10 25-5013 N/A 0-1512 N/A N/A N/A N/A 200 1.65-1.8514 Freeway Commercial RM 502 DR2 DR2 DR2 DR2 DR2 N/A 200 2 R/MU 752 DR2 DR2 DR2 DR2 DR2 N/A 200 By no. of bedrooms6 C/MU 752 DR2 DR2 DR2 DR2 DR2 N/A N/A 4/1,000 sf Rancho Del Rey RS 28 50 15 5 15 5,000 45% 2 RP 28 40 15 3 15 3,500 50% 2 RC SP1 SP1 SP1 SP1 SP1 SP1 SP1 1.5-2.59 Rolling Hills Ranch SFE 2816 90 20 5 25 15,000 40% N/A 2 SF1 2816 60 20 5 20 7,000 45% N/A 2 SF2 2816 60 15 5 15 6,000 45% N/A 2 SF3 2816 50 15 5 15 5,000 50% N/A 2 SF4 2816 45 15 5 10 4,500 50% N/A 2 SFA 35 SP1 SP1 SP1 10 SP1 SP1 N/A 2 MF 2817 SP1 SP1 SP1 SP1 SP1 SP1 N/A 1.5-2.59 Sunbow RS 28 50 15 5 15 5,000 0.45 N/A 2 RP 28 40 15 5 15 3,500 0.50 N/A 2 RM SP1 SP1 SP1 SP1 SP1 SP1 SP1 SP1 1-2.256 RC SP1 SP1 SP1 SP1 SP1 SP1 SP1 SP1 1-2.256 VC SP1 SP1 SP1 SP1 SP1 SP1 SP1 SP1 1-2.256 Notes: 1 Determined by discretionary Site Plan review 2 Determined by Discretionary Review 3 Maximum of 3 stories 4 Maximum of 4 stories 5 If multi-family see RM2 standards 6 1 space per studio, 1,5 spaces per 1-bedroom unit, 2 spaces per 2 bedroom unit, 2.25 spaces for 3 bedroom unit or larger 7 Five-foot setback may only apply to 50% of the lot. Minimum 15-foot setback applies to 50% of the lot. Second story (and above) may project 3 feet into rear yard setback where Rear Yard setback is a minimum of 10’ 2022/09/13 City Council Post Agenda Page 277 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-12 City of Chula Vista General Plan Table B-3 EASTERN CHULA VISTA RESIDENTIAL DEVELOPMENT REGULATIONS Zone Building Height Lot Width Min. Setbacks Min. Lot Area Lot Coverage / FAR Min. Open Space/DU Parking / DU Front Side Rear 8 Sliding scale depending on lot size 9 Depends on building configuration 10 2 story or nested 3rd story maximum; 35 feet. Up to 40% of units along each street frontage may be 3 story; 45 feet maximum 11 Depending on Corridor Standard 12 Depending on street frontage 13 Depending on District 14 Depending on unit size or parking study 15 May be increased to 35 feet with Site Plan approval 16 Maximum height is 35 feet for two-story homes, if approved by the Zoning Administrator 17 Maximum height is 45’ for three-story multi-family structures Source: City of Chula Vista Each SPA Plan has an Affordable Housing Plan addressing the General Plan’s Housing Element, which includes identifying compliance with the City’s inclusionary housing ordinance that requires every development over 50 units to provide 5% of the units for low income households and 5% of the units for moderate income households. The Development and Parking Regulations established by the City are not seen as an impediment to development, as the standards are minimum requirements to ensure health and safety standards are met. Additionally, reasonable parking standards are acceptable to accommodate lifestyle choices of California residents for marketability of housing and perceived qualify of life of surrounding neighborhoods that may be impacted by a lack of available parking. While parking requirements are not viewed as a strain for the development of housing directly, with parking, generally, required to be located on the same lot or property, parking may reduce the amount of available lot area for residential development. The Zoning Code allows off-site parking with an agreement between the property owner and developer, and shared parking provisions have been implemented with process improvements in 2010. The City also provides consideration of an alternative option to use private streets for on-street parking within subdivisions. In accordance with recent State legislation related to affordable housing provided under State Density Bonus and accessory dwelling units, parking standards are flexible and requirements significantly reduced where such housing is located within close proximity to transit. The City will also look to examine differing parking standards for affordable, senior-aged, mixed-use, and transit- oriented housing projects, if appropriate, to reflect current and anticipated parking needs. 2022/09/13 City Council Post Agenda Page 278 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-13 2.1.3 Site Improvements Site improvements required to develop specific sites will vary depending on the location and existing infrastructure. Possible improvements can include, but are not limited to, upgraded sewer and water lines to accommodate increased density; right-of-way dedication of the development site for arterials that do not meet current level-of-service standards; and grading if there is excessive on-site slope. For new developments, all improvements would have to be installed prior to occupancy or in- lieu fees paid. In Western Chula Vista, all major infrastructure such as water/sewer is already in place; sidewalks/curbs are provided via individual project developments and/or annual CIP projects for all streets in SW CV that were annexed from SD County without curb/sidewalk. Additionally, the City of Chula Vista has established standard street cross-sections and a variety of other design standards related to public facilities, such as roadways and infrastructure facilities. As part of the standard development review process, the City adopted the Street Design Standards Policy in October of 1989 (updated in 2012). This policy provides specific guidance and minimum street standards for the development of site improvement as they relate to residential development. The standards established by the City are not seen as an impediment to development, as the se are minimum requirements to ensure health and safety standards are met. The City does have more specific standards relative to the Master Planned Communities, which utilize the City’s Subdivision Manual, in addition to design standards provided in the City’s Street Design Standards Policy. Table B-4 shows residential street design standards as depicted in the Street Design Standards Policy and the City’s Subdivision Manual last revised in 2012. To date, no project applicant has indicated that these standards impose constraints to development feasibility. Table B-4 STREET DESIGN STANDARDS Type of Street Right-of- way Curb to Curb Minimum Design Speed Maximum Grade Design ADT Residential Street 56 feet 36 feet 25 mph 15% 1,200 Residential Street (Non- contiguous Sidewalk) 62 feet 36 feet 25 mph 15% 1,200 Single Loaded Residential Street 50 feet 34 feet 25 mph 15% 1,200 2022/09/13 City Council Post Agenda Page 279 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-14 City of Chula Vista General Plan Table B-4 STREET DESIGN STANDARDS Type of Street Right-of- way Curb to Curb Minimum Design Speed Maximum Grade Design ADT Single Loaded Residential Street (Non-contiguous Sidewalk) 52 feet 34 feet 25 mph 15% 1,200 Notes 1. Minimum distance between centerline intersections shall be 150 feet. 2. Grade segments in excess of 12% shall not exceed 300 feet. 3. Minimum radius for cul-de-sacs with a maximum length for 500 feet may be 100 feet and a maximum central angle of 45 degrees subject to the approval of the City Engineer. The maximum tangent length between horizontal curves of radius 100 feet shall be 150 feet. 4. Average grade over any 1,000-foor segment shall not exceed 10%. 5. Portland cement concrete pavement shall be required for grades in excess of 12%. Source: City of Chula Vista Subdivision Manual 2022/09/13 City Council Post Agenda Page 280 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-15 2.2 Growth Management The following programs and plans have been adopted to guide future development of Chula Vista: Growth Management Element: The Growth Management Element of the General Plan is designed to guide the demands for growth and development, revitalization and environ mental protection to improve the quality for current and future residents of Chula Vista. Growth Management Program: The Growth Management Program was adopted in 1991 and serves as the primary mechanism for the Growth Management Element of the General Pl an. The program sets the foundation for carrying out City development policies by directing and coordinating future growth to ensure timely provision of public facilities and services. The program establishes thresholds for eleven areas affecting Chula Vista, including traffic, police, fire and emergency services, schools, libraries, parks and recreation, water, sewer, drainage, air quality, and economics. The City’s Controlled Residential Development Ordinance (CVMC 19.80) was adopted in 1991 to manage the rapid growth of residential development, particularly in the eastern part of the City. The concerns were for impacts to traffic, public safety services, schools, libraries, and infrastructure. The ordinance is intended to control and manage impacts associated with residential development to protect and sustain the quality of life. However, the State is experiencing a severe housing shortage, as such, several laws have been enacted recently in an effort to create more residential dwelling units, in particular, affordable housing; as a consequence, growth management measures could be affected. The City needs to evaluate CVMC 19.80 in an effort to meet housing demand, and minimize the impact on growth management efforts, by implementing policies that create a balance between meeting housing needs and controlling rapid residential development. Chula Vista citizens recently voted to pass Measure A and Measure P. These measures provide funding for public safety and infrastructure to meet the needs of increased demand for public safety and improve existing facilities and infrastructure, which can satisfy growth management efforts and facilitate residential development. The City recently adopted Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinances that provide affordable housing on lots with existing or proposed dwellings in zones where residential development is allowed including multifamily and commercial zones. These units generally do not significantly impact public service and infr astructure capacity while increasing the number of available housing. As of January 2020, the State enacted laws that promote accessory dwelling development by mandating municipalities to reduce or eliminate zoning regulations and fees. 2022/09/13 City Council Post Agenda Page 281 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-16 City of Chula Vista General Plan Growth Management Ordinance: This ordinance was adopted in 1991 and codifies Growth Management intents, standards, requirements, and procedures related to the review and approval of development projects. The City will review the Growth Management Ordinance for potential amendments to be considered. 2.3 Density Bonus State law allows a developer willing to provide a percentage of the housing units for targeted populations an increase in the density of a residential development, implementation of prescribed parking standards, and for certain developments, waivers of developments standards and additional incentives or financial equivalent (such as modified development standards or reduction/wa iver of application or development impact fees). % of DUs to be Restricted Targeted Populations 5% Very Low-Income households (incomes 50% and less of median) 10% Lower-Income households (incomes 80% or less of median) 10% Moderate-Income households (120% of median income) but only if project is common interest for sale development 10% Transitional Foster Youth, Disabled Vets or Homeless Persons and restricted to Very-Low-Income rents (AB 2442; 09/28/2016) 100% Lower-Income households, but may include a max of 20% for Moderate Income (AB 1763; 10/09/2019) 20% Low-Income student housing (SB 1227; 09/29/2018) 100% Senior citizen housing development With recent State legislation passed since the 2013 Housing Element, the City will need to revise Chapter 19.40 of the Chula Vista Municipal Code (CVMC) for compliance with State Density Bonus law at California Government Code Section 65915. 2022/09/13 City Council Post Agenda Page 282 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-17 2.4 Variety of Housing Types Housing Element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of various types of housing for all economic segments of the population and for special housing types to meet various needs. Citywide zoning, Specific Plan and Sectional Planning Area (SPA) Plan regulations accommodate a diversity of housing types to meet the varying needs of Chula Vista ’s residents. In addition to the City’s residential zones, many types of residential uses are also permitted in commercial zones, mixed use zones, and some industrial zones. The City’s land use and zoning regulations are found in Title 19 of the Chula Vista Municipal Code (CVMC). The CVMC accommodates a variety of housing types to serve the varying needs of Chula Vista residents, as shown in Table B-5 below. Table B-5 ZONING FOR A VARIETY OF HOUSING TYPES Housing Type CVMC Use Category Zones Permitting Use By- Right Zones Permitting Use with CUP Accessory Dwelling Unit / Junior Accessory Dwelling Unit Accessory Dwelling Unit / Junior Accessory Dwelling Unit Permitted by-right in all zones that allow residential (citywide zones, Specific Plans and SPA Plans) -- Caretaker Houses (accessory use) Caretaker Houses (accessory use) I-R, I-L, I, P-Q -- Dwelling Groups Dwelling Groups R-E, R-1, R-2 -- Farmworker Housing Qualified Employee Housing (6 or fewer residents) Qualified Employee Housing (7 or more residents) Permitted by-right in all zones that allow residential (citywide zones, Specific Plans and SPA Plans) Permitted by-right in all (Agricultural) Zones or similar agricultural zones in Specific Plans and SPA Plans -- -- Homeless Emergency Shelters Emergency Shelters I-L or equivalent limited industrial zone within a Specific Plan or SPA Plan and accessory to a church C-T or similar commercial zone or CPF within a SPA Plan 2022/09/13 City Council Post Agenda Page 283 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-18 City of Chula Vista General Plan Table B-5 ZONING FOR A VARIETY OF HOUSING TYPES Housing Type CVMC Use Category Zones Permitting Use By- Right Zones Permitting Use with CUP Manufactured Housing Factory-Built Home / Mobilehome A Zones, R-1 and similar multi-family zones within Specific Plans and SPA Plans -- Mixed-Use Housing Mixed-Use Commercial / Residential C-C and similar zones within Specific Plans and SPA Plans -- Multi-Family Housing Dwellings, Multiple R-3, C-O and similar multi- family zones within Specific Plans and SPA Plans -- Duplex R-2, R-3 and similar multi- family zones within Specific Plans and SPA Plans -- Permanent Supportive Housing Supportive and Transitional Housing All residential zones (citywide and within Specific Plans and SPA Plans) -- Residential Facility Residential Facility (6 or fewer) Permitted by-right in all zones that allow residential (citywide zones, Specific Plans and SPA Plans) Permitted as an Unclassified Use in all zones. Residential Facility (7 or more) -- Permitted as an Unclassified Use in all zones. Single-Family Housing Single-Family A Zones, R-E, R-1, R-2 and similar residential zones within Specific Plans and SPA Plans -- Attached Single-Family R-2 and similar residential zones within Specific Plans and SPA Plans -- Single Room Occupancy Residence, Single Room Occupancy R-3 (Apartment Residential) and similar multi-family zones within Specific Plans and SPA Plans -- 2022/09/13 City Council Post Agenda Page 284 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-19 Table B-5 ZONING FOR A VARIETY OF HOUSING TYPES Housing Type CVMC Use Category Zones Permitting Use By- Right Zones Permitting Use with CUP Boarding or Lodging Houses R-3 -- Student Housing Student Housing UID -- Transitional Housing Supportive and Transitional Housing All residential zones and similar residential zones in Specific Plans and SPA Plans -- Unclassified Uses (including senior housing, nursing and disabled housing, residential facilities Unclassified Uses -- Permitted by CUP in all zones (citywide zones, Specific Plans and SPA Plans) Source: City of Chula Vista 2.4.1 Accessory Dwelling Units and Junior Accessory Dwelling Units In response to state mandate, an accessory dwelling unit ordinance was originally adopted in 2003 to allow accessory dwelling units (ADUs) in A, R-E, R-1 and P-C zones designated for single family residential development. In 2007, the ordinance was amended to modify a variety of development standards such as unit size. In 2017 and 2018 new State laws for ADUs and junior accessory dwelling units (JADUs) were enacted. The ADU ordinance was amended and a JADU ordinance was adopted by City Council to incorporate the new laws. The laws added provisions to reduce local government regulations including reduced parking, building above detached accessory structures, and conversion of existing accessory structures to facilitate the development of more units. In January 2020, the State enacted another set of ADU laws, which require additional provisions including a reduction in setbacks, exemption from lot coverage, allowing ADUs in multi-family and in zones that permit mixed uses, and removal of the owner-occupancy requirement for five years to encourage ADU and JADU development. The ADU and JADU ordinances have been amended to incorporate these new provisions. ADUs and JADUs are a potential source of affordable housing. ADUs are self-contained housing units that are secondary to primary residential dwellings on the same lot. It is the City’s intent to allow 2022/09/13 City Council Post Agenda Page 285 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-20 City of Chula Vista General Plan ADUs and JADUs as a source providing a range of affordable housing through a ministerial process provided certain conditions are met. 2.4.2 Qualified Employee Housing In 2018, the City of Chula Vista amended the CVMC to define q ualified employee housing as “accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.).“ CVMC Section 19.58.144 permits qualified employee housing providing accommodations for six or fewer employees by-right in residential zones and for seven or more employees by-right in agricultural zones or an equivalent zone within a City approved Sectional Planning Area plan or Specific Plan . 2.4.3 Emergency Shelters and Low Barrier Navigation Centers Senate Bill 2, enacted in October 2007, requires local governments to identify one or more zoning categories that allow emergency shelters (year-round shelters for the homeless) without discretionary review. The statute permits the City to apply limited conditions to the approval of ministerial permits for emergency shelters. The identified zone must have sufficient capacity to accommodate at least one year-round shelter and accommodate the City’s share of regional unsheltered homeless population. Chula Vista’s unsheltered homeless population is estimated to be 212 individuals in 2020 in accordance with the We All Count Point in Time Count for San Diego County. CVMC Section 19.04.089.2.2 was amended in 2018 to define emergency shelters as “housing with minimal supportive services for homeless persons, with occupancy limited to a six -month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(c) of the California Health and Safety Code.” CVMC 19.48.153 permits emergency shelters by right in the I-L zone or an equivalent zone of a SPA or Specific Plan. There are currently 144 zoned properties encompassingat 301 acres within the City, which is adequate to accommodate the unsheltered within Chula Vista. The I-L Zone is primarily located along Main Street; the C-T Zone is primarily located on Broadway. As major thoroughfares within Chula Vista, both Main & Broadway have direct and high frequency public transit. In addition, emergency shelters are permitted with a conditional use permit in the C-T zone as well as CPF zones within the City’s SPA and Specific Plans. 2022/09/13 City Council Post Agenda Page 286 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-21 The City looks at objective performance standards for emergency shelters consistent with SB 2, including requiring a facility management plan to include staffing, security and sanitation and location restrictions limited to 300 feet from another emergency shelter. Off-street parking and parking spaces for employees and loading is required. Currently, 1.5 parking spaces are required for employees and one loading space for deliveries. Such parking requirements for employees and loading is consistent with standards provided for other uses within the I -L zone (e.g. wholesale establishments, warehouses, service and maintenance centers, communication equipment buildings, manufacturing plants, research or testing laboratories, and bottling plants). AB 139 requires the assessment of shelter needs be based on th e most recent Point-in-Time Count and the parking standards for shelters be based on staffing levels. The City will review and revise as necessary its zoning ordinance related to AB 139. In 2020 and 2021, City Council allocated federal funding to site improvements, infrastructure, housing units and equipment necessary to support the development and operation of a temporary Bridge Shelter program for the homeless to serve the Chula Vista community and began construction in 2022.In 2020, the City acquired a Sprung Structure and companion laundry, restroom and shower facilities and completed the design and infrastructure plans to provide a bridge shelter. Located along Broadway and south of Main Street, it is less than one mile away from the County of San Diego’s South Region Live Well Center. The bridge shelter is anticipated to have a minimum capacity of 75 unsheltered persons to a maximum of 200. Construction is expected to begin in summer 2021. Operations of the bridge shelter will be funded through the City’s Emergency Solutions Grant (ESG) and its Permanent Local Housing Allocation (PLHA). AB 101 requires cities to allow a Low Barrier Navigation Center development by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements. A “Low Barrier Navigations Center” is defined as a “Housing First, low-barrier, service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and Housing” Low Barr ier shelters may include options such as allowing pets, permitting partners to share living space, and providing storage for resident’s possession. AB 101 also sets a timeline for jurisdictions to act on applications for Low Barrier Navigation Center developments. The requirements of this bill are effective through the end of 2026, at which point they are repealed. A program in the Housing Plan of this Housing Element includes amendments to the zoning ordinance allow Low Barrier Navigation Centers by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses. 2022/09/13 City Council Post Agenda Page 287 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-22 City of Chula Vista General Plan 2.4.4 Supportive and Transitional Housing In 2018, the City of Chula Vista updated the CVMC with regard to supportive and transitional housing. CVMC Section 19.04.290.1 defines supportive housing as “housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community” (Section 65582(g) of the State Government Code). Target population means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code.” CVMC Section 19.04.299 defines transitional housing as “buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code).” CVMC Section 19.58.315 permits supportive and transitional housing in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code Section 65583(a)(5), and subject to all municipal codes, regulations and other standards applicable to other residential dwellings of the same type in the same zone. 2.4.5 Residential Facilities Both federal and State fair housing laws, along with State Planning and Zoning laws (Governm ent Code Section 65008), provide protection for residential facilities serving persons with disabilities. The Lanterman Developmental Disabilities Services Act also declares disabled persons are entitled to live productive and independent lives in the communities in which they live. In accordance with State law, licensed residential facilities for six or fewer persons are a permitted use in all residential zones and must be treated like other residential uses occurring within the same zone. The following State statutes require that small (serving six or fewer persons) licensed group homes be treated like other residential uses and include: facilities for persons with disabilities and other facilities (Welfare & Inst. Code 5116), residential health care facilities (Health & Safety Code 1267.8, 1267.9, & 1267.16), residential care facilities for the elderly (Health & Safety Code 1568.083 - 1568.0831, 1569.82 – 1569.87), community care facilities (Health & Safety Code 1518, 1520.5, 1566 2022/09/13 City Council Post Agenda Page 288 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-23 - 1566.8, 1567.1), pediatric day health facilities (Health & Safety Code 1267.9;1760 – 1761.8), and facilities for alcohol and drug treatment (Health & Safety Code 11834.23). As such, in 2018 the City of Chula Vista amended CVMC Section 19.04.198.1 to define resident ial facilities as “any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.” CVMC Section 19.58.268 permits residential facilities for by-right for six or fewer residents in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any zone as an unclassified use with a conditional use permit approved by the City’s Zoning Administrator without a requirement for a public hearing, as authorized in accordance with the provisions of CVMC 19.14.030 (A), subject to additional standards listed in CVMC 19.58.268 for residential facilities. In general, such standards include: 1. If the residential facility consists of individual units, the maximum density shall be consistent with the maximum permitted of the zone. 2. One residential facility per lot/premises. 3. Cannot be located within 300 feet from a licensed residential facility. 4. Provide off-street parking. 5. Units designed for persons with disabilities to comply with Title 24 of the California Code of Regulations and any applicable federal or state accessibility standards. 6. Congregate dining and accessory retail and personal services may be provided. 7. Approval and license by applicable agencies, as required. 8. Active business license. 2.4.6 Single Room Occupancy (SRO) In addition to the other housing updates to the CVMC in 2018, the City of Chula Vista added a definition of Single Room Occupancy to Section 19.04.1974.1. The CVMC now defines a Residence, single room occupancy (SRO) as “a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.” The CVMC was also amended to allow SROs as a by-right use in the R-3 (Apartment Residential) and similar multi-family zones within Specific Plans and SPA Plans. 2022/09/13 City Council Post Agenda Page 289 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-24 City of Chula Vista General Plan 2.4.7 Unclassified Uses Chapter 19.54 of the CVMC defines Unclassified Uses as “uses possessing characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for the location and operation thereof shall be subject to review and the issuance of a conditional use permit…” Unclassified Uses are permitted in most zones with the approval of a Conditional Use Permit and include senior housing, nursing homes, disabled housing and residential facilities. Senior Housing may be allowed in any zone, as an Unclassified Use, [CVMC 19.54.020(P)] except the R-1, R-2, C-V, C-T and industrial zones. Because the residents of such development have dwelling characteristics which differ from those of families and younger persons, it is not appropriate to apply all of the normal zoning standards thereto. Accordingly, pursuant to the processing of a conditional use permit for such developments, the Planning Commission may make exceptions to the density, off-street parking, minimum unit size, open space, and such other requirements as may be appropriate. The Planning Commission may also adjust required setback, building height, and yard areas as appropriate to provide an adequate living environment both within the development and on nearby properties. Any exceptions and adjustments shall be subject to the condition that the development will be available for occupancy by seniors only. Convalescent hospitals, rest homes, and nursing homes (for the aged, physically disabled, or mentally disabled of all ages) may be considered for location in any zone, as Unclassified Uses, subject to a Conditional Use Permit. The purpose of this review is to determine that the characteristics of these uses are not incompatible with the type of uses permitted in surrounding areas. Specific site requirements for convalescent hospitals and nursing homes include location criteria and parking standards. Specifically, section 19.58.110 of the Municipal Code, requires convalescent hospitals to be located on a collector or thoroughfare with a minimum parcel size of one acre in any residential zone. Requirements for nursing homes include approval and license from proper agencies concerning health and safety and an off -street loading area, in addition to specific requirements if an unenclosed incinerator is provided. The City of Chula Vista regulates parking standard s by designated use. One space for every three beds is required for both a convalescent hospital and nursing home. Further, the following findings must be made for homes for mentally disabled children pursuant to CVMC 19.54.020(H): 2022/09/13 City Council Post Agenda Page 290 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-25  The size of the parcel shall provide adequate light and air in proportion to the number of residents,  The location of windows and open play areas shall be situated as to not adversely impact adjoining uses, and  Spacing between facilities shall not affect that character of the surrounding neighborhood. 2.4.8 Reasonable Accommodations The City of Chula Vista, as a matter of federal and state law, complies with the requirements of the Federal Fair Housing Act and the California Fair Employment and Housing Act to provide for reasonable accommodation in the zoning code and other land use regulations when accommodations provide for equal opportunity for access to dwelling units. The City does not require special building codes or burdensome project review to construct, improve, or convert housing for persons with disabilities. Per Chula Vista Municipal Code Chapter 1.50, persons with disabilities can make an application requesting reasonable accommodations in the application of zoning, land use, or building laws, rules, policies and procedures of the City to allow for equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing . A Reasonable Accommodation Request Form and an Application for Unreasonable Hardship for Accessibility Issues based on Title 24 are available on the City’s website at https://www.chulavistaca.gov/departments/development -services/forms-specifications. The City of Chula Vista currently has an application procedure for unreasonable hardship exceptions for accessibility issues through Application Form 4607. The application provides a formalized process for the granting of exceptions from the requirements of State of California Title 24 accessibility. The application is available at the public counter and via the City’s website. For group living arrangements for persons with disabilities, the City may consider reasonable accommodations to its zoning, permitting and building requirements. For example, standards such as parking standards for facilities for persons with disabilities may be waived provided the need for reduced or modified standards can be justified, based on Title 24. Modifications to standards include new construction and remodel of existing residential development. There is no established standard for the location requirements of facilities tailored for persons with disabilities. The Municipal Code states that facilities shall be sited in a manner that does not negatively impact the character of a neighborhood. The City of Chula Vista believes this general 2022/09/13 City Council Post Agenda Page 291 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-26 City of Chula Vista General Plan requirement does not have a demonstrable negative impact on the development or cost of providing facilities for the disabled. Previously, in 2018, the definition of “Family” was by repealed by Ordinance 3442 § 2(B), as part of the City’s revisions to the Chula Vista Municipal Code to provide for transitional housing, supportive housing, emergency shelters, single-room occupancy and employee housing. Therefore, the definition of “family” is not seen as a barrier to group living accommodations. The City has previously prepared in 2018 and published a law summary related to group living accomodations available on its website at https://www.chulavistaca.gov/departments/city-attorney. Building Codes The City enforces Title 24 of the California Code of Regulations that regulates the access and adaptability of buildings to accommodate persons with disabilities. The Plan Review and Inspection Sections of the Development Services Department conduct thorough reviews of all new construction projects to confirm the work meets the appropriate State of California accessibility standards. In the case of residential construction, there are very few accessibility requirements for single -family dwellings and the requirements for multi-family structures only apply when the building is newly constructed. However, the City does have a program to encourage the implementation of enhanced accessibility and energy efficient features in residential construction. The City has adopted a program to conduct comprehensive field investigations in response to inquiries about the potential lack of accessibility features that should have been included during original construction. A formal enforcement process is in place to ensure any detected violations are corrected in a timely manner. 2022/09/13 City Council Post Agenda Page 292 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-27 2.5 Building Codes and Enforcement Building and safety codes are adopted to preserve public health and safety and ensure the construction of safe and decent housing. They also have the potential to increase the cost of housing construction or maintenance. Building Codes: The City of Chula Vista has adopted the 2019 edition of the California Building Code, which establishes certain construction standards for all resid ential buildings. These codes are designed to protect the public health, safety, and welfare of Chula Vista’s residents. Code enforcement in the City is performed on a complaint basis through the Code Enforcement Section of the Development Services Department. The City has made local amendments to the California Building Code, as contained in Chapter 15.08 of the City’s Municipal Code for the purpose of further defining administrative procedures and addressing health and safety concerns. No local amendments are perceived as creating a demonstrable constraint to housing development. Americans with Disabilities Act: The Federal Fair Housing Act of 1998 (FHA) and the Americans with Disabilities Act (ADA) are federal laws that are intended to assist in prov iding safe and accessible housing. The City of Chula Vista has the authority to enforce laws and regulations (California Code of Regulations (CCR) Title 24) when evaluating construction projects. Compliance with these codes may increase the cost of housing construction as well as the cost of rehabilitating older units, which may be required to comply with current codes. Uniform Housing Code: The Uniform Housing Code provides complete requirements affecting conservation and rehabilitation of housing. It is compatible with the Uniform Building Code. Implementation of the requirements contained in the Uniform Housing Code may influence the feasibility of conservation and rehabilitation efforts of existing housing units in the City. 2022/09/13 City Council Post Agenda Page 293 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-28 City of Chula Vista General Plan 2.6 Development Fees Various development and permit fees are charged by the City and other agencies to cover administrative processing costs associated with development. These fees ensure quality development and the provision of adequate public services. However, often ti mes these fees are passed down to renters and homeowners in the rent/purchase price of the unit and therefore, affect the affordability of housing. Table B-6 summarizes the findings of the development fees for the City of Chula Vista and three other cities in San Diego County. Table B-6 DEVELOPMENT FEES1 Type of Fee Chula Vista El Cajon Carlsbad San Diego, City Planning General Plan Amendment $20,0002* $3,680 $6,747 $12,0002 Rezone Application $10,0002* $2,800 $7,279 $12,0002 Design Review w/ Public Hearing $20,0002* ---- ---- ---- Specific Plan $20,0002* $6,260 $38,2478 $12,0002 Conditional Use Permit w/ Public Hearing $10,0002* $5,525 $4,913 $8,0002 Variance w/ Public Hearing $9,0002* $1,075 $3,098 $8,0002 Environmental Initial Study $10,0002* $5,355 +$263/ report $1,042 $1,244 EIR Processing $20,0002* $10,0002 $21,9828 ---- Engineering and Subdivision Tentative Tract Map $10,0002* $6,355 + $74/lot $9,02811 $10,0002 Final Tract Map $7,5002 $7,3255 $8,193 + $5/ac $3,986.64 + $624.00/page for every page over 3 Grading Plan Check $20,0002 $1,00010 $464- $10,46912 $5,335.8414 Grading Permit $20,0003 ---- $464- $19,53212 $5,335.8414 Improvement Plan Check $20,0004 $1,0006 $1,483- $14,973 + $5,220.3715 2022/09/13 City Council Post Agenda Page 294 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-29 Table B-6 DEVELOPMENT FEES1 Type of Fee Chula Vista El Cajon Carlsbad San Diego, City % of value of improvem ent13 Improvement Inspection $20,0002 $3.5% of est. cost7 $375- $17,701 + $105- $250 per each $10,000 of improvem ent $1,500 - $6,000 depending on construction cost estimate2 Other Fees9 ---- ---- ---- ---- School Fees9 Chula Vista Elementary School District $1.67/sf or $3,340 for 2,000 sf home* Sweetwater Union High School District $3.60/sf or $7,200 for 2,000 sf home Notes: 1 Based on 50 lots on 10 acres, 100,000cy-grading quantity, $1,500,000 total improvement costs. 2 Deposit based fee. Additional fees may be charged if project costs exceed the initial deposit. 3 Full cost recovery. $14,000 grading inspection 4 included with final map deposit 5 $7,325 + $2000 each additional lot > 5 6 minimum $1,000 or 6.5% of 1st $50K, 4% of value between $50K and $1000K, 1.5% of value between $100K and $250K and 1% of value over $250K 7 of construction with a minimum of $500 8 Base fee + fully burdened hourly after specific thresholds 9 Other fees vary considerably by jurisdiction and are not included in this analysis 10 minimum $1000 or 5% of first $50,000 of estimated site improvement costs + 3% of costs between $50,000 and $100,000, 2% of costs between $100,000 and $250,000 and 1% of costs greater than $250,000 11 - 5 - 49 units/lots - base fee + $110/unit or lot over 5, whichever is greater; Tentative Tract Map - 50 + units/lots - base fee + $15/unit or lot over 49, whichever is greater 12 depending on amount of earth moved 13 between .75% and 5% depending on the estimated cost of improvements 14 for up to 5 sheets, + $407.36 per sheet between 6-10, +$278.91 per sheet between 11-20 and +$263.36 per sheet over 20 15 for up to 5 sheets, +$752.43 per sheet between 6-10, + $356.75 per sheet between 11-20 and +$351.57over 20 Sources: Cities of El Cajon, Carlsbad and San Diego Building Industry Association of San Diego County, 2020 Fee Survey. * City of Chula Vista 2017 Master Fee Schedule 2022/09/13 City Council Post Agenda Page 295 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-30 City of Chula Vista General Plan An evaluation of fees indicated that the City of Chula Vista charges development fees comparable to the surrounding jurisdictions. Many of Chula Vista’s development fees require an initial deposit. Any additional fees over the deposit may then be charged to the applicant. Any fees remaining are returned to the applicant. Table B-7 below summarizes the fee estimates for a typical single-family unit and a typical small multi-family development, in both the western and eastern areas of the City. Table B-7 Fee Estimate for Single- and Multi-Family Housing (2020) Fee Single Family (Detached Unit- West) Single Family (Detached Unit- East) Multi-Family (11-Unit Condos with Garages - West) Multi-Family (11-Unit Condos with Garages - East) Habitable Area 1,690 sq. ft. 3,500 sq. ft 16,666 sq. ft. 16,666 sq. ft. Total Valuation $230,135.00 $478,635.00 $2,353,943.26 $2,353,943.26 Building Plan Check Fees $2,364.92 $2,890.56 $8,757.32 $8,757.32 Building Permit Fees $3,577.60 $4,237.91 $10,436.06 $10,436.06 Electrical Permit Fees Plumbing Permit Fees Mechanical Permit Fees SMIP( Strong Motion Instrumentation Program) Fee $29.92 $62.22 $306.01 $306.01 CBSC SB 143 Admin Fee $10.00 $20.00 $95.00 $95.00 CBSC SB 143 Admin Fund Sewer Capacity Charge & Admin $3,937.00 $3,937.00 $33,866.48 $33,866.48 Traffic Signal Fee $405.60 $405.60 $3,569.28 $3,569.28 Residential Construction Tax Planning Acct Engineering Acct Fire Prevention Acct DIF Transportation $4,474.70 $14,705.10 $39,377.36 $129,404.88 DIF Public Facilities $11,175.00 $11,175.00 $116,259.00 $116,259.00 2022/09/13 City Council Post Agenda Page 296 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-31 Table B-7 Fee Estimate for Single- and Multi-Family Housing (2020) Fee Single Family (Detached Unit- West) Single Family (Detached Unit- East) Multi-Family (11-Unit Condos with Garages - West) Multi-Family (11-Unit Condos with Garages - East) DIF Sewer1 - $1,500.00 $- $12,375.00 Total City Fees $25,974.74 $38,933.39 $212,666.51 $315,069.03 School Impact Fees Total City & School District Fees $25,974.74 $38,933.39 $212,666.51 $315,069.03 Per Unit Fee 12,704.69 46,558.92 30,111.99 30,111.99 % of Fees/Value 6% 10% 14% 14% Note: Sewer for East locations are assumed to be in the Salt Creek Sewer DIF Boundary Source: City of Chula Vista Overall, planning and development impact fees in the City represent 6-14 percent of the overall value. The City has waived and deferred impact fees for affordable housing projects and will review the appropriateness of reducing, waiving, and/or deferring impact and/or processing fees for units affordable to very low- and low-income households. These include senior housing, apartment units, and housing for special needs groups, including agricultural employees, emergency /transitional housing, and housing for persons with disabilities. 2022/09/13 City Council Post Agenda Page 297 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-32 City of Chula Vista General Plan 2.7 Local Processing and Permit Procedures Considerable holding costs are associated with delays in p rocessing development applications and plans. The City of Chula Vista’s development process is designed to accommodate applicants. In 2009, the Development Services Department launched a comprehensive review of the City’s development review process to determine improvements that could streamline processes, make them more predictable by increasinged transparency, improvinge public access and reducinge processing costs. The Department worked with an Oversight Committee comprised of developers, business owners, community organizations, engineers, architects, contractors, and citizens to develop process improvement recommendations. In 2010, the City implemented the improvements, which include modifications to the administrative procedures for planning entitlements including changes to the development permit intake process , delegating permit decision levels, consolidating hearings for projects with multiple permits, streamlining the appeal process, modifying regulations to parking regulations, reducing review authority redundancies between the Planning Commission and the Chula Vista Redevelopment Corporation, and improving public participation. Additionally, amendments were made to various sections of the Chula Vista Municipal Code related to development review administration procedures, parking regulations, nonconforming uses/structures, administrative procedures for the subdivision of land , and a new comprehensive city-wide approach for public participation. The City has three levels of decision-making bodies that govern the review process in Chula Vista: the City Council, Planning Commission for major projects, and the Zoning Administrator for smaller, less complex projects that do not require a public hearing. All new or redesigned multi-family development is subject to the design review process, either as a public hearing by the Planning Commission, or through an administrative process with no public hearing by the Zoning Administrator. Before a project appears before the Planning Commission, or Zoning Administrator, the applicant has been apprised of all on- and off-site improvements and conditions, which will be listed in the resolution of approval. The Planning Commission, or Zoning Administrator base their objective decision on the documents available to them such as the Zoning Ordinance, Design Manual or Sectional Area Planning (SPA) Plans, and approved Specific Plans, where appropriate. The Planning 2022/09/13 City Council Post Agenda Page 298 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-33 Commission, or Zoning Administrator do not consider land use as part of their review. Therefore, findings are not required to allow multi-family projects in multi-family zones. Design Review permits for multi-family projects in Western Chula Vista per the Zoning Code are approved at the staff level (Zoning Administrator) for 10-units or less; and for 200-units or less in Eastern CV Specific Planned Communities. Major Design Reviews are approved by the Planning Commission. Findings by the Zoning Administrator or Planning Commission are based on project compliance with applicable development standards and required amenities which may be modified by discretionary action but not denied because of the proposed density. Table B-8 CITY OF CHULA VISTA PERMITTING PROCESSES Permit Type Permits Approving Authority Timeframe Ministerial (Building permits) Building permits for projects that meet building, zoning, and development regulations Building Official < 6 months Discretionary (Administrative) Conditional Use Permits (exempt from CEQA): determination of similar uses; no new building or substantial structural improvements; use of an existing building with no substantial remodeling; minor Variances; Site Plan & Architectural Approvals Large family daycare homes; and minor Certificate of Appropriateness; reasonable accommodations; parcel maps; and lot line adjustments; minor coastal development permits (public hearing required) Design Reviews: up to 10 residential units; <20,000sf of new construction or Zoning Administrator 3-6 months 2022/09/13 City Council Post Agenda Page 299 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-34 City of Chula Vista General Plan Table B-8 CITY OF CHULA VISTA PERMITTING PROCESSES Permit Type Permits Approving Authority Timeframe additions to commercial, industrial, or institutional project Discretionary (Public hearing)) Major conditional use permits, tentative maps, condominium conversion maps, rezonings, and land use plan and code amendments Planning Commission Up to 1 year As shown in Table B-8, processing times vary considerably depending on the complexity of the project. Other more complex projects, like subdivisions, rezoning applications, and other discretionary projects necessitate a higher level of review and thus have a longer processing timeline. Single-family homes and tenant improvements are reviewed by a ministerial process. Transparency in the Development Process To increase transparency and certainty in the development application process as required by law, the City has a variety of tools available for developers. The City’s Development Services Department website has links to the City’s zoning ordinance, zoning map, planning zoning service forms, guides, and fee schedules at https://www.chulavistaca.gov/departments/development-services.  Applying for a Permit: Guides at https://www.chulavistaca.gov/departments/development- services/apply-for-a-permit  Zoning Information at https://www.chulavistaca.gov/departments/development- services/zoning-information  Forms and Specifications at https://www.chulavistaca.gov/departments/development- services/forms-specifications  Fee Schedules at https://www.chulavistaca.gov/departments/development-services/how- much-will-your-permit-cost#Fee_Information 2022/09/13 City Council Post Agenda Page 300 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-35 2.8 Environmental and Infrastructure Constraints Due to Chula Vista’s natural resources, sensitive habitats and coastal location, there are areas within the City that may be exposed to a variety of environmental hazards and resources which constrain development. Additionally, with many lands east of I-805 vacant and undeveloped and proposed increased densities in the older western Chula Vista, providing adequate levels of service for the infrastructure needs of the community can pose a challenge. 2.8.1 Environmental Constraints The City of Chula Vista has identified areas where land development should be carefully controlled. The following hazards may impact future development of residential units in Chula Vista. Seismic Hazards: No known Alquist-Priolo Earthquake Fault Zones, or active faults traverse Chula Vista. Traces of the potentially active La Nacion fault zone cross the City in a generally north -south direction through the central portion of the Chula Vista. The nearest active fault is located 14 miles northwest of the City. Seismic activity within the region can cause strong ground motion, seismically induced liquefaction, ground surface rupture, landslides, and seismically induced settlement. Flooding: The floodplains of the Sweetwater and Otay Rivers and several of their tributaries have the potential to flood during a 100-year storm. Portions of the City are also subject to flood inundation in the event of failure of the Sweetwater, Upper Otay, or Savage (Lower Otay) dams. The potential for significant wave damage (i.e., tsunamis) is considered low due to the City’s relatively protected part of the San Diego Bay. Fire Hazards: A large portion of the City of Chula Vista is located within a High and Very High hazard area for wildfires. Implementing appropriate techniques, consistent with the Chula Vista MSCP Subarea Plan and the City’s UWIC can reduce such hazards. Hazardous Materials and Waste: Hazardous materials are used, transported, produced, and stored for a variety of purposes in Chula Vista. Federal, state, and county agencies closely regulate hazardous materials to protect health and the environment. In addition, the City uses zoning regulations, environmental review of proposed projects in accordance with the California Environmental Quality Act, and the issuance of business licenses to regulate facilities that use, store, and handle hazardous materials and waste. 2022/09/13 City Council Post Agenda Page 301 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-36 City of Chula Vista General Plan Contaminated sites are also identified as an environmental hazard. The majo rity of the known and potentially contaminated sites in Chula Vista are located in older industrial and commercial areas west of Interstate 805 and along Main Street east of Interstate 805. Noise: Residential land uses are considered the most sensitive to loud noise. In Chula Vista the most prevalent source of noise is from the transportation system, including the freeways, the San Diego Trolley, and freight service. Environmental constraints have been reviewed as part of the Multiple Species Conservation Program (MSCP). The development sites within master planned communities in eastern Chula Vista have been determined by the MSCP as developable. Those areas with environmental constraints have b een designated as Open Space-Preserve. Development in Western Chula Vista, specifically within the Urban Core Specific Plan has been evaluated for potential environmental constraints. Through the Urban Core Specific Plan’s Environmental Impact Report, all potential environmentally sensitive sites have been identified, mapped and the specific actions to mitigate these sites are a component to the Environmental Impact Report’s Mitigation Program. No site may be developed without prior clearance from local, state, and/or federal agencies and specific mitigations completed. These constraints were a factor in evaluating future development potential of infill and vacant sites, as discussed in Appendix C of this document. Western Chula Vista sites are all located in existing historic urban areas with no new or additional seismic, flood, or fire hazard sites. In addition, if a site had any prior industrial use they will be analyzed for hazardous materials and waste will be removed if necessary. In Eastern Chula Vista typically “greenfield” sites in Planned Communities have some development areas adjacent to fire hazards that are covered by their Specific Plan Fire Protection Plans; however, none of the planned multi-family sites will be located adjacent to these fire hazard zones. 2.8.2 Infrastructure Constraints Chula Vista strives to maintain existing infrastructure and meet future demands. Challenges posed by new development include extending service to unserved areas, keeping pace with construction, and adjusting for changes in designated density. Challenges posed by density increases in older parts of the City. These challenges include repairing existing deficiencies and maintaining and possible upsizing older infrastructure. 2022/09/13 City Council Post Agenda Page 302 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-37 Water: The majority of the region’s water supply must be imported in order to meet demands. Chula Vista has historically received the majority of its water supply from the San Diego Water Authority (CWA). The CWA generally imports from 75 to 95 percent of its water from the Metropolitan Water District (MWD) of Southern California. Imported water comes from the Colorado River and the State Water Project. Chula Vista’s primary water agencies are the Otay Water District and the Sweetwater Authority. A third water agency, the California American Water Company, also provides water to a small portion of Chula Vista. The Sweetwater Authority provides water service to the western Chula Vista area. Future demand for capital improvements is addressed by the Sweetwater Authority and paid through its development impact fee structure. Based upon this analysis, future water demands can be met through existing and planned water facilities to accommodate the City’s regional housing need of 12,861 units. Senate Bill 1087 (enacted in 2006) requires that water providers develop written policies that grant priority to proposed development that includes housing affordable to lower income households. The legislation also prohibits water providers from denying or conditioning the approval of development that includes housing affordable to lower-income households, unless specific written findings are made. The City will provide a copy of the adopted Housing Element to the Otay Water District and Sweetwater Authority within 30 days of adoption. The City will also continue to coordinate with the District to ensure affordable housing developments receive priority water service provision. Sewer: The City maintains and operates sewer facilities that feed into a larger regional City of San Diego Metropolitan Sewage System for treatment and disposal. Chula Vista currently operates and maintains approximately 400 miles of sewer pipelines. In addition, the City must also address system upgrades and expansion to accommodate new sewer connections, especially in the Eastern Chula Vista. The City has purchased 19.8 million gallons per day of capacity rights from the Metropolitan Sewage System. This capacity is sufficient to accommodate existing housing and the City’s share of the regional housing need for 12,861 housing units. To evaluate future demand beyond the Housing Element’s planning period, the City is currently working on acquiring additional treatment capacity to meet future demands based on 2030 estimates. Drainage: Chula Vista is part of the San Diego watershed area. The City maintains a system of storm water pipelines, box culverts, lined and natural channels, and water detention facilities. Current facilities have adequate capacity for projected short and mid-term development, although drainage infrastructure may need to be constructed or modified to meet the San Diego watershed area’s National Pollutant Discharge Elimination System (NPDES) permit requirements. Long-term build-out includes major development in the eastern portion of the City that will add significant amounts of storm water to the existing system. 2022/09/13 City Council Post Agenda Page 303 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-38 City of Chula Vista General Plan 2022/09/13 City Council Post Agenda Page 304 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-39 NON-GOVERNMENT CONSTRAINTS A number of private sector factors contribute to the cost of housing. The primary market constraints to the development of new housing are the costs of constructing and purchasing new housing. The following is a discussion of the primary factors that impact affordable housing development. 3.1 Economy Market forces on the economy and the trickle -down effects on the construction industry can act as a barrier to housing construction and especially to affordable housing construction. California’s housing market peaked in the summer of 2005 when a dramatic increase in the State’s housing supply was coupled with low interest rates. The period between 2006 and 2009, however, reflected a time of significant change as the lending market collapsed. Double-digit decreases in median sale prices were recorded throughout the State. These lower-than-normal home prices allowed for a large increase in the number of homes sold initially until the availability of credit became increasingly limited. After the post-peak trough of 2011, building activity and sales for residential structures have been steadily increasing. Housing values in Chula Vista were the lowest in midyear 2011. The number of homes in California that were bought and sold in the first half of 2013 was the highest since 2005. While housing affordability hovered near historic highs post-recession, housing has become increasingly unaffordable, with demand far outpacing supply and construction lagging far behind need. While the economic impact of the 2020 COVID-19 pandemic is wide range, specific economic sectors are more heavily impacted than others. Currently, the impact on the real estate market is unknown. Based on data gathered during the pandemic, it is estimated that housing price growth will continue in the City and the region for the foreseeable future. September 2020 data from Zillow indicates the median cost of a home in Chula Vista is $564,961, an increase of 11.4 percent from 2018 to 2020 ($500,000 to $564,961). The current median list price per square foot in Chula Vista is $335, which is lower than the San Diego-Carlsbad Metro average of $390. There is a Countywide shortage of housing supply due to both governmental and nongovernmental factors. Production Countywide has fallen in recent years from 10,000 units per year to 7,000 units per year. SANDAG currently estimates 3.0 2022/09/13 City Council Post Agenda Page 305 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-40 City of Chula Vista General Plan that 21,000 units per year must be constructed to meet the demand for housi ng. The purpose of this Housing Element is to assist in increasing housing supply. Timing and Density: The timing between project approval and request for building permits is also another non - governmental constraint. This may be due to the developers’ inability to secure financing for construction. The average time between project approval and request for building permits can extend to 12 months and beyond. The City has a process to accept plans for construction permits prior to entitlement approval, which can reduce the time from entitlement to permit issuance by several months. Table B-9 provides a summary of Issued Building Permits for Residential Units from 2013 to 2019: Table B-9 ISSUED BUILDING PERMITS FOR RESIDENTIAL UNITS Year Single Family Multi-Family Total Res. Units 2013 225 387 612 2014 107 755 862 2015 57 420 477 2016 71 950 1,021 2017 563 510 1,073 2018 564 1,213 1,777 2019 283 557 840 Source: City of Chula Vista 3.2 Vacant and Underutilized Land West of the I-805 freeway are the older, long established Chula Vista communities; other than infill development, the City does not expect substantial changes in these communities. East of the I -805 are the planned communities of Eastlake, Rolling Hills Ranch, and Otay Ranch. Eastlake and Rolling Hills Ranch are largely built out, but Otay Ranch continues to build with approximately 15,000 units already entitled. Villages Two, Three, Eight West, Freeway Commercial (housing) and the Eastern Urban Center (Millenia) are currently being developed, while Villages Four, Eight East, Nine and Ten have been entitled and only require issuance of grading and building permits to begin development. This will be an opportunity for the City and developers to plan for affordable and market -rate 2022/09/13 City Council Post Agenda Page 306 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-41 housing. A thorough analysis of vacant and underutilized land is conducted in Appendix C of this Housing Element. Developments in Mixed Use Districts Trends in commercial or office uses to convert to residential are seen already on Western Chula Vista sites, primarily sites covered by the Urban Core Specific Plan, which allows increased unit density via increased Floor Area Ratio (FAR) incentives. Many of these sites have resulted in a significant number of entitlements and there are now specific projects under construction where commercial uses have been razed and will be replaced by high density multi-family units including senior and affordable housing density bonuses. While its possible for projects to be 100 percent commercial in sites covered by the Urban Core Specific Plan, the City has never had one of these built.all the projects recently approved provide a high percentage of the project site as residential. Furthermore, with the declining trend of retail and potential impacts of COVID-19 on office use, the prospect of 100 percent commercial projects is not likely to increase in the future. In addition, the trend in recently approved Urban Core Specific Plan development is for residential capacity higher than General Plan residential land use ranges due to the use of FAR and affordable housing density bonuses. The sites inventory provides conservative estimates where significantly increased residential capacity can be provided on existing commercial development sites. 3.3 Housing Costs and Land Prices The cost of land directly influences the cost of housing. Land prices are determined by a number of factors, most important of which are land availability and permitted development density. As land becomes scarcer, the price of land increases. In terms of development, land prices have a positive correlation with the number of units permitted on each lot. In recent years, land prices have increased due to the success of the housing market in Southern California. Housing prices in the San Diego region experienced expansive growth in the early 2000’s. With the relatively low employment rate and job creation trends in the region at that time, demand for housing was high. Since much of the region has not been able to keep up with the rate of demand 2022/09/13 City Council Post Agenda Page 307 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-42 City of Chula Vista General Plan for housing, available supply has been limited. This limited supply has had a direct influence on the cost of housing. Housings prices have appreciated significantly between 2010 and 2020 and according to Zillow this trend is predicted to continue. Tables B-10 through B-12 provide a summary of housing price trends in Chula Vista. Table B-10 RESALE SINGLE-FAMILY HOME PRICE TRENDS CHULA VISTA 2010-2020 Location ZIP Code Median Price 2010 ($) Median Price 2020 ($) Percentage Change (%) Chula Vista (north) 91910 $325,000 $610,000 87% Chula Vista (south) 91911 $270,000 $569,000 110% East Lake-Otay Ranch 91913 $380,000 $623,000 64% Chula Vista (northeast) 91914 $500,000 $807,000 61% Chula Vista (southeast) 91915 $390,000 $699,000 79% Source: CoreLogic 2022/09/13 City Council Post Agenda Page 308 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-43 New State law requires all new residential development to install solar panel systems with the average cost of $10,000. These costs will be passed on to the home buyer, thereby making the affordable housing less affordable. According to the University of Cal ifornia Riverside Center for Economic Forecasting and Development, “higher land costs drive up the cost of other components.” (Source: City of San Diego Housing Element). The City should explore affordable residential development incentive programs for developers to consider when planning for residential development. Table B-11 RESALE CONDOMINIUM HOME PRICE TRENDS CHULA VISTA 2010-2020 Location ZIP Code Median Price 2010 ($) Median Price 2020 ($) Percentage Change (%) 04-05 Chula Vista (north) 91910 $165,000 $354,000 114% Chula Vista (south) 91911 $135,000 $365,000 170% East Lake-Otay Ranch 91913 $210,000 $440,000 109% Chula Vista (northeast) 91914 $217,000 $450,000 107% Chula Vista (southeast) 91915 $235,000 $500,000 112% Source: CoreLogic Table B-12 NEW SINGLE-FAMILY/CONDOMINIUM HOME PRICE TRENDS CHULA VISTA 2010-2020 Location ZIP Code Median Price 2010 ($) Median Price 2020 ($) Percentage Change (%) 04-05 Chula Vista (north) 91910 $305,000 N/A N/A Chula Vista (south) 91911 $257,000 $600,000 / $500,000 133% / 94% East Lake-Otay Ranch 91913 $360,000 $640,000 / $485,000 77% / 34% Chula Vista (northeast) 91914 $598,000 N/A N/A Chula Vista (southeast) 91915 $350,000 $610,000 / $460,000 74% / 31% Note: price trends do not indicate product type, which may influence the cost of housing units. Source: DataQuick Information Systems/Union Tribune Source: Redfin 2022/09/13 City Council Post Agenda Page 309 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-44 City of Chula Vista General Plan 3.4 Construction and Land Costs Construction costs are primarily determined by the cost of materials and labor but are also influenced by market demands and market-based changes in the cost of materials. Materials costs have increased faster than inflation in recent years. In the past three years (2017-2020), the cost of raw materials (i.e., concrete, lumber, and steel) increased by 20 percent. This has been a particular problem for higher-density residential development, which can require more costly building materials, such as concrete and steel, per the construction type standards in the California Building Code. Availability of skilled labor has become a challenge to the development of housing in Chula Vista and the San Diego County region. Labor costs have risen, especially in expensive, unionized metro areas in California, since the Great Recession in 2008. During the recession and the recovery period that followed, there was a lower demand for new housing construction. Many in the construction labor force exited the industry during the time of the recession. This continues to impact the availability of workers today. San Diego County builders have reported construction labor shortages as a barrier to home construction. The International Code Council (ICC) provides estimates for the average cost of labor and materials for typical Type VA wood-frame housing. Estimates are based on “good-quality” construction, providing for materials and fixtures well above the minimum required by state and local building codes. In August 2019, the ICC estimated that the average per square-foot cost for good-quality housing in the San Diego region was approximately $117 for multi-family housing and $129 for single- family homes, exclusive of land acquisition costs. With market demand and competitiveness of new housing developments, the inclusion of amenities, such as gyms, pools, and community rooms, can also increase the costs of construction and ultimately the costs passed onto customers (i.e., in rents or home prices). Increasing labor costs—due to the shortage of qualified workers—and increasing materials costs are leading developers to build projects below permitted densities because b uilding larger or taller buildings cannot currently offset the costs to construct such projects. Although construction costs of labor and materials are a significant portion of the overall development cost (about 30% of total costs in San Diego County), they are consistent throughout the region. Land costs in the region are high and they fluctuate between coastal and inland costs per square foot, due to scarcity, the desirability of the region, and topographical constraints. High land prices are a leading contributor to high housing prices, which make it difficult for developers to build housing for the lower- and middle-income households. Land values vary by community because of 2022/09/13 City Council Post Agenda Page 310 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-45 how much money a developer and its lender believe a project can recoup in r ent prices. If a project cannot sustain a minimum return on investment, the low land values will not make up the cost of building a project in a low demand neighborhood. Land in high -demand neighborhoods goes for a higher price, but with the ability to charge a higher rent the construction costs are acceptable. This value-cost ratio cannot address middle- and low-income housing, since high land values, high construction costs, and therefore high rents only provide for housing construction that meets the needs of above-moderate households. High land costs have a demonstrable effect on the cost of housing, as the price of housing is directly related to the costs of acquiring land. 3.5 Financing The availability of financing affects a person’s ability to purchase or improve a home. Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications by the income, gender, and race of the applicants. This applies to all loan applications for home purchases, improvements and refinancing, whether financed at market rate or with government assistance. The data for Chula Vista was compiled by census tract and aggregated to the area that generally approximates the City’s boundaries. Table B-123 summarizes the disposition of loan applications submitted to financial institutions in 2017 for home purchase or refinance of loans in Chula Vista. With lower housing prices and low interest rates, homeownership is still attainable for some. As shown in Table B-123, Chula Vista home loan approval percentage (61.6 percent) was on par with the County (63.9 percent). Table B-12 DISPOSITION OF HOME LOANS CHULA VISTA Loan Type No. of Applications Chula Vista Approved Denied Withdrawn/ Incomplete Chula Vista County Chula Vista Chula Vista Mortgages – FHA, VA 2,320 78.1% 77.1% 7.1% 14.9% Mortgages – Conventional 2,590 70.2% 72% 10.2% 19.6% Refinancing 8,693 55.3% 58% 18.9% 25.8% Home Improvement 1,121 56.7% 59.7% 26.8% 16.5% 2022/09/13 City Council Post Agenda Page 311 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-46 City of Chula Vista General Plan Table B-12 DISPOSITION OF HOME LOANS CHULA VISTA Loan Type No. of Applications Chula Vista Approved Denied Withdrawn/ Incomplete Chula Vista County Chula Vista Chula Vista TOTAL APPLICATIONS 14,724 61.6% 63.9% 16.1% 22.3% Source: Source: www.lendingpatterns.com, 2020 (2017) Note: “Other”: Withdrawn/Incomplete Table B-13 DISPOSITION OF HOME LOANS CHULA VISTA Loan Type No. of Applications Chula Vista Approved Denied Withdrawn/ Incomplete Chula Vista County Chula Vista Chula Vista Mortgages – FHA, VA 2,320 78.1% 77.1% 7.1% 14.9% Mortgages – Conventional 2,590 70.2% 72% 10.2% 19.6% Refinancing 8,693 55.3% 58% 18.9% 25.8% Home Improvement 1,121 56.7% 59.7% 26.8% 16.5% TOTAL APPLICATIONS 14,724 61.6% 63.9% 16.1% 22.3% Source: www.lendingpatterns.com, 2020 (2017) Note: “Other”: Withdrawn/Incomplete 2022/09/13 City Council Post Agenda Page 312 of 809 HOUSING ELEMENT 2021-2029 APPENDIX B Page AB-47 3.6 Local Efforts to Remove Nongovernmental Constraints Nongovernmental constraints are defined as constraints on housing development that are not under the control of the City or another governmental agency. Nongovernmental constraints are generally market-driven and outside the control of local government. The City has taken into consideration the market constraints in the development of the sites inventory. The City selected sites with characteristics similar to those that have been developed recently. In addition to the increased residential densities that are allowed by the Urban Core Specific Plan through the higher yields allowed by building FAR’s as noted above, the City offers density bonuses, incentives and concessions to developers who provide affordable housing as part of their projects. Density bonuses together with the incentives and/or concessions result in a lower than average cost of land per dwelling unit thereby making the provision of affordable housing more feasible. In a mid 2000s effort to improve the City’s development entitlement process, the City met with developers and entities doing business in the City. Stakeholders cited two major components that directly relate to the feasibility of development. Those are time and uncertainty. The faster a project applicant can process a project, the lower the holding costs. Therefore, reducing the approval timeline can be a significant contributor to accessing capital and reducing investor risk. Secondly, reducing the uncertainty of the development approval process can influence access to capital and the risk profile for investors. As discussed above, local actions to reduce the timeline for project approval and to increase the level of certainty in entitlement decisions have been identified as methods to influence nongovernmental behavior and contribute to hou sing development. Many of these were completed in the 2010 effort, but the City continues to meet with its development stakeholders to discuss its entitlement processes and to identify barriers and solutions to improve its processes. Through its public engagement programs and efforts, staff works towards building public support and understanding for housing, particularly for lower income households. 2022/09/13 City Council Post Agenda Page 313 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-1 OVERVIEW: HOUSING RESOURCES This section evaluates the potential opportunities for various types of residential development for all income levels and energy and water conservation within such developments. The analysis primarily looks at development that could occur based upon the C hula Vista General Plan and Zoning Ordinance. More specifically, this section discusses the following:  An inventory of available vacant and underutilized land for residential development to accommodate the City’s Regional Share Goals;  Financial resources available to assist in providing housing opportunities; and,  Opportunities for energy and water conservation. 1.0 Opportunities for development in the City include vacant and underutilized residential sites. 2022/09/13 City Council Post Agenda Page 314 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-2 This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 315 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-3 LAND AVAILABILTY State Housing Element Law mandates that a jurisdiction must show that it has adequate sites that will be made available through appropriate zoning and development standards and with the required public services and facilities for a variety of housing types and incomes. This evaluation of adequate sites represents a planning goal and not a goal for the actual production of housing within the five-year period. The City must demonstrate that it has the capacity, or adequate sites, to accommodate the projected need for housing. The projected need for housing used for this evaluation is defined as the City’s share of the region’s housing needs for 2021-2029. 2.1 Regional Housing Needs Assessment 2021 -2029 State Housing Element Law requires that each jurisdiction, in preparing its Housing Element, develop local housing programs designed to meet its share of existing and future regional housing needs for all income groups. This requirement ensures that each jurisdiction accepts responsibility for the housing needs of its current and anticipated future residents, particularly lower-income households, and plans for a variety of housing choices. In March 2018 the State Housing and Community Development (HCD) Department prepared a draft Regional Housing Needs Assessment (RHNA) for the San Diego Region using population forecast from Department of Finance (DOF), projected number of new households formed, vacancy rate in existing housing stock, and percentage of renter households that are overcrowded, and housing replacement needs. HCD in consultation with SANDAG calculated the housing need for the region and determined that for the period beginning April 15, 2021 to April 15, 2029 (an 8-year period) Chula Vista’s share of the region’s housing needs is a total of 11,105 new housing units. Of the 11,105 housing units, 2,750 units are to be set -aside for very-low income households (25 percent), 1,777 units for low income households (16% percent), 1,911 moderate income households (17% percent), and 4,667 above moderate-income households (42 percent). 2.0 2022/09/13 City Council Post Agenda Page 316 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-4 Source: Regional Housing Needs Assessment, SANDAG 2020 As required by State Housing Law, the City must plan for its share of the region’s new housing needs in all income categories by identifying an adequate supply of land zoned at the appropriate density levels to accommodate each income category. The RHNA goals do not represent a requirement for actual housing production, but rather seek to ensure the City has, or plans to add, zoning capacity to accommodate new housing growth. To address the City’s needs for very low-and low-income housing, Chula Vista must demonstrate that it has an adequate supply of land for higher density housing (30 or more dwelling units per acre). Although zoning land for higher density development does not guarantee the construction of housing that is affordable to low- and moderate-income families, without such higher density zoning, the opportunity to use subsidies and implement affordable housing programs for such families is diminished. Very Low 25% Low 16% Moderate 17% Above Moderate 42% FIGURE C-I CHULA VISTA'S RHNA GOALS BY INCOME CATEGORY 2021-2029 2022/09/13 City Council Post Agenda Page 317 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-5 2.2 Capacity to Meet Regional Share Goals Due to the diverse nature of eastern and western Chula Vista, the analysis of available sites for housing has been customized to each area. Most of the vacant land is in eastern Chula Vista, within Master Planned communities and will be developed under the approved Sectional Planning Area (SPA) Plans. These Master Planned communities have the capacity to accommodate 8,802910 dwelling units as shown in Table C-43. The City of Chula Vista General Plan Land Use and Transportation Element identifies six residential land use designations. The availability of land suited to accommodate the various income levels is based upon the allowed density. Table C-1 GENERAL PLAN RESIDENTIAL LAND USE DESIGNATIONS Income Level Land Use Designations Density Very Low & Low Urban Core Residential 27.1 to 60 units per acre Moderate & Above Moderate High Residential 18.1 to 27 units per acre Medium High Residential 11.1 to 18 units per acre Medium Residential 6.1 to 11 units per acre Low-Medium Residential 3.1 to 6 units per acre Low Residential 0 to 3 units per acre Opportunities outside of Master Planned Communities are primarily in western Chula Vista which encompasses the older, mostly developed portion of the City. While there is significant capacity throughout western Chula Vista, infill capacity is focused on areas of change within the Urban Core Specific Plan, Bayfront and Southwest. Chula Vista has significant development capacity of residential land to meet the projected regional housing needs of the various income categories over the 2021 -2029 planning period. Consistent with HCD’s guidelines, appropriate densities based on RHNA affordability levels area as follows:  Very Low and low-income: Minimum of 30 dwelling units/acre 2022/09/13 City Council Post Agenda Page 318 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-6  Moderate and Above moderate-income: 0 to 30 dwelling units/acre Table C-2 provides a summary of development capacity, based on affordability levels. Table C-2 ADJUSTED RHNA HOUSING NEED VS. DEVELOPMENT CAPACITY1 Affordability Level Adjusted RHNA Units Density Range Estimated Development Capacity Very Low and Low 4,527 30+ dwelling units/acre 4,829527 units Moderate and above 6,578 Up to 30 dwelling units/acre 8,2537,301 units Total 11,105 13,0821,828 units Notes: 1 Development capacity includes all estimated units in listed Planning Areas for densities exceeding 30 dwelling units/acre. Source: City of Chula Vista, 2020 2.2.1 Realistic Capacity As identified in Appendix H, properties in Western Chula Vista that are, or will be, available for development or redevelopment are primarily within the Urban Core Specific Plan (V -1, V-2, V-3, V-4, UC-1, UC-2, UC-3, UC-4, UC-5, UC-6, UC-7, UC-8, UC-10, UC-12, UC-13, UC-14, UC-15, UC-16, UC-18, UC-19,C-1, C-2 and C-3 Zones) which permits maximum Floor Area Ratios (FARs) between 1.0 and 6.0. Given a typical unit size assumption of 1,350 square feet, this equates to between 32.3 to 193.6 units per acre. A sample of recent development and approved projects identified in Table C-3 shows that non-senior housing projects , without a density bonus, in western Chula Vista are exceeding the developing within the middle reaches of these maximum permitted densities, at an approximate average of 10654% of the permitted density. 2022/09/13 City Council Post Agenda Page 319 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-7 Table C-3 Recent Development and Approvals in Western Chula Vista Address Zone Parcel Size No. of Units Units Permitted by Zone Project Density Max Permitted Density Max FAR % of Max Density 201 Third Ave V-3 0.23 23 33 100.0 145.2 4.5 70 9999 E Street* V-3 0.57 52 83 91.2 145.2 4.5 63 240 Landis V-3 0.54 33 78 61.1 145.2 4.5 42 986 Broadway** CCP 2.48 83 80 33.5 32.380 1.0 104 288 Center Street V-1 0.57 43 36 75.4 64.518.4 2.0 119 316 K Street** C-1 1.10 46 35 41.8 32.35.5 1.0 131 260-270 Broadway UC-13 1.45 62 140 42.7 96.8 3.0 44 230 Church Street** V-1 0.26 31 16 119.2 64.5 2.0 194 252 Church Avenue** V-1 0.28 31 18 110.7 64.5 2.0 172 795 Third Ave* C-1 1.05 142 34 135.2 32.3 1.0 418 9999 Bonita Glen Drive** CCP 5.3 140 171 26.4 32.3 1.0 82 *Senior Projects ** Density Bonus Projects As shown in Appendix H, based on typical development of similar parcels in western Chula Vista the estimated potential units for each parcel has been dramatically reduced, by 50 to 75%, to create a healthy buffer and conservative capacity estimate. These projects represent typical redevelopment in the City of Chula Vista and include the replacement of commercial and residential structures with development that significantly increases the number of units on the Formatted Table Formatted: Font: 12 pt Formatted: List Paragraph 2022/09/13 City Council Post Agenda Page 320 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-8 project site. Commercial structures within the City are typically one -story and well over 30 years old. Replacing older commercial structures has resulted in projects with densities between 33.5 and 145.2 units per acre. Typical residential redevelopment replaces residential units that are well over 30 years old with new residential units at a minimum ratio of 1:2, and as high as 1:20. In Eastern Chula Vista, most properties have been entitled and have specific unit counts permitted within each neighborhood within the applicable Sectional Planning Area (SPA) Plan. In addition, development of most properties is protected under Development Agreements that ensure the property owners right to develop at certain densities. In order to create a healthy buffer in eastern Chula Vista, parcels that have been entitled for densities greater than 30 dwelling units per acre (du/ac) have been reduced t o 30 du/ac. 2.2.2 Nonvacant Site Analysis Over the past cycle, the City has seen increased interest in higher density residential projects and mixed-use development within both the eastern and western portions of the City. The City expects this trend to continue and has identified additional residential and mixed-use properties with potential for new development or redevelopment. The following criteria were used:  Parcel is currently vacant (which is much of the land identified in eastern Chula Vista); or  If the parcel is not vacant: o Estimated land value is greater than improvement value o Current structure on property was more than 30 years old o Redevelopment can at least double the number of units existing on site o Parcel has similar characteristics (such as parcel size, types of units and potential yield) as parcels where projects have been recently developed. As identified in Appendix H, a total of approximately 150330 parcels meet these criteria primarily in western Chula Vista, with a few vacant residential and mixed -use parcels. Parcels that cannot yield projects that are similar to recent redeveloped projects have been removed from this inventory. The approximately 150330 parcels can yield approximately 4,2802,918 units in western Chula Vista, assuming development at 25 to 50% of maximum densities . Most of the parcels identified are greater than 0.5 acres in size and are feasible to facilitate a mixture of low, moderate and above moderate housing. 2.2.3 Availability of Sites in Eastern Chula Vista 2022/09/13 City Council Post Agenda Page 321 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-9 Table C-4 lists the currently remaining residential development capacity on available vacant land sites within eastern Chula Vista master planned communities in accordance with the associated General Plan gross density classifications. As can be seen, 3,024031 units (34%) of the 8,801910 total units will be high density (above 30 dwelling units per acre). As discussed below, since these areas have been subject to varying levels of subsequent planning, these gross densities have been refined, and actual development on individual sites is occurring a t somewhat higher net density levels. Figure C-1 presents a key map showing the location of each of the master planned communities listed on Table C-4, and Figures C-1 through C-8 present the Site Utilization Plans from the associated SPA Plans that depict the specific residential development sites and their new densities. Table C-43 has been divided into the following two subsets to reflect the level of entitlements and status of implementation:  Approved Sectional Planning Area (SPA) Plan – The SPA Plan effectively serves as the tailored zoning document for a master planned project. It identifies specific development sites, land use types and densities, and associated property development standards. Typically, a subdivision map and/or design review are necessary prior to building permits. Projects with approved SPA Plans will typically commence construction within an 18 - month to 3-year window, and these projects will complete housing units within the timeframe of this Housing Element.  Developments Being Implemented – This includes projects that have achieved SPA and subdivision map approvals and are actively under construction. Building permit activity changes daily, and these projects will be fully completed within the timeframe of this Housing Element. Table C-4 MASTER PLANNED COMMUNITY RESIDENTIAL CONSTRUCTION REMAINING CAPACITY September 2020 Project Below 30 du/ac Above 30+ du/ac Totals APPROVED SPA PLANS OR Village 4 350 350 2022/09/13 City Council Post Agenda Page 322 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-10 Table C-4 MASTER PLANNED COMMUNITY RESIDENTIAL CONSTRUCTION REMAINING CAPACITY September 2020 OR Village 8 West 1,49250 1 591 2,08392 OR Village 8 East 944 1,665 2,609 DEVELOPMENTS BEING IMPLEMENTED OR Village 2 2,04710 1 2,04710 1 OR Village 3 360 360 OR EUC Millenia 5854 455 1,039 OR PA 12 FC-2 313 313 TOTALS: 5,77884 0 3,024 8,80264 Source: City of Chula Vista, Planning Department, 2020 2022/09/13 City Council Post Agenda Page 323 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-11 Figure C-1 – Otay Ranch GDP Villages 2022/09/13 City Council Post Agenda Page 324 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-12 Figure C-2 Village Two 2022/09/13 City Council Post Agenda Page 325 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-13 Figure C-3 - Village Three 2022/09/13 City Council Post Agenda Page 326 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-14 Figure C-4 - Village Four 2022/09/13 City Council Post Agenda Page 327 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-15 Figure C-5 - Village 8 West 2022/09/13 City Council Post Agenda Page 328 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-16 Figure C-6 - Village 8 East 2022/09/13 City Council Post Agenda Page 329 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-17 Figure C-7 - EUC Millenia 2022/09/13 City Council Post Agenda Page 330 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-18 Figure C-8 - PA 12 FC-2 2022/09/13 City Council Post Agenda Page 331 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-19 The eastern Chula Vista area provides for significant development potential for market rate units and a significant number of units above the 30 dwelling units per acre threshold, as indicated by the density standards indicated in Table C -4 Although a significant level of market rate units can be accommodated in the eastern area, the City of Chula Vista desires an equitable distribution of affordable housing t hroughout the City. To provide for this, the City initiated an inclusionary requirement for all development exceeding 50 dwelling units, Housing Element Policy H 5.1. The City requires all projects of 50 or more units to provide ten percent of the hous ing for low- and moderate-income household, with five percent affordable to low -income households. It is the master planned communities, as shown in Table C -3, which are primarily affected by this requirement. 2022/09/13 City Council Post Agenda Page 332 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-20 2.2.2 Availability of Sites Outside of Master Planned Communities Future intensification opportunities are primarily in the eastern portion of the City within the Master Planned Communities. Opportunities outside of Master Planned Communities are primarily in western Chula Vista which encompasses the older, mostly deve loped portion of the City. When looking at Western Chula Vista, the discussion is segmented into two parts: infill/ intensification of developed properties under current zoning, and the “focused areas of change” whose development capacities were increased in the 2005 General Plan Update. Infill/ Intensification Under Existing Zoning There are a number of properties within the western Chula Vista that are zoned today for higher residential densities but are under -built, with an additional development capacity of up to 4,2812,918 units. To determine the infill capacity of these units, each parcel was evaluated based on existing built units, compared to allowable zoning capacity per the Zoning Code. The net difference reflects the infill capacity potential based on existing land entitlements. A comprehensive summary of these potential infill/intensification units is provided in Appendix H. Focused Areas of Change The Land Use Element of the General Plan identifies the City’s desire to increase urban vitality and pursue infill/redevelopment for the western Chula Vista Area to enhance its emergence as a dynamic hub of south San Diego County. To this end, the City has made significant revisions to the General Plan Land Use Element to allow for residential and mixed use development in the City’s key corridor and activity centers, identified as “focused areas of change.” The Land Use Element distributes more intensive residential and mixed use development to these designated areas where higher density and higher intensity development will establish mixed use urban environments that are oriented to transit and pedestrian activity.  General Plan Update – One of the major General Plan Land Use Element changes was to add new land use classifications including Mixed-Use Residential and Urban Core Residential, whose allowable gross densities range from 28-60 dwelling units/acre in order to promote compact development and aid future affordability. 2022/09/13 City Council Post Agenda Page 333 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-21 Given the broad nature of General Plans, the identification and analysis of associated future residential and other development capacity was conducted at a “district” level. Figures C-9 and C-10 show the names and locations of each of those districts (within the Northwest and Southwest Planning Areas respectively), alo ng with the net additional residential capacities within each. Table C-4 identifies the densities associated with that capacity. Given that the street grid is already established in western Chula Vista, the capacities in Table C-7 were based largely on new land area, and multiplied by maximum densities of 28, 40 or 60 dwelling units per acre dependent upon the district. This approach also enabled better identification of cumulative potential public facility and service demands and environmental impacts. In the case of Mixed-Use areas, yields were calculated using only that portion of the area assumed for residential development. As General Plan level densities, these are assumed as an average across the district, and it is possible through subsequent zoning that individual projects on particular sites may exceed these.  Urban Core Specific Plan (UCSP)– Consistent with the vision and densities of the 2005 General Plan, the City has adopted the Urban Core Specific Plan (UCSP) that establishes the zoning, development standards, and design guidelines necessary for development to proceed within the Urban Core area. Figure C-11 shows the zoning districts affecting properties within the Urban Core. Table C-5 summarizes the more intensive zoning standards what will allow the General Plan densities to be realized. Palomar Gateway Specific Plan (PGSP) –Currently the City is sponsoring the development of the Palomar Gateway Specific Plan (PGSP) (Figure C-12 that includes a Mixed-Use Transit Focus Area (TFA) directly west of the Palomar Trolley Station, higher residential intensity, a neighborhood park and retail to the south of the TFA. The goal of the PGSP is to provide for additional housing and mixed-uses that take advantage of a major transit station within walking distance of residents. With regard to estimated housing production in western Chula Vista within this Element’s timeframe, a thorough land use analysis was conducted as part of the General Plan Update process to evaluate the development potential for these focus areas of change. The methodology utilized to conduct this analysis included a detailed site analysis of the properties within the City’s UCSP and PGSP. The UCSP and PGSP were ident ified as the areas within Chula Vista with the greatest potential for growth. The methodology 2022/09/13 City Council Post Agenda Page 334 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-22 evaluated infrastructure availability, current market interest in high -density residential development, recent development applications and the existence of olde r commercial developments that currently are inconsistent with market demands. Table C-5 WESTERN CHULA VISTA PLANNING AREAS DEVELOPMENT CAPACITIES1 District/Focus Area Density Range Potential Units2 Below 30 du/ac Above 30 du/ac UCSP and PGSP Areas 1,257 1,8742,087 906 1,049835 2,163 units 2,922 Units Transit Focus Areas 438874 489 656219 489 units 1,093 units Current Projects 165 101 266 units Totals 1,422 3,126 1,496 1,155 2,918 units 4,281 units Notes: 1 Planning Areas are defined in the City of Chula Vista General Plan, Chula Vista Vision 2020, adopted December 2005, UCSP 2007, and PGSP 2013. 2 Potential units represent development potential based upon land use designations and existing development with each Planning Area. Source: City of Chula Vista, 2005, 2007 & 2013 Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Centered Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 2022/09/13 City Council Post Agenda Page 335 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-23 Figure C-9 2022/09/13 City Council Post Agenda Page 336 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-24 Figure C-10 2022/09/13 City Council Post Agenda Page 337 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-25 Figure C-11 Urban Core Specific Plan 2022/09/13 City Council Post Agenda Page 338 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-26 Figure C-12 Palomar Gateway Specific Plan 2022/09/13 City Council Post Agenda Page 339 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-27 2.3 Availability of Public Services and Facilities At the core of the City of Chula Vista’s Growth Management Program, lie Threshold Standards imposed to assure adequate infrastructure and services are in place as development occurs, an d to control the rate of growth. Therefore, prior to the approval of future residential development, the provision of adequate infrastructure is a required finding. Chula Vista currently has adequate public services and facilities to serve all new res idential development that may occur throughout the City. Additionally, fees are collected for new and infill development to maintain Threshold Standards. 2022/09/13 City Council Post Agenda Page 340 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-28 2.4 Fair Housing & Adequate Sites Potential sites for lower income housing have been identified throughout the City based predominantly on existing Sectional Planning Areas and zoning. The General Plan’s strategy, which focuses growth in mixed-use activity centers that are pedestrian-friendly, centers of community, and linked to the regional transit system, master planned communities, and the Climate Action Plan (CAP) aimed at substantially reducing the City’s greenhouse gas emissions, have guided and continue to guide updates to the City’s planning documents. Fair housing opportunities and fair access to opportunity and resources are also important planning considerations, in order to support the well -being of the citizens of Chula Vista and the City as a whole. The City has mapped its adequate sites inventory in comparison to the following fair housing-related information:  Minority concentration areas (block groups with 50 percent or more minority population);  Poverty concentration areas (tracts with population of persons below the poverty level of 26.9 percent or more);  2019 2021 California Tax Credit Allocation Committee (CTCAC) high and highest resource areas; and,  Deed-restricted affordable housing sites The terms “minority concentration areas,” “poverty concentration areas,” and “racially and ethnically concentrated areas of poverty (R/ECAP)” are defined and discussed in detail in the San Diego County Regional Analysis of Impediments to Fair Housing Choice. In determining areas of R/ECAP, as defined, the highest rate of poverty for Chula Vista is 30.37%, which does not exceed a 40% poverty rate or three times the average poverty rate for the San Diego metro area (10.3%) at 30.9%. Therefore, there are no census tracts within Chula Vista that meet the criter ion for R/ECAPHUD defines a R/ECAP as a tract with a non-White population of 50 percent o r more with a poverty rate that exceeds 40 percent or is three times the average tract poverty rate for the metropolitan/micropolitan area. HUD has identified one R/ECAP in Chula Vista located in the northwestern corner of the City. The methodology used by CTCAC for its 2019 2021 Opportunity Mapping, which is the source for the high and highest resource areas data, can be found here: https://www.treasurer.ca.gov/ctcac/opportunity/2021-hcd- methodology.pdfhttps://www.treasurer.ca.gov/ctcac/opportunity/final-opportunity-mapping-methodology.pdf. 2022/09/13 City Council Post Agenda Page 341 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-29 Table C-6 summarizes the data shown on the maps found in this section , comparing the adequate sites for lower income to fair housing-related information. Table C-6 Adequate Sites & Fair Housing Considerations Total Units Minority Concentration Areas Poverty Concentration Areas R/ECAP Areas CTCAC High and Highest Resource Areas Low Income Adequate Sites 4,5274,8574, 955 1,4964,0894, 950 1,3201,7626 24 N/A406 3,031768 Percentage 100% 3384%100% 2936%13% N/A8% 67%16% Source: City of Chula Vista Development Services Formatted Table Formatted: Font: 11 pt 2022/09/13 City Council Post Agenda Page 342 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-30 Housing that has been deed restricted for occupancy and affordability of lower income households are located throughout the City. Affordable housing developments have been and will continue to be built within the eastern areas of the City as a result of the City’s Balanced Communities policy of the Housing Element, which seeks to incorporate a mix of housing for various economic groups within larger, new residential developments. The eastern area of the City is also identified as CTCAC High and Highest Resources Areas Figure C-13: Lower Income Adequate Sites and Affordable Housing: 2022/09/13 City Council Post Agenda Page 343 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-31 The City’s Inventory for Low Income and Fair Housing located in Minority Concentration Areas are thirty-three percent of the total units. These concentrations are mostly located in the western side of Chula Vista where the majority of low-income families reside within the city. Figure C-14: Minority Concentration Area and Lower Income Adequate Sites 2022/09/13 City Council Post Agenda Page 344 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-32 The City’s inventory of adequate sites for lower income housing and located in Poverty Concentration Areas is twenty-nine percent of the total inventory of units. These concentrations are located in the western area of Chula Vista where housing is older and consequently more affordable. Figure C-15: Poverty Concentration Areas and Lower Income Adequate Sites 2022/09/13 City Council Post Agenda Page 345 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-33 The City’s Inventory for Low Income and Fair Housing located in CTCAC High and Highest Resources Areas (East Chula Vista) are substantially high at sixty seven percent of the total units. These concentrations are due to resulting opportunities from the availability of vacant and large sized parcel. Figure C-16: CTCAC High and Highest Resource Areas 2022/09/13 City Council Post Agenda Page 346 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-34 FINANCIAL RESOURCES Providing for an adequate supply of decent and affordable housing requires layering of funding from various sources. The City of Chula Vista has access to a variety of existing and potential funding sources available for affordable housing activities. The following section describes the key local, state, County and federal resources currently used in Chula Vista to fund affordable housing programs as well as social and community development activities within the city. 3.1 Federal Resources Federal resources available to support development, rehabilitatio n, and subsidy of affordable housing in Chula Vista include: Community Development Block Grant (CDBG) Funds The CDBG program provides funds for community development activities. The program is flexible in that the funds can be used for a range of activities. The eligible activities include, but are not limited to, acquisition and/or disposition of real estate or property, public facilities and improvements, relocation, rehabilitation of housing, homeownership assistance, and clearance activities. The City of Chula Vista is an entitlement jurisdiction for CDBG funding. Annually, the City receives approximately $2,000,000; however, appropriations for many domestic programs, such as CDBG, are subject to change each year. Typically, the City expends CDBG funds for public services, landlord tenant assistance, fair housing services, residential rehabilitation, capital improvement projects, and administration. HOME Funds The HOME Investment Partnerships Act (HOME) program is a flexible grant program, which is awarded to the City on a formula basis for housing activities and takes into account local market conditions, inadequate housing, poverty, and housing production costs. Its purpose is to expand the supply of decent, safe, sanitary, and affordable housing for very-low and low-income families 3.0 2022/09/13 City Council Post Agenda Page 347 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-35 and households. Eligible activities include acquisition, construction, rec onstruction and/or rehabilitation of affordable rental or for -sale housing. Tenant based rental assistance, property acquisition, site improvements, and other expenses relation to the provision of affordable housing and/or special needs housing may also qualify under the HOME program. The City of Chula Vista is an entitlement jurisdiction for HOME funding. Annually, the City receives approximately $900,000; however, appropriations for many domestic programs, such as HOME, are subject to change each year. In the recent past, HOME funds have been used to fund the following services:  New construction of rental housing;  Down payment assistance; and,  Tenant based rental assistance. Emergency Solution Grants. This federally funded program is for use by states, metropolitan cities, and urban counties for the rehabilitation or conversion of buildings for use as emergency shelters and for homeless prevention activities. The City of Chula Vista is an entitlement jurisdiction for ESG funding and receives approximately $90,000 annually. Appropriations for many domestic programs, such as ESG, are subject to change each year. The City provides funding to South Bay Community Services and its operation and services of emergency housing. Section 8 Housing Choice Voucher The Section 8 Housing Choice Voucher program is a Federal government program to assist very low-income families, the elderly, and the disabled with rent subsidy payments in privately owned rental housing units. Section 8 participants are able to choose a ny housing that meets the requirements of the program and are not limited to units located within subsidized housing projects. They typically pay 30 to 40 percent of their income for rent and utilities. The County of San Diego administers Section 8 Housing Choice vouchers within the City of Chula Vista. 2022/09/13 City Council Post Agenda Page 348 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-36 3.2 State and Local Resources There are a variety of state and local resources that have been used for housing development and rehabilitation for homeowners and renters as well as community development programs. With the dissolution of redevelopment in February 2012 and shrinking of go vernmental funds, fewer resources will be available in the future to accomplish the Housing goals, policies and programs set forth in this Housing Element. Two of those resources are described in more detail below. Redevelopment Set-Aside Funds In accordance with AB X1 26, as of February 1, 2012, redevelopments agencies in California are dissolved and revenues were returned to the State of California through successor agencies. Previously, Redevelopment Agencies were required to direct a minimum of 20 per cent of all gross tax increment revenues generated within its Project Areas to a separate fund to be used exclusively for the preservation, improvement, and expansion of the low and moderate income housing supply within the community. Redevelopment Set-Aside funds represented the primary funding source for local jurisdictions to provide for affordable housing for low and moderate income households within their community. On an annual basis, approximately $3 million was deposited by Chula Vista’s Redevelopment Agency into the Low-Moderate Income Housing Fund for eligible housing activities. The Housing Authority, as a successor housing agency, receives repayment on any loans outstanding from the Low and Moderate Income Housing Set-Aside funds. Outstanding loan obligations total approximately $27 million. Loans provided for the development of the affordable housing developments will be repaid as stipulated within the associated loan agreements and are expected to be paid over the life of the loans, typically 55 years. Loan repayments will be used by the Housing Authority to enforce and monitor existing terms and conditions associated with the loan and to create new housing opportunities as funds allow. Permanent Local Housing Allocation (PHLA) Program In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing, with priority for those households at or below 60 percent of the AMI. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The 2022/09/13 City Council Post Agenda Page 349 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-37 PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. Under the PLHA, funding is provided through formula grants to entitlement jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) program over a five-year funding period, as well as through a competitive grant program to non-entitlement jurisdictions. The City of Chula Vista is an entitlement jurisdiction and is eligible to receive an estimated $5,000,000 or approximately $1 million annually, over the five - year funding period beginning in FY 2019/2020. It is important to note that this is only an estimate since annual PLHA amounts are subject to change. This is because funding for the PLHA is generated through a fee on real estate transactions, which may fluctuate from year to year. Affordable Housing Fund The City has an Affordable Housing Fund using revenues primarily generated from the City’s Balanced Communities Policy. The City’s Balanced Communities Policy provides the opportunity to a developer to pay a fee in lieu of providing affordable units on site, as last resort option when units cannot be newly constructed and/or acquired. The per -unit in-lieu fee is calculated on a case-by-case basis, depending on the market conditions at the City. The affordable housing funds collected are then applied and/or leveraged with additional funding sources to create affordable housing in other locations. As of June 30, 2020, the City has a balance of approximately $1.1 million in the Affordable Housing Fund. However, this fund is inadequate to provide the “gap financing” required to subsidize an affordable housing project. The lack of a local funding source is probably the biggest obstacle to construction of affordable housing in Chula Vista. Chula Vista Housing Authority The Chula Vista Housing Authority (CVHA) was formed in 1993 to provide a vehicle for the City to finance the creation and maintenance of affordable housing for lower income households. The CVHA serves as the conduit bond issuer of tax-exempt Multifamily Housing Revenue Bonds/Notes on behalf of private developers of qualifying affordable rental apartment projects. The advantages of tax-exempt financing to developers include below-market interest rates, longer loan terms, and access to Low-income Housing Tax Credits (Tax Credits) – features that are not available with typical conventional multifamily housing mortgage loans. Utilizing the CVHA’s tax-exempt borrowing status, the lower tax-exempt interest rate financing (and making Federal four percent Tax Credits available) is passed on to developers of affordable rental housing. The CVHA’s ability to issue tax-exempt bonds/notes is limited under the U.S. Internal Revenue Code. 2022/09/13 City Council Post Agenda Page 350 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-38 Nonprofit and For-Profit Housing Developers The City partners with a number of nonprofit and for-profit housing developers to provide permanent affordable housing in the community. These include: ▪ Chelsea Investment Corporation ▪ Wakeland Housing and Development Corporation ▪ Meta Housing ▪ South Bay Community Services (SBCS); and ▪ MAAC Project. California Department of Housing and Community Development (HCD) Grants and loans are available from HCD to create rental and homeownership opportunities for Californians from all walks of life, including veterans, seniors, young families starting out, people with disabilities, farmworkers, and individuals and families who are experiencing homelessness. For a listing of active programs offered through HCD, visit their website at: https://www.hcd.ca.gov/grants-funding/active-funding/index.shtml. 2022/09/13 City Council Post Agenda Page 351 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-39 This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 352 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-40 SUSTAINABILITY & CONSERVATION The City of Chula Vista has been a nationally-recognized local government leader in promoting environmental sustainability within its municipal operations and throughout the community. The City’s diverse sustainability initiatives include policies and programs focusing on energy and water conservation, materials management and recycling, storm water pollution prevention, alternative transportation, habitat preservation, environmental education, and “green” economic development. These sustainability initiatives, developed in partnership with other public agencies and local stakeholder groups, provide numerous community co-benefits such as utility savings, better air and water quality, reduced traffic congestion, local job creation, and improved quality of life. The City’s Sustainability Commission provides a forum for ongoing public input and transparency for the sustainability initiatives’ implementation as well. Energy in its various forms (electricity, natural gas, transportations fuels, etc.) and water are necessary to maintain our quality of life. They are used for drinking, cooking, landscaping, transportation, lighting, water heating, appliances and space heating and cooling. But their costs and high impacts of use demand that efforts be taken to reduce or minimize the overall level of consumption while utilizing local renewable sources wherever possible. Conservation is an important step in reducing the use of non-renewable fuels and imported water to maximize local renewable resources. There are also several benefits associated with energy and water conservation including improved air quality, lower energy costs, and increased local economic development. The City’s sustainability goals, stated in the Environmental Element of the General Plan, make significant efforts to conserve resources in the City, thus reducing dependence on fossil fuels, minimizing costs of renewable energy, and reducing the use of imported water. The City’s policies related to sustainability include encouragement of the use of carbon free energy systems, compact and complete urban design that minimizes the need for transportation trips, and promotion of energy and water conserving standards and requirements for new construction and significant remodels or additions. The City promotes energy efficiency, environmental stewardship, and sustainability by requiring graywater stub outs in new Single-Family Homes and streamlined permits (simplified the application or online submittal and reduced application turn- around time) for solar photovoltaic systems, solar water heating home systems, and electric vehicle supply equipment for home charging. 4.0 2022/09/13 City Council Post Agenda Page 353 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-41 Climate Action Plan In particular, Chula Vista has been successfully implementing a Climate Action Plan si nce 2000 to address the threat of climate change to the local community. The most recent Climate Action Plan was adopted by City Council in 20 17 and includes 11 additional climate “mitigation” measures designed to reduce greenhouse gas emissions. This plan built off the progress of the 2000, 2011 and 2008 plans. The 11 climate actions, which are outlined below, include measures to improve energy and water efficiency, expand renewable energy systems, mitigate urban heat island effects, convert to more fuel efficient and alternative fuel vehicles, and design transit -friendly, walkable communities. These efforts also align with state legislation such as Assembly Bill 32 (Global Warming Solutions Act of 2006) and its companion bill, Senate Bill 375. Climate Action Plan Strategies Water Education & Enforcement Energy Efficiency Upgrades Water Efficiency Upgrades Robust Urban Forests Water Reuse Plan & System Installations Complete Streets & Neighborhoods Zero Waste Plan Transportation Demand Management Energy Education & Enforcement Alternative Fuel Vehicle Readiness Clean Energy Sources --------------- Energy and water conservation are a core component to the City’s Climate Action Plan. Both resources are vital to maintaining and improving the community’s quality of life and economic development. As outlined within the Housing Element, the City promotes the efficient use of energy and water to reduce long term operational costs of housing. By reducing operational costs, housing becomes more affordable to the property owner and/or residents. Until more stringent Climate Action Plan actions/measures are adopted, the City will enforce Title 24 Building Energy Standards. The City will continue strict enforcement of local and state energy regulations for new residential construction and continue providing residents with information on energy and water efficiency. The following programs are implemented by the City and/or its regional partners to support the Housing Element’s sustainability goals: 2022/09/13 City Council Post Agenda Page 354 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-42 Utility Programs In an effort to increase the amount of local control and renewable energy, the City has joined a Community Choice Aggregator called San Diego Community Power (SDCP). SDCP is expected to begin serving customers in 2021 and has a goal to provide 100% clean electricity by 2035. Unless SDCP applies to administer CPUC energy efficiency programs, their customers will still be eligible for SDG&E programs. SDG&E offers various energy focused programs to promote energy efficiency. One popular program is the Energy Savings Assistance Program that offers income-qualified households assistance to: • Install improvements to help make the home more energy efficient; • Help understand the best ways to save energy around the home; and • Determine whether some of their appliances are eligible for free repairs or replacement. Examples of free home improvements offered by SDG&E include attic insulation; door weather - stripping and caulking; low-flow showerheads and faucet aerators; water heater blankets; energy efficient lighting; and assistance in selecting energy-efficient appliances. Additionally, SDG&E also provides the SDG&E Marketplace where residents and businesses can learn about energy efficient appliances and applicable rebates. The City helps publicize all utility programs, such as rebates and financing, on the City website, in newsletters, on social media and in other outreach such as the Chula Vista Climate Action Challenge. As SDG&E continues its process of transitioning the management of energy efficiency programs to third party implementers, the City looks forward to partnering with those program administrators in our community to ensure successful program roll out and implementation in Chula Vista. SoCal WaterSmart Program This program, administered by the Metropolitan Water District and supported by local water districts, provides rebates to residential and commercial properties that complete water efficiency upgrades. Eligible indoor and outdoor efficiency upgrades include , but are not limited to, high-efficiency clothes washers, rotating spray nozzles, and water-based irrigation controllers. 2022/09/13 City Council Post Agenda Page 355 of 809 HOUSING ELEMENT 2021-2029 APPENDIX C Page AC-43 This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 356 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-1 AT RISK AFFORDABLE HOUSING State law requires that the City identify, analyze, and propose programs to preserve existing multifamily rental units that are eligible to convert to non- low-income housing uses due to termination of subsidy contract, mortgage prepayment, or expiring use restrictions during the next ten years. Consistent with State law, this section identifies publicly assisted housing units in Chula Vista, analyzes their potential to convert to market rate housing uses, and analyzes the cost to preserve or replace those units. 1.1 Publicly Assisted Housing The City maintains programs to provide quality housing affordable to different income groups for a healthy and sustainable community. Local affordable housing funds have been used to assist in providing affordable housing. Table D-1 lists those projects in Chula Vista that are required to be evaluated in the Housing Element. The Development Services Department Housing Division staff monitors tenant and landlord compliance with affordability requirements that stem from the City of Chula Vista’s (City) Balanced Communities (“Inclusionary Housing”) Policy, Affordable Housing Density Bonus program, and financial support, including bond financing, from the Chula Vista Housing Authority. Two projects are eligible to convert to market-rate units due to expiring affordability restrictions within 10 years and are considered to be “at risk.” Park Village Apartments for families and Rolling Hills Garden apartments for seniors will be expiring within the next ten years. At-risk units were developed under a State of California Housing and Community Development Family Demonstration Program, with financial assistance from the City’s former 1.0 2022/09/13 City Council Post Agenda Page 357 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-2 City of Chula Vista General Plan Redevelopment Agency, and another under the City’s Balanced Communities Policy. Table D-1 Summary of Affordable Housing Developments Development Name Type Affordability Expiration Date Funding Source Restricted Units Park Village Apts Family 6/4/2021 LIHTC/RDA/HCD Family Demonstration Program 28 Rolling Hills Ranch Garden Apts Senior 55+ 3/22/2022 Inclusionary 104 Tavera Family 3/11/2033 Inclusionary 10 Village of Escaya Residences Family 9/25/2039 Inclusionary 30 Kingswood Manor Family 9/12/2049 Density Bonus 10 Casa Nueva Vida II Special Needs 11/14/2049 HOME and LOW MOD 12 Villa Serena Apts Senior 55+ 5/1/2051 LIHTC/Bond 131 Trolley Trestle Special Needs 12/7/2054 HOME/RDA 17 Sunrose Apts Family 12/1/2056 LIHTC/Bond 89 Harvest Ridge Apts Senior 55+ 12/1/2056 LIHTC/Bond 179 Brisa del Mar Family 5/12/2058 LIHTC/Bond/RDA/HOME/Joe Serna 105 Rancho Buena Vista Family 10/1/2058 LIHTC/BOND/Inclusionary 149 Teresina Apts Family 4/1/2061 Bond 90 Oxford Terrace Apts. Family 11/1/2062 LIHTC/Bond/Project Based Section 8 Vouchers 105 Seniors on Broadway Senior 62+ 1/15/2063 LIHTC/HOME 40 The Landings I Family 10/1/2063 LIHTC/Bond/MHP/HOME/Inclusionary 91 Los Vecinos Family 4/13/2064 LIHTC/RDA /Density Bonus 41 Colorado Apts Special Needs 3/30/2065 NSP 2 Glover Apts Special Needs 4/10/2065 NSP 4 Muncey Manor Special Needs 7/28/2065 CDBG 7 Palomar Apts Family 2/16/2066 LIHTC/Bond 0 The Landings II Family 6/30/2066 LIHTC/Bond/HOME/RDA/Inclusionary 141 Congregational Tower Senior 62+ 3/13/2068 Bond/LIHTC 184 Garden Villas Apts Senior 62+ 6/1/2069 LIHTC/Bond 99 Lofts on Landis Family 1/15/2071 HOME and NSP 31 Trolley Terrace Townhomes Family 1/18/2074 LIHTC/Bond/HOME 17 Cordova Apts Family 1/18/2074 LIHTC/Bond 39 St. Regis Apartments Family 6/27/2074 Bond/LIHTC/RDA 118 2022/09/13 City Council Post Agenda Page 358 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-3 Table D-1 Summary of Affordable Housing Developments Development Name Type Affordability Expiration Date Funding Source Restricted Units Duetta Family 12/31/2087 LIHTC/BOND/Inclusionary/HOME/RDA 86 Volta Senior 62+ 12/31/2087 LIHTC/BOND/Inclusionary/RDA 121 Casa Nueva Vida I Family 08/17/20231 13 Regency Special Needs 11/10/20281 HOME 1 Concord Special Needs 11/10/20281 HOME and LOW MOD 1 Dorothy Street Manor Family Perpetuity Public Housing 0 Town Center Manor Senior 62+ Perpetuity Public Housing 0 L Street Manor Family Perpetuity Public Housing 0 Melrose Manor Family Perpetuity Public Housing 0 Source: City of Chula Vista DSD Housing Division (2019) 1.2 Resources for Preserving Affordable Units Available public and non-profit organizations with funds available to preserve assisted housing developments include San Diego County, the City of Chula Vista and its Housing Authority, and various non-profit developers, including Wakeland Housing and Development, Community Housing Works, and Habitat for Humanity. Financial resources available include bond financing, as well as CDBG and HOME funds, and Balanced Community funds. These options depend on the availability of resources at the time the development is eligible to convert to market-rate. Lastly, the State of California Housing and Community Development Department regulates the process that owners of assisted housing developments must follow when units are at risk of 1 Agreements provides for the extension of the restrictive covenants in additional 5 year increments. 2022/09/13 City Council Post Agenda Page 359 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-4 City of Chula Vista General Plan converting to market-rate. In accordance with State Law, if an owner of an assisted housing development decides to terminate a subsidy contract, dispose of the assisted housing development, or if the rental restrictions will expire, the owner must first contact an entity that is qualified to preserve at-risk housing and provide a notice of an opportunity for that qualified entity to offer purchase of the property, in an effort to preserve affordability of the property. The State maintains a list of Qualified Entities who are interested in purchasing assisted multifamily housing projects. The current list of Qualified Entities, HCD’s current list of Qualified Entities, HPD 00-01 (XLS) , is periodically updated. For more information related to preservation of multifamily affordable housing stock, please visit the HCD’s website at https://www.hcd.ca.gov/policy-research/preserving-existing-affordable-housing.shtml. 1.3 Preservation Strategies The appropriate preservation options depend largely on the type of project at risk and the type of financing used to make the units affordable. Options to preserve units could i nvolve providing financial incentives to the project owners to extend low -income use restrictions, purchasing affordable housing units by a non -profit or public agency, or providing local subsidies to offset the difference between affordable and market rate. Local Rental Subsidy An option for preserving the 130 units at-risk during the planning period is to provide a local rental subsidy to residents. This method would be utilized to retain the affordability of the units via the provision of assistance to residents when their affordable units convert to market rate. State or local rent subsidies can be utilized to maintain the affordability of these units. Such subsidies can be a in a form of a voucher or payment similar to the Section 8 program. To determine the need subsidy, Fair Market Rates were compared to “affordable rents”, as defined by California Health and Safety Code Section 50053. Table D-2 provides an estimate of the required subsidy by unit type. 2022/09/13 City Council Post Agenda Page 360 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-5 Table D-2 ESTIMATED MONTHLY SUBSIDY TO PRESERVE “AT-RISK” UNITS Unit Size FMR Affordable Rent2 Difference Number of Units Monthly Subsidy Annual Subsidy Studio $1,404 $973.00 $431.00 0 $0 $0 1-Bdrm $1,566 $1,112.00 $454.00 96 $43,584 $523,008 2-Bdrms $2,037 $1,251.00 $786.00 27 $21,222 $254,664 3-Bdrms $2,894 $1,390.00 $1,504.00 9 $13,536 $162,432 TOTAL 132 $78,342 $940,104 55 year subsidy $51,705,720 Notes: 2 Units are assumed as occupied by low income households with affordable rent calculated at 30% of income. Source: HUD Income Limits and FMR (2020) 1.4 Replacement Cost Analysis A general rule of thumb suggests that the cost of preserving existing units is more cost effective than replacing units through new construction. Replacement of these units with rehabilitated units may be cost effective in some instances. Based upon information provided by the local development community, brokers and housing developers, replacement costs for multi-family units have been estimated. Construction cost estimates include all hard and soft cost associated with construction in addition to per unit land costs. The analysis assumes the replacement units are garden style apartments with parking provided on-site. Square footage has been estimated as the average unit size per the prevailing sales in the region. Land costs have been determined on a per unit basis. Table D-3 provides a summary of estimated replacement costs per unit. Table D-3 REPLACEMENT COSTS BY UNIT TYPE 2022/09/13 City Council Post Agenda Page 361 of 809 HOUSING ELEMENT 2021-2029 APPENDIX D Page AD-6 City of Chula Vista General Plan Unit Size Cost per Square Foot ($)3 Avg Sq Ft/Unit Replacement Cost per Unit2 Number of Units Total Replacement Cost Studio $385 500 $192,500 0 $0 1-Bdrm $385 700 $269,500 96 $25,872,000 2-Bdrms $385 900 $346,500 27 $9,355,500 3-Bdrms $385 1,100 $423,500 9 $3,811,500 132 $39,039,000 Notes: 3 Cost Analysis based on average total development cost per unit for projects financed by the Chula Vista Housing Authority during 2019- 2020. Source: City of Chula Vista DSD Housing Division (2020) 2022/09/13 City Council Post Agenda Page 362 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-1 1.0 AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) ASSESSMENT A. Introduction and Overview of AB 686 In 2017, Assembly Bill 686 (AB 686) introduced an obligation to affirmatively further fair housing (AFFH) into California state law. AB 686 defined “affirmatively further fair housing” to mean “taking meaningful actions, in addition to combat discriminatio n, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for persons of color, persons with disabilities, and other protected classes. The Bill added an assessment of fair housing to the Housing Element which includes the following components: • A summary of fair housing issues and assessment of the jurisdiction’s fair housing enforcement and outreach capacity; • An analysis of segregation patterns and disparities in access to opportunities, • An assessment of contributing factors; and • An identification of fair housing goals and actions. B. Assessment of Fair Housing Issues Chula Vista was originally an agricultural community whose economic focus shifted away from agriculture when the presence of numerous military installations in the country contributed to a population growth following World War II. Chula Vista’s orchards and farms were gradually displaced by housing, businesses, and schools to meet the needs of its growing population. Although much of Chula Vista is comprised of established stable neighborhoods of mostly single-family residences, the General Plan, Land Use Plan targets accommodating future growth through infill development and development in master planned communities to provide a greater variety of housing options. Infill development is directed to the Northwest, Bayfront, and Southwest Planning Areas, west of Interstate 805 and utilizes existing infrastructure to increase residential densities, taking advantage of existing and future transit and revitalizing existing commercial areas. Master planned communities are planned for in the East Planning Area, east of Interstate 805. Additionally, Chula Vista has identified areas for increased development at various densities to allow various degrees of growth. These include Focused Areas of Change, Transitional Areas, and Stable Residential Neighborhoods. Focused Area of Change are areas targeted for more intensive development, revitalization and/or redevelopment and are in portions of the Northwest, Bayfront, Southwest and East Planning Areas. These areas within Chula Vista can best accommodate growth and redevelopment through opportunities for mixed use development and higher housing densities. Transitional areas are where significant General 2022/09/13 City Council Post Agenda Page 363 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-2 Plan changes are not proposed, but where infill redevelopment, and/or revitalization activities may still occur. Stable Residential Neighborhoods are designated, zoned, and completely developed with single- family dwellings, with some multi-family neighborhoods mixed in. The use and intensity within Stable Residential Neighborhoods will not change much, however, revitalization and growth are still expected through the addition of Accessory Dwelling Units, home additions, reconstruction, and rehabilitation activities, further opening opportunities for a variety of housing options at a diversity of income points throughout the City. For additional information, please see the Chula Vista General Plan, Land Use and Transportation Element (Chapter 5). 1. Fair Housing Enforcement and Outreach San Diego County jurisdictions are served by two fair housing service providers, CSA San Diego (CSA) and Legal Aid Society of San Diego (LASSD), that investigate and resolve discrimination complaints, conduct discrimination auditing and testing, and education and outreach, including the dissemination of fair housing information such as written material, workshops, and seminars. These service providers also provide landlord/tenant counseling, which is another fair h ousing service that involves informing landlords and tenants of their rights and responsibilities under fair housing law and other consumer protection regulations, as well as mediating disputes between tenants and landlords. As shown on the City’s website and the 2020 AI, the City of Chula Vista has committed to enforcing federal and State fair housing laws including the federal Fair Housing Act and California Fair Employment and Housing Act of 1959 which protects individuals from discrimination on the basis of ancestry, age, sexual orientation, gender identity, marital status, familial status, and source of income. Chula Vista is served by CSA for fair housing services, including outreach and education. Between 2014 and 2019, CSA served 6,279 San Diego Cou nty residents, including 1,329 Chula Vista residents. Of the clients CSA served in San Diego County, 83% were extremely low income (earning less than 30% of the area median income), and 12% were low income (earning between 30% and 50% of the area median income). In 2018, CSA received a $300,000 Fair Housing Initiatives Program (FHIP) grant from HUD to carry out investigations and other enforcement activities to prevent or eliminate discriminatory housing practices. CSA’s efforts during the last year included the following cases that were specific to the City of Chula Vista:  Assisted a disabled female who was denied rental of a unit on the grounds of her disability and having an emotional support animal. CSA advocated her Fair Housing rights through Reasonable Accommodation. In addition, CSA reported the violation to DFEH. 2022/09/13 City Council Post Agenda Page 364 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-3  Assisted a single mother with a disabled daughter who was refused rental at a mobile home park due to 55+ age occupancy rules. CSA started advocating for this case.  Assisted an elderly Asian-American male discriminated against on religion and national origin. CSA referred this violation of Fair Housing Rights violations to HUD.  Assisted a male head of household refused tenancy in a low -income housing development based on familial Status. CSA advocated mediation and a resolution with management. The City of Chula Vista’s Housing Division continues to support CSA by allocating $60,000 in annual CDBG funding. This is an increase over previous allocations. The City will continue to fund CSA efforts with CDBG funding on an annual basis through the eight years of this hou sing element. This additional funding source will support the activities and efforts identified in the City’s 2021-2019 Housing Element. HUD maintains a record of all housing discrimination complaints filed in local jurisdictions. These grievances can be filed on the basis of race, color, national origin, sex, disability, religion, familial status and retaliation. From October 1, 2014 to September 30, 2019, 414 fair housing complaints in San Diego County were filed with HUD. Only 7% (29 cases) were filed by Chula Vista residents. In the County and City of Chula Vista, disability-related discrimination was the most commonly reported—comprising 53% of all cases in the County and 51.4% of Chula Vista cases. In Chula Vista, five discrimination cases were filed on the basis of familial status (14.3%), four on the basis of retaliation (11.4%), three on the basis of national origin (8.6%), and two on the basis of race (5.7%). The 2020 Regional Analysis of Impediments to Fair Housing Choice (Regional AI) cited that between FY 2015 and FY 2020, eight sites in Chula Vista tested for discrimination based on race, familial status, disability, and gender. Of the eight sites tested, one showed differential treatment based on race, four were inconclusive, and three showed no differential treatment. The 2020 Regional AI found that outreach services were also inadequate in the region as residents may find it hard to navigate the service system and identify the appropriate agency to contact. The City of Chula Vista advertises fair housing services through placement of a fair housing services brochure at public counters and includes a link to CSA on its website. The Chula Vista City website also includes a description on how to file a discrimination complaint. 2. Integration and Segregation Race and Ethnicity 2022/09/13 City Council Post Agenda Page 365 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-4 Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns, as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. According to the 201 5-2019 American Community Survey (ACS), approximately 83.2% of the Chula Vista population belongs to a racial or ethnic minority group, an increase from 77.8% during the 2006-2010 ACS. Chula Vista has a much larger racial/ethnic minority population compared to the County, where only 54.4% of residents belong to a racial/ethnic minority group. HUD tracks racial or ethnic dissimilarity trends for Chula Vista and the San Diego County region. Dissimilarity indices show the extent of distribution between two groups, in this case racial/ethnic groups, across census tracts. The following shows how HUD views various levels of the index: • <40: Low Segregation • 40-54: Moderate Segregation • >55: High Segregation The indices for Chula Vista and San Diego County from 1990 to 2020 are shown in Table 1-1Table Dissimilarity between non-White and White communities in Chula Vista and throughout the San Diego County region has worsened since 1990. However, segregation is significantly lower for all racial/ethnic groups in Chula Vista compared to the County. Based on HUD’s definition of the various levels of the index, segregation between all racial/ethnic groups is low. Countywide, segregation is considered moderate for all racial/ethnic groups. Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns, as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. Figure 1-1Figure 1-1Figure 1-1 compares minority concentrations in Chula Vista in 2010 and 2018. Chula Vista has seen an increase in racial/ethnic minority populations Citywide. Currently, nearly all block groups in the City have minority populations over 81%. In 2010, racial/ethnic minority concentrations ranged from 21 to 60% in most block groups. There is currently only one block group in the City with a minority concentration below 61%, located in the no rthwestern section of the City. Table 1-1: Racial/Ethnic Dissimilarity Index 1990 2000 2010 2020 Chula Vista 2022/09/13 City Council Post Agenda Page 366 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-5 Non-White/White 17.81 20.12 20.26 21.39 Black/White 27.83 24.60 23.36 26.86 Hispanic/White 20.08 25.05 22.97 23.91 Asian or Pacific Islander/White 23.26 29.21 31.03 34.79 San Diego County Non-White/White 43.40 45.18 42.85 46.42 Black/White 58.00 53.80 48.37 54.08 Hispanic/White 45.22 50.59 49.61 51.74 Asian or Pacific Islander/White 48.06 46.83 44.38 49.75 Source: HUD AFFH Database, 2020. 2022/09/13 City Council Post Agenda Page 367 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-6 Figure 1-1: (A) Racial/Ethnic Minority Concentrations (2010) 2022/09/13 City Council Post Agenda Page 368 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-7 (B) Racial/Ethnic Minority Concentrations (2018) Source: HCD Data Viewer, 2021. 2022/09/13 City Council Post Agenda Page 369 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-8 Disability According to the 2015-2019 ACS, approximately 9.7% of Chula Vista residents experience a disability, compared to 9.9% Countywide. Since the 2008-2012 ACS, the disabled population in Chula Vista and the County has increased slightly from 8.9% and 9.3%, respectively. As shown in Figure 1-2Figure 1-2Figure 1-2 Census tracts with a higher percentage of persons with disabilities concentrated in the northern and western sections of the City. Since the 2010-2014 ACS, concentrations of persons with disabilities have decreased in the northwestern section of the City, but increased tracts along the northern City boundary and in some tracts in the central western areas of the City. Familial Status Familial status refers to the presence of children under the age of 18, whether the child is biologically related to the head of household, and the martial status of the head of households. Families with children may face housing discrimination by landlords who fear that children will cause property damage. Some landlords may have cultural biases against children of the opposite sex sharing a bedroom. Differential treatments such as limiting the number of children in a complex or confining children to a specific location are also fair housing concerns. Approximately 40.1% of Chula Vista households have one or more children under the age of 18. The City’s share of households with children is higher than the County (29.7%), and the neighboring cities of El Cajon (35.7%), Imperial Beach (29.7%), La Mesa (26%), National City (30.7%), and the City of San Diego (26.5%). Single parent households are also protected by fair housing law. Approximately 11% of households in the City are single-parent households compared to only 8% Countywide. Female- headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and other supportiv e services. Over 8% of households in Chula Vista are single female-headed households with children, more than the 5.7% throughout the County. As shown in Figure 1-3Figure 1-3Figure 1-3 side of the City has higher concentrations of Children in married -couple households. Figure shows the percentage of Children in female-headed households. Four tracts in the northwestern section of the City and one tract in the southwestern section of the City have higher populations of Children in female-headed households compared to the rest of the City. Between 40 and 60% of children in these tracts live in female -headed households. Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 370 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-9 Figure 1-2: (A) Concentration of Persons with Disabilities (2010-2014) 2022/09/13 City Council Post Agenda Page 371 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-10 (B) Concentration of Persons with Disabilities (2015-2019) Source: HCD Data Viewer, 2010-2014 & 2015-2019 ACS, 2021. 2022/09/13 City Council Post Agenda Page 372 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-11 Figure 1-3: Percent of Children in Married Couple Households Source: HCD Data Viewer, 2015-2019 ACS, 2021. 2022/09/13 City Council Post Agenda Page 373 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-12 Figure 1-4: Percent of Children in Female-Headed Households Source: HCD Data Viewer, 2015-2019 ACS, 2021. 2022/09/13 City Council Post Agenda Page 374 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-13 Income Identifying low- or moderate-income (LMI) geographies and individuals is important to overcome patterns of segregation. HUD’s 2013-2017 CHAS data (Table 1-2Table 1-2Table 1-2) shows that households earn 80 percent or less than the area median family income and are considered lower income, slightly higher than 43% of households Countywide. According to the 2015-2019 ACS, the median household income in Chula Vista is $81,272, higher than $78,980 for the County. Table 1-2: Income Level Distribution Income Category Chula Vista San Diego County Households Percent Households Percent <30% HAMFI 11,735 15.0% 155,060 13.9% 31-50% HAMFI 10,220 13.0% 136,890 12.3% 51-80% HAMFI 13,820 17.6% 186,170 16.7% 81-100% HAMFI 8,130 10.4% 112,015 10.1% >100% HAMFI 34,560 44.0% 521,600 46.9% Total 78,475 100.0% 1,111,740 100.0% Source: HUD CHAS data (2013-2017 ACS), 2020. Figure 1-5Figure 1-5Figure 1-5 shows the Lower and Moderate Income (LMI) areas in the City by census tract. HUD defines a LMI area as a census tract or block group where over 51 percent of the population is LMI. Tracts with higher LMI populations are most concentrated on the western side of the City, where LMI households account for 50 to 100% of the tract population. Tracts in the central and eastern areas have significantly lower concentrations of LMI households . As shown in Figure 1-6Figure 1-6, the concentration of LMI households on the western side of the City correlates with the location of public housing buildings and subsidized housing units. The Town Center Manor public housing buildings are all located on this side of the City, including the Towncentre project (59 units), L Street projects (16 units), Dorothy projects (22 units), and Melrose projects (24 units). Subsidized housing units are also more prevalent in this section of the City. Mobile home parks, which typically serve lower income populations, are also more concentrated in this area of the City (Figure 1-7Figure 1-7). 2022/09/13 City Council Post Agenda Page 375 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-14 Figure 1-5: Concentration of LMI Households Source: HCD Data Viewer, HUD LMI Database, 2021. 2022/09/13 City Council Post Agenda Page 376 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-15 Figure 1-665: Concentration of LMI HouseholdsPublic Housing Buildings and Subsidized Source: HCD Data Viewer, 2021 CHPC, 2022. 2022/09/13 City Council Post Agenda Page 377 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-16 Figure 1-7: Mobile Home Parks Source: HCD Data Viewer, 2018 HIFLD, 2022. 2022/09/13 City Council Post Agenda Page 378 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-17 3. Racially or Ethnically Concentrated Areas of Poverty Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) In an effort to identify racially/ethnically concentrated areas of poverty (R/ECAPs), HUD has identified census tracts with a majority non -White population (greater than 50 percent) with a poverty rate that exceeds 40 percent or is three times the average tract poverty rate for the metro/micro area, whichever threshold is lower. According to HUD’s 2020 R/ECAP mapping tool based on the 2009-2013 ACS, there is currently one R/ECAPs in Chula Vista located within Census Tract (CT) 125.01. This R/ECAPs is shown in Figure 1-8Figure 1-8Figure 1-6 (A) below. There are units within the R/ECAP consisting of single -family homes (11%), multi-family units (50%) and mobile home spaces (39%), as itemized in Figure 1-6 (B). There are approximately 1,200 households within this CT. The median household income is $31,554. This is approximately two-fifths of the average household income in the City of Chula Vista, which is $81,272. Approximately 32.5% of these households are below the poverty line. This is more than triple the citywide poverty rate of 9.6%. In addition to the high rate of poverty, this CT also has a disabled population between 10 and 20% and a concentration of children in female-headed households between 40 and 60% (see Figure 1-2Figure 1-2Figure 1-2 and Figure While the land uses within the census tract are privately held, the City is investing in the area surrounding the census tract through various infrastructure projects, including but not limited to:  F Street Promenade (over $6 million) will implement a streetscape master plan for a 1.25 - mile-long segment of F Street from Third Avenue to Bay Boulevard. Designed using the principles of "complete streets,” a balanced, connected, safe, and convenient transportation network designed to serve all users via walking, biking, public transit, and driving will link downtown’s Village District and Civic Center with the City's up and coming Bayfront. Work includes removal of abandoned railroad tracks and undergrounding of utilities. Located along northern border of CT.  Bike Lanes of Broadway (approximately $300,000) installed traffic calming measures to provide bike lanes and improved pedestrian experiences along the Broadway corridor. Located along eastern border of CT.  Broadway/F Street & Broadway/G Street Intersection Traffic Signal upgrades ($847,000). Located along eastern border of CT. 2022/09/13 City Council Post Agenda Page 379 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-18  CV Senior Connect will launch in early 2022 as a new electric mobility option to provide door to door on demand weekday service for free to seniors in Northwest Chula Vista. The project is made possible through the Clean Mobility O ptions voucher program and local foundation funding (nearly $2 million).  Chula Vista Bayfront project will advance construction of a world -class hotel and convention center on the 535-acre bayfront development site. Approximately 230 acres (more than 40 %) of the project’s total acreage is dedicated to parks, open space and habitat restoration/preservation; with 130 acres identified for new parks and open space. These areas will include promenades, bike trails and other public access areas linking the ent ire bayfront. In the project’s first 20 years, it will generate approximately $1.3 billion for the regional economy, including more than $11.5 million in annual tax revenues. It also will create more than 2,200 permanent jobs, nearly 7,000 construction j obs and numerous indirect jobs. Located to the west of the CT and connected by both F and H Streets. In addition, various controls and programs are in place to assist residents in this area, including:  Chula Vista Municipal Code 9.50 “Mobilehome Park Spac e Rent Review” provides rent control for existing residents through a formula based permissive rent increase annually.  Chula Vista Municipal Code 9.40 “Mobilehome Housing Assistance” identifies protections for residents in the case of a park closure, inc luding reasonable relocation assistance.  Community Housing Improvement Program (“CHIP”) provides grants or loans to eligible residents for single-family and mobilehome repairs. As identified in Table 1-18, specific outreach will be targeted to the CT, in cluding but not limited to:  Fair Housing Education – The Fair Housing provider contract will be expanded to include direct mailers to all residents in the CT during 2022 and at least three educational events shall be held within the CT during the planning period.  Housing Choice Vouchers – The City will request from the County on an annual basis utilization within the CT and analyze any trends. Additional marketing material for small area Fair Market Rents or mobility options shall be provided, includin g but not limited to the County security deposit assistance program. Anti-Displacement – In early 2022 City Council will consider adoption of an ordinance to provide greater protections to Chula Vista tenants related to evictions and anti -harassment. 2022/09/13 City Council Post Agenda Page 380 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-19 Figure 1-886 (A): Racially/Ethnically Concentrated Areas of Poverty Source: HCD Data Viewer, HUD R/ECAP Database, 2021. 2022/09/13 City Council Post Agenda Page 381 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-20 (B) Racially/Ethnically Concentrated Areas of Poverty 180 Single-Family Homes 797 Multi-Family Units 619 Mobile home Spaces 168 Holiday Garden Condos 8 Duplexes 4 Single-Family + 1 ADU 41 Cambridge Apartments 125 Park Regency Apartments 33 Pine Tree Plaza Apartments 77 St. Thomas Apartments 76 Broadway Trailer Park 126 Cabrillo Mobile Lodge 61 Flamingo Trailer Park 30 Mohawk Trailer Park Formatted: Font: (Default) Clearly Gothic Light, 12 pt 2022/09/13 City Council Post Agenda Page 382 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-21 132 S. Bay Towers Apartments 33 Sunnyside Manor Apartments 352 Vistan Apartments 4 Unnamed 134 Rose Arbor Trailer Park 192 Terry’s Mobilehome Park Source: CVMapper, City of Chula Vista, 2022. Racially or Ethnically Concentrated Areas of Poverty (RCAAs) While racially concentrated areas of poverty and segregation (R/ECAPs) have long been the focus of fair housing policies, racially concentrated areas of affluence (RCAAs) must also be analyzed to ensure housing is integrated, a key to fair housing choice. A HUD Policy Paper defines racially concentrated areas of affluence as affluent, White communities.1 According to this report, Whites are the most racially segregated group in the United States and “in the same way neighborhood disadvantage is associated with concentrated poverty and high concentrations of people of color, conversely, distinct advantages are associated with residence in affluent, White communities.” Based on their research, HCD defines RCAAs as census tracts where 1) 80 percent or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national median household income in 2016). Figure 1-9Figure 1-9Figure 1-7 shows predominantly White populations by census tract and median income by block group. There are only three White majority tracts in Chula Vista located along the northern City boundary. The White predominant tract in the northeastern corner of the City also has a median income exceeding $125,000 and is t herefore considered a RCAA. The median income on the eastern side of the City is generally higher than the western side, where most block groups have a median income below the 2020 State average of $84,100 . 1 Goetz, Edward G., Damiano, A., & Williams, R. A. (2019) Racially Concentrated Areas of Affluence: A Preliminary Investigation .’ Published by the Office of Policy Development and Research (PD&R) of the U.S. Department of Housing and Urban Development in Cityscape: A Journal of Policy Development and Research (21,1, 99-124). 2022/09/13 City Council Post Agenda Page 383 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-22 Figure 1-997: White Predominant Areas Source: HCD Data Viewer, 2021. 2022/09/13 City Council Post Agenda Page 384 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-23 Figure 1-10108: Median Income Source: HCD Data Viewer, 2015-2019 ACS, 2021. 2022/09/13 City Council Post Agenda Page 385 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-24 4. Access to Opportunities HUD developed an index for assessing fair housing by informing communities about disparities in access to opportunity based on race/ethnicity and poverty status. Table 1-3Table 1-3Table 1-3 for the following opportunity indicator indices (values range from 0 to 100): • Low Poverty Index: The higher the score, the less exposure to poverty in a neighborhood. • School Proficiency Index: The higher the score, the higher the school system quality is in a neighborhood. • Labor Market Engagement Index: The higher the score, the higher the labor force participation and human capital in a neighborhood. • Transit Trips Index: The higher the trips transit index, the more likely residents in that neighborhood utilize public transit. • Low Transportation Cost Index: The higher the index, the lower the cost of transportation in that neighborhood. • Jobs Proximity Index: The higher the index value, the better access to employment opportunities for residents in a neighborhood. • Environmental Health Index: The higher the value, the better environmental quality of a neighborhood. In Chula Vista, Hispanic residents are most likely to be impacted by poverty, low labor market participation, and poor environmental quality. Native American residents experience the lowest school proficiency and Asian residents have the least access to employment opportunities. Asian or Pacific Islander communities scored the highest in low poverty, school proficiency, labor market, and environmental health. Black residents are most likely to use public transit and have low transportation costs. Unlike Chula Vista, White San Diego County residents are least likely to be exposed to poverty, most likely to live near high quality school systems, have the highest labor market participation rate, have the greatest access to employment opportunities, and live in areas with the best environmental quality. In general, racial/ethnic minorities in Chula Vista are exposed to less poverty, better education systems and higher labor market participation rates than the County as a whole. 2022/09/13 City Council Post Agenda Page 386 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-25 Table 1-3: HUD Opportunity Indicators by Race/Ethnicity Low Poverty School Proficiency Labor Market Transit Low Transportation Cost Jobs Proximity Environmental Health Chula Vista Total Population White, Non-Hispanic 61.91 62.74 49.09 74.77 70.25 21.24 32.43 Black, Non-Hispanic 56.81 66.26 48.39 75.71 72.34 22.03 31.32 Hispanic 51.71 60.52 39.70 78.55 74.67 22.43 28.97 Asian or Pacific Islander, Non-Hispanic 65.41 72.80 59.44 72.88 68.42 18.17 32.99 Native American, Non- Hispanic 53.58 59.33 39.86 77.55 74.21 24.15 30.76 Population below federal poverty line White, Non-Hispanic 52.71 61.66 43.12 78.27 74.67 25.13 31.41 Black, Non-Hispanic 41.35 53.73 33.10 81.63 80.24 30.30 25.58 Hispanic 38.87 56.68 29.25 82.26 79.43 27.74 26.99 Asian or Pacific Islander, Non-Hispanic 48.83 57.50 35.47 83.01 77.54 19.62 24.94 Native American, Non- Hispanic 53.15 65.06 48.23 77.45 73.97 25.63 31.29 San Diego County Total Population White, Non-Hispanic 62.30 66.77 61.57 77.90 71.47 54.48 38.38 Black, Non-Hispanic 46.12 48.00 40.77 82.15 75.96 37.78 28.99 Hispanic 42.53 46.46 38.42 79.79 75.05 36.29 30.95 Asian or Pacific Islander, Non-Hispanic 61.36 64.95 60.15 81.51 72.76 48.82 35.24 Native American, Non- Hispanic 50.17 51.21 42.64 72.00 67.42 45.84 43.36 Population below federal poverty line White, Non-Hispanic 53.18 60.79 56.51 81.27 76.56 54.09 36.15 Black, Non-Hispanic 32.32 40.63 32.33 87.37 81.22 37.19 25.75 Hispanic 32.09 39.80 31.36 82.71 78.61 36.32 28.83 Asian or Pacific Islander, Non-Hispanic 53.63 62.27 57.50 86.93 80.17 56.79 34.55 Native American, Non- Hispanic 38.86 44.40 42.37 78.76 75.30 41.11 36.24 Source: HUD AFFH Database, 2020. 2022/09/13 City Council Post Agenda Page 387 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-26 To assist in this analysis, the Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) convened in the California Fair Housing Task Force (Task Force) to “provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and other related state agencies/departments to further the fair housing goals (as defined by HCD).” The Task force has created Opportunity Maps to identify resource levels across the state “to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with 9% Lo w Income Housing Tax Credits (LIHTCs)”. These opportunity maps are made from composite scores of three different domains made up of a set of indicators. Based on these domain scores, tracts are categorized as Highest Resource, High Resource, Moderate Resource, Moderate Resource (Rapidly Changing), Low Resource, or areas of High Segregation and Poverty. Table 1-4Table 1-4Table 1-4 shows the Table 1-4: Domains and List of Indicators for Opportunity Maps Domain Indicator Economic Poverty Adult education Employment Job proximity Median home value Environmental CalEnviroScreen 3.0 pollution Indicators and values Education Math proficiency Reading proficiency High School graduation rates Student poverty rates Poverty and Racial Segregation Poverty: tracts with at least 30% of population under federal poverty line Racial Segregation: Tracts with location quotient higher than 1.25 for Blacks, Hispanics, Asians, or all people of color in comparison to the County Source: CA Fair Housing Task Force, Methodology for TCAC/HCD Opportunity Maps, December 2020. Opportunity map scores for Chula Vista census tracts are presented in Figure 1-11Figure 1-11Figure 1-9. A majority of the eastern side of the City is categorized as High Resource, the central section of the City is generally categorized as Moderate Resource, and much of the western side is Low Resource. There are three tracts that are categorized as areas of High Segregation and Poverty, all located on the western side of Chula Vista. As described previously, the western side of the City also has areas with higher concentrations of children in f emale- headed households, LMI households, and median incomes below the 2020 State median (see 2022/09/13 City Council Post Agenda Page 388 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-27 Figure 1-4Figure 1-4Figure 1-4, Figure 1-5Figure 1-5Figure 1-5, and Figure 1-10Figure 1-10Figure The individual scores for the domains described above (economic, environment, and education) are further detailed in the following sections. 2022/09/13 City Council Post Agenda Page 389 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-28 Figure 1-11119: TCAC Opportunity Areas - Composite Score Source: HCD Data Viewer, TCAC Opportunity Maps, 2021. 2022/09/13 City Council Post Agenda Page 390 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-29 Economic As described previously, the Fair Housing Task Force calculates economic scores based on poverty, adult education, employment, job proximity, and median home values. According to the 2021 Task Force maps presented in Figure 1-12Figure 1-12Figure 1-10, tracts with the lowest concentrated on the western side of the City. The tracts with the highest economic scores are located in the northeastern section of the City. As discussed above, many of the tracts on the western side are Low Resource areas or areas of high segregation and poverty. Education As described above, the Fair Housing Task Force determines education scores based o n math and reading proficiency, high school graduation rates, and student poverty rates. Areas with lower education scores, shown in Figure 1-13Figure 1-13Figure 1-11, are generally concentrated in the of the City. The eastern side of the City generally received higher education scores exceeding 0.50. The tracts with lower education scores on the western end of the City also received lower economic scores and are categorized as Low Resource. Environmental Environmental health scores are determined by the Fair Housing Task Force based on CalEnviroScreen 3.0 pollution indicators and values. Figure 1-14Figure 1-14Figure 1-12 shows western, eastern, and southern City boundaries have the lowest environmental scores. Tracts in the central and northern parts of Chula Vista have slightly better environmental quality than the rest of the City. The tracts with low environmental scores along the western border also received low economic and education scores and are considered Low Resource areas. The areas along the southern and eastern borders, however, have higher economic and education scores and are mostly categorized as Moderate or High Resource areas. Transportation All Transit explores metrics that reveal the social and economic impact of transit, specifically looking at connectivity, access to jobs, and frequency of service.2 Chula Vista’s All Transit Performance score of 5.7 is lower than the surrounding jurisdictions of Imperial Beach (6.7), El Cajon (6.9), La Mesa (7.9), National City (7.9), and the City of San Diego (6.0), but higher than the Countywide score of 5.3. The City’s score of 5.7 illustrates a moderate combination of trips per week and number of jobs accessible that enable a moderate number of people to take transit to 2 AllTransit Metrics. https://alltransit.cnt.org/metrics/. Accessed June 2021. 2022/09/13 City Council Post Agenda Page 391 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-30 work. Chula Vista has a slightly higher proportion of commuters that use transit (3.54%) than the County (3.28%). HUD’s Job Proximity Index, described previously, can be used to show transportation need geographically. Block groups with lower jobs proximity indices are located further from employment opportunities and have a higher need for transportation. As described in Table Chula Vista residents, regardless of race or ethnicity, have less access to employment opportunities compared to residents Countywide. As shown in Figure 1-15Figure 1-15Figure block groups in the City are the furthest from employment opportunities. Block groups in the northwestern section of the City are located closest to emplo yment opportunities. Despite the increased access to jobs, the areas in the northwest part of the City are considered Low Resource. 2022/09/13 City Council Post Agenda Page 392 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-31 Figure 1-121210: TCAC Opportunity Areas - Economic Score Source: HCD Data Viewer, TCAC Opportunity Maps, 2021. 2022/09/13 City Council Post Agenda Page 393 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-32 Figure 1-131311: TCAC Opportunity Areas - Education Score Source: HCD Data Viewer, TCAC Opportunity Maps, 2021. 2022/09/13 City Council Post Agenda Page 394 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-33 Figure 1-141412: TCAC Opportunity Areas - Environmental Score Source: HCD Data Viewer, TCAC Opportunity Maps, 2021. 2022/09/13 City Council Post Agenda Page 395 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-34 Figure 1-151513: Jobs Proximity Index Source: HCD Data Viewer, HUD Opportunity Indicators, 2021. 2022/09/13 City Council Post Agenda Page 396 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-35 5. Disproportionate Housing Needs Housing problems for Chula Vista were calculated using HUD’s 2020 Comprehensive Housing Affordability Strategy (CHAS) data based on the 2013 -2017 ACS. Table 1-5Table 1-5Table 1-5 households by race and ethnicity and presence of housing problems for Chula Vista and San Diego County households. The following conditions are considered housing problems: • Substandard Housing (incomplete plumbing or kitchen facilities) • Overcrowding (more than 1 person per room) • Cost burden (housing costs greater than 30%) In Chula Vista, 37% of owner-occupied households and 64.1% of renter-occupied households have one or more housing problem. The City has a higher proportion of households with a housing problem compared to the County, where 33.9% of owner-occupied households and 57.1% of renter-occupied households experience a housing problem. In Chula Vista, Pacific Islander renters experience housing problems at the highest rate (71%), however none of the 150 owner-occupied Pacific Islander households experience a housing problem. Black owner households, Pacific Islander renter households, and Hispanic owner and renter house holds all have housing problems exceeding the City average. Table 1-5: Housing Problems by Race/Ethnicity With Housing Problem White Black Asian Am. Ind Pac. Isldr. Hispanic Other All Chula Vista Owner-Occupied 28.6% 55.2% 36.5% 10.0% 0.0% 41.5% 44.0% 37.0% Renter-Occupied 54.5% 56.2% 60.1% 27.3% 71.0% 68.6% 49.0% 64.1% San Diego County Owner-Occupied 31.2% 39.7% 33.6% 25.2% 31.5% 43.0% 35.6% 33.9% Renter-Occupied 50.9% 62.3% 51.1% 52.0% 60.9% 67.1% 55.2% 57.1% Source: HUD CHAS Data (2013-2017 ACS), 2020. Cost Burden Cost burden by tenure based on HUD CHAS data is shown in Table 1-6Table 1-6Table 1-6. Pacific Islander and Hispanic renter households have the highest rate of cost burden in the City (71% and 59.9%, respectively). Cost burden amongst owner -households, regardless of race or Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 397 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-36 ethnicity, is lower than renter-households. Pacific Islander and American Indian owner-occupied households have the lowest instance of cost burden Citywide. Figure 1-16Figure 1-16Figure 1-14 compares overpayment by tenure over time using the 2010- 2014 and 2015-2019 ACS. Overpayment for homeowners has decreased in most tracts in the central and eastern sections of the City. The proportion of overpaying homeowners on the western side of the City has increased in some tracts but decreased in others. The tracts along the northwestern City boundary specifically have seen an increase in overpaying owners since the 2010-2014 ACS. Overpayment by renters has also increased in some tracts on the eastern side of the City. On the western side of the City, the percentage of overpaying renters has decreased in many tracts. Tracts in the central northern section of the City have the lowest proportion of overpaying renters. Table 1-6: Cost Burden by Race/Ethnicity Cost Burden (>30%) Severe Cost Burden (>50%) Total HHs Owner-Occupied White, non-Hispanic 28.0% 12.4% 14,160 Black, non-Hispanic 51.5% 22.7% 1,630 Asian, non-Hispanic 34.2% 10.7% 8,050 Amer. Ind, non-Hispanic 10.0% 0.0% 40 Pacific Isldr., non-Hispanic 0.0% 0.0% 150 Hispanic 36.4% 16.4% 20,300 Other 41.2% 13.2% 1,215 Renter-Occupied White, non-Hispanic 49.6% 29.8% 5,855 Black, non-Hispanic 54.7% 32.8% 2,375 Asian, non-Hispanic 52.0% 23.1% 2,810 Amer. Ind, non-Hispanic 27.3% 27.3% 55 Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 398 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-37 Pacific Isldr., non-Hispanic 71.0% 38.7% 155 Hispanic 59.9% 33.2% 21,180 Other 35.0% 21.0% 500 Source: HUD CHAS Data (2013-2017 ACS), 2020. 2022/09/13 City Council Post Agenda Page 399 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-38 Figure 1-161614: (A) Overpayment by Owners (2010-2014) 2022/09/13 City Council Post Agenda Page 400 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-39 (B) Overpayment by Owners (2015-2019) 2022/09/13 City Council Post Agenda Page 401 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-40 (C) Overpayment by Renters (2010-2014) 2022/09/13 City Council Post Agenda Page 402 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-41 (D) Overpayment by Renters (2015-2019) Source: HCD Data Viewer, 2010-2014 & 2015-2019 ACS, 2021. 2022/09/13 City Council Post Agenda Page 403 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-42 Overcrowding Table 1-7Table 1-7Table 1-7, below, shows that approximately 4.4% of owner-occupied renter-occupied households in Chula Vista are overcrowded. Overcrowding is more common in Chula Vista than the County, where 2.8% of owner-occupied households and 10.8% of renter- occupied households are overcrowded. Figure 1-17Figure 1-17Figure 1-15 shows the concentration of overcrowded households in Chula Most tracts on the eastern side of the City do not have overcrowded households exceeding the Statewide average of 8.2%. Overcrowded households are most concentrated in tracts located on the western side of the City. Three tracts in Chula Vista have concentrations of overcrowded households between 15 and 20% and one tract, located in the northwest corner of the Cit y, has a concentration of overcrowded households exceeding 20%. Table 1-7: Overcrowding by Tenure Overcrowded (>1 person per room) Severely Overcrowded (<1.5 persons per room) Total HHs Households % Households % Chula Vista Owner-Occupied 2,020 4.4% 430 0.9% 45,550 Renter-Occupied 5,635 17.1% 1,825 5.5% 32,930 San Diego County Owner-Occupied 16,335 2.8% 4,245 0.7% 589,145 Renter-Occupied 56,345 10.8% 19,455 3.7% 522,595 Source: HUD CHAS Data (2013-2017 ACS), 2020. 2022/09/13 City Council Post Agenda Page 404 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-43 Figure 1-171715: Concentration of Overcrowded Households Source: HCD Data Viewer, 2020 HUD CHAS Data, 2021. 2022/09/13 City Council Post Agenda Page 405 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-44 Substandard Housing Incomplete plumbing or kitchen facilities can be used to measure substandard housing conditions. In Chula Vista, 0.1% of owner-occupied households and 0.4% percent of renter- occupied households lack complete plumbing or kitchen facilities, fewer compared to the County (Table 1-8Table 1-8Table 1-8). Table 1-8: Substandard Housing Conditions Lacking Complete Plumbing or Kitchen Facilities Total HHs Households % Chula Vista Owner-Occupied 30 0.1% 45,550 Renter-Occupied 137 0.4% 32,930 San Diego County Owner-Occupied 2,115 0.4% 589,145 Renter-Occupied 8,320 1.6% 522,595 Source: HUD CHAS Data (2013-2017 ACS), 2020. Housing age can also be used as an indicator for substandard housing and rehabilitation needs. Homes may begin to require major repairs or rehabilitation at 30 to 40 years of age. According to the 2015-2019 ACS, approximately 45.3 percent of the housing stock in Chula Vista was built prior to 1980 and may be susceptible to deterioration, compared to 53.3 percent Countywide. As shown in Figure 1-18Figure 1-18Figure 1-16, housing units on the western side of the City tend to be older than units in tracts on the eastern side. The median year built for tracts on the western side range from 1955 to 1982, compared to 1971 to 2008 on the eastern side. The City is committed to continuing our Community Housing Improvement Program (CHIP) in these areas identified within Western Chula Vista. Additionally, we will be continuing to implement Rental Housing Rehabilitation in the Northwestern portion of the City. The City will continue Multifamily Housing Inspections and Mobilehome Inspection Programs to assist in identifying those homes in the Western portion of the City. The City will continue to implement Energy Conservation and Energy Efficiencies within these identified areas. Formatted: Font: Bold Formatted: Font: Not Italic 2022/09/13 City Council Post Agenda Page 406 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-45 Figure 1-181816: Median Year Built - Housing Units Source: ACS 2015-2019 (5-Year Estimate). Displacement Risk HCD defines sensitive communities as “communities [that] currently have populations vulnerable to displacement in the event of increased development or drastic shifts in housing cost.” The following characteristics define a vulnerable community: • The share of very low income residents is above 20%; and • The tract meets two of the following criteria:  Share of renters is above 40%,  Share of people of color is above 50%,  Share of very low-income households (50% AMI or below) that are severely rent burdened households is above the county median,  They or areas in close proximity have been experiencing displacement pressures (percent change in rent above County median for rent increases), or  Difference between tract median rent and median rent for surrounding tracts above median for all tracts in county (rent gap). 2022/09/13 City Council Post Agenda Page 407 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-46 HCD has identified vulnerable communities in the western and central sections of the City (Figure 1-19Figure 1-19Figure 1-17). These areas also have higher concentrations of children in female- households, and overcrowded households (see Figure 1-4Figure 1-4Figure 1-4, Figure 1-5Figure vulnerable communities on the western side of the City are also considered Low Resource areas (see Figure 1-11Figure 1-11Figure 1-9). 2022/09/13 City Council Post Agenda Page 408 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-47 Figure 1-191917: Sensitive Communities At-Risk of Displacement Source: HCD Data Viewer, Urban Displacement Project, 2021. 2022/09/13 City Council Post Agenda Page 409 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-48 6. Summary of Fair Housing Issues Table 1-9Table 1-9Table 1-9 below, summarizes the fair housing issues identified in this Fair housing issues were most prevalent in the western side of the City, specifically west of the Inland Freeway (Interstate 805). Table 1-9: Summary of Fair Housing Issues Fair Housing Issue Summary Enforcement and Outreach  Between 2014 and 2019, 29 fair housing cases were filed by Chula Vista residents; 51% related to disability, 14% related to familial status, and 11% related to retaliation.  Between FY 2015 and 2020, eight Chula Vista sites were tested for discrimination; one site showed differential treatment on the basis of race.  CSA conducts outreach and education in Chula Vista and throughout San Diego County.  Chula Vista has committed to complying with the Fair Housing Act and related regulations. Integration and Segregation Race/Ethnicity  83.2% of Chula Vista residents belong to a racial/ethnic minority group.  Based on dissimilarity indices for Chula Vista, segregation between all non-White and White communities is low.  All but one block groups in the City have racial/ethnic minority populations exceeding 61%. Disability  9.7% of Chula Vista residents have a disability.  Tracts with higher concentrations of persons with disabilities (between 10% and 20%) are located on the western side of the City and along the northern City boundary. Familial Status  40% of Chula Vista households have one or more children under 18; 11% of households are single-parent households; 8% of households are single-parent female-headed households.  Tracts with a high percentage of children in married- couple households are most concentrated in the northeast and central sections of the City. 2022/09/13 City Council Post Agenda Page 410 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-49  Tracts with a high percentage of children in female- headed households are most concentrated in the northwest section of the City. Income  45.6% of Chula Vista households earn 80% or less than the area median family income.  Tracts with larger LMI populations (>50%) are concentrated on the western side of the City Racially/Ethnically Concentrated Areas of Poverty Racially/Ethnically Concentrated Areas of Poverty (R/ECAPs)  There is one R/ECAP in Chula Vista located in the northwestern part of the City. Racially/Ethnically Concentrated Areas of Poverty (RCAAs)  There is one tract in Chula Vista with a predominantly White population and median income exceeding $125,000 located in the northeastern corner of the City. Access to Opportunities  According to HUD Opportunity Indicators, Hispanic residents are most impacted by poverty, low labor market participation, and poor environmental quality; Native American residents are most impacted by low school proficiency; Asian residents have the least access to employment opportunities.  The western side of the City is categorized as Low Resource; there are three tracts categorized as areas of High Segregation and Poverty, all located on the western side of the City. Economic  Tracts on the western side of the City have the lowest economic score; tracts along the northeastern border have the highest economic score. Education  Tracts with the lowest education score are most concentrated in the southwestern section of the City; tracts in the central eastern section of the City received the highest education scores. Environmental  Tracts along the western, eastern, and southern City boundaries all received low environmental scores. Transportation  Chula Vista’s Transit Performance Score is lower than surrounding cities but higher than San Diego County; 3.5% of residents are commuters that use public transit.  Most of the City is located furthest from employment opportunities; the northwestern corner of the City has the highest job proximity indices. Disproportionate Housing Needs  37% of owner-occupied households and 64.1% of renter-occupied households have a housing problem. 2022/09/13 City Council Post Agenda Page 411 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-50  Pacific Islander renter-households have the highest rate of housing problems in the City (71%). Cost Burden  Pacific Islander and Hispanic renter-households have the highest rate of cost burden (71% and 60%).  Overpaying owner-households are most concentrated in tracts along the western border.  Overpaying renter-households are generally not concentrated in one area; tracts in the central northern section of the City have the least overpaying renters. Overcrowding  4.4% of owner-occupied households and 17.1% of renter-occupied households are overcrowded.  Overcrowding is most common in tracts on the western side of the City. Substandard Housing  0.1% of owner-occupied households and 0.4% of renter-occupied households lack complete plumbing or kitchen facilities.  45.3% of the housing stock was built prior to 1980 and may be susceptible to deterioration. Displacement Risk  Most of the western side of the City is considered vulnerable to displacement; some tracts in the central areas of the City are also considered vulnerable. The City of Chula Vista participated in the 2020 San Diego Regional Analysis of Impediments to Fair Housing (2020 Regional AI). The 2020 Regional AI concluded that the following were impediments to Fair Housing Choice in the San Diego Area (regional impediments shown in bold). The relevance to Chula Vista is included below:  Hispanics and Blacks continue to be under-represented in the homebuyer market and experienced large disparities in loan approval rates. Hispanics were most underrepresented in Imperial Beach, Vista, and Escondido and the lowest approval rates for Blacks and Hispanics compared to Whites and Asians occurred in El Cajon, Encinitas, and San Marcos.  Due to the geographic disparity in terms of rents, concentrations of Housing Choice Voucher use have occurred. There is no high concentration of HCV in Chula Vista. The City received 7.7% of Housing Choice Vouchers administered by the County but makes up 8.1% of the County population. 2022/09/13 City Council Post Agenda Page 412 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-51  Housing choices for special needs groups, especially persons with disabilities, are limited. Special needs residents, especially those that rely on SII could incur cost burdens due to a lack of affordable housing options.  Enforcement activities are limited. Fair housing services focus primarily on outreach and education; less emphasis is placed on enforcement. CSA provides fair housing services to the City of Chula Vista. The City of Chula Vista advertises Fair Housing Services through placement of a fair housing services brochure at public counters and includes fair housing information on their website. The City will continue to refer fair housing complaints to appropriate agencies. Between 2014 and 2019, CSA served 1,329 Chula Vista residents. Records for eight sites tested were provided in the 2020 Regional AI. Like the County, the City needs to place more emphasis on enforcement activities.  People obtain information through many media forms, not limited to traditional newspaper noticing or other print forms. A balance of new and old media needs to be created to expand access to fair housing resources and information with an increasing young adult and senior population in Chula Vista.  Patterns of racial and ethnic concentration are present within particular areas. The 2021 TCAC/HCD Opportunity maps identified three areas of high poverty and segregation in Chula Vista. Nearly all block groups in the City have minority populations over 61%. C. Climate Equity As Chula Vista and other cities developed, not all residents were treated fairly by institutions, such as governments and banks, or by fellow residents and businesses. Over decades, this inequality has had significant impacts to many communities, such as inequal economic participation, land-use and planning that can have negative health impacts or cause disparate educational achievement. These impacts have negatively affected Chula Vista residents and climate change will exacerbate those negative impacts. For example, if heat waves increase as expected under climate change predictions, it will be those residents who live in older buildings that typically are not well insulated or not air-conditioned, or residents who cannot afford to run older and less efficient air conditioners that will be impacted the most. To better understand and describe these types of impacts, the City initiated the Climate Equity Index. The City has already taken some steps to address the inequity, such as establishing the need to prioritize and allocate citywide resources which provide public facilities and services to communities in need, as well as to improve transportation options and accessibility for 2022/09/13 City Council Post Agenda Page 413 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-52 impacted community members in the most recent General Plan Update. Measures designed to increase equity were also included in the 2017 Climate Action Plan, but these efforts have been hindered by a lack of local analysis. For example, because of the statewide scale of the state’s CalEnviroscreen tool, only a few census blocks are designated as disadvantaged c ommunities and using that tool for local program needs would have excluded large portions of the City that our community members feel need more assistance. Building off a similar effort completed by the City of San Diego, City staff worked with community stakeholders (listed below) to identify climate equity indicators that were the most informational and represented the concerns of residents in the impacted communities. Each of the city’s 49 census tracts were evaluated based on the selected indicators and given a CEI score between 0- 100. The census tracts were broken down into 4 quartile categories based on their relationship to other CEI scores in the community (Figure 1) and the average CEI score was 37. Figure A-202018: Climate Equity Index Scores 2022/09/13 City Council Post Agenda Page 414 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-53 D. Sites Inventory AB 686 requires the sites identified to meet the RHNA to be consistent with its duty to affirmatively further fair housing and the findings in this fair housing assessment. Figure shows the City’s Sites Inventory and R/ECAPs located within the City boundaries and Table shows the distribution of sites used to meet the City’s Regional Housing Needs Assessment (RHNA). The sites identified to meet the RHNA concentrated in the northwestern corner and southeastern areas of the City. Approximately 5.93.5% of the potential units identified are located in a R/ECAP. Only 3.61.8% of above moderate income units are in a R/ECAP, while 5.64.1% of moderate income units and 8.25.1% of lower income units are located in a R/ECAP. Table 1-10: R/ECAP - Sites Inventory Distribution R/ECAP Lower IncomeLower Income Units Moderate Income Units Above Moderate Income UnitsModerate Income Total Units Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent Not in a R/ECAP 4,54994. 9% 91.8%95 .9% 3,04298. 2% 94.4%96 .5% 4,902 96.4% 12,375 94.1% In a R/ECAP 4065.1% 8.2%4.1 % 1821.8% 5.6%3.5 % 182 3.6% 769 5.9% Grand Total 4,9554,5 19 100.0%2 ,373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted: English (United States) Formatted Formatted: English (United States) Formatted: English (United States) Formatted Formatted: English (United States) Formatted: English (United States) Formatted Formatted: English (United States) Formatted: English (United States) Formatted Formatted: English (United States) 2022/09/13 City Council Post Agenda Page 415 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-54 Figure 1-212119: R/ECAPs and Sites Inventory Figure 1-22Figure 1-22 Figure 1-20 shows the Sites Inventory by TCAC Opportunity Areas. As of the eastern side of the City is high or moderate resource, while the western section of the City is a mix of low resource areas and areas of high segregation and poverty. Most of the sites identified are located in the northwestern and southwestern sections of the City . Table 1-11Table 1-11Table 1-11 shows the breakdown of sites by TCAC Opportunity Area. Most resource tracts (60.46.1%). Approximately 24.917.2% of the total RHNA units are located in low resource tracts, 9.411.5% in high resource tracts, and 5.3% in tracts with high segregation and poverty. A larger proportion of lower income RHNA units are in low resource tracts (30.824.8%) compared to moderate income units (27.210.8%) and above moderate income units (17.313.2%). However, a larger proportion of lower income units are also located in high resource areas (15.517%) compared to moderate income units (810.8%) and above moderate income units 2022/09/13 City Council Post Agenda Page 416 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-55 (6.47%). About 4.46.5% of lower income units are in areas of high segregation and poverty, a smaller proportion than moderate and above moderate income units . Table 1-11: TCAC Opportunity Area Score - Sites Inventory Distribution TCAC Opportunity Score (Census Tract) Lower Income UnitsLower Income Moderate Income Units Moderate IncomeAbove Moderate Income Units Total Units Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent Low Resource 1,52524. 8% 30.8%10. 8% 87713.2 % 27.2%17. 2% 877 17.3% 3,278 24.9% Moderate Resource (Rapidly Changing) 00.0% 0.0%0.0 % 00.0% 0.0%0.0 % 0 0.0% 0 0.0% Moderate Resource 2,44551. 7% 49.3%77. 3% 1,85073. 9% 57.4%66. 1% 3,640 71.6% 7,935 60.4% Highest Segregation & Poverty 2186.5% 4.4%1.0 % 2396.1% 7.4%5.3 % 239 4.7% 696 5.3% High Resource 76817.0 % 15.5%10. 8% 2576.7% 8.0%11.5 % 327 6.4% 1,235 9.4% Highest Resource 00.0% 0.0%0.0 % 00.0% 0.0%0.0 % 0 0.0% 0 0.0% Grand Total 4,9554,5 19 100.0%2, 373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 417 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-56 Figure 1-222220: TCAC Opportunity Areas and Sites Inventory Table 1-12Table 1-12Table 1-12 shows that nearly all sites used to meet the RHNA are in areas with racial/ethnic minority populations exceeding 80%. As shown in Figure 1-23Figure 1-23 Figure 1-21, most of the City is made up of block groups with racial/ethnic minority populations between 61% and 100%. Almost all lower income RHNA units are located in block groups where the racial/ethnic minority population exceeds 80% (99.9% of units), compared to 9 3.62.9% of moderate income units and 99.27.9% of above moderate income units. However, the City’s Formatted: Font: Bold Formatted: Font: 12 pt, Bold Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 418 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-57 RHNA sites distribution is fairly consistent with the City’s overall demographic profile. The RHNA sites are not disproportionately concentrated in areas of minority concentration. Table 1-12: Racial/Ethnic Minority Population - Sites Inventory Distribution Racial/Ethnic Minority Population Pop. Lower Income UnitsLower Income Moderate Income Units Moderate IncomeAbove Moderate Income Units Total Units Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent 41% - 60% 00.0% 0.0%0.0 % 120.6% 0.4%0.2 % 12 0.2% 23 0.2% 61% - 80% 50.1% 0.1%7.1 % 1941.6% 6.0%2.1 % 29 0.6% 228 1.7% >80% 4,95099. 9% 99.9%92 .9% 3,01797. 9% 93.6%97 .7% 5,042 99.2% 12,892 98.1% Grand Total 4,9554,5 19 100.0%2 ,373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 419 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-58 Figure 1-232321: Racial/Ethnic Minority Concentration and Sites Inventory Table 1-13Table 1-13Table 1-13 and Figure 1-24Figure 1-24 Figure 1-22 show the distribution of no tracts in the City where the population of persons with disabilities exceeds 20%. Approximately 7481% of all RHNA units are in tracts where the disabled population is below 10%, the remaining 2619% of RHNA units are located in tracts where the disabled population is between 10% and 20%. Fewer More lower income RHNA units are located in tracts with a disabled population between 10% and 20% (30.875.2% of lower income units), compared to 30.188.3% of moderate income units, and 19.182.6% of above moderate income units. Table 1-13: Disabled Population - Sites Inventory Distribution Disabled Population Lower Income UnitsLower Income Above Moderate Income Above Moderate Income Total Units 2022/09/13 City Council Post Agenda Page 420 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-59 Moderate Income Units UnitsModerate Income Total Units Units Percent Units Percent Units Percent Units Percent < 10% 3,42775. 2% 69.2%88. 3% 2,25482. 6% 69.9%80. 9% 4,114 80.9% 9,678 73.6% 10% - 20% 1,52824. 8% 30.8%11. 7% 96917.4 % 30.1%19. 1% 969 19.1% 3,466 26.4% Grand Total 4,9554,5 19 100.0%2 ,373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Figure 1-242422: Disabled Population and Sites Inventory Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 421 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-60 Table 1-14Table 1-14Table 1-14 and Figure 1-25Figure 1-25Figure 1-23 show the distribution of couple households. Tracts on the western side of the City tend to have fewer children in married couple households compared to the rest of Chula Vista. Approximately 7686% of all RHNA units are in tracts where the percent of children in married couple households is between 60% and 80%. More lower income RHNA units are located in tracts where fewer than 60% of children are in married couple households (28.718.8% of lower income units), compared to 25.55.8% of moderate income units and 16.211.7% of above moderate income units. Table 1-14: Percent of Children in Married Couple Households - Sites Inventory Distribution Children in Married Couple Households Lower Income UnitsLower Income Moderate Income Units Above Moderate Income Units Total UnitsModerate Income Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent 20% - 40% 4065.1% 8.2%4.1 % 1821.8% 5.6%3.5 % 182 3.6% 769 5.9% 40% - 60% 1,01613. 7% 20.5%1. 7% 6399.9% 19.8%9. 7% 639 12.6% 2,294 17.5% 60% - 80% 3,47579. 6% 70.1%93 .2% 2,36388. 2% 73.3%85 .9% 4,223 83.1% 9,944 75.7% >80% 581.7% 1.2%1.0 % 390.1% 1.2%0.9 % 39 0.8% 136 1.0% Grand Total 4,9554,5 19 100.0%2 ,373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 422 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-61 Figure 1-252523: Percent of Children in Married Couple Households and Sites Inventory Table 1-15Table 1-15Table 1-15 and Figure 1-26Figure 1-26 Figure 1-24 show the distribution of headed households. Tracts in the northwestern corner of the City have higher concentrations of children in female-headed households compared to the rest of the City. Approximately 6268.8% of all RHNA units are in tracts where the percent of children in female -headed households is between 20% and 40%, while 15.318.8% are in tracts where less than 20% of children are in female-headed households, and 22.712.4% are in tracts where 40% to 60% of children are in female-headed households. More A larger proportion of lower income RHNA units are located in tracts where fewer than 20% of children are in female-headed households (19.324.7% of lower income units), compared to 1717.9% of moderate income units and 12.213.9% of above moderate income units. 2022/09/13 City Council Post Agenda Page 423 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-62 Table 1-15: Percent of Children in Female-Headed Households - Sites Inventory Distribution Children in Female- Headed Households Lower Income UnitsLower Income Moderate Income Units Above Moderate Income UnitsModerate Income Total Units Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent < 20% 95824.7 % 19.3%1 7.9% 54913.9 % 17.0%1 8.8% 619 12.2% 2,010 15.3% 20% - 40% 2,57456 .5% 52.0%7 6.4% 1,89376 .4% 58.7%6 8.8% 3,683 72.5% 8,150 62.0% 40% - 60% 1,42218 .8% 28.7%5. 7% 7819.7 % 24.2%1 2.4% 781 15.4% 2,984 22.7% Grand Total 4,9554, 519 100.0% 2,373 3,2234, 889 100.0% 11,781 5,083 100.0% 13,144 100.0% Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 424 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-63 Figure 1-262624: Percent of Children in Female-Headed Households and Sites Inventory Table 1-16Table 1-16Table 1-16 shows the distribution of RHNA units by the LMI population. As shown in Figure 1-27Figure 1-27Figure 1-25, tracts with larger LMI population are more concentrated on the western side of the City. RHNA sites are most concentrated in the northwestern and southeastern sections of the City. Over 6775% of RHNA units are located in tracts with a LMI population lower than 25%. Compared moderate and above moderate income RHNA units, a greater proportion of lower income units are located in tracts where LMI households make up 75% to 100% of the population. Of lower income RHNA units, 35.2% are in LMI areas where more than 50% of households are low or moderate income compared to 33% of moderate income units and 20.9% of above moderate income units. Approximately 6466.9% Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 425 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-64 of lower income units, 5980.2% of moderate income units, and 7780.5% of above moderate income units are in tracts where the LMI population is below 25%. Table 1-16: LMI Population - Sites Inventory Distribution LMI Population Lower Income UnitsLower Income Moderate Income Units Above Moderate Income Units Total UnitsModerate Income Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent < 25% 3,14966. 9% 63.6%80. 2% 1,90380. 5% 59.0%75. 2% 3,928 77.3% 8,863 67.4% 25% - 50% 631.8% 1.3%8.1 % 2552.7% 7.9%3.4 % 90 1.8% 409 3.1% 50% - 75% 670.4% 1.3%4.6 % 38311.1 % 11.9%5.7 % 383 7.5% 833 6.3% 75% - 100% 1,67630. 9% 33.8%7.1 % 6825.7% 21.1%15. 7% 682 13.4% 3,039 23.1% Grand Total 4,9554,5 19 100.0%2, 373 3,2234,8 89 100.0%1 1,781 5,083 100.0% 13,144 100.0% Formatted: (none) Formatted: (none) Formatted: (none) Formatted: (none) 2022/09/13 City Council Post Agenda Page 426 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-65 Figure 1-272725: LMI Population and Sites Inventory The Office of Environmental Health Hazard Assessment released updated environmental scores in February 2020 (CalEnviroscreen 4.0). CalEnviroscreen 4.0 scores based on percentiles; the lower the percentile score, the better the environmental conditions in a given tract. The western side of the City tends to have worse environmental conditions compared to the easte rn side. The largest proportion of RHNA units (58%) are in tracts scoring in the 31st to 40th percentile range. There are more lower income units in tracts with worse CalEnviroScreen 4.0 scores in the 91 st percentile or above (20%)) compared to moderate income units (11.7%) and above moderate income units (7.4%). However, a larger proportion of lower income units (15.5%) are also in tracts scoring between the 11-20th percentiles, indicating good environmental quality, compared to moderate income units (8%) and above moderate income units (6.4%). The City’s RHNA strategy does not concentrate RHNA units of a single income category in tracts with better or worse environmental scores. 2022/09/13 City Council Post Agenda Page 427 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-66 Table 1-171716: CalEnviroScreen 4.0 Percentile Score - Sites Inventory Distribution CalEnviro Screen 4.0 Score Lower Income Moderate Income Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent 11-20% 768 15.5% 257 8.0% 327 6.4% 1,235 9.4% 21-30% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 31-40% 2,382 48.1% 1,646 51.1% 3,601 70.8% 7,629 58.0% 41-50% 30 0.6% 248 7.7% 248 4.9% 527 4.0% 51-60% 63 1.3% 216 6.7% 51 1.0% 330 2.5% 61-70% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 71-80% 133 2.7% 267 8.3% 267 5.2% 666 5.1% 81-90% 594 12.0% 212 6.6% 212 4.2% 1,018 7.7% 91-100% 989 20.0% 377 11.7% 377 7.4% 1,740 13.2% Grand Total 4,955 100.0% 3,223 100.0% 5,083 100.0% 13,144 100.0% 2022/09/13 City Council Post Agenda Page 428 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-67 Figure 1-282827: LMI PopulationCalEnviroScreen 4.0 Percentile Score and Sites Inventory Chula Vista is comprised of mostly tracts where 40 to 60% of renters are cost burdened. There are also several tracts where 60 to 80% of renters are cost burdened and three tracts where 20 to 40% of renters are cost burdened. Consistent with the Citywide trend, 90.6% of RHNA units are in tracts where 40 to 60% of renters overpay for housing including 91.2% of lower income units, 87.5% of moderate income units , and 92.1% of above moderate income units. The remaining units are in tracts where 60 to 80% of renters overpay for housing. It is relevant to note that the tract containing RHNA units with the largest proportion of cost burdened renters has an overpaying renter population of only 69.4%. The ranges presented below may exaggerate the actual percentages of cost burdened renters in certain tracts. The distribution of RHNA units by population of cost burdened renters is consis tent with the overall trend in Chula Vista. 2022/09/13 City Council Post Agenda Page 429 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-68 Table 1-181817: Cost Burdened Renters - Sites Inventory Distribution Cost Burdened Renter Pop. Lower Income Moderate Income Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent 40-60% 4,519 91.2% 2,821 87.5% 4,681 92.1% 11,904 90.6% 60-80% 436 8.8% 402 12.5% 402 7.9% 1,240 9.4% Grand Total 4,955 100.0% 3,223 100.0% 5,083 100.0% 13,144 100.0% Figure 1-292928: Cost Burdened Renter Population and Sites Inventory In most tracts in the City, between 20 and 60% of owners are cost burdened. There are three tracts along the western City boundary where more than 60% of owners overpay for housing. Most RHNA units (66.8%) are in tracts where 40 to 60% of owners are cost burdened. The remaining RHNA units are evenly distributed between tracts where 20 to 40% of owners are cost 2022/09/13 City Council Post Agenda Page 430 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-69 burdened (16.7% of units) and 60 to 80% of owners are cost burdened (16.5% of units). A larger proportion of lower income units (23.9%) are in tracts where more than 60% of owners overpay for housing compared to moderate income units (15.2%) and above moderate income units (9.7%). Despite this, RHNA units are generally distributed throughout tracts with various levels of overpayment. The City’s RHNA strategy does not concentrate lower or moderate income units in areas where overpayment is more prevalent. Table 1-191918: Cost Burdened Owners - Sites Inventory Distribution Cost Burdened Owner Pop. Lower Income Moderate Income Above Moderate Income Total Units Units Percent Units Percent Units Percent Units Percent 20-40% 887 17.9% 760 23.6% 665 13.1% 2,196 16.7% 40-60% 2,884 58.2% 1,971 61.2% 3,926 77.2% 8,781 66.8% 60-80% 1,183 23.9% 491 15.2% 491 9.7% 2,166 16.5% Grand Total 4,955 100.0% 3,223 100.0% 5,083 100.0% 13,144 100.0% 2022/09/13 City Council Post Agenda Page 431 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-70 Figure 1-303029: Cost Burdened Renter Population and Sites Inventory Overcrowding is a prevalent issue, specifically on the western side of the City. There are multiple tracts where the population of overcrowded households exceeds the Statewide average of 8.2%, including one tract where more than 20% of households are overcrowded. Most RHNA units (77.8%) are in tracts where fewer than 8.2% of households are overcrowded, including 73.6% of lower income units, 75% of moderate income units, and 841% of above moderat e income units. A larger proportion of lower income units are in tracts where more than 15.1% of households are overcrowded (25.7%), compared to moderate income units (15.5%) and above moderate income units (9.8%). Table 1-202019: Overcrowded Households - Sites Inventory Distribution Lower Income Moderate Income Above Moderate Income Total Units 2022/09/13 City Council Post Agenda Page 432 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-71 Over- crowded Households Units Percent Units Percent Units Percent Units Percent <=8.2% 3,645 73.6% 2,417 75.0% 4,277 84.1% 10,221 77.8% 8.3-12% 40 0.8% 306 9.5% 306 6.0% 653 5.0% 12.1-15% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 15.1-20% 284 5.7% 123 3.8% 123 2.4% 530 4.0% >20% 989 20.0% 377 11.7% 377 7.4% 1,740 13.2% Grand Total 4,955 100.0% 3,223 100.0% 5,083 100.0% 13,144 100.0% Figure 1-313130: Cost Burdened Renter Population and Sites Inventory A summary of the distribution of RHNA units by tract and AFFH variable is shown in Table 1-21Table 1-21. The largest proportion of RHNA units are allocated in tracts 125.02 (1,740 units) in the northwestern corner of the City and tracts 133.13 (7,629 units) and 133.14 (1,235 units) in Formatted: Font: Bold 2022/09/13 City Council Post Agenda Page 433 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-72 the southeast area of the City. As shown in Figure 1-32Figure 1-32, RHNA sites are located in the northwestern and southeastern areas of the City. In the northwestern area (tracts 1 23.02 through 132.05), fair housing issues are more prevalent. All the tracts containing RHNA units in this area are considered sensitive communities at risk of displacement. There are also two TCAC- designated areas of high segregation and poverty and one R/ECAP containing RHNA units in this area. Housing problems are more prevalent on the western side of the City compared to the eastern side, including overcrowding and cost burden. Western tracts also have larger non-White populations and LMI household populations. The tracts on the eastern side of the City (tracts 1 33.13 and 133.14) are classified as moderate and high resource areas, respectively, and are not characterized as sensitive communities at risk of displacement. LMI populations are significantly smaller in these tracts compared to the tracts containing RHNA units on the western side of the City. While there are clear overlapping fair housing issues present on the western side of the City, Chula Vista’s RHNA strategy promotes a variety of housing types in areas with variable levels of fair housing issues. Given the character of Chula Vista overall, allocating RHNA units in areas where fair housing issues are prevalent is unavoidable. Lower and moderate income units located in both the western and eastern sides of the City ensure existing populations are served while encouraging mixed used communities and mobility within Chula Vista. The City’s RHNA strategy, along with actions aimed to affirmatively further fair housing outlined in this Housing Element, does not exacerbate existing fair housing conditions. 2022/09/13 City Council Post Agenda Page 434 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-73 Table 1 -212120: Sites Inventory Summary by Tract Tract # of HHs in Tract Total Capacity (Units Income Distribution % Non- White Pop. % LMI HHs TCAC Opp. Cat. % Overpay Rent % Overpay Own % Over- crowded HHs R/ECAP Sens. Comm. Lower Moderate Above Moderate 123.02 746 448 30 209 209 80.3% 51.5% High Seg. & Pov. 68.8% 38.7% 9.9% No Yes 123.03 1,250 23 0 12 12 48.0% 34.3% Low 67.7% 51.1% 3.6% No Yes 123.04 1,289 170 5 165 0 66.4% 40.3% Moderate 57.5% 39.2% 7.6% No Yes 124.01 1,345 28 0 14 14 88.4% 65.1% Low 41.8% 39.8% 9.3% No Yes 124.02 1,932 180 27 77 77 80.5- 87.5% 65.6% Low 54.0% 25.9% 7.7% No Yes 125.01 1,255 769 406 182 182 80.8- 93.6% 75.6% Low 69.4% 47.0% 6.8% Yes Yes 125.02 1,501 1,740 986 377 377 91.7- 92.4% 78.8% Low 49.3% 61.6% 20.9% No Yes 126 1,493 177 10 84 84 81.6- 91.5% 68.1% Low 57.0% 63.7% 11.2% No Yes 127 1,792 281 96 92 92 86.1- 86.2% 82.8% Low 54.1% 56.9% 15.9% No Yes 128 1,421 136 58 39 39 83.3% 45.9% Moderate 55.4% 33.1% 5.1% No Yes 130 1,758 79 0 40 40 79.5- 85.9% 45.7% Low 51.8% 55.3% 7.3% No Yes 132.05 653 249 188 31 31 93.3% 77.6% High Seg. & Pov. 51.7% 60.2% 15.8% No Yes 133.13 5,360 7,629 2,382 1,646 3,601 86.4% 21.4% Moderate 46.5% 40.1% 2.6% No No 133.14 5,708 1,235 768 257 327 82.9% 17.3% High 56.2% 35.2% 1.4% No No Total 13,144 4,955 3,223 5,083 2022/09/13 City Council Post Agenda Page 435 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-74 Figure 1 -323231 : Sites Inventory 2022/09/13 City Council Post Agenda Page 436 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-75 E. Identification and Prioritization of Contributing Factors The following are contributing factors that affect fair housing choice in Chula Vista . 1. Insufficient and inaccessible outreach and enforcement The 2020 Regional AI and the Fair Housing assessment found that outreach and enforcement were inadequate. While the City has fair housing information on its website, it lacks up -to-date information on current fair housing law. The reliance on old print media to advertise meetings also hinders outreach efforts . The analysis also found that as of 2020, only eight sites were tested for potential discrimination in Chula Vista; fewer than smaller San Diego County jurisdictions such as Carlsbad (47 sites), Encini tas (13 sites), Escondido (53 sites), Oceanside (47 sites), and Vista (45 sites). Contributing Factors:  Lack of a variety of media inputs  Lack of marketing community meetings  Insufficient fair housing law enforcement and testing 2. Concentration of minorities, LMI households, and special needs groups The analysis found a concentration of low-moderate income minority households in the western census tracts of the City. Tracts on the western side of the City also had higher concentrations of children in female-headed households and overcrowded households. These tracts are also considered vulnerable communities at-risk of displacement and offer fewer economic and education opportunities compared to the rest of the City. There is a significantly larger concentration of public housing buildings, subsidized housing units, and mobile home parks in the western side of the City where overlapping populations of interest are present. These households need increased access to affordable housing and improved infrastructure and public facilities. Contributing Factors:  Lack of private investments 2022/09/13 City Council Post Agenda Page 437 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-76  Locati on and type of affordable housing  Inaccessible sidewalks, pedestrian crossings, or oth er infrastructure 3. Substandard Housing Conditions Census tracts in the western part of the City tend to be older than the eastern side. Tracts on the western side are also at a higher risk of displacement. A larger concentration of households in this area are low or moderate income compared to other areas of the City. Public housing buildings, subsidized housing units, and mobile home parks, which typically serve lower income households, are most concentrated in this area. The City’s Community Housing Improvement Program is available to households in CDBG eligible census tracts and to mobile home residents Citywide. Contributing Factors:  Age of housing stock  Cost of repairs or rehabilitation 4. Displacement risk of low income residents due to ec onomic pressure Census tracts in the western area of the City are at risk of displacement and have high concentrations of LMI households. In this area, there is a higher concentration of overpaying homeowners. Between 60% and 100% of renters in these tracts also experience cost burden. Contributing Factors:  Unaffordable rents  Concentration of poverty in some census tracts  Availability of affordable housing F. Priorities, Goals, and Actions As described below in Table 1-222217: Summary Matrix of Fair Housing Issues and Actions for Mitigation, the City of Chula Vista and its Fair Housing Provider will be responsible to ensure that the items described are addressed during the 6th Housing Element Cycle using its available funding sources. Quantifiable objectives and outcomes are further described bel ow under City Actions. Responsible Agencies: 2022/09/13 City Council Post Agenda Page 438 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-77  City of Chula Vista - Housing Division  CSA of San Diego County (Fair Housing Provider) Financing:  Community Development Block Grant (CDBG)  Home Investment Partnership Act (HOME)  Emergency Solutions Grant (ESG)  Chula Vista Housing Authority funds including In Lieu Fees  Low -and-Moderate Income Housing Asset fund  U.S Treasury and HCD Emergency Rental Assistance funding  Cal -Home funding from HCD  Low Income Housing Tax Credits  Bond Financing - Chula Vista Housing Authority (as bond issuer) Table 1-232318: Summary Matrix of Fair Housing Issues and Actions for Mitigation AFH Identified Fair Housing Issue Contributing Factors City Actions Fair Housing Enforcement and Outreach Housing Mobility Insufficient and inaccessible outreach and enforcement:  Lack of variety of outreach to inform residents of their rights under the Fair Housing Act and State Fair Housing Laws.  Participate in the quarterly SDRAFFH meetings and other events to coordinate regional responses to housing discrimination issue.  Increase funding to the City’s Fair Housing Services Provider to increase outreach efforts and to have a greater social media presence, including: o Developing a pocket guide of fair housing resources in year one for distribution and updating as needed; o Conducting a minimum of four (4) events per year, including at least three (3) in the RECAP CT during the planning period; and o Holding a minimum of two (2) property manager trainings per year.  Leverage HUD’s FHIP Grants with the City’s CDBG funds to conduct random testing. Require the City’s Fair Housing Provide to 2022/09/13 City Council Post Agenda Page 439 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-78 conduct random testing at three (3) properties per year.  Work with the City of Chula Vi sta’s Office of Communications to ensure that the City of Chula Vista social media informs residents and landlords on where to seek help for Fair Housing related issues, including tenant/landlord disputes.  Update the City of Chula Vista website to include additional information on State source of income protections (SB329 and SB229).  Promote the County of San Diego’s Housing Choice Voucher Program to eligible residents who access the City’s website, call the Housing Line at 619-691-5047 or visit the Housing Division offices in person. In addition, staff shall monitor usage in the RECAP CT and provide additional education of the program as necessary.  Encourage s ubrecipients who receive CDBG funding to enroll/sign up their clients for the Housing Choice Voucher program and public housing units in Chula Vista. 2022/09/13 City Council Post Agenda Page 440 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-79 New Housing Choices in Areas of High Opportunities Place-Based Strategies to Encourage Community Revitalization Concentration of minorities and LMI households and special needs groups:  Lack of private investment  Location and type of affordable housing  Inaccessible sidewalks and pedestrian crossings, or other infrastructure Encourage mixed income strategy in housing development by:  Promoting development of affordable housing in areas of high opportunity and near transit corridors.  Increasing the visibility of the City’s Density Bonus incentives and concessions.  Invest in aging infrastructure using Measure P funding and other grant funds such as Gas Tax funding and CDBG funding.  Support the Annual Beautify Chula Vista Event to improve neighborhoods.  Encourage Developers to use LIHTC using a mixed income approach versus only providing units at 50% and 60% AMI.  Implement the City’s Climate Action Plan to promote Climate Equity: o Update the Climate Equity Index every five years to identify census tracts for improvements in the following categories: environmental, socioeconomic, health, and mobility. o Increase outreach and engagement in high scoring census tracts. o Seek funding for high scoring census tracts. Substandard housing conditions:  Age of housing stock  Cost of repairs or rehabilitation  Review the Community Housing Improvement Program (CHIP) for program effectiveness and modify as appropriate.  Promote the City’s CHIP to displacement risk areas (CDBG-Eligible Census Tracks) and to mobile home residents (Citywide), resulting in assistance to ten (10) households during the 6th cycle. 2022/09/13 City Council Post Agenda Page 441 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-80 Protecting Residents from Displacement (AB3) Displacement risk of low- income residents due to economic pressure:  Unaffordable rents  Concentration of poverty in some census tracts  Availability of affordable housing  Provide 200 residents annually with information and referral services to access City funded programs such as housing rehabilitation assistance, first time homebuyer programs, affordable rental listing, Fair Housing Services. Services provided in persons or via phone at 619- 691-5047.  Promote the City’s rent review program for eligibility mobile home rents (Chapter 9.50 of the Chula Vista Municipal Code) and conduct at least two (2) educational events at parks annually, including at least three (3) events at mobilehome parks within the RECAP CT within the planning period.  The City’s Fair Housing provider shall conduct an Annual Fair Housing Event in coordination with the SDRAFF.  Promote the City of Chula Vista’s First Time Homebuyer Program through annual outreach to affordable housing complexes and holding at least three (3) homebuyer fairs during the 6th cycle.  Assist five (5) households through the First Time Homebuyer Program annually.  Promote the City’s Emergency Rental Assistance, Utility Assistance and Tenant Based Rental Assistance programs to special needs populations and the community at large, assisting up to 20 households annually.  Work with Developers to build affordable housing in-line with their obligations under the City’s Balanced Communities Policy (e.g. Inclusionary Housing).  Invest HOME funds, Low Mod funds, and Inclusionary Housing funds to support affordable housing development for 2022/09/13 City Council Post Agenda Page 442 of 809 HOUSING ELEMENT 2021-2029 APPENDIX E Page AE-81 extremely low and very low-income households including but not limited to special needs and permanent supportive housing.  Fund three (3) Permanent Supportive Housing projects and three (3) Low- Income Housing projects during the 6th cycle that will create 500 affordable rental units .  Consider local regulations to increase tenant protections within the City related to just cause, Ellis Act and anti -harassment laws. Conclusion The City of Chula Vista is committed to fair housing practices that protect against housing discrimination due to race, color, religion, national origin, sex, disability, familial status, age, marital status, or sexual orientation, and places a high priority on promoting and ensuring open and free choice in housing for all persons. The City recognizes that free and equal access to residential housing (housing choice) is fundamental to meeting essential needs and pursuing personal, educational, employment or other goals. It is the City's intent to maintain and promote a nondiscriminatory environment in all aspects of the private and publicly funded housing markets within Chula Vista, and to foster compliance with the nondiscrimination provisions of the Fair Ho using Act. The City will take the necessary steps to overcome these possible impediments to fair housing choice and continues to support its on ongoing fair housing efforts to educate residents as well as support affordable housing programs and policies as outlined. 2022/09/13 City Council Post Agenda Page 443 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-1 5TH CYCLE ACCOMPLISHMENTS 1.1 Overview State Housing Element Law requires jurisdictions to review the progress and performance of past housing elements goals and objectives. The evaluation should be quantified where possible (e.g. the number of units rehabilitated) but may be qualitative as ne cessary (e.g. mitigation of governmental constraints). Where significant shortfalls between the targeted objective and the City’s achievement are identified, the reasons should be discussed. This section discusses the progress of the goals and objectives defined in the 2005-2010 Housing Element. 1.0 2022/09/13 City Council Post Agenda Page 444 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-2 City of Chula Vista General Plan This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 445 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-3 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2022/09/13 City Council Post Agenda Page 446 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-4 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness Maintain and Enhance the Quality and Sustainability of Housing and Residential Neighborhoods 1.1.1 Rehabilitation of Owner Occupied Housing Continue implementation of the City’s Community Housing Improvement Program (CHIP) for low-income homeowners. Leverage its Home Upgrade, Carbon Downgrade (HUCD) program to better serve low- income and moderate-income residents. Integrate the HUCD program into the City’s First-Time Homebuyers Program as an optional financing tool. Two (2) mobilehomes and one (1) single family home were provided assistance for the repair/rehabilitation of their home through the City’s Community Housing and Improvement Program. Program participation has fluctuated due to eligibility levels of participants due to credit, home loan values and availability of contractors to complete work. During 2018, the Property Assessed Clean Energy (PACE) programs, a private-public partnership, financed over 447 projects for a total of more than $13 million in energy and water upgrades. Over 340 no-cost home and business energy evaluations conducted, which led to over 90% of residential participants implementing a recommended energy-saving behavior or retrofit. In 2019, the waiting list for CHIP was purged by sending out supplemental questionnaires and applications were sent out to start the process of finding applicants who meet the requirements to receive assistance. In addition, one household was assisted with a loan through this program. Ongoing With 48% of its housing stock older than 40 years old and 30% of its owner occupants’ lower income, the City will need to continue to provide assistance for the rehabilitation of owner occupied housing. 2022/09/13 City Council Post Agenda Page 447 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-5 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.1.2 Encourage Climate Resilient Design Techniques To support the City of Chula Vista’s Climate Action Plan and its related goals, the City supports the following design measures to improve climate change resilience: design natural ventilation and passive solar into residential buildings; limit internal heat by specifying high-efficiency lighting and equipment; modeling of energy performance with higher cooling design temperatures; avoid building in flood zones; elevate mechanical and electrical equipment to minimize damage and danger from flooding; specify Class A roofing to reduce risk of wildfire; and design buildings to maintain livable conditions in the event of loss of power or heating fuel, or shortages of water. During 2018, staff further incorporated resiliency to climate change into City operations through completing the Water Stewardship Plan that evaluates how we can reuse water in our community to increase water resiliency. The Property Assessed Clean Energy (PACE) program, reference Section 1.1.1, provides residents and businesses with financing for energy and water upgrades, which improve their resiliency. To date, the PACE program has financed over 210 projects for a total of more than $5 million in energy and water upgrades. In 2019, the PACE program has financed over 55 projects for a total of more than $1.6 million in energy and water upgrades. Ongoing The City will continue to implement climate change building techniques as incorporated in the requirements of the building code. 2022/09/13 City Council Post Agenda Page 448 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-6 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.1.2 Neighborhood Revitalization Support a program focusing financial resources and efforts that improve the conditions and appearances of neighborhoods. This on-going program will target specific low-and moderate-income neighborhoods within Western Chula Vista that can be leveraged with other public and private investments. Infrastructure: Chula Vista voters approved Measure P – a temporary, ten-year, half- cent sales tax to fund high priority infrastructure needs. Collection of the sales tax began April 1, 2017. Notable improvements were made (in 2018) to public infrastructure and facilities, streets, civic and south libraries, recreation and senior centers, sports fields and courts, park improvements, traffic signals, and other improvements. A comprehensive list of improvements can be found on the City’s website at www.chulavistaca.gov/measurep. Parks: The City received an HCD Housing- Related Parks (HRP) Program Grant in late 2017. In 2018, planning functions were underway for the improvements to Friendship Park. The project was still underway and nearing completion in 2019. Litter: In 2018, the Beautify Chula Vista Day event (funded by a California Redemption Value grant) was 454 volunteers came out to Otay Valley Regional Park to remove graffiti removal, pick up of litter and clear invasive vegetation, Memorial Park for graffiti removal, painting, and pick up of litter, Terra Nova Park for planting of native plants, painting utility boxes, sign installation, graffiti removal and pick up of litter, and Chula Vista Community Park for graffiti removal and pick up of litter. Ongoing - As resources are available These programs will be carried out through other appropriate City plans and documents. 2022/09/13 City Council Post Agenda Page 449 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-7 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.1.3 Rental Housing Rehabilitation As part of a comprehensive neighborhood revitalization strategy, the City seeks to provide financial assistance to private property owners of existing and deteriorating multifamily rental housing within Northwest and Southwest planning areas and requiring the property owner to set aside a number of housing units for lower income households at affordable rents. Efforts will be made to target properties in such areas where privately initiated improvements in other neighborhood developments may be generated. The City continues to meet with developers as contacted regarding the inclusion of affordable housing units into existing multifamily housing. Due to current rental housing market, (e.g. high rents and low vacancy rates), there is a lack of interest by private property owners in participating in this program. Ongoing - As resources are available This program will not continue through the next Housing Element. Over the course of the past Housing Element, no private ownership has expressed interest because of restrictions of program. The City will continue to work with other affordable housing developers at such time of refinancing and re- syndication. 2022/09/13 City Council Post Agenda Page 450 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-8 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.1.4 Rental Housing Acquisition and Rehabilitation As part of a comprehensive neighborhood revitalization strategy, the City Seeks to acquire and rehabilitate existing rental housing throughout the Northwest and Southwest planning areas of the City and set aside a number of the housing units for very low- income and/or special needs households at affordable rents. Due to the current competitive housing market, the City is unable to acquire and rehabilitate property. Ongoing - As resources are available While the City has not had the opportunity to advance this program due to a competitive and small market with many private investors, efforts will be made to acquire and rehabilitate existing properties to increase the affordable housing stock in Chula Vista. 1.1.5 Funding for Housing Related Environmental Hazard Control Support applications for available Federal or State funding to reduce housing related environmental hazards, including lead hazard control, building structural safety, electrical safety, and fire protection to address multiple childhood diseases and injuries in the home, such as the Healthy Homes Initiative. Due to the City’s budgetary reductions, funding levels, priority needs and scoring criteria, the City did not respond to the U.S. Department of HUD NOFA’s for its Healthy Homes and Lead Hazard Control Programs. Resources are limited and the City has not been in a competitive situation to apply. The City will continue to evaluate needs within the community and apply for this program as necessary and as resources become available. 2022/09/13 City Council Post Agenda Page 451 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-9 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.2.1 Multifamily Housing Inspection Provide for the continuance of a multifamily inspection program that evaluates conditions of rental housing complexes of three or more units and reports violations to the City’s Code Enforcement Division regarding current health and safety codes. The City will follow up on all reports of violations to ensure the correction of any identified deficiencies. Code Enforcement staff began inspections in 2018 on 12 apartment communities through the City’s Rental Housing Program. Code Enforcement opened 771 cases for individual apartments resulting from inspections of apartment communities initiated in 2018 and in the previous year. In 2019, CE conducted a total of 183 inspections for apartment communities. In addition, 848 cases were opened for individual apartments resulting from inspections of apartment communities. Ongoing Code enforcement is an integral service in our communities to ensure that citizens are living safe and healthy lives. This program will continue as it is funded through fees collected with business licenses. 2022/09/13 City Council Post Agenda Page 452 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-10 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.2.2 Mobilehome Inspection Program Provide for the continued systematic inspection of mobilehome and trailer park communities for compliance with Title 25 of the California Code of Regulations to promote safe and sanitary housing and neighborhoods. Through Title 25, Code Enforcement staff has completed inspections at Trailer Villa Mobilehome park with 118 mobilehome spaces. The initial preparations for inspection of Chula Vista Mobilehome Park with 166 spaces began in late 2018. In 2019, Code Enforcement staff has completed 201 unit inspections throughout various parks. Ongoing This program is a requirement under State law and as a City, we have taken on this responsibility from the State. The inspections of mobilehome parks and spaces will be a continuing program as it is an integral part of our mobilehome communities' health and safety. 2022/09/13 City Council Post Agenda Page 453 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-11 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1.2.3 Code Enforcement Activities Continue Code Enforcement activities that proactively monitor housing and neighborhood conditions for adherence to minimum standards of habitability and appearance by responding to service requests from concerned citizens. Due to the growing foreclosure issue in Chula Vista, the City adopted a Residential Abandoned Properties Program (RAPP) ordinance in August 2007, which requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the City and immediately begin to secure and maintain the property to the neighborhood standard. For 2018, twenty-eight (28) residential properties were registered in the Abandoned Residential Properties Program (4 condominium and 24 single family properties). In 2019, 30 properties were registered through the Abandoned Properties Program. Code enforcement staff responded to 740 residential (e.g. apartments, duplexes, condominiums, mobile homes and single- family homes) complaints during 2018. For condos and single-family dwellings such activities included un-permitted construction, trash junk and debris, inoperable vehicles related. Forty-six of Ongoing. Code enforcement inspections will continue to be held in our communities as they are essential to maintaining neighborhood safety and addressing issues as they happen and before they worsen. The complaints addressed by Code Enforcement officers directly affect the health and safety of Chula Vista residents. 2022/09/13 City Council Post Agenda Page 454 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-12 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness the complaints were related to apartment communities for such activities as mold, roach/rodent infestations and other maintenance issues. 2022/09/13 City Council Post Agenda Page 455 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-13 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.1.1 Water Conservation Practices Promote the inclusion of state-of- the art water conservation practices in existing and new development projects where proven to be safe and environmentally sound through targeted policies and incentives in partnership with the local utilities. These practices can include, but are not limited to, low-flow plumbing fixtures, and EPA WaterSense-labeled appliances. During 2015, residential and commercial buildings met the Green Building Standard, which requires a 20% reduction in potable water use (compared to national standards) in new construction and major renovation projects and met the requirement for laundry water re-use pre-plumbing. Through its SDG&E Local Government Partnership, the City also distributed 23 water-savings devices to existing residences and businesses in 2018. Finally, the PACE program, as mentioned in Section 1.1.2, helped fund indoor and outdoor water conservation measures in existing buildings. Ongoing with the Climate Action Plan. The City will continue to implement water conservation practices through existing and future projects. These policies not only benefit our environment but also bring cost savings to residents and water independence to our region. 2022/09/13 City Council Post Agenda Page 456 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-14 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.1.2 Landscaping- Specific Water Conservation Strategies Promote the use of low water demand (WaterSmart) landscaping, which incorporates high efficiency irrigation and drought-tolerant plant materials in existing and new development. When developing landscape designs, encourage the minimal use of turf areas and the implementation of the City’s Shade Tree Policy, which requires a certain percentage of shade coverage within parking lots and along streets excluding alleyways. Water reuse techniques, such as graywater systems, rainwater harvesting, and recycled water, to meet outdoor landscaping water demand should be encouraged. The City continues to promote low water demand landscaping through its revised Landscape Water Conservation Ordinance (large parcels) and Outdoor WaterSmart Guidelines & Checklist (small parcels), both of which guide landscaping projects towards high water use efficiency. Ongoing with the Climate Action Plan. Water use efficiency is a priority for the City because of our geographic location and climate. The City will continue to improve upon these practices to achieve long-term sustainability and a sustainable water supply. 2022/09/13 City Council Post Agenda Page 457 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-15 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.1.3 New Development - Specific Water Conservation Continue to develop, update, and enforce water-related building codes and development requirements such as the City’s Landscape Water Conservation Ordinance, Green Building Standard, Design Manual, and Water Conservation Plan Guidelines (or their equivalent) as part of the residential development review and approval process. Developers shall provide homebuyers with an “Outdoor WaterSmart Package” at occupancy, which also includes information about the City of Chula Vista NatureScape program. The City continues to promote low water demand landscaping through its revised Landscape Water Conservation Ordinance (large parcels) and Outdoor WaterSmart Guidelines & Checklist (small parcels), both of which guide landscaping projects towards high water use efficiency. The City continues to require Water Conservation Plans for large developments (over 50 dwelling units or equivalent) which emphasize both indoor and outdoor water use efficiency and requires homes to be pre-plumbed for water re-use systems from clothes washers. Ongoing with the Climate Action Plan. Understanding that conservation of natural resources and long- term sustainability is a priority in our geographic area, the City will continue to encourage these efforts through innovative building codes and requirements. 2022/09/13 City Council Post Agenda Page 458 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-16 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.1.4 Public Education for Water Conservation Promote water conservation, efficiency, and reuse in the community by providing appropriately targeted public education and by offering free technical assistance in partnership with the local water districts. The City continues to work with the Sweetwater and Otay Water Districts in to host community educational workshops and distributing general water efficiency educational materials. We also created a mobile display that explains how residents can install Laundry-to-landscape systems in their own home which was displayed at community events and public buildings. In addition, the City provides free home and business water evaluations and has distributed water-saving devices over the last year. Ongoing with the Climate Action Plan. The City continues to partner with local water organizations to encourage Chula Vista residents to reduce water either through free consultations, services, or other incentives. 2022/09/13 City Council Post Agenda Page 459 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-17 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.2.1 General Energy Efficiency and Renewable Energy Strategies Maximize energy efficiency and integrate renewable energy into existing and new development projects through appropriate site and building design, energy efficient materials and appliances, onsite renewable energy systems, and home energy performance ratings by developing targeted policies consistent with the California Long-Term Energy Efficiency Strategic Plan. The City encourages energy efficiency, renewable energy, and other green building technologies and design principles in new and existing developments. During 2018, the City provided over 286 no-cost business energy evaluations and 100 home energy evaluations were conducted, which has led to participants implementing a recommended energy-saving behavior or retrofit. During 2019, the City adopted an LED requirement for commercial outdoor lighting and provided over 548 no-cost business energy evaluations and 65 home energy evaluations. In 2020 the City plans on adopting ordinances that focus on existing buildings with a retrofit energy efficiency requirement and a benchmarking ordinance. The City also joined San Diego Community Power, a JPA Community Choice Aggregator, with the goal of increasing control over local electricity sources and reduce carbon emissions. Additionally, the City launched the Chula Vista Climate Action Challenge which engages Chula Vista residents by providing information about making sustainable Ongoing with the Climate Action Plan. While the ending of the City's Local Government Partnership with SDG&E will reduce some education and outreach activities the City continues to partner with organizations to encourage Chula Vista residents to reduce energy waste and utilize clean energy through free consultations, services, or other incentives. 2022/09/13 City Council Post Agenda Page 460 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-18 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness choices in their home. Over 100 households have signed up in 2019. 2022/09/13 City Council Post Agenda Page 461 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-19 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.2.2 New Development - Specific Energy Conservation Requirements Continue to develop, update, and enforce energy-related building codes and development requirements. Applicable codes and development requirements include, but are not limited to, the City’s Green Building which includes Cool Roof standards as part of the residential development review and approval process. The City encourages energy efficiency, renewable energy, and other green building technologies and design principles in new and existing developments. In more recent years, California Building Codes are reflecting the need to implement more energy efficient construction, with more significant changes occurring with Code updates effective January 2018. To assist developers, contractors and other industry stakeholders, the City, in partnership with SDG&E, has held numerous brown bag lunch events on building code requirements, new programs, and other relevant information. The City continues to provide a “Sustainability Desk” at the building permit counter to provide technical assistance on energy conservation and other green building topics. Ongoing with the Climate Action Plan. While the ending of the City's Local Government Partnership with SDG&E will reduce some education and outreach activities the City continues to promote energy efficiency and renewable energy through energy-related building codes and development requirements. The City is developing ordinances that focus on existing buildings with a retrofit energy efficiency requirement for residential buildings and a commercial benchmarking ordinance. 2022/09/13 City Council Post Agenda Page 462 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-20 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.2.3. Zero Net Energy Home Target Facilitate progress towards the development of “Zero Net Energy” residential buildings, which have a net energy consumption of zero over a typical year as envisioned by the California Long-Term Energy Efficiency Strategic Plan. This progress will be accomplished by creating developer incentives (such as expedited permitting or reduced permit fees) and by leveraging state and federal housing funds administered by the City’s Housing Division. See comments Section 1.1.1. Ongoing with the Climate Action Plan. The City will continue to promote “Zero Net Energy” residential buildings through ongoing support and programing, such as the "Green Homes for All" program. 2022/09/13 City Council Post Agenda Page 463 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-21 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 2.2.4 Public Education for Energy Conservation Promote energy efficiency and renewable energy in the community by providing appropriately targeted public education and by offering free technical assistance from San Diego Gas & Electric. The City continues to provide energy- related materials and services through free energy evaluations, community outreach events and the Library Energy Lounges. The City continues to sponsor a “Sustainability Desk” at the building permit counter to provide technical assistance on energy conservation and other green building topics. Ongoing with the Climate Action Plan. While the ending of the City's Local Government Partnership with SDG&E will reduce some education and outreach activities the City continues to promote energy efficiency and renewable energy to the community through existing and innovative approaches, such as the Chula Vista Climate Action Challenge and Energy efficiency kits at the library. 2022/09/13 City Council Post Agenda Page 464 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-22 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 3.1.1 Integration of Land Use Planning and Transit The City’s General Plan, including this 2013 – 2020 Housing Element, promote a land use pattern that is anticipated to reduce Vehicle Miles Traveled (VMT) and result in the region meeting or exceeding the targets established by the California Air Resources Board (CARB). The key component of the 2013 – 2020 Housing Element will be to promote the integration of land use planning and transit, whereby: the City encourages the use of incentives, when available, for mixed-use development, which includes housing, retail, and office space, at transit nodes and other high-intensity locations as appropriate. The City supports implementation of the San Diego Association of Governments (SANDAG)’s Sustainable Communities Strategy (SCS), including the adopted Regional Housing Needs Assessment (RHNA) Plan, which includes the following: increasing the housing supply and the mix of housing types, tenure, and affordability in an equitable manner, promote infill development and socioeconomic equity, the protection of environmental and agricultural resources, and the The City of Chula Vista’s Sustainable Communities Program (SCP) seeks to promote energy efficiency and reduce greenhouse gas emissions in the planning and building process and in neighborhood design. In 2013, the SCP developed a modeling tool for energy efficient community and site planning standards. The model is based on LEED’s Neighborhood Development rating system, which integrates the principles of smart growth, New Urbanism and green building and encourages better neighborhood planning and development by assisting developers to select the appropriate mix of energy efficient features to maximize their site’s sustainability score. This evaluation tool continues to be available on the City’s website. In 2014, City staff participated in SANDAG regional workshops regarding the incorporation of Transportation Demand Management (TDM) into the Development Process. TDM refers to programs and strategies that manage and reduce traffic congestion during peak travel times. Two Specific Planning Area's (SPA's), Millennia and Village 8 East, will include TDM. In 2016 construction began on a Bus Rapid Transit (BRT) line (aka "South Bay Rapid") that will connect eastern Chula Vista to downtown San Diego. Service began in Ongoing with the City's Sustainable Communities Program. The City will continue to integrate land use planning and transit as the City continues to grow and change with the needs of residents. 2022/09/13 City Council Post Agenda Page 465 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-23 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness Balanced and Diverse Housing Opportunities 4.1.1 Expiring Affordability Restrictions Proactively work with property owner(s) of "at-risk" assisted housing developments whose affordability restriction are due to expire by 2020, as identified within Appendix A of this Element, and affordable housing developers to evaluate the viability of continuing the affordability of such housing through owner participation, public subsidies, or participation, public subsidies or participation by affordable housing developers. The City continues to work with those property owners who own affordable housing where recorded covenants are nearing expiration. In accordance with our published Housing Element, there are no projects expiring in 2018 through 2020. The City and Housing Authority implements and has incorporated the provisions of Section 52080(g) the California Health and Safety Code and Sections 65863.10 and 65863.11 of the California Government Code into its policies and regulatory agreements for new projects. The Housing Authority continues to work with those affordable housing communities seeking to refinance or restructure to incorporate additional public benefit in the form of deeper income targeting, additional rent restrictions, including additional rent restricted units, the extension of the existing term of restrictions, or any combination therefore may be negotiated. Ongoing. City will continue to monitor developments that have been identified that as expiring within the time period of the next Housing Element. We will reach out and explore possibilities in which we can maintain affordable restrictions and/or work with residents in providing necessary resources and information and follow HCD's preservation law. By working and building relationships with property owners and extending affordability periods, the City prioritizes residents who need affordable housing options. 2022/09/13 City Council Post Agenda Page 466 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-24 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 4.2.1 Monitoring of Units Lost Comply with State Law regarding the monitoring and reporting of housing units occupied by low-or moderate-income households demolished within the Coastal Zone. In 2019, no units occupied by low or moderate-income households in the Coastal Zone were lost or demolished. Under SB 330 there is a requirement to replace units that were occupied by low- to moderate-income families. This program will be revised in order to comply with SB 330. 4.2.2 Replacement Housing Where conversion or demolition of housing units in the Coastal Zone is occupied by low-or moderate income households is proposed, replacement of such housing will be completed in accordance with State Law and the City's adopted Local Coastal Plan. See comments in 4.2.1. Under SB 330 there is a requirement to replace units that were occupied by low- to moderate-income families. This program will be revised in order to comply with SB 330. 2022/09/13 City Council Post Agenda Page 467 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-25 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.1.1 Affordable Housing ("Inclusionary") Policy Continue to implement the Balanced Communities-Affordable Housing Policy first adopted by the City’s Housing Element in 1981 and any implementing guidelines as adopted and updated. For all new residential projects consisting of 50 or more dwelling units,10 percent of the residential units within the development (“on-site”) shall be affordable to low and moderate income households (5 percent low-income and 5 percent moderate-income). The City continues to implement this objective through the Affordable Housing Program requiring new residential developments of 50 units or more to provide 10% of the housing for low and moderate income households. In 2018, the City began discussions with the property owner of Escaya in Otay Ranch regarding development of an affordable rental community. In 2019, the City entered into an Affordable Housing Agreement for 30-moderate income units in the Village of Escaya. Also, within the Village of Escaya, META Housing submitted an application for Low Income Housing Tax Credits and Bonds to assist in the development of 175 low income housing units that are subject to the City's AHP. Ongoing, review and revise. Partnerships with developers are crucial to the development of affordable units and housing within new communities. This program may need to be revised in order to meet demands and best accommodate the growing need for affordable housing to low- to moderate- income households 2022/09/13 City Council Post Agenda Page 468 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-26 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.2.1 First Time Homebuyer Assistance Continue assistance to low- income households in purchasing their first home through the City’s First Time Homebuyer Down Payment and Closing Cost Assistance Program. Consider amendments, as necessary, to the Program to adequately reflect real estate market conditions. The City continues to contract with SpringBoard CDFI (formerly known as Community HousingWorks Realty and Lending) to administer the City’s First Time Homebuyer program. In 2014, the City was awarded $1,000,000 in CalHome funds to assist first time homebuyers. In 2018, with the final expenditure of CalHome funds, the City leveraged other additional monies from its HUD HOME funds and Balanced Communities Program to assist 10 households close escrow. In 2019, the program ran out of funding and the City will be adding additional funding to the Program in 2020. Also, an application for $1.5M was submitted to HCD for CalHome funding under a NOFA released in November 2019. Ongoing. Currently 58% of Chula Vista residents are homeowners. The City understands the importance of owning a home and investing in something for the future, therefore the City will continue to promote homeownership to increase community stability, grow resident wealth, and increase tax revenue. As funds become available, efforts will be made to help income-qualified residents make these investments. 2022/09/13 City Council Post Agenda Page 469 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-27 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.2.2 Mortgage Credit Certificates (MCC) Continue to participate with the County of San Diego and other cities to issue and renew Mortgage Credit Certificates (MCC) to qualified first-time low- and moderate-income homebuyers. First-time homebuyers are referred by the Development Services Department to the administrating agency. The MCC program is administered by CalHFA. The City’s non-profit partner, SpringBoard CDFI( formerly Community HousingWorks) is authorized the provide MCC's to eligible households in the San Diego Region, including Chula Vista, and has leveraged the MCC program with its down payment assistance to assist 10 new homeowners in 2018. In 2019, homebuyers received an MCC. In 2019, CalHFA ended its participation in the Program. While the program is ongoing, there are limited resources and competitive. The City will seek partnerships with other agencies to continue funding for first time homebuyer programs. 5.2.3 Homebuyer Education and Counseling Support and encourage developers, lenders and social service organizations to provide educational programs, loan counseling, and materials for homeowners and potential homeowners on home maintenance, improvement, and financial management. The purpose of these educational programs will be to help first-time homebuyers prepare for the purchase of a home and to understand the importance of maintenance, equity appreciation, and personal budgeting to minimize foreclosure rates. Under its contract with SpringBoard CDFI, SpringBoard offers bilingual homebuyer education (HBE) to resident who wish to learn about homebuyer programs. As a result of a 2016 outreach event held at and sponsored by the City of Chula Vista, with over 150 rsvp’s received, significant momentum and interest was generated for the available funds. In 2018, those homebuyers participating in the City’s assistance programs were provided with pre-purchase counseling and homebuyer education. This program will be revised and merged with applicable MCC programs, and not a standalone program. 2022/09/13 City Council Post Agenda Page 470 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-28 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.2.4 Support Private Financial Assistance Programs Support and encourage lenders, Development Services organizations and others to use non-traditional financial approaches to assist low-and moderate-income first-time homebuyers such as Individual Accounts and other emerging financial approaches. Staff will continue to support and seek non- traditional approaches as opportunities exist. See comments listed above for Programs 5.2.1 - 5.2.3. This program will not be continuing in the next Housing Element. Chula Vista will continue to encourage collaboration, communication, and partnership efforts with external agencies, organizations, and communities to access resources available that assist low and moderate income residents build strong families and obtain and maintain health, stable and affordable homes. 2022/09/13 City Council Post Agenda Page 471 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-29 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.3.1 Mobilehome Space Rent Review Continue to enforce CVMC Chapter 9.50 to protect mobilehome residents’ investment in their home while at the same time providing a reasonable return to the park owner in order to preserve this housing alternative. The City continues to monitor and enforce the Mobilehome Space Rent Review Ordinance (Chula Vista Municipal Code “CVMC” Chapter 9.50). In 2018, over 2,400 residents paid the administrative fee providing residents with rent control services as desired. In 2019, the Mobilehome Rent Review Commission continued to meet on a quarterly basis to receive information and education on matters related to mobilehome living in Chula Vista and other relevant matters that would assist them in their duties prescribed under CVMC Chapter 9.50. The Commission did not review any proposed rent increases. Ongoing. The City will continue to collect a fee from mobilehome owners willing to participate in this program. The Mobilehome Rent Review Commission plays a large role in providing residents the protections that they need and will continue to meet regularly to consider participant complaints and concerns. 2022/09/13 City Council Post Agenda Page 472 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-30 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 5.3.2 Resident Ownership of Mobilehome Parks Promote the purchase of those mobilehome parks with a Mobilehome Park (MHP) zone designation by park residents, when a park becomes available for sale in accordance with CVMC Chapter 9.60 (Sale of a Mobilehome Park). Accordingly, resident organizations shall have a right to purchase a park listed for sale if the organization is able to reach an acceptable price and terms and conditions with the mobilehome park owner. Financial assistance that may be provided by the State, or other funding sources may be limited to income eligible residents and require affordable housing costs. No mobilehome/trailer parks were listed for sale in 2019. Efforts to encourage resident purchase of a mobilehome park will continue as these opportunities arise. 5.3.3 Mobilehome Park Conversion Continue to enforce CVMC Chapter 9.40 to protect the rights of residents as mobilehome/trailer parks are closed or converted to other uses. The City will continue to enforce CVMC 9.40 if and when a park is proposed for closure. The City will continue to enforce these regulations and ensure that tenants are given their full rights. 2022/09/13 City Council Post Agenda Page 473 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-31 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.1.1 Homeless & "At-Risk" Homeless- Regional Planning Continue to participate in regional planning efforts to address needs of the homeless, including the Regional Task Force on the Homeless and the South Bay Homeless Coalition. The City continues to participate in regional organizations focused on housing and other needs of the homeless or near homeless population. In January 2017, such regional bodies providing for data information and studies related to homelessness (the Regional Taskforce on the Homeless) and the Regional Continuum of Care Council, required by the U.S. Department of Housing and Urban Development for funding were merged to form one regional governance board now known as the Regional Taskforce on the Homeless (“RTFH”). With one regional body, it is anticipated that the merger will unify the countywide effort to help the homeless while operating more efficiently and with more transparency. Chula Vista continues to participate in the RTFH as a member in the full membership meetings and Board meetings. As an ESG entitlement jurisdiction, the RTFH must consult with the City. In light of the regional approach being undertaken and the establishment of the Chula Vista Homeless Outreach Team, the South Bay Homeless Advocacy Coalition disbanded in 2016. In 2018, the RTFH will be completing a long term strategy to reduce homeless in San Diego County. The City of Chula Vista recognizes the importance of quality of life for all residents, housed and unhoused. Currently, there are 313 number of homeless residents in Chula Vista, of which 68% are identified as unsheltered. Chula Vista will continue to encourage collaboration, communication, and partnership efforts with external agencies, organizations, and communities to do the following: • Conduct regional, goal-oriented planning and coordination that will identify gaps in service and seek methods to improve the responsiveness of existing homeless service systems 2022/09/13 City Council Post Agenda Page 474 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-32 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.1.2 Homeless & "At-Risk Homeless"- Regional Funding Continue to support regional funding efforts to develop new housing facilities for the homeless and maintain existing facilities and services, including the Regional Continuum of Care Council for San Diego County and its application for funding through the Federal Supportive Housing Program, local FEMA Board, County of San Diego Hotel/Motel Voucher Program and temporary winter shelters. In 2017, HUD implemented the “housing first” model and the Coordinated Entry System (“CES”) as best practices in addressing the needs of the homeless. With the changes in practice, Chula Vista and South Bay Community Services (SBCS), as the primary service agency that provides homeless shelter and services in Chula Vista, are continuing to make adjustments to its operations and funding process and priorities. SBCS operates four transitional living programs and the City has continued to allocate on an annual basis CDBG and ESG funds to SBCS for housing services. In 2018, the City funded the housing programs, as well as housing navigation services, tenant based rental assistance and hotel/motel vouchers serving as “bridge” housing for homeless in process of entering into a housing program to be administered by SBCS. The City also provides annual funding for the Rotational Shelter Network program to provide shelter to homeless at various congregational sites throughout the County, including Chula Vista. The City continues to implement a Homeless Outreach Team, including 2 police officers and 1 PERT Clinician, along with community clean-up of public areas such as parks, sidewalks, and open space areas. The City is partnering with the County of San Diego in the "Project By leveraging existing and new sources of funds, the City is able to partner with other providers in taking a person centered approach to help achieve housing stability for clients as they transition from homelessness to becoming housed. Chula Vista will continue to encourage collaboration, communication, and partnership efforts with external agencies, organizations, and communities to do the following: Achieve efficient and cost-effective delivery of services to persons experiencing or at risk of experiencing homelessness; To provide an array of housing linked with wrap around services, including short-term and temporary (including emergency, interim, transitional, 2022/09/13 City Council Post Agenda Page 475 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-33 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.1.3 Existing & New Emergency Shelters & Transitional Housing Continue in-kind and financial assistance for existing and new emergency shelters and transitional housing facilities that serve the City by providing technical assistance, siting opportunities, grants, or low cost loans to operating agencies. See comments in 6.1.1 and 6.1.2. The City continues to provide funding to South Bay Community Services (SBCS) to operate its housing programs. SBCS receives $63,000 annually from the City’s Emergency Solutions Grant funding to serve approximately 90 extremely low- income homeless individuals and families that meet HUD’s definition of homelessness. The City owns and operates six residential units that are used to provide housing for chronic homeless with mental health issues with wrap around services provided by the County of San Diego's Health and Human Services. Additionally, the City makes available Tenant Based Rental Assistance for 15 individuals through this program. All units are fully occupied. The City continues to seek opportunities to partner with affordable housing developers for the development of permanent supportive housing. The City will work to provide the necessary resources and present opportunities to those who are willing to accept them. This includes partnering with community organizations and law enforcement to provide person- centered services. Utilizing existing resources and as new resources become available, Chula Vista will continue to encourage collaboration, communication, and partnership efforts with external agencies, organizations, and communities to do the following: Achieve efficient and cost-effective delivery of services to persons experiencing or at risk of experiencing homelessness; To provide an array of housing linked with wrap around services, including short-term 2022/09/13 City Council Post Agenda Page 476 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-34 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.1.4 Tenant Rental Assistance Implement a homeless prevention program providing rent subsidies for those at-risk of becoming homeless See comments in 6.1.1 and 6.1.2. Since 2013, the City has contracted with South Bay Community Services (SBCS) to administer housing programs funded through Emergency Solutions Grant (ESG), HOME and CDBG to assist those homeless or at risk of being homeless. SBCS administers the City’s Rapid Re-housing program for those households experiencing a recent incident of homelessness (at 30% or less of AMI) for up to 2 years of rental assistance and a Homeless Prevention program for short term assistance not to exceed 3 months. In 2019, SBCS assisted 15 families through Tenant Based Rental Assistance and 7 families through ESG. During 2018, the Section 8 program administered by the County of San Diego issued 2,585 vouchers in Chula Vista, 1,079 to elderly and 242 to large families. 26,630 households remain on the waiting list at the end of 2018, the majority of those families (13,786). During 2019, the Section 8 program administered by the County of San Diego issued 2,610 vouchers in Chula Vista, Chula Vista will continue to encourage collaboration, communication, and partnership efforts with external agencies, organizations, and communities to do the following: Achieve efficient and cost-effective delivery of services to persons experiencing or at risk of experiencing homelessness; To provide an array of housing linked with wrap around services, including short-term and temporary (including emergency, interim, transitional, safe haven, and seasonal) housing, and Permanent supportive housing. 2022/09/13 City Council Post Agenda Page 477 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-35 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 1,624 to elderly and 197 to large families. 2022/09/13 City Council Post Agenda Page 478 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-36 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.1.5 Information on Resources for Basic Needs Distribute informational materials to provide contact information regarding basic needs, such as emergency food, shelter, and services for the homeless. Materials can be distributed on an as needed basis at public/civic center public counters and by City personal in regular contact with homeless or near homeless households. Staff continues to provide updated information on basic resources on the City's website and at the public counters. A Community Resources guide, which provides local and regional contact information for services ranging from emergency shelter and food to legal assistance and health services is available and provided at public counters and used by the CVPD HOT during its weekly outreach and other outreach events to the homeless. The Community Resources Guide, along with many other informational materials, are available at City's Development Services public counter. The City works closely with South Bay Community Services, the lead homelessness agency, and its Homeless Outreach Team to ensure that all informational material is updated on a regular basis and made available to households seeking information and resources. In 2019, the City began updating the existing Community Resources guide to provide better and more accurate information. The resource guide includes local and regional contact information for services ranging from emergency shelter Considering that these services are already being provided by other organizations such as 2-1-1 and the Chula Vista Community Collaborative, the City will consider and include these programs in the Consolidated Plan. 2022/09/13 City Council Post Agenda Page 479 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-37 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness and food to legal assistance and health services. See comments in 6.1.1. 6.2.1 Second Dwelling Units Continue to allow construction of new accessory secondary dwelling units in areas where the units do not compromise the neighborhood character, as defined in Section 19.58.022, Accessory Second Dwelling Units, of the Chula Vista Municipal Code as needed to facilitate and encourage development. In 2018, 20 applications were submitted for accessory second dwelling units. 8 permits were actually issued with 2 completed, 1 withdrawn, and the remaining in process of review and issuance. In 2019, 29 permits were issued and 5 permits were done and closed. Due to the shortage of housing in the City of Chula Vista, the construction of new units will continue to work to be in compliance with new state laws that incentivize second dwelling units. 2022/09/13 City Council Post Agenda Page 480 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-38 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.2.2 Shared Living Support private programs for shared living that connect those with a home and are willing to share living accommodations with those that are seeking housing, particularly seniors, students, and single person households. The City can identify the programs offered in the community and assist in program outreach efforts for shared living programs through advertisements in the City's website and placement of program brochures in key community locations. Given the significant need for affordable housing, City policies continue to support alternative housing types and living arrangements. While the City has provided past financial support to social service providers offering shared housing services in 2006, the local social service agency that provided shared living referrals ceased this service. The City has identified a possible partnership with another active shared housing service and is working towards expanding their services within the Chula Vista community as a viable housing option. Continuing discussions occurred in 2019 but no funding source identified. There are currently no restrictions and residents are already doing this in the open markets. Therefore, there have been no barriers identified for this occurring. 2022/09/13 City Council Post Agenda Page 481 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-39 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.2.3 Co-Housing Evaluate the viability of co- housing where residents share common facilities (e.g., cooking facilities) and amendments to Title 19 of the Chula Vista Municipal Code and other documents, where appropriate, to facilitate its development. This program is identified as a Level 2 priority. Due to the City’s current budgetary reductions, review and amendments of the City’s Municipal Code are being completed on an as needed basis. Any proposal to provide co-housing will be evaluated and processed on a project-by-project basis. In March 2018, the City hired a new senior planner position with the responsibility of reviewing and updating Title 19. Staff is focused on updates to the City’s zoning code and specific plans consistent with legislative actions affecting residential development in effect as of January 2019 and review of other possible land use issues. Notable achievements include updates to zoning code for ADUs, JADUs, emergency shelters, supportive and transitional housing, employee housing, and residential care facilities. The City will continue to develop relationships and partner with other agencies and providers regarding alternative living options and housing types, such as shared housing. 2022/09/13 City Council Post Agenda Page 482 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-40 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 6.2.4 Accessible Housing Regulations Continue to maintain and implement California Title 24 provisions for the review and approval of residential developments. Title 1 and Chapter 19.14 of CVMC (“Reasonable Accommodations”) provides for a formal procedure to consider whether a land use development standard or regulation of the City's can be modified or exempted in order to allow an individual with a disability to occupy their home. In December 2017, the California Tax Credit Allocation Committee adopted regulations for its programs requiring minimum construction standards to address mobility, hearing, vision and other sensory impairments. 10% of units must be made accessible to those with mobility impairments and 4% of units for hearing, vision, or other sensory impairments. TCAC Regulation Sections 10325(f)(7)(K) and 10326(g)(6) require projects to adhere to the provisions of California Building Code Chapter 11(B) regarding accessibility to privately owned housing made available for public use. In 2018, two (2) affordable housing developments totaling 58 units were acquired and will be rehabilitated in accordance with the new requirements under TCAC regulations. The City wants to maintain this program to ensure that everyone in community has access to housing without physical barriers. Monitoring strategies will be revised. 2022/09/13 City Council Post Agenda Page 483 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-41 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness In 2019, two (2) affordable housing developments are being rehabilitated totaling 177 units (58+119). 10% of the unit in these projects are now accessible to persons with disabilities per TCAC funding regulations. 2022/09/13 City Council Post Agenda Page 484 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-42 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness Government Role and Process 7.1.1 Specific Plans Develop and consider for adoption Specific Plans for the Southwest Planning Areas in order to implement the housing-related land use policy General Plan Update of 2005. The Palomar Gateway District Specific Plan was adopted in August 2013. Since its adoption, there has been development interest in the area. In 2015 a 21-unit residential project was completed at 778 Ada Street. In 2016, four new residential projects were issued building permits. No new residential permits were issued for this area in 2017. In September 2015 the Main Street Streetscape Master Plan was approved by City Council. The Plan is being implemented as funding becomes available and/or as developers develop property along the corridor. This program has been completed and will not be included in the next Housing Element. 7.1.2 Zoning Update Title 19 of the Chula Vista Municipal Code, to implement housing-related land use policy contained in the General Plan Update of 2005. Due to the City’s current budgetary reductions, review and amendments to Title 19 of the City’s Municipal Code (zoning) are being completed on an as needed basis. See comments in 7.1.1 and 7.4.1. This program will be continuing. There have been significant changes required under state law that would necessitate the review or revision of zoning ordinance and compliance with those state laws. 2022/09/13 City Council Post Agenda Page 485 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-43 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.1.3 Emergency Shelters The City will amend its Zoning Ordinance within one year of adoption of the Housing Element to address emergency shelters, and permit this use by right, without requiring a CUP, PUD or other discretional action within identified zones, consistent with Senate Bill 2 (Housing Accountability) enacted in 2007. The zones being considered are the General-Industrial (I-G) and/or Limited Industrial (I-R) zones and the Community Purpose Facility within the Planned Community (P- C) zone. Ordinance No. 3442 of the City of Chula Vista amending various sections of Title 19 “Planning and Zoning” of the City of Chula Vista Municipal Code to address compliance with State laws governing supportive residential land uses (e.g. emergency shelters, single room occupancy residences, transitional and supportive housing, residential facilities, and qualified employee housing) was passed on October 16, 2018, effective on November 23, 2018. This program has been completed and will not be included in the next Housing Element. 2022/09/13 City Council Post Agenda Page 486 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-44 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.1.4 Transitional and Supportive Housing The Zoning Ordinance will be amended to specifically define transitional/supportive housing. Transitional housing, pursuant to Health and Safety Code Section 50675.2, and supportive housing, pursuant to Health and Safety Code 50675.14, will be permitted as a residential use in all residential uses and subject to the same development standards as the same type of housing units in the same zone consistent with Senate Bill 2 (Housing Accountability) enacted in 2007. Ordinance No. 3442 of the City of Chula Vista amending various sections of Title 19 “Planning and Zoning” of the City of Chula Vista Municipal Code to address compliance with State laws governing supportive residential land uses (e.g. emergency shelters, single room occupancy residences, transitional and supportive housing, residential facilities, and qualified employee housing) was passed on October 16, 2018, effective on November 23, 2018. This program has been completed and will not be included in the next Housing Element. 7.1.5 Single Room Occupancy (SRO) Units The Zoning Ordinance does not contain specific provisions for SRO units. The City will amend the Zoning Ordinance to facilitate the provision of SRO's, consistent with the Assembly Bill 2634 (Housing for Extremely Low- Income Households) enacted in 2007. Ordinance No. 3442 of the City of Chula Vista amending various sections of Title 19 “Planning and Zoning” of the City of Chula Vista Municipal Code to address compliance with State laws governing supportive residential land uses (e.g. emergency shelters, single room occupancy residences, transitional and supportive housing, residential facilities, and qualified employee housing) was passed on October 16, 2018, effective on November 23, 2018. This program has been completed and will not be included in the next Housing Element. 2022/09/13 City Council Post Agenda Page 487 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-45 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.1.6 Farmworker Housing The Zoning Ordinance will be amended within one year of adoption of the Housing Element to comply with Section 17021.5 and 17021.6 of the State Health and Safety Code regarding employee housing. Ordinance No. 3442 of the City of Chula Vista amending various sections of Title 19 “Planning and Zoning” of the City of Chula Vista Municipal Code to address compliance with State laws governing supportive residential land uses (e.g. emergency shelters, single room occupancy residences, transitional and supportive housing, residential facilities, and qualified employee housing) was passed on October 16, 2018, effective on November 23, 2018. This program has been completed and will not be included in the next Housing Element. 7.1.7 Flood Hazard Pursuant to Assembly Bill 162, amend the safety and conservation elements of the City's General Plan upon adoption of the City's Housing Element to include an analysis and policies regarding flood hazards and management. Upon the amendment of the safety and conservations elements, the City will review the adopted Housing Element to maintain internal consistency and amend the Element as may be necessary. The City's Environmental Element contains a policy related to flood hazard management, as well the City's Municipal Code and are consistent with the Housing Element. This program has been completed and will not be included in the next Housing Element. 2022/09/13 City Council Post Agenda Page 488 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-46 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.2.1 Priority Processing Continue to implement priority processing of the necessary entitlements and plan checks to expedite the development process for residential developments, which do not require extensive Engineering or environmental review, with at least 15 percent of the units as affordable for very low-and low-income households. Update the expedite policy as may be necessary to encourage the development of affordable housing for lower income households. Chula Vista offers expedited permit processing for certain development projects, including affordable housing. Affordable Housing Developers can request the expedited program to ensure the project is placed into service by the required deadlines established by the funders of the project (i.e. tax credit investors). All affordable housing projects have been provided with this service. The City will continue this program and pro- housing policies to ensure that our low income residents have affordable housing. 2022/09/13 City Council Post Agenda Page 489 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-47 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.2.2 Development Fees Various fees and assessments are charged by the City to cover the costs of processing permits and providing services and facilities. Continue to consider subsidizing, waiving, or deferring fees for affordable units for very low- and low-income households on a case-by-case basis. Requests are evaluated based upon the development's effectiveness and efficiency in achieving the City's underserved housing needs, particularly extremely low and special needs households as allowed by the City's Municipal Code. See comments in 7.2.1. As needed based upon financial feasibility, the City may offer waiver and/or deferral of certain fees. In 2016, as part of the City's financial assistance to Duetta and Volta senior affordable housing developments, approximately $2,000,000 in fees were waived/deferred. For rental housing development proposed within the infill urbanized area of the City, west of I-805, the City offers a development fee deferral program as incentive to those developments. In 2018, the City amended its Municipal Code to allow for the waiver/deferral of certain fees for accessory dwelling units. As there are changes in legislation, the City continues to update policies and regulation. The adoption of California Senate Bill 13 prohibits development impact fees on accessory dwelling units smaller than 750 square feet, and significantly limits the impact fees that may be charged to larger accessory dwelling units. The City will continue and analyze current Development Impact Fees and amend them to comply with new state laws as they become effective. 2022/09/13 City Council Post Agenda Page 490 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-48 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.2.3 Water/Sewer The City of Chula Vista will provide a copy of the adopted Housing Element to the Otay Water District and Sweetwater Authority within 30 days of adoption. The City will also continue with the District to ensure affordable housing developments receive priority water service provision. The City provided a copy of the adopted Housing Element to the Otay Water District and Sweetwater Authority. This program is a requirement of Housing Element regulations. In addition, laws require ensuring that this sharing of information is completed when processing of new residential development. 7.3.1 Pursue Affordable Housing Funding Continue to utilize the eCivis software program to proactively pursue available Federal or State funding to increase, preserve and enhance housing affordable to low-income households As opportunities become available for funding, the City actively pursues partnerships and as a City to apply for such funding. Past awards include application with SBCS for the Promise Zone designation in November 2013. In 2014 the City of Chula Vista was successful in a grant application for CalHOME funds towards the creation of first-time homebuyer opportunities. In 2019, staff was preparing an $1.5M CalHome application to assist First Time Buyer in response to a Notice of Funding Availability that was issued by HCD in November 2019. In 2019, the City continued its partnership with the County of San Diego Health and Human Services Department to provide housing The City will pursue affordable housing funding as new funding sources become available. 2022/09/13 City Council Post Agenda Page 491 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-49 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness and wrap around services for homeless with mental health illnesses. Staff continues to search for and apply for affordable housing grant opportunities. 2022/09/13 City Council Post Agenda Page 492 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-50 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 7.4.1 Affordable Housing Incentives (aka Density Bonus) The City has adopted affordable housing incentives regulations to facilitate the development of affordable housing for very low, low, and moderate income households and seniors. This policy provides for a density bonus, incentives and waivers of development standards for housing providing the required number of units for the income qualified households and seniors. Continue to provide incentives for the development of affordable housing and housing for seniors through implementation of these regulations. Market incentives to housing developers via the City's website and the Development Services front counters. See comments in 4.1.2 and 7.1.2. The City of Chula Vista's Density Bonus Ordinance was approved by the City Council on December 11, 2012. The ordinance provides clarity and outlines the State requirements for affordable housing development. Developers of low and moderate income units are encouraged to utilize the incentives available through these regulations as may be needed. 2 projects were approved in 2019, these include Bonita Glen and 310 K St. Bonita Glen has a total of 170 apartments - 9 apartments for very low income individuals. 310 K St has 46 apartments - 3 apartments for very low income individuals. The City will continue to update the City’s zoning code and specific plans consistent with legislative actions affecting residential development in effect as of January 2019. The City will continue to monitor housing developments to encourage the designation of affordable housing through incentives. Municipal code will be revised as state codes are amended. 7.4.2 Public Property Evaluate the viability of providing affordable housing on City owned property that becomes available or is deemed surplus property. Staff has evaluated its existing inventory of City and/or Agency owned land. The City has limited ownership of land, of which very little is currently suitable for residential development. As opportunities of surplus land become available, the City will City policies will be revised to follow new state laws and the Surplus Lands Act. 2022/09/13 City Council Post Agenda Page 493 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-51 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness continue to evaluate the suitability of such land for residential purposes and the viability for affordable housing. 7.4.3 Affordable Housing in Public or Quasi-Public Zones Evaluate the appropriateness of allowing affordable housing within public or quasi-public zoning designations, when appropriate. See comments in 7.4.1. The City will continue to monitor housing developments to encourage the designation of affordable housing through incentives. Municipal code will be revised as state codes are amended. 2022/09/13 City Council Post Agenda Page 494 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-52 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 8.1.1 Affirmative Marketing & Leasing Require affordable housing developments for low-and moderate-income households to comply with the following policies; marketing and leasing efforts, require outreach to minority communities, including advertising in multi-lingual media; require the monitoring of lease and sales efforts for compliance with affirmative marketing; and, require periodic reporting to the Community Development Department on the composition of resident populations in units, income levels and affordability of the units. The City continues to require all developers of affordable housing communities to provide the City with a Marketing Plan, including efforts for affirmative marketing to minority communities. All marketing plans are required as condition of the loan agreement and are subject to review and approval by the City. All deed restricted affordable housing projects are required to conduct a lottery of the waitlist. Efforts to require affordable housing in new developments and prioritize low- to moderate-income families will continue. The City works with developers to further fair housing and ensure compliance with Housing Element regulations and new laws as they become effective. 8.1.2 Fair Housing Education & Counseling Continue contracting with a service provider for implementation of programs for broad outreach and education on housing rights to ensure information and materials are available to the entire community through a variety of means, including availability on the City's website and various City and civic buildings, fair housing counseling, The City contracts with Center for Social Advocacy (CSA) to provide outreach and counseling for fair housing issues. Information regarding fair housing education and resources is available on the City's website and at the public counter. CSA conducted several workshops during the year for the benefit or residents and property owners/managers. One such workshop was directed to property managers and held at the Pacific By providing a connection to legal services and placing an importance on fair housing practice, the City demonstrates its interest in putting residents first. The City works with developers to further fair housing and 2022/09/13 City Council Post Agenda Page 495 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-53 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness and resolution of fair housing complaints. Where appropriate, refer to other agencies, including State and Federal enforcement agencies. Southwest Association of Realtor office. In addition, the planning process began for the San Diego Regional Analysis of Impediments to Fair Housing Choice. The City is a member of the San Diego Regional Alliance for Fair Housing that consists of 13 participating Cities and the County of San Diego. ensure compliance with Housing Element regulations and new laws as they become effective. 2022/09/13 City Council Post Agenda Page 496 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-54 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 9.1.1 Public Input & Participation Continue to incorporate public input and participation in the design and development of City housing plans and policies. The City continues to provide opportunity for public input for all plans, policies and projects. The Development Services Department has an established public participation policy for review of all development projects. Additionally, as a recipient of U.S. Department of Housing and Urban Development funds, the City also has an adopted Citizen Participation Plan for these funding programs. As part of its public outreach and engagement, in developing plans, policies and projects, staff solicits input using various methods such as surveys, meetings with community stakeholder groups, City sponsored community meetings, focus groups, community cafes, and office hours with elected officials and departments. City staff meets on a regular basis with citizen advocacy groups to discuss and address specific neighborhood needs, such as ACCE and Harborside Safety and Revitalization Committee. Outreach tools for publicizing events and information include the use of social media, such as Facebook, Nextdoor, and the City The projects that are taken on by the City are not without consequences - both good and bad. Therefore, it is important to listen to and incorporate the opinions of the taxpayers and those affected by these projects. The City will continue to update its practices for collecting public opinion, emphasizing the hardest to reach populations in our communities and meet clients where they are. 2022/09/13 City Council Post Agenda Page 497 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-55 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness website. Interested persons may also sign up for Council and Commission agendas, new development applications, etc. Specifically, for housing related projects, applicants are requested to hold a meeting with neighboring residents and property owners at the onset of a project. As a project moves forward in the construction phase, applicants are requested to provide news and information to interested persons on progress and neighborhood impacts as a result of construction activity. 2022/09/13 City Council Post Agenda Page 498 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-56 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 9.1.2 Limited English Proficiency Policy Development of a City-wide policy to provide services to persons with limited English proficiency with the goal of providing such persons with better access to verbal and written information provided by the City, specifically related to affordable housing resources and programs for low-and moderate- income households. The City continues to provide bilingual materials for all housing program marketing materials and provides translation services as needed and as requested. The City provides translation service language on its website and is evaluating this service for all meeting agendas. All agendas related to Housing and altered agendas include a request for translation services. The City’s Human Relations Commission, with its participation in the Welcoming Cities initiative, has identified as the development of a more comprehensive policy as part of its future work program. Chula Vista communities are diverse, and the implementation and improvement of policies will help in providing better written material and customer service to our clients whose primary language is not English. The City emphasizes meeting clients where they are and providing necessary resources to be an engaged citizen. 2022/09/13 City Council Post Agenda Page 499 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-57 Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 9.1.3 Housing Resources Information Develop and maintain outreach or other appropriate marketing materials identifying available housing resources and programs available in the City of Chula Vista, including affordable housing developments, to ensure existing and potential residents are aware of affordable housing opportunities. Information and materials are to be available via the City's website and the Development Services front counters. Staff continues to provide updated housing resource information as needed on the City's website, at the public counters and attends certain community events and meetings to provide information. The City also displays materials from other providers for those related housing services as Fair Housing services, Foreclosure Intervention services, Homelessness services, and community resources at the public counters. City staff hold a number of outreach events to provide technical assistance and information to its residents, business owners, and other community partners. In 2019, staff provided information for residential property managers, mobilehome park owners/managers and attended numerous community events to provide housing and neighborhood related information. With such a great need for affordable housing in our communities, the City will continue to develop up-to-date information on affordable housing opportunities to provide to the public at events, online, and at our front counters. The City will ensure that these resources use non-technical language, are translated to meet clients where they are, and bridge a digital divide when necessary. 2022/09/13 City Council Post Agenda Page 500 of 809 HOUSING ELEMENT 2021-2029 APPENDIX F Page AF-58 City of Chula Vista General Plan Goals & Policies Name of Program Objective Summary of Program Implementation Continued Appropriateness 9.1.4 Annual Housing Report Provide an annual report to the City Council on the City’s existing housing stock and policies in relation to progress in implementing the policies of the Housing Element. The annual report shall also be made available for review in public locations. Since 2008, the Housing Advisory and Mobilehome Rent Review Commissions have met annually to review Housing Element progress made during the previous year. It is anticipated that the groups will meet again this April in their annual joint meeting to discuss relevant housing issues to each group. In addition, the City Council is presented with the report annually in an open public meeting. As a requirement of the Housing Element, the City will continue to provide annual reports to our governing body and the public to ensure transparency. 2022/09/13 City Council Post Agenda Page 501 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-1 PUBLIC ENGAGEMENT AND INPUT SUMMARY 1.1 Overview Public participation is an important part of the planning process. The State of California requires local governments make diligent efforts to involve all economic segments of the population in the development of the Housing Element. The Housing Element sh ould be representative of the desires of local residents and address the concerns most important to the community both now and in the future. Therefore, outreach to the public is essential to gaining a broad spectrum of perspectives and to identifying local challenges, as well as a shared set of priorities, strategies and a vision for housing Chula Vistan’s in the future. The City of Chula Vista has adopted a philosophy of public engagement that relies heavily in “meeting the community where they are.” Therefore, outreach is focused on the specific demographics of the community and their comfort level. For Chula Vista those efforts are aimed at a population that is 45 percent low income, who are primarily renters, and 61 percent Hispanic, many of who have limited English skills. Language used in outreach efforts are multilingual (English and Spanish), simple versus technical and respectful of cultural preferences that prefer communication built upon trust and relationships from one-on-one conversations and utilizing the “promotora” model of engagement. During the 6th Cycle Housing Element update, the world experienced a historic public health crisis, known as Corona Virus or COVID-19. The rapid transmission rate of COVID-19 changed the very nature of how we work, live, and protect ourselves against the spread of this virus. As part of the response to COVID-19, public health orders were issued that included stay at home orders with the exception of “essential” workers and included other restrictions such as social distancing and the prohibition of gatherings outside of immediate household members. Such restrictions limit what’s possible for jurisdictions, organizations, agencies and others wishing to maintain momentum on community engagement efforts and planning activities. Social distancing and restrictions on gatherings of people impacted public outreach activities on the calendar for April, May, June and beyond. Therefore, all efforts to engage community shifted to online activities. 1.0 2022/09/13 City Council Post Agenda Page 502 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-2 City of Chula Vista General Plan As a result of the current environment, City staff relied heavily on an online survey and efforts to advertise the survey from social media to direct mailings to over 30,000 households of multifamily properties within the 91910 and 91911 zip codes with the highest pe rcentage of low income households and to all mobilehome residents (3,400). The Housing Needs Survey was made available in both English and Spanish to identify types of affordable housing needed, priorities for special needs groups, priority housing programs to address affordable housing needs in the community, location of emergency housing, and any perceived constraints to housing. Other methods to engage the community included presentations and discussions with the Planning Commission, Housing Advisory Commission and Commission on Aging prior to COVID- 19 and post-COVID-19, virtual meetings with these Commissions, virtual public meetings with identified stakeholder groups and the community. Meetings and presentations focused on (1) informing the community of past and existing efforts to address previously identified housing needs, identified housing needs based on current demographics and anticipated resources and (2) hearing from the community their top priorities in terms of housing needs by income group or targeted population and to identify/refine possible housing policies/programs to address the specific needs and any geographical/locational considerations. Through the online survey and meetings opportunities to provide feedback was made avail able to a wide range of persons and stakeholders. These approaches allowed the City to collect qualitative and quantitative responses, which were used to inform and prioritize policies. Outreach methods were varied to help capture the greatest number of participants, since the Housing Element is a citywide document. Despite the City’s efforts in advertising of its surveys and meetings, participation from its citizens and stakeholders was limited. With a “meeting the community where they are” model of engagement, in a post-COVID 19 environment, the engagement results took on an emotional and personal perspective. With over 45 percent of Chula Vistans low income, with the highest COVID- 19 infection rates occurring in zip codes 91910 and 91911 of Chula V ista, and a higher unemployment rate than the region, the priority of Chula Vista residents and those that serve them are on essential daily living from maintaining a home given the financial impact of COVID - 19, managing a home life with children at home d istance learning, ensuring food and nutrition, and maintaining or gaining compensated employment all while trying to ensure their health and safety. To fill the gap of direct participation by residents, the City relied on discussions with its community stake holders and service providers who generally serve the City’s lower income and underrepresented population groups for input. 2022/09/13 City Council Post Agenda Page 503 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-3 Through its efforts, the City received more than 200 comments, had nearly 260 online participants, and engaged in-person prior to COVID-19. Most Chula Vistan’s agree that housing affordability and homelessness are urgent concerns that need to be addressed and that a top strategy to solving these issues is improvements to City processes to increase the overall supply of housing. The results are summarized and displayed below and organized by the outreach methodology. 1.2 Online Survey Staff developed an online survey with 16 questions; 15 multiple choice and 10 of them with a comment or other (specify) section. The multiple-choice questions were designed so respondents would have to prioritize the most urgent barriers, issues, and challenges related to various housing topics. The comment or other section were included so respondents could add anything that they thought was missing in the multiple-choice lists and to provide additional thoughts or ideas. The online survey was available in English and Spanish and was open for four months, from May 4th, 2020 to September 4th, 2020. The survey was anonymous, but respondents were asked to provide the zip code associated with their permanent residence. Approximately 44.9 percent of respondents reside in the area code 91911; 38.5 percent of respondents reside in the area code 91910; 10.2 percent of respondents reside in area code 91913; 2.7 percent of respondents reside in area code 91914; 2.7 percent of respondents reside in area code 91902 and the remaining respondents with less than 1 percent participation reside in 91915. The following is a summary of responses to each question, including all comments the City received via the online survey. 2022/09/13 City Council Post Agenda Page 504 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-4 City of Chula Vista General Plan APPENDIX G - PUBLIC ENGAGEMENT AND INPUT SUMMARY Q1. Survey in English or Spanish? Answer Choices Responses Image 1 (English) 81.78% 211 Image 2 (Spanish) 18.22% 47 Q2. All survey responses are anonymous, and no effort will be made to identify respondents. Which of the following best describes you? Answer Choices Responses Chula Vista Resident 184 82.5% Chula Vista Business Owner 8 3.6% A representative of a service agency serving Chula Vista residents 16 7.2% If you work or have a business in Chula Vista, do you represent a business/commercial, non-profit/social service provider, or other (please specify)? 15 6.7% 2022/09/13 City Council Post Agenda Page 505 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-5 Q3. What is your age? Answer Choices Responses Under 18 1 0.4% 18-24 7 3.5% 25-34 50 24.8% 35-44 47 23.3% 45-54 43 21.3% 55-64 32 15.8% 65+ 22 10.9% Q4. Please provide your zip code. Answer Choices Responses 91910 72 37.5% 91911 74 38.5% 91913 19 9.9% 91914 5 2.6% 91915 17 8.9% 91902 (Chula Vista residents) 5 2.6% 2022/09/13 City Council Post Agenda Page 506 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-6 City of Chula Vista General Plan Q5. What is your current housing situation? Answer Choices Responses Own my home 87 43.1% Rent 103 51% Unsheltered/without a home 0 0% Other (please specify) 12 5.9% Q6. Please rate the importance of the following factors to you when choosing a home? Not a decision factor Low Medium High Total Monthly housing cost 6 (3%) 11 (5.5%) 46 (22.9%) 138 (68.7%) 201 Close to employment or job 35 (17.4%) 30 (14.9%) 93 (46.3%) 43 (21.4%) 201 Neighborhood safety 7 (3.5%) 4 (1.9%) 48 (23.8%) 143 (70.8%) 201 Features of the house (size, age) 11 (5.4%) 26 (12.9%) 101 (50%) 64 (31.7%) 201 Close to parks, or other green space 23 (11.4%) 34 (16.9%) 94 (46.8%) 50 (24.9%) 201 Walkability of the neighborhood 13 (6.5%) 20 (10%) 85 (42.3%) 83 (41.3%) 201 Close to shops and services 16 (8%) 28 (13.9%) 90 (44.8%) 67 (33.3%) 201 2022/09/13 City Council Post Agenda Page 507 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-7 Q7. Please rate the importance of the following factors to you when choosing a home? Q8. In your opinion, what do you think is the biggest reason housing is too expensive for people? Community and neighborhood feel 9 (5.3%) 8 (4.7%) 85 (50.3%) 98 (39.6%) 201 Close to bus/transit stop 56 (28.1%) 42 (21.1%) 62 (31.2%) 39 (19.6%) 201 Reputation of public schools 45 (22.4%) 18 (9%) 64 (31.8%) 74 (36.8%) 201 Accessibility (for seniors or persons with disabilities) 52 (26%) 38 (19%) 55 (27.5%) 55 (27.5%) 201 Answer Choices Responses Yes 70 34.7% No 118 58.4% I don’t know 14 6.9% Answer Choices Responses Not enough good paying jobs to afford costs of housing 37 18.3% Not enough housing built for everyone 24 11.9% Not enough housing at different price levels that people can afford 105 52% I don't know 11 5.4% Other 25 12.4% 2022/09/13 City Council Post Agenda Page 508 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-8 City of Chula Vista General Plan Q9. What do you think are the most important housing problems in Chula Vista? (Please choose up to 3)? Q10. What do you think is the best way to help people who are homeless? Answer Choices Responses Not enough housing being built for everyone 81 13% Not enough affordable rental housing 148 23.7% Cost of housing near good jobs, schools and services is too high 106 17% Can’t afford to buy a house 123 19.7% Overcrowding (too many people living together) 53 8.5% Repair or preserve existing affordable housing 32 5.1% Unsheltered/Homeless 57 9.1% I don’t know 9 1.5% Other 15 2.4% Answer Choices Responses Provide housing and the support services they need 59 29.2% Increase the affordable housing 34 16.8% Connect the homeless to assistance and services 51 25.2% Increase addiction and mental health services 34 16.8% Increase outreach from trained service workers 16 7.9% I don’t know 8 4% 2022/09/13 City Council Post Agenda Page 509 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-9 Q11. Buying a home today is difficult for many. What do you think is the biggest barrier to buying a home? Q12. Many people have a hard time finding a good quality home. What do you think is the biggest barrier to finding good quality housing? Answer Choices Responses Houses cost too much 121 57.3% Available houses in my desired area 4 1.9% Available houses in my price range 28 13.3% Down payment 30 14.2% Difficulty getting a loan 15 7.1% I don't know 5 2.4% Other (please specify) 8 3.8% Answer Choices Responses Only low quality housing is available in my price range 52 25.7% Not enough housing to fit the size of my family 8 4% Not enough housing in my price range where I want to live 89 44.1% Not enough housing for persons with disabilities 3 1.5% Not enough housing for seniors (62 years or older) 12 5.9% Discrimination (e.g. based on race, family status, disability income, etc. 10 5% I don’t know 15 7.4% Other 13 6.4% 2022/09/13 City Council Post Agenda Page 510 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-10 City of Chula Vista General Plan Q13. Sometimes people have to move out of their home or neighborhood. What is the biggest reason why people may have to move? Q14. Senior citizens are a growing population group. What is the best way to address the housing and living needs of senior citizens? Answer Choices Responses Rent keeps increasing 142 70.3% Lease is terminated 4 2% Eviction 0 0% Maintenance issues aren't being fixed 3 1.4% Not enough housing in my price range where I want to live 34 16.8% I don't know 10 5% Other (please specify) 9 4.5% Answer Choices Responses Fix and repair the home for the needs of an older person 21 10.4% Help paying the housing cost 24 11.9% Construction of more retirement communities 22 10.9% More affordable housing designated for seniors 88 43.6% Connect seniors to alternative living situations like shared living spaces 13 6.4% Down-sizing or relocation assistance 13 6.4% I don’t know 16 7.9% Other 5 2.5% 2022/09/13 City Council Post Agenda Page 511 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-11 Q15. As the economy and population grows and changes, more housing is needed. What housing types do we need more of in Chula Vista? (Please choose up to 3.)? Answer Choices Responses Single family homes 113 18.4% Condos/Townhomes 86 14% Apartments 65 10.6% Mixed-use (housing mixed with commercial/office/retail) 39 6.4% Senior housing 67 10.9% Assisted living 29 4.7% Mobilehomes 16 2.7% Energy-efficient homes 60 9.8% Low-cost/affordable housing (below the current market price) 138 22.5% 2022/09/13 City Council Post Agenda Page 512 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-12 City of Chula Vista General Plan Q16. What do you think is the best strategy to build more housing for our growing population? (Please choose up to 3.) Q17. Thank you for your input! Would you like to be added to an interest list to stay informed? Answer Choices Responses Yes 94 46.5% No 108 53.5% Answer Choices Responses Improve governmental approval processes for new housing 133 22.9% Build more housing near transit (e.g. trolley stations and bus stops) 75 12.9% Build more housing near jobs, schools or services 117 20.2% Allow buildings with more housing units 61 10.5% Encourage second units in the backyard or attached to a house 72 12.4% Build more compact efficiency size units 71 12.2% I don’t know 28 4.8% Other 23 4% 2022/09/13 City Council Post Agenda Page 513 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-13 Survey Question Comments Q5. Comments Own mobile home, rent space Living with relatives Forced to live with family because how expensive housing is. Live in a one bedroom, 8 of us living there due to lack of enough financial resources, I have medical challenges on dialysis, and hygiene issues due to lack of space, for self-care. Q6. Comments Affordable, safe, inclusive, community events to connect neighbors Low gang violence Family in the area Single Family Residences! No apartment or condominium complexes. Q2. Comments Real Estate and lending Non-profit Cost of quality housing is too high Health Care Housing Developer SBCS Social Services 2022/09/13 City Council Post Agenda Page 514 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-14 City of Chula Vista General Plan Q8. Comments Q-8-1 Demand to live here Q-8-2 There is plenty of apartments and vacancies but rents continue to increase every single year. There is no home for sale that is affordable to the first time buyer. In fact, in a quest for a lower price for a home, the demand for smaller homes drives up the cost per square foot higher than it is for medium size homes. The market is taking advantage of the poor. Q-8-3 There is no regulation on how much renters can charge for housing Q-8-4 Rent increases with no improvements, all options above Q-8-5 When minimum wage goes up, so does the cost of living and rent Q-8-6 All 3 above + Not enough good paying jobs "IN" Chula Vista. Good Paying job = enough to afford housing in a bedroom community. Q-8-7 Rent is too high everywhere Q-8-8 People make poor life decisions and mismanage their money Q-8-9 Property taxes are extremely high. Q-8-10 Price gouging, single family homes compared to multifamily homes Q-8-11 Not enough good paying jobs and not enough price levels that people can afford Q-8-12 Fine weather raises the price of the land. Q-8-13 Not enough affordable housing and very difficult the process to rent 2022/09/13 City Council Post Agenda Page 515 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-15 Q12. Comments Not enough housing built for number of people in area Too expensive Good quality housing in good neighborhoods is only for those who can afford it. Low wage jobs do not align with housing costs -rental or purchase Too many people in California. Hard reality is some people need to move elsewhere. They aren’t entitled to California Builders use cheap materials to line their pockets, yet the small townhomes (like ours!) is priced at $510,000+. Quality and integrity is rare for developers and builders.... and the Chula Vista government. Homes brought only to use as rentals and the people who want to buy to actually LIVE in that home lose out Q13. Comments Q-8-14 Our family is renting a 3-bedroom townhouse. It's worth $510,000. We're now purchasing a new 2500 sq ft house in Augusta, GA: Yard. Coffered ceilings. crown molding. Neighborhood with trails, playgrounds, and a pool. The elementary school only has 571 kids and it outranks 91% of other GA schools. We're paying $294,000. I don't know why anyone would buy in CV. The homes look like cement blocks. Human trafficking that no one's talking about. Drugs. Gangs. The annual income isn't much different than incomes in the South. The only way most people make it work here is by living with multiple people. But San Diego is coastal. The weather (in some areas) is perfect. The demand is there, and people are obviously buying. Q-8-15 Inflated home values for very old homes. Not enough new single-family residences being built. Q-8-16 Overpriced housing compared to wages Q-8-17 Homes built only to be brought and then used as Rentals Q9. Comments Student Housing Needs Developers build in phases. To get the price they want. There will never be enough new homes (oversupply) to drive the price down The greedy landlords or whomever is on top of them establishing how much rent should be charged. The bureaucracies around being able to lower rent. Who says or establishes what the minimum rent should be? And that there is no limit to it. housing discrimination. Landlords to trust families with housing vouchers CV lacking nice but affordable single story housing seniors. Not enough affordable housing to Buy Chula Vista keeps approving new neighborhoods, while increasing taxes (promising more police officers --FILLED POSITIONS--and schools) but you're not. You can't even provide someone to direct traffic at each school. Your government should be ashamed. Corrupt dirtbags. Q 11. Comments Is the monthly mortgage payment add property taxes and Mello Roos and HOA The amount of housing available is far lower than the number of people that need it. People think they are owed things rather than working hard, saving up and buying what they can afford 2022/09/13 City Council Post Agenda Page 516 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-16 City of Chula Vista General Plan Not enough housing built for number of people in area Loss of income A good paying job in a city with low cost of living Low wage jobs do not align with housing costs -rental or purchase Gentrification Cost of living & taxes continue to rise disproportionately. Crime Q14. Comments More housing built that suit the needs of seniors Options above to fix and repair, and downsizing relocation assistance Construction of NICE senior homes & mobile home park. Low wage jobs do not align with housing costs -rental or purchase More affordable housing and alternative living situations Q16. Comments Q-16-1 Allow more developments Q-16-2 Buy broken homes to build new multi unit/ multi level homes in their place. Q-16-3 Put a rent limit; bring rent down; and raise wages... Minimum wage is not enough. Q-16-4 We don’t need more housing. The crime has been going up with all this increased housing and “mixed- use” living with public transportation being built. We need less people and more space as COVID19 has proven so people don’t have a place to live will need to move elsewhere. Stop packing us on top of each other when there are other places to go! Q-16-5 More single level homes/condos/mobile homes for seniors. 2022/09/13 City Council Post Agenda Page 517 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-17 Q16. Comments Q-16-6 Actually, your problem is developing more homes with no plan for police, schools, and teachers. Tackle that first, then move on to building more. But I want to know why our taxes are increased and you do NOTHING to make sure we're safe and have good schools with small classroom sizes. "But we created positions." Yeah, but did you fill them? Again, you should be ashamed of yourselves. Q-16-7 Convert unused commercial property into residential zones. Order the school districts to adopt distance learning permanently so that school grounds can be converted to new neighborhoods and family recreation areas. Work to approve first time homebuyers at middle income brackets with down payment assistance. Q-16-8 Attract better jobs to Chula Vista. Will also help with traffic. Q-16-9 STOP building more Office Buildings WE DON'T need them and then Use those areas for HOMES that we do need Q-16-10 Small homes that can still fit a family of four or five with walk ability and green space. Think older Eastlake Greens areas smaller homes, green space, parks. Just because people are on fixed income doesn’t mean they want bad neighborhood. Think older Tierrasanta neighborhood same concept smaller homes still nice walkable communities. I don’t necessarily want to live in mixed use or totally dense neighborhood because I am low income. I want parks, trees, green space, nature access to trails. Why do you think so many people want tiny homes I don’t but I rent in Eastlake Greens Championship golf area it’s small homes but it’s livable and we can walk places. I lived in Tierrasanta before this and same concept. Q-16-11 For the love of god, stop building apartments. This is coming from someone who lives in apartments. There are way too many apartment complexes. 1.3 Public Meetings To inform decisionmakers and the public about the 6th Cycle Housing Element and the opportunities to provide input, City staff gave informational presentations at various public meetings. Prior to and Post-COVID-19, City staff presented at public meetings of several City 2022/09/13 City Council Post Agenda Page 518 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-18 City of Chula Vista General Plan Commissions. With 23 Commissions, the City leverages its Commissions meetings and its members, who are considered active community members with broad circles of influence to provide information and bring forward community values and input they may hear and discuss with other community members. Invitations to the Housing Element Online Survey and public meetings were provided to all Commissions. City Staff provided presentations, responded to questions and accepted comments to the following Commissions:  Joint meeting of the Planning Commission and Housing Advisory Commission on October 23, 2019 – At this publicly noticed meeting, City staff presented the 6th Cycle Update process. The meeting provided an opportunity for the Commission to review the RHNA 2022/09/13 City Council Post Agenda Page 519 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-19 allocation, learn about the Housing Element process and requirements, review data, provide input related to housing issues, and receive public comment.  Joint meeting of the Planning Commission and Housing Advisory Commission on June 24, 2020 - At this publicly noticed meeting, City staff provided an update of the current status of the 6th Cycle Housing Element Update process. The meeting provided an opportunity for the Commission to review data, receive public comment and provide direction to staff on housing issues and policies of the Housing Element.  Housing Advisory Commission meeting of July 24, 2019 – At this publicly noticed meeting, City staff provided an overview of the RHNA and Housing Element process and current housing legislation. The meeting provided an opportunity for the Commission receive public comment and provide direction to staff on housing issues affecting the community.  Housing Advisory Commission meeting of January 23, 2020 – At this publicly noticed meeting, staff provided an overview of the City’s 5-Year Consolidated Plan, its Assessment of Impediments to Fair Housing, and current housing legislation. The meeting provided an opportunity for the Commission receive public comment and provide direction to staff on housing issues affecting the community.  Housing Advisory Commission meeting of October 28, 2020 – At this publicly noticed 2022/09/13 City Council Post Agenda Page 520 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-20 City of Chula Vista General Plan meeting City staff provided an update of the current status of the 6th Cycle Housing Element Update process. The meeting provided an opportunity for the Commission to review proposed policies and programs for the 6th cycle Housing Element update, receive public comment and provide direction to staff on housing issues and policies of the Housing Element.  Commission on Aging - On February 12, 2020 a publicly noticed meeting was held to discuss the RHNA allocation, understand the Housing Element process and requirements, review data, receive public comment and provide direction to staff on housing issues and policies of the Housing Element.  Growth Management Oversight Committee meeting of September 17, 2020 - This publicly noticed meeting provided an opportunity to the Committee to hear an update on current housing legislation, the Housing Element process, policies and status of the 6th Cycle Housing Element Update process and allowed the Commission to review data, receive public comment and provide direction to staff on housing and its impact on quality of life of the community.  Development Oversight Committee was provided a presentation on RHNA and the kickoff the Housing Element 6th cycle and on January 28, 2021 was provided an overview of the Housing Element and proposed Housing Element policies and programs, particularly those that were being revised and new to the 6th cycle related to recent housing legislation. The City hosted four online meetings with stakeholders and community organizations on August 20 and 24, 2020. Attendance for all events were low with three to five persons attending each event. On August 20, 2020, City staff hosted two meetings for community stakeholders, one for market rate and affordable housing developers and other housing industry professionals and one for social service providers, advocates and educators. Over 40 developers and organizations were mailed invitations, a Public Notice was circulated for both meetings and the meetings were advertised on the City’s website. On August 24, 2020, City staff hosted online meetings with the public both in English and Spanish. Advertisement of these meetings were placed in the City’s newsletter, on its website and posts 2022/09/13 City Council Post Agenda Page 521 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-21 on the City’s social media (Facebook, Twitter and Instagram). Invitations were forwarded to City Commission members for themselves and to forward to other interested community members. 1.4 Consultations The City of Chula Vista communicates and collaborates on an ongoing basis with social service providers and advocacy groups. Through these partnerships, a number of discussions took place during the course of the Housing Element update process, related to current and ongoing housing concerns and needs of the Chula Vista community, particularly for lower in come and underrepresented populations groups. These organizations included South Bay Community Services, the largest social service provider serving clients within the South Bay region, Alpha Project, the Regional Taskforce on the Homeless, Building Industry Association and Pacific Southwest Association of Realtors. 1.5 Website During the development and review of the 2021-2029 Housing Element, the City created and maintained a section of the city’s website dedicated to the housing plan update. This section provided easy access to information on the project, including the Housing Element Overview, meetings, Frequently Asked Questions, and copies of the document. https://www.chulavistaca.gov/departments/development-services/housing-element-update 1.6 Other Outreach In addition, to the 6th Cycle Housing Element Update, the City conducted additional outreach to the Chula Vista community, including the following actions:  Consolidated Plan - The 5-Year Consolidated Plan is a planning document that identifies needs within low-to moderate- income (LMI) communities and outlines how the City will address those needs as required to participate in the Community Developmen t Block 2022/09/13 City Council Post Agenda Page 522 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-22 City of Chula Vista General Plan Grant Program and other Department of Housing and Urban Development funded programs. It guides investments and helps achieve HUD’s mission of providing decent housing, suitable living environments, as well as expanded economic opportunities for LMI populations. During the development of the Consolidated Plan, public meetings with the Housing Advisory Commission (January 23. 2020) and City Council (March and June 2020) to identify the City’s most pressing community needs. In addition, a community needs on-line survey was offered in English and Spanish which returned 260 responses. The City maintains a webpage for Community Development Block Grant Program with a copy of the Consolidated Plan and information about the program: https://www.chulavistaca.gov/departments/development-services/housing/federal- grants.  Special Fair Housing Outreach – In addition to the Housing Element workshops, community workshops, targeted stakeholder interviews to service providers and local organizations, and a fair housing survey was conducted in Spanish and English as part of the development of the San Diego Regional Analysis of Impediments to Fair Housing (AI). Public notice and additional outreach for each community workshops held in Chula Vista and National City and surveys were circulated in the Winter 2019-20 through local service providers and made available on the City’s Fair Housing webpage and at City Hall. In addition, Fair Housing educational brochures were developed and made available online and in City Hall. The City maintains a webpage on Fair Housing: https://www.chulavistaca.gov/departments/development-services/housing/fair-housing 1.7 Public Review of 2021 Draft A draft version of the Housing Element was released for public review on December 4,2020 along with the draft Negative Declaration. The draft Housing Element is typically available for public review at City facilities, including libraries, City Hall, Development Services Department, Senior Center and all community centers. However due to the COVID-19 Pandemic and a closing of all City facilities from March 2020 to May 2021, the draft Housing Element was made available on the City’s website. Stakeholders, including market rate and affordable housing developers, the Building Industry Association, realtor and apartment associations, school and water districts, 2022/09/13 City Council Post Agenda Page 523 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-23 social service providers, San Diego Housing Federation, community group s, various City Commissions, and all other interested parties who have requested information regarding the Housing Element or other DSD activities and information were emailed and /or notified during public meetings of the availability of the document on th e City’s website. Staff requested that the public submit their comments on the draft Negative Declaration and the Housing Element no later than January 4, 2021. This Appendix contains a summary of all public comments and input regarding the Housing Element received by the City at scheduled public meetings, surveys, questionnaires, and during the public review period. As required by Government Code Section 65585(b)(2), all written comments regarding the Housing Element made by the public have previously been provided to each member of the City Council. [Note: This section to be updated prior to adoption to include additional public meetings and outreach.] 2022/09/13 City Council Post Agenda Page 524 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-24 City of Chula Vista General Plan 1.8 Conclusion The outreach conducted for the update to the Housing Element provided City staff with insightful information on the housing needs of Chula Vistan’s. The individual perspectives of a wide -range of participants helped to provide the framework for which the p olicies in the Housing Element were built upon. Additionally, the release of the draft Housing Element provided a means for stakeholders to react to specific policies. Much of the feedback received was related to assistance for those most economically vulnerable, the homeless and extremely low and very low income households. Many within the community stressed that housing, particularly homeownership, is far from affordable and more must be done to increase housing production, particularly near transit and jobs and at varying price points, to meet the future needs of Chula Vista. 2022/09/13 City Council Post Agenda Page 525 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-25 SUMMARY OF COMMENTS AND THEMES Housing Issues  COVID-19 has exacerbated an already tough housing market.  Affordable housing should be available throughout the City. o The Bayfront should provide inclusive housing for all income groups. o Do not waive the requirement in the western area (west of I-805) of the City.  Housing is not affordable anywhere, particularly for homeownership. Homelessness  Domestic violence has increased as a result of stay at home orders and financial and emotional stress of COVID-19 leading to an increase in families fleeing the home.  Once the State’s eviction protections expire, we may see an increase in homelessness.  During COVID-19, we are seeing more RVs and cars parked on the street with people residing in them.  No where for the homeless to go under COVID-19.  Encampments and resulting trash is growing with calls from the community increasing.  A shelter is needed but more permanent solutions are also needed. The homeless need an exit out of the shelter strategy such as transitional housing and permanent supportive housing.  Case management is needed to help the homeless maintain stable housing.  There will always be some homeless that are service resistant.  You need to address the underlying issues to be able to get into shelter and housing and to maintain it.  A growing number of students at Southwestern College are homeless, living in their cars, or “couch surfing” or struggling to maintain decent and affordable housing. There is nothing affordable for them, particularly near Southwestern College. 2.0 2022/09/13 City Council Post Agenda Page 526 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-26 City of Chula Vista General Plan Priority Populations  Nearly all of the clients seen by South Bay Community Service s and Family Resource Centers are extremely low and very low income households and are in need of housing.  Homeless, medically vulnerable, seniors and vets Housing Programs  Rental Assistance and Eviction Protections o Rental assistance for extremely low and low income households, especially now due to the financial impacts of COVID-19. o People don’t know their rights under the laws. o Some people are taking advantage and are just not paying their rents. o Everyone is struggling, renters and small property owners. We need to be cognizant of all perspectives and sometimes the unintended consequences.  Permanent supportive housing, transitional housing, emergency shelters and acquisition and rehabilitation of existing housing or motels for the homeless.  Revisit the City’s Balanced Communities/Inclusionary Housing policy o Allow developers to meet their obligations off-site or through alternative means o Housing development projects should not be exempt from the City’s Balanced Communities policy  Needs of Seniors o Creative and alternative housing solutions for seniors o Help keep seniors in their homes.  Housing Production o Both incentives and mandates for developers are needed to provide low to moderate income housing. o Middle income households are struggling as well and need appropriately priced housing o For future housing development projects, City staff could include in its report, the percentage of affordable housing units within the project and how the housing development meets the City’s regional housing needs. o While density bonus and incentives help a bit, reductions in development impact fees would have more of an impact on the cost of development. o With the financial impact of COVID-19, potential may be available to look at struggling commercial properties for residential use. 2022/09/13 City Council Post Agenda Page 527 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-27  Homebuyer programs o All households, inclusive of low to moderate income households, should be able to obtain homeownership. 2022/09/13 City Council Post Agenda Page 528 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-28 City of Chula Vista General Plan 2.1 Public Comments on 2021 Draft Housing Element From: Mitchell Thompson <mitchthompsonmitch@gmail.com> Sent: Monday, June 15, 2020 3:57 PM To: Leilani Hines <lhines@chulavistaca.gov> Subject: Re: Chula Vista Needs your Housing Input - Necesitamos tu opinion Leilani, I am on the Southwestern College Foundation Board of Directors. We set up a Housing Subcommittee about a year ago. We (Southwestern College) did a student needs analysis that was completed a couple of months ago. A lot of it ended up focusing on student housing needs. We want to make sure that we make that information available to the City and are hopeful the City can incorporate student housing needs into its housing element needs analysis. I am not sure if you are aware, but the governing board in the next year wants to look at student housing needs and figure out what things we can do to meet that need. Because of the timing, we want to make sure we don't overlook providing input into the Housing Element as it only comes around every 10 years. At some point, we should get together to discuss more thoroughly and you can guide us on the best way to provide input. Mitch On Mon, Jun 8, 2020 at 5:01 PM Leilani Hines <lhines@chulavistaca.gov> wrote: Thank you for your inquiry Mitch. At this point, the COVID-19 issues have really affected what we have been able to do and how to move forward on citizen participation. We kicked off things with the attached email and survey. With the Commissions now getting underway with virtual meetings we will be doing a workshop with the Planning Commission and Housing Advisory Commission on Wednesday, June 24 th. This will be our test run for then holding some meetings with the community and various stakeholders. However, any stakeholder and/or citizen can simply send us their comments and thoughts as well via email, mail or a one -one meeting with us. Let us know if there is anything further we can do to facilitate conversations as well as the appropriate person at Southwestern College this type of matter should be forwarded to. Leilani From: Mitchell Thompson <mitchthompsonmitch@gmail.com> Sent: Monday, June 8, 2020 2:01 PM To: Leilani Hines <lhines@chulavistaca.gov> Subject: Re: Chula Vista Needs your Housing Input - Necesitamos tu opinion Leilani, 2022/09/13 City Council Post Agenda Page 529 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-29 What's the timing on people/organizations providing input into the housing needs for the updated Housing element. The southwestern college foundation has been looking at housing needs for the campus the last couple of years. I am hopeful the Housing Element could have some identification of student housing related to southwestern college. Mitch On Tue, May 19, 2020 at 1:44 PM Leilani Hines <lhines@chulavistaca.gov> wrote: Please feel free to share with your circles of influence From: Sofia Salgado Robitaille <srobitaille@swccd.edu> Sent: Wednesday, June 24, 2020 11:14 AM To: Leilani Hines <lhines@chulavistaca.gov> Subject: Housing input from Southwestern College Hello Ms. Hines. Hoping this email finds you doing well. Please see attached letter with input for the City of Chula Vista’s Housing Element report. We understand there is a special meeting of the Housing Advisory and Planning Commissions tonight… we hope this letter will be submitted and considered. Let me know if you have any questions. We appreciate your time and consideration. Warm regards, Sofia Sofia Salgado Robitaille Executive Director Office of Development and Foundation Southwestern Community College District 900 Otay Lakes Road, Room 12-103 Chula Vista, CA 91910 Cell: 619.743.1604 2022/09/13 City Council Post Agenda Page 530 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-30 City of Chula Vista General Plan 2022/09/13 City Council Post Agenda Page 531 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-31 2022/09/13 City Council Post Agenda Page 532 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-32 City of Chula Vista General Plan 2022/09/13 City Council Post Agenda Page 533 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-33 From: Jo Anne Springer <luvwhales1@gmail.com> Sent: Friday, August 28, 2020 3:04 PM To: Leilani Hines <lhines@chulavistaca.gov> Subject: Re: Housing Element Presentation Thank you, Ms. Hines, for your efforts on my behalf. I would like to ask if my comments (below, original email) were passed along to the Council members for consideration or not? Despite the best efforts of the IT team and Microsoft, the Cisco Web-ex is far from ideal, and at least some percentage of interested attendees are going to be hampered. I would really like to see the City be as constrained regarding new developments as are most businesses within it. I realize that pure governing cannot be placed in abeyance during this pandemic, but much of the decision making, especially regarding new developments, certainly can be. Yes, I realize that companies outside of the City will be hampered, but giving them preference over the disadvantages of local enterprises has the distinct appearance of misplaced priorities. I would greatly appreciate learning if my viewpoint has been shared or if I need to send separate emails to the council members. Thank you again for all of your help and offers to directly answer questions. Jo Anne Springer On Thu, Aug 27, 2020 at 5:09 PM Leilani Hines <lhines@chulavistaca.gov> wrote: Thank you Ms. Springer for attending our meeting but more importantly for your comments on the Housing Element and the technical problems. We learned a lot in both areas. I wanted to assure you that we did speak with our IT Director about issues we had and how we can improve. Unfortunately, we are limited to Cisco WebEx and Microsoft Teams for our virtual meetings. I do recognize that the technical difficulties experienced impacted the ability to effectively participate in the meeting. Please let me know if you or others would like to talk further. Additionally, please feel free to provide written comments as well. Your voice matters to us and we would like to hear more and be able to answer your questions. I am also attaching the link to the Housing Element Update website at https://www.chulavistaca.gov/departments/development-services/housing-element-update for more information. Looking forward to speaking with you. 2022/09/13 City Council Post Agenda Page 534 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-34 City of Chula Vista General Plan Leilani Hines | Housing Manager | Development Services Department 276 Fourth Avenue | Chula Vista, CA | 91910 | : 619.691.5263 | : 619.585.5698 | : lhines@ chulavistaca.gov For more Housing information please visit us at: www.chulavistaca.gov/housing From: Jo Anne Springer <luvwhales1@gmail.com> Sent: Monday, August 24, 2020 7:47:50 PM To: Jose Dorado <JDorado@chulavistaca.gov> Subject: Re: Presentation Jose, Thank you for sending me the presentation. That said, the meeting itself was just awful. I don't know if Cisco webex is an inferior product or not, but I have attended many Zoom meetings of varying numbers of participants, and those meetings were easy to follow, both audio and video were clear and easy to establish as was the ability to mute, unmute, and ask questions. I have no idea what happened to the question I attempted to submit to this meeting, but it was never acknowledged as received, let alone addressed. Nor do I know if anyone else had a similar frustrating experience. As a means of allowing citizens input regarding City plans, this almost seems intentionally designed to prevent exactly that. So many businesses have had to close or severely curtail their activities due to the covid virus. If the City is unable to provide a real means of two-way communication with concerned citizens, then it, too, should be similarly constrained and table all decision making until it can safely resume good two-way communications with its citizens. I would appreciate your assistance in having that perspective known to city officials. Jo Anne Springer 2022/09/13 City Council Post Agenda Page 535 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-35 2022/09/13 City Council Post Agenda Page 536 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-36 City of Chula Vista General Plan 2022/09/13 City Council Post Agenda Page 537 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-37 2022/09/13 City Council Post Agenda Page 538 of 809 HOUSING ELEMENT 2021-2029 APPENDIX G Page AG-38 City of Chula Vista General Plan This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 539 of 809 HOUSING ELEMENT APPENDIX H Page AH-1 SITES INVENTORY – INFILL AND INTENSIFICATION OPPORTUNITIES INTRODUCTION In this inventory report portion of the Adequate Sites Inventory, you will find the draft inventory of sites within the City of Chula Vista that have potential for the development of new housing units during the 2021-2029 Housing Element period. Inclusion of a site on this list does not indicate that a site will be developed or redeveloped or will be required by the City to develop or redevelop. Rather, it indicates that the site has unrealized capacity for housing, based on its zoning and/or land use designation that could reasonably be realized during the 2021-2029 period. See the accompanying methodology portion of Appendix C for a detailed discussion on how these sites were identified and how their housing capacity was assessed. The Table (Attachment 1) is broken into two distinct categories:  Western Chula Vista  Eastern Chula Vista GLOSSARY Site Address: Site address for potential site. 5 Digit Zip Code: Zip Code for parcel. Assessor Parcel Number: A potential site’s 10-digit Assessor’s Parcel Number. Consolidated Sites: Identifies sites that are likely to be consolidated. General Plan Designation (Current): City of Chula Vista General Plan Land Use Designation for potential site. Zoning Designation (Current): Existing zoning for potential site. 1.0 2022/09/13 City Council Post Agenda Page 540 of 809 HOUSING ELEMENT APPENDIX H Page AH-2 City of Chula Vista General Plan Minimum Density Allowed (units/acre): Minimum number of units permitted pursuant to the parcel’s Zoning Designation. Max Density Allowed (units/acre): Maximum number of units permitted pursuant to the parcel’s Zoning Designation. Parcel Size (Acres): The size/area of the site, expressed in acres. Existing Use/Vacancy: The existing use of the site, as categorized into standardized land use types. Infrastructure: Indicates if parcel has sufficient water, sewer and dry utilities available. Publicly-Owned: Identifies if the parcel is publicly or privately owned. If the parcel is publicly owned, it also identifies they type of public entity that owns the parcel. Site Status: Identifies if the site is available or has an approved entitlement. Identified in Last/Last Two Planning Cycle(s): Indicates if the site was identified in the last/last two planning cycles. Lower Income Capacity: Estimate of the net number of Lower Income units that can be accommodated on the parcel. Moderate Income Capacity: Estimate of the net number of Moderate Income units that can be accommodated on the parcel. Above Moderate Income Capacity: Estimate of the net number of Above Moderate income units that can be accommodated on the par cel. Total Capacity: Estimate of the total number of net units that can be accommodated on the parcel. Land Value: Identifies the value of land as assessed by the County Assessor. Improvement Value: Identifies the value of improvements on the parcel as assessed by the County Assessor. Formatted: Font: Not Bold Formatted: Font: Not Bold 2022/09/13 City Council Post Agenda Page 541 of 809 HOUSING ELEMENT APPENDIX H Page AH-3 Date Constructed: Identifies the date of construction for the structures on the identified parcel. Double No. of Units: Identifies whether this would allow for the doubling of the number of units on the identified parcel. Projects with Similar Characteristics: Identifies whether the City has approved similar projects to that identified for the identified parcel. Potential Residential Ratio: Identifies the ratio of residential units based on the maximum number of units permitted under existing zoning for the identified parcel. SUMMARY OF EXISTING PROJECTS – CURRENT MARKET INTEREST The following is a summary of exis ting, or planned development projects that provide an example of existing market trends that contribute to the likelihood the infill projects are feasible within the City of Chula Vista. There are a number of privately initiated development projects in the pipeline, or under discussions with the City, for the reuse of existing development sites and vacant sites. Most of the target sites identified in this Appendix have uses on-site that are underperforming, recently vacated or are anticipated to not reflect current market demands for the types of uses currently on site during the planning period of this Housing Element. Examples of these projects include: 748-60 Anita Street. This site is currently underutilized existing residential development and vacant property totaling 2.82 acres. The proposed development would develop higher density dwelling units. The proposed project would include 96 apartments, with 29 units for extremely low, 10 for very low and 56 for low -income households, over the three combined sites. Bonita Glen. This site is currently vacant and totals 4.92 acres. The approved development includes 170 units, 9 of which are restricted for very low-income residents and 5 for moderate- income. Village 8 West, Neighborhoods F and W. This site within eastern Chua Vista is vacant and encompasses two planning areas that total 5.14 acres. The approved project intends to develop 175 units apartments, of which 120 units will be rent-restricted for low income residents and 53 will be rent-restricted for very low-income residents. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 2022/09/13 City Council Post Agenda Page 542 of 809 HOUSING ELEMENT APPENDIX H Page AH-4 City of Chula Vista General Plan This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 543 of 809 Table A: Housing Element Sites Inventory, Table Starts in Cell A2 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 226 CHURCH AV 91910 5680712300 FAR 2.0 / MUR V-1 0 8 0.13 Office/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 475649 169873 1957 YES YES 1:8 CHULA VISTA 213 CHURCH AV 91910 5680720500 FAR 2.0 / MUR V-1 0 9 0.14 Office/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 203117 165502 1942 YES YES 1:9 CHULA VISTA 221 CHURCH AV 91910 5680720700 FAR 2.0 / MUR V-1 0 8 0.13 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 34978 12348 1930 YES YES 1:8 CHULA VISTA 247 CHURCH AV 91910 5680722300 FAR 2.0 / MUR V-1 0 12 0.18 Duplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 49700 29427 1952 YES YES 1:6 CHULA VISTA 264-266 CHURCH AV 91910 5681612400 FAR 2.0 / MUR V-1 0 9 0.14 Two Duplexes ResidentialYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 375269 321660 1943 YES YES 1:2.25 CHULA VISTA 253-257 CHURCH AV 91910 5681620100 FAR 2.0 / MUR V-1 0 10 0.16 Triplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 325488 195292 1938 YES YES 1:3.33 CHULA VISTA 259-261 CHURCH AV 91910 5681620200 FAR 2.0 / MUR V-1 0 10 0.16 Retail/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 254940 118962 1946 YES YES 1:10 CHULA VISTA 267 CHURCH AV 91910 5681620400 FAR 2.0 / MUR V-1 0 10 0.16 Residential Home CareYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 177415 95527 1937 YES YES 1:10 CHULA VISTA 277 CHURCH AV 91910 5681620700 FAR 2.0 / MUR V-1 0 10 0.16 Medical Office BuildingYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 576000 139000 1972 YES YES 1:10 CHULA VISTA 289-291 CHURCH AV 91910 5681621000 FAR 2.0 / MUR V-1 0 10 0.16 Retail/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 191834 107420 1956 YES YES 1:10 CHULA VISTA 275 F ST 91910 5681621100 FAR 2.0 / MUR V-1 0 18 0.28 Medical Building - HistoricYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 437144 370593 1947 YES YES 1:18 CHULA VISTA 281 G ST 91910 5683502800 FAR 2.0 / MUR V-1 0 9 0.14 Office/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 136030 88880 1920 YES YES 1:9 CHULA VISTA 242 THIRD AV 91910 5680441300 FAR 2.0 / MUR V-2 0 8 0.12 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 58881 47575 1947 YES YES 1:8 CHULA VISTA 222 THIRD AV 91910 5680442000 FAR 2.0 / MUR V-2 0 8 0.13 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 368061 230940 1970 YES YES 1:8 CHULA VISTA 223 THIRD AV 91910 5680711200 FAR 2.0 / MUR V-2 0 8 0.12 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 199855 111030 1942 YES YES 1:8 CHULA VISTA 227 THIRD AV 91910 5680711300 FAR 2.0 / MUR V-2 0 9 0.14 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 479000 241000 1959 YES YES 1:9 CHULA VISTA 298 THIRD AV 91910 5681520700 FAR 2.0 / MUR V-2 0 5 0.07 Retail/Apartments YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 509000 441000 1920 YES YES 1:2.5 CHULA VISTA 294-296 THIRD AV 91910 5681520800 FAR 2.0 / MUR V-2 0 9 0.14 Star-News/CV BreweryYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 552291 340530 1940 YES YES 1:9 CHULA VISTA 270 THIRD AV 91910 5681521700 FAR 2.0 / MUR V-2 0 12 0.19 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 708223 579455 1942 YES YES 1:12 CHULA VISTA 285 THIRD AV 91910 5681611200 FAR 2.0 / MUR V-2 0 8 0.12 Entertainment Hall YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 61234 56531 1955 YES YES 1:8 CHULA VISTA 301 THIRD AV 91910 5683330100 FAR 2.0 / MUR V-2 0 13 0.20 Retail/Residential - HistoricYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 375301 311497 1953 YES YES 1:13 CHULA VISTA 341-347 THIRD AV 91910 5683340400 FAR 2.0 / MUR V-2 0 16 0.25 Multi-Retail/Tavern YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 433999 282513 1930 YES YES 1:16 CHULA VISTA 385-389 THIRD AV 91910 5683502100 FAR 2.0 / MUR V-2 0 8 0.13 Retail/Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 130608 119572 1966 YES YES 1:8 CHULA VISTA 403 THIRD AV 91910 5684200100 FAR 2.0 / MUR V-2 0 17 0.26 Convenience Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 331892 156169 1960 YES YES 1:17 CHULA VISTA 413-415 THIRD AV 91910 5684200300 FAR 2.0 / MUR V-2 0 8 0.13 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 52052 43090 1948 YES YES 1:8 CHULA VISTA 305 E ST 91910 5662321800 FAR 4.5 / MUR V-3 0 89 0.61 Vacant (52 Senior Apts)YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 27 9 9 44 CHULA VISTA 275 E ST 91910 5662402800 FAR 4.5 / MUR V-3 0 46 0.32 Convenience Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 12 12 23 399916 174953 1972 YES YES 1:46 CHULA VISTA 239 FOURTH AV 91910 5680410500 FAR 4.5 / MUR V-3 0 22 0.15 Duplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 170643 113762 1947 YES YES 1:11 CHULA VISTA 243 FOURTH AV 91910 5680410600 FAR 4.5 / MUR V-3 0 23 0.16 Duplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 167977 79559 1947 YES YES 1:11.5 CHULA VISTA 247 FOURTH AV 91910 5680410700 FAR 4.5 / MUR V-3 0 23 0.16 Duplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 259303 81878 1947 YES YES 1:11.5 CHULA VISTA 225 FOURTH AV 91910 5680411400 FAR 4.5 / MUR V-3 0 22 0.15 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 251537 164099 1935 YES YES 1:22 CHULA VISTA 378 E ST 91910 5680411800 FAR 4.5 / MUR V-3 0 22 0.15 Retail/Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 240839 131116 1977 YES YES 1:22 CHULA VISTA 370 E ST 91910 5680421900 FAR 4.5 / MUR V-3 0 80 0.55 Retail Market YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 20 20 40 203817 124626 1969 YES YES 1:80 CHULA VISTA 350 E ST 91910 5680430100 FAR 4.5 / MUR V-3 0 16 0.11 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 386635 151678 1960 YES YES 1:80 CHULA VISTA 203 GARRETT AV 91910 5680430200 FAR 4.5 / MUR V-3 0 20 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 157699 116517 1921 YES YES 1:20 CHULA VISTA 226 LANDIS AV 91910 5680431700 FAR 4.5 / MUR V-3 0 19 0.13 Single Family/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 289494 253114 1919 YES YES 1:19 CHULA VISTA 224 LANDIS AV 91910 5680431800 FAR 4.5 / MUR V-3 0 20 0.14 Single Family/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 320722 88701 1936 YES YES 1:20 CHULA VISTA 220 LANDIS AV 91910 5680431900 FAR 4.5 / MUR V-3 0 20 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 202973 79585 1940 YES YES 1:20 CHULA VISTA 210 LANDIS AV 91910 5680432100 FAR 4.5 / MUR V-3 0 20 0.14 Office SFD - Historic YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 144279 8999 1921 YES YES 1:20 CHULA VISTA 213 LANDIS AV 91910 5680440400 FAR 4.5 / MUR V-3 0 20 0.14 Residential/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 362000 138000 1947 YES YES 1:20 CHULA VISTA 217 LANDIS AV 91910 5680440500 FAR 4.5 / MUR V-3 0 20 0.14 Duplex/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 151411 137596 1956 YES YES 1:10 CHULA VISTA 225 LANDIS AV 91910 5680440700 FAR 4.5 / MUR V-3 0 19 0.13 Triplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 175852 62794 1964 YES YES 1:6.33 CHULA VISTA 229 LANDIS AV 91910 5680440800 FAR 4.5 / MUR V-3 0 20 0.14 Sixplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 356903 342031 1957 YES YES 1:3.33 CHULA VISTA 214 THIRD AV 91910 5680442100 FAR 4.5 / MUR V-3 0 19 0.13 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 324223 210461 1948 YES YES 1:19 CHULA VISTA 300 E ST 91910 5680442300 FAR 4.5 / MUR V-3 0 38 0.26 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 9 19 683266 156401 1965 YES YES 1:38 CHULA VISTA 201 THIRD AV 91910 5680710100 FAR 4.5 / MUR V-3 0 33 0.23 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 8 8 17 CHULA VISTA 207 THIRD AV 91910 5680710200 FAR 4.5 / MUR V-3 0 22 0.15 Retail Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 360854 244269 1952 YES YES 1:22 CHULA VISTA 215 THIRD AV 91910 5680710300 FAR 4.5 / MUR V-3 0 17 0.12 Medical Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 9 295899 177537 1990 YES YES 1:17 CHULA VISTA 264 E ST 91910 5680722800 FAR 4.5 / MUR V-3 0 20 0.14 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 122821 88701 1940 YES YES 1:20 CHULA VISTA 280 LANDIS AV 91910 5681510200 FAR 4.5 / MUR V-3 0 17 0.12 Single Family/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 9 343000 147000 1970 YES YES 1:17 CHULA VISTA 282 LANDIS AV 91910 5681510300 FAR 4.5 / MUR V-3 0 20 0.14 Single Family/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 327159 304108 1925 YES YES 1:20 CHULA VISTA 276 LANDIS AV 91910 5681510800 FAR 4.5 / MUR V-3 0 20 0.14 Single Family/Office YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 472000 68000 1947 YES YES 1:20 CHULA VISTA 272 LANDIS AV 91910 5681510900 FAR 4.5 / MUR V-3 0 20 0.14 Duplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 390000 100000 1940 YES YES 1:10 CHULA VISTA 266 LANDIS AV 91910 5681511000 FAR 4.5 / MUR V-3 0 20 0.14 Fiveplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 600000 506000 1968 YES YES 1:4 CHULA VISTA 260 LANDIS AV 91910 5681511200 FAR 4.5 / MUR V-3 0 20 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 148999 25738 1940 YES YES 1:20 CHULA VISTA 257 GARRETT AV 91910 5681511700 FAR 4.5 / MUR V-3 0 20 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 262688 176913 1945 YES YES 1:20 CHULA VISTA 261 GARRETT AV 91910 5681511800 FAR 4.5 / MUR V-3 0 20 0.14 Duplex Residence YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 204197 137212 1945 YES YES 1:10 CHULA VISTA 265 GARRETT AV 91910 5681511900 FAR 4.5 / MUR V-3 0 20 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 203066 75422 1939 YES YES 1:20 CHULA VISTA 275 GARRETT AV 91910 5681512100 FAR 4.5 / MUR V-3 0 20 0.14 Triplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 204197 114346 1939 YES YES 1:6.66 CHULA VISTA 281 LANDIS AV 91910 5681520200 FAR 4.5 / MUR V-3 0 20 0.14 City Parking Lot YES - Current YES - City-Owned Available Not Used in Prior Housing Element 0 5 5 10 CHULA VISTA 380 THIRD AV 91910 5683004600 FAR 4.5 / MUR V-3 0 100 0.69 Retail/Apartments YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 30 10 10 50 2838182 2654225 1987 YES YES 1:8.33 CHULA VISTA 435 THIRD AV 91910 5684201400 FAR 4.0 / TFA UC-1 0 194 1.50 Vacant/SUHSD Parking LotYES - Current YES - Other Publicly-Owned Available Not Used in Prior Housing Element 58 19 19 97 CHULA VISTA 461 THIRD AV 91910 5685112100 FAR 4.0 / TFA UC-1 0 54 0.42 Fast Food (KFC)YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 14 14 27 853782 262696 1984 YES YES 1:54 CHULA VISTA 452 THIRD AV 91910 5684502800 FAR 5.0 / TFA UC-2 10 21 0.13 Commercial Offices YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 290097 174055 1951 YES YES 1:21 CHULA VISTA 460 THIRD AV 91910 5684502900 FAR 5.0 / TFA UC-2 11 23 0.14 Commercial Offices YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 11 169380 60272 1951 YES YES 1:23 CHULA VISTA 462 THIRD AV 91910 5684503000 FAR 5.0 / TFA UC-2 12 24 0.15 Salon / Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 388609 222063 1957 YES YES 1:12 CHULA VISTA 555 I ST 91910 5720104600 FAR 2.0 / MUR UC-6/7 0 321 4.97 CV Center/BCF YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 96 32 32 160 6333449 5460683 1994 YES YES 1:321 CHULA VISTA 720 H ST 91910 5710300900 FAR 2.0 / TFA UC-10 0 33 0.51 Service Station/C-StoreYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 10 3 3 17 1073369 203066 1982 YES YES 1:33 CHULA VISTA 730 H ST 91910 5710301200 FAR 2.0 / TFA UC-10 0 27 0.42 Strip Mall Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 7 7 13 443267 195597 1990 YES YES 1:27 CHULA VISTA 698 H ST 91910 5710611000 FAR 2.0 / TFA UC-10 0 27 0.43 Convenience Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 7 7 14 285909 167591 1965 YES YES 1:27 CHULA VISTA 660 H ST 91910 5710622200 FAR 2.0 / TFA UC-10 0 23 0.35 Multi-Retail/Offices YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 11 315815 210532 1963 YES YES 1:23 CHULA VISTA 652 H ST 91910 5710630100 FAR 2.0 / TFA UC-10 0 9 0.14 Pool Supply Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 267389 97762 1969 YES YES 1:9 CHULA VISTA 507 JEFFERSON AV 91910 5710630200 FAR 2.0 / TFA UC-10 0 9 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 43090 33913 1952 YES YES 1:9 CHULA VISTA 511 JEFFERSON AV 91910 5710630300 FAR 2.0 / TFA UC-10 0 9 0.14 Single Family ResidenceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 40736 22594 1952 YES YES 1:9 CHULA VISTA 685 H ST 91910 5672010300 FAR 6.0 / TFA UC-12 67 101 0.52 Service Station YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 40 13 13 67 305837 60956 1964 YES YES 1:101 CHULA VISTA 677 H ST 91910 5672010400 FAR 6.0 / TFA UC-12 34 50 0.26 Shopping Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 13 13 25 800000 265000 1966 YES YES 1:50 CHULA VISTA 665 H ST 91910 5672010500 FAR 6.0 / TFA UC-12 45 68 0.35 Shopping Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 17 17 34 804847 374133 1960 YES YES 1:68 CHULA VISTA 236 BROADWAY 91910 5670321600 FAR 2.0 / MUR UC-13 0 24 0.37 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 602110 367950 1973 YES YES 1:24 CHULA VISTA 265 BROADWAY 91910 5670530400 FAR 2.0 / MUR UC-13 0 18 0.28 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 9 149388 79639 1950 YES YES 1:18 CHULA VISTA 273 BROADWAY 91910 5670531200 FAR 2.0 / MUR UC-13 0 9 0.14 Automotive Repair YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 212184 24738 1962 YES YES 1:9 CHULA VISTA 396 BROADWAY 91910 5670902500 FAR 2.0 / MUR UC-13 0 17 0.26 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 178842 77123 1960 YES YES 1:17 CHULA VISTA 309 BROADWAY 91910 5671010300 FAR 2.0 / MUR UC-13 0 25 0.38 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 777000 593000 1972 YES YES 1:25 CHULA VISTA 303 BROADWAY 91910 5671010400 FAR 2.0 / MUR UC-13 0 23 0.36 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 11 762104 425727 1971 YES YES 1:23 CHULA VISTA 357 BROADWAY 91910 5671030200 FAR 2.0 / MUR UC-13 0 9 0.14 Office Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 93433 82718 1953 YES YES 1:9 CHULA VISTA 585 G ST 91910 5671402000 FAR 2.0 / MUR UC-13 0 19 0.29 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 68486 56112 1962 YES YES 1:19 CHULA VISTA 400 BROADWAY 91910 5672000900 FAR 2.0 / MUR UC-13 0 13 0.20 Cocktail Lounge YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 156920 64925 1944 YES YES 1:18 CHULA VISTA 408 BROADWAY 91910 5672001000 FAR 2.0 / MUR UC-13 0 9 0.14 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 81511 43090 1944 YES YES 1:9 CHULA VISTA 416 BROADWAY 91910 5672005100 FAR 2.0 / MUR UC-13 0 10 0.16 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 5 226724 103056 1956 YES YES 1:10 CHULA VISTA 424 BROADWAY 91910 5672005200 FAR 2.0 / MUR UC-13 0 17 0.27 Retail Building YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 9 479213 293711 1950 YES YES 1:17 CHULA VISTA 444 BROADWAY 91910 5672001500 FAR 2.0 / MUR UC-13 0 40 0.62 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 12 4 4 20 394371 98575 1960 YES YES 1:40 CHULA VISTA 405 BROADWAY 91910 5672110100 FAR 2.0 / MUR UC-13 0 21 0.33 Thrift Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 210650 166909 1958 YES YES 1:21 CHULA VISTA 415 BROADWAY 91910 5672112200 FAR 2.0 / MUR UC-13 0 17 0.26 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 892268 327159 1970 YES YES 1:17 CHULA VISTA 437 BROADWAY 91910 5672122000 FAR 2.0 / MUR UC-13 0 30 0.47 Retail Shopping CenterYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 8 8 15 765647 626435 1956 YES YES 1:30 CHULA VISTA 453 BROADWAY 91910 5672310100 FAR 2.0 / MUR UC-13 0 22 0.34 Retail Shopping CenterYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 1212432 858806 1952 YES YES 1:22 CHULA VISTA 590 ROOSEVELT ST 91910 5672310200 FAR 2.0 / MUR UC-13 0 8 0.13 Triplex Residential YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 315769 267599 1952 YES YES 1:2.66 CHULA VISTA 310 BROADWAY 91910 5670901500 FAR 3.0 / MUR UC-14 0 94 0.97 Med/Ed Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 28 9 9 47 1515011 799680 1969 YES YES 1:94 CHULA VISTA 366 BROADWAY 91910 5670902100 FAR 3.0 / MUR UC-14 0 114 1.18 Retail Stores YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 34 11 11 57 620713 475617 1980 YES YES 1:114 CHULA VISTA 380 BROADWAY 91910 5670902300 FAR 3.0 / MUR UC-14 0 82 0.85 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 25 8 8 41 CHULA VISTA 430 BROADWAY 91910 5672003600 FAR 3.0 / MUR UC-14 0 81 0.84 Auto Service Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 24 8 8 41 407660 226531 1971 YES YES 1:81 CHULA VISTA 700 E ST 91910 5670310600 FAR 6.0 / TFA UC-15 46 70 0.36 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 23 23 46 828524 238354 1966 YES YES 1:70 CHULA VISTA 230 WOODLAWN AV 91910 5670313000 FAR 6.0 / TFA UC-15 68 103 0.53 Motel YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 41 14 14 68 625702 284410 1968 YES YES 1:103 CHULA VISTA 696 E ST 91910 5670320100 FAR 6.0 / TFA UC-15 66 99 0.51 Fast Food Drive-Thru YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 40 13 13 66 566434 468960 1987 YES YES 1:00 CHULA VISTA 690 E ST 91910 5670320600 FAR 6.0 / TFA UC-15 134 201 1.04 Restaurant/Retail YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 80 27 27 134 637260 333108 1969 YES YES 1:201 CHULA VISTA 215 WOODLAWN AV 91910 5670325000 FAR 6.0 / TFA UC-15 67 101 0.52 Car/Truck Wash YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 40 13 13 67 736000 264000 1970 YES YES 1:101 CHULA VISTA 707 F ST 91910 5670312700 FAR 6.0 / TFA UC-15 772 1158 5.98 Vacant City Service YardYES - Current YES - City-Owned Available Not Used in Prior Housing Element 463 154 154 772 CHULA VISTA 726 BROADWAY 91911 5712001200 FAR 1.0 / MUR C-2 0 12 0.36 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 392378 251304 1962 YES YES 1:12 CHULA VISTA 772 BROADWAY 91911 5712001800 FAR 1.0 / MUR C-2 0 9 0.29 Vacant Lot YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 CHULA VISTA 830 BROADWAY 91911 5713100300 FAR 1.0 / MUR C-2 0 13 0.41 Automotive Repairs YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 7 614154 305703 1975 YES YES 1:13 CHULA VISTA 840 BROADWAY 91911 5713100500 FAR 1.0 / MUR C-2 0 7 0.21 Tavern Lounge YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 3 295615 129279 1965 YES YES 1:7 CHULA VISTA 842 BROADWAY 91911 5713100600 FAR 1.0 / MUR C-2 0 7 0.21 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 3 81511 43090 1953 YES YES 1:7 CHULA VISTA 850 BROADWAY 91911 5713100800 FAR 1.0 / MUR C-2 0 13 0.41 Automotive Sales YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 7 909324 779460 1965 YES YES 1:13 CHULA VISTA 621 L ST 91911 5713101200 FAR 1.0 / MUR C-2 0 65 2.00 Wholesale Yard YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 16 16 32 385037 181193 1972 YES YES 1:65 CHULA VISTA 898 BROADWAY 91911 5713101400 FAR 1.0 / MUR C-2 0 16 0.51 Service Station YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 1011983 171619 1968 YES YES 1:16 CHULA VISTA 818 BROADWAY 91911 5713101500 FAR 1.0 / MUR C-2 0 23 0.72 Automotive Sales YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 1100000 125000 1974 YES YES 1:23 CHULA VISTA 860 BROADWAY 91911 5713101800 FAR 1.0 / MUR C-2 0 13 0.40 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 709545 157676 1966 YES YES 1:13 CHULA VISTA 804 BROADWAY 91911 5713101900 FAR 1.0 / MUR C-2 0 16 0.51 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 434965 105916 1961 YES YES 1:16 CHULA VISTA 880 BROADWAY 91911 5713102000 FAR 1.0 / MUR C-2 0 23 0.72 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 1800000 600000 1988 YES YES 1:23 CHULA VISTA 645 BROADWAY 91911 5720802900 FAR 1.0 / MUR C-2 0 9 0.28 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 260355 163048 1958 YES YES 1:9 2022/09/13 City Council Post Agenda Page 544 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 625 BROADWAY 91911 5720803200 FAR 1.0 / MUR C-2 0 5 0.14 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 150455 117304 1969 YES YES 1:5 CHULA VISTA 601 BROADWAY 91911 5720803500 FAR 1.0 / MUR C-2 0 15 0.48 Retail Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 683024 466292 1981 YES YES 1:15 CHULA VISTA 663 BROADWAY 91911 5721310100 FAR 1.0 / MUR C-2 0 8 0.25 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 135939 11286 1950 YES YES 1:8 CHULA VISTA 733 BROADWAY 91911 5721803200 FAR 1.0 / MUR C-2 0 16 0.51 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 744302 626280 1964 YES YES 1;16 CHULA VISTA 725 BROADWAY 91911 5721803300 FAR 1.0 / MUR C-2 0 4 0.14 Cocktail Lounge YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 67845 33913 1956 YES YES 1:4 CHULA VISTA 701 BROADWAY 91911 5721805700 FAR 1.0 / MUR C-2 0 8 0.26 Service Station YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 241340 88046 1963 YES YES 1:8 CHULA VISTA 795 BROADWAY 91911 5722120500 FAR 1.0 / MUR C-2 0 32 1.00 Car Wash YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 8 8 16 543628 349598 1968 YES YES 1:32 CHULA VISTA 769 BROADWAY 91911 5722120600 FAR 1.0 / MUR C-2 0 18 0.55 Auto Sales/Historic HomeYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 9 620000 190000 1961 YES YES 1:18 CHULA VISTA 881 BROADWAY 91911 5722811100 FAR 1.0 / MUR C-2 0 21 0.66 Thrift Store YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 11 731863 684944 1960 YES YES 1:21 CHULA VISTA 893 BROADWAY 91911 5722811300 FAR 1.0 / MUR C-2 0 20 0.63 Retail Center YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 10 1019255 792753 1981 YES YES 1:20 CHULA VISTA 615 CHULA VISTA ST 91910 5650401000 FAR 1.0 / MUR C-3 0 4 0.12 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 277578 111030 1966 YES YES 1:4 CHULA VISTA 36 BROADWAY 91910 5650401300 FAR 1.0 / MUR C-3 0 11 0.35 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 562210 73378 1951 YES YES 1:11 CHULA VISTA 24 BROADWAY 91910 5650401400 FAR 1.0 / MUR C-3 0 18 0.57 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 5 9 226443 135728 1969 YES YES 1:18 CHULA VISTA 44 BROADWAY 91910 5650401500 FAR 1.0 / MUR C-3 0 4 0.11 Automotive Repair YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 482905 257544 1978 YES YES 1:4 CHULA VISTA 46 BROADWAY 91910 5650401600 FAR 1.0 / MUR C-3 0 7 0.22 Historic Dry Cleaners YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 728068 182016 1945 YES YES 1:7 CHULA VISTA 82 BROADWAY 91910 5650600900 FAR 1.0 / MUR C-3 0 15 0.47 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 4 8 181159 158565 1953 YES YES 1:15 CHULA VISTA 140 BROADWAY 91910 5651621600 FAR 1.0 / MUR C-3 0 5 0.14 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 394050 328374 1965 YES YES 1:5 CHULA VISTA 126 BROADWAY 91910 5651622000 FAR 1.0 / MUR C-3 0 5 0.17 Automotive Sales YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 3 216148 28437 1956 YES YES 1:5 CHULA VISTA 142 BROADWAY 91910 5651622700 FAR 1.0 / MUR C-3 0 9 0.28 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 5 135728 33003 1959 YES YES 1:9 CHULA VISTA 123 BROADWAY 91910 5651702200 FAR 1.0 / MUR C-3 0 3 0.11 Single Family ResidentialYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 268050 160830 1923 YES YES 1:3 CHULA VISTA 147 BROADWAY 91910 5651702600 FAR 1.0 / MUR C-3 0 7 0.21 Automotive Sales YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 3 318288 53036 1969 YES YES 1:7 CHULA VISTA 107 BROADWAY 91910 5651703200 FAR 1.0 / MUR C-3 0 31 0.97 Automotive Repair YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 8 8 16 1017054 264260 1963 YES YES 1:31 CHULA VISTA 115 BROADWAY 91910 5651703500 FAR 1.0 / MUR C-3 0 5 0.15 Restaurant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 488911 113213 1925 YES YES 1:5 CHULA VISTA 169 BROADWAY 91910 5652400500 FAR 1.0 / MUR C-3 0 3 0.10 Automotive Sales YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 49660 15895 1988 YES YES 1:3 CHULA VISTA 173 BROADWAY 91910 5652400600 FAR 1.0 / MUR C-3 0 4 0.11 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 1 1 2 88713 31528 1924 YES YES 1:4 CHULA VISTA 45 BROADWAY 91910 5653201100 FAR 1.0 / MUR C-3 0 13 0.40 Historic Auto/Retail ServiceYES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 465521 286099 1952 YES YES 1:13 CHULA VISTA 29 BROADWAY 91910 5653201500 FAR 1.0 / MUR C-3 0 23 0.72 Retail Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 6 12 215128 147242 1974 YES YES 1:23 CHULA VISTA 77 BROADWAY 91910 5653300100 FAR 1.0 / MUR C-3 0 12 0.36 Automotive Services YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 3 6 356664 72083 1953 YES YES 1:12 CHULA VISTA 99 BROADWAY 91910 5653300200 FAR 1.0 / MUR C-3 0 7 0.23 Motel YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 2 4 721709 499643 1952 YES YES 1:7 CHULA VISTA 750 E ST 91910 5670312600 FAR 6.0 / TFA UC-15 536 803 4.15 E Street Trolley ParkingYES - Current YES - Other Publicly-Owned Available Not Used in Prior Housing Element 322 107 107 536 YES 1:803 CHULA VISTA 74 H ST 91910 5671902900 FAR 6.0 / TFA UC-12 404 606 3.13 H Street Trolley ParkingYES - Current YES - Other Publicly-Owned Available Not Used in Prior Housing Element 242 81 81 404 YES 1:606 CHULA VISTA 999999 PALOMAR ST 91911 6220812701 FAR 2.0 / TFA MU-1 0 57 0.89 MTS Palomar Trolley ParkingYES - Current YES - Other Publicly-Owned Available Not Used in Prior Housing Element 17 6 6 29 YES 1:57 CHULA VISTA 999999 PALOMAR ST 91911 6220812801 FAR 2.0 / TFA MU-1 0 248 3.84 MTS Palomar Trolley ParkingYES - Current YES - Other Publicly-Owned Available Not Used in Prior Housing Element 74 25 25 124 YES 1:248 CHULA VISTA 748-60 Anita St 91911 6220728400 RH PRV 0 96 2.03 SFRs YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 96 0 0 96 CHULA VISTA 245 BONITA GLEN DR 91910 5701406500 A CR CCP 0 170 3.67 VACANT PARCEL YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 5 165 0 170 1:24 CHULA VISTA 999999 BONITA GLEN DR 91910 5701406400 A CR CCP 0 0 1.57 VACANT PARCEL YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 1:170 CHULA VISTA 999999 SANTA VICTORIA RD 91913 6443120200 RLM SF3 0 62 38.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 62 62 CHULA VISTA 999999 CARPINTERIA ST 91913 6443503300 B RLM SF4 0 51 1.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 51 51 CHULA VISTA 999999 CARPINTERIA ST 91913 6443605300 B RLM SF5 0 0 5.24 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 1322 STEARNS WHARF RD 91913 6443455000 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1432 ORTEGA ST 91913 6443414700 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1438 ORTEGA ST 91913 6443414800 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1465 KECK RD 91913 6443416100 RLM SF4 0 1 0.15 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1457 KECK RD 91913 6443415900 RLM SF4 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1445 KECK RD 91913 6443415600 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1437 KECK RD 91913 6443415400 RLM SF4 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1449 KECK RD 91913 6443415700 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1441 KECK RD 91913 6443415500 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1461 KECK RD 91913 6443416000 RLM SF4 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1453 KECK RD 91913 6443415800 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1442 KECK RD 91913 6443420100 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1454 KECK RD 91913 6443416300 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1450 KECK RD 91913 6443416400 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA KECK RD 91913 6443416200 RLM SF4 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1446 KECK RD 91913 6443416500 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1468 ORTEGA ST 91913 6443415300 RLM SF4 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1456 ORTEGA ST 91913 6443415100 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1426 ORTEGA ST 91913 6443414600 RLM SF4 0 1 0.15 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1462 ORTEGA ST 91913 6443415200 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1450 ORTEGA ST 91913 6443415000 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1707 LA CUMBRE AVE 91913 6443417100 RLM SF2 0 1 0.20 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1711 LA CUMBRE AVE 91913 6443417200 RLM SF2 0 1 0.15 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1715 LA CUMBRE AVE 91913 6443417300 RLM SF2 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1414 DOME ROCK PL 91913 6443434300 RLM SF2 0 1 0.18 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1406 DOME ROCK PL 91913 6443434500 RLM SF2 0 1 0.17 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1413 DOME ROCK PL 91913 6443434200 RLM SF2 0 1 0.18 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1405 DOME ROCK PL 91913 6443434000 RLM SF2 0 1 0.21 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1732 PATERNA DR 91913 6443434600 RLM SF2 0 1 0.18 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1728 PATERNA DR 91913 6443434700 RLM SF2 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1724 PATERNA DR 91913 6443434800 RLM SF2 0 1 0.17 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1703 PATERNA DR 91913 6443433600 RLM SF2 0 1 0.19 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1721 PATERNA DR 91913 6443433900 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1715 PATERNA DR 91913 6443433800 RLM SF2 0 1 0.27 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1709 PATERNA DR 91913 6443433700 RLM SF2 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1706 COTA CT 91913 6443433500 RLM SF2 0 1 0.19 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1711 COTA CT 91913 6443433100 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1712 COTA CT 91913 6443433400 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1718 COTA CT 91913 6443433300 RLM SF2 0 1 0.20 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1717 COTA CT 91913 6443433200 RLM SF2 0 1 0.21 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1705 COTA CT 91913 6443433000 RLM SF2 0 1 0.19 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1751 LA CUMBRE AV 91913 6443432400 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1759 LA CUMBRE AV 91913 6443432600 RLM SF2 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1758 LA CUMBRE AV 91913 6443432700 RLM SF2 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1755 LA CUMBRE AV 91913 6443432500 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1754 LA CUMBRE AV 91913 6443432800 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1750 LA CUMBRE AV 91913 6443432900 RLM SF2 0 1 0.20 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1747 LA CUMBRE AV 91913 6443432300 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1739 LA CUMBRE AV 91913 6443417900 RLM SF2 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1731 LA CUMBRE AV 91913 6443417700 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1743 LA CUMBRE AV 91913 6443418000 RLM SF2 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1735 LA CUMBRE AV 91913 6443417800 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1719 LA CUMBRE AV 91913 6443417400 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1727 LA CUMBRE AV 91913 6443417600 RLM SF2 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1703 LA CUMBRE AV 91913 6443417000 RLM SF2 0 1 0.21 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1723 LA CUMBRE AV 91913 6443417500 RLM SF2 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1722 PILOT PEAK AV 91913 6443421900 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1734 PILOT PEAK AV 91913 6443422200 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1725 VACAVILLE AV 91913 6443423100 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1726 PILOT PEAK AV 91913 6443422000 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1729 VACAVILLE AV 91913 6443423200 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1730 PILOT PEAK AV 91913 6443422100 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1721 VACAVILLE AV 91913 6443423000 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1733 VACAVILLE AV 91913 6443423300 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1737 VACAVILLE AV 91913 6443423400 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1742 PILOT PEAK AV 91913 6443422400 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1745 VACAVILLE AV 91913 6443423600 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1738 PILOT PEAK AV 91913 6443422300 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1746 PILOT PEAK AV 91913 6443422500 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1741 VACAVILLE AV 91913 6443423500 RLM SF4 0 1 0.08 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1793 SANTA CHRISTINA AV 91913 6443455600 RLM SF3 0 1 0.15 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1797 SANTA CHRISTINA AV 91913 6443455700 RLM SF3 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1801 SANTA CHRISTINA AV 91913 6443455800 RLM SF3 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1789 SANTA CHRISTINA AV 91913 6443455500 RLM SF3 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1785 SANTA CHRISTINA AV 91913 6443455400 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1807 ASHLEY AV 91913 6443152300 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1816 ASHLEY AV 91913 6443154500 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1804 ASHLEY AV 91913 6443154800 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1808 ASHLEY AV 91913 6443154700 RLM SF3 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1803 ASHLEY AV 91913 6443152200 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 545 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1813 ASHLEY AV 91913 6443152400 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1812 ASHLEY AV 91913 6443154600 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1809 MARTINEZ DR 91913 6443155000 RLM SF3 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1813 MARTINEZ DR 91913 6443155100 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1829 MARTINEZ DR 91913 6443155500 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1837 MARTINEZ DR 91913 6443155700 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1845 MARTINEZ DR 91913 6443155900 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1821 MARTINEZ DR 91913 6443155300 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1805 MARTINEZ DR 91913 6443154900 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1817 MARTINEZ DR 91913 6443155200 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1825 MARTINEZ DR 91913 6443155400 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1833 MARTINEZ DR 91913 6443155600 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1841 MARTINEZ DR 91913 6443155800 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1846 MARTINEZ DR 91913 6443156600 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1842 MARTINEZ DR 91913 6443156700 RLM SF3 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1838 MARTINEZ DR 91913 6443156800 RLM SF3 0 1 0.15 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1798 PATERNA DR 91913 6443156800 RLM SF3 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1782 PATERNA DR 91913 6443452100 RLM SF3 0 1 0.26 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1802 PATERNA DR 91913 6443441400 RLM SF3 0 1 0.40 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1208 WYCKOFF ST 91913 6443901900 RLM SF3 0 1 0.22 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1220 WYCKOFF ST 91913 6443902100 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1866 EL PASEO AV 91913 6443902400 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1874 EL PASEO AV 91913 6443902600 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1834 EL PASEO AV 91913 6443901600 RLM SF3 0 1 0.19 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1214 WYCKOFF ST 91913 6443902000 RLM SF3 0 1 0.17 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1870 EL PASEO AV 91913 6443902500 RLM SF3 0 1 0.14 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1209 WYCKOFF ST 91913 6443901800 RLM SF3 0 1 0.19 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1215 WYCKOFF ST 91913 6443901700 RLM SF3 0 1 0.24 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1226 WYCKOFF ST 91913 6443902200 RLM SF3 0 1 0.16 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1862 EL PASEO AV 91913 6443902300 RLM SF3 0 1 0.17 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1240 SPIVEY RD 91913 6443900900 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1248 SPIVEY RD 91913 6443901100 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1264 SPIVEY RD 91913 6443901500 RLM SF3 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1252 SPIVEY RD 91913 6443901200 RLM SF3 0 1 0.24 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1260 SPIVEY RD 91913 6443901400 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1244 SPIVEY RD 91913 6443901000 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1256 SPIVEY RD 91913 6443901300 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1212 SPIVEY RD 91913 6443900200 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1224 SPIVEY RD 91913 6443900500 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1232 SPIVEY RD 91913 6443900700 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1220 SPIVEY RD 91913 6443900400 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1228 SPIVEY RD 91913 6443900600 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1208 SPIVEY RD 91913 6443900100 RLM SF3 0 1 0.23 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1216 SPIVEY RD 91913 6443900300 RLM SF3 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1236 SPIVEY RD 91913 6443900800 RLM SF3 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1882 EL PASEO AV 91913 6443902800 RLM SF3 0 1 0.20 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1881 EL PASEO AV 91913 6443903100 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1865 EL PASEO AV 91913 6443903500 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1878 EL PASEO AV 91913 6443902700 RLM SF3 0 1 0.21 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1873 EL PASEO AV 91913 6443903300 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1886 EL PASEO AV 91913 6443902900 RLM SF3 0 1 0.26 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1885 EL PASEO AV 91913 6443903000 RLM SF3 0 1 0.28 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1877 EL PASEO AV 91913 6443903200 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1869 EL PASEO AV 91913 6443903400 RLM SF3 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1868 PATERNA DR 91913 6443440300 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1856 PATERNA DR 91913 6443440500 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1865 PATERNA DR 91913 6443440800 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1880 PATERNA DR 91913 6443440100 RLM SF3 0 1 0.19 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1877 PATERNA DR 91913 6443440600 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1853 PATERNA DR 91913 6443441000 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1874 PATERNA DR 91913 6443440200 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1862 PATERNA DR 91913 6443440400 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1871 PATERNA DR 91913 6443440700 RLM SF3 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1859 PATERNA DR 91913 6443440900 RLM SF3 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1811 MATTERO AV 91913 6443163700 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1819 MATTERO AV 91913 6443163800 RLM SF4 0 1 0.10 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1823 MATTERO AV 91913 6443163900 RLM SF4 0 1 0.10 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1827 MATTERO AV 91913 6443164000 RLM SF4 0 1 0.10 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1835 MATTERO AV 91913 6443164100 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1249 SPIVEY RD 91913 6443164200 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1255 SPIVEY RD 91913 6443164300 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1259 SPIVEY RD 91913 6443164400 RLM SF4 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1263 SPIVEY RD 91913 6443164500 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1814 EL PASEO AV 91913 6443164600 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1810 EL PASEO AV 91913 6443164700 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1806 EL PASEO AV 91913 6443164800 RLM SF4 0 1 0.20 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1807 EL PASEO AV 91913 6443164900 RLM SF4 0 1 0.25 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1811 EL PASEO AV 91913 6443165000 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1815 EL PASEO AV 91913 6443165100 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1819 EL PASEO AV 91913 6443165200 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1823 EL PASEO AV 91913 6443165300 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1827 EL PASEO AV 91913 6443165400 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1831 EL PASEO AV 91913 6443165500 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1835 EL PASEO AV 91913 6443165600 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1843 EL PASEO AV 91913 6443165700 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1847 EL PASEO AV 91913 6443165800 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1851 EL PASEO AV 91913 6443165900 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1855 EL PASEO AV 91913 6443166000 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1844 MATTERO AV 91913 6443166100 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1838 MATTERO AV 91913 6443166200 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1832 MATTERO AV 91913 6443166300 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1826 MATTERO AV 91913 6443166400 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1820 MATTERO AV 91913 6443166500 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1814 MATTERO AV 91913 6443166600 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1808 MATTERO AV 91913 6443166700 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1802 MATTERO AV 91913 6443166800 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1829 PASEO BACHAR 91913 6443167500 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1833 PASEO BACHAR 91913 6443167600 RLM SF4 0 1 0.14 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1211 SPIVEY RD 91913 6443167700 RLM SF4 0 1 0.18 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1215 SPIVEY RD 91913 6443167800 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1219 SPIVEY RD 91913 6443167900 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1223 SPIVEY RD 91913 6443168000 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1227 SPIVEY RD 91913 6443168100 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1828 PASEO BACHAR 91913 6443168200 RLM SF4 0 1 0.15 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1229 TERSTAL PL 91913 6443168300 RLM SF4 0 1 0.16 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1225 TERSTAL PL 91913 6443168400 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1221 TERSTAL PL 91913 6443168500 RLM SF4 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1217 TERSTAL PL 91913 6443168600 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1213 TERSTAL PL 91913 6443168700 RLM SF4 0 1 0.17 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1209 TERSTAL PL 91913 6443168800 RLM SF4 0 1 0.10 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1205 TERSTAL PL 91913 6443168900 RLM SF4 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1812 PASEO BACHAR 91913 6443169000 RLM SF4 0 1 0.13 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1214 IDANAN RD 91913 6443161300 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1217 LORENZO RD 91913 6443161700 RLM SF4 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1221 LORENZO RD 91913 6443161800 RLM SF4 0 1 0.13 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1805 PASEO BACHAR 91913 6443166900 RLM SF4 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1809 PASEO BACHAR 91913 6443167000 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 546 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1813 PASEO BACHAR 91913 6443167100 RLM SF4 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1817 PASEO BACHAR 91913 6443167200 RLM SF4 0 1 0.12 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1821 PASEO BACHAR 91913 6443167300 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1825 PASEO BACHAR 91913 6443167400 RLM SF4 0 1 0.11 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 99999 SANTA VICTORIA RD 91913 6443120100 RLM RM1/2 0 386 41.18 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 386 386 CHULA VISTA 1403 CARPINTERIA ST 91913 6443140100 RLM RM1 0 1 0.09 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1557 YANONALI AV 91913 6443140400 RLM RM1 0 1 0.10 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1347 CANON PERDIDO ST 91913 6443142900 RLM RM1 0 1 0.09 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146200 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146300 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146400 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146500 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146600 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146700 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146800 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443146900 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443147000 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443147100 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443147200 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 DONZE AVE 91913 6443147300 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147400 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147500 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147600 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147700 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147800 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443147900 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148000 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148100 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148200 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148300 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148400 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148500 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148600 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148700 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148800 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443148900 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149000 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149100 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149200 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149300 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149400 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149500 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 0 PAINTED CAVE AVE 91913 6443149600 RLM RM1 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1521 CARPINTERIA ST 91913 6443522000 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1525 CARPINTERIA ST 91913 6443522100 RLM RM1 0 1 0.09 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1533 CARPINTERIA ST 91913 6443522200 RLM RM1 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1529 CARPINTERIA ST 91913 6443522300 RLM RM1 0 1 0.12 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1537 CARPINTERIA ST 91913 6443522500 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1541 CARPINTERIA ST 91913 6443522600 RLM RM1 0 1 0.10 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1545 CARPINTERIA ST 91913 6443522700 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1547 CARPINTERIA ST 91913 6443522800 RLM RM1 0 1 0.09 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1549 CARPINTERIA ST 91913 6443522900 RLM RM1 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1563 BATH AV 91913 6443707800 RLM RM2 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1569 BATH AV 91913 6443707900 RLM RM3 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1575 BATH AV 91913 6443708000 RLM RM4 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1581 BATH AV 91913 6443708100 RLM RM5 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1587 BATH AV 91913 6443708200 RLM RM6 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1593 BATH AV 91913 6443708300 RLM RM7 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1599 BATH AV 91913 6443708400 RLM RM8 0 1 0.00 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1313 PERSHING RD 91913 6443213700 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1317 PERSHING RD 91913 6443213800 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1321 PERSHING RD 91913 6443213900 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1325 PERSHING RD 91913 6443214000 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1329 PERSHING RD 91913 6443214100 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1333 PERSHING RD 91913 6443214200 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1337 PERSHING RD 91913 6443214300 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1341 PERSHING RD 91913 6443214400 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1345 PERSHING RD 91913 6443214500 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1349 PERSHING RD 91913 6443214600 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1353 PERSHING RD 91913 6443214700 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1357 PERSHING RD 91913 6443214800 RLM RM1 0 1 0.09 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1434 CARPINTERIA ST 91913 6443214900 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1430 CARPINTERIA ST 91913 6443215000 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1426 CARPINTERIA ST 91913 6443215100 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1422 CARPINTERIA ST 91913 6443215200 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1418 CARPINTERIA ST 91913 6443215300 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1414 CARPINTERIA ST 91913 6443215400 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1410 CARPINTERIA ST 91913 6443215500 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1406 CARPINTERIA ST 91913 6443215600 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1402 CARPINTERIA ST 91913 6443215700 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1398 CARPINTERIA ST 91913 6443215800 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1394 CARPINTERIA ST 91913 6443215900 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1390 CARPINTERIA ST 91913 6443216000 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 999999 PERSHING RD 91913 6443503100 RLM RM1 0 9 0.76 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 9 9 CHULA VISTA 999999 PERSHING RD 91913 6443510100 RLM RM1 0 3 0.28 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 3 3 CHULA VISTA 1483 PERSHING RD 91913 6443510200 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1481 PERSHING RD 91913 6443510300 RLM RM1 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1479 PERSHING RD 91913 6443510400 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1477 PERSHING RD 91913 6443510500 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1469 PERSHING RD 91913 6443510600 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1467 PERSHING RD 91913 6443510700 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1465 PERSHING RD 91913 6443510800 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1463 PERSHING RD 91913 6443510900 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1541 SANTA ALEXIA AV 91913 6443511000 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1531 SANTA ALEXIA AV 91913 6443511100 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1521 SANTA ALEXIA AV 91913 6443516000 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1511 SANTA ALEXIA AV 91913 6443516100 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1550 CARPINTERIA ST 91913 6443516200 RLM RM1 0 1 0.08 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1554 CARPINTERIA ST 91913 6443516300 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1558 CARPINTERIA ST 91913 6443516400 RLM RM1 0 1 0.07 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1562 CARPINTERIA ST 91913 6443516500 RLM RM1 0 1 0.11 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1566 CARPINTERIA ST 91913 6443516600 RLM RM1 0 1 0.09 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #1 91913 6443503801 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #2 91913 6443503802 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #3 91913 6443503803 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #4 91913 6443503804 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #5 91913 6443503805 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1355 SANTA DIANA RD #6 91913 6443503806 MUR RM2 0 1 0.03 Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 999999 SANTA DIANA RD 91913 6443504000 MUR RM2 0 9 0.37 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 9 9 CHULA VISTA 999999 SANTA VICTORIA RD 91913 6443107100 MUR RM2 0 33 1.81 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 33 0 33 CHULA VISTA 1629 SANTA VENETIA ST 91913 6443105300 & 6443105700 MUR RM2 0 298 10.05 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 298 0 298 CHULA VISTA 1404 SANTA VICTORIA RD #1 91913 6443418201 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1404 SANTA VICTORIA RD #2 91913 6443418202 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1404 SANTA VICTORIA RD #3 91913 6443418203 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 2022/09/13 City Council Post Agenda Page 547 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1404 SANTA VICTORIA RD #4 91913 6443418204 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1404 SANTA VICTORIA RD #5 91913 6443418205 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1404 SANTA VICTORIA RD #6 91913 6443418206 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #1 91913 6443418207 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #2 91913 6443418208 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #3 91913 6443418209 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #4 91913 6443418210 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #5 91913 6443418211 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1414 SANTA VICTORIA RD #6 91913 6443418212 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #1 91913 6443418213 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #2 91913 6443418214 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #3 91913 6443418215 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #4 91913 6443418216 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #5 91913 6443418217 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1424 SANTA VICTORIA RD #6 91913 6443418218 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #1 91913 6443418219 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #2 91913 6443418220 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #3 91913 6443418221 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #4 91913 6443418222 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #5 91913 6443418223 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1434 SANTA VICTORIA RD #6 91913 6443418224 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #1 91913 6443418101 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #2 91913 6443418102 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #3 91913 6443418103 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #4 91913 6443418104 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #5 91913 6443418105 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1380 SANTA VICTORIA RD #6 91913 6443418106 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #1 91913 6443418107 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #2 91913 6443418108 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #3 91913 6443418109 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #4 91913 6443418110 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #5 91913 6443418111 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1390 SANTA VICTORIA RD #6 91913 6443418112 RLM RM2 0 1 0.00 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1369 ORTEGA ST 91913 6443410100 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1375 ORTEGA ST 91913 6443410200 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1381 ORTEGA ST 91913 6443410300 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1387 ORTEGA ST 91913 6443410400 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1393 ORTEGA ST 91913 6443410500 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1399 ORTEGA ST 91913 6443410600 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1405 ORTEGA ST 91913 6443410700 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1411 ORTEGA ST 91913 6443410800 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1417 ORTEGA ST 91913 6443410900 RLM RM1 0 1 0.09 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1368 ORTEGA ST 91913 6443412800 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1374 ORTEGA ST 91913 6443412900 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1380 ORTEGA ST 91913 6443413000 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1386 ORTEGA ST 91913 6443413100 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1392 ORTEGA ST 91913 6443413200 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1398 ORTEGA ST 91913 6443413300 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1397 KECK RD 91913 6443413700 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1401 KECK RD 91913 6443413800 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1405 KECK RD 91913 6443413900 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1409 KECK RD 91913 6443414000 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1413 KECK RD 91913 6443414100 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1417 KECK RD 91913 6443414200 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1421 KECK RD 91913 6443414300 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1425 KECK RD 91913 6443414400 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1429 KECK RD 91913 6443414500 RLM RM1 0 1 0.09 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1321 ORTEGA ST 91913 6443460400 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1327 ORTEGA ST 91913 6443460500 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1333 ORTEGA ST 91913 6443460600 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1339 ORTEGA ST 91913 6443460700 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1345 ORTEGA ST 91913 6443460800 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1351 ORTEGA ST 91913 6443460900 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1357 ORTEGA ST 91913 6443461000 RLM RM1 0 1 0.07 Permits Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1270 SANTA LIZA #1 91913 6443133301 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1270 SANTA LIZA #2 91913 6443133302 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1270 SANTA LIZA #3 91913 6443133303 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1270 SANTA LIZA #4 91913 6443133304 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1270 SANTA LIZA #5 91913 6443133305 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1270 SANTA LIZA #6 91913 6443133306 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #1 91913 6443133307 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #2 91913 6443133308 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #3 91913 6443133309 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #4 91913 6443133310 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #5 91913 6443133311 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1290 SANTA LIZA #6 91913 6443133312 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #1 91913 6443133313 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #2 91913 6443133314 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #3 91913 6443133315 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #4 91913 6443133316 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #5 91913 6443133317 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #6 91913 6443133318 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #7 91913 6443133319 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #8 91913 6443133320 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1310 SANTA LIZA #9 91913 6443133321 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #1 91913 6443133322 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #2 91913 6443133323 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #3 91913 6443133324 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #4 91913 6443133325 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #5 91913 6443133326 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #6 91913 6443133327 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #7 91913 6443133328 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1330 SANTA LIZA #8 91913 6443133329 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #1 91913 6443133330 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #2 91913 6443133331 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #3 91913 6443133332 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #4 91913 6443133333 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #5 91913 6443133334 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #6 91913 6443133335 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #7 91913 6443133336 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1257 IDANAN RD #8 91913 6443133337 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #1 91913 6443133338 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #2 91913 6443133339 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #3 91913 6443133340 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #4 91913 6443133341 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #5 91913 6443133342 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1245 IDANAN RD #6 91913 6443133343 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #1 91913 6443133344 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #2 91913 6443133345 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #3 91913 6443133346 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #4 91913 6443133347 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #5 91913 6443133348 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #6 91913 6443133349 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1231 IDANAN RD #7 91913 6443133350 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 2022/09/13 City Council Post Agenda Page 548 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1231 IDANAN RD #8 91913 6443133351 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #1 91913 6443133352 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #2 91913 6443133353 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #3 91913 6443133354 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #4 91913 6443133355 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #5 91913 6443133356 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1216 IDANAN RD #6 91913 6443133357 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1217 IDANAN RD #7 91913 6443133358 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1215 IDANAN RD #8 91913 6443133359 RLM RM2 0 1 0.00 Partially Developed YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1800 SANTA CAROLINA RD 91913 6443139600 C RLM RM2 0 330 0.95 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 330 0 330 CHULA VISTA 1800 SANTA CAROLINA RD 91913 6443139700 C RLM RM3 0 0 5.76 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 1800 SANTA CAROLINA RD 91913 6443139800 C RLM RM4 0 0 7.41 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 999999 SANTA VICTORIA RD 91913 6443402300 RLM RM2 0 25 0.90 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 25 0 25 CHULA VISTA 999999 OLYMPIC PW 91913 6443110200 MUR MU 0 38 1.80 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 38 0 38 CHULA VISTA 999999 SANTA VICTORIA RD 91913 6443100900 MUR MU 0 50 2.40 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 50 0 50 CHULA VISTA 1580 LA MEDIA RD 91913 6443100500 MUR MU 0 90 4.30 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 90 0 90 CHULA VISTA 999999 SANTA VICTORIA RD 91913 6443100600 MUR MU 0 235 15.20 Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 235 235 CHULA VISTA 941 CAMINO ALDEA 91913 6443800300 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 945 CAMINO ALDEA 91913 6443800200 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 949 CAMINO ALDEA 91913 6443800100 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 833 CAMINO CANTERA 91913 6443801700 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 825 CAMINO CANTERA 91913 6443801900 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 822 CAMINO CANTERA 91913 6443803500 RM SF4 0 1 0.77 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 829 CAMINO CANTERA 91913 6443801800 RM SF4 0 1 0.67 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 830 CAMINO CANTERA 91913 6443803700 RM SF4 0 1 0.96 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 837 CAMINO CANTERA 91913 6443801600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 821 CAMINO CANTERA 91913 6443802000 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 826 CAMINO CANTERA 91913 6443803600 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 834 CAMINO CANTERA 91913 6443803800 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 910 CAMINO MEANDRO 91913 6443800700 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 914 CAMINO MEANDRO 91913 6443800800 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 909 CAMINO MEANDRO 91913 6443801400 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 906 CAMINO MEANDRO 91913 6443800600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 905 CAMINO MEANDRO 91913 6443801500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 922 CAMINO MEANDRO 91913 6443801000 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 917 CAMINO MEANDRO 91913 6443801200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 921 CAMINO MEANDRO 91913 6443801100 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 918 CAMINO MEANDRO 91913 6443800900 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 913 CAMINO MEANDRO 91913 6443801300 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 933 CAMINO ALDEA 91913 6443800500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 937 CAMINO ALDEA 91913 6443800400 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 850 CAMINO CANTERA 91913 6443804200 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 838 CAMINO CANTERA 91913 6443803900 RM SF4 0 1 0.12 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 858 CAMINO CANTERA 91913 6443804400 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 842 CAMINO CANTERA 91913 6443804000 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 846 CAMINO CANTERA 91913 6443804100 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 854 CAMINO CANTERA 91913 6443804300 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 874 CAMINO CANTERA 91913 6443804800 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 862 CAMINO CANTERA 91913 6443804500 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 870 CAMINO CANTERA 91913 6443804700 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 878 CAMINO CANTERA 91913 6443804900 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 866 CAMINO CANTERA 91913 6443804600 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 882 CAMINO CANTERA 91913 6443805000 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 940 CAMINO ALDEA 91913 6443807600 RM SF4 0 1 0.12 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 944 CAMINO ALDEA 91913 6443807700 RM SF4 0 1 0.12 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 948 CAMINO ALDEA 91913 6443807800 RM SF4 0 1 0.13 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1088 CAMINO PRADO 91913 6443822000 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1076 CAMINO PRADO 91913 6443821700 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1068 CAMINO PRADO 91913 6443821500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1084 CAMINO PRADO 91913 6443821900 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1080 CAMINO PRADO 91913 6443821800 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1072 CAMINO PRADO 91913 6443821600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1004 CAMINO PRADO 91913 6443820100 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1012 CAMINO PRADO 91913 6443820300 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1008 CAMINO PRADO 91913 6443820200 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1016 CAMINO PRADO 91913 6443820400 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1024 CAMINO PRADO 91913 6443820600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1020 CAMINO PRADO 91913 6443820500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620100 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620300 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620400 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620500 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620600 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620700 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1930 Avenida Escaya 91913 6440620800 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440620900 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621000 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621100 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621300 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621400 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621500 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621600 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621700 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621800 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440621900 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622000 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622100 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622300 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622400 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622700 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622800 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440622900 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623000 RM SF4 0 1 0.18 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623100 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623300 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623400 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623500 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623600 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623700 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623800 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440623900 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440624000 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440624100 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440624200 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440624300 RM SF4 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA n/a 91913 6440624400 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1143 CALLE PILARES 91913 6443861200 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1131 CALLE PILARES 91913 6443861500 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 549 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1119 CALLE PILARES 91913 6443861800 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1127 CALLE PILARES 91913 6443861600 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1135 CALLE PILARES 91913 6443861400 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1115 CALLE PILARES 91913 6443861900 RM SF4 0 1 0.13 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1123 CALLE PILARES 91913 6443861700 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1140 CALLE PILARES 91913 6443858700 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1152 CALLE PILARES 91913 6443859000 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1144 CALLE PILARES 91913 6443858800 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1156 CALLE PILARES 91913 6443859100 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1160 CALLE PILARES 91913 6443859200 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1148 CALLE PILARES 91913 6443858900 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2118 PASEO CULTURA 91913 6443866600 RM SF4 0 1 0.14 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2106 PASEO CULTURA 91913 6443866900 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2094 PASEO CULTURA 91913 6443867100 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2114 PASEO CULTURA 91913 6443866700 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2110 PASEO CULTURA 91913 6443866800 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2098 PASEO CULTURA 91913 6443867000 RM SF4 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2096 AVENIDA ANDANZA 91913 6443884000 RMH RM1 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2101 PASEO CULTURA 91913 6443883200 RMH RM1 0 1 0.06 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2097 PASEO CULTURA 91913 6443883100 RMH RM1 0 1 0.06 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2105 PASEO CULTURA 91913 6443883300 RMH RM1 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2100 AVENIDA ANDANZA 91913 6443883900 RMH RM1 0 1 0.07 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2113 PASEO CULTURA 91913 6443883500 RMH RM1 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2104 AVENIDA ANDANZA 91913 6443883800 RMH RM1 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2117 PASEO CULTURA 91913 6443883600 RMH RM1 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2109 PASEO CULTURA 91913 6443883400 RMH RM1 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2108 AVENIDA ANDANZA 91913 6443883700 RMH RM1 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1234 CAMINO PRADO 91913 6443893700 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1246 CAMINO PRADO 91913 6443893400 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1238 CAMINO PRADO 91913 6443893600 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1250 CAMINO PRADO 91913 6443893300 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1242 CAMINO PRADO 91913 6443893500 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1258 CAMINO PRADO 91913 6443893100 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1274 CAMINO PRADO 91913 6443892800 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1268 CAMINO PRADO 91913 6443892900 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1278 CAMINO PRADO 91913 6443892700 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1262 CAMINO PRADO 91913 6443893000 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1254 CAMINO PRADO 91913 6443893200 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1219 CORTE MENDI 91913 6443891900 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1216 CORTE MENDI 91913 6443891300 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1211 CORTE MENDI 91913 6443891700 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1208 CORTE MENDI 91913 6443891500 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1224 CORTE MENDI 91913 6443891100 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1212 CORTE MENDI 91913 6443891400 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1215 CORTE MENDI 91913 6443891800 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1207 CORTE MENDI 91913 6443891600 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1223 CORTE MENDI 91913 6443892000 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1220 CORTE MENDI 91913 6443891200 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1231 CORTE MENDI 91913 6443892200 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1243 CORTE MENDI 91913 6443892500 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1228 CORTE MENDI 91913 6443891000 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1236 CORTE MENDI 91913 6443890800 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1235 CORTE MENDI 91913 6443892300 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1247 CORTE MENDI 91913 6443892600 RM SF4 0 1 0.11 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1227 CORTE MENDI 91913 6443892100 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1232 CORTE MENDI 91913 6443890900 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1239 CORTE MENDI 91913 6443892400 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1221 CALLE DECEO 91913 6443890300 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1233 CALLE DECEO 91913 6443890600 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1225 CALLE DECEO 91913 6443890400 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1217 CALLE DECEO 91913 6443890200 RM SF4 0 1 0.09 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1213 CALLE DECEO 91913 6443890100 RM SF4 0 1 0.14 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1237 CALLE DECEO 91913 6443890700 RM SF4 0 1 0.14 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1229 CALLE DECEO 91913 6443890500 RM SF4 0 1 0.10 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 959 CAMINO ALDEA 91913 6443846500 RMH RM1 0 1 0.06 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 955 CAMINO ALDEA 91913 6443846600 RMH RM1 0 1 0.06 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 951 CAMINO ALDEA 91913 6443846700 RMH RM1 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 963 CAMINO ALDEA 91913 6443846400 RMH RM1 0 1 0.06 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 967 CAMINO ALDEA 91913 6443846300 RMH RM1 0 1 0.08 SFR Permit Issued YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1972 VIA BUENA #119 91913 6440614700 MU MU-1 0 239 7.04 MU Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 194 0 194 CHULA VISTA n/a 91913 6440602400 RLM SF-1 0 73 15.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 73 73 CHULA VISTA n/a 91913 6440602400 RLM RM-1 0 110 7.91 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 110 110 CHULA VISTA n/a 91913 6440602400 RLM RM-1 0 40 4.24 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 40 40 CHULA VISTA n/a 91913 6440602400 RLM RM-2 0 127 7.16 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 127 127 CHULA VISTA Planning Area 14a 91913 6440702100 & 6460100800 MUR MF 0 164 4.20 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 126 0 0 126 CHULA VISTA Planning Area 14b 91913 6440702100 & 6460100800 MUR MF 0 165 3.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 90 0 0 90 CHULA VISTA Planning Area 15a 91913 6440702100 & 6460100800 MUR MF 0 226 5.70 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 171 0 0 171 CHULA VISTA Planning Area 15b 91913 6440702100 & 6460100800 MUR MF 0 226 3.90 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 117 0 0 117 CHULA VISTA Planning Area 16 91913 6440702100 & 6460100800 MUR MF 0 287 6.20 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 186 0 0 186 CHULA VISTA Planning Area 17 91913 6440702100 & 6460100800 MUR MF 0 562 12.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 360 0 0 360 CHULA VISTA Planning Area 18a-d 91913 6440702100 & 6460100800 MUR MF 0 547 11.30 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 339 0 0 339 CHULA VISTA Planning Area MU-1a-c 91913 6440702100 & 6460100800 MUR MU 0 440 9.20 MU Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 276 0 0 276 CHULA VISTA Planning Area R1 91913 6440702100 & 6460100800 M SF 0 76 8.40 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 76 76 CHULA VISTA Planning Area R2 91913 6440702100 & 6460100800 M SF 0 34 3.90 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 34 34 CHULA VISTA Planning Area R3 91913 6440702100 & 6460100800 M SF 0 80 9.80 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 80 80 CHULA VISTA Planning Area R4 91913 6440702100 & 6460100800 M SF 0 53 7.60 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 53 53 CHULA VISTA Planning Area R5 91913 6440702100 & 6460100800 M SF 0 23 2.70 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 23 23 CHULA VISTA Planning Area R6 91913 6440702100 & 6460100800 M SF 0 25 2.60 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 25 25 CHULA VISTA Planning Area R7a 91913 6440702100 & 6460100800 M SF 0 14 1.20 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 14 14 CHULA VISTA Planning Area R7b 91913 6440702100 & 6460100800 M SF 0 11 0.90 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 11 11 CHULA VISTA Planning Area R8 91913 6440702100 & 6460100800 M SF 0 33 3.80 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 33 33 CHULA VISTA Planning Area R9 91913 6440702100 & 6460100800 M SF 0 159 17.10 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 159 159 CHULA VISTA Planning Area R10 91913 6440702100 & 6460100800 M SF 0 111 13.50 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 111 111 CHULA VISTA Planning Area R11a 91913 6440702100 & 6460100800 M SF 0 74 9.30 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 74 74 CHULA VISTA Planning Area R11b 91913 6440702100 & 6460100800 M SF 0 10 1.30 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 10 10 CHULA VISTA Planning Area R12a 91913 6440702100 & 6460100800 M SF 0 29 3.90 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 29 29 CHULA VISTA Planning Area R12b 91913 6440702100 & 6460100800 M SF 0 72 10.60 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 72 72 CHULA VISTA Planning Area R13 91913 6440702100 & 6460100800 M SF 0 140 20.50 SF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 140 140 CHULA VISTA Planning Area E 91913 6440712400 MH MH 0 95 5.13 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 95 95 CHULA VISTA Planning Area I 91913 6440711500 MH MH 0 122 6.08 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 122 0 122 CHULA VISTA Planning Area M 91913 6440711600 MH MH 0 153 8.31 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 153 153 CHULA VISTA Planning Area O 91913 6440720100 MH MH 0 160 8.73 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 160 160 CHULA VISTA Planning Area Q 91913 6440720200 M M 0 160 11.08 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 160 160 CHULA VISTA Planning Area U 91913 6440720300 D M M 0 130 14.74 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 130 130 CHULA VISTA Planning Area U 91913 6440722300 D M M 0 0 0.90 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area C 91913 6440710100 E TC TC 0 156 4.08 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 156 0 156 CHULA VISTA Planning Area C 91913 6440710200 E TC TC 0 0 3.38 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area F&W 91913 6440710300 TC TC 0 173 5.14 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 173 0 0 173 CHULA VISTA Planning Area H1 91913 6440710400 F TC TC 0 33 1.87 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 33 33 CHULA VISTA Planning Area H1 91913 6440710600 F TC TC 0 0 2.12 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area H1 91913 6440710700 F TC TC 0 0 1.79 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area H1 91913 6440710500 F TC TC 0 0 1.72 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area J 91913 6440710900 TC TC 0 161 5.49 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 161 0 161 CHULA VISTA Planning Area L 91913 6440711000 G TC TC 0 460 3.48 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 418 0 0 418 2022/09/13 City Council Post Agenda Page 550 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA Planning Area L 91913 6440711100 G TC TC 0 0 3.48 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area L 91913 6440711200 G TC TC 0 0 3.57 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA Planning Area L 91913 6440711300 G TC TC 0 0 3.40 TC Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 2052 VIA ESTANCIA 91913 6444030100 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2056 VIA ESTANCIA 91913 6444030200 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2060 VIA ESTANCIA 91913 6444030300 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2064 VIA ESTANCIA 91913 6444030400 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2070 VIA ESTANCIA 91913 6444030500 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2074 VIA ESTANCIA 91913 6444030600 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2078 VIA ESTANCIA 91913 6444030700 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2082 VIA ESTANCIA 91913 6444030800 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2086 VIA ESTANCIA 91913 6444030900 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2090 VIA ESTANCIA 91913 6444031000 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2094 VIA ESTANCIA 91913 6444031100 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2098 VIA ESTANCIA 91913 6444031200 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2102 VIA ESTANCIA 91913 6444031300 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2106 VIA ESTANCIA 91913 6444031400 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2110 VIA ESTANCIA 91913 6444031500 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2114 VIA ESTANCIA 91913 6444031600 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2118 VIA ESTANCIA 91913 6444031700 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2122 VIA ESTANCIA 91913 6444031800 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2126 VIA ESTANCIA 91913 6444031900 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2130 VIA ESTANCIA 91913 6444032000 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2134 VIA ESTANCIA 91913 6444032100 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2138 VIA ESTANCIA 91913 6444032200 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2142 VIA ESTANCIA 91913 6444032300 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2146 VIA ESTANCIA 91913 6444032400 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2150 VIA ESTANCIA 91913 6444032500 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2155 VIA ESTANCIA 91913 6444032600 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2151 VIA ESTANCIA 91913 6444032700 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2147 VIA ESTANCIA 91913 6444032800 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2143 VIA ESTANCIA 91913 6444032900 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2139 VIA ESTANCIA 91913 6444033000 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2135 VIA ESTANCIA 91913 6444033100 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2131 VIA ESTANCIA 91913 6444033200 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2127 VIA ESTANCIA 91913 6444033300 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2123 VIA ESTANCIA 91913 6444033400 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2119 VIA ESTANCIA 91913 6444033500 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2115 VIA ESTANCIA 91913 6444033600 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2111 VIA ESTANCIA 91913 6444033700 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2107 VIA ESTANCIA 91913 6444033800 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2103 VIA ESTANCIA 91913 6444033900 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2089 VIA ESTANCIA 91913 6444034000 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2083 VIA ESTANCIA 91913 6444034100 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2077 VIA ESTANCIA 91913 6444034200 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2071 VIA ESTANCIA 91913 6444034300 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2065 VIA ESTANCIA 91913 6444034400 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2059 VIA ESTANCIA 91913 6444034500 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2053 VIA ESTANCIA 91913 6444034600 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2047 VIA ESTANCIA 91913 6444034700 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2041 VIA ESTANCIA 91913 6444034800 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2035 VIA ESTANCIA 91913 6444034900 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2029 VIA ESTANCIA 91913 6444035000 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2023 VIA ESTANCIA 91913 6444035100 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2017 VIA ESTANCIA 91913 6444035200 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2064 VIA MIRAFLORES 91913 6444035300 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2068 VIA MIRAFLORES 91913 6444035400 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2072 VIA MIRAFLORES 91913 6444035500 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2076 VIA MIRAFLORES 91913 6444035600 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2080 VIA MIRAFLORES 91913 6444035700 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2084 VIA MIRAFLORES 91913 6444035800 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2088 VIA MIRAFLORES 91913 6444035900 LMV LM 0 1 0.20 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2092 VIA MIRAFLORES 91913 6444036000 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2096 VIA MIRAFLORES 91913 6444036100 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2100 VIA MIRAFLORES 91913 6444036200 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2104 VIA MIRAFLORES 91913 6444036300 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2108 VIA MIRAFLORES 91913 6444036400 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2112 VIA MIRAFLORES 91913 6444036500 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2116 VIA MIRAFLORES 91913 6444036600 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2120 VIA MIRAFLORES 91913 6444036700 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2124 VIA MIRAFLORES 91913 6444040100 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2125 VIA MIRAFLORES 91913 6444040200 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2121 VIA MIRAFLORES 91913 6444040300 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2117 VIA MIRAFLORES 91913 6444040400 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2113 VIA MIRAFLORES 91913 6444040500 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2109 VIA MIRAFLORES 91913 6444040600 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2105 VIA MIRAFLORES 91913 6444040700 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2101 VIA MIRAFLORES 91913 6444040800 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2097 VIA MIRAFLORES 91913 6444040900 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2093 VIA MIRAFLORES 91913 6444041000 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2087 VIA MIRAFLORES 91913 6444041100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2079 VIA MIRAFLORES 91913 6444041200 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2073 VIA MIRAFLORES 91913 6444041300 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2067 VIA MIRAFLORES 91913 6444041400 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2076 PASEO LEVANTEN 91913 6444041500 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2080 PASEO LEVANTEN 91913 6444041600 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2084 PASEO LEVANTEN 91913 6444041700 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2088 PASEO LEVANTEN 91913 6444041800 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2092 PASEO LEVANTEN 91913 6444041900 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2096 PASEO LEVANTEN 91913 6444042000 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2100 PASEO LEVANTEN 91913 6444042100 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2104 PASEO LEVANTEN 91913 6444042200 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2108 PASEO LEVANTEN 91913 6444042300 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2116 PASEO LEVANTEN 91913 6444042400 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2122 PASEO LEVANTEN 91913 6444042500 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2128 PASEO LEVANTEN 91913 6444042600 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2134 PASEO LEVANTEN 91913 6444042700 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2138 PASEO LEVANTEN 91913 6444042800 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2133 PASEO LEVANTEN 91913 6444042900 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2129 PASEO LEVANTEN 91913 6444043000 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2125 PASEO LEVANTEN 91913 6444043100 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2121 PASEO LEVANTEN 91913 6444043200 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2117 PASEO LEVANTEN 91913 6444043300 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2113 PASEO LEVANTEN 91913 6444043400 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2109 PASEO LEVANTEN 91913 6444043500 LMV LM 0 1 0.10 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2105 PASEO LEVANTEN 91913 6444043600 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2101 PASEO LEVANTEN 91913 6444043700 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2097 PASEO LEVANTEN 91913 6444043800 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2093 PASEO LEVANTEN 91913 6444043900 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2089 PASEO LEVANTEN 91913 6444044000 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2085 PASEO LEVANTEN 91913 6444044100 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2081 PASEO LEVANTEN 91913 6444044200 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2077 PASEO LEVANTEN 91913 6444044300 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2073 PASEO LEVANTEN 91913 6444044400 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 551 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 2069 PASEO LEVANTEN 91913 6444044500 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2065 PASEO LEVANTEN 91913 6444044600 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2061 PASEO LEVANTEN 91913 6444044700 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2057 PASEO LEVANTEN 91913 6444044800 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2053 PASEO LEVANTEN 91913 6444044900 LMV LM 0 1 0.09 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2049 PASEO LEVANTEN 91913 6444045000 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2142 CORTE LUMINARIA 91913 6444000100 LMV LM 0 1 0.20 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2146 CORTE LUMINARIA 91913 6444000200 LMV LM 0 1 0.20 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2150 CORTE LUMINARIA 91913 6444000300 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2156 PASEO LEVANTEN 91913 6444000400 LMV LM 0 1 0.28 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2160 PASEO LEVANTEN 91913 6444000500 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2164 PASEO LEVANTEN 91913 6444000600 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2168 PASEO LEVANTEN 91913 6444000700 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2172 PASEO LEVANTEN 91913 6444000800 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2176 PASEO LEVANTEN 91913 6444000900 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2180 PASEO LEVANTEN 91913 6444001000 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2184 PASEO LEVANTEN 91913 6444001100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2188 PASEO LEVANTEN 91913 6444001200 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2192 PASEO LEVANTEN 91913 6444001300 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2196 PASEO LEVANTEN 91913 6444001400 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2200 PASEO LEVANTEN 91913 6444001500 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2204 PASEO LEVANTEN 91913 6444001600 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2208 PASEO LEVANTEN 91913 6444001700 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2212 PASEO LEVANTEN 91913 6444001800 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2216 PASEO LEVANTEN 91913 6444001900 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2220 PASEO LEVANTEN 91913 6444002000 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2224 PASEO LEVANTEN 91913 6444002100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2228 PASEO LEVANTEN 91913 6444002200 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2232 PASEO LEVANTEN 91913 6444002300 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2236 PASEO LEVANTEN 91913 6444002400 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2231 PASEO LEVANTEN 91913 6444002500 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2227 PASEO LEVANTEN 91913 6444002600 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2223 PASEO LEVANTEN 91913 6444002700 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2219 PASEO LEVANTEN 91913 6444002800 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2215 PASEO LEVANTEN 91913 6444002900 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2211 PASEO LEVANTEN 91913 6444003000 LMV LM 0 1 0.11 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2207 PASEO LEVANTEN 91913 6444003100 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1578 CALLE MAYFAIR 91913 6444010100 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1582 CALLE MAYFAIR 91913 6444010200 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1586 CALLE MAYFAIR 91913 6444010300 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1590 CALLE MAYFAIR 91913 6444010400 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1594 CALLE MAYFAIR 91913 6444010500 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1575 CORTE BOTANICAS 91913 6444010600 LMV LM 0 1 0.20 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1571 CORTE BOTANICAS 91913 6444010700 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1567 CORTE BOTANICAS 91913 6444010800 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1563 CORTE BOTANICAS 91913 6444010900 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1559 CORTE BOTANICAS 91913 6444011000 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1555 CORTE BOTANICAS 91913 6444011100 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1551 CORTE BOTANICAS 91913 6444011200 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1547 CORTE BOTANICAS 91913 6444011300 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1543 CORTE BOTANICAS 91913 6444011400 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1540 CORTE BOTANICAS 91913 6444011500 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1544 CORTE BOTANICAS 91913 6444011600 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1548 CORTE BOTANICAS 91913 6444011700 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1552 CORTE BOTANICAS 91913 6444011800 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1556 CORTE BOTANICAS 91913 6444011900 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1555 CORTE BOTANICAS 91913 6444012000 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1564 CORTE BOTANICAS 91913 6444012100 LMV LM 0 1 0.12 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1568 CORTE BOTANICAS 91913 6444012200 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1572 CORTE BOTANICAS 91913 6444012300 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1576 CORTE BOTANICAS 91913 6444012400 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1580 CORTE BOTANICAS 91913 6444012500 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1584 CORTE BOTANICAS 91913 6444012600 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1600 CALLE MAYFAIR 91913 6444012700 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1604 CALLE MAYFAIR 91913 6444012800 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1608 CALLE MAYFAIR 91913 6444012900 LMV LM 0 1 0.29 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1612 CALLE MAYFAIR 91913 6444013000 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1616 CALLE MAYFAIR 91913 6444013100 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1620 CALLE MAYFAIR 91913 6444013200 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1624 CALLE MAYFAIR 91913 6444013300 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1619 CALLE MAYFAIR 91913 6444020100 LMV LM 0 1 0.30 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1613 CALLE MAYFAIR 91913 6444020200 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1609 CALLE MAYFAIR 91913 6444020300 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1605 CALLE MAYFAIR 91913 6444020400 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1599 CALLE MAYFAIR 91913 6444020500 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1591 CALLE MAYFAIR 91913 6444020600 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1585 CALLE MAYFAIR 91913 6444020700 LMV LM 0 1 0.21 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1581 CALLE MAYFAIR 91913 6444020800 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1577 CALLE MAYFAIR 91913 6444020900 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1573 CALLE MAYFAIR 91913 6444021000 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1569 CALLE MAYFAIR 91913 6444021100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1565 CALLE MAYFAIR 91913 6444021200 LMV LM 0 1 0.24 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2187 PASEO LEVANTEN 91913 6444003200 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2183 PASEO LEVANTEN 91913 6444003300 LMV LM 0 1 0.22 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2179 PASEO LEVANTEN 91913 6444003400 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2175 PASEO LEVANTEN 91913 6444003500 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2171 PASEO LEVANTEN 91913 6444003600 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2167 PASEO LEVANTEN 91913 6444003700 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2163 PASEO LEVANTEN 91913 6444003800 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2159 PASEO LEVANTEN 91913 6444003900 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2153 PASEO LEVANTEN 91913 6444004000 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2149 PASEO LEVANTEN 91913 6444004100 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2145 PASEO LEVANTEN 91913 6444004200 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2141 PASEO LEVANTEN 91913 6444004300 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2137 PASEO LEVANTEN 91913 6444004400 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1652 VIA POCO 91913 6444021300 LMV LM 0 1 0.24 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1626 CORTE MEDIALUNA 91913 6444021400 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1622 CORTE MEDIALUNA 91913 6444021500 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1618 CORTE MEDIALUNA 91913 6444021600 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1616 CORTE MEDIALUNA 91913 6444021700 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1612 CORTE MEDIALUNA 91913 6444021800 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1608 CORTE MEDIALUNA 91913 6444021900 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1604 CORTE MEDIALUNA 91913 6444022000 LMV LM 0 1 0.13 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1600 CORTE MEDIALUNA 91913 6444022100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1596 CORTE MEDIALUNA 91913 6444022200 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1592 CORTE MEDIALUNA 91913 6444022300 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1599 CORTE MEDIALUNA 91913 6444022400 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1603 CORTE MEDIALUNA 91913 6444022500 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1607 CORTE MEDIALUNA 91913 6444022600 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1611 CORTE MEDIALUNA 91913 6444022700 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1615 CORTE MEDIALUNA 91913 6444022800 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1619 CORTE MEDIALUNA 91913 6444022900 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1623 CORTE MEDIALUNA 91913 6444023000 LMV LM 0 1 0.16 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1627 CORTE MEDIALUNA 91913 6444023100 LMV LM 0 1 0.15 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 552 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 1631 CORTE MEDIALUNA 91913 6444023200 LMV LM 0 1 0.14 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1635 CORTE MEDIALUNA 91913 6444023300 LMV LM 0 1 0.17 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1639 CORTE MEDIALUNA 91913 6444023400 LMV LM 0 1 0.18 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1643 CORTE MEDIALUNA 91913 6444023500 LMV LM 0 1 0.27 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1647 CORTE MEDIALUNA 91913 6444023600 LMV LM 0 1 0.25 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1651 VIA POCO 91913 6444023700 LMV LM 0 1 0.19 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1655 VIA POCO 91913 6444023800 LMV LM 0 1 0.23 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA Planning Area V 91913 6440720600 H LMV LM 0 90 18.37 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 90 90 CHULA VISTA Planning Area V 91913 6440722200 H LMV LM 0 0 0.70 SFR Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 1918 MILLENIA AV #303 91915 6430609200 EUC EUC 0 253 8.31 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 138 138 CHULA VISTA 999999 OPTIMA ST 91915 6430652100 EUC EUC 0 117 4.35 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 117 0 117 CHULA VISTA 1935 STRATA ST 91915 6430651901 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1937 STRATA ST 91915 6430651902 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1939 STRATA ST 91915 6430651903 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1941 STRATA ST 91915 6430651904 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1943 STRATA ST 91915 6430651905 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1951 STRATA ST 91915 6430651906 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1953 STRATA ST 91915 6430651907 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1955 STRATA ST 91915 6430651908 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1869 FOCUS DR 91915 6430651909 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1867 FOCUS DR 91915 6430651910 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1865 FOCUS DR 91915 6430651911 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1863 FOCUS DR 91915 6430651912 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1861 FOCUS DR 91915 6430651913 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1859 FOCUS DR 91915 6430651914 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1857 FOCUS DR 91915 6430651915 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1855 FOCUS DR 91915 6430651916 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1855 MONTAGE AV 91915 6430651917 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1857 MONTAGE AV 91915 6430651918 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1859 MONTAGE AV 91915 6430651919 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1861 MONTAGE AV 91915 6430651920 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1863 MONTAGE AV 91915 6430651921 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1861 POSH LN 91915 6430651922 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1859 POSH LN 91915 6430651923 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1857 POSH LN 91915 6430651924 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1855 POSH LN 91915 6430651925 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1952 INFINITY LN 91915 6430651926 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1954 INFINITY LN 91915 6430651927 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1956 INFINITY LN 91915 6430651928 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1856 FOCUS DR 91915 6430651929 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1858 FOCUS DR 91915 6430651930 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1860 FOCUS DR 91915 6430651931 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1845 MONTAGE AV 91915 6430651932 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1847 MONTAGE AV 91915 6430651933 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1849 MONTAGE AV 91915 6430651934 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1945 INFINITY LN 91915 6430651935 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1947 INFINITY LN 91915 6430651936 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1949 INFINITY LN 91915 6430651937 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1951 INFINITY LN 91915 6430651938 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1953 INFINITY LN 91915 6430651939 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1955 INFINITY LN 91915 6430651940 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1957 INFINITY LN 91915 6430651941 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1831 MONTAGE AV 91915 6430651942 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1833 MONTAGE AV 91915 6430651943 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1835 MONTAGE AV 91915 6430651944 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1837 MONTAGE AV 91915 6430651945 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1839 MONTAGE AV 91915 6430651946 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1946 PAVILLION LN 91915 6430651947 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1948 PAVILLION LN 91915 6430651948 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1950 PAVILLION LN 91915 6430651949 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1952 PAVILLION LN 91915 6430651950 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1954 PAVILLION LN 91915 6430651951 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1956 PAVILLION LN 91915 6430651952 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1958 PAVILLION LN 91915 6430651953 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1945 PAVILLION LN 91915 6430651954 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1947 PAVILLION LN 91915 6430651955 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1949 PAVILLION LN 91915 6430651956 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1951 PAVILLION LN 91915 6430651957 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1953 PAVILLION LN 91915 6430651958 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1955 PAVILLION LN 91915 6430651959 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1957 PAVILLION LN 91915 6430651960 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1822 ONYX LN 91915 6430651961 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1824 ONYX LN 91915 6430651962 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1826 ONYX LN 91915 6430651963 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1828 ONYX LN 91915 6430651964 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1819 ONYX LN 91915 6430651965 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1821 ONYX LN 91915 6430651966 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1823 ONYX LN 91915 6430651967 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1825 ONYX LN 91915 6430651968 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1827 ONYX LN 91915 6430651969 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1829 ONYX LN 91915 6430651970 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1831 ONYX LN 91915 6430651971 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1833 ONYX LN 91915 6430651972 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1821 MONTAGE AV 91915 6430651973 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1823 MONTAGE AV 91915 6430651974 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1825 MONTAGE AV 91915 6430651975 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1946 MINIMALIST LN 91915 6430651976 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1948 MINIMALIST LN 91915 6430651977 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1950 MINIMALIST LN 91915 6430651978 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1952 MINIMALIST LN 91915 6430651979 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1954 MINIMALIST LN 91915 6430651980 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1956 MINIMALIST LN 91915 6430651981 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1958 MINIMALIST LN 91915 6430651982 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1939 MINIMALIST LN 91915 6430651983 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1941 MINIMALIST LN 91915 6430651984 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1943 MINIMALIST LN 91915 6430651985 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1943 MINIMALIST LN 91915 6430651986 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1947 MINIMALIST LN 91915 6430651987 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1951 MINIMALIST LN 91915 6430651988 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1953 MINIMALIST LN 91915 6430651989 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1955 MINIMALIST LN 91915 6430651990 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1957 MINIMALIST LN 91915 6430651991 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 1959 MINIMALIST LN 91915 6430651992 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 999999 MILLENIA AV 91915 6430660900 EUC EUC 0 50 10.93 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 50 50 CHULA VISTA 1755 MILLENIA AV 91915 6430605700 EUC EUC 0 100 7.06 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 10 10 CHULA VISTA 2056 BRAVO LP #1 91915 6430651801 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2056 BRAVO LP #2 91915 6430651802 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2056 BRAVO LP #3 91915 6430651803 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2056 BRAVO LP #4 91915 6430651804 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2056 BRAVO LP #5 91915 6430651805 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2056 BRAVO LP #6 91915 6430651806 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2048 BRAVO LP #1 91915 6430651807 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2048 BRAVO LP #2 91915 6430651808 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2048 BRAVO LP #3 91915 6430651809 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 2022/09/13 City Council Post Agenda Page 553 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 2048 BRAVO LP #4 91915 6430651810 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2048 BRAVO LP #5 91915 6430651811 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2048 BRAVO LP #6 91915 6430651812 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #1 91915 6430651813 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #2 91915 6430651814 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #3 91915 6430651815 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #4 91915 6430651816 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #5 91915 6430651817 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2040 BRAVO LP #6 91915 6430651818 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #1 91915 6430651819 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #2 91915 6430651820 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #3 91915 6430651821 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #4 91915 6430651822 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #5 91915 6430651823 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2055 BRAVO LP #6 91915 6430651824 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #1 91915 6430651825 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #2 91915 6430651826 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #3 91915 6430651827 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #4 91915 6430651828 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #5 91915 6430651829 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2049 BRAVO LP #6 91915 6430651830 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #1 91915 6430651831 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #2 91915 6430651832 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #3 91915 6430651833 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #4 91915 6430651834 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #5 91915 6430651835 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2035 BRAVO LP #6 91915 6430651836 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #1 91915 6430651837 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #2 91915 6430651838 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #3 91915 6430651839 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #4 91915 6430651840 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #5 91915 6430651841 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2032 BRAVO LP #6 91915 6430651842 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #1 91915 6430651843 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #2 91915 6430651844 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #3 91915 6430651845 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #4 91915 6430651846 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #5 91915 6430651847 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 2024 BRAVO LP #6 91915 6430651848 EUC EUC 0 1 0.00 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 1 0 1 CHULA VISTA 999999 MILLENIA AV 91915 6430606900 EUC EUC 0 50 8.34 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 50 50 CHULA VISTA 999999 ORION AV 91915 6430606100 EUC EUC 0 159 3.07 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 92 0 0 92 CHULA VISTA 999999 ORION AV 91915 6430607100 EUC EUC 0 240 5.91 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 177 0 0 177 CHULA VISTA 999999 MONTAGE AV 91915 6430605800 EUC EUC 0 240 6.17 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 185 0 0 185 CHULA VISTA 1974 STRATA ST 91915 6430650601 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1980 STRATA ST 91915 6430650602 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1984 STRATA ST 91915 6430650603 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1988 STRATA ST 91915 6430650604 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1992 STRATA ST 91915 6430650605 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1996 STRATA ST 91915 6430650606 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1805 LYNX TERRACE 91915 6430650607 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1809 LYNX TERRACE 91915 6430650608 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1813 LYNX TERRACE 91915 6430650609 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1817 LYNX TERRACE 91915 6430650610 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1821 LYNX TERRACE 91915 6430650611 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1825 LYNX TERRACE 91915 6430650612 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1833 LYNX TERRACE 91915 6430650613 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1837 LYNX TERRACE 91915 6430650614 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1841 LYNX TERRACE 91915 6430650615 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1845 LYNX TERRACE 91915 6430650616 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1849 LYNX TERRACE 91915 6430650617 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1853 LYNX TERRACE 91915 6430650618 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2066 CALLISTO TERRACE 91915 6430650619 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2062 CALLISTO TERRACE 91915 6430650620 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2056 CALLISTO TERRACE 91915 6430650621 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2052 CALLISTO TERRACE 91915 6430650622 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2048 CALLISTO TERRACE 91915 6430650623 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2044 CALLISTO TERRACE 91915 6430650624 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2038 CALLISTO TERRACE 91915 6430650625 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2034 CALLISTO TERRACE 91915 6430650626 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2030 CALLISTO TERRACE 91915 6430650627 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2026 CALLISTO TERRACE 91915 6430650628 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2022 CALLISTO TERRACE 91915 6430650629 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2016 CALLISTO TERRACE 91915 6430650630 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2012 CALLISTO TERRACE 91915 6430650631 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1852 FAUNA WAY 91915 6430650632 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1848 FAUNA WAY 91915 6430650633 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1844 FAUNA WAY 91915 6430650634 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1840 FAUNA WAY 91915 6430650635 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1836 FAUNA WAY 91915 6430650636 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1833 FAUNA WAY 91915 6430650637 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1837 FAUNA WAY 91915 6430650638 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1841 FAUNA WAY 91915 6430650639 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1845 FAUNA WAY 91915 6430650640 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1849 FAUNA WAY 91915 6430650641 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1853 FAUNA WAY 91915 6430650642 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1854 VESTA DR 91915 6430650643 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1850 VESTA DR 91915 6430650644 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1846 VESTA DR 91915 6430650645 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1842 VESTA DR 91915 6430650646 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1838 VESTA DR 91915 6430650647 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1834 VESTA DR 91915 6430650648 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1835 VESTA DR 91915 6430650649 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1839 VESTA DR 91915 6430650650 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1843 VESTA DR 91915 6430650651 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1847 VESTA DR 91915 6430650652 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1851 VESTA DR 91915 6430650653 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1855 VESTA DR 91915 6430650654 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1852 LYNX TERRACE 91915 6430650655 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1848 LYNX TERRACE 91915 6430650656 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1844 LYNX TERRACE 91915 6430650657 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1840 LYNX TERRACE 91915 6430650658 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1836 LYNX TERRACE 91915 6430650659 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1832 LYNX TERRACE 91915 6430650660 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1820 LYNX TERRACE 91915 6430650661 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1816 LYNX TERRACE 91915 6430650662 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1812 LYNX TERRACE 91915 6430650663 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1808 LYNX TERRACE 91915 6430650664 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1804 LYNX TERRACE 91915 6430650665 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1807 VESTA DR 91915 6430650666 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1811 VESTA DR 91915 6430650667 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1815 VESTA DR 91915 6430650668 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1819 VESTA DR 91915 6430650669 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1823 VESTA DR 91915 6430650670 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2037 AQUARIUS ST 91915 6430650671 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 2022/09/13 City Council Post Agenda Page 554 of 809 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number Consolidated Sites General Plan Designation (Current) Zoning Designation (Current) Minimum Density Allowed (units/acre) Max Density Allowed (units/acre)Parcel Size (Acres)Existing Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s)Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity Total Capacity Land Value Double No. of Units Projects w/ Similar Characteristic s Potential Res. Ratio CHULA VISTA 2033 AQUARIUS ST 91915 6430650672 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2029 AQUARIUS ST 91915 6430650673 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2025 AQUARIUS ST 91915 6430650674 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2021 AQUARIUS ST 91915 6430650675 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2017 AQUARIUS ST 91915 6430650676 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2013 AQUARIUS ST 91915 6430650677 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2009 AQUARIUS ST 91915 6430650678 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 2005 AQUARIUS ST 91915 6430650679 EUC EUC 0 1 0.00 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 999999 STRATA ST 91915 6430630900 EUC EUC 0 176 9.90 MF Partially DevelopedYES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 1 1 CHULA VISTA 1445 TOWN CENTER DR 91915 6430210300 I RM R/MU 0 608 4.83 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 313 0 0 313 CHULA VISTA 999999 TOWN CENTER DR 91915 6430210500 I RM R/MU 0 0 2.57 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 CHULA VISTA 999999 TOWN CENTER DR 91915 6430210400 I RM R/MU 0 0 3.02 MF Vacant YES - Current NO - Privately-Owned Pending Project Not Used in Prior Housing Element 0 0 0 0 2022/09/13 City Council Post Agenda Page 555 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE Affordable Housing Policy: Consider Amendments to the Guidelines to the Balanced Communities Policy to Remove Exemptions and Variances from the Policy Report Number: 22-0210 Location: No specific geographic location Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving amendments to the Balanced Communities Policy Guidelines to remove the Exemption and Variance sections from the Inclusionary Housing requirements. SUMMARY In 1981, the City of Chula Vista adopted a Balanced Communities Policy, commonly referred to as Inclusionary Housing. The Guidelines to the Balanced Communities Policy (the “Guidelines”) were adopted in September of 2012 and amended in December of 2015 to implement the Policy with consistency and provide mechanisms to adapt to changing market conditions. Staff is requesting a revision to the Guidelines to remove the exemption and variance sections in the policy that waive the inclusionary requirement within census tracts designated as “Areas of Low/Moderate Income Concentration” and “Primarily Underdeveloped Areas,” which cover areas of western Chula Vista. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines no environmental review is required. 2022/09/13 City Council Post Agenda Page 556 of 809 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION On July 27, 2022, the Healthy Chula Vista Advisory Commission provided an advisory recommendation that the City Council adopt the amendments. The proposed amendments were also shared with members of the Development Oversight Committee. DISCUSSION Adopted in 1981, and currently Policy 3.4 in the 2021-2029 Housing Element of the General Plan, the Balanced Communities Policy (the “Policy”) was established to increase the diversity of housing prices/rent throughout the City of Chula Vista community and ensure the range of prices/rents continues over time. The current Policy requires that all new residential projects consisting of 50 or more dwelling units shall include 10 percent of the residential units within the development as affordable to low- and moderate-income households (5 percent low-income and 5 percent moderate-income). The Guidelines were adopted on September 25, 2012 to implement the Policy with consistency, provide greater clarity on compliance and provide mechanisms to adapt to changing market conditions. The Guidelines included language for an exemption to the inclusionary requirement within census tracts designated as “Areas of Low/Moderate Income Concentration,” and a allow a variance request from the affordable housing requirements to be approved within “Primarily Undeveloped Areas” as shown in Exhibit 1 and further summarized below. 2022/09/13 City Council Post Agenda Page 557 of 809 P a g e | 3 Exhibit 1  Exemption - Established to promote the Policy goal of creating a balanced community and not overburden areas of the community with low-income housing concentrations, the Guidelines defined areas of the City that already provided a large share of low-income housing options. With this exemption in place, all residential development projects within the red outline, reflected in Exhibit 1, are currently exempt from having any inclusionary requirement.  Variance - Created the option of applying a variance request from the affordable housing requirements in “Primarily Undeveloped Areas” which are represented by the green area on Exhibit 1. The variance request from the affordable housing requirements may be approved based on specific findings substantiated by City Council. The 2015 amendment was adopted to address the changing market conditions at that time. With the elimination of the State of California Community Redevelopment laws and therefore loss of Redevelopment funds for low- and moderate-income housing, the City’s ability to financially partner with housing developers to produce affordable housing has been significantly diminished. While housing affordability reached near historic highs post-recession, housing has become increasingly unaffordable, with demand far outpacing supply and construction lagging behind need. The San Diego region is in the midst of a housing crisis as housing prices and rents have steadily increased during the last decade, outpacing inflation, putting home ownership out of reach for many residents and 2022/09/13 City Council Post Agenda Page 558 of 809 P a g e | 4 affecting the quality of life in the region. In order to further adjust to the changing market conditions, changes in State law to promote housing production and in an effort to better meet housing needs throughout the community, this item requests an Amendment to the Guidelines to remove the variance and exemption sections of the Guidelines to the inclusionary requirement so that the Policy would apply citywide to all residential developments of 50 units or more, as provided in Attachment 1. Future Growth in Chula Vista According to the Chula Vista General Plan, Land Use and Transportation Element (Chapter 5), future growth will be accommodated through infill development and development in master planned communities. Infill development is directed to the Northwest, Bayfront, and Southwest Planning Areas, west of Interstate 805 . Future infill development will utilize existing infrastructure to increase residential densities, taking advantage of existing and future transit and revitalizing existing commercial areas. Master planned communities are planned for in the east planning area, east of Interstate 805. These areas are further identified for increased development at different densities to allow various degrees of growth. These include focused areas of change, transitional areas, and stable residential neighborhoods. Focused area of change are areas targeted for more intensive development, revitalization and/or redevelopment and are located in portions of the Northwest, Bayfront, Southwest and East planning areas. These areas within Chula Vista can best accommodate growth and redevelopment through opportunities for mixed use development and higher housing densities. Transitional areas are where significant General Plan changes are not proposed, but where infill redevelopment, and/or revitalization activities may still occur. Stable residential neighborhoods are designated, zoned, and completely developed with single-family dwellings, with some multi-family neighborhoods mixed in. The use and intensity within stable residential neighborhoods will not change much, however, revitalization and growth are still expected through the addition of Accessory Dwelling Units (ADUs), home additions, reconstruction, and rehabilitation activities. Focused areas of change and transitional areas will accommodate most growth, and redevelopment at higher densities, and these target areas are located primarily in the western portion of the City. Ensuring the Inclusionary Housing Policy is applicable citywide will ensure the overall housing supply continues to grow at various affordability levels throughout the City. Current Trends In the City of Chula Vista there are a total of approximately 78,940 occupied housing units. Owner-occupied dwellings are estimated to account for 46,060 units (58.3%). As depicted in Exhibit 2, owner-occupied units (primarily single-family product) dominate the landscape of master planned communities located east of I- 805. 2022/09/13 City Council Post Agenda Page 559 of 809 P a g e | 5 Exhibit 2 In contrast, as depicted in Exhibit 3, areas west of I-805 are predominately renter-occupied. Renter-occupied dwellings are estimated to account for 32,880 units (41.7%). Approximately 11,735 (15%) of the households in this area of the City are in the extremely low-income group. As more residential development takes place within the City of Chula Vista, the current exemption to the inclusionary housing provisions in the western portion of the City is a missed opportunity for the City to require affordable units. Exhibit 3 2022/09/13 City Council Post Agenda Page 560 of 809 P a g e | 6 Housing Element Timeline Throughout the next 36 months, the City is tasked to review and revise the existing Policy for its feasibility in making progress towards the low-and moderate-income Regional Housing Needs Assessment (RHNA) allocations for the City. Possible routes to achieve this will include the following:  Supportable increase in the affordable requirements;  Lowering the threshold of applicability;  Adopting an Inclusionary Housing Ordinance; and/or  Revising the in-lieu housing fee. These are some of the tasks the City will focus on throughout the next few years and will require a larger outreach process and will be based upon findings and recommendations of the feasibility analysis. This item would remove the areas of exemption and variance that are currently within the Guidelines in response to changing market conditions. The proposed amendments to the Policy will continue to provide a variety of housing options throughout the community by ensuring the Policy applies citywide to all residential developments above 50 units. If approved, the amended Policy would apply to development applications filed beginning October 1, 2022. 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 of the 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 is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. Costs associated with the implementation of this program are incorporated into the current Development Services Department budget and may be reimbursed with funding received from the 2020 Local Early Action Planning (LEAP) Grant Program. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. ATTACHMENTS 1. Proposed Amendments to the Guidelines to the Balanced Communities Policy 2. Resolution – Amendments to the Guidelines to the Balanced Communities Policy Staff Contact: Genevieve Hernandez, Senior Planner, Development Services Stacey Kurz, Housing Manager, Development Services Laura C. Black, AICP, Interim Director of Development Services 2022/09/13 City Council Post Agenda Page 561 of 809 CITY OF CHULA VISTA GUIDELINES TO THE BALANCED COMMUNITIES POLICY City of Chula Vista Development Services Department 276 Fourth Avenue Chula Vista, CA 91910 Phone 619.691.5047 / Fax 619.585-5698 Revised: September 13, 2022 Revised: December 15, 2015 Adopted: September 25, 2012 2022/09/13 City Council Post Agenda Page 562 of 809 This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 563 of 809 Guidelines to the Balanced Communities Policy Contents Introduction ................................................................................................................................. 1 Adoption ................................................................................................................................... 1 Intent of Guidelines ............................................................................................................... 1 Guidelines & Policy ................................................................................................................ 1 Review & Updates .................................................................................................................. 1 Inclusionary Requirements ..................................................................................................... 2 Applicability ............................................................................................................................. 2 Exemptions .......................................................................................................................... 22 Variance ............................................................................................................................... 22 Calculating the Obligation ................................................................................................... 3 Incentive Credit ..................................................................................................................... 3 Calculating Incentive Credit ................................................................................................ 3 Meeting the Requirement ......................................................................................................... 4 Standards .................................................................................................................................. 4 Location ................................................................................................................................. 5 Design .................................................................................................................................... 5 Bedroom Mix ......................................................................................................................... 5 Public Benefit .......................................................................................................................... 5 Determining Methods of Compliance ............................................................................... 5 Compliance Alternatives ................................................................................................... 5 On-Site ................................................................................................................................... 5 Off-Site ................................................................................................................................... 6 In-Lieu Housing Fee ............................................................................................................. 8 Process ......................................................................................................................................... 8 Preliminary Application ........................................................................................................ 8 Inclusionary Housing Plan .................................................................................................... 9 Content .................................................................................................................................. 9 Enforcement ........................................................................................................................ 10 Balanced Communities Affordable Housing Agreement ........................................... 10 Content ................................................................................................................................ 10 Enforcement ........................................................................................................................ 11 Recordation ......................................................................................................................... 11 Determining Affordability....................................................................................................... 11 Income Levels ........................................................................................................................ 11 Income Adjusted for Household Size .............................................................................. 12 Affordability = 30% of Income ......................................................................................... 12 2022/09/13 City Council Post Agenda Page 564 of 809 Guidelines to the Balanced Communities Policy Calculating Affordable Rents ............................................................................................ 13 Calculating Affordable Homeownership Costs ............................................................. 14 Ongoing Compliance .............................................................................................................. 14 Affirmative Marketing ........................................................................................................ 14 Waiting List ............................................................................................................................ 15 Reporting ................................................................................................................................ 15 Appendix Exhibit 1 – Area of Low/Moderate Income Concentration ...................................... A-1 Exhibit 12 – City of Chula Vista Income Guidelines ................................................... A-2 Exhibit 23 – San Diego County Housing Authority Utility Allowance Schedule . A-3 Exhibit 34 – Example Affordable Rental Rates ............................................................ A-4 Exhibit 45 – Example Affordable Sales Prices.............................................................. A-5 2022/09/13 City Council Post Agenda Page 565 of 809 Guidelines to the Balanced Communities Policy This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 566 of 809 Guidelines to the Balanced Communities Policy 1 | P a g e Introduction Adoption The City of Chula Vista adopted a Balanced Communities Policy (“Policy”), commonly referred to as Inclusionary Housing, in 1981 as part of its Housing Element of the General Plan. The City Council’s purpose of the Policy is to increase the diversity of housing prices/rents throughout the community and ensure that the range of prices/rents continues over time. Intent of Guidelines The guidelines in this document are intended to supplement and support the Inclusionary Housing Policy of Chula Vista. They will assist the layperson in interpreting the Policy and developers early in the development process so that Residential Development projects are designed from the beginning in compliance with the requirements of the Policy. Guidelines & Policy These Guidelines should be read in conjunction with the Policy. While every effort has been made to ensure that these Guidelines are consistent with the Policy, if there is any conflict or discrepancy between these guidelines and the Policy, the Policy shall prevail. In addition, the provisions of a Balanced Communities Affordable Housing Agreement (or like Agreement) recorded against a property or inclusionary units shall prevail over any general requirements of the Policy. Users of these Guidelines are encouraged to seek their own legal counsel to aid in understanding the requirements of the City’s Inclusionary Program. For any general questions regarding the Guidelines, you may call (619) 691- 5047. Review & Updates The City will review and, to the extent necessary, update these Guidelines in conjunction with the City’s review of its General Plan Housing Element and its Balanced Communities Policy, or as deemed necessary. The Development Services Director may make interim revisions, interpretations or clarifications to these Guidelines provided that he or she considers the revision, interpretation, or clarification to be minor and consistent with the purposes of the original Policy and the Guidelines. 2022/09/13 City Council Post Agenda Page 567 of 809 Guidelines to the Balanced Communities Policy 2 | P a g e Inclusionary Requirements Applicability The Policy applies City wide to all residential development of 50 units or more, except as provided below. The requirements of these Guidelines and Policy shall not be cumulative to state or other local affordable housing requirements where those units ar e subject to an affordability restriction recorded against the property by the state or local agency. To the extent that state or local regulations are inconsistent with the requirements herein for the amount of the fee, length of the restriction or the l evel of affordability, the more restrictive shall apply. Exemptions In order to reach the Policy goal of creating a balanced community and not overburdening areas of our community with low income housing concentrations, these Guidelines define areas of the City that currently provide a large share of low income housing options. A waiver of the inclusionary requirement will be granted within the designated census tracts defined as the “Area of Low/Moderate Income Concentration”, as illustrated in Exhibit 1 and defined as meeting the following criteria: • Median income falls below the City wide Median Income, as estimated by the San Diego Association of Governments; and/or • Within the Low to Moderate Income Boundary, as provided by the U.S. Department of Housing and Urban Development. Exhibit 1 may be updated and approved periodically by the Development Services Director to reflect current market conditions. Variance A Variance request from the affordable housing requirements may be appro ved in “Primarily Undeveloped Area” as identified in Exhibit 1, if specific findings can be substantiated by City Council and shall include financial and other information that the Development Services Director determines is necessary to perform an independent evaluation of the applicant’s basis for the variance. Such findings shall include at least one of the following: (1) That special circumstances exist that are unique to that development, that justify granting the variance (for example, the development provides other unique public benefits to the community); or (2) That the application of the standard affordable housing requirements to the development without the variance would cause the development to be 2022/09/13 City Council Post Agenda Page 568 of 809 Guidelines to the Balanced Communities Policy 3 | P a g e infeasible, or impose a specific and substantial financial hardship that creates a material adverse impact on the quality or timing of the development. The City Manager’s recommendation to the City Council as to whether or not to grant a variance shall consider such factors as project size, site constraints, market competition, price and product type disparity, developer capability financial subsidies available , and whether alternative means of compliance are available which would be more effective in attaining the purposes of this Policy than the relief requested. Calculating the Obligation The Policy indicates that all shall provide 10% of the total number of dwelling units as affordable to low and moderate income households, as follows: • 5% minimum for low income households • 5% for moderate income households In making this calculation, any decimal fraction is neither rounded up or down. The Developer may either provide for one additional Affordable Unit or pay a partial in -lieu fee equal to the remaining fraction. Incentive Credit The City has a greater need for housing for very low and low income households. To encourage Developer’s to provide for these households, the City can in effect reduce the required affordable housing obligation when the Developer opts to provide very low or low income rather than for moderate income households. Calculating Incentive Credit The Incentive credit shall be calculated as follows: 1. 2.0 unit credit for every very low income unit in lieu of a moderate income unit. 2. 1.5 unit credit for every low income unit in lieu of a moderate income unit. EXAMPLE: Calculating Obligation 1. The developer proposes a 125-unit residential project. 2. Inclusionary Housing Obligation 125 units x 0.10 = 12.5 Inclusionary Units 6.25 units as a moderate income and 6.25 units as a low income 2022/09/13 City Council Post Agenda Page 569 of 809 Guidelines to the Balanced Communities Policy 4 | P a g e 3. .5 unit credit for every very low income unit in lieu of a low income unit. Meeting the Requirement Affordable Housing often provides opportunities to a segment of the population or provide a public benefit that the market might not otherwise provide on its own. The Policy seeks to provide these opportunities while still allowing Developers to provide market driven housing options. This balance requires flexibility and standards to be set in order to meet the goals of the Policy and to ensure a variety of housing options are provided. The standards and methods of compliance to meet these goals are defi ned below. Standards A variety of factors are considered in planning Affordable Housing and meeting the Inclusionary Requirements defined under the Policy, such as the location of the housing, the type of housing, design and amenities. These factors are further defined below and set standards to meet the goals while ensuring that the obligation does not negatively affect the community. EXAMPLE: Calculating Incentives The developer proposes a 300-unit residential project. Inclusionary Housing Obligation = 30 Inclusionary Units (15 moderate income & 15 low income units) Inclusionary Housing Proposed with Incentive Credit Proposes to build 20 low income units (5 more than required) (5 additional low income units x 1.5 credits = 7.5 incentive credits) Remaining moderate balance = 7.5 (15 required – 7.5 credits) OR Proposes to build all low income units in lieu of moderate 15 moderate income units required/1.5 low income units = 10 low income units, therefore developer could fulfill obligation by building 25 low income units 2022/09/13 City Council Post Agenda Page 570 of 809 Guidelines to the Balanced Communities Policy 5 | P a g e Location Inclusionary units shall be encouraged on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and that are compatible with adjacent land uses. Design The design of the Inclusionary Units shall be reasonably consistent or visually compatible with the design of the total project development in terms of appearance, external building materials and finished quality. Upon application as provided herein, the City may, to the maximum extent appropriate in light of project design elements as determined by the Development Services Director, allow builders to finish out the interior of Inclusionary Units with less expensive finishes and appliances, without reducing the amenities offered. Bedroom Mix Inclusionary developments shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of City and/or proportionate to the bedroom size of the market-rate units as determined appropriate by the Development Services Director. Determining Methods of Compliance Generally, the City encourages the satisfaction of the Inclusionary Housing requirements through the construction of new residential units to increase its supply of affordable housing within the project (“on-site”) for for-sale developments. For rental development, a Developer, who has not received any form of City assistance, may voluntarily fulfill their obligation by any of the methods of compliance. The City recognizes that there may be a need to provide greater flexibility to developers seeking to satisfy their requirement due to unique conditions of the project and/or the varied housing needs of the community. The City may request information from a Developer in determining the feasibility of one or more of the compliance alternatives, including but not limited to the factors below. Compliance Alternatives A Developer may satisfy the Policy requirement by any combination of the following alternatives after consideration of the methods of compliance. These alternatives shall be reviewed in priority order for compliance with the obligation using the determining factors above. On-Site 2022/09/13 City Council Post Agenda Page 571 of 809 Guidelines to the Balanced Communities Policy 6 | P a g e On-site inclusion of the Inclusionary Requirement is the preferred alternative to meet the inclusionary requirements. Factors to consider in meeting the on -site obligation include the location of the project, type and tenure of the entire project, and financing of the project. Off-Site Developers may choose to satisfy their requirements through a project at a different site, known as the “off-site” option but not in the “Area of Low/Moderate Income Concentration”. This option may be accomplished solely or in conjunction with another developer, also referred to as a “combined project”. Such options may include, but are not limited to: • Constructing new affordable units at a different site; • Acquiring and rehabilitating existing market rate units to affordable units; • Transfer of affordable housing credits from the City or another developer; and • Provision of housing projects or programs to meet the special needs of certain population groups within the community, including but not limited to persons with disabilities, homeless, elderly, Veterans, students, and national level student/amateur athletes. Such alternative housing types may include shelters, transitional housing, second dwelling units, micro-units, single room occupancy hotels, dormitories, or other specialty housing types approved by the City Manager consistent with objectives of this Policy). The City acknowledges that there may be rare instances where an over-riding public benefit of a particular project may require consideration of meeting an off-site obligation within the “Area of Low/Moderate Income Concentration”. In such cases, the City Council may provide a finding that an off-site obligation may be met within this otherwise excluded area, if it provides a unique public benefit that might not otherwise occur. As part of the Inclusionary Housing Plan, the Developer shall: • Identify the proposed off-site location and the number of proposed units to be credited to its Inclusionary requirement, demonstrating that the off-site option meets the goals of the Inclusionary policy (i.e. provides a balance of housing options and/or provides a unique benefit); • Provide evidence of site control of the off-site location; and • Demonstrate that the proposed off-site location will be able to satisfy the requirements of the Policy. 2022/09/13 City Council Post Agenda Page 572 of 809 Guidelines to the Balanced Communities Policy 7 | P a g e Public Benefit The City may approve alternatives to the construction of new inclusionary units where the proposed alternative provides a more effective and feasible means of satisfying the requirements and greater public benefit. This determination shall be based on findings approved by City Council that the proposed alternative: • Advances the specific goals and objectives of the Housing Element; • Achieves a balance of housing opportunities within the community; • Provides a preferred product type in light of the housing needs of the surrounding area and need; • Offers opportunities to populations with “special needs” within the community, including but not limited to persons with disabilities, homeless, elderly, Veterans, students, and national level student/amateur athletes; • Offers locational advantages relative to the needs of lower income households; and/or • Offers greater feasibility and/or cost effectiveness than new construction. Calculation of Credit for Alternative Housing Types When satisfying inclusionary housing requirements, generally, the City encourages the provision of residential “units”. The City recognizes that there may be a need to provide greater flexibility to developers seeking to satisfy their requirement due to unique conditions and/or the varied housing needs of the community. Alternative housing types may be developed and measured in terms of the number of “rooms” or “beds” provided— rather than “units.” Accordingly, a conversion analysis from “rooms” or “beds” to “units” will be required to determine the “unit” credits a developer will receive when an alternative housing type is provided. Given the uniqueness and wide range of alternative housing types, the City, at the discretion of the City Manager or his designee, may consider and balance, on a case-by- case basis, the following factors: • The number of new affordable housing units that could otherwise be built on-site; • The amount of the in lieu fee that could otherwise be paid; • Any additional projected project development costs or savings accruing to a developer to build the alternative housing type, including any attendant property costs/savings; • The extent and nature of the public benefit of the proposed project and any attendant amenities; and 2022/09/13 City Council Post Agenda Page 573 of 809 Guidelines to the Balanced Communities Policy 8 | P a g e • The timing of when the alternative housing project will be built relative to when more conventional housing or in-lie payments would otherwise be required. The City may request additional information from a Developer in determining the credit towards the inclusionary housing requirements through one or more of the compliance alternatives. In-Lieu Housing Fee Developers may choose to satisfy any portion of their requirements through payment of an in-lieu housing fee, including a prorated in-lieu fee for partial units. This fee is approved by the City Council based upon the affordability gap of what low/moderate income households can afford to pay for a home and the median sales price of a home in Chula Vista. The fee is regularly updated as conditions change. Developers must pay the In-Lieu Housing Fee at the time of issuance of a building permit for any part of the project. Process The Balanced Communities Policy is implemented primarily through two documents: the Inclusionary Housing Plan and the Balanced Communities Affordable Housing Agreement. The Inclusionary Housing Plan provides the basis for determining how the provisions of the Policy will be satisfied. The Inclusionary Housing Agreement and any deed restriction or regulatory agreement set forth the ongoing affordability and other restrictions applicable to the Inclusionary Units once they have been completed. Preliminary Application A Developer subject to the Inclusionary Housing provisions of this Chapter and proposing a housing development pursuant to the Policy may submit a preliminary application prior to the submittal of any formal request for approval. Applicants are encouraged to schedule a pre-application conference with designated staff of the Planning, Building and/or Housing Divisions of the Development Services Department to discuss and identify potential application issues, including prospective incentives or concessions that may be requested. 2022/09/13 City Council Post Agenda Page 574 of 809 Guidelines to the Balanced Communities Policy 9 | P a g e A preliminary application shall include the following information: • A brief description of the proposed housing development, including the total number of units, bedroom count, and Inclusionary Units proposed; • The zoning and general plan designations and assessor parcel number(s) of the project site; • A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, parking layout, open space, recreational amenities, building elevations, existing contours and proposed grading; and • A letter identifying what specific incentives or concessions are being requested for the affordable units. Within 90 days of receipt of the preliminary application, the City shall provide to the Applicant a letter which identifies project issues of concern and the procedures for compliance with this Policy. Inclusionary Housing Plan An Inclusionary Housing Plan is submitted along with the Applicant’s first application for a Discretionary Approval for a Residential Development. No Discretionary Approval shall be granted without submission of the Inclusionary Housing Plan. Content The Inclusionary Housing Plan shall contain the following information: • A brief description of the Residential Development including the number of Market Rate Units and Inclusionary Units proposed, and the basis for the calculation of the number of Inclusionary Units. • The unit-mix, location, structure type, and size of the Market Rate and Inclusionary Units, and whether the Residential Development is an ownership or rental project. • A floor plan depicting the location of the Inclusionary Units shall be provided. • The income level of the Inclusionary Units; In the event the Developer proposes a phased project, a phasing plan that provides for the timely development of the Inclusionary Units as the Residential Development is built out. The phasing plan shall provide for development of the Inclusionary Units concurrently with the Market Rate Units. • If the Developer intends to satisfy the Inclusionary Unit requirement by payment of an in-lieu fee, a statement to that effect, and a calculation of the total in-lieu fee payment required. • If a conveyance of land or an off-site Inclusionary Units alternative is proposed, information necessary to establish compliance with these Guidelines. 2022/09/13 City Council Post Agenda Page 575 of 809 Guidelines to the Balanced Communities Policy 10 | P a g e Enforcement Approval of the Inclusionary Housing Plan and implementation of a Balanced Communities Affordable Housing Agreement shall be a condition of approval of any Discretionary Approval or building permit for the Residential Development. Balanced Communities Affordable Housing Agreement Except for those cases where the requirements are satisfied by payment of an in-lieu fee, or the conveyance of land to the City Developers whose projects are subject to the Policy shall enter into a Balanced Communities Affordable Housing Agreement with the City. The City’s standard form(s) of the Agreement may be obtained from the Housing Division of the Development Services Department. Content The form of the Balanced Communities Affordable Housing Agreement may vary, depending on the manner in which the provisions are satisfied for a particular Residential Development. All Inclusionary Housing Agreements shall include, at a minimum, the following information: • The number of total units within the residential development and the Inclusionary Units proposed, with specific calculations detailing the application of any credit adjustment; • The proposed location of the Inclusionary Units; and • Schedule for production of dwelling units. If no map is being processed, the Agreement required is a project specific agreement to include the following: • Indicate whether the Residential Development is an ownership or rental project; • The number and size of Very Low, Low or Moderate Income Units, location of units, square-footage of units; • Amenities and services provided, such as daycare, after school programs, transportation, job training/employment services and recreation; • The incentives (if any), including the nature and amount of local public funding; • Provisions for resale or rental restrictions, monitoring affordability of the units; and • The determination of Income-Eligible households. Where applicable, requirements for other documents to be approved by City, such as marketing, leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans. 2022/09/13 City Council Post Agenda Page 576 of 809 Guidelines to the Balanced Communities Policy 11 | P a g e Enforcement No building permit shall be issued for all or any portion of the Residential Development unless the Balanced Communities Affordable Housing Agreement has been recorded. For those residential projects processing a map, the Balanced C ommunities Affordable Housing Agreement is executed prior to final map approval and shall be recorded upon final map recordation. Where a map is not being processed, the Agreement is executed prior to the issuance of building permits for any units within the project. Recordation The Agreement is recorded as a covenant against the real property of the Residential Development and will run with the land. This Agreement should generally be recorded in the first position and not subordinated to other liens and encumbrances. In the case where satisfaction of the inclusionary housing requirements are being met through the development of off-site Inclusionary Units, the Agreement will be simultaneously recorded on both the title to the property where the off -site Inclusionary Units are to be developed and the Residential Development. Upon the completion of the Inclusionary Units and their occupancy by Income-Eligible households, the Agreement shall be released from record title of the market rate Residential Development site. Determining Affordability To remain consistent with Federal and State programs related to affordable housing, the City of Chula Vista uses the definitions and data provided by the U.S. Department of Housing and Urban Development and the State of California to define income levels and affordability of housing. Income Levels The U.S. Department of Housing and Urban Development (HUD) provides income charts that identify the annual and monthly maximum incomes for lower income households for the San Diego County area and updates this information each year. The City of Chula Vista uses the Area Median Income (AMI) for San Diego County, since HUD does not provide median income data for specific cities. These income charts are shown in Exhibit 12, and are available at the office of the Chula Vista Development Services Department - Housing Division and on its website at www.chulavistaca.gov/housing. 2022/09/13 City Council Post Agenda Page 577 of 809 Guidelines to the Balanced Communities Policy 12 | P a g e The City uses this income data as a basis for calculating the maximum rents and sales prices permitted under the City’s Affordable Housing Programs. The City’s affordability requirements refer to the following income categories, which are based on various percentages of the AMI: Income Category Percentage of Area Median Income Very Low 50% or less Low 50% - 80% Moderate 80% - 120% Income Adjusted for Household Size The Area Median Income as published by HUD corresponds to the area median income for a household of four. The AMI is then adjusted for household size. HUD sets the median incomes for other household sizes by applying a multiplier to the median income of a household of four. The City uses these income limits for setting the eligibility of renters and buyers under its affordable housing programs. Households are considered eligible if their income does not exceed the income for their household size at the upper end of the targeted income level. Affordability = 30% of Income The term “affordable” may have a wide range of meanings to the general public, but in the City’s usage it has as specific meaning. The City, as well as most state and federal housing programs define affordable as housing costs that do not generally exceed 30% of the gross annual household income of any given income group (referenc e California Health and Safety Code Section 50053 (b) for rental housing and 50052.5 (b) for ownership housing). EXAMPLE: Determining Income Level 1. Targeted Income Level = Low Income 2. Smith family’s (household size of 3 persons) annual income = $45,000. 3. Maximum annual income for a Low Income household of 3 persons at 80% AMI = $57,850 4. Smith family is qualified as Low Income. 2022/09/13 City Council Post Agenda Page 578 of 809 Guidelines to the Balanced Communities Policy 13 | P a g e The monthly housing cost limits and purchase price estimations given here are based on the following assumptions (reference California Health and Safety Code Section 6920): ▪ Appropriate household size is defined as the number of bedrooms in a unit plus one, i.e. a one-bedroom unit is based on a 2-person household, a two-bedroom unit is based on a 3-person household, and so on. Calculating Affordable Rents For a rental unit, total housing costs include the monthly rent payment as well as consideration for a utility allowance (reference 25 California Code of Regulations Section 6918). Information on utility allowances can be obtained from the City and is based upon the schedule adopted by the Housing Authority of the County of San Diego and approved by HUD, reference Exhibit 23. The utility schedule varies by number of bedrooms in a unit and by the various utility combinations. Affordable rental rates are based upon a targeted income level. It is impractical to set individual maximums rents on the actual income of each household to reside within the affordable unit. EXAMPLE: Affordable Housing Costs Annual income of five person household is $66,100. Maximum income for a five person low-income household at 80% AMI = $69,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $66,100 ÷ 12 × .30 = $5,508 x .30 = $1,652 maximum monthly housing cost OR Annual income of five person household is $95,000. Maximum annual income of five person moderate-income household at 120% AMI = $98,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $95,000 ÷ 12 × .30 = $7,916 x .30 = $2,374 maximum monthly housing cost 2022/09/13 City Council Post Agenda Page 579 of 809 Guidelines to the Balanced Communities Policy 14 | P a g e Estimated rental rates are provided only as rough guides, as there are several variable factors that go into calculating rental rates. The state and federal government housing programs may make various adjustments for bedroom size and target income percentages. The examples provided in these Guidelines summarizes the most commonly used by the City for affordable rental projects, reference Exhibit 34. Calculating Affordable Homeownership Costs For for-sale units, total housing costs include the mortgage payment (principal and interest), homeowners association dues, taxes, mortgage insurance and any other related assessments (reference 25 California Code of Regulations Section 6920). Estimated purchase prices are provided only as rough guides, as there are several variable factors that go into calculating sales prices, reference Exhibit 4. Ongoing Compliance Developers shall be responsible to have on file and provide at City request documentation showing compliance with state and local laws pertaining to affordable housing practices. These shall include but are not limited to the following items below. Affirmative Marketing Developer shall perform those affirmative marketing responsibilities set forth in 24 C.F.R. 92.351. The affirmative marketing strategy must be designed to attract buyers and renters of all majority and minority groups, regardless of sex, handicap and familial status to assisted rental units and sales dwelling which are bein g marketed. The Developer shall have available at City request an Affirmative Marketing Plan that includes the following components: EXAMPLE: Affordable Rental Housing Costs 1. 3 Bedroom apartment affordable to a low income household Affordable rent calculated at 60% AMI Maximum monthly affordable rent = $1,138– utility allowance OR 1. 3 Bedroom apartment affordable to a moderate income household Affordable rent calculated at 110% AMI Maximum monthly affordable rent = $2,087– utility allowance 2022/09/13 City Council Post Agenda Page 580 of 809 Guidelines to the Balanced Communities Policy 15 | P a g e • Targeting: Identifying the segments of the eligible population which are least likely to apply for housing without special outreach efforts; • Outreach: An outline of an outreach program which includes special measures designed to attract those groups identified as least likely to apply and other efforts designed to attract persons from the total population; • Indicators: Statement of the indicators to be used to measure the success of the marketing program; and • Staff Training: Demonstration of the capacity to provide training and information on fair housing laws and objectives to sales or rental staff. Developer must make a good faith effort to conduct outreach. This requires recorded activities and documented outreach to those individuals identified as least likely to apply, such as print and electronic advertising and Marketing housing to specific community, religious or other organizations frequented by those least likely to apply. Waiting List The developer shall have written procedures for selection of residents and any priority system in place. At the City’s request the procedures and copy of the active waiting list shall be furnished to the City. Reporting The Developer shall retain records and reports onsite and shall make such available to the City on request. This list of records and reports relating to the Project are in addition to any documents required by other funding sources. The records and reports include, but are not limited to the following: • Eligible Tenant information, including yearly income verifications; • Housing payments charged to resident tenants, to the extent applicable; • On-site inspection results; • Affirmative marketing records; • Insurance policies and notices; • Equal Employment Opportunity and Fair Housing records; • Labor costs and records; • An audited income and expense statement and balance sheets for Developer; • An audited income and expense statement and balance sheets for the Project; • A Management Plan for the calendar year in which the report is prepared showing anticipated rental income, other income, expenses, anticipated repairs and replacements to the Project, timing of such repairs and replacements, insurance maintained on behalf of the Project, and such other matters as City shall require, in its sole discretion; 2022/09/13 City Council Post Agenda Page 581 of 809 Guidelines to the Balanced Communities Policy 16 | P a g e • Federal and State income tax returns for the calendar year, ending on the preceding December 31st; • Annual analysis of reserves for repair and replacement; • Annual certification and representation regarding status of all loans, encumbrances and taxes; • Annual statement regarding condition of the Property and disclosing any known defects; • An OMB A-133 financial audit; • A report or reports, certifying compliance with the terms and provisions of the Section 3 requirements, as set forth in this Agreement and certifying compliance with the provisions of federal law as it relates to Section 3, whether or not specifically set forth herein; and, • Such other and further information and records as City and/or HUD shall request in writing from Borrower. 2022/09/13 City Council Post Agenda Page 582 of 809 Guidelines to the Balanced Communities Policy Appendix 2022/09/13 City Council Post Agenda Page 583 of 809 Guidelines to the Balanced Communities Policy This page is intentionally blank. 2022/09/13 City Council Post Agenda Page 584 of 809 Guidelines to the Balanced Communities Policy A - 1 | P a g e Exhibit 1 – Area of Low/Moderate Income Concentration 2022/09/13 City Council Post Agenda Page 585 of 809 Guidelines to the Balanced Communities Policy A - 2 | P a g e Exhibit 12 – City of Chula Vista Income Guidelines 2022/09/13 City Council Post Agenda Page 586 of 809 Guidelines to the Balanced Communities Policy A - 3 | P a g e Exhibit 23 – San Diego County Housing Authority Utility Allowance Schedule 2022/09/13 City Council Post Agenda Page 587 of 809 Guidelines to the Balanced Communities Policy A - 4 | P a g e Exhibit 43 – Example Affordable Rental Rates 2022/09/13 City Council Post Agenda Page 588 of 809 Guidelines to the Balanced Communities Policy A - 5 | P a g e Exhibit 45 – Example Affordable Sales Prices 2022/09/13 City Council Post Agenda Page 589 of 809 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES (INCLUSIONARY HOUSING) POLICY WHEREAS, in 1981 the City adopted the Balanced Communities (“Inclusionary Housing”) Policy of the Housing Element of the General Plan (the “Policy”); and WHEREAS, the Policy has continued to be implemented through the Housing Element, currently Policy 3.4 of the 2021-2029 Housing Element; and WHEREAS, the goal of the Policy is to increase the diversity of housing prices/rents throughout the community and to ensure that the range of prices/rents continues over time by requiring that all residential development of 50 units or more provide ten percent (10%) as affordable to low- and moderate-income households; and WHEREAS, in 2012, the City adopted the guidelines to the Policy (the “Guidelines”) to provide consistency in interpreting the Policy and to assist developers early in the development process so that residential development projects are designed from the beginning in compliance with the requirements of the Policy; and WHEREAS, the Guidelines included areas of exemption and variance to allow additional flexibility in specific census tracts in the City, that at the time contained a larger percenta ge of low-cost housing options or were primarily vacant undeveloped land; and WHEREAS, in 2015, the City adopted an amendment including revisions to the Guidelines in order to expand and clarify its implementation in adapting to changing market conditions and community housing needs; and WHEREAS, due to rising housing prices throughout California, to align with legislation to promote housing production and to meet needs of the community to continue to provide a variety of housing options, the Guidelines are further being amended to now remove the areas of exemption and variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend and approve the “Guidelines to the Balanced Communities (Inclusionary Housing) Policy” in substantial form and authorizes the Development Services Director the ability to update these Guidelines as needed to meet the goals of the Policy. 2022/09/13 City Council Post Agenda Page 590 of 809 Resolution No. _________ Page 2 Presented by Approved as to form by Laura C. Black, AICP Glen R. Googins Interim Director of Development Services City Attorney 2022/09/13 City Council Post Agenda Page 591 of 809 Item 8.1 Amendments to the Guidelines to the Balanced Communities Policy Presented by: Stacey Kurz, Housing Manager Genevieve Hernandez, Senior Planner2022/09/13 City Council Post Agenda Page 592 of 809 Housing Element Policies and Programs Goal 1:Promote Housing that Helps to Create Safe, Livable,and Sustainable Neighborhoods. Goal 2:Facilitate the Construction and Provision of Quality Housing to Meet the City’s Diverse Needs (by type,size, ownership level and income levels). Goal 3:Create Opportunities for Affordable Housing, Particularly in Vulnerable Areas and in Areas of Opportunity. Goal 4:Promote Equitable and Accessible Housing Options and Resources.2022/09/13 City Council Post Agenda Page 593 of 809 Housing Element Workplan 0-12 months •Permit Ready ADUs •Housing Impact Statement •Adequate Sites Inventory 12-24 months •Density Bonus Ordinance •Improve Project Tracking and Reviews •Supportive Housing and Low Barrier Navigation Centers •Emergency Shelter Zoning 36+ months •Objective Design Standards •Balanced Communities •Condominium Conversion Ordinance 2022/09/13 City Council Post Agenda Page 594 of 809 Within 36 Months of Adoption 3.4 Balanced Communities –Affordable Housing •Review the existing policy for its feasibility in making progress towards the low-and moderate-income RHNA allocations for the City, including: •Supportable increase in the affordable requirements; •Lower the threshold or applicability; •Adopt an Inclusionary Housing Ordinance; and •Revise the in-lieu housing fee. •September 13, 2022: Proposal to amend Guidelines and Remove Variance and Exemption so that the inclusionary policy applies to all projects across the entire City. 2022/09/13 City Council Post Agenda Page 595 of 809 History of Balanced Communities Policy •1981: Chula Vista Adopted Balanced Communities Policy, “Inclusionary Housing”. •September 25, 2012: Adopted Guidelines to the Balanced Communities Policy. •December 15, 2015: The Policy was amended to adapt to changing market conditions and anticipated future growth within Chula Vista. 2022/09/13 City Council Post Agenda Page 596 of 809 •The current policy indicates that all residential developments of 50 units or more,shall provide 10%of the total number of dwelling units as affordable to low-and moderate-income households. •5%minimum for low-income households •5%for moderate income households •For example:A 200-unit multifamily development,would be required to provide 10 low-income units,and 10 moderate-income units. Current Policy 2022/09/13 City Council Post Agenda Page 597 of 809 •Exemption -To promote the Policy goal of creating a balanced community and not overburden areas of the community with low- income housing concentrations. •Guidelines defined areas of the City that already provided a large share of low-income housing options. Areas of Exemption are currently exempt from having any inclusionary requirement. •Variance –Exception from the affordable housing requirements in “Primarily Undeveloped Areas”. The variance request may be approved based on specific findings. Variance & Exemption Defined 2022/09/13 City Council Post Agenda Page 598 of 809 Areas of Variance & Exemption 2022/09/13 City Council Post Agenda Page 599 of 809 Chula Vista Market Changes 2022/09/13 City Council Post Agenda Page 600 of 809 Rent and Housing Cost WEST of 805 EAST of 805 2022/09/13 City Council Post Agenda Page 601 of 809 Chula Vista Market Changes Rent & Housing Cost 2022/09/13 City Council Post Agenda Page 602 of 809 Future Growth 2022/09/13 City Council Post Agenda Page 603 of 809 Recommendation Adopt amendments to the guidelines to remove the exemptions and variance provisions in the Balanced Communities Policy, to require that the policy and associated guidelines apply Citywide. 2022/09/13 City Council Post Agenda Page 604 of 809 v . 0 03 P a g e | 1 September 13, 2022 ITEM TITLE Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista Report Number: 22-0189 Location: No specific geographic location. Department: Development Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading amending Chula Vista Municipal Code chapter 5.56, Tobacco Retailer, to prohibit the sale of flavored tobacco products within the City of Chula Vista. (First Reading) SUMMARY In January 2016, the City of Chula Vista adopted the Healthy Chula Vista Action Plan inclusive of strategies to prevent chronic diseases. In February 2020, an ordinance amending Chula Vista Municipal Code (“CVMC”) Chapter 5.56 (Tobacco Retailer) to incorporate additional regulations on tobacco products that address youth access and emerging public health risks was presented for Council consideration. At that time City Council directed staff to collect additional information about the types of stores and youth access to tobacco products within the City of Chula Vista. The proposed amendments to Chapter 5.56 presented tonight incorporate input from the Healthy Chula Vista Advisory Commission after review of the additional data collected since February 2020; and if adopted, would prohibit the sale by any person of all flavored tobacco products (except for shisha and premium cigars) beginning January 1, 2023 within the City of Chula Vista. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Healthy Chula Vista Advisory Commission provided an advisory recommendation that the City Council adopt the ordinance at their February 3, 2020 and subsequently at their May 12, 2022. At the meeting on May 12, 2022, the commission recommended removing the language in the original draft ordinance specific 2022/09/13 City Council Post Agenda Page 605 of 809 P a g e | 2 to electronic smoking devices “lacking a required food and drug administration marketing order” and mirror the recently adopted provisions within an ordinance recently passed by City of San Diego. DISCUSSION On December 19, 2017, City Council approved amendments to CVMC Chapter 8.22 (Regulation of Smoking in Public Places and Places of Employment) to add e-cigarettes, including devices used for vaping, to the definition of “smoking”; prohibit smoking on any portion of City owned property, inclusive of all parks, libraries, City buildings and associated parking lots; and restrict smoking to designated areas in Affordable Housing Projects to align with U.S. Department of Housing and Urban Development (“HUD”) guidelines. On March 16, 2018, the City Council also adopted CVMC Chapter 5.56 (Tobacco Retailer), establishing a tobacco retailers license program to regulate tobacco businesses and prevent the selling of tobacco and tobacco paraphernalia to individuals under the age of 21. On February 3, 2020, the Healthy Chula Vista Advisory Commission considered further amendments to CVMC Chapter 5.56 to prohibit the sale of flavored tobacco products and e-cigarette devices lacking marketing orders from the U.S. Food and Drug Administration (“FDA”), who regulate tobacco products throughout the country. Utilizing the Police Department database of potential tobacco retailers in Chula Vista, over 150 stores were notified of the meeting. This included vape only and hookah only, smoke shops selling multiple tobacco products, as well as larger grocery stores. At that time, speakers almost evenly split for and against the proposed amendments. Commissioners expressed that their priorities were:  Preventing youth from nicotine addiction;  A belief that flavors are a starter product to lifelong tobacco use;  Limiting local youth access; and  The importance of Chula Vista moving forward with these amendments. The Commission unanimously made an advisory recommendation that City Council adopt the amendments. On February 25, 2020, City Council considered the First Reading Amending CVMC Chapter 5.56 and directed staff to collect additional data to: (1) identify the types of stores selling tobacco products and proximity to sensitive receptors, such as school and parks, to determine if specific types of stores or locations should be prohibited from selling products; (2) verify where Chula Vista youth are accessing products to determine if national trends related to online sales are consistent with local data; and (3) provide information on whether banning products at a particular nicotine level would help prevent youth addiction to nicotine. Attachment 1 to the staff report provides the staff report dated February 25, 2020, which provides a detailed analysis of the public health risks associated with tobacco consumption, data around flavored products and youth access. Additional Data Collected Since February 2020 In response to Council direction in February 2020, staff conducted additional research over the past two years, as detailed below. It should be noted that due to the COVID-19 pandemic and associated school closures, staff encountered delays in data collection surrounding youth, hence the length of time to bring forward a revised proposal. 2022/09/13 City Council Post Agenda Page 606 of 809 P a g e | 3 (1) Retailers and Sensitive Receptors – Exhibit 1 provides greater details on the types of stores that have tobacco retailer and business licenses and identifies that nearly 32% [thirty-nine (39) out of 122] of the stores identifying as selling tobacco were gas stations/convenience stores. Exhibit 1 2022/09/13 City Council Post Agenda Page 607 of 809 P a g e | 4 Exhibit 2 maps all retailers proximity to sensitive receptors. At the time of mapping, approximately 30% [thirty-seven (37) retailers out of 122] were located within 500 feet of a school or park where youth are likely to be located. Although Council requested additional information regarding proximity to sensitive receptors, the current policy proposed does not target restrictions based on proximity and rather proposes to prohibit sales at all locations throughout the City. Exhibit 2 2022/09/13 City Council Post Agenda Page 608 of 809 P a g e | 5 (2) Local Youth Access - During March and April 2021, in collaboration with faculty at the Sweetwater Union High School District, staff conducted a survey of students, grades 9-12, to gather local data on usage and access to vaping devices. 2,404 students responded to the survey at 14 different schools as identified in Exhibit 3. Attachment 2 to the staff report provides a full report of all data collected with this survey of students. Exhibit 3 Sweetwater Union High School District Student Participation 2022/09/13 City Council Post Agenda Page 609 of 809 P a g e | 6 As shown on Exhibit 4, nearly 35% of respondents indicated they have tried an E-cigarette/vape device (471/1,362). Of all tobacco products tried by respondents E-cigarettes/vapes accounted for 54% of the use (471/867). Exhibit 4 -Types of Devices Used As shown on Exhibit 5, 44% (142+158/714) of respondents indicated youth are accessing vaping products at retail stores (convenience stores/gas stations and vape shops). Another 40% (286/714) indicate youth access them from friends and family, some of which likely purchase them at retail stores as well, making retail locations the most likely way a youth would access tobacco products. Exhibit 5 Vaping Product Access 2022/09/13 City Council Post Agenda Page 610 of 809 P a g e | 7 As shown on Exhibit 6, 94% (615+1,366/2,099), the majority of youth respondents, indicated that they are “not sure” if they would or “not likely” to try tobacco products that are not flavored, while only 7% (39+79/2,099) indicated they are “very likely” or would “possibly” use non-flavored products. Exhibit 6 Non-Flavored Tobacco Use (3) Prohibiting Nicotine Content – City Staff conducted research on “high” level nicotine products and concluded that there is not enough data to determine what level of nicotine consumption is “less” addictive. Nicotine delivery and absorption can vary based on concentration, including the delivery system and user-specific characteristics. In addition, there would be difficulty in enforcing nicotine content since evidence shows that in laboratory tests, labeling is not always reflective of nicotine content and vape stores often mix their own products. The labelling of nicotine content varies across e-cigarette products and liquids and may be difficult to interpret if units are not provided. E-cigarette liquid nicotine concentrations may be labelled incorrectly. Additionally, users may mix homemade e-cigarette liquids (i.e., ‘do-it-yourself’ liquids) resulting in unknown nicotine concentrations or inconsistent concentrations between batches.1 Even if the liquids have the same concentration of nicotine and other compounds, e- cigarette device characteristics across the range of e-cigarettes available vary, which can have dramatically different abilities to aerosolize liquid and affect nicotine absorption.2 Therefore, tobacco retail enforcement, conducted by the City’s Police Department, would be unable to determine actual nicotine content of products being sold. 1The nicotine content of a sample of e-cigarette liquid manufactured in the United States. http://www.ncbi.nlm.nih.gov/pubmed/29280749 2 Have combustible cigarettes Met their match? the nicotine delivery profiles and harmful constituent exposures of second-generation and third-generation electronic cigarette users. http://www.ncbi.nlm.nih.gov/pubmed/27729564 2022/09/13 City Council Post Agenda Page 611 of 809 P a g e | 8 State Legislation Since February 2020 In August 2020, the California State Legislature passed Senate Bill 793 (SB 793), which Governor Gavin Newsom signed on August 28, 2020. This bill prohibits a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. Three days later, on August 31, 2020, a proposed referendum was submitted to the Attorney General of California and on January 22, 2021, the referendum qualified for the ballot, putting SB 793 on hold until the November 2022 general election. Due to the uncertainty of the statewide prohibitions, many local jurisdictions have moved forward to adopt local restrictions to protect youth in their community from the dangers of tobacco and nicotine addiction. Proposed Amendments to Chapter 5.56 On May 12, 2022, the Healthy Chula Vista Advisory Commission provided a recommendation to move forward to City Council with the February 2020 proposed ordinance with minor edits to mirror recent prohibitions taken by the City of San Diego and remove language specific to electronic smoking devices “lacking a required Food and Drug Administration marketing order”, and instead reference all electronic smoking devices. An ordinance amending CVMC Chapter 5.56 (Tobacco Retailer) to incorporate additional regulations on tobacco products that address youth access and emerging public health risks related to flavored tobacco products, as recommended by the Commission, is being presented for City Council consideration (the “Ordinance”) in Attachment 3 to the staff report. The amendments to Chapter 5.56 include to prohibit the sale of all flavored tobacco products, inclusive of menthol, in the City of Chula Vista. The Ordinance does specifically define and exempt two forms of tobacco: shisha used in hookah and premium cigars. Conclusion In addition to the ordinance updates that have been made in the past few years to establish a tobacco retailers license and make City facilities smoke/vape free, the Police Department has received two rounds of funding through Tobacco Grant Programs. The first round of funding was granted to assist in providing additional services aimed at the education, compliance and enforcement of tobacco-related issues within the community. To date, the Police Department has spent over 200 staff hours educating the community on the harmful effects of vaping, enforcing tobacco-related violations through undercover operations and conducting compliance checks at retail establishments. The second round of funding will support an additional School Resource Officer with the hopes of bringing much needed education directly into the schools, directly to our youth. Partnerships with the school district, retailers and ongoing education are critical to ensure our community is aware of the potential dangers of tobacco use. The Healthy Chula Vista Advisory Commission has recommended amendments to CVMC Chapter 5.56 to place a prohibition on the sale of all flavored tobacco products within the City of Chula Vista. While these amendments have been proposed by the Commission based on best practices identified to limit youth access and use of tobacco products to address chronic health issues, as detailed in Attachment 1, jurisdictions throughout the country have taken different approaches to address this issue. If approved, the ordinance would take effect January 1, 2023. 2022/09/13 City Council Post Agenda Page 612 of 809 P a g e | 9 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 of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code Section 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 the matter. CURRENT-YEAR FISCAL IMPACT No current year fiscal impact to the General Fund or Development Services Fund is anticipated as a result of this action. There may be additional costs associated with the enforcement of the new provision; however, these costs are anticipated to be fully offset by the revenue from the tobacco retail licensing fee program. ONGOING FISCAL IMPACT No ongoing fiscal impact to the General Fund or Development Services Fund is anticipated as a result of this action. There may be additional costs associated with the enforcement of the new provision; however, these costs are anticipated to be fully offset by the revenue from the tobacco retail licensing fee program. ATTACHMENTS 1. City Council Staff Report dated February 25, 2020 2. 2021 Chula Vista Youth Tobacco Use Survey Results 3. Proposed Amendments to CVMC 5.56 (Tobacco Retailers) 4. Correspondence Staff Contact: Genevieve Hernandez, Senior Planner, Development Services Department Stacey Kurz, Housing Manager, Development Services Department Laura C. Black, AICP, Interim Director of Development Services 2022/09/13 City Council Post Agenda Page 613 of 809 C:\Program Files\eSCRIBE\TEMP\20104739703\20104739703,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health and well-being of their communities and, thus, the City of Chula Vista adopted the Healthy Chula Vista Action Plan on January 5, 2016; and WHEREAS, the City recognizes that policy to limit exposure and access to smoking, especially in our youth, is important to prevent increasing the number of smokers in our community and to reduce the risk of chronic diseases; and WHEREAS, in 2018, the City adopted various restrictions related to smoking prohibitions and tobacco sales through Ordinance 3413 (updating Chula Vista Municipal Code Chapter 8.22 (Regulation of Smoking in Public Places, Affordable Housing Projects and Places of Employment) and Ordinance 3417 (adding Chula Vista Municipal Code Chapter 5.56 (Tobacco Retailer) (“CVMC 5.56”)); and WHEREAS, over 480,000 smoking related deaths are reported in the United States each year; and WHEREAS, 99% of smokers report starting tobacco use before the age of 26; and WHEREAS, electronic cigarettes, known as e-cigarettes, e-vaporizers, or electronic nicotine delivery systems, are battery-operated devices used to inhale aerosols that typically contain tobacco or nicotine; and WHEREAS, in 2019, about one in every ten middle schoolers and more than one in every four high schoolers reported using electronic cigarettes in the past 30 days; and WHEREAS, according to a 2021 University of San Diego study, youth who use electronic cigarettes are three times more likely to become daily cigarette smokers; and WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy- and fruit-flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products; and WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding menthol) are banned by federal law, federal law does not restrict the sale of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; and 2022/09/13 City Council Post Agenda Page 614 of 809 Ordinance Page 2 WHEREAS, in August of 2020, California Senate Bill 793 was signed into law, prohibiting a tobacco retailers in the State of California from selling flavored tobacco products or tobacco product flavor enhancers, and allowing local jurisdiction to impose greater restrictions on the access to tobacco products; and WHEREAS, Proposition 31, a referendum on Senate Bill 793 qualified as a November 8, 2022 statewide California ballot measure that, if successful, would repeal Senate Bill 793 and remove the statewide prohibition on the sale of flavored tobacco products or enhancers; and WHEREAS, Senate Bill 793 is currently suspended pending the outcome of the statewide vote on Proposition 31 on November 8, 2022; and WHEREAS, according to the California Department of Public Health, e-cigarettes are available in over 15,000 flavors, many of which appeal to youth, such as cotton candy, bubble gum, or “unicorn poop,” with some flavored tobacco products sharing the same names, packaging, and flavor chemicals of popular candy brands; and WHEREAS, 86.4 percent of youth tobacco users reported using flavored tobacco products; and WHEREAS, the City Council wishes to strengthen local tobacco regulations and promote public health, safety, and welfare of the community, including to further limit the exposure of youth to starter products such as flavored tobacco products, by amending the Chula Vista Municipal Code to prohibit the sale of flavored tobacco products; and WHEREAS, the Healthy Chula Vista Advisory Commission recommends that City Council adopt amendments to CVMC 5.56 to restrict the sale of flavored tobacco products. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. A. Chapter 5.56, section 5.56.010 of the Chula Vista Municipal Code is amended to read as follows: 5.56.010 Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm’s Length Transaction. 2022/09/13 City Council Post Agenda Page 615 of 809 Ordinance Page 3 B. “Applicant” means the Person applying for a permit pursuant to this chapter. C. “Chief of Police” means the Chief of Police of the City of Chula Vista, or his/her designee. D. “City” means the City of Chula Vista. E. “City Attorney” means the City Attorney for the City of Chula Vista, or his/her designee. F. “Crime of Moral Turpitude” means a crime involving a readiness to do evil, an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in their honesty, deceit, or fraud. G. “Drug Paraphernalia” has the meaning set fort h in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. H. “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic Smoking Device” also includes cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices. I. “Flavored Tobacco Product” means a Tobacco Product that contains or emits a taste or smell, other than the taste or smell of tobacco, including but not limited to, any taste or smell relating to fruit, mint, menthol, wintergreen, chocolate, cocoa, vanilla, honey, candy, dessert, alcoholic beverage, herb, or spice. Flavored Tobacco Products do not include products approved by the Food and Drug Administration (FDA) for sale either as a tobacco cessation product or for other therapeutic purposes, where the product is marketed and sold solely for such an FDA-approved purpose. J. “Owner” means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a 20 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business. K. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. L. “Premium Cigars” means any cigar that is handmade, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars. A Premium Cigar does not have filter, tip, or nontobacco mouth. 2022/09/13 City Council Post Agenda Page 616 of 809 Ordinance Page 4 M. “Police Department” means the Chula Vista Police Department, and any agency or Person designated by the Department to enforce or administer the provisions of this chapter. N. “Self-Service Display” means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. O. “Shisha” means a tobacco product that is mixed with molasses, honey, fruit, or dried fruits and is sold for use in a hookah. P. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of a Tobacco Product. Q. “Tobacco Product” means: 1. “Tobacco Products” means any substance containing derived from tobacco leaf or nicotine, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco. 2. Any Electronic Smoking Device. 3. Notwithstanding any provision of subsections (Q)(1) and (Q)(2) of this section to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. R. “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco Retailer does not include persons licensed by the City to conduct commercial cannabis activity in accordance with Chapter 5.19 CVMC. (Ord. 3417 § 1, 2018). [Section 5.56.020 through 5.56.090 remain unchanged.] B. Chapter 5.56, section 5.56.095 of the Chula Vista Municipal Code is added to read as follows: 5.56.095 Sale of Certain Items Prohibited. A. Sale of Flavored Tobacco Prohibited. Beginning January 1, 2023, it shall be unlawful for any Person to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored 2022/09/13 City Council Post Agenda Page 617 of 809 Ordinance Page 5 Tobacco Product in the City of Chula Vista. 1. There shall be a permissive inference that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale. 2. There shall be a permissive inference that a Tobacco Product is a Flavored Tobacco Product if: a. a public statement or claim is made or disseminated by the manufacturer of a Tobacco Product, or by any person authorized or permitted by the manufacturer to make or disseminate public statement concerning such tobacco product, that such Tobacco Product has or produces a taste or smell other than tobacco; or b. text and/or images on the Tobacco Product’s Labeling or Packaging explicitly or implicitly indicates that the Tobacco Product is a Flavored Tobacco Product. B. Exempted Products. This section does not apply to the sale of Shisha, Premium Cigars, or loose-leaf tobacco. [Section 5.56.100 through 5.56.130 remain unchanged.] 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 j urisdiction, 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, 2023. Section V. Publication 2022/09/13 City Council Post Agenda Page 618 of 809 Ordinance Page 6 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 _____________________________________ ____________________________________ Laura C. Black, AICP Glen R. Googins Interim Director of Development Services City Attorney 2022/09/13 City Council Post Agenda Page 619 of 809 v . 0 01 P a g e | 1 February 25, 2020 File ID: 20-0021 TITLE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.56 (TOBACCO RETAILER) TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES LACKING A REQUIRED FOOD AND DRUG ADMINISTRATION MARKETING ORDER (FIRST READING) RECOMMENDED ACTION Council hear the report, consider the ordinance and provide staff with direction. SUMMARY The City of Chula Vista adopted the Healthy Chula Vista Action Plan in January 2016 inclusive of strategies to prevent chronic diseases. An ordinance amending Chula Vista Municipal Code Chapter 5.56 (Tobacco Retailer) to incorporate additional regulations on tobacco products that address youth access and emerging public health risks, as recommended by the Healthy Chula Vista Advisory Commission, is being presented for Council consideration. ENVIRONMENTAL REVIEW 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Healthy Chula Vista Advisory Commission provided an advisory recommendation that the City Council adopt the ordinance at a special meeting on February 3, 2020 by a vote of 4-0. All Chula Vista licensed tobacco retailers were notified of the meeting and eleven speakers provided input into the agenda item. DISCUSSION On January 5, 2016, the first Healthy Chula Vista Action Plan was adopted, providing a set of strategies to review, create, and evaluate policies and programs within the City and to develop community partnerships to promote wellness within our community. A key component of the plan included measures to prevent chronic diseases within our community. As the overseeing body of the Action Plan, the Healthy Chula Vista Advisory Commission has proposed amendments to the Chula Vista Municipal Code (CVMC) to address emerging public health issues surrounding youth access to e-cigarette products. 2022/09/13 City Council Post Agenda Page 620 of 809 P a g e | 2 On December 19, 2017, the City Council approved amendments to CVMC Chapter 8.22 (Regulation of Smoking in Public Places and Places of Employment) to: add e-cigarettes, including devices used for vaping, to the definition of “smoking”; prohibit smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings, and associated parking lots); and restrict smoking to designated areas in Affordable Housing Projects to align with U.S. Department of Housing and Urban Development guidelines. On March 16, 2018, the City Council also adopted CVMC Chapter 5.56 (Tobacco Retailer), establishing a tobacco retailers license program to regulate tobacco businesses and prevent the selling of tobacco and tobacco paraphernalia to individuals (under the age of 21). Public Health Risks Associated with Smoking Over 480,000 deaths are attributed annually to smoking related diseases in the United States. In the South Bay of San Diego, 20.5% of deaths are attributable to smoking related diseases. While we have known the dangers of smoking combustible cigarettes and other tobacco products for decades, a new form of tobacco products emerged in the U.S. in 2006 through e-cigarettes and became popular over the past three to five years. In June 2019 multiple reports of sudden, and severe lung illness associated with vaping began to be noticed by physicians across the United States. These illnesses have been classified as E-cigarette, or Vaping, Product Use Associated Lung Injuries (EVALI) or Vaping-Associated Pulmonary Injury (VAPI). As of January 21, 2020, the U.S. Centers for Disease Controls and Prevention (CDC) has reported 2,711 hospitalized EVALI cases or deaths, with 60 confirmed deaths1. Currently the CDC research has closely related the additive Vitamin E acetate to EVALI, however there are many different substances and product sources that are being investigated, and there may be more than one cause. While CDC guidance continues to evolve, they indicate that youth and young adults should never use e-cigarette or vaping products1. Due to the public health risks surrounding e-cigarettes, many jurisdictions across the country have become more aware of who was using vaping devices in their communities. While advocates for vaping indicate that e-cigarettes have helped many people stop smoking combustible cigarettes, t he U.S. Surgeon General indicated in the January 2020 Smoking Cessation report that there is presently inadequate evidence to conclude that e-cigarettes, in general, increase smoking cessation2. To date, no e-cigarette product in the U.S. has been approved as a cessation device. The most alarming discovery in the 2020 report was the increased number of youths using e-cigarette products: 1 CDC Smoking & Tobacco Use, “Outbreak of Lung Injury Associated with the Use of E -Cigarette, or Vaping, Products”, https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe-lung-disease.html?s_cid=osh-stu-home- spotlight-006 2 U.S. Department of Health & Human Services, “Smoking Cessation: A Report of the Surgeon General”, January 2020, https://www.hhs.gov/sites/default/files/2020-cessation-sgr-full-report.pdf 2022/09/13 City Council Post Agenda Page 621 of 809 P a g e | 3 • Nearly one-third of high schoolers report using tobacco products, of which 27.5% reported using e- cigarettes within the past 30 days3; • 99% of smokers started before the age of 26; and • At the current rate of smoking among youth, 5.6 million of today’s Americans younger than 18 will die early from a smoking-related illness4. Within San Diego County, several jurisdictions have recently adopted policies or are considering taking actions to prohibit flavored products and/or e-cigarette products, including the County of San Diego and the City of Imperial Beach. Amendments have been proposed by the Healthy Chula Vista Advisory Commission to reduce youth tobacco use and reduce public health risks associated with vaping by placing prohibitions on the sale of flavored tobacco products and electronic smoking devices, as described below. Flavored Tobacco Products While the federal government recognized the dangers of flavored cigarettes in 2009, banning them through the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), the law did not restrict menthol cigarettes and it does not restrict flavored non-cigarette tobacco products, such as smokeless tobacco4. Since 2009, the “vaping” industry has flourished across the United States, introducing many new non-cigarette flavored products. Flavored tobacco products are considered “starter” products that help establish long -term tobacco use and that are proven to be particularly appealing to youth. These products also pose significant barriers to achieving health equity since tobacco companies have targeted youth, communities of color, low -income populations, and members of LGBTQ+ communities with marketing efforts and these groups are significantly more likely to use flavored tobacco products5. According to the 2019 National Youth Tobacco Survey 67.8% of high school students report using flavored vaping products like fruit, mint and candy flavors6. E-Cigarette Products On Aug. 8, 2016, all e-cigarettes and other Electronic Nicotine Delivery Systems (ENDS), such as e-liquids products, became subject to the U.S. Food and Drug Administration (FDA) premarket approval requirements, meaning that they must receive authorization to be legally marketed7. To date, only one ENDS products has been authorized by the FDA and therefore all others are subject to enforcement, at any time. 3 CDC Smoking & Tobacco Use, “Fast Facts”, https://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm#diseases 4 “Family Smoking Prevention and Tobacco Control Act - An Overview”, https://www.fda.gov/tobacco- products/rules-regulations-and-guidance/family-smoking-prevention-and-tobacco-control-act-overview 5 California Medical Association, “Flavored and Mentholated Tobacco Products: Enticing a New Generation of Users”, May 2016, https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/Policy/FlavoredTobac coAndMenthol/FlavoredAndMentholatedTobaccProductsCMAWhitePaperAndExecSummaryMay2016.pdf 6 U.S. Department of Health & Human Services, 2019 Preliminary Data - National Youth Tobacco Survey (NYTS) 7 Federal Register – The Daily Journal of the United States Government, May 10, 2016, https://www.federalregister.gov/documents/2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject- to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the 2022/09/13 City Council Post Agenda Page 622 of 809 P a g e | 4 On June 11, 2019, the FDA released its final guidance on applications of ENDS products for premarket approval. The FDA will review the tobacco products components, ingredients, additives, constituents and health risks, as well as how the product is manufactured, packaged and labeled to limit risk to overall public health of nicotine and tobacco-related disease and death8&9. The FDA further identified limiting access and target marketing to youth as a driver in this recent guidance. On January 2, 2020, the FDA issued a guidance policy to manufacturers of ENDS, to prioritize enforcement resources against those that: market flavored products; have failed to take (or are failing to take) adequate measures to prevent minors’ access; and target to minors or whose marketing is likely to prom ote use of ENDS by minors10. Chula Vista Actions to Prevent Youth Access In addition to the ordinance updates that have been made in the past few years to establish a tobacco retailers license and make City facilities smoke/vape free, the Police Department has received two rounds of funding through Tobacco Grant Programs. The first round of funding was granted to assist in providing additional services aimed at the education, compliance and enforcement of tobacco-related issues within the community. To date, the Chula Vista Police Department has spent over 200 staff hours educating the community on the harmful effects of vaping, enforcing tobacco-related violations through undercover operations and conducting compliance checks at retail establishments. The second round of funding will support an additional School Resource Officer with the hopes of bringing much needed education directly into the schools, directly to our youth. Partnerships with the school district, retailers and ongoing education are critical to ensure our community is aware of the potential dangers of tobacco use. The Healthy Chula Vista Advisory Commission has recommended amendments to CVMC Chapter 5.56 to place a prohibition on the sale of all flavored tobacco products and e-cigarette products that do not have FDA premarket approval, within the City of Chula Vista. While these amendments have been proposed by the Commission based on best practices identified to limit youth access and use of tobacco products, jurisdictions throughout the country have taken different approaches to address this issue. If approved, the ordinance would take effect September 1, 2020. 8 “FDA finalizes guidance for premarket tobacco product applications for electronic nicotine delivery systems as part of commitment to continuing a strong oversight of e-cigarettes”, FDA News Release, June 11, 2019, https://www.fda.gov/news-events/press-announcements/fda-finalizes-guidance-premarket-tobacco-product-applications- electronic-nicotine-delivery-systems 9 “Premarket Tobacco Product Applications for Electronic Nicotine Delivery Systems (ENDS) - Guidance for Industry”, June 2019, https://www.fda.gov/regulatory-information/search-fda-guidance-documents/premarket-tobacco-product- applications-electronic-nicotine-delivery-systems-ends 10“FDA Finalizes Enforcement Policy on Unauthorized Flavored Cartridge-Based E-Cigarettes That Appeal to Children, Including Fruit and Mint”, HHS News Release, January 2, 2020, https://www.hhs.gov/about/news/2020/01/02/fda -finalizes- enforcement-policy-unauthorized-flavored-cartridge-based-e-cigarettes.html 2022/09/13 City Council Post Agenda Page 623 of 809 P a g e | 5 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 of the 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 All costs associated with the preparation of this staff report are covered under the Development Services budget. ONGOING FISCAL IMPACT Staff time associated with the enforcement of the tobacco retailing prohibitions are budgeted under that Police Department. ATTACHMENTS 1. Proposed Ordinance Amendments. Staff Contact: Stacey Kurz, Senior Project Coordinator, Development Services Department 2022/09/13 City Council Post Agenda Page 624 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/1/11 Chula Vista Vaping & Smoking Survey Vaping Results Q1 w Which school do you currently attend? Answered: 40 Skipped: 0 Alta Vista Academy Bonita Middle Bonita Vista High Castle Park High Castle Park Middle Chula Vista High School Chula Vista High Middle Eastlake High Eastlake Middle Hilltop High Hilltop Middle Launch Academy Mar Vista Academy Mar Vista High Montgomery High Montgomery Middle Montgomery Middle Olympian High Options Secondary Otay Ranch High Palomar High Rancho del Rey Middle San Ysidro High 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 625 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/2/11 Q2 w 0.00%0 20.00%8 12.50%5 2.50%1 2.50%1 0.00%0 0.00%0 0.00%0 0.00%0 7.50%3 0.00%0 0.00%0 0.00%0 0.00%0 0.00%0 0.00%0 0.00%0 0.00%0 7.50%3 0.00%0 0.00%0 0.00%0 15.00%6 32.50%13 0.00%0 0.00%0 0.00%0 TOTAL 40 0%10%20%30%40%50%60%70%80%90%100% Southwest High Southwest Middle St Rose of Lima Sweetwater High ANSWER CHOICES RESPONSES Alta Vista Academy Bonita Middle Bonita Vista High Castle Park High Castle Park Middle Chula Vista High School Chula Vista High Middle Eastlake High Eastlake Middle Hilltop High Hilltop Middle Launch Academy Mar Vista Academy Mar Vista High Montgomery High Montgomery Middle Montgomery Middle Olympian High Options Secondary Otay Ranch High Palomar High Rancho del Rey Middle San Ysidro High Southwest High Southwest Middle St Rose of Lima Sweetwater High What grade are you currently in? Answered: 40 Skipped: 0 7 8 9 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 626 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/3/11 Q3 w 0.00%0 20.00%8 5.00%2 5.00%2 32.50%13 37.50%15 TOTAL 40 0%10%20%30%40%50%60%70%80%90%100% 10 11 12 ANSWER CHOICES RESPONSES 7 8 9 10 11 12 Before school closures, how often did you notice other students vaping? Answered: 40 Skipped: 0 Before/After School During Lunch Breaks Between Class Periods Socially Outside of...40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 627 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/4/11 Q4 w Q5 w 22.50% 9 32.50% 13 22.50% 9 22.50% 9 40 2.45 27.50% 11 22.50% 9 35.00% 14 15.00% 6 40 2.38 47.50% 19 27.50% 11 7.50% 3 17.50% 7 40 1.95 20.00% 8 15.00% 6 40.00% 16 25.00% 10 40 2.70 0%10%20%30%40%50%60%70%80%90%100% Never Rarely Sometimes Often NEVER RARELY SOMETIMES OFTEN TOTAL WEIGHTED AVERAGE Before/After School During Lunch Breaks Between Class Periods Socially Outside of School 40.00%16 42.50%17 12.50%5 5.00%2 Approximately how many of your friends currently vape? Answered: 40 Skipped: 0 TOTAL 40 0%10%20%30%40%50%60%70%80%90%100% None 1-5 6-10 More than 10 ANSWER CHOICES RESPONSES None 1-5 6-10 More than 10 Which tobacco products have you used/tried? (check all that apply) Answered: 12 Skipped: 28 Cigarettes 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 628 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/5/11 Q6 w 25.00%3 83.33%10 16.67%2 16.67%2 8.33%1 16.67%2 16.67%2 0.00%0 Total Respondents: 12 0%10%20%30%40%50%60%70%80%90%100% E-cigarettes/va pes Chewing tobacco/snus... Little cigars/cigar... Cigars Pipes Hookah None ANSWER CHOICES RESPONSES Cigarettes E-cigarettes/vapes Chewing tobacco/snus/etc. Little cigars/cigarellos Cigars Pipes Hookah None 95.00%38 2.50%1 0.00%0 How often do you smoke cigarettes? Answered: 40 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% Never Less than once per month At least once per month At least once every week At least once every day Several times a day ANSWER CHOICES ANSWER CHOICES RESPONSES RESPONSES Never Less than once per month At least once per month 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 629 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/6/11 Q7 w Q8 w 0.00%0 0.00%0 2.50%1 TOTAL 40 TOTAL 40 At least once every week At least once every day Several times a day 87.50%35 7.50%3 2.50%1 0.00%0 0.00%0 2.50%1 How often do you vape? Answered: 40 Skipped: 0 TOTAL 40 0%10%20%30%40%50%60%70%80%90%100% Never Less than once per month At least once per month At least once every week At least once every day Several times a day ANSWER CHOICES RESPONSES Never Less than once per month At least once per month At least once every week At least once every day Several times a day What do you vape? (check all that apply) Answered: 33 Skipped: 7 Nicotine products Non-nicotine products Cannabis None of the above 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 630 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/7/11 Q9 w Q10 w 15.15%5 3.03%1 18.18%6 75.76%25 Total Respondents: 33 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Nicotine products Non-nicotine products Cannabis None of the above 78.95%30 15.79%6 5.26%2 15.79%6 2.63%1 7.89%3 2.63%1 Why did you start vaping? (check all that apply) Answered: 38 Skipped: 2 Total Respondents: 38 0%10%20%30%40%50%60%70%80%90%100% I do not vape Curiosity My friends and/or famil... Stress relief It's a cool thing to do Enjoy the taste of the... To help quit smoking... ANSWER CHOICES RESPONSES I do not vape Curiosity My friends and/or family members vape Stress relief It's a cool thing to do Enjoy the taste of the flavored product To help quit smoking cigarettes What products do you or your friends use? (check all that apply) Answered: 27 Skipped: 13 Juuls Suorin 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 631 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/8/11 Q11 w 40.74%11 3.70%1 55.56%15 44.44%12 3.70%1 11.11%3 33.33%9 Total Respondents: 27 0%10%20%30%40%50%60%70%80%90%100% Suo Puff Bar Pens Tanks Mods Not sure ANSWER CHOICES RESPONSES Juuls Suorin Puff Bar Pens Tanks Mods Not sure 21.43%6 28.57%8 25.00%7 14.29%4 64.29%18 Where do you or your friends get vaping products? (check all that apply) Answered: 28 Skipped: 12 Total Respondents: 28 0%10%20%30%40%50%60%70%80%90%100% Convenience stores/gas... Vape shops Family/friends On-line Not sure ANSWER CHOICES RESPONSES Convenience stores/gas stations (e.g. 7-11, Mobile, Arco, etc.) Vape shops Family/friends On-line Not sure 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 632 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/9/11 Q12 w Q13 w Q14 w 7.89%3 84.21%32 7.89%3 Do you use flavored tobacco/vaping products? Answered: 38 Skipped: 2 TOTAL 38 0%10%20%30%40%50%60%70%80%90%100% Yes No Not sure ANSWER CHOICES RESPONSES Yes No Not sure 50.00%16 12.50%4 3.13%1 34.38%11 How likely are you to use a non-flavored product? Answered: 32 Skipped: 8 TOTAL 32 0%10%20%30%40%50%60%70%80%90%100% Not likely Possibly Very likely Not sure ANSWER CHOICES RESPONSES Not likely Possibly Very likely Not sure 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 633 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/10/11 Q14 w Q15 w Q16 w 84.21%32 0.00%0 2.63%1 5.26%2 7.89%3 Has COVID-19 affected how often you vape? Answered: 38 Skipped: 2 TOTAL 38 0%10%20%30%40%50%60%70%80%90%100% No, I do not vape No, I vape the same amount Yes, I vape more now Yes, I vape less now I stopped vaping ANSWER CHOICES RESPONSES No, I do not vape No, I vape the same amount Yes, I vape more now Yes, I vape less now I stopped vaping 33.33%13 56.41%22 10.26%4 Do you believe vaping is safer than smoking cigarettes? Answered: 39 Skipped: 1 TOTAL 39 0%10%20%30%40%50%60%70%80%90%100% Yes No Why? (please specify) ANSWER CHOICES RESPONSES Yes No Why? (please specify) f k i ld lik i 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 634 of 809 8/5/22, 11:56 AM Chula Vista Vaping & Smoking Survey - Responses | SurveyMonkey https://www.surveymonkey.com/results/SM-XSH8K99L9/11/11 Check out our sample surveys and create your own now! Powered by 5.00%2 7.50%3 87.50%35 If you vape or smoke cigarettes, would you like to quit? Answered: 40 Skipped: 0 TOTAL 40 0%10%20%30%40%50%60%70%80%90%100% Yes No N/A, I don't vape/smoke ANSWER CHOICES RESPONSES Yes No N/A, I don't vape/smoke 40 responses Share Link https://www.surveymonkey.com/res Tweet COPY Share Share ÷ wSIGN UP FREE 2022/09/13 City Council Post Agenda Page 635 of 809 Chapter 5.56 TOBACCO RETAILER Sections: 5.56.010 Definitions. 5.56.020 Tobacco retailer’s permit required. 5.56.030 Permit application and procedure. 5.56.040 Issuance of a permit. 5.56.050 Permit renewal and expiration. 5.56.060 Permits nontransferable. 5.56.070 Permit conveys a limited, conditional privilege. 5.56.080 Permit fee. 5.56.090 Tobacco retailer operating requirements and prohibitions. 5.56.095 Sale of certain items prohibited. 5.56.100 Compliance monitoring. 5.56.110 Suspension or revocation of permit. 5.56.120 Violations – Penalties. 5.56.130 Requirement for tobacco retailer permit – Operative date. CROSS REFERENCE: Sales and use tax, see Ch. 3.36 CVMC. Smoking prohibited, see Ch. 8.22 CVMC. Prior legislation: Prior code §§ 20.2.1, 20.2.5 – 20.2.9; Ords. 1133, 1178, 2506 and 2693. 5.56.010 Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: A. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any 2022/09/13 City Council Post Agenda Page 636 of 809 compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm’s Length Transaction. B. “Applicant” means the Person applying for a permit pursuant to this chapter. C. “Chief of Police” means the Chief of Police of the City of Chula Vista, or his/her designee. D. “City” means the City of Chula Vista. E. “City Attorney” means the City Attorney for the City of Chula Vista, or his/her designee. F. “Crime of Moral Turpitude” means a crime involving a readiness to do evil, an act of moral depravity of any kind that has a tendency in reason to shake one’s confidence in their honesty, deceit, or fraud. G. “Drug Paraphernalia” has the meaning set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. H. “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic Smoking Device” also includes cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices. I. “Flavored Tobacco Product” means a Tobacco Product that contains or emits a taste or smell, other than the taste or smell of tobacco, including but not limited to, any taste or smell relating to fruit, mint, menthol, wintergreen, chocolate, cocoa, vanilla, honey, candy, dessert, alcoholic beverage, herb, or spice. “Flavored Tobacco Products” do not include products approved by the Food and Drug Administration (FDA) for sale either as a tobacco cessation product or for other therapeutic purposes, where the product is marketed and sold solely for such an FDA-approved purpose. J. “Owner” means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a 20 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a business. JK. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. 2022/09/13 City Council Post Agenda Page 637 of 809 L. “Premium Cigars” means any cigar that is handmade, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars. A Premium Cigar does not have filter, tip, or nontobacco mouth. KM. “Police Department” means the Chula Vista Police Department, and any agency or Person designated by the Department to enforce or administer the provisions of this chapter. LN. “Self-Service Display” means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. O. “Shisha” means a tobacco product that is mixed with molasses, honey, fruit, or dried fruits and is sold for use in a hookah. MP. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of a Tobacco Product. NQ. “Tobacco Product” means: 1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and 2. Any Electronic Smoking Device. 3. Notwithstanding any provision of subsections (NQ)(1) and (NQ)(2) of this section to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. OR. “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco Retailer does not include persons licensed by the City to conduct commercial cannabis activity in accordance with Chapter 5.19 CVMC. (Ord. 3417 § 1, 2018). 2022/09/13 City Council Post Agenda Page 638 of 809 5.56.020 Tobacco retailer’s permit required. It shall be unlawful for any Person to act as a Tobacco Retailer in the City without first obtaining and maintaining, for each location at which Tobacco Retailing is to occur, a valid Tobacco Retailer’s permit pursuant to this chapter, a valid business license pursuant to Chapter 5.02 CVMC, and any and all required state licenses, including but not limited to a California Cigarette and Tobacco Products Retailer’s License. (Ord. 3417 § 1, 2018). 5.56.030 Permit application and procedure. A. All applications shall be submitted on a form supplied by the Police Department and shall include, but not be limited to, the following information: 1. The Applicant’s business name and address. 2. The address of the proposed Tobacco Retailer business location. 3. If the Applicant is a natural person: a. The full true name and any other names ever used by the Applicant; b. The current residential address and telephone number of the Applicant; c. Written proof that the applicant is 21 years of age or older; d. The Applicant’s height, weight, and color of eyes and hair; e. The Applicant’s valid social security number; f. Photographs of the Applicant as specified by the Chief of Police; g. The applicant’s business, occupation, and employment history for the five years immediately preceding the date of application, including addresses and dates of employment; h. A list of all crimes for which the applicant has been convicted, including those dismissed pursuant to Penal Code Section 1203.4, except traffic infractions, and a statement of the dates and places of such convictions. 4. If the Applicant is a corporation, the name of the corporation exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, the names and residential addresses of each of its current officers and directors, and of each stockholder holding more than 25 percent of the stock of the corporation. 2022/09/13 City Council Post Agenda Page 639 of 809 5. If the Applicant is a partnership, the name and residential address of each of the partners, including limited partners. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by subsection (A)(4) of this section. 6. If the Applicant is a limited partnership, a copy of the limited partnership’s certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the Applicant shall provide the information about that partner required by subsection (A)(4) of this section. 7. If the Applicant is a corporation or partnership, the name of the responsible managing officer pursuant to subsection (C) of this section. 8. A single name and mailing address authorized by the Applicant to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, the Applicant shall be understood to consent to the provision of notice at the address specified in subsection (A)(1) of this section. 9. All fictitious business names ever used by the Applicant and the respective addresses of those businesses. 10. Whether the Applicant has ever had any license or permit issued by any agency or board, or any city, county, state, or federal agency, suspended or revoked, or has had any professional or vocational license or permit suspended or revoked within five years immediately preceding the application, and the reason for the suspension or revocation. 11. The name and address of the current owner and lessor of the real property upon which the proposed Tobacco Retailing business is to be conducted, and a copy of the lease or rental agreement. 12. Copies of all business tax certificates and local business licenses. 13. Copies of applications for licenses and licenses issued pursuant to California Business and Professions Code Section 22970 et seq., the “Cigarette and Tobacco Products Licensing Act of 2003.” If an application for a license pursuant to the “Cigarette and Tobacco Products Licensing Act of 2003” has been denied, copies of documentation regarding the reason for the denial of such license. 14. At the discretion of the Chief of Police, such other identification and information, including fingerprints, as may be required in order to discover the truth of the matters herein and/or deemed necessary for the administration or enforcement of this chapter as specified on the application form required by this section. B. Owners, Corporate Officers, Partners Deemed Applicants. Each Owner of a Tobacco Retailer applicant is deemed a co-Applicant and each shall provide the information required in subsection (A) of this section. For Tobacco Retailer applicants with less than 20 employees, each corporate officer or partner of a Tobacco Retailer is deemed a co-Applicant and each shall provide the information required in subsection (A) of this section. 2022/09/13 City Council Post Agenda Page 640 of 809 C. Designation of Responsible Managing Officer. A Tobacco Retailer applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. D. Change in Information. An Applicant shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s Permit within 10 business days of a change. E. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions. F. Application Fee. The Applicant shall pay an application fee in an amount to be set by the City Council to cover the costs incurred by the City to process the application. (Ord. 3417 § 1, 2018). 5.56.040 Issuance of a permit. A. Upon the receipt of a complete application for a Tobacco Retailer’s permit and the permit fee required by this chapter, the Chief of Police shall have authority to grant or deny the application for Tobacco Retailer permit. An application for permit may be denied by the Chief of Police for any of the following reasons: 1. The application is received after the designated time and date. 2. The application is not in the required form and/or is incomplete. 3. The Applicant has made a false, misleading, or fraudulent statement, or omission of fact in the application or in the application process. 4. The Applicant or a co-Applicant has failed to submit fingerprints or other information deemed necessary by the Chief of Police pursuant to CVMC 5.56.030. 5. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action against any type of license for violations of any tobacco control law, including but not limited to the following offenses: Penal Code Section 308, Business and Professions Code Section 225950 et seq. (“Stop Tobacco Access to Kids Enforcement Act” or the “STAKE Act”), Business and Professions Code Section 22970 et seq. (“Cigarette and Tobacco Products Licensing Act of 2003”), or a charge of violating a lesser-included or lesser-related offense including, but not limited to, Penal Code Section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section. 6. The Applicant or a co-Applicant has within 10 years immediately preceding the date of the filing of the application been convicted of any felony criminal offense or any Crime of Moral Turpitude. 2022/09/13 City Council Post Agenda Page 641 of 809 7. There are charges pending against the Applicant or a co-Applicant for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon. 8. The Applicant or a co-Applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action for violation of local, state, or federal law. 9. The Applicant seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code including without limitation the zoning, building, and business license tax regulations and codes, or that is unlawful pursuant to any other law. 10. The Applicant or a co-Applicant has had a Tobacco Retailer’s renewal permit or an application for a Tobacco Retailer’s permit denied within one year prior to the date of application. 11. The Applicant or a co-Applicant is ineligible for a Tobacco Retailer permit pursuant to CVMC 5.56.120. B. The Chief of Police shall serve the Applicant, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the application for a Tobacco Retailer’s permit. If the application has been approved, the notice shall state the permit fee amount, the date by which the permit fee must be paid, and the location where payment must be made. If the application has been denied, the notice shall state the reasons for denial, the effective date of the decision, and the right of the applicant to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within 14 days of service of the notice. The City Manager’s determination regarding the application shall be final. The City Manager shall provide dated written notice to the applicant, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the applicant to seek judicial review of the City Manager’s determination. C. No permit shall issue pursuant to this chapter unless the permit fee, established in accordance with CVMC 5.56.080, has been timely paid pursuant to the notice issued above. D. A permit issued under this chapter shall be valid for a period of one year from the date of the issuance or from the date of renewal. (Ord. 3417 § 1, 2018). 5.56.050 Permit renewal and expiration. A. A Tobacco Retailer’s permit shall automatically renew on an annual basis unless the Chief of Police determines prior to the date on which the permit is to be automatically renewed that any of the factors identified in subsection (C) of this section exist. A Tobacco Retailer shall have the duty to ensure that all City records generated pursuant to this chapter are accurate and up to date prior to automatic renewal. 2022/09/13 City Council Post Agenda Page 642 of 809 B. The Tobacco Retailer shall pay a renewal fee established pursuant to CVMC 5.56.080 prior to the date on which the permit is to be automatically renewed. C. The Chief of Police shall have authority to grant or deny the renewal permit. A renewal permit may be denied by the Chief of Police for any of the following reasons: 1. Any of the grounds for suspension or revocation under CVMC 5.56.110 exist. 2. The permit is suspended or revoked at the time of the application. 3. The Tobacco Retailer has not been in regular and continuous operation in the four months prior to the renewal application. 4. The Tobacco Retailer fails to or is unable to renew any required state licenses. 5. The Tobacco Retailer has failed to pay the renewal fee established pursuant to CVMC 5.56.080 prior to the date on which the permit is to be automatically renewed. 6. The Tobacco Retailer fails to ensure that all City records generated pursuant to this chapter are accurate and up to date prior to the automatic renewal. D. The Chief of Police is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the Chief of Police is authorized to impose additional conditions on a renewal permit if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. E. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to approve or deny the renewal permit. A denial notice shall state the reasons for the action, the effective date of the decision, and the right of the Tobacco Retailer to appeal the decision to the City Manager. Any appeal must be filed in writing with the City Clerk within 14 days of service of the notice. The City Manager’s determination regarding the renewal permit shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. (Ord. 3417 § 1, 2018). 5.56.060 Permits nontransferable. A. A Tobacco Retailer’s permit may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer’s permit is required whenever a Tobacco Retailer has a change in more than 20 percent ownership of the Tobacco Retailer or whenever a Tobacco Retailer changes location. 2022/09/13 City Council Post Agenda Page 643 of 809 B. Notwithstanding any other provision of this chapter, prior violations at a Tobacco Retailer location shall continue to be counted against the location and permit ineligibility periods shall continue to apply to the location unless: 1. The location has been transferred to the new Owner in an Arm’s Length Transaction; and 2. The new Owner provides the City with clear and convincing evidence that the new Owner(s) have acquired or are acquiring the location in an Arm’s Length Transaction. (Ord. 3417 § 1, 2018). 5.56.070 Permit conveys a limited, conditional privilege. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s permit any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the permit. It is the responsibility of each permittee to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer’s Permit. No permittee may rely on the issuance of a permit as a determination by the City that the permittee has complied with all laws applicable to Tobacco Retailing. Nothing in this chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer’s license any status or right to act as a Tobacco Retailer in contravention of any provision of law. (Ord. 3417 § 1, 2018). 5.56.080 Permit fee. The fee to issue or to renew a Tobacco Retailer’s permit shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. (Ord. 3417 § 1, 2018). 5.56.090 Tobacco retailer operating requirements and prohibitions. A. Compliance with All Laws Required. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing. B. Fixed Location Required. No Person shall engage in Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot or from vehicles is prohibited. 2022/09/13 City Council Post Agenda Page 644 of 809 C. Display of Permit. Each Tobacco Retailer permit shall be prominently displayed in a publicly visible location at the permitted location. D. Positive Identification Required. No Person engaged in Tobacco Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the Tobacco Product or Tobacco Paraphernalia. E. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited. F. Tobacco Display Prohibited without Valid Permit. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display Tobacco Products or Tobacco Paraphernalia in public view. A Tobacco Retailer without a valid Tobacco Retailer permit shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. G. Drug Paraphernalia. It shall be a violation of this chapter for any permittee or any of the permittee’s agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, except that conduct authorized pursuant to state law shall not be a violation of this chapter. H. Windows. 1. In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a permit issued, it shall be a violation of this chapter for a permittee, or any of the permittee’s agents or employees, to cover more than 20 percent of the window area with window signs in accordance with CVMC 19.60.500. 2. All windows shall be maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights-of-way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights-of-way or from the entrance. I. Change in Information. A Tobacco Retailer shall inform the Police Department in writing of any change in the information submitted on an application for a Tobacco Retailer’s permit within 10 business days of a change. (Ord. 3417 § 1, 2018). 5.56.095 Sale of Certain Items Prohibited. A. Sale of Flavored Tobacco Prohibited. Beginning January 1, 2023, it shall be unlawful for any Person to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored Tobacco Product in the City of Chula Vista. 2022/09/13 City Council Post Agenda Page 645 of 809 1. There shall be a permissive inference that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale. 2. There shall be a permissive inference that a Tobacco Product is a Flavored Tobacco Product if: a. a public statement or claim is made or disseminated by the manufacturer of a Tobacco Product, or by any person authorized or permitted by the manufacturer to make or disseminate public statement concerning such tobacco product, that such Tobacco Product has or produces a taste or smell other than tobacco; or b. text and/or images on the Tobacco Product’s Labeling or Packaging explicitly or implicitly indicates that the Tobacco Product is a Flavored Tobacco Product. B. Exempted Products. This section does not apply to the sale of Shisha, Premium Cigars, or loose-leaf tobacco. 5.56.100 Compliance monitoring. A. Compliance with this chapter shall be monitored by the Police Department. In addition, any peace and/or code enforcement officer may enforce the provisions of this chapter. B. The Police Department shall inspect each Tobacco Retailer at least one time per 24-month period. Nothing in this subsection shall create a right of action in any permittee or other Person against the City or its agents. C. Right of Access. The Police Department and/or their authorized representatives shall have full access to enter a permitted Tobacco Retailer location to conduct an inspection during the operating hours of the Tobacco Retailer. Failure to cooperate with any Police Department inspection may result in a permit violation subject to suspension or revocation. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. (Ord. 3417 § 1, 2018). 5.56.110 Suspension or revocation of permit. A. Suspension or Revocation of Permit for Violation. In addition to any other penalty authorized by law, a Tobacco Retailer’s permit may be suspended or revoked if any court of competent jurisdiction determines, or the Chief of Police finds, based on a preponderance of the evidence, after the permittee is afforded notice and 2022/09/13 City Council Post Agenda Page 646 of 809 an opportunity to be heard, that the permittee, or any of the permittee’s agents, officers, partners, representatives, managers, or employees, has violated any of the requirements, conditions, or prohibitions of this chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in CVMC 5.56.020 as follows: 1. Upon a finding by the Chief of Police of a first violation of this chapter at a location, the permittee shall be issued a warning by the Department. 2. Upon a finding by the Chief of Police of a second violation of this chapter at a location within any 60- month period, the permit shall be suspended for 90 days. 3. Upon a finding by the Chief of Police of a third violation of this chapter at a location within any 60- month period, the permit shall be suspended for one year. 4. Upon a finding by the Chief of Police of a fourth violation of this chapter at a location within any 60- month period, the permit shall be revoked. B. The Chief of Police shall serve the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to suspend or revoke the permit. A suspension or revocation notice shall state the reasons for the action, the effective date of the decision, and the right of the permittee to appeal the decision to the City Manager. An appeal to the City Manager is not available for a revocation made pursuant to subsection (C) of this section. Any appeal must be filed in writing with the City Clerk within 14 days of service of the notice. The City Manager’s determination regarding the suspension or revocation shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination. C. Revocation of Permit Wrongly Issued. A Tobacco Retailer’s permit shall be revoked if the Chief of Police finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under CVMC 5.56.020 existed at the time application was made or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under CVMC 5.56.050 existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with subsection (B) of this section. D. If a permit issued under this chapter is suspended or revoked, all Tobacco Products and Tobacco Paraphernalia at the suspended or revoked Tobacco Retailer’s location shall be removed from public view for the duration of the suspension or revocation. The Tobacco Retailer additionally shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation. (Ord. 3417 § 1, 2018). 2022/09/13 City Council Post Agenda Page 647 of 809 5.56.120 Violations – Penalties. A. It shall be unlawful for any Person to violate any provision, or to fail to comply with the requirements, of this chapter or any regulation adopted hereunder. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation. B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the state of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense. D. Tobacco Retailing without a Valid Permit – Ineligibility for Permit. In addition to any other penalty authorized by law, if the Chief of Police finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s permit, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s permit as follows: 1. After a first violation of this section at a location within any 60-month period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until 30 days have passed from the date of the violation. 2. After a second violation of this section at a location within any 60-month period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until 90 days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any 60-month period, no new permit may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until five years have passed from the date of the violation. E. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of 18 years old, such a Person shall not be required to appear or give testimony in any 2022/09/13 City Council Post Agenda Page 648 of 809 civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. F. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. (Ord. 3417 § 1, 2018). 5.56.130 Requirement for tobacco retailer permit – Operative date. For a Tobacco Retailer business not in existence, a Tobacco Retailer permit must be obtained prior to commencement of Tobacco Retailing. For an existing Tobacco Retailer business, a Tobacco Retailer permit must be obtained the later to occur of six months after the date the Police Department begins accepting applications for Tobacco Retailer permits or upon renewal of the Tobacco Retailer’s business license issued pursuant to Chapter 5.02 CVMC. (Ord. 3417 § 1, 2018). 2022/09/13 City Council Post Agenda Page 649 of 809 September 1, 2022 Re: Flavored Tobacco Products and OUR KIDS Attn: Chula Vista City Council Dear Mayor Salas and Council Members Padilla, Cardenas, McCann, & Galvez, As two cofounders of Parents Against Vaping E-cigarettes (PAVe), a national organization founded in 2018 by three moms as a grassroots response to the youth vaping epidemic, we write today to express our strong support for ending the sale of all flavored e-cigarettes and all other FLAVORED tobacco products in Chula Vista, with no exemptions. PAVe’s passionate parent volunteers have been advocating across California for ending the sale of all flavored tobacco products, participating in successful legislative campaigns in San Diego, Sacramento, San Jose, Santa Ana, Los Angeles and many more California cities and counties. At the state level PAVe parents helped pass SB 793, which is now on hold due to Big Tobacco’s referendum. We are grateful to serve as important partners for California’s county, city, and state tobacco prevention coalitions. According to the 2021 National Youth Tobacco Survey (NYTS), over 2 million young people are currently vaping, and the research has proven over and over that flavors are hooking our kids. The latest figures show that 8 out of 10 teens who vape use flavors. With 40% of high-school users using an e-cigarette on 20 or more days out of the month,we must take action immediately to protect these teens from becoming an entire generation of nicotine addicts. A report published by Data Bridge Market Research published on January 13, 2022, stated, "Various flavor offerings with shisha tobacco and widespread adoption by the various themed restaurants as well as the youth population has been directly impacting the growth of shisha tobacco market. Variety of flavor offerings in shisha tobacco is one of the major driving factors as a large portion of the youth are willing to take up flavored smoking.” For these reasons, we are proud to advocate for a strong tobacco retail license ordinance in Chula Vista that is comprehensive and includes hookah, e-cigarettes, and ALL flavored tobacco products. Please provide the kids of Chula Vista with the same protections enjoyed by the kids in many other surrounding municipalities and prioritize lives, health equity, and prevention during this public health emergency! Thank you for your leadership and bringing this very important issue forward. Sincerely, Dorian Fuhrman and Meredith Berkman Co-Founders, PAVe www.parentsagainstvaping.org Written Communications Item #8.2 - Fuhrman and Berkman 2022/09/13 City Council Post Agenda Page 650 of 809 Written Communications Item #8.2 - Knapp 2022/09/13 City Council Post Agenda Page 651 of 809 Written Communications Item #8.2 - Knapp 2022/09/13 City Council Post Agenda Page 652 of 809 From: Cynthia Knapp <Cynthia.Knapp@saysandiego.org> Sent: Tuesday, September 6, 2022 2:15 PM To: Mary Salas <MSalas@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov>; Hartman, Lester <Lester.Hartman@childrens.harvard.edu>; JohnDale Noriega <JohnDale.Noriega@saysandiego.org> Subject: Dr. Hartman: LOS for Tobacco Product Regulation Hello Mayor Salas, Dr. Lester Hartman, pediatrician and tobacco researcher out of Harvard University, has close ties to the City of Chula Vista. He wrote the attached letter for your consideration in the upcoming flavored tobacco decision. Dr. Hartman cannot join us in-person for the City Council meeting, but is copied on this message. Please reach out with any questions you have regarding his points. Thank you, Cynthia Cynthia (Cindy) Knapp, MPH | Program Manager she/her/hers SAY San Diego Alcohol, Tobacco, and Other Drug Prevention 4275 El Cajon Blvd., Ste. 101 | San Diego, CA 92105 Mobile: www.saysandiego.org From: Cynthia Knapp Sent: Friday, September 2, 2022 2:33 PM To: msalas@chulavistaca.gov Cc: CityClerk Subject: SAY San Diego: LOS for Tobacco Product Regulation Good afternoon Mayor Salas, Please accept this letter of support from Social Advocates for Youth (SAY) San Diego regarding amending Chula Vista’s Tobacco Retail License program to prohibit the sale of flavored tobacco products. The data shows ordinances like this one reduce youth access to tobacco products, which reduces youth initiation and use. We appreciate your leadership. Warm regards, Cynthia Warning: External Email Written Communications Item #8.2 - Knapp mailto:Cynthia.Knapp@says andiego.org mailto:MSalas@chula vistaca.govmailto:CityClerk@chula vistaca.gov mailto:Lester.Hartman@childrens. harvard.edumailto:JohnDale.Noriega@say sandiego.org http:// www.saysandiego. org/ mailto:Cynth ia.Knapp@s aysandiego. org mailto:msalas@chula vistaca.govmailto: CityCler k@chul avistac a.gov 2022/09/13 City Council Post Agenda Page 653 of 809 Cynthia (Cindy) Knapp, MPH | Program Manager she/her/hers SAY San Diego Alcohol, Tobacco, and Other Drugs Prevention 4275 El Cajon Blvd., Ste. 101 | San Diego, CA 92105 Mobile: www.saysandiego.org Confidentiality Notice: This message and any accompanying documents contain information that is confidential, privileged, or exempt from disclosure under applicable law and is intended for the exclusive use of the addressee. This information is private and protected by law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the contents of this information in any manner is strictly prohibited Written Communications Item #8.2 - Knapp http:// www.saysandiego. org/ 2022/09/13 City Council Post Agenda Page 654 of 809 September 6, 2022 Mayor Salas and Chula Vista Councilmembers, I am a retired Massachusetts-based pediatrician integrally involved in Massachusetts passing Tobacco21 and the tobacco flavor ban, including menthol. Here are some points about vaping you may not know: 1.) 95% of lifetime tobacco users start before the age of 21. 2.) There is a strong association between vape and thyroid cancer, cervical cancer, and leukemia. In my own practice, I saw a 19 year-old who vaped THC and nicotine develop nasopharyngeal cancer which, on average, strikes adult adults age 40 or older. 3.) In Massachusetts, after Tobacco21 age restriction and flavor ban were enacted, the convenience store industry continue to grow at a 3-5% increase. These regulations don’t put businesses out of business. 4.) E-cigarettes are adolescent nicotine addiction devices, not adult smoking cessation devices. Several months ago, in a vape shop in Chula Vista, I bought the e-cigarette product called INFINITE 8000. Yes, it has 8,000 puffs of “Blu razz” vape. The device fits into the palm of your hand and is equivalent to 30-40 packs of cigarettes. 5.) When Massachusetts initially exempted menthol, Massachusetts kids defaulted to using menthol products. In Vancouver, when menthol was banned, there was a 30-50% increase in adult quit attempts. 6.) Dr. Hajek’s recent study says nicotine-based e-cigarettes are 2 times more likely to gets you off cigarettes than gum and patches. But what he did not say is gum and patches are 2.5 times more likely to get you off ALL nicotine containing products. 7.) The goal of Big Vape and Big Tobacco is to delay, delay, delay while they continue to make millions and even billions of dollars. Send a message to Big Tobacco and voters in other towns that you are not waiting for the vote on Proposition 31, you want to stop this youth epidemic NOW!! 8.) Dr. Friedman’s paper on claiming when flavors were banned kids started using combustible tobacco. Her data was flawed, and she used data before the legislation went from passed to enacted, which is often a 6-month gap. She failed account for this. Thank you, Lester J. Hartman, MD MPH FAAP Westwood-Mansfield Pediatric Associates Lester.hartman@childrens.harvard.edu | www.wmpeds.com Proactive in your child’s care. Empowering families for over 60 years." @DrHartmanWMPEDS | # Tobacco21 | # DontBeAJuulFuul | # FlavorsHookKids Written Communications Item #8.2 - Knapp http:// www.wmpeds.co m/ 2022/09/13 City Council Post Agenda Page 655 of 809 Dear Councilmembers, My previously sent email contained an error, please accept my sincerest apologies and see the corrected message below: Attached is a letter from the African American Tobacco Control Leadership Council strongly encouraging the Chula Vista City Council to end the sale of menthol cigarettes and all flavored tobacco products in the City. This is no minor matter; lives are at stake. New research shows that between 1980-2018 menthol cigarettes were responsible for: 1. 1.5 million new African American smokers; 2. 157,000 smoking-related premature deaths among African Americans; and 3. 1.5 million life-years lost among African Americans (Mendez & Le, 2021) (the full article and an accompanying editorial are also attached.) Time is of the essence. We can't wait on the State or the FDA. Chula Vista must act now! Thank you for your leadership. With gratitude, Camille Cummings On Wed, Sep 7, 2022 at 9:36 AM Camille Cummings <ccummings@amplify.love> wrote: Dear Councilmembers, Attached is a letter from the African American Tobacco Control Leadership Council strongly encouraging the Chula Vista City Council to end the sale of menthol cigarettes and all flavored tobacco products in the City. This is no minor matter; lives are at stake. New research shows that between 1980-2018 menthol cigarettes were responsible for: 1. 1.5 million new African American smokers; 2. 157,000 smoking-related premature deaths among African Americans; and 3. 1.5 million life-years lost among African Americans (Mendez & Le, 2021) (the full article and an accompanying editorial are also attached.) Time is of the essence. We can't wait on the State or the FDA. New York City must act now! Thank you for your leadership. With gratitude, Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 656 of 809 Camille Cummings -- Camille Cummings, Project Coordinator African American Tobacco Control Leadership Council Phone: 888.881.6619 ext. 109 https://www.savingblacklives.org/ Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 657 of 809 From: Camille Cummings < Sent: Wednesday, September 7, 2022 9:36 AM To: Mary Salas <MSalas@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov>; Adrian Kwiatkowski < Aida C. Castaneda <Valerie Yerger <Carol McGruder Phillip Gardiner <Camille Cummings Subject: End the Sale of Menthol Cigarettes and all Flavored Tobacco Products in Chula Vista Dear Councilmembers, Attached is a letter from the African American Tobacco Control Leadership Council strongly encouraging the Chula Vista City Council to end the sale of menthol cigarettes and all flavored tobacco products in the City. This is no minor matter; lives are at stake. New research shows that between 1980-2018 menthol cigarettes were responsible for: 1. 1.5 million new African American smokers; 2. 157,000 smoking-related premature deaths among African Americans; and 3. 1.5 million life-years lost among African Americans (Mendez & Le, 2021) (the full article and an accompanying editorial are also attached.) Time is of the essence. We can't wait on the State or the FDA. New York City must act now! Thank you for your leadership. With gratitude, Camille Cummings Camille Cummings, Project Coordinator African American Tobacco Control Leadership Council Phone: 888.881.6619 ext. 109 https://www.savingblacklives.org/ Warning: External Email Written Communications Item #8.2 - Cummings mailto:ccummings@a mplify.love mailto:MSalas@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.govmailto:CityClerk@chula vistaca.gov mailto:adrian@bartellkwiatk owski.commailto:aida.cuahutli@ gmail.com mailto:dr.yerger@ gmail.commailto:cmcgruder @usa.net mailto:gmoney.gardiner @gmail.commailto:ccummings@a mplify.love https:// www.savingblacklives.org/ 2022/09/13 City Council Post Agenda Page 658 of 809 1MendezD, Le TTT. Tob Control 2021;0:1–3. doi:10.1136/tobaccocontrol-2021-056748 Consequences of a match made in hell: the harm caused by menthol smoking to the African American population over 1980–2018 David Mendez, Thuy T T Le Brief report To cite: Mendez D, Le TTT. Tob Control Epub ahead of print: [please include Day Month Year]. doi:10.1136/ tobaccocontrol-2021-056748 Additional supplemental material is published online only. To view, please visit the journal online (http:// dx. doi. org/ 10. 1136/ tobaccocontrol- 2021- 056748). Health Management and Policy, University of Michigan, Ann Arbor, Michigan, USA Correspondence to Dr Thuy T T Le, Department of Health Management and Policy, University of Michigan School of Public Health, Ann Arbor 48109, MI, USA; thuyttle@umich. edu Received 28 April 2021 Accepted 16 August 2021 http:// dx. doi. org/ 10. 1136/ tobaccocontrol- 2021- 056988 Author(s) (or their employer(s)) 2021. No commercial re- use. See rights and permissions. Published by BMJ. ABSTRACT Background For many years, national surveys have shown a consistently disproportionately high prevalence of menthol smokers among African Americans compared with the general population. However, to our knowledge, no prior study has quantified the harm that menthol smoking has caused on that population. In this work, we estimate the public health harm that menthol cigarettes have caused to the African American community over the last four decades. Methods Using National Health Interview Survey data, we employed a well- established simulation model to reproduce the observed smoking trajectory over 1980–2018 in the African American population. Then, we repeat the experiment, removing the effects of menthol on the smoking initiation and cessation rates over that period, obtaining a new hypothetical smoking trajectory. Finally, we compared both scenarios to calculate the public health harm attributable to menthol cigarettes over 1980–2018. Results Our results show that menthol cigarettes were responsible for 1.5 million new smokers, 157 000 smoking- related premature deaths and 1.5 million life- years lost among African Americans over 1980–2018. While African Americans constitute 12% of the total US population, these figures represent, respectively, a staggering 15%, 41% and 50% of the total menthol- related harm. Discussion Our results show that menthol cigarettes disproportionally harmed African Americans significantly over the last 38 years and are responsible for exacerbating health disparities among that population. Removing menthol cigarettes from the market would benefit the overall US population but, particularly, the African American community. BACKGROUND For over 60 years, tobacco companies have targeted menthol cigarettes to the African American commu- nity through aggressive marketing and promo- tion.1–3 It is well known that a disproportionately high number of African Americans smoke menthol cigarettes. According to the 2018 National Survey on Drug Use and Health, 85% of African American smokers used menthol versus 39% of those in the general population. This is not a recent phenom- enon. In 1980, for example, menthol prevalence among African American smokers was 66% vs 33% among the general population, according to the National Health Interview Survey (NHIS). Several articles4 have addressed the prospec- tive harm to the black community that could be avoided if menthol cigarettes were banned from the market; and while other studies3 5–9 have addressed the historical causes that have made menthol the preferred choice of cigarette products among African Americans, to our knowledge, no prior study has quantified the health harm that menthol smoking has already inflicted on that population. Following a recent study10 that calculated the health damage caused by menthol smoking on the entire US population over 1980–2018, the current work estimates the share of such harm borne by the African American community, and its disproportion compared with the total menthol toll in the USA. Our results may be helpful to the Food and Drug Administration as they continue evaluating the benefit of a menthol ban. METHODS We used the same simulation model and calibration process as in the Le- Mendez article10 with param- eters specific to the African American population. The model formulation, definition of model param- eters and how some parameters were calculated were thoroughly described in Le- Mendez’s work.10 The African American- specific parameters were taken from several data sources described below and summarised in online supplemental table A1. For our initial year (1980), we obtained the African American population by single year of age from the Centers for Disease Control and Prevention.11 For subsequent years, we got the African American birth cohorts from 1981 through 2018 from the National Vital Statistics Reports.12 13 The overall age- specific death rates for the African American population, updated every 5 years, were extracted from the 1980–2018 US Life Tables.14 We used relative risks of mortality specific to the African American population, derived from Cancer Prevention Study II (CPS- II data; Relative risks for African American current and former smokers were derived from CPS- II data and provided by Dr Michael Thun from the American Cancer Society for the 2011 Tobacco Products Scientific Advi- sory Committee (TPSAC) Menthol Report. Available in online supplemental table A5) to calculate the death rates by age for never, current and former smokers following the same procedure described in Le- Men- dez’s article.10 Smoking prevalence for current and former smokers and the proportion of menthol use among smokers in 1980 were estimated using NHIS data. We calculated the overall smoking cessation rates for African Americans by adjusting the general population’s overall smoking cessation rates presented in Le- Mendez’s work10 with the ratio of cessation copyright. on September 20, 2021 at 2022/09/13 City Council Post Agenda Page 659 of 809 2 Mendez D, Le TTT. Tob Control 2021;0:1–3. doi:10.1136/tobaccocontrol-2021-056748 Brief report rates between the African American and general populations (0.66) reported in ref 15. Then, using the menthol cessation multiplier for African Americans estimated by Mills et al16 (0.47, 95% CI 0.24 to 0.91) and the proportion of menthol smokers among current African American smokers, we applied the same process used in ref 10 to compute the cessation rates for African American non- menthol and menthol smokers. The specific formulation and cessa- tion values for 1980 are shown in the Supplement to ref 10 and online supplemental tables A2 and A3. The annual adult smoking initiation rates for African Amer- icans were computed by taking the average NHIS smoking prevalence among 18–24 year- olds, consistent with ref 10. The switching rates between menthol and non- menthol smokers were calculated as in the 2011 menthol report17 (2.29% switching to menthol and 1.08% to non- menthol cigarettes). An extensive sensitivity analysis (see online supplemental table A4) showed that these parameters exert little influence on the results. The ratio of yields from experimenter to smoker18 19 and menthol mortality multiplier for the African American population remains as in the Le- Mendez work,10 following their same arguments. As in ref 10, we first used NHIS smoking prevalence data over 1980–2018 (when the NHIS survey was conducted) to calibrate the model. Then, we used the calibrated model to replicate African Americans’ smoking prevalence trajectory during 1980–2018. Finally, to quantify the harmful effect of menthol use on the African American population, we repeated the previous step to generate an alternative smoking trajectory for African Americans during the same period, eliminating the effect of menthol since 1980. We achieved this by adjusting the smoking initiation and cessation rates to elimi- nate the effect of menthol on those parameters (see the Appendices to the 2011 TPSAC Menthol Report17 and the Le- Mendez paper10). Finally, we compared our results from both scenarios (with and without menthol cigarettes) to calculate the impact of menthol on smoking prevalence, life- years lost and smoking- related premature deaths. Additionally, we compared our results with those for the general population reported in Le- Mendez’s work10 and calculated the disproportionate harm inflicted on the African American popu- lation due to menthol. RESULTS The simulated smoking prevalence for African Americans closely captures the NHIS reported smoking prevalence over 1980–2018 with pseudo- R2=0.95 (pseudo- R2=1[Errors Sum of Squares]/[- Total Sum of Squares]) (see online supplemental figure A1 and A2). Table 1 shows the harm attributable to menthol cigarettes for the general population (from Le- Mendez’s work10), the African Amer- ican population and the hypothetical low- menthol African Amer- ican population. A complete sensitivity analysis on the values in table 1 is presented in online supplemental table A4. The values in the first three columns of the table are self- explanatory; the numbers within parentheses show the percent- ages that those values represent, relative to those for the general population. The last column shows the average proportion over 1980–2018) of the corresponding population referred to on each row, relative to the entire US population. For example, the table shows that, among African Americans, menthol was responsible for 1.5 million extra smokers, 157 000 smoking- related premature deaths and 1.5 million excess life- years lost during 1980–2018, representing 15%, 41% and 50% of the total menthol toll, respectively. However, during the same period, African Americans constituted only around 12% of the overall US population. The last row of the table shows a hypothetical African Amer- ican population that exhibits the same menthol smoking- related parameters as the general population. We simulated this scenario by setting the values of menthol- affected parameters for the African American population to those of the general popula- tion. In this hypothetical group, the estimated menthol smoking excess initiation, premature deaths and life- years lost would have represented 13%, 16% and 21% of the overall menthol harm, respectively; much more in agreement with the propor- tional (relative to the entire US) size of this population (12%). It is worth noting, though, that the menthol death toll in the low- menthol population is still above its proportional share. This is due to the mortality rates among African American smokers, which are higher than in the general population. DISCUSSION Since the 1960s, the tobacco industry has targeted the African American community for the consumption of menthol cigarettes through aggressive marketing, including intense advertising and price discounts. Simultaneously, the industry supported numerous African American organisations to gain the trust of the African American community. Several publications3 9 describe the marketing efforts by the tobacco industry to establish a special connection between menthol cigarettes and the African American community. In a fascinating article entitled ‘The African Americanization of menthol cigarette use in the United States’,3 Gardiner recounts the long history of, and explains the facts behind, the relationship between African Americans and menthol cigarettes, and how those products became an inte- gral part of the African American culture. In essence, the iden- tification of African American smokers with menthol has been purposely orchestrated by the tobacco industry following their goal of maximising their profits. Unfortunately, this marketing strategy turned out to be a huge success for the tobacco industry, but deadly for the black community. Besides creating a brand with which African Ameri- cans could identify and call their own, the industry exposed this population to a substance that amplifies the damaging effects of cigarette smoking. Menthol intensifies this harm by increasing the chances that individuals transition from experimentation to regular smoking,18 19 and by increasing dependency, which leads to delayed cessation.16 These effects increase the number of smokers and the amount of time they remain smoking. Table 1 Excess smoking initiation, smoking- related deaths and life- years lost due to menthol cigarettes over 1980–2018 for the adult general, African American and hypothetical low- menthol African American population Cumulative excess smoking initiators (%)Cumulative excess deaths (%) Cumulative excess life- years lost (%) Average percentage of population (%) General population 10 137 808 (100)377 528 (100)2 951 533 (100)100 African American population 1 508 913 (15)156 471 (41)1 476 198 (50)12 Hypothetical low- menthol African American population 1 286 848 (13)61 132 (16)606 840 (21)12 copyright. on September 20, 2021 at 2022/09/13 City Council Post Agenda Page 660 of 809 3MendezD, Le TTT. Tob Control 2021;0:1–3. doi:10.1136/tobaccocontrol-2021-056748 Brief report The negative impact of menthol cigarettes on the public’s health is significant, as Le and Mendez described in ref 10. For African Amer- ican smokers, though, the harm wrought by menthol smoking is much higher than that for the rest of the population. Despite having a similar overall smoking prevalence as the general population,20 it is well known that African Americans suffer, proportionally or disproportionately, more serious smoking- attributable health conse- quences.21 Main probable causes for this phenomenon are the high overall mortality rates due to economic and social conditions and the high prevalence of menthol among African American smokers, which causes them to be more addicted and quit less. In fact, our results show that menthol was responsible for 157 000 smoking- related deaths among African Americans during 1980–2018, over two and a half times their proportional share of menthol deaths compared with the general population. And, what is even more depressing, 50% of all the life- years lost to menthol smoking during 1980–2018 occurred among African Americans. Additionally, our results (shown in online supplemental figure A1) also indicate that, without menthol, smoking prevalence among African Americans in 2018 would have been 8.3%, instead of the NHIS reported 14.9% a 44% reduction). We note that our results may be considered conservative, since we do not take into account the future harm that menthol smoking over 1980–2018 will cause to the African American population. Considering that cigarette smoking is the number one cause of preventable deaths in the USA, menthol in cigarettes is an important factor in creating and exacerbating health disparities in this country. Removing menthol cigarettes from the market will save thousands of African American lives per year and help reduce health disparities at a time when inequalities among minority and socioeconomically disadvantaged groups are increasingly salient. What this paper adds Menthol cigarettes have been disproportionately used among African Americans. Menthol cigarettes exacerbate health inequalities for the African American community. Removing menthol can have the double effects of saving lives and reducing inequalities. Acknowledgements The authors would like to thank the University of Michigan Data Analysis and Dissemination Core led by Dr. Jihyoun Jeon for providing us some data for this work. Contributors DM and TTTL conceptualised the project. TTTL calibrated the model and conducted all the analysis. DM supervised the work. Both authors contributed to the writing of the manuscript. Funding The research reported in this publication was supported by the National Cancer Institute of the National Institutes of Health and Food and Drug Administration Centre for Tobacco Products (award number U54CA229974). Competing interests None declared. Patient consent for publication Not required. Provenance and peer review Not commissioned; externally peer reviewed. ORCID iD Thuy T T Le http:// orcid. org/ 0000- 0002- 3106- 4045 REFERENCES 1 Food and Drug Administration. Preliminary scientific evaluation of the possible public health effects of menthol versus nonmenthol cigarettes. Food and Drug Administration, 2013. 2 Davis RM, Gilpin EA, Loken B. The role of the media in promoting and reducing tobacco use. USA, 2008. 3 Gardiner PS. The African Americanization of menthol cigarette use in the United States. Nicotine Tob Res 2004;6 Suppl 1:55–65. 4 Levy DT, Pearson JL, Villanti AC, et al. Modeling the future effects of a menthol ban on smoking prevalence and smoking- attributable deaths in the United States. Am J Public Health 2011;101:1236–40. 5 Anderson SJ. Marketing of menthol cigarettes and consumer perceptions: a review of tobacco industry documents. Tob Control 2011;20 Suppl 2:ii20–8. 6 Sutton CD, Robinson RG. The marketing of menthol cigarettes in the United States: populations, messages, and channels. Nicotine Tob Res 2004;6 Suppl 1:83–91. 7 Delnevo CD, Ganz O, Goodwin RD. Banning menthol cigarettes: a social justice issue long overdue. Oxford University Press US, 2020. 8 Cadham CJ, Sanchez- Romero LM, Fleischer NL, et al. The actual and anticipated effects of a menthol cigarette ban: a scoping review. BMC Public Health 2020;20:1–17. 9 Robert N. Proctor, golden holocaust: origins of the cigarette catastrophe and the case for abolition, 2012. 10 Le TTT, Mendez D. An estimation of the harm of menthol cigarettes in the United States from 1980 to 2018. Tob Control 2021. doi:10.1136/ tobaccocontrol-2020-056256. [Epub ahead of print: 25 Feb 2021]. 11 Population by age groups, race, and sex for 1960-97. centers for disease control and prevention. 12 Martin JA, Hamilton BE, Osterman MJ. Births: final data for 2015, 2017. 13 ed..Martin J, Hamilton B, Osterman M. Births: final data for 2018. In: National vital statistics reports. Services DoHaH, 2019. 14 Arias E, Xu J. United States life tables: 2017, 2019. 15 Babb S, Malarcher A, Schauer G, et al. Quitting Smoking Among Adults - United States, 2000-2015. MMWR Morb Mortal Wkly Rep 2017;65:1457–64. 16 Mills SD, Hao Y, Ribisl KM, et al. The relationship between menthol cigarette use, smoking cessation, and relapse: findings from waves 1 to 4 of the population assessment of tobacco and health study. Nicotine Tob Res 2021;23:966–75. 17 Mendez D. Results from a Population Dynamics Model of the Consequences of Menthol Cigarettes for Smoking Prevalence and Disease Risks. Appendix A, 2011. Available: http://www fda gov/downloads/AdvisoryCommittees/ CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/ UCM247689 pdf 18 Nonnemaker J, Hersey J, Homsi G, et al. Initiation with menthol cigarettes and youth smoking uptake. Addiction 2013;108:171–8. 19 Nonnemaker J, Feirman SP, MacMonegle A, et al. Examining the role of menthol cigarettes in progression to established smoking among youth. Addict Behav 2019;98:106045. 20 Cornelius ME, Wang TW, Jamal A, et al. Tobacco Product Use Among Adults - United States, 2019. MMWR Morb Mortal Wkly Rep 2020;69:1736–42. 21 U.S. Department of Health and Human Services. Tobacco use among U.S. racial/ ethnic minority Groups—African Americans, American Indians and Alaska natives, Asian Americans and Pacific Islanders, and Hispanics: a report of the surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Office on Smoking and Health, 1998, 1998. copyright. on September 20, 2021 at 2022/09/13 City Council Post Agenda Page 661 of 809 1YergerV. Tob Control Month 2021 Vol 0 No 0 What more evidence is needed? Remove menthol cigarettes from the marketplace—now Valerie Yerger 1,2 Tobacco remains the leading cause of preventable death and disease in the USA and many other countries. However, among all racial and ethnic groups in the USA, African Americans bear the greatest burden from tobacco- related morbidity and mortality.1 Every year, 45 000 African Americans prematurely and unnecessarily die from tobacco- caused diseases. An esti- mated 85% of them smoked menthol cigarettes.2 Menthol’s sensory properties reinforce smoking, increase uptake of nicotine and toxic smoke components, and discourage cessation. Menthol’s cooling, anaesthetic and analgesic effects ease initiation among new smokers by masking the harshness and irritation of tobacco smoke, reducing pain sensations in the mouth and throat, and enabling deeper inhalation that facili- tates greater exposure to nicotine.3 On 3 March 2009, Representative Henry Waxman and 124 congressional cosponsors introduced H.R. 1256—the Family Smoking Prevention and Tobacco Control Act.’4 Representative Waxman’s Committee Report expressed concerns about the disproportionate use of menthol cigarettes among African Americans, the targeted marketing of menthol cigarettes in black communities, and the higher rates of lung cancer among African Amer- ican smokers compared with non- African American smokers, urging the Secretary of Health and Human Services to move quickly to address the unique public health issues posed by menthol cigarettes. Yet, although most other characterising flavours in cigarettes were prohibited in 2009 under the final version of the Family Smoking Prevention and Tobacco Control Act, menthol was inexplicably excluded.5 It has been estimated that hundreds of thousands of African Americans and other menthol smokers are destined to die prematurely if the exemption of menthol is allowed to continue.6 The disproportionate toll of menthol ciga- rettes among African Americans compared with the general population is a social injus- tice. The black community has long been subjected to the predatory marketing of mentholated tobacco products, particularly in lower income areas, where there are not only more advertisements, but more promo- tions and cheaper prices for menthol ciga- rettes when compared with more affluent neighbourhoods.7 Tobacco companies also heavily rely on their cooptation of commu- nity leaders to defuse tobacco control efforts.8 Black- led organisations with finan- cial ties to the tobacco industry have played a critical role in disseminating misinforma- tion throughout the black community. Such misinformation, for example, includes the idea that local policies prohibiting the sale of mentholated tobacco products are racist and will increase the criminalisation of individ- uals who possess or smoke them, exploiting legitimate concerns about racist policing to defend the tobacco industry’s targeted preda- tion on the black community.9 10 Authors Mendez and Le, in their article Consequences of a match made in hell: the harm caused by menthol smoking to the African American population over 1980–2018,’11 show why none of us can remain silent and complicit. This paper should serve as a kick upside the head for those who are in a position to remove these deadly products from the market- place. Until this paper, no prior study has fully quantified the health harm inflicted on African Americans by menthol ciga- rettes. Yet, for at least three decades, African American tobacco control activists have been out there resisting the perva- sive presence of the tobacco industry and their deadly products in black communi- ties,12–15 including filing a lawsuit to get the Center for Tobacco Products of the US Food and Drug Administration (FDA) to act on menthol.16 Now the evidence is irrefutable: menthol cigarettes are killing our people at a rate unmatched by any other assaults on our community. Though constituting only 12% of the total US population, African Amer- icans bear an alarming amount of the total menthol- related harm: 41% of the smoking- related premature deaths and 50% of the life- years lost. This anal- ysis demonstrates the contribution of menthol cigarettes toward the annihila- tion of a people already under siege by a racist society and its myriad of inequities, governmental policies and political domi- nation.17 18 Institutionalised racism, its long historical impact, and the associated, yet unresolved, intergenerational trauma experienced by black people in America have made them vulnerable to the clever marketing and predatory dumping of mentholated tobacco products in their communities. For decades, the tobacco industry has exploited social and economic inequities to foster the uptake and use of menthol cigarettes, and create brand loyalty among African Americans. Tobacco companies strategically targeted menthol cigarettes to low- income African Americans, blanketing inner city communities with marketing, free samples, and music promotions,19 and thereby contributing to the tobacco- related health disparities observed today, as Mendez and Le have now confirmed. We can no longer ignore the intersecting, overlapping and distinctive systems of oppression that shape ‘being black in America’ and how menthol cigarettes contribute to sustained and widening health disparities.20 This paper is compelling on its own merit; however, read in tandem with the authors’ previous paper,21 one can fully appreciate the significant role menthol cigarettes have played in addicting millions of young people to nicotine and in the deaths of thousands due to tobacco. As the authors emphasise, mentholated cigarettes have a ‘significant detrimental impact on the public’s health and could continue to pose a substantial health risk.’ More than a decade after the FDA was given authority to regulate tobacco products, long after other flavours favoured by white children were banned from most tobacco products, and long after the first of several scientific reports found menthol cigarettes to pose a public health risk above that seen with non- menthol cigarettes,22–24 the FDA still has not acted. The black community has been abandoned at the federal level, leaving activ- ists to seek local and state policy changes. So, the question for me is: Given the mountains of evidence, will anything push the federal government to consider social justice and act on its commitment to finally ban menthol cigarettes and all flavoured cigars?25 26 The recent highly publicised killings of black men and women, including George Floyd, Ahmaud Arbery, Breonna Taylor and many others, brought to the forefront 1Social and Behavioral Sciences, University of California San Francisco, San Francisco, California, USA 2African American Tobacco Control Leadership Council, San Francisco, California, USA Correspondence to Dr Valerie Yerger, Social and Behavioral Sciences, University of California San Francisco, San Francisco, California 94143-0612, USA; Valerie. Yerger@ucsf. edu Editorial copyright. on September 20, 2021 at 2022/09/13 City Council Post Agenda Page 662 of 809 2 Yerger V. Tob Control Month 2021 Vol 0 No 0 Editorial of our nation’s conscience how pervasively racism permeates everyday life. Whether one is on the receiving or perpetuating end of racist behaviours or if one benefits from or is negatively impacted by racist policies, we all recently watched how quickly the world mobilised to support the Black Lives Matter movement. Are we in a moment to leverage this movement? If menthol cigarettes are allowed to stay in the marketplace, the lives of African Americans and others remain at increased risk. Conversely, removing these terrible products will benefit not only the black community but also other racial and ethnic groups, the lesbian, gay, bisexual and trans- gender community, youth and those with behavioural health issues, since these groups also disproportionately smoke mentho- lated cigarettes over non- mentholated ciga- rettes.27–30 I ask that others stand with us to repair a wrong done to the black community, as we stand with you. There is simply no ethi- cally acceptable reason to allow the tobacco industry to continue using a flavouring that makes it easier to start smoking and harder to quit. Whether we work at the federal, state or local level, we are empowered in our collec- tive work to protect our communities from our number one killer, a corporate industry of federally adjudicated racketeers.31 This paper provides us with added ammunition to get that vital work done. It is long past time for the FDA to get inoculated against what- ever the hell is keeping it from getting these deadly products out of the marketplace. Contributors As the sole author, VY, I made substantial contributions to the conception and design of the work. I drafted the work and revised it critically for important intellectual content. As the sole author, I provided final approval of the version published and am accountable for all aspects of the work in ensuring that questions related to the accuracy or integrity of the work are appropriately investigated and resolved. Funding The authors have not declared a specific grant for this research from any funding agency in the public, commercial or not- for- profit sectors. Competing interests None declared. Patient consent for publication Not applicable. Provenance and peer review Commissioned; internally peer reviewed. Author(s) (or their employer(s)) 2021. No commercial re- use. See rights and permissions. Published by BMJ. To cite Yerger V. Tob Control Epub ahead of print: please include Day Month Year]. doi:10.1136/ tobaccocontrol-2021-056988 http:// dx. doi. org/ 10. 1136/ tobaccocontrol- 2021- 056748 Tob Control 2021;0:1–2. doi:10.1136/tobaccocontrol-2021-056988 ORCID iD Valerie Yerger http:// orcid. org/ 0000- 0003- 2469- 402X REFERENCES 1 Centers for Disease Control and Prevention, Tobacco use among U.S. racial/ ethnic minority groups. A report of the surgeon General. Washington, DC, 1998. https:// www. cdc. gov/ tobacco/ data_ statistics/ sgr/ 1998/ complete_ report/ 2 Villanti AC, Mowery PD, Delnevo CD, et al. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control 2016;25:ii14–20. 3 Kreslake JM, Wayne GF, Alpert HR, et al. Tobacco industry control of menthol in cigarettes and targeting of adolescents and young adults. Am J Public Health 2008;98:1685–92. 4 Family Smoking Prevention and Tobacco Control Act P.L. 111e31, 2009. Available: https://www. govinfo. gov/ content/ pkg/ PLAW- 111publ31/ pdf/ PLAW- 111publ31. pdf 5 Family Smoking Prevention and Tobacco Control Act 21, 2009. Available: https://www. fda. gov/ tobacco- products/ rules- regulations- and- guidance/ family- smoking- prevention- and- tobacco- control- act- overview#:~: text= To% 20protect% 20the% 20public% 20and, and% 20marketing% 20of% 20tobacco% 20products. [Accessed 22 Jun 2009]. 6 Levy DT, Pearson JL, Villanti AC, et al. Modeling the future effects of a menthol ban on smoking prevalence and smoking- attributable deaths in the United States. Am J Public Health 2011;101:1236–40. 7 Henriksen L, Schleicher NC, Dauphinee AL, et al. Targeted advertising, promotion, and price for menthol cigarettes in California high school neighborhoods. Nicotine Tob Res 2012;14:116–21. 8 Yerger VB, Malone RE. African American leadership groups: smoking with the enemy. Tob Control 2002;11:336–45. 9 Tulloss KW. Community leaders come together against racism and discrimination protesting senate bill 793. Available: https:// lasentinel. net/ community- leaders- come- together- against- racism- and- discrimination- protesting- senate- bill- 793. html [Accessed 20 Aug 2020]. 10 Brown SM. Conference expresses opposition to proposed Maryland menthol ban. Washington Informer Newspaper. Available: https://www. washingtoninformer. com/ baltimore- black- baptist- ministers- conference- expresses- opposition- to- proposed- maryland- menthol- ban/ [Accessed 11 Feb 2021]. 11 Mendez D, TT Le. Consequences of a match made in hell: the harm caused by menthol smoking to the African American population over 1980–2018. Tob Control 2021. doi:10.1136/%20 tobaccocontrol-2021-056748 12 African American Tobacco Control Leadership Council. What’s menthol got to do with it? Everything! (Still): the plight of African Americans and mentholated tobacco products. Washington, D.C: International Press Briefing, National Press Club, 2019. https:// youtu. be/ 7wT9Lbn8nmk 13 Sixfootah the Poet. What menthol cigarettes have taken from me. San Francisco Bayview national black newspaper. Available: https:// sfbayview. com/ 2020/ 04/ what- menthol- cigarettes- have- taken- from- me/ Accessed 05 Apr 2020]. 14 RJ Reynolds new "uptown" targets Blacks, 1990. Advocacy Institute. Available: https://www. industrydocuments. ucsf. edu/ docs/ mkvw0005 Accessed 04 Sep 2021]. 15 Sutton CD, Robinson RG. The marketing of menthol cigarettes in the United States: populations, messages, and channels. Nicotine Tob Res 2004;6 Suppl 1:83–91. 16 African American Tobacco Control Leadership Council v. US Department of Health and Human Services, Case No. 4:20- cv-4012- KAW (N.D. Cal.), 2021. Available: https://www. publichealthlawcenter. org/ sites/ default/ files/ AATCLC- v- FDA- Defs- Second- Motion- to- Dismiss. pdf 17 Alexander M. The new Jim Crow: mass incarceration in the age of colorblindness. New York, NY: The New Press, 2012. 18 Dawes D. The political determinants of health. Baltimore, MD: Johns Hopkins University, 2020. 19 Yerger VB, Przewoznik J, Malone RE. Racialized geography, corporate activity, and health disparities: tobacco industry targeting of inner cities. J Health Care Poor Underserved 2007;18:10–38. 20 Kong AY, Golden SD, Berger MT. An intersectional approach to the menthol cigarette problem: what’s race(ism) got to do with it? Crit Public Health 2019;29:616–23. 21 Le TT, Mendez D. An estimation of the harm of menthol cigarettes in the United States from 1980 to 2018. Tob Control 2021. doi:10.1136/ tobaccocontrol-2020-056256. [Epub ahead of print: 25 Feb 2021]. 22 Tobacco Products ScientificAdvisory Committee, US Food and Drug Administration. Menthol cigarettes and public health: review of the scientific evidence and recommendations, 2011. Available: https:// wayback. archive- it. org/ 7993/ 20170405201731/ https:// www. fda. gov/ downloads/ AdvisoryCommittees/ Committe esMeetingMaterials/ TobaccoProductsScientificAdv isoryCommittee/ UCM269697. pdf [Accessed 04 Sep 2021]. 23 US Food and Drug Administration. Preliminary scientific evaluation of the possible public health effects of menthol versus nonmenthol cigarettes. Silver Spring, MD: Center for Tobacco Products, Food and Drug Administration, 2013. 24 Tobacco Control Legal Consortium et al. Citizen Petition to the US Food and Drug Administration, Prohibit menthol as a characterizing flavor in cigarettes, 2013. Available: https://www. publiche althlawcenter. org/ sites/ default/ files/ resources/ tclc- fdacitizenpetition- menthol- 2013. pdf 25 FDA commits to evidence- based actions aimed at saving lives and preventing future generations of smokers, 2021. Available: https://www. fda. gov/ news- events/ press- announcements/ fda- commits- evidence- based- actions- aimed- saving- lives- and- preventing- future- generations- smokers [Accessed 29 Apr 2021]. 26 Statement by HHS Secretary Xavier Becerra on FDA tobacco actions on menthol cigarettes and flavored cigars, 2021. Available: https://www. hhs. gov/ about/ news/ 2021/ 04/ 29/ statement- hhs- secretary- xavier- becerra- fda- tobacco- actions- menthol- cigarettes- flavored- cigars. html [Accessed 29 Apr 2021]. 27 Mukherjea A, Wackowski OA, Lee YO, et al. Asian American, Native Hawaiian and Pacific Islander tobacco use patterns. Am J Health Behav 2014;38:362–9. 28 Delnevo CD, Villanti AC, Giovino GA. Trends in menthol and non- menthol cigarette consumption in the U.S.A.: 2000-2011. Tob Control 2014;23:e154–5. 29 Fallin A, Goodin AJ, King BA. Menthol cigarette smoking among lesbian, gay, bisexual, and transgender adults. Am J Prev Med 2015;48:93–7. 30 Young- Wolff KC, Hickman NJ, Kim R, et al. Correlates and prevalence of menthol cigarette use among adults with serious mental illness. Nicotine Tob Res 2015;17:285–91. 31 Eubanks SY, Glantz SA. Bad acts: the racketeering case against the tobacco industry. Washington, DC: American Public Health Association, 2013. copyright. on September 20, 2021 at 2022/09/13 City Council Post Agenda Page 663 of 809 September 7, 2022 To:Mayor Mary Casillas Salas, Councilmember Steve Padilla, Councilmember Andrea Cardenas, Councilmember John McCann, and Councilmember Jill Galvez From:The African American Tobacco Control Leadership Council (AATCLC) Re: End the Sale of Menthol Cigarettes and all Other Flavored Tobacco Products in Chula Vista! No Exemptions: All Flavors, All Products at All Locations! The African American Tobacco Control Leadership Council (AATCLC) strongly encourages the Chula Vista City Council to end the sale of menthol Cigarettes and all flavored tobacco products, with no exemptions. We are glad to see that the Council is considering this issue. Frankly, this couldn’t come at a better time. We already know that 80% of youth, 12-17 start smoking using flavored cigarettes (Ambrose et al., 2015). Indeed, in the midst of the ongoing COVID 19 pandemic, nothing could be more important than getting these products out of our community. We already know that smokers are more susceptible to COVID infection CDC, 2020). If the Council truly wants a healthier Chula Vista, and we believe that you do, then it is imperative that menthol-flavored cigarettes and other flavored tobacco products be prohibited. This will end the predatory marketing of these products that disproportionately impact poorer communities, marginalized groups, youths, and communities of color. Menthol the Ultimate Candy Flavor; It Helps the Poison Go Down Easier! This is no minor matter.Menthol cigarettes and flavored tobacco products are driving tobacco-related deaths and diseases nationwide. While the use of non-flavored tobacco cigarettes has been decreasing, the use of menthol cigarettes is on the rise, among youth and adults; among Latinos, Blacks, and Whites (Villanti, 2016). Let’s be clear, the majority of women smokers smoke menthol cigarettes; folks from the LGBTQ community disproportionately smoke these products; 47% of Latino smokers prefer menthol cigarettes, with 62% of Puerto Rican smokers using menthol; nearly 80% of Native Hawaiians; a majority of Filipinos; and a majority of smokers with behavioral health issues smoke menthol cigarettes. Frankly, the most marginalized groups disproportionately use these so-called “minty” products (CDC, 2010; Fallin, 2015; Forbes, 2013; Delnevo, 2011; Hawaii State Dept. of Health, 2009; Euromonitor, 2008; Hickman, 2015). Be appraised that 85% of African American adults and 94% of Black youth who smoke are using menthol products (Giovino, 2013). These striking statistics arise from the predatory 1 Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 664 of 809 marketing of these products in the Black Community, where there are more advertisements, more lucrative promotions, and most disturbing menthol cigarettes are cheaper in the Black community compared to other communities (Henriksen et al., 2011; Seidenberg et al., 2010). These predacious practices for the past 50 years have led to Black folks dying disproportionately from heart attacks, lung cancer, strokes, and other tobacco-related diseases (RSG, 2014). Take note that new research shows that menthol cigarettes were responsible for 1.5 million new smokers, 157,000 smoking-related premature deaths, and 1.5 million life-years lost among African Americans from 1980–2018. While African Americans constitute 12% of the total US population, these figures represent, respectively, a staggering 15%, 41%, and 50% of the total menthol-related harm (Mendez & Le, 2021). The Council should be aware that menthol is an anesthetic by definition, and as if to add insult to injury, masks the harsh taste of tobacco and allows for deeper inhalation of toxins and greater amounts of nicotine. The greater the nicotine intake, the greater the addiction. Hence, it is no surprise menthol cigarette users find it harder to quit than non-menthol cigarette users (Ton et al., 2015; Levy et al., 2011). The “cool refreshing taste of menthol” heralded by the tobacco industry is just a guise; ultimately, menthol and all flavors allow the poisons in cigarettes and cigarillos “to go down easier!” Hookah: The Manipulation of Culture for Industry Profits! While we have all become aware of the meteoric rise of E-Cigarette use, especially among kids, another addictive product is growing in popularity: flavored shisha / Hookah. Let’s not be fooled: passing tobacco smoke through water does nothing to stop the user from inhaling all the toxins, nicotine, and cancer-causing chemicals associated with tobacco smoking. Let’s be clear, Hookah is just as deadly as cigarettes, if not more. Studies show that in a single hookah smoking session of 40 minutes, smokers consume 25 times the tar, 125 times the smoke 2.5 times the nicotine, and 10 times the carbon monoxide compared to smoking a cigarette (Primack et al., 2016). Moreover, both patrons and employees at Hookah lounges are exposed to elevated levels of 2nd hand smoke an already recognized cause of cancer (Zhou et al., 2016) Then there is the fiction that Hookah smoking is a 1000-year-old tradition in the Middle East. Look, tobacco only made its way to Europe some 500 years ago and only gradually made its way to the Middle East 3 to 4 hundred years ago. Make no mistake about it, it’s the Hookah Lounge owner’s manipulation of culture argument that is used to attract more business and profits.Flavored shisha like Blue Mist, Irish Kiss, and Sex on the Beach has nothing to do with Middle Eastern Culture. Once it was determined in the 1960s that smoking kills, Islamic Leaders deemed tobacco, Hookah, and Shisha Forbidden. At bottom, Hookah 2 Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 665 of 809 lounges with their nightclub atmosphere have nothing to do with Middle Eastern Culture, rather it’s all about the Benjamin’s! It’s not about getting rid of all hookahs or all tobacco products, it's about getting rid of all flavors, at all places, in all products, period. We Can’t Wait on the State or the FDA The AATCLC is calling upon the City Council of Chula Vista to join a growing number of cities, counties, and states around the country that are prohibiting, jurisdiction-wide, the sales of menthol cigarettes and all other flavored tobacco products. In June 2018, San Francisco voters passed the first-ever citywide restriction on the sales of all flavored tobacco products, including menthol cigarettes and flavored e-cigarette juices. This “strongest flavor ban law ever” was rapidly replicated in numerous cities in California and around the country, including Oakland, Alameda, Hayward, Fremont, Berkeley, and Sacramento, just to mention a few. Just recently, the County of Sacramento adopted its own menthol and flavor restrictions. Today over 72 municipalities prohibit the sale of all menthol tobacco products including flavored e-juices no-smoke.org/wp-content/uploads/pdf/flavored-tobacco-product-sales.pdf Indeed, in June of 2020, the State of Massachusetts became the first state to prohibit the sale of menthol cigarettes and all flavored tobacco products state-wide and in August of 2020 California followed suit and became the second state to do so.With the tobacco industry forcing a referendum of SB 793, now Prop 31, it becomes even more imperative that local jurisdictions take steps to protect their citizenry. We can’t wait on the State, let’s take steps to make Chula Vista healthier now! While it is important that the FDA finally began the rulemaking process in April of 2021 to remove menthol cigarettes and flavored little cigars from the marketplace, this process will take years. First, the proposed rule was only made public in April of 2022. And we have just come through a summer where the tobacco industry dragged out the comment period to August of this year. We already know that 100,000’s of comments have been sent to the FDA, the majority of them from the tobacco industry. Once the public comment is over, the “rule” is sent to the Office of Management and Budget (OMB), whose review could take a number of months. Once a final rule is made public and there is more public comment, the industry will sue to stop the process from going forward. And may sue for numerous reasons. The bottom line is that we can’t wait on the FDA. Cities like Chula Vista must take steps to protect the health of our citizens, lives are at stake. Who Are the Racists: The Tobacco Control Advocates or the Tobacco Industry? Some groups funded by the tobacco industry insist that removing menthol cigarettes and flavored little cigars would be taking away “our” cigarettes; we’d be discriminatory; racist. This line of argumentation stands history on its head. As was pointed out earlier, it was and is the tobacco industry that predatorily markets these products in the Black Community. The facts are 3 Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 666 of 809 these: there are more advertisements, more lucrative promotions, and most disturbing is that menthol cigarettes are cheaper in the Black Community compared to other communities Henriksen et al., 2011; Seidenberg et al., 2010). This is how these flavored death sticks became our” cigarettes, they pushed them down our throats! Still, other groups, spurred on and funded by the tobacco industry, have been spreading falsehoods, stating that restricting the sale of menthol cigarettes and flavored tobacco products, including flavored e-juices will lead to the “criminalization” of particularly young Black men. Nothing could be further from the truth. All ordinances adopted around the country would prohibit the sale of flavored products, it would not prohibit the possession of these products. The facts are that the adoption of menthol restrictions will not lead to police having any greater interaction with any youth; it won’t be illegal to possess these products, just retailers cannot sell them. These same groups rail about “unintended consequences.” We respond: Look at the Intended Consequences! As mentioned before, Black folks die disproportionately from tobacco-related diseases of heart disease, lung cancer, and stroke compared to other racial and ethnic groups. (RSG, 2014); menthol cigarettes and flavored little cigars are the agents of that destruction. It is estimated that 45,000 Black folks die each year from tobacco-related diseases RSG, 1998). In this regard, the Committee should remove all criminal penalties associated with the purchase, use, and possession of all tobacco products. Decriminalize tobacco! Hold retail owners responsible, not clerks, don’t punish kids! The AATCLC Formed in 2008, the African American Tobacco Control Leadership Council is composed of a cadre of dedicated community activists, academics, public health advocates, and researchers. Even though based in California, we are national in our scope and reach. We have partnered with community stakeholders, elected officials, and public health agencies, from Chicago, Boston, and Minneapolis to Berkeley and San Francisco. Our work has shaped the national discussion and direction of tobacco control policy, practices, and priorities, especially as they affect the lives of Black Americans, African immigrant populations, and ultimately all smokers. The AATCLC has been at the forefront in elevating the regulation of mentholated and other flavored tobacco products on the national tobacco control agenda, including testifying at the FDA hearings in 2010 and 2011 when the agency was first considering the removal of menthol cigarettes from the marketplace. In November of 2019 we testified on Capitol Hill in support of HR 2339 (The Pallone Bill), this bill would prohibit the manufacturing and sale of menthol and all flavored tobacco products throughout the United States. This Bill was passed in 4 Written Communications Item #8.2 - Cummings 2022/09/13 City Council Post Agenda Page 667 of 809 the House of Representatives in February of 2020 but went nowhere in the Senate. In June of 2020 the AATCLC along with its partner Action on Smoking and Health (ASH) filed a lawsuit against the FDA for dragging their feet by leaving menthol on the marketplace with overwhelming scientific evidence showing that it should be removed immediately. Subsequently and importantly the American Medical Association (AMA) and the National Medical Association (NMA) have joined the lawsuit as plaintiffs. Call to Action! Now is the time to adopt strong tobacco control measures that can protect our families. We already know that menthol and flavors “make the poison go down easier.” Let’s not now allow menthol to make COVID-19 go down easier too! The City Council needs to put the health of Chula Vista at the forefront of their thoughts, not the interests and profits of the tobacco industry, the vaping industry, and their surrogates. This is not the time for half-steps, like continuing to allow these products to be sold in adult-only venues, rather it is time to take a stand for the public’s health and say:No Selling of Menthol Cigarettes and All Other Flavored Tobacco Products, including Flavored E-Juices and Flavored Hookah in Chula Vista! Say “No”to the continued predatory marketing of menthol-flavored tobacco products to our youth and say “Yes”to the health and welfare of our kids, who are the most vulnerable. Say Yes” to the protection of all residents of Chula Vista. We are all counting on you! Sincerely, Phillip Gardiner, Dr. P.H. Co-Chair AATCLC www.savingblacklives.org Carol McGruder, Co-Chair AATCLC Valerie Yerger, N.D., Co-Chair AATCLC 5 Written Communications Item #8.2 - Cummings http:// www.savingblacklive s.org 2022/09/13 City Council Post Agenda Page 668 of 809 Good morning, Attached is a letter from the American Heart Association of Greater San Diego regarding the upcoming flavored tobacco ordinance being heard next Tuesday (Agenda Item 8.2). This ordinance is a critical step to protecting Chula Vista’s children, Communities of Color, and LGBTQ+ Community from nicotine addiction and tobacco-related disease and death. We urge you to support this ordinance. Thank you, Chelsea Walczak Vircks, MPH, CHES Senior Director, Community Impact American Heart Association 9404 Genesee Ave, Suite 240 San Diego, CA 92037 O: 858.410.3848 Pronouns: she/her/hers Emergencies don’t stop for COVID-19. Call 9-1-1 at the first sign of heart attack, stroke, or cardiac arrest to save lives. Written Communications Item #8.2 - Walczak Vircks https:// www.my pronoun s.org/ she-her https://www.heart.org/en/about-us/heart- attack-and-stroke-symptoms https:// www.hea rt.org/ heartorg 2022/09/13 City Council Post Agenda Page 669 of 809 September 8, 2022 Chula Vista City Council Chula Vista City Hall 8130 Allison Avenue, La Mesa, CA 91942 Dear Mayor Salas and City Council Members, The American Heart Association is deeply concerned with the high rates of tobacco use among kids and adults driven by fruit, mint, and candy-flavored tobacco products. Ending the sale of flavored tobacco gives Chula Vista the opportunity to protect all residents including kids, communities of color, andthe LGBTQ+ community from the direeffects of tobacco use and nicotine addiction. Therefore, weurge you to end the sale of all flavored tobacco products, without exemptions. With nearly 24 percent of high school studentsnow reporting tobacco use, the need for a strong policy ending the sale of flavored tobacco is clear. The tobacco industry is actively and aggressively working to addict new users with easy access to minty, sweet and candy-flavored tobacco products. All flavored tobacco products, including e-cigarettes, menthol cigarettes, and cigars come in kid-friendly flavors and are highly addicting. Cigarette smoking is still the leading cause of preventable disease anddeath in the United States, claiming on average 480,000 lives each year. Smoking increases the risk for heart disease and stroke and the risk for blood clots. The best way to prevent tobacco-related illness and death is to prevent people fromstarting to smoke in the first place. Ending the sale of flavored tobacco products will reduce access to the products that are the tobacco industry’s key strategy for targeting and addicting new smokers. Although Senate Bill 793 passed with bipartisan support and a signature from the Governor in 2020, tobacco companies spent more than $20 million to place thelaw on hold until the next statewide general election. Chula Vista kids can’t wait to be protected - local action will protect the community now and address the urgent issue of youth tobacco use. Every day we delay is a day that Big Tobacco will use mint, fruit, and candy-flavored tobacco to addict more life-long customers. Over 120 communities across California protect their residents from nicotine addiction and tobacco-related death and disease by prohibiting the sale of flavored tobacco products. Chula Vista kids deserve these same protections. Thank you. Sincerely, Juli Moran, MBA Chair, Board of Directors Greater San Diego Division, American Heart Association Greater San Diego Division 9404 Genesee Avenue Suite 240 San Diego, CA 92037 Board of Directors 2022-2023 Chair of the Board Juli Moran Thirtle, MBA Deloitte President of the Board Ramón Hernandez, DrPH, MPH UC San Diego Immediate Past-Chair Yameeka J. Williams, FACHE Kaiser Permanente Immediate Past-President Robert Stein, MD, FACC, FAHA Graybill Medical Group Directors-at-Large Debbie Day, MBA Nancy Greengold, MD, MBA Natalie Hawryluk, PhD Andrew Ho, MD, FACC Steven Hooker, PhD Tommy Le, MHA Joe Lo Duca, MBA, MPH Gene Ma, MD, FACEP Linda Naviaux Niggli Ajay Srivastava, MD Ernesto Villanueva, EdD Matthew Zubiller David Zumaya, MS Executive Director Jessica Newmyer Written Communications Item #8.2 - Walczak Vircks 2022/09/13 City Council Post Agenda Page 670 of 809 From: Rima Khoury < Sent: Monday, September 12, 2022 10:29 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Chula Vista Flavored Tobacco Ban Agenda # 8.2 - Hookah Exemption Dear Mayor and City Councilmembers, My name is Rima S. Khoury and I am General Counsel for Fumari, a premium hookah tobacco manufacturer located in San Diego City and one of the founding members of the National Hookah Community Association which was established to protect and preserve the cultural tradition of hookah. https://www.nationalhookah.com/ Thank you for exempting the nearly thousand year cultural tradition of hookah at in the City of Chula Vista. Please see presentation link below for your consideration. https://docs.google.com/presentation/d/1SvmoLKgKKm81TDzBv0P3cQdDovhJj5srvHis2JpzccA/present? usp=sharing There is no teen hookah epidemic. The FDA and CDC reports have made it clear that hookah is not the problem with youth. According to the CDC 2021 survey, current hookah use among high school students is less than 1% at 0.8%, and this number has been going down over the last decade. The FDA recently stated in their Guidance for the Industry dated April 2020 that although data shows that flavored tobacco entice youth, that such data does NOT appear to raise comparably urgent public health concerns with youth usage of hookah products because the lower prevalence of youth use of these products suggests that they do NOT appear to be as appealing to youth at this time. Emphasis added. See page 30 in attached. If the goal is to protect kids, this would not be achieved by banning hookah as kids are not using hookah according to these reliable sources. If hookah is banned, there will be a disproportionate impact on Middle Eastern, Persian, Turkish, Indian, Armenian, and North African minority communities and minority owned businesses who are still struggling due to COVID-19. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm#:~:text= In%202021%2C%20about%201%20of%20every%20100%20middle%20school%20students,in%20the%20 past%2030%20days.&text=In%202021%2C%20nearly%202%20of,in%20the%20past%2030%20days. Warning: External Email Written Communications Item 8.2 - Khoury - Received 9/12/2022 mailto:rima@fu mari.com mailto:CityClerk@chula vistaca.gov https:// gcc02.safelinks.protection.outl ook.com/?url=https%3A%2F %2Flinkprotect.cudasvc.com %2Furl%3Fa%3Dhttps%253a %252f% 252fwww.nationalhookah.com %252f%26c%3DE%2C1% 2CF_ATqMfAtmPTeWZSYde guWVvFtk-ekpEe- sqN7L3XvA6Wk1aEtj0whzZn nwfqmoveRNSDxKi4p9X- AQWRI7CGPGPYn2vSIG3kQ RJ11BkxyE8vJs47zQz% 26typo%3D1&data=04% 7C01%7Cdhoward% 40redwoodcity.org% 7C5ac1c6f923a44a15de7f08d 9afa31c41% 7C02eee40d6a354d7588035 403096cc23e%7C0%7C0% 7C637733939034357300% 7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiM C4wLjAwMDAiLCJQIjoiV2luM zIiLCJBTiI6Ik1haWwiLCJXVC I6Mn0%3D% 7C1000&sdata=CHeaGpAu1p RQFfHz9b% 2B6LCCj8QZ9CK3r% 2FTyEdMc5pJA% 3D&reserved=0 https://docs.google.com/presentation/ d/1SvmoLKgKKm81TDzBv0P3cQdDovhJj5srvHis2JpzccA/present?usp=sharinghttps:// docs.goog le.com/ presentati on/ d/1SvmoL KgKKm81 TDzBv0P3 cQdDovhJ j5srvHis2J pzccA/ present? usp=shari ng https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/ index.htm#:~:text=In%202021%2C%20about%201%20of%20every%20100%20middle% 20school%20students,in%20the%20past%2030%20days.&text=In%202021%2C% 20nearly%202%20of,in%20the%20past%2030%20days https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/ index.htm#:~:text=In%202021%2C%20about%201%20of%20every%20100%20middle% 20school%20students,in%20the%20past%2030%20days.&text=In%202021%2C% 20nearly%202%20of,in%20the%20past%2030%20days https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/ index.htm#:~:text=In%202021%2C%20about%201%20of%20every%20100% 20middle%20school%20students,in%20the%20past%2030%20days.&text=In% 202021%2C%20nearly%202%20of,in%20the%20past%2030%20days 2022/09/13 City Council Post Agenda Page 671 of 809 Hookahs are not being confiscated in schools. Hookahs are 3 feet tall and cannot be easily concealed in your pocket or backpack like vape. Hookahs take 25 – 30 minutes to set up and need hot coals, therefore it cannot be smoked during recess in the bathroom at school. Hookah’s cost over $200 for all the ten parts and accessories, making it out of reach for most kids. Hookah is not the problem. Yet hookah has become collateral damage in the war against vape. Hookah is not vape. Hookah has been practiced for nearly a thousand years by Persians, Arabs, Armenians, Turks, Indians, North Africans, and other minority groups many of which have immigrated to America and still practice their cultural traditions. Hookah is the center piece of social gatherings and is often offered to guests as a sign of hospitality and respect. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 672 of 809 Many immigrant small business owners have built their business doing what they know from their home country. Often times they work 20 hour days, seven days a week to support multiple generations of their family. Banning hookah has crippled these immigrant small business owners who are already struggling due to COVID-19. Thank you for proposing a reasonable regulation that addresses youth usage and access to flavored vape. Many of these business owners that have been operating legally for years are happy to work with law makers to address youth access issues verses losing their livelihood as hookah lounges and retailer owners often have several years remaining on their leases and have personally guaranteed their leases. If hookah were banned they would not only lose their business, but their homes and no longer be able to support their family and extended family. A tobacco flavor ban is a ban on hookah because it only comes in flavors. Even hundreds of years ago hookah was made with molasses and honey which is still the case today. The federal government is doing a lot to address youth access and usage of flavored tobacco products. At the end of 2019 the federal government passed a 21 and over minimum for tobacco products across all fifty states, called Tobacco-21. In addition, in February 2020 the FDA passed an e- cigg ban on flavored e-cartridges. September 9, 2020 was the FDA deadline for all vape and hookah products to be accepted for FDA review through PMTA or SE applications, after which any products without FDA authorization will be unlawfully on the market and their products seized and injunctions restricting sales will be issued along with fines and penalties. Currently, FDA has issued approximately six million refusals or Marketing Denial Orders for these applications. Furthermore, the FDA announced that they will be banning menthol and flavored cigars. The federal government is addressing the youth access issue and also providing legislation across the board, eliminating the patchwork of laws from city to city and closing loop holes for bad actors to skirt the law. Moreover, Hookah has been exempted from the California State flavored tobacco ban, SB793, because of its cultural significance and that it is fundamentally different from vape. Please see attached video of Senator Hill, author of the bill, explaining why hookah was exempted from SB793 at the Senate Appropriations hearing on June 25th, 2020. Senator Hill learned the difference between vape and hookah and understood that hookah was not the problem and took steps to exempt it due to its cultural significance. SB793, which, as amended and revised, prohibits the sale of all flavored tobacco products and flavored tobacco product enhancers, exempting hookah tobacco, cigars with a wholesale price of $12.00 or more, loose leaf pipe tobacco was signed by Governor Gavin Newsom on August 28, 2020. SB793 was referendized and is on the November 2022 general election ballot as Prop 31. Please see the hookah exemption language from SB793 below: c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met: 1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code. 2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time. 3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 673 of 809 4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code. SB793 balances the interests of law makers by addressing youth access and usage of flavored tobacco products, while protecting the cultural tradition of hookah. The SB793 hookah exemption limits sales to 21 and over establishments, meaning you have to be 21 and over to enter a retail establishment or lounge in order to purchase hookah and requires these establishments to comply with local and state laws. This shows that law makers can reach their regulatory goals without creating unintended consequences like eliminating the rich cultural tradition of hookah. We thank the City of Chula Vista for proposing a flavor ban that exempts hookah just as the State of Massachusetts and soon California, Denver, CO; and the following California Cities: Los Angeles City, San Jose, Elk Grove, Walnut Creek, West Hollywood, Burbank, Glendale, Irvine, Long Beach, Encinitas, San Diego City and County, El Cajon, Ventura, Pleasant Hill, Redwood City and Culver City have done. Please feel free to contact me with any questions or to discuss further. https://www.youtube.com/watch?v=9qlUH3hmvUc The Culture of Hookah | An Exploration of History and Tradition RIMA KHOURY, ESQ. GENERAL COUNSEL 619) 331-3535 EXT. 723 FUMARI INC. The information in this email is confidential. It is intended only for the use of the individuals or entities named above. You are hereby notified that if you are not the intended recipient, or employee or agent responsible for delivering it to the intended recipient, any use, dissemination, distribution or copying of the information in this email is strictly prohibited. If you receive this email in error, please notify us immediately by telephone and delete the original. Thank you. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https:// gcc02.safelinks.protection.outlook.com/? url=https%3A%2F%2Fwww.youtube.com% 2Fwatch%3Fv% 3D9qlUH3hmvUc&data=04%7C01% 7Cdhoward%40redwoodcity.org% 7C5ac1c6f923a44a15de7f08d9afa31c41% 7C02eee40d6a354d7588035403096cc23e %7C0%7C0%7C637733939034367254% 7CUnknown% 7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMD AiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJX VCI6Mn0%3D% 7C1000&sdata=DzsLMEIboNEsd8koAu4rR VbPb9qs6eKp9u5%2BPCnakY4% 3D&reserved=0 http:// www.fumari.c om/ 2022/09/13 City Council Post Agenda Page 674 of 809 SB 793 Hookah Exemption Senator Hill Video: https://cvapps.chulavistaca.gov/WebLink/Browse.aspx?id=246066&dbid=0&repo=CityClerk&dbid=0&re po=CityClerk&mediaid=246214 2022/09/13 City Council Post Agenda Page 675 of 809 Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization (Revised)* This is a revision to the first edition of this guidance, which issued in January 2020. Guidance for Industry Comments may be submitted at any time for Agency consideration. Electronic comments may be submitted to https://www.regulations.gov. Alternatively, submit written comments to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. All comments should be identified with docket number FDA-2019-D-0661. For questions regarding this guidance, contact the Center for Tobacco Products at (Tel) 1-877- CTP-1373 (1-877-287-1373) Monday-Friday, 9 a.m. – 4 p.m. ET. Additional copies are available online at https://www.fda.gov/tobacco-products/products- guidance-regulations/rules-regulations-and-guidance. You may send an e-mail request to SmallBiz.Tobacco@fda.hhs.gov to receive an electronic copy of this guidance. You may send a request for hard copies to U.S. Food and Drug Administration, Center for Tobacco Products, Attn: Office of Small Business Assistance, Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-2000. U.S. Department of Health and Human Services Food and Drug Administration Center for Tobacco Products April 2020 Written Communications Item 8.2 - Khoury - Received 9/12/2022 https:// www.regulations.gov/ mailto:SmallBiz.Tobacco@fd a.hhs.gov https://www.fda.gov/tobacco-products/ products-guidance-regulations/rules- regulations-and-guidance https://www.fda.gov/tobacco-products/ products-guidance-regulations/rules- regulations-and-guidance 2022/09/13 City Council Post Agenda Page 676 of 809 Contains Nonbinding Recommendations i Table of Contents I. INTRODUCTION............................................................................................................. 2 II. BACKGROUND ............................................................................................................... 3 A. Statutory and Regulatory History ................................................................................................ 3 B. FDA Response to Evidence of Increasing Youth Use of ENDS Products ................................. 6 III. DEFINITIONS .................................................................................................................. 9 IV. ENFORCEMENT PRIORITIES REGARDING CERTAIN ENDS PRODUCTS ON THE MARKET WITHOUT PREMARKET AUTHORIZATION .................... 10 A. Overview ........................................................................................................................................ 10 B. Data Show Substantial Increase in Youth Use of ENDS Products, Particularly Certain Flavored, Cartridge-Based ENDS Products .............................................................................. 11 C. Additional Relevant Considerations .......................................................................................... 17 D. Enforcement Priorities for ENDS Products ............................................................................... 18 1. Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol- flavored product) ....................................................................................................... 19 2. All other ENDS products without adequate measures to prevent minors’ access .... 21 3. Any ENDS product that is targeted to minors or whose marketing is likely to promote use of ENDS by minors .............................................................................. 24 4. Any ENDS product that is offered for sale in the United States after September 9, 2020 ..................................................................................................... 27 E. Avoiding a “Black Market” ........................................................................................................ 28 V. PREMARKET REVIEW FOR OTHER DEEMED NEW TOBACCO PRODUCTS .................................................................................................................... 29 APPENDIX A – SIGNIFICANT COMMENTS RECEIVED IN RESPONSE TO MARCH 2019 DRAFT GUIDANCE AND FDA RESPONSES ..............................................30 Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 677 of 809 Contains Nonbinding Recommendations 2 Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization (Revised) Guidance for Industry1 1 This guidance was prepared by the Office of Compliance and Enforcement, Office of Health Communication and Education, Office of Regulations, and Office of Science in the Center for Tobacco Products at FDA. This guidance represents the current thinking of the Food and Drug Administration (FDA or Agency) on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. To discuss an alternative approach, contact the FDA staff responsible for this guidance as listed on the title page. I. INTRODUCTION This guidance document describes how we intend to prioritize our enforcement resources with regard to the marketing of certain deemed tobacco products that do not have premarket authorization.2 2 As with FDA’s prior compliance policies on deemed new tobacco products that do not have premarket authorization, this guidance document does not apply to any deemed product that was not on the market on August 8, 2016. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 678 of 809 Contains Nonbinding Recommendations 3 For ENDS products marketed without FDA authorization, FDA intends to prioritize enforcement against: Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product); All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and Any ENDS product that is targeted to minors or whose marketing is likely to promote use of ENDS by minors.3 3 For purposes of this Final Guidance, FDA’s use of the term “minor” refers to individuals under the age of 21. This is consistent with the Further Consolidated Appropriations Act, 2020 (H.R. 1865), signed into law on December 20, 2019, which included a provision amending section 906(d) of the Federal Food, Drug, and Cosmetic Act to increase the federal minimum age to purchase tobacco products from 18 to 21, and adding a provision that it is unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age. In addition, FDA is working to update our regulations within 180 days, consistent with the timeline set forth in the law. Further, FDA intends to prioritize enforcement of any ENDS product that is offered for sale after September 9, 2020, and for which the manufacturer has not submitted a premarket application or after a negative action by FDA on a timely submitted application). This guidance does not in any way alter the fact that it is illegal to market any new tobacco product without premarket authorization. FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data, and it will continue to do so with respect to these products. FDA will take appropriate action regarding tobacco products that are marketed without premarket authorization, including as warranted based on changed circumstances, new information, or to better address minors’ use of those products. FDA’s guidance documents, including this guidance, do not establish legally enforceable responsibilities. Instead, guidances describe the Agency’s current thinking on a topic and should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited. The use of the word should in Agency guidances means that something is suggested or recommended, but not required. II. BACKGROUND A. Statutory and Regulatory History The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Public Law 111-31) granted FDA the authority to regulate the manufacture, marketing, and distribution of cigarettes, cigarette tobacco, roll-your-own (RYO) tobacco, and smokeless tobacco products to protect the public health and to reduce tobacco use by minors. The Tobacco Control Act also gave FDA the authority to issue regulations deeming other products that meet the statutory definition of a tobacco product4 4 21 U.S.C 321(rr) (section 201(rr) of the FD&C Act). to be subject to chapter IX of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 387 through 387u) section 901(b) of the FD&C Act). Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 679 of 809 Contains Nonbinding Recommendations 4 In accordance with that authority, on May 10, 2016, FDA issued a final rule deeming all products that meet the statutory definition of a tobacco product, except accessories of deemed tobacco products, to be subject to FDA’s tobacco product authority. This included electronic nicotine delivery systems (ENDS), cigars, waterpipe (hookah) tobacco, pipe tobacco, nicotine gels, and dissolvables that were not already subject to the FD&C Act (81 FR 28974 at 28976 (May 10, 2016)). The requirements in Chapter IX of the FD&C Act now apply to deemed products. Particularly relevant to this guidance is section 910, which imposes certain premarket-review requirements for “new tobacco products”—i.e., those that were not commercially marketed in the United States as of February 15, 2007. Accordingly, after the rule’s effective date, deemed new tobacco products were required to obtain premarket authorization under Section 910. Deemed new tobacco products that remain on the market without marketing authorization are marketed unlawfully in contravention of the Tobacco Control Act. Through the premarket review process, FDA conducts a science-based evaluation to determine whether a new tobacco product meets the applicable statutory standard for marketing authorization—for example, whether the product is appropriate for the protection of public health with respect to the risks and benefits to the population as a whole, including users and nonusers, and taking into account, among other things, the likelihood that those who do not use tobacco products will start using them. The preamble to the May 10, 2016, final deeming rule explained that FDA intended to defer enforcement for failure to have premarket authorization during two compliance periods related to premarket review: one for submission and FDA receipt of applications and one for obtaining premarket authorization. The first compliance period depended on the type of application. The compliance date was 12 months from the effective date of the rule for substantial equivalence exemption requests (EX REQs), 18 months for substantial equivalence reports (SE Reports), and 24 months for premarket tobacco applications PMTAs). In addition, the preamble explained that under the second compliance period: Unless FDA has issued an order denying or refusing to accept the submission, products for which timely premarket submissions have been submitted will be subject to a continued compliance period for 12 months after the initial compliance period described previously. For such products, FDA does not intend to initiate enforcement for failure to have premarket authorization during this continued compliance period.5 5 81 FR at 29011. The preamble further explained that this compliance policy did not apply to any new tobacco product that was not on the market on August 8, 2016. Significantly, this policy did not confer lawful marketing status on new tobacco products being marketed without the necessary premarket authorization. In May 2017, FDA published a guidance document, Three-Month Extension of Certain Tobacco Product Compliance Deadlines Related to the Final Deeming Rule, under which the Agency, as Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 680 of 809 Contains Nonbinding Recommendations 5 a matter of enforcement discretion, stated its intention to defer enforcement for an additional three months for all future compliance dates for requirements under the final deeming rule. In July 2017, FDA announced a new comprehensive plan for tobacco and nicotine regulation that would serve as a multi-year roadmap in an effort to significantly reduce tobacco-related disease and death. Prior to this announcement, nationally representative data suggested that youth use of e-cigarettes had declined beginning in 2016.6 6 Jamal, A., A. Gentzke, S.S. Hu, et al., “Tobacco Use Among Middle and High School Students — United States, 2011–2016,” Morbidity and Mortality Weekly Report, 66:597–603, 2017, available at: https://www.cdc.gov/mmwr/volumes/66/wr/mm6623a1.htm. The comprehensive plan was announced in part to afford the Agency time to explore clear and meaningful measures to make combustible tobacco products less toxic, less appealing, and less addictive. One aspect of the plan involved striking a balance between regulation and encouraging development of innovative tobacco products that may be less harmful than cigarettes. The Agency announced that it planned to issue an updated compliance policy further deferring some enforcement timelines described in the final deeming rule. In accordance with this comprehensive plan, in August 2017, FDA announced an extension of the period during which it did not intend to initiate enforcement action for premarket review requirements under the final deeming rule (“August 2017 Compliance Policy”) for deemed tobacco products that were on the market on August 8, 2016. This revised policy stated that, for these products, FDA did not intend to initiate enforcement regarding submitting EX REQs, SE Reports, and PMTAs for newly regulated combusted tobacco products (such as most cigars) until August 8, 2021, and FDA did not intend to initiate enforcement regarding EX REQs, SE Reports, and PMTAs for newly regulated noncombusted tobacco products (such as most ENDS products) until August 8, 2022. In addition, FDA revised the compliance policy relating to the period after FDA receipt of EX REQs, SE Reports, and PMTAs for deemed tobacco products that were on the market on August 8, 2016. FDA stated that, under this policy, it intended to continue deferring enforcement until the Agency rendered a decision on an application (i.e., issuance of: a Marketing Order; a No Marketing Order; a Refuse to File; or a Refuse to Accept) or the application was withdrawn. In March 2018, the August 2017 Compliance Policy was challenged in the U.S. District Court for the District of Maryland, and on May 15, 2019, the court issued an order that vacated the guidance.7 7 American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., 379 F. Supp. 3d 461, 496 (D. Md. 2019). On July 12, 2019, the court issued a further order directing FDA to require that premarket authorization applications for all new—i.e., not “grandfathered”8 8 A “grandfathered” product is one that was on the market as of February 15, 2007. Guidance, Establishing That a Tobacco Product Was Commercially Marketed in the United States as of February 15, 2007, dated September 2014, available at: https://www.fda.gov/media/123544/download. deemed tobacco products be submitted to the Agency within 10 months, by May 12, 2020, and providing for a one-year period during which products with timely filed applications might remain on the market Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/media/123544/ download https://www.cdc.gov/mmwr/volumes/66/wr/ mm6623a1.htm 2022/09/13 City Council Post Agenda Page 681 of 809 Contains Nonbinding Recommendations 6 pending FDA review.9 9 American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., No. 8:18-cv-883 (PWG), 2019 WL 3067492, at *7 (D. Md. July 12, 2019) (Dkt. No. 127). The court has granted intervention to vapor industry trade associations for purposes of appealing the court’s decision and remedies order. See American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., No. 8:18-cv-883 (PWG), Dkt. No. 154 (Oct. 2, 2019). An appeal is pending. See American Academy of Pediatrics v. Cigar Ass’n of America, Nos. 19-2130, -2132, -2198, - 2242 (4th Cir.). The court subsequently clarified that its order did not restrict FDA’s authority to enforce the premarket review provisions against deemed products, or categories of deemed products, prior to the submission date or during the one-year review period.10 10 American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., Case No. 8:18-cv-883 (PWG), D. Md. Aug. 12, 2019), Dkt. No. 132. On April 22, 2020, the court granted a motion for a 120-day extension (until September 9, 2020) in light of the global outbreak of respiratory illness caused by a new coronavirus.11 11 American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., Case No. 8:18-cv-883 (PWG), D. Md. Apr. 22, 2020), Dkt. No. 182. As required by the court’s order, deemed new tobacco products on the market as of August 8, 2016, for which premarket authorization applications are not filed by September 9, 2020, are subject to FDA enforcement actions, in the Agency’s discretion.12 12 American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., No. 8:18-cv-883 (PWG), 2019 WL 3067492, at *7 (D. Md. July 12, 2019) (Dkt. No. 127). B. FDA Response to Evidence of Increasing Youth Use of ENDS Products In late 2017, FDA started to see a marked increase in complaints about ENDS products. FDA initiated an investigation of these complaints, the majority of which pertained to minors’ access to and use of these products. This new information indicated an alarming increase in the use of ENDS products by middle and high school students. In April 2018, FDA conducted a nationwide undercover enforcement effort that resulted in FDA issuing 56 warning letters to online retailers and 6 civil money penalty (CMP) complaints to retail establishments related to the illegal sales of certain ENDS products to minors. In addition, FDA sent an official request for information to manufacturers of certain ENDS products commonly used by minors requiring them to submit documents to facilitate the Agency’s understanding of the reported high rates of youth use and the particular youth appeal of these products. FDA also took measures to address the sale of ENDS products to minors online by contacting eBay to raise concerns over several listings on its website. This resulted in listings for these ENDS products being removed from eBay. In May 2018, FDA issued 17 warning letters to manufacturers, distributors, and retailers for selling e-liquids with labeling and/or advertising that resemble kid-friendly food products, such as juice boxes, candy, or cookies. The warning letters stated that failure to correct violations may result in FDA initiating further action such as seizure or injunctive relief. Of these warning letters, 13 were issued as part of a joint action with the Federal Trade Commission (FTC). On September 12, 2018, FDA announced a series of enforcement and other regulatory actions related to the labeling and advertising of ENDS products, including that it had conducted Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 682 of 809 Contains Nonbinding Recommendations 7 nationwide, undercover investigations of brick-and-mortar and online stores over the summer of 2018 and issued more than 1,300 warning letters and CMP complaints to retailers who illegally sold ENDS products to minors. FDA also issued 12 warning letters to online retailers that were selling misleadingly labeled and/or advertised e-liquids resembling kid-friendly food products such as candy and cookies. In addition, on September 12, 2018, FDA issued letters to five ENDS product manufacturers, requesting each company to submit a plan describing how it would address minors’ access to and use of its products. In response to the September 12th letters to industry, manufacturers described safeguards that they could implement to help to restrict minors’ access to ENDS products sold at brick and mortar retailers and online. Examples of potential safeguards included: Establishing or enhancing programs, such as mystery shopper programs, to monitor retailer compliance with age-verification and sales restrictions; Establishing and enforcing contractual penalties for contracted retailers that sell tobacco products to youth; Using age-verification technology to better restrict access to the manufacturer’s website, such as through independent, third-party age- and identity-verification services that compare customer information against third-party data sources; and Limiting the quantity of ENDS products that a customer may purchase within a given period of time. In conjunction with issuing the September 2018 letters, FDA announced in September 2018 that the Agency was considering whether, in light of current information, it would be appropriate to revisit the August 2017 Compliance Policy, which could result in withdrawing or revising the policy with respect to certain flavored products that may be contributing to the rise in youth use and having firms “remove some or all of [these] products . . . until they receive premarket authorization and otherwise meet all of their obligations under the law.”13 13 FDA takes new steps to address epidemic of youth e-cigarette use, including a historic action against more than 1,300 retailers and 5 major manufacturers for their roles perpetuating youth access (Sept. 11, 2018), available at: https://www.fda.gov/news-events/press-announcements/fda-takes-new-steps-address-epidemic-youth-e-cigarette- use-including-historic-action-against-more. Following the September 12th letters and announcement, FDA repeatedly publicly discussed14 14 See, e.g., Statement from FDA Commissioner Scott Gottlieb, M.D., on proposed new steps to protect youth by preventing access to flavored tobacco products and banning menthol in cigarettes, available at: https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm625884.htm; Scudder, L., “Vaping and E- Cigarettes in Kids: An Unprecedented Epidemic,” Medscape, January 28, 2019, available at: https://www.medscape.com/viewarticle/908077?faf=1. the fact that these compliance timelines were under reconsideration and solicited the view of stakeholders— including manufacturers, retail associations, and public interest organizations.15 15 See, e.g., FDA Public Calendar – Meeting With FDA Officials, available at: https://www.fda.gov/news- events/fda-meetings-conferences-and-workshops/public-calendar-meetings-fda-officials (noting meetings held on October 11, 16, 18, 29 and 30 of 2018; November 13, 2018; and December 19, 2018); February 6, 2019 Letters sent Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/news-events/press-announcements/fda-takes-new-steps-address- epidemic-youth-e-cigarette-use-including-historic-action-against-morehttps://www.fda.gov/news- events/press-announcements/ fda-takes-new-steps-address- epidemic-youth-e-cigarette-use- including-historic-action-against- more https://www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm625884.htmhttps://www.medscape.com/ viewarticle/908077?faf=1 https://www.fda.gov/news- events/fda-meetings- conferences-and- workshops/public-calendar- meetings-fda-officials https://www.fda.gov/news-events/fda-meetings-conferences-and- workshops/public-calendar-meetings-fda-officials 2022/09/13 City Council Post Agenda Page 683 of 809 Contains Nonbinding Recommendations 8 Since the effective date of the Deeming Rule in August 2016, FDA has issued more than 10,000 warning letters and more than 1,400 CMP complaints to retailers for the sale of ENDS products to minors. Specifically, from April 2018 through August 2019, FDA issued over 6,000 warning letters and more than 1,000 CMP complaints to retailers for the sale of ENDS products to minors. Since May 2018, FDA has also issued over 40 warning letters to manufacturers, distributors, and retailers for selling e-liquids with false or misleading labeling and/or advertising that resemble kid-friendly products. In June 2019, the Agency issued joint FDA/FTC warning letters to four e-liquid manufacturers for violations related to online posts by social media influencers on the companies’ behalf. In September 2019, FDA issued a warning letter to an ENDS manufacturer for marketing unauthorized modified risk tobacco products, including in outreach to youth.16 16 For more information, please see https://www.fda.gov/news-events/press-announcements/fda-warns-juul-labs- marketing-unauthorized-modified-risk-tobacco-products-including-outreach-youth. FDA will continue to use all available tools to prevent youth use of all tobacco products, including ENDS products. In 2018, FDA continued to receive information underscoring the problem of youth use of ENDS products. Current e-cigarette use had increased considerably among U.S. middle and high school students during 2017–2018, reversing a decline in e-cigarette use that had been observed in recent years and increasing overall tobacco product use in 2018. Specifically, among high school students, current e-cigarette use had increased by 78 percent in the past year (from 11.7 percent in 2017 to 20.8 percent in 2018, p<0.001), while among middle school students, current e-cigarette use had increased by 48 percent (from 3.3 percent in 2017 to 4.9 percent in 2018, p = 0.001).17 17 Cullen, K.A., B.K. Ambrose, A.S. Gentzke, et al., “Notes from the Field: Increase in e-cigarette use and any tobacco product use among middle and high school students – United States, 2011-2018,” Morbidity and Mortality Weekly Report, 67(45);1276-1277, 2018. Frequent use among high school students (defined as use on 20 of the past 30 days) also had increased, from 20.0 percent in 2017 to 27.7 percent in 2018 (p = 0.008).18 18 Id. Data from this study, as well as the concerns described above, prompted FDA to issue a draft guidance, Modifications to Compliance Policy for Certain Deemed Tobacco Products” (“March 2019 Draft Guidance”), regarding the continued marketing of deemed tobacco products that have not obtained premarket authorization, and to call on industry to do more to keep their products out of the hands of minors. In 2019, two of the largest surveys of tobacco use among youth found that e-cigarette use has hit the highest levels ever recorded. As detailed in Section IV below, data from both the National Youth Tobacco Survey (NYTS) and the Monitoring the Future (MTF) Study have documented a continued increase in youth use of ENDS products and further underscored the magnitude of the problem. These data, information conveyed to FDA in comments to the March 2019 Draft Guidance, and concern about health and safety issues connected to these products—e.g., the to JUUL Labs, Inc. and Altria Group Inc., requesting meetings to discuss concerns related youth addiction to tobacco products, available at: https://www.fda.gov/tobacco-products/rules-regulations-and-guidance/ctp-letters- industry. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/tobacco-products/rules-regulations-and- guidance/ctp-letters-industryhttps:// www.f da.gov / tobacc o- produc ts/ rules- regulat ions- and- guidan ce/ctp- letters- industr y https://www.fda.gov/news-events/press-announcements/fda- warns-juul-labs-marketing-unauthorized-modified-risk- tobacco-products-including-outreach-youth https://www.fda.gov/news-events/press-announcements/fda- warns-juul-labs-marketing-unauthorized-modified-risk-tobacco- products-including-outreach-youth 2022/09/13 City Council Post Agenda Page 684 of 809 Contains Nonbinding Recommendations 9 harmful effects of nicotine on adolescent brain development, as well as battery explosions with ENDS products—continue to inform FDA’s serious public health concerns regarding the sale of these products without premarket authorization. Repeated exposure to nicotine during adolescence induces long-lasting changes in brain regions involved in addiction, attention, learning, and memory. Furthermore, as of December 17, 2019, there have been approximately 2,506 reported cases of hospitalizations for lung injuries associated with use of vaping products (“hospitalized EVALI patients”), including 54 confirmed deaths.19 19 See Centers for Disease Control and Prevention, “Outbreak of Lung Injury Associated with E-cigarette Use, or Vaping,” available at https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe-lung-disease.html#latest- outbreak-information. Working closely with other federal and state agencies, FDA has not been able to determine the cause of this outbreak. It appears that most of the patients impacted by these illnesses reported using THC-containing products, with evidence suggesting that additive agents, specifically Vitamin E, may play a causative role. In many of the cases, individuals reported using multiple products, including some with nicotine. Many different substances and product sources are still under investigation. Although this guidance does not address products that are not tobacco products, the outbreak of lung injuries associated with use of vaping products illustrates public health and safety concerns that may arise for products for which information related to product safety and health impact are lacking and affirms the importance of the premarket review process, as contemplated by the Tobacco Control Act, to scientifically evaluate products based on a public health standard. Accordingly, FDA is issuing this Final Guidance to communicate its enforcement priorities with respect to ENDS products. FDA’s decision to exercise its enforcement authorities with respect to particular products will be determined on a case-by-case basis, informed by the enforcement priorities described in this Final Guidance and any other relevant factors.20 20 See Heckler v. Chaney, 470 U.S. 821, 835 (1985) (providing that the FD&C Act’s enforcement provisions commit broad discretion to the Secretary to decide how and when they should be exercised). III. DEFINITIONS For purposes of this guidance, FDA intends to use the following definitions: Cartridge-based ENDS products are a type of ENDS product that consists of, includes, or involves a cartridge or pod that holds liquid that is to be aerosolized through product use. For purposes of this definition, a cartridge or pod is any small, enclosed unit (sealed or unsealed) designed to fit within or operate as part of an electronic nicotine delivery system.21 21 An example of products that would not be captured by this definition include completely self-contained, disposable products. Electronic nicotine delivery systems (or ENDS) include devices, components, and/or parts that deliver aerosolized e-liquid when inhaled. For example, FDA considers vapes or vape pens, personal vaporizers, e-cigarettes, cigalikes, e-pens, e-hookahs, e-cigars, and e-pipes to be ENDS. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe- lung-disease.html#latest-outbreak-informationhttps:// www.cdc.gov/ tobacco/ basic_informatio n/e-cigarettes/ severe-lung- disease.html#lat est-outbreak- information 2022/09/13 City Council Post Agenda Page 685 of 809 Contains Nonbinding Recommendations 10 E-liquids are a type of ENDS product and generally refer to liquid nicotine and nicotine- containing e-liquids (i.e., liquid nicotine combined with colorings, flavorings, and/or other ingredients). Liquids that do not contain nicotine or other material made or derived from tobacco, but that are intended or reasonably expected to be used with or for the human consumption of a tobacco product, may be components or parts and, therefore, subject to FDA’s tobacco control authorities. Label means a display of written, printed, or graphic matter upon the immediate container of any article. Section 201(k) of the FD&C Act. Labeling means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. Section 201(m) of the FD&C Act. New tobacco product means (1) any tobacco product (including those products in test markets) that was not commercially marketed in the United States as of February 15, 2007; or (2) any modification (including a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery or form of nicotine, or any other additive or ingredient) of a tobacco product where the modified product was commercially marketed in the United States after February 15, 2007. Section 910(a) of the FD&C Act. Tobacco product means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product). The term “tobacco product” does not mean an article that under the FD&C Act is a drug (section 201(g)(1) (21 U.S.C 321(g)(1))), a device (section 201(h)), or a combination product (section 503(g) (21 U.S.C 353(g))). Section 201(rr) of the FD&C Act. IV. ENFORCEMENT PRIORITIES REGARDING CERTAIN ENDS PRODUCTS ON THE MARKET WITHOUT PREMARKET AUTHORIZATION A. Overview The Tobacco Control Act provides that new tobacco products (i.e., non-grandfathered products) may not legally be marketed without premarket authorization. Accordingly, all deemed new tobacco products on the market without authorization are illegally marketed products. Beginning February 6, 2020, FDA intends to prioritize enforcement of the premarket review requirements for certain ENDS products, including against retailers selling such products. Specifically, FDA intends to prioritize enforcement against: 1) Flavored, cartridge-based ENDS products (except for tobacco- or menthol-flavored products); 2) All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 686 of 809 Contains Nonbinding Recommendations 11 3)Any ENDS products targeted to, or whose marketing is likely to promote use by, minors. In addition, FDA intends to prioritize enforcement of any ENDS product that is offered for sale in the United States after September 9, 2020, and for which the manufacturer has not submitted a premarket application (or after a negative action by FDA on a timely submitted application).22 22 We note that FDA would be enforcing the priorities discussed in Section IV of this guidance regardless of the court’s decision in the AAP case. As discussed in this Final Guidance, FDA is implementing this policy to address the alarming increase in youth use of ENDS products as well as other recent health and safety issues regarding such products. FDA will make enforcement decisions on a case-by-case basis, recognizing that it is unable, as a practical matter, to take enforcement action against every illegally marketed tobacco product, and that it needs to make the best use of Agency resources. This guidance does not in any way alter the fact that it is illegal to market any new tobacco product without premarket authorization, or to sell any tobacco product to minors. The Agency also retains discretion to pursue enforcement action at any time against any deemed new tobacco product marketed without premarket authorization, regardless of whether it falls within one of these categories of enforcement priorities. B. Data Show Substantial Increase in Youth Use of ENDS Products, Particularly Certain Flavored, Cartridge-Based ENDS Products At the time FDA issued the August 2017 Compliance Policy to announce changes in its approach to enforcement regarding premarket authorization (as described in the preamble to the final deeming rule), data from the 2016 NYTS showed a decrease in prevalence of current e-cigarette use (i.e., past 30-day use) among high school students, from 16 percent in 2015 to 11.3 percent in 2016.23 23 Jamal, A., A. Gentzke, S.S. Hu, et al., “Tobacco Use Among Middle and High School Students — United States, 2011–2016,” Morbidity and Mortality Weekly Report, 66:597–603, 2017, available at: https://www.cdc.gov/mmwr/volumes/66/wr/mm6623a1.htm. Results from the 2017 NYTS later confirmed that in regards to youth use there was no statistically significant rise at the time, with data suggesting that high school student use had leveled off between 2016 (11.3 percent)24 24 Id. and 2017 (11.7 percent).25 25 Wang, T.W., A. Gentzke, S. Sharapova, et al., “Tobacco Product Use Among Middle and High School Students – United States, 2011-2017,” Morbidity and Mortality Weekly Report, 67:629-633, 2018, available at: http://dx.doi.org/10.15585/mmwr.mm6722a3. However, multiple survey results over the past several years demonstrate that there is significant initiation by youth. The recent surge in youth use of ENDS products has caused us to reevaluate our July 2017 assessment and to modify our enforcement priorities for ENDS products. Recent data show an alarming increase in youth use of ENDS products in the past two years. They also show youth are more likely to use certain flavored, cartridge-based ENDS products. Written Communications Item 8.2 - Khoury - Received 9/12/2022 http://dx.doi.org/10.15585/ mmwr.mm6722a3 https://www.cdc.gov/mmwr/volumes/66/wr/ mm6623a1.htm 2022/09/13 City Council Post Agenda Page 687 of 809 Contains Nonbinding Recommendations 12 Overall, data showed that ENDS product use more than doubled among middle school and high school students from 2017 to 2019.26 26 Miech R, L. Johnston, P.M. O’Malley, et al., “Trends in adolescent vaping, 2017–2019,” New England Journal of Medicine, 381:1490-1491, 2019; DOI:10.1056/NEJMc1910739. Data from MTF showed that from 2017 to 2018, current past 30-day) e-cigarette use significantly increased from 6.6 percent to 10.4 percent among 8th graders (a 58 percent increase), 13.1 percent to 21.7 percent among 10th graders (a 66 percent increase), and 16.6 percent to 26.7 percent among 12th graders (a 61 percent increase).27 27 Miech, R. A., Johnston, L. D., O’Malley, P. M., et al., “Monitoring the Future national survey results on drug use, 1975–2018: Volume I, Secondary school students,” Ann Arbor: Institute for Social Research, The University of Michigan (2019), available at http://monitoringthefuture.org/pubs.html#monographs. For each age group, the increase from 2017 to 2018 was statistically significant (p<.001). This trend continued in the 2019 MTF data. The number of students who had used ENDS products during the previous 12 months and those who had ever used ENDS products significantly increased in 8th, 10th, and 12th grade from 2018 to 2019.28 28 Miech R, L. Johnston, P.M. O’Malley, et al., “Trends in adolescent vaping, 2017–2019,” New England Journal of Medicine; 381:1490-1491, 2019; DOI:10.1056/NEJMc1910739. Data from the NYTS for the same time period show that, between 2017 and 2018, current e-cigarette use among high school students increased from 11.7 percent to 20.8 percent (a 78 percent increase, p<0.001).29 29 Cullen, K.A., B.K. Ambrose, A.S. Gentzke, et al., “Notes from the Field: Increase in e-cigarette use and any tobacco product use among middle and high school students – United States, 2011-2018,” Morbidity and Mortality Weekly Report, 67(45);1276-1277, 2018. The NYTS defines e-cigarettes as “battery-powered devices that provide nicotine and other additives to the user in the form of an aerosol.” Current e-cigarette use among middle school students also increased from 3.3 percent to 4.9 percent over the same time period (a 48 percent increase, p=0.001), which we calculated as an increase of an estimated 180,000 middle school students reporting past 30-day e-cigarette use in one year.30 30 Id. The data from 2019 NYTS have also documented that this is the second year in a row where current (past 30-day) e-cigarette use reached new highs among youth.31 31 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. Several improvements were made to the NYTS in 2019, including switching from paper- and-pencil to electronic survey administration, adding skip patterns and example product images, and updating brand examples to reflect the current tobacco marketplace (e.g., adding JUUL), which may affect the comparability of tobacco product use behaviors, including e-cigarette use behaviors, with previous years. Although trend analyses, which use more data points and are not solely dependent on changes during a single year, may be conducted without major shifts in patterns or findings, the exact magnitude of the effect of these survey improvements in 2019 cannot be fully quantified. Thus, direct statistical comparisons between estimates of tobacco product use between 2018 and 2019 were not conducted. The prevalence of current e-cigarette use among high school students was 27.5 percent and middle school students was 10.5 percent.32 32 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. Among high school students, 4.11 million reported having used an e- cigarette in the past month in 2019 with 1.24 million middle school students reporting the same. For the first time ever, the total number of middle and high school students reporting current use of e-cigarettes surpassed 5 million in 2019.33 33 Id. Written Communications Item 8.2 - Khoury - Received 9/12/2022 http://monitoringthefuture.org/ pubs.html#monographs 2022/09/13 City Council Post Agenda Page 688 of 809 Contains Nonbinding Recommendations 13 Disturbingly, these data also indicate that a growing percentage of America’s youth who use e- cigarettes have become frequent e-cigarette users (defined as reporting use on 20 days or more of the prior 30-day period). An increasing number of youth are thus at greater risk of nicotine addiction at a time when the developing brain is particularly susceptible to permanent changes from nicotine use and when almost all nicotine addiction is established.34 34 Miech R., Johnston L, O’Malley PM, et al., “Adolescent vaping and nicotine use in 2017–2018 — U.S. National Estimates,” New England Journal of Medicine; 380:192-3, 2019. Data from the 2019 NYTS have documented continued frequent youth ENDS use.35 35 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. The proportion of current high school e-cigarette users who reported use on 20 days or more (of the prior 30-day period), and thus were frequent users, was 34.2 percent in 2019.36 36 Id. The proportion of current middle school e- cigarette users who reported use on 20 days or more (of the prior 30-day period) was 18.0 percent in 2019. This builds upon an increase in frequent ENDS use among youth who report using ENDS products observed in 2018. For example, data from the 2018 NYTS showed that the proportion of current high school e-cigarette users who reported use on 20 days or more (of the prior 30-day period) increased by 38.5 percent, from 20.0 percent in 2017 to 27.7 percent in 2018.37 37 Cullen, K.A., B.K. Ambrose, A.S. Gentzke, et al., “Notes from the Field: Increase in e-cigarette use and any tobacco product use among middle and high school students – United States, 2011-2018,” Morbidity and Mortality Weekly Report, 67(45);1276-1277, 2018. In a study that collected data from February to May 2018 and focused specifically on 15-to-17-year- old current users of JUUL products (the most commonly used brand, including among youth), 55.8 percent reported using such ENDS products on 3 or more of the previous 30 days, and over a quarter (25.3 percent) reported use on 10 to 30 days of the prior month.38 38 Vallone, D.M., M. Bennett, H. Xiao, et al., “Prevalence and correlates of JUUL use among a national sample of youth and young adults,” Tobacco Control,0:1-7, 2017, doi: 10.1136/tobaccocontrol-2018-05463. The concerns caused by the sharp increase in the number of youth using ENDS products are compounded by evidence indicating that youth whose first tobacco product is an ENDS product are at an increased risk of becoming cigarette smokers as compared to non-ENDS users. A 2018 report by the National Academy of Sciences, Engineering, and Medicine entitled “Public Health Consequences of E-Cigarettes,” which took into account multiple lines of evidence across different studies and study designs, concluded that “there is substantial evidence that e-cigarette use increases risk of ever using combustible tobacco cigarettes among youth and young adults.”39 39 National Academies of Sciences, Engineering, and Medicine, “Public health consequences of e-cigarette,”. Washington, DC: The National Academies Press, 2018, doi: https://doi.org/10.17226/24952. FDA is also concerned about the extraordinary popularity of flavored ENDS products with youth. Research has long shown that flavors increase youth appeal of tobacco products, Written Communications Item 8.2 - Khoury - Received 9/12/2022 https:// doi.org/10.17226/24952 2022/09/13 City Council Post Agenda Page 689 of 809 Contains Nonbinding Recommendations 14 including ENDS.40 40 E.g., Carpenter, C.M., et al., “New Cigarette Brands with Flavors that Appeal to Youth: Tobacco Marketing Strategies,” Health Affairs, 24(6):1601-1610, 2005; Pepper, J. K., K.M. Ribisl, N.T. Brewer, “Adolescents’ interest in trying flavoured ecigarettes,” Tobacco Control, 25:ii62-ii66, 2016; Camenga, D. R., M. Morean, G. Kong, et al., Appeal and use of customizable e-cigarette product features in adolescents,” Tobacco Regulatory Science, 4(2):51- 60, 2018; Harrell, M.B., S.R. Weaver, A. Loukas, et al., “Flavored e-cigarette use: characterizing youth, young adult, and adult users,” Preventive Medicine Reports, 5:33-40, 2017. Evidence continues to accumulate, further confirming that youth are particularly attracted to flavored ENDS products. Data from the 2018 NYTS showed that past 30-day use of any flavored e-cigarette increased from 2017 among high school students who reported current e-cigarette use (60.9 percent to 67.8 percent, p<0.05).41 41 Cullen, K.A., B.K. Ambrose, A.S. Gentzke, et al., “Notes from the Field: Increase in e-cigarette use and any tobacco product use among middle and high school students – United States, 2011-2018,” Morbidity and Mortality Weekly Report, 67(45);1276-1277, 2018. In the 2016-2017 Wave 4)42 42 Population Assessment of Tobacco and Health (PATH) Study [United States] Restricted Use Files (ICPSR 36231), available at: https://www.icpsr.umich.edu/icpsrweb/NAHDAP/studies/36231. Population Assessment of Tobacco and Health (PATH) Study,43 43 The PATH study is a research study that assesses within-person changes and between-person differences in a large national cohort of participants aged 12 years and older over time. Each wave is a follow-up where the PATH study can examine its objectives, iteratively and cumulatively, to generate a broad body of knowledge about tobacco product use in the USA. Data collection for each wave occurred during the following timeframes: Wave 1 September 2013-December 2014), Wave 2 (October 2014-2015), Wave 3 (October 2015-2016), and Wave 4 (2016- 2017). among youth age 12 to 17 who reported using an ENDS product, 93.2 percent reported that their first ENDS use was with a flavored ENDS product.44 44 Rostron B et al. “Prevalence and Reasons for Use of Flavored Cigars and ENDS among US Youth and Adults: Estimates from Wave 4 of the PATH Study, 2016-2017,” American Journal of Health Behavior, 44(1);76-81, 2020. Data from Wave 4 also showed that 71 percent of current youth ENDS users said they used ENDS products “because they come in flavors I like.” 45 Id. 45 The NYTS survey instrument groups mint- and menthol-flavored products together, so it is not possible to differentiate youth use of mint and menthol flavors separately based on the NYTS data. The 2018 NYTS data indicate that, among high school students whose only tobacco product use is e-cigarettes, known as exclusive e-cigarette users, the proportion who reported fruit-flavored ENDS use was 75.5 percent in 201846 46 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, et al., “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. and the proportion who reported mint-and menthol-flavored ENDS use was 38.1 percent.47 47 Cullen, K.A., B.K. Ambrose, A.S. Gentzke, et al., “Notes from the Field: Increase in e-cigarette use and any tobacco product use among middle and high school students – United States, 2011-2018,” Morbidity and Mortality Weekly Report, 67(45);1276-1277, 2018. In 2019, in the same population, fruit-flavored ENDS use was 66.1 percent and mint- and menthol-flavored ENDS use was 57.3 percent.48 48 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. Among middle school exclusive e-cigarette users, the 2018 NYTS data indicate that use of fruit- flavored ENDS use was 58.1 percent and mint-and menthol-flavored ENDS use was 20.6 Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.icpsr.umich.edu/icpsrweb/NAHDAP/ studies/36231 2022/09/13 City Council Post Agenda Page 690 of 809 Contains Nonbinding Recommendations 15 percent.49 49 Id. In 2019, in the same population, fruit-flavored ENDS use was 67.7 percent and mint- and menthol-flavored ENDS use was 31.1 percent.50 50 Id. Between 2016 and 2019, high school exclusive e-cigarette users who reported mint- and menthol-flavored ENDS use increased from 16.0 percent to 57.3 percent, p<0.05.51 51 Id. Data for middle school e-cigarette users was inconclusive on this point due to a limited number of middle-school students in the NYTS sample who not only used e-cigarettes within the past 30 days, but whose exclusive tobacco product use in the past 30 days was e-cigarettes.52 52 Id. In 2019, the data indicate that more than one million middle and high school exclusive e-cigarette users used mint- or menthol-flavored ENDS in the past 30 days.53 53 Id. However, data from the MTF survey examine mint and menthol JUUL use separately and indicate that youth use of menthol-flavored products is not as high as that for mint- and fruit- flavored products. Specifically, a randomly-selected third of 2019 MTF respondents were asked about their flavored JUUL use.54 54 Leventhal A., et al., “Flavors of e-Cigarettes Used by Youths in the United States,” JAMA, 322(21):2132-2134, 2019. The analytic sample included past 30-day JUUL users who answered the question, “Which JUUL flavor do you use most often?” with response options of Classic Tobacco, Crème, Cucumber, Fruit, Mango, Menthol, Mint, Virginia Tobacco, and Other. Among past 30-day JUUL users in each grade studied (8th, 10th, and 12th), use of mango and mint ranked highest, followed by fruit. Reported use of menthol and tobacco flavors were among the lowest ranked options. Specifically, a number of 8th grade past 30-day JUUL users reported use of mango (33.5 percent), while the others reported use of mint (29.3 percent), fruit (16.0 percent), and other (14.8 percent).55 55 The remaining flavors, including tobacco and menthol flavors, each had estimates of 2.3%. A large percentage of 10th grade past 30-day JUUL users reported use of mint (43.5 percent), while the others reported use of mango (27.3 percent), fruit 10.8 percent), and other (8.4 percent).56 56 The remaining flavors, including tobacco and menthol flavors, each had estimates of 3.0%. Close to half of 12th grade past 30-day JUUL users reported use of mint (47.1 percent), while the others reported use of mango (23.8 percent), fruit 8.6 percent), other (6.0 percent), menthol (5.9 percent), and cucumber (4.4 percent).57 57 The remaining flavors, including tobacco flavors, each had estimates of 1.5%. Data from the 2019 NYTS also indicate that youth overwhelmingly prefer cartridge-based ENDS products,58 58 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. and we have found that these products are easy to conceal, can be used discreetly, may have a high nicotine content, and are manufactured on a large scale. The 2019 survey instrument included a measure for the “usual brand” of e-cigarette used in the past 30 days. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 691 of 809 Contains Nonbinding Recommendations 16 Most youth who were current e-cigarette users reported a cartridge-based e-cigarette as their usual brand.59 59 Id. Unpublished data from the 2019 survey list other brands that are used by youth, some of which are available in both cartridge-based and non-cartridge-based forms. In fact, the leading brand is a cartridge-based product that commands approximately 70 percent of the market.60 60 Nielsen Total US xAOC/Convenience Database & Wells Fargo Securities, LLC, in Wells Fargo Securities, Nielsen: Tobacco All Channel Data Thru 10/4 – Cig Vol Declines Moderate, October 15, 2019. Of particular concern are the design features that appear to make the cartridge-based products so popular with young people. Attributes typically present in cartridge-based products include a relatively small size that allows for easy concealability, and intuitive and convenient features that facilitate ease of use, including draw activation, prefilled cartridges or pods, and USB rechargeability. Small products may allow youth to use the product in circumstances where use of tobacco products is prohibited, such as a school.61 61 See, e.g., Schillo B., et al., “JUUL in School: Teacher and Administrator Awareness and Policies of E-Cigarettes and JUUL in U.S. Middle and High Schools,” Health Promot Pract., 21(1):20-24, 2020; “Why 'juuling' has become a nightmare for school administrators,” Kaiser Health News (March 26, 2018), available at: https://www.nbcnews.com/health/kids-health/why-juuling-has-become-nightmare-school-administrators-n860106/; Juul Is Sued by School Districts That Say Vaping Is a Dangerous Drain on Their Resources,” The New York Times October 7, 2019), available at: https://www.nytimes.com/2019/10/07/us/juul-vaping-schools.html. Small size may also allow the user to quickly conceal the product in the palm of one’s hand or in a pocket.62 62 http://pittsburgh.cbslocal.com/2017/12/13/new-ecigarette-popular-among-kids-easy-to-conceal-from-parents/ Small size may allow for product use in a social setting without others’ awareness,63 63 https://www.npr.org/sections/health-shots/2017/12/04/568273801/teenagers-embrace-juul-saying-its-discreet- enough-to-vape-in-class particularly in conjunction with vaping techniques that may be used to prevent or hide the vapor cloud. Additionally, depending on the size and shape of the product, it may also blend in with other equipment that is expected in that setting e.g., if the ENDS is shaped like a flash drive, for example, next to a computer, where an actual flash drive would be used), or it may otherwise go undetected because parents, teachers, or coaches do not recognize the product as an ENDS.64 64 “New vaping devices may go undetected by parents,” The Excelsior Springs Standard, April 16, 2018, available at: http://excelsior225.rssing.com/chan-47020297/all_p70.html#item1400. Products ready for use immediately after purchase have characteristics that facilitate ease of use among young people. With cartridge-based products, there are no settings to change and very little assembly is required. Research on other tobacco products suggests that ease of use is associated with susceptibility to tobacco product uptake among youth.65 65 Chaffee B.W., J. Urata, E.T. Couch, S. Gansky, “Perceived flavored smokeless tobacco ease-of-use and youth susceptibility,” Tobacco Regulatory Science, 3(3):367-373, 2017. Additional research among youth suggests that younger adolescents are more likely to use more basic ENDS Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.nbcnews.com/health/kids-health/why-juuling-has-become-nightmare- school-administrators-n860106/ https://www.nytimes.com/2019/10/07/us/juul- vaping-schools.htmlhttp://pittsburgh.cbslocal.com/2017/12/13/new-ecigarette-popular-among-kids- easy-to-conceal-from-parents/https://www.npr.org/sections/health-shots/2017/12/04/568273801/teenagers- embrace-juul-saying-its-discreet-enough-to-vape-in-classhttps:// www.npr.org/ sections/health- shots/2017/12/04/ 568273801/ teenagers- embrace-juul- saying-its-discreet- enough-to-vape- in-class http://excelsior225.rssing.com/chan-47020297/ all_p70.html#item1400 2022/09/13 City Council Post Agenda Page 692 of 809 Contains Nonbinding Recommendations 17 products than older adolescents.66 66 Pepper J.K., A.J. MacMonegle, J.M. Nonnemaker, “Adolescents’ use of basic, intermediate, and advanced device types for vaping,” Nicotine & Tobacco Research, 21(1):55–62, 2019. Thus, particularly easy-to-use products, such as cartridge- based products, may have lower barriers to initiation. Other product features that facilitate ease of use include pre-filled cartridges, which are convenient because they do not require filling prior to use and are easy to dispose of and replace; a draw-activated battery that makes the devices much easier to use than other devices; and rechargeability, an important characteristic for use among youth who recharge via a USB port when connected to a computer or charging adapter from other electronic devices, such as a cellphone. In the notice of proposed rulemaking for the Deeming Rule, FDA noted that the overall public- health impact of ENDS products would depend crucially upon “who uses the products and how they are used. If such products result in minimal initiation by children and adolescents while significant numbers of smokers quit, then there is a potential for the net public health impact at the population level to be positive. If, on the other hand, there is significant initiation by youth, minimal quitting, or significant dual use of combust[ed] and non-combust[ed] products, then the public health impact could be negative.”67 67 79 Fed. Reg. 23141, 23147 (2016). The data discussed above demonstrate substantial and increasing initiation of ENDS products by youth, particularly certain flavored, cartridge-based products. C. Additional Relevant Considerations In issuing the March 2019 Draft Guidance, FDA solicited public comment generally on the proposed approach and specifically sought information that could help inform its decision- making for each key issue. In developing this Final Guidance, FDA considered information provided in the public comments submitted on the March 2019 Draft Guidance. Overall, out of the over 15,000 public comments FDA received in response to the Draft Guidance, many were related to form letter campaigns, while approximately 294 public comments provided unique and substantive information. In addition to the comments that provided unique and substantive information, FDA received thousands of general comments expressing support or opposition to the guidance and separate provisions within the guidance. These comments express broad policy views and do not address specific points related to the March 2019 Draft Guidance. Additional information regarding significant comments received in response to the March 2019 Draft Guidance and FDA’s responses is described in Appendix A.68 68 FDA generally does not respond to comments in guidance documents and, as noted in the preamble to the deeming rule, generally “[a]gency compliance/enforcement policies are not subject to the requirements that govern notice-and-comment rulemaking.” 81 Fed. Reg. at 28,977, 29,010 (citing Prof’ls & Patients for Customized Care v. Shalala, 56 F.3d 592 (5th Cir. 1995) (a compliance policy guide is not a substantive rule and not subject to APA’s notice-and-comment rulemaking); Takhar v. Kessler, 76 F.3d 995, 1002 (9th Cir. 1996) (FDA compliance policy guides were not required to go through notice-and-comment procedures)). Although FDA is addressing comments here, it does so voluntarily and given the circumstances. By responding to comments here, FDA in no way Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 693 of 809 Contains Nonbinding Recommendations 18 FDA also remains concerned about health and safety issues connected to ENDS products—e.g., cases of lung injuries associated with use of vaping products69 69 See, e.g., Centers for Disease Control and Prevention, “Outbreak of Lung Injury Associated with E-cigarette Use, or Vaping,” available at: https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe-lung- disease.html#latest-outbreak-information; Layden, J. E., I. Ghinai, I. Pray, et al., “Pulmonary Illness Related to E- Cigarette Use in Illinois and Wisconsin – Preliminary Report,” New England Journal of Medicine, Sept. 2019; DOI: 10.1056/NEJMoa1911614. as well as battery explosions with ENDS products70 70 See, e.g., Rossheim, M.E., M.D. Livingston, E.K. Soule, et al., “Electronic Cigarette Explosion and Burn Injuries, US Emergency Departments 2015-2017,” Tobacco Control, 2019; 28:472-474, available at: http://dx.doi.org/10.1136/tobaccocontrol-2018-054518. particularly given that these products have been marketed without premarket evaluation. These current public health issues affirm the importance of the premarket review process, as contemplated by the Tobacco Control Act, to scientifically evaluate products based on a public health standard. For example, FDA review of premarket tobacco product applications considers the risks and benefits of the product to the population as a whole, including tobacco product users and non-users. In reviewing premarket tobacco product applications, FDA will consider, among other things: the product’s components, ingredients, additives, and properties; manufacturing practices; and any studies or investigations into the health risks of the tobacco product. D. Enforcement Priorities for ENDS Products In the discussion that follows, we describe our current intent regarding prioritizing our enforcement resources with respect to certain illegally marketed ENDS products. FDA will prioritize enforcement of flavored, cartridge-based ENDS products (other than tobacco- and menthol-flavored products), which are produced primarily by large manufacturers. This policy should have minimal impact on small manufacturers (e.g., vape shops) that primarily sell non-cartridge-based ENDS products, unless they market to youth or fail to take adequate measures to prevent youth access. Specifically, FDA intends to prioritize enforcement regarding the lack of marketing authorization against: Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product); All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and Any ENDS product that is targeted to minors or whose marketing is likely to promote use of ENDS by minors. FDA intends to prioritize enforcement beginning February 6, 2020. establishes a policy, practice, or precedent requiring the Agency to do so with respect to future iterations of this document or any other guidance document. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.cdc.gov/tobacco/basic_information/e-cigarettes/severe- lung-disease.html#latest-outbreak-informationhttps://www.cdc.gov/tobacco/ basic_information/e-cigarettes/ severe-lung- disease.html#latest-outbreak- informationhttp://dx.doi.org/10.1136/ tobaccocontrol-2018-054518 2022/09/13 City Council Post Agenda Page 694 of 809 Contains Nonbinding Recommendations 19 Further, FDA intends to prioritize enforcement of any ENDS product that is offered for sale after September 9, 2020, and for which the manufacturer has not submitted a premarket application or after a negative action by FDA on a timely submitted application). In addition to violations related to lack of marketing authorization, FDA will continue to take legal action regarding sales of tobacco products to minors and other violations and will closely monitor all sales of ENDS products. 1. Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored product) FDA intends to prioritize enforcement for lack of marketing authorization against any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product) that is offered for sale in the United States without regard to whether or when premarket application for such product has been submitted. In its balancing of the different public health considerations regarding ENDS products, the March 2019 Draft Guidance did not include tobacco-, mint- and menthol-flavored ENDS products in its proposed enforcement priorities, based on the data at that time indicating that these flavors were preferred more by adults than youth. The intent was, to the extent possible consistent with protecting population health, to avoid foreclosing one potential means by which some adult smokers might seek to transition completely away from combusted tobacco products to potentially less harmful tobacco products. Moreover, the March 2019 draft did not distinguish between cartridge-based products and other products, and instead focused on how products are sold rather than product characteristics. As discussed above, evidence shows that youth are particularly attracted to flavored, cartridge- based ENDS products. Data show that, among youth who reported ever using an ENDS product, a large majority reported their first ENDS use was with a flavored ENDS product.71 71 Rostron B et al. “Prevalence and Reasons for Use of Flavored Cigars and ENDS among US Youth and Adults: Estimates from Wave 4 of the PATH Study, 2016-2017,” American Journal of Health Behavior, 44(1);76-81, 2020. Data also show that among current youth ENDS users, a majority of youth respondents stated that they used ENDS products “because they come in flavors I like.”72 72 Id. In addition, recent data indicate that flavors preferred by youth include mint. Data from the 2019 MTF survey indicate that youth use of mint- and fruit-flavored JUUL products is higher than that of menthol- and tobacco- flavored JUUL products.73 73 Leventhal A., et al., “Flavors of e-Cigarettes Used by Youths in the United States,” JAMA, 322(21):2132-2134, 2019. Finally, data from the 2019 NYTS indicate that youth overwhelmingly prefer cartridge-based ENDS products.74 74 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. These products are easy to conceal, can be used discreetly, may have a high nicotine content, and are manufactured on a large scale. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 695 of 809 Contains Nonbinding Recommendations 20 FDA received a number of comments that focused on the popularity of mint- and menthol- flavored ENDS among youth and adult populations. Some commenters suggested that such products would become even more popular if others became less available. They argued that not prioritizing enforcement against mint- and menthol-flavored ENDS products would risk the shift of youth from one flavor of ENDS products to another based on a potential but indeterminate impact on adult consumers. Several comments argued that data suggest that even if youth currently prefer “fruit” and “sweets” to mint and menthol, this does not mean that youth do not still find mint and menthol to be appealing flavors. FDA also received public comments claiming that mint- and menthol-flavored ENDS products help smoking cessation. For example, some commenters focused on the potential role that mint- and menthol-flavored ENDS products could play in helping some adults cease the use of combusted tobacco products. It is possible that prioritizing enforcement against mint-flavored ENDS products could at least in the short term make fewer products available for some addicted adult smokers seeking to use ENDS products to transition completely away from cigarettes. However, the comments, as well as the recent surge in youth use of ENDS products, and especially the preferences indicated in the 2019 NYTS and 2019 MTF data, have led FDA to reconsider its approach with regard to prioritizing enforcement of mint-flavored ENDS products. FDA also received multiple comments urging the Agency to further refine its enforcement priorities in consideration of how the design features of certain ENDS products may make them so popular among youth. Some commenters focused on the features of cartridge-based systems, particularly that they may contain high nicotine content and that they are easy to conceal. Similarly, some commenters focused on the potential impact of nicotine salts, which are used in some brands of cartridge-based ENDS products. In contrast, FDA received a comment arguing that the rise of youth use should not be attributed to all cartridge-based products but rather to a single, uniquely prevalent cartridge-based product, and that FDA’s regulatory actions should be tailored accordingly. As discussed above, data show that flavors are a strong driver for youth use, and that youth overwhelmingly use cartridge-based ENDS products. Moreover, preliminary research indicates that certain effects of nicotine salts in ENDS products (e.g., higher nicotine exposure and faster rate of absorption) may increase the abuse liability of ENDS with nicotine salts, which raises concerns of addiction in youth, particularly due to the vulnerability of the developing adolescent brain. However, for many individual addicted cigarette smokers, the potential for ENDS to act as a substitute for cigarettes, thereby encouraging smokers to seek to switch completely away from combustible cigarettes, may be dependent, in part, upon the product having acceptability and abuse liability more comparable to a cigarette. FDA has refined its enforcement priorities in the Final Guidance to focus on flavored, cartridge- based ENDS products (other than tobacco- and menthol-flavored). This approach strikes an appropriate balance between restricting youth access to such products, while maintaining availability of potentially less harmful options for current and former adult smokers who have transitioned or wish to transition completely away from combusted tobacco products. FDA will, however, continue to evaluate new information and adjust these enforcement priorities, as warranted, in light of the best available data about these products. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 696 of 809 Contains Nonbinding Recommendations 21 We also note that the March 2019 Draft Guidance proposed to prioritize enforcement for flavored ENDS products that are offered for sale in ways that pose a greater risk for minors to access such products. Several comments discussed the wide availability of these products and the means by which youth gain access. These included comments that expressed concern regarding the availability of flavored ENDS products on the Internet and in vape shops. Other commenters focused on how the enforcement priorities were unclear and difficult for retailers to understand, and how that may negatively affect “potentially compliant” retail locations that attempt to prevent minor access. Others expressed concern that the enforcement priorities were altogether impractical and costly for retailers. While the March 2019 Draft Guidance proposed to focus its enforcement priorities of flavored ENDS products on how the product was sold, after considering the comments, the public health threats, and the new evidence described above, FDA determined that focusing on how the product was sold would not appropriately address youth use of the products that are the most popular among youth—i.e., flavored, cartridge-based products. The reality is that youth have continued access to these products in the face of legal prohibitions and even after voluntary actions by some manufacturers. Moreover, as discussed above, the data show that youth overwhelmingly prefer certain flavors of cartridge-based ENDS products.75 75 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. These products are produced on a large scale, are easy to conceal, can be used discreetly, and are not the products typically produced in vape shops that mix nicotine with e-liquid flavors. Given the urgent need to address the dramatic rise in youth use, this Final Guidance prioritizes enforcement with respect to any flavored, cartridge-based ENDS products (other than a tobacco- and menthol-flavored ENDS product) without regard to the location or method of sale. FDA believes that focusing enforcement on these products is important in addressing the increasing rates of youth use of these flavored, cartridge-based products because this is a primary driver in youth experimentation with, and continued use of, ENDS products. Accordingly, FDA has recalibrated its balancing of public health considerations in light of the public health threats and the significant new evidence described above. This policy reflects FDA’s balancing of concerns regarding the appeal of certain flavored, cartridge-based ENDS products to youth; the potential public health benefit of noncombusted options by which some adult smokers might seek to transition completely away from combusted tobacco products; and the potential risks created by extended availability of these new tobacco products without scientific review and evaluation under the applicable public health standard. 2. All other ENDS products without adequate measures to prevent minors’ access FDA intends to prioritize enforcement for lack of a marketing authorization for any other ENDS products (i.e., any tobacco-, menthol-, or non-flavored ENDS products and any non-cartridge- based, flavored ENDS products) when the manufacturer has not taken or is not taking adequate measures to prevent minors’ access to these products, without regard to whether or not, or when, a premarket application for such product has been submitted. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 697 of 809 Contains Nonbinding Recommendations 22 In assessing whether a manufacturer is taking (or has taken) adequate measures to prevent minors’ access to these ENDS products, factors the Agency intends to consider include, but are not limited to: Whether the manufacturer has implemented adequate programs to monitor retailer compliance with age-verification and sales restrictions. Such programs might include, for instance: screening retailers, in advance of establishing or renewing distribution agreements, based on the strength of the retailers’ age verification policies; establishing and publicizing a hotline for anonymous reporting of noncompliant sales; implementing a mystery shopper program; requiring use of technology that tracks age-verification practices; or other mechanisms. Whether the manufacturer has established and enforces penalties against retailers that fail to comply with age-verification and sales restrictions. For instance, in response to the September 12th letters, respondent manufacturers stated that they had mechanisms, such as through distribution agreements, to enforce financial penalties and stop sales to retailers in response to noncompliance. In addition to such mechanisms, FDA may consider whether a manufacturer has implemented a policy of notifying FDA of retailer violations. If the manufacturer is also a retailer, factors to adequately prevent underage access might include: whether the manufacturer/retailer has implemented programs to ensure compliance with age-verification and sales restrictions; establishing and publicizing a hotline for anonymous reporting of noncompliant sales; checking identification at the door; or other mechanisms. If the manufacturer is also a retailer, whether the manufacturer uses adequate age- verification technology (or requires that retailers who sell its products use such technology) to prevent underage access to its website and to prevent underage sales through the Internet. For instance, adequate age-verification could include use of an independent, third-party age- and identity-verification service that compares customer information against third-party data sources, such as public records; and Whether the manufacturer limits (or requires that retailers who sell its products to limit) the quantity of ENDS products that a customer may purchase within a given period of time. FDA’s decision to exercise its enforcement authorities with respect to particular products will be fact-specific and determined on a case-by-case basis. This prioritization takes into account information that was provided by manufacturers in response to the Agency’s September 2018 letters, including measures to address youth use that manufacturers can or have already taken to address youth access to ENDS products, as well as information provided in comments to the March 2019 Draft Guidance. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 698 of 809 Contains Nonbinding Recommendations 23 As noted, FDA considered comments about the practical concerns of implementing an enforcement policy based on how products are sold. The factors above reflect information FDA received from industry, including information manufacturers shared during meetings with FDA leadership, in response to the September 2018 letters, and public comments submitted in response to the March 2019 Draft Guidance. From this information, FDA understands that manufacturers have the means to monitor and/or control how their products are sold at retail by, for example, including or requiring terms, conditions, or controls in their contracts with downstream distributors (wholesalers, distributors, importers, and/or retailers) to prevent youth access. The March 2019 Draft Guidance did not propose to prioritize enforcement for tobacco- or menthol-flavored ENDS products and did not propose to distinguish between cartridge-based and other ENDS products. The continued significant increase in youth use of ENDS, as demonstrated in the 2019 NYTS and MTF data, as well as the data showing that youth overwhelmingly use flavored, cartridge-based ENDS products, support a reconsideration of the Agency’s approach. As noted in the draft guidance, FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data, and it will continue to do so with respect to these unauthorized ENDS products. As noted above, FDA received a number of comments arguing that the popularity of menthol- flavored ENDS (as well as mint-flavored ENDS, which are discussed above) had increased among youth and adult populations, and suggesting that such products would become even more popular if other flavored ENDS products became less available. They argued that excluding menthol-flavored ENDS products from prioritization would risk the shift of youth from one flavor of ENDS products to another based on a potential but indeterminate impact on adult consumers. FDA also received comments stating that it should immediately begin enforcing premarket review of all ENDS products, including tobacco-flavored ENDS products. Other commenters emphasized a need for ENDS products to remain available for former smokers who have transitioned or current smokers who want to transition completely away from combustible products. Menthol is unique compared to other available ENDS product flavors as it is the only characterizing flavor available in cigarettes, and it may reduce the irritation and harshness of smoking.76 76 See, e.g., Harris, B., “Menthol: A review of its thermoreceptor interactions and their therapeutic applications,” International Journal of Aromatherapy, 16(3-4):117-131, 2006; Galeotti, N., L.D. Mannelli, G. Mazzanti, et al., Menthol: a natural analgesic compound,” Neuroscience Letters, 322(3):145-148, 2002; Nishino, T., Y. Tagaito, Y. Sakurai, “Nasal inhalation of l-menthol reduces respiratory discomfort associated with loaded breathing,” American Journal of Respiratory and Critical Care Medicine, 156(1):309-313, 1997; Lawrence, D., B. Cadman, A.C. Hoffman, Sensory properties of menthol and smoking topography,” Tobacco Induced Diseases, 9 Suppl 1(Suppl 1):S3, 2011; Garten, S. & R.V. Falkner, “Continual smoking of mentholated cigarettes may mask the early warning symptoms of respiratory disease,” Preventive Medicine, 37(4):291-296, 2003. Menthol cigarettes are also used by a substantial portion of the U.S. population, who are addicted to nicotine and may be looking for an alternative product to seek to transition completely away from combusted products.77 77 See, e.g., United States Department of Health and Human Services. Substance Abuse and Mental Health Services Administration (SAMHSA). Center for Behavioral Health Statistics and Quality. National Survey on Drug Use and FDA is compelled to act by data that Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 699 of 809 Contains Nonbinding Recommendations 24 show youth overwhelmingly prefer certain flavors of cartridge-based ENDS products such as fruit, mint, and candy.78 78 Cullen, K.A., A.S. Gentzke, M.D. Sawdey, “E-cigarette use among youth in the United States, 2019,” JAMA, 322(21);2095-2103, 2019. At the same time, FDA is aware that approximately 9 million adults currently use e-cigarettes.79 79 Creamer, M.R., “Tobacco Product Use and Cessation Indicators Among Adults- United States 2018,” Morbidity and Mortality Weekly Report, 68:1013-1019, 2019, available at: https://www.cdc.gov/mmwr/volumes/68/wr/pdfs/mm6845a2-H.pdf. Studies have shown that the majority of adult e-cigarette users use flavored e-cigarettes and there is some evidence to suggest that flavored e-cigarettes may improve switching from cigarette smoking to using e-cigarettes, compared to non-flavored e- cigarettes.80 80 Russell, C. et al. “Changing Patterns of First E-Cigarette Flavor Used and Current Flavors Used by 20,836 Adult Frequent E-Cigarette Users in the USA,” Harm Reduction Journal, 15(1):33-47, 2018; Bonhomme, M.G. et al. Flavoured Non-Cigarette Tobacco Product Use Among US Adults: 2013–2014,” Tobacco Control, 25(Suppl 2):4– 13, 2016. FDA seeks both (1) to avoid foreclosing, even if temporarily, one potential means by which some adult smokers might seek to transition completely away from combusted tobacco products to potentially less harmful tobacco products; and (2) to prevent minors’ access to ENDS products. FDA believes that this policy strikes an appropriate balance between restricting youth access to ENDS products and maintaining availability of potentially less harmful options for current and former adult smokers who have transitioned or wish to transition completely away from combusted tobacco products.81 81 FDA notes that no ENDS product has been approved by FDA as a drug for smoking cessation. However, the premarket review process for ENDS products will provide an opportunity for FDA to further examine the potential of an ENDS product to meet the tobacco product premarket authorization standard of “appropriate for the protection of public health,” including adult decisions to completely transition away from use of combustible products to potentially less harmful ENDS products or other non-combustible forms of nicotine delivery. Moreover, the prioritization of flavored, cartridge-based products articulated in Section D.1 above, and the prioritization of all other flavored ENDS product sold without adequate measures to prevent youth access, should have minimal impact on those vape shops that primarily sell non- cartridge-based ENDS products and that ensure purchasers are of the requisite age and not purchasing for resale (e.g., are not purchasing in large quantities). Should evidence indicate to the contrary, the Agency will take appropriate action. 3. Any ENDS product that is targeted to minors or whose marketing is likely to promote use of ENDS by minors Many ENDS products have been and continue to be marketed to minors through a wide variety of media and technology, and their labels and labeling, print advertising, and/or online advertising are appealing to minors. Unlike combusted cigarettes and smokeless tobacco products, for which advertising through television and radio (and any other medium of electronic Health, 2016. Analysis run on October 12, 2018. SAMHSA’s public online data analysis system (PDAS). (Original Data Source: NSDUH 2016) Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.cdc.gov/mmwr/volumes/68/wr/pdfs/ mm6845a2-H.pdf 2022/09/13 City Council Post Agenda Page 700 of 809 Contains Nonbinding Recommendations 25 communication subject to regulation by the Federal Communications Commission) has been prohibited since 1971 and 1986 respectively,82 82 15 U.S.C. § 1335 (“It shall be unlawful to advertise cigarettes or little cigars on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission”); 15 U.S.C. § 4402(c) same, for smokeless tobacco). ENDS products are advertised through television, radio, and online.83 83 U.S. Department of Health and Human Services, “E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General,” 2016. Social media accounts are frequently used to electronically share tobacco- product-related content with other minors.84 84 See Chu, K.-H., J.B. Colditz, B.A. Primack, et al., “JUUL: Spreading Online and Offline,” Journal of Adolescent Health, 63(5), 582-586, 2018. Sales of such products to minors are prohibited, and FDA is concerned with actions likely to promote unlawful sales and maintain or increase youth use. FDA has issued joint warning letters with the FTC to four firms that manufacture, advertise and offer for sale or distribution several flavored e-liquid products for violations related to online posts by social media influencers on each company’s behalf.85 85 FDA News Release, “FDA, FTC take action to protect kids by citing four firms that make, sell flavored e-liquids for violations related to online posts by social media influencers on their behalf,” June 7, 2019, available at: https://www.fda.gov/news-events/press-announcements/fda-ftc-take-action-protect-kids-citing-four-firms-make-sell- flavored-e-liquids-violations-related. This type of marketing is especially concerning because longitudinal data from Waves 1 (2013-2014) and 2 (2014-2015) of the PATH Study show that engagement with online tobacco marketing is a risk factor for adolescent tobacco use, as adolescents who engaged with online tobacco marketing had greater incidences of initiating tobacco use, increased frequency of use and progression to poly-product use, and lower incidences of cessation compared to those who do not engage.86 86 Soneji, S., J. Yang, K.E. Knutzen, et al., “Online Tobacco Marketing and Subsequent Tobacco Use,” Pediatrics, 141(2):e20172927, 2018; doi:10.1542/peds.2017-2927. Researchers have found that certain marketing strategies can increase youth appeal, both in general and with respect to tobacco products in particular. FDA has previously issued warning letters for products that resemble kid-friendly foods and drinks or that resemble other non-ENDS products that are often consumed by youth.87 87 E.g., “E-Liquids Misleadingly Labeled or Advertised as Food Products,” available at: https://www.fda.gov/tobaccoproducts/newsevents/ucm605729.htm; “FDA In Brief: FDA warns companies to stop making, selling or distributing e-liquids marketed to resemble prescription cough syrups,” available at: https://www.fda.gov/news-events/fda-brief/fda-brief-fda-warns-companies-stop-making-selling-or-distributing-e- liquids-marketed-resemble. This includes labeling and/or advertising that results in the product resembling juice boxes, candy, or kid-friendly cereal. Actions by manufacturers to present their ENDS products in this way are likely to promote youth use, and also present a risk of confusion that could be harmful to children, including the risk of accidental poisoning.88 88 See, e.g., Kamboj, A., H.A. Spiller, M.J. Casavant, et al., “Pediatric Exposure to E-Cigarettes, Nicotine, and Tobacco Products in the United States,” Pediatrics, 2016;137(6):e2016004. Other marketing conduct likely to promote youth use includes the use of cartoons as part of e-cigarette manufacturers’ and retailers’ logos, marketing materials, promotions,89 89 Allem, J.-P., T. B. Cruz, J.B. Unger, et al., “Return of cartoon to market e-cigarette-related products,” Tobacco Control, 0, 1-3, 2018; doi:10.1136/tobaccocontrol-2018-054437 (2018); Jackler, R. K., & Ramamurthi, D., Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/news-events/press-announcements/fda-ftc-take-action-protect-kids- citing-four-firms-make-sell-flavored-e-liquids-violations-relatedhttps://www.fda.gov/news- events/press- announcements/fda-ftc- take-action-protect-kids- citing-four-firms-make-sell- flavored-e-liquids- violations-related https://www.fda.gov/tobaccoproducts/newsevents/ ucm605729.htmhttps://www.fda.gov/news-events/fda-brief/fda-brief-fda-warns-companies-stop-making- selling-or-distributing-e-liquids-marketed-resemblehttps://www.fda.gov/ news-events/fda- brief/fda-brief-fda- warns-companies- stop-making-selling- or-distributing-e- liquids-marketed- resemble 2022/09/13 City Council Post Agenda Page 701 of 809 Contains Nonbinding Recommendations 26 Instagram posts,90 90 Allem, J.-P., T.B. Cruz, J.B. Unger, et al., “Return of cartoon to market e-cigarette-related products,” Tobacco Control, 0, 1-3, 2018; doi:10.1136/tobaccocontrol-2018-054437. and video advertisements.91 91 Padon, A. A., Maloney, E. K., & Cappella, J. N., “Youth-targeted e-cigarette marketing in the US,” Tobacco Regulatory Science, 3(1):95-101, 2017; doi:10.18001/TRS.3.1.9. Cartoon figures are frequently used on product packaging and in television advertising to promote youth consumption of consumer goods.92 92 Ethan, D., C.H. Basch, L. Samuel, et al., “An examination of product packaging marketing strategies used to promote pediatric multivitamins,” Journal of Community Health, 40(3), 564-568, 2015; doi:10.1007/s10900-014- 9972-1; Kraak, V. I., & Story, M., “Influence of food companies' brand mascots and entertainment companies' cartoon media characters on children's diet and health: a systematic review and research needs,” Obesity Reviews, 16(2), 107-126, 2015. A common theme discussed in food and beverage industry publications has been using cartoons in marketing and packaging consumer products to target children and teenagers.93 93 Barrey, S., M. Baudrin, & F. Cochoy, “From fun foods to fun stores,” Young Consumers, 11(2);138-147, 2010; Cioletti, J., “Cereal thrillers,” Supermarket Business Magazine, 56(10):30, 2001; Cioletti, J., “Future of... youth marketing,” Beverage World, 122(8), 10 (2003); Cvetan, D., “Active market for active cultures,” Dairy Field, 183(4):18, 2000; Fry, J., “Moo kids on the block say they've got more than the white stuff,” Beverage World, 114(1596):1, 1995; Landi, H., “High Tea,” Beverage World, 130(7):18-22, 2011; Steinriede, K., “The year's best packaging,” Beverage Industry, 91(12): 34, 2000; White, L., “A license for profits,” Professional Candy Buyer, 19(6):19-21, 2011. Another marketing strategy that has been recently employed by manufacturers is labeling, advertising, and/or product design that results in the ENDS product resembling ordinary items that may not draw the attention of adults.94 94 See, e.g., Ramamurthi, D., C. Chau,, R.K. Jackler, “JUUL and Other Stealth Vaporisers: Hiding the Habit From Parents and Teachers,” Tobacco Control, Sept. 2018, doi: 10.1136/tobaccocontrol-2018-054455. Similar marketing conduct likely to promote youth use includes labeling and/or advertising highlighting how the product is ‘stealth’ or ‘secret’ and in the form of ordinary objects that may not be readily recognized by parents or teachers.95 95 Id. Any efforts to entice minors to use tobacco products are of concern to FDA. FDA intends to prioritize its enforcement to focus on products that are targeted to minors or likely to promote use of ENDS by minors. Some examples of such products include: Products marketed with labeling and/or advertising that resemble kid-friendly foods and drinks or resemble other non-ENDS products that are often marketed and/or appealing to youth. This includes, for example, labeling and/or advertising that results in the product resembling juice boxes, candy, or kid-friendly cereal; and/or Products marketed directly to minors by promoting ease of concealing the product or the nature of the product as a tobacco product from parents, teachers, or other adults; and/or Products marketed with youth-appealing cartoon or animated characters, such as those that depict or resemble popular children’s characters; and/or Unicorns cartoons: marketing sweet and creamy e-juice to youth,” Tobacco Control, 26(4), 471-475, 2017; doi:10.1136/tobaccocontrol-2016-053206; Kirkpatrick, M. G., T.B. Cruz, N.L. Goldenson, et al., “Electronic cigarette retailers use Pokémon Go to market products,” Tobacco Control, 26(e2), e145, 2017; doi:10.1136/tobaccocontrol-2016-053369 (2017); Padon, A. A., E.K. Maloney & J.N. Cappella, “Youth-targeted e- cigarette marketing in the US,” Tobacco Regulatory Science, 3(1), 95-101, 2017; doi:10.18001/TRS.3.1.9. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 702 of 809 Contains Nonbinding Recommendations 27 Products marketed, including through paid social media influencers, with popular children’s characters and titles (e.g., popular children’s YouTube channels, television shows, or characters). This includes, for example, the use of minors or people who portray minors on such shows and their associated show titles. 4. Any ENDS product that is offered for sale in the United States after September 9, 2020. The U.S. District Court for the District of Maryland has ordered that premarket applications for all deemed new tobacco products on the market as of August 8, 2016, be submitted by September 9, 2020. Even in the absence of this court order, FDA would prioritize enforcement of any ENDS product that lacks a premarket application after September 9, 2020, for the reasons described in this guidance. For ENDS products other than those described in D.1 – D.3 above, if premarket applications are submitted by September 9, 2020, FDA intends to continue to exercise enforcement discretion for up to one year pending FDA review, unless there is a negative action by FDA on such application. A negative action would consist of the issuance of a Refuse to Accept (RTA), Refuse to File (RTF), and/or No Marketing Order (NMO); or of a letter administratively closing the application, or cancelling the application if FDA finds that it mistakenly accepted the application or that the application was submitted in error. In addition, the other enforcement priorities discussed in this guidance would apply to such products, regardless of whether or not a premarket application has been submitted for the product. We note that the March 2019 Draft Guidance had included August 8, 2021, as the date for which FDA would prioritize enforcement for flavored ENDS products that had not submitted premarket applications. A number of comments expressed concern about the impact of the August 2021 date on businesses. For example, several commenters argued that any restriction on the sale or distribution of ENDS products could result in companies going out of business. On the other hand, FDA received many comments suggesting that in light of the problem of increasing youth access and use of ENDS products, FDA should begin enforcing the premarket authorities as applied to deemed new tobacco products earlier than August 8, 2021. Several comments remarked that FDA should have begun enforcing the premarket review requirements against ENDS products already, that FDA’s previous premarket review compliance date extensions enabled some companies to “delay or circumvent areas of regulatory compliance,” and that further delays were contrary to public health. Although FDA considered the potential impact of the draft compliance policy on businesses large and small, we note that, pursuant to the Tobacco Control Act, as of the effective date of the final deeming rule, ENDS products were required to have premarket authorization prior to marketing. While some deemed new tobacco products remained on the market in light of FDA’s deferred enforcement policy, such policies are subject to change. Manufacturers cannot have settled expectations to market unlawful products, especially in the face of evolving public health concerns. Therefore, FDA believes that manufacturers should have begun contemplating and/or preparing premarket applications no later than the time of the final deeming rule. As discussed in Section II.B of this Final Guidance, FDA has repeatedly publicly discussed the fact that enforcement discretion timelines for deemed tobacco products were under reconsideration and solicited views from stakeholders. Manufacturers may obtain information about the application Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 703 of 809 Contains Nonbinding Recommendations 28 process from the statutory criteria, as well as published guidances, webinars, and marketing orders and their accompanying documentation provided by FDA.96 96 For more information on premarket tobacco product applications please see Premarket Tobacco Product Applications for [ENDS], Guidance for Industry (June 2019), available at https://www.fda.gov/regulatory- information/search-fda-guidance-documents/premarket-tobacco-product-applications-electronic-nicotine-delivery- systems-ends; Applications for Premarket Review of New Tobacco Products (updated June 2019) available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications-premarket-review-new- tobacco-products. For more information on CTP’s other published regulations and guidances, please see https://www.fda.gov/tobacco-products/products-guidance-regulations/rules-regulations-and-guidance; for more information on FDA CTP webinars, please see https://www.fda.gov/tobacco-products/compliance-enforcement- training/fda-tobacco-compliance-webinars; for information on marketing orders and accompanying documentation, please see https://www.fda.gov/tobacco-products/compliance-enforcement-training. Under the circumstances, FDA believes that earlier enforcement of the premarket review provisions is appropriate for ENDS products. This policy should result in earlier submission of applications and allow FDA to better evaluate whether these products meet the applicable premarket standard, such as whether the products are appropriate for the protection of the public health, considering the risks and benefits to the population as a whole, including users and nonusers of the tobacco product. Because of FDA’s concerns regarding youth use of ENDS products, as well as other ongoing health concerns regarding vaping more generally, all described at length above, FDA is prioritizing enforcement of premarket review requirements for ENDS products, as described in this section, and is doing so independently of the court order. This will ensure that FDA has the necessary information to exercise adequate, timely oversight over these relatively novel and potentially harmful products. Enforcing premarket authorization requirements will, consistent with the process set forth in the Tobacco Control Act, ensure that the burden falls on manufacturers of ENDS products to demonstrate that the manufacture and sale of their products is appropriate for the protection of the public health. E. Avoiding a “Black Market” FDA is aware of concerns that, given the rise in popularity of ENDS, removal of some of the most popular products from the market may be accompanied by an increase in black market versions of these products that may pose additional health and safety risks to consumers beyond those of the authentic products. Although all newly deemed products currently on the market without premarket authorization are being sold in violation of the Tobacco Control Act, in this section, we use the term “black market” to refer to, for example, products intended to look like another ENDS products that is currently being marketed, products intended to take the place of an ENDS product that a manufacturer has stopped distributing because the product lacks premarket authorization, and ENDS products intended for another country’s market but diverted to the U.S. market. Additional risks posed by these products include the potential that they contain harmful chemicals or constituents that are not present in other products, that they are manufactured using comparatively poor quality controls, and that they are designed in ways that facilitate modifications by distributors or users—all of which increase the risk of adverse events.97 97 E.g., “Amid Vaping Deaths, California Targets Counterfeit Products,” The New York Times (Sept. 17, 2019), available at https://www.nytimes.com/2019/09/16/us/california-vaping.html; “‘Juul-alikes’ Are Filling Shelves With Moreover, to the extent that such products are sold through nontraditional retail Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/regulatory- information/search-fda- guidance-documents/premarket- tobacco-product-applications- electronic-nicotine-delivery- systems-ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/premarket- tobacco-product-applications-electronic-nicotine-delivery-systems-endshttps:// www.fda.g ov/ regulatory - informatio n/search- fda- guidance- document s/ premarket -tobacco- product- applicatio ns- electronic- nicotine- delivery- systems- ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications- premarket-review-new-tobacco-productshttps:// www.fda.gov/ regulatory- information/ search-fda- guidance- documents/ applications- premarket- review-new- tobacco- products https://www.fda.gov/tobacco-products/products-guidance-regulations/rules- regulations-and-guidance https://www.fda.gov/tobacco-products/compliance- enforcement-training/fda-tobacco-compliance- webinars https://www.fda.gov/tobacco- products/compliance- enforcement-training/fda- tobacco-compliance-webinars https://www.fda.gov/tobacco-products/compliance- enforcement-training https://www.nytimes.com/2019/09/16/us/ california-vaping.html 2022/09/13 City Council Post Agenda Page 704 of 809 Contains Nonbinding Recommendations 29 channels, such as social sources or online commercial marketplaces that do not include age- verification requirements, they pose an increased risk of being accessed by minors. FDA has regulatory tools and enforcement authorities to address ENDS and other tobacco products that are marketed without authorization, that are counterfeit, and/or that are otherwise involved in illicit trade.98 98 See, e.g., sections 301, 902, 903, 905, 910, and 920 of the FD&C Act. FDA has previously issued letters to companies suspected of marketing counterfeit or otherwise unauthorized products.99 99 E.g., “Statement from FDA Commissioner Scott Gottlieb, M.D., on forceful new actions focused on retailers, manufacturers to combat youth access to e-cigarettes as part of FDA’s Youth Tobacco Prevention Plan,” available at: https://www.fda.gov/news-events/press-announcements/statement-fda-commissioner-scott-gottlieb-md-forceful- new-actions-focused-retailers-manufacturers. Additional potential actions against adulterated or misbranded illicit tobacco could include: (1) issuing a Warning Letter; (2) issuing an import alert and refusing admission of tobacco products imported or offered for import into the United States; and (3) initiating seizure or injunction court actions. Persons engaging in illicit trade in tobacco products may also be criminally prosecuted under the law. As a result of this policy, FDA will be better situated to combat black market products, including those that are particularly troubling from a public health or safety perspective, such as counterfeit pods entering the country at the border or being sold through illicit, online channels. By prioritizing our focus as outlined in Section IV.D, the Agency can target our supply chain surveillance and investigation resources on the types of ENDS products that are likely to be subject to counterfeiting and/or sale on the black market. As a result, we will be able to more efficiently and effectively deploy our enforcement tools to get counterfeit and black market products off the market. Moreover, FDA believes that there are significant public health benefits of the policy set forth in this guidance, which is aimed at curbing the dramatic rise in youth use of ENDS products and will help address safety issues connected to ENDS products that are not fully understood—e.g., the development of acute or chronic lung injuries associated with use of vaping products as well as battery explosions with ENDS products—particularly given that these products have been marketed without premarket evaluation. These current public health issues affirm the importance of the premarket review process, as contemplated by the Tobacco Control Act, to scientifically evaluate products based on a public health standard. V. PREMARKET REVIEW FOR OTHER DEEMED NEW TOBACCO PRODUCTS FDA remains concerned with minors’ access to and use of all tobacco products, particularly flavored tobacco products, which appeal to minors and promote initiation.100 100 U.S. Department of Health and Human Services, “E-cigarette Use Among Youth and Young Adults: A Report of the Surgeon General,” 2016; Villanti, A.C., A.L. Johnson, B.K. Ambrose, et al., “Flavored Tobacco Product Use in Youth and Adults: Findings From the First Wave of the PATH Study (2013-2014),” American Journal of Preventive Medicine, 53(2); 139-151, 2017. In addition to the Sweet, Teen-Friendly Nicotine Flavors” The New York Times (Aug. 13, 2019), available at https://www.nytimes.com/2019/08/13/health/juul-flavors-nicotine.html; Omaiye, E.E., I. Cordova, B. Davis, et. al., Counterfeit Electronic Cigarette Products with Mislabeled Nicotine Concentrations,” Tobacco Regulatory Science, 3(3): 347–357, 2017. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.nytimes.com/2019/08/13/health/juul- flavors-nicotine.html https://www.fda.gov/news-events/press-announcements/statement-fda-commissioner- scott-gottlieb-md-forceful-new-actions-focused-retailers-manufacturershttps://www.fda.gov/news-events/ press-announcements/statement- fda-commissioner-scott-gottlieb- md-forceful-new-actions-focused- retailers-manufacturers 2022/09/13 City Council Post Agenda Page 705 of 809 Contains Nonbinding Recommendations 30 tobacco products covered earlier in this guidance document, FDA has considered revising its enforcement priorities with respect to premarket authorization for other deemed new tobacco products. We note that several comments on the March 2019 Draft Guidance suggested that FDA begin immediately enforcing the premarket requirements for flavored deemed tobacco products such as cigars and other deemed tobacco products. FDA received numerous comments relating to the proposed policy for flavored cigars in the March 2019 Draft Guidance. Some of the comments were supportive of that proposed policy, although some wanted the Agency to take even more aggressive action. Other comments opposed inclusion of flavored cigars as an enforcement priority and disagreed with the bases for the proposed policy. For example, some commenters argued that flavored cigars are used most commonly by adult users and that the inclusion of flavored cigars as an enforcement priority limits adults’ freedom to choose their preferred product. Other commenters argued that FDA did not have the data necessary to support the need for “a drastic and unprecedented change in enforcement priorities.” Some commenters also stated that the evidence cited by FDA discussing initiation of youth usage of flavored cigars was inconsistent and inconclusive. After consideration of the data regarding youth use of cigars generally and comments received on this issue, we have decided to not prioritize enforcement of flavored cigars before September 9, 2020. While there is no public health benefit associated with flavored cigars and FDA remains concerned with youth use of flavored cigars, current data indicate that youth are using flavored cigars at a lower rate than they are using flavored ENDS products. Comments regarding deemed tobacco products other than ENDS products and cigars, such as waterpipe tobacco (hookah) products, also provided data showing the use of such tobacco products among high school students and stating that evidence reflects that flavors for these tobacco products entice youth. However, such data do not appear to raise comparably urgent public health concerns, as the lower prevalence of youth use of these products suggests that they do not appear to be as appealing to youth at this time. Accordingly, at this time, FDA has decided to prioritize use of its limited enforcement resources to address the sudden and dramatic increase in youth use of ENDS products, as well as to focus on health and safety concerns connected to ENDS products such as vaping-associated lung injuries. While acknowledging that all new tobacco products on the market without the required authorization are marketed unlawfully and are potentially subject to enforcement action, at any time, in FDA’s discretion, FDA’s primary focus will be to address the sudden and dramatic increase in youth use of ENDS products, and the products covered by this section of the guidance will therefore be a lower priority. We have decided not to prioritize enforcement of the tobacco products covered by this section before September 9, 2020. Manufacturers of flavored cigars, however, just like manufacturers of all other deemed new tobacco products, will be required to submit marketing applications for those products by September 9, 2020, consistent with the U.S. District Court for the District of Maryland’s order directing FDA to require that applications be submitted to the Agency by September 9, 2020, for deemed new tobacco products on the market as of August 8, 2016, or be subject to FDA enforcement actions, in FDA’s discretion. As part of the premarket review process, FDA may evaluate, among other things, the product’s constituents, ingredients, Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 706 of 809 Contains Nonbinding Recommendations 31 additives, and properties; manufacturing practices; and any studies or investigations into the health risks of the tobacco product. FDA also has stated its intention to issue a regulation that would ban the use of characterizing flavors in cigars, and FDA is actively working towards that proposed rule. After September 9, 2020, FDA will make enforcement decisions on a case-by-case basis, recognizing that it is unable, as a practical matter, to take enforcement action against every illegally marketed tobacco product, and that it needs to make the best use of Agency resources. FDA intends to prioritize enforcement based on the likelihood of youth use or initiation to make the most efficient use of its resources. In assessing this, factors the Agency intends to consider include, but are not limited to: What FDA understands about the number of youth currently using the product or category of product; The trends in those numbers, particularly since 2016; Whether the product contains added flavors; What FDA understands about how the product or category of product is typically sold and how that is likely to impact access and use by minors; and What FDA understands about the frequency and other demographics of use by minors. To illustrate, based on these factors, FDA’s lowest priority among these products will include relatively expensive, large hand-rolled cigars that do not have flavors (e.g., fruit, candy, or mint), given what FDA understands to be their comparatively lower youth usage rates. FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data, and it will continue to do so with respect to these products. FDA will take appropriate action regarding tobacco products that are marketed without premarket authorization, including as warranted based on changed circumstances, new information, or to better address minors’ use of those products. VI. DOCUMENT HISTORY January 2020 – First edition of guidance issued. April 2020 – Guidance is revised to reflect the court’s order in American Academy of Pediatrics, et al. v. Food and Drug Administration, et al., Case No. 8:18-cv-883 (PWG), (D. Md. Apr. 22, 2020), Dkt. No. 182, granting a motion for a 120-day extension (until September 9, 2020) in light of the global outbreak of respiratory illness caused by a new coronavirus. Specific revisions include the following: Section II.A – Added reference to order granting 120-day extension. Section IV.A (and throughout) – Changed language stating that FDA’s new enforcement priorities would begin “30 days after issuance of this Final Guidance” to “February 6, Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 707 of 809 Contains Nonbinding Recommendations 32 2020,” which is 30 days after the Notice of Availability announcing the Final Guidance was published. Section IV.A (and throughout document) – Changed “May 12, 2020” to “September 9, 2020.” Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 708 of 809 Contains Nonbinding Recommendations 33 APPENDIX A – SIGNIFICANT COMMENTS RECEIVED IN RESPONSE TO MARCH 2019 DRAFT GUIDANCE AND FDA RESPONSES Legal and statutory framework issues Comment Response FDA should engage in legislative rulemaking process The draft guidance constituted a major rule and FDA has not followed procedures established by the Administrative Procedure Act (APA) governing the promulgation of rules The Regulatory Flexibility Act requires an analysis of a proposed rule’s impact on small business and FDA has not conducted such an analysis FDA is bypassing the requirement to conduct a cost benefit analysis by issuing a guidance instead of formal rule FDA has not considered regulatory alternatives to the approach outlined in the draft guidance This action would impose costs and adverse effects on industry which constitutes a major rule which should be subject to the requirements under the Congressional Review Act Though guidance documents are non- binding, the way the guidance is written, retail outlets would need to comply with standards suggested by the draft guidance as though they were law Engaging in rulemaking would offer more substantial opportunity for stakeholders to provide public comments and would provide clarity on what stakeholders through the supply and retail chain) needed to do to come into compliance The Final Guidance is a statement of policy that discusses the enforcement of premarket authorities already existing in the statute. It does not establish any rights for any person, is not binding on FDA or the public, and is not subject to requirements of the Regulatory Flexibility Act or the notice-and-comment provisions of the APA. Historically, FDA has not analyzed the economic effects of enforcement guidance, including for reasons such as difficulty in predicting such effects. Alternatives such as issuing warning letters and other enforcement techniques have been considered and used by the Agency. Despite this, as shown by the data highlighted in the Final Guidance, the rate of youth use of tobacco products (particularly fruit- and candy-flavored and mint-flavored ENDS products) has dramatically increased. FDA retains discretion to enforce premarket authorities. The relevant substantive requirements are those governing premarket authorization as set forth in Section 910. The Final Guidance does not impose new restrictions, for retailers or manufacturers, but rather discusses FDA’s enforcement priorities for existing statutory requirements. In Section 910, Congress placed the onus on manufacturers to demonstrate that the marketing of a tobacco product is appropriate for the protection of the public health, taking into account, among other things, the likelihood that those who do not use tobacco products will start using them. FDA provided for a 45-day period for comment on the draft guidance, and interested parties may continue to submit comments after publication of the final guidance, providing a substantial opportunity for public input. FDA is bypassing statutory restrictions on its discretionary enforcement authority and obligations related to rulemaking, by threatening selective enforcement of its premarket authorization authority. FDA has discretion to decide how when to enforce its premarket authorization authorities under the FD&C Act. See Heckler v. Chaney, 470 U.S. 821, 835 (1985). The Final Guidance is a statement of policy that Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 709 of 809 Contains Nonbinding Recommendations 34 outlines FDA’s enforcement priorities with respect to such requirements. Guidance should conform to Section 907. Actions in this guidance should conform to Section 907, which obligates FDA to consider factors not addressed by the guidance, including technical achievability and countervailing effects. FDA should not adopt modifications to compliance policy but should instead follow through with a rule that considers the comments from FDA’s ANPRM on Flavors in Tobacco Products. Section 907 refers to tobacco product standards. This Final Guidance is not setting tobacco product standards, such as a tobacco product standard restricting or eliminating the use of flavors in ENDS. Instead, it is explaining FDA’s enforcement priorities for premarket review requirements already included in the Tobacco Control Act. A flavored product could be marketed consistent with this guidance if it meets the statutory standards for authorization. For example, in April 2019, FDA authorized the marketing of a menthol-flavored IQOS heat-not-burn cigarette product through the PMTA pathway.101 101 For more information please see https://www.fda.gov/news-events/press-announcements/fda-permits-sale-iqos- tobacco-heating-system-through-premarket-tobacco-product-application-pathway. FDA is supposed to be an advisory agency, not a regulatory agency, and its actions are an overreach. The Tobacco Control Act provides FDA with regulatory authority over tobacco products. FDA’s proposed actions are arbitrary and capricious because it has failed to provide adequate reasoning/scientific reasoning/used incomplete or incorrect data. The enforcement priorities explained in the Final Guidance are based upon and supported by, among other things, multiple high-quality scientific data sources (e.g., NYTS, PATH, MTF). FDA has failed to connect the proposed policy to an official finding that the actions were appropriate for the protection of public health.” The Final Guidance discusses the enforcement of premarket authorities already existing in statute. Section 910 places the onus on manufacturers to show that the marketing of a tobacco product would be appropriate for the protection of the public health, not on the FDA to show otherwise. The Tobacco Control Act uses the term “appropriate for the protection of the public health,” in section 910 and several other provisions. The considerations identified in the statute typically include analysis of whether the action would increase or decrease the likelihood that existing users of tobacco products would stop using such products, and whether it would increase or decrease the likelihood that those who do not use tobacco products will start using the products. The Guidance reflects these considerations. FDA has been unresponsive/lack of clarity. Manufacturers have been relying on guidance and information since the deeming rule; this is a drastic departure FDA has communicated its concerns regarding the increase in youth access in public statements, the March 2019 draft guidance, and requests for information to manufacturers. FDA has consistently Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/news-events/press-announcements/fda- permits-sale-iqos-tobacco-heating-system-through- premarket-tobacco-product-application-pathway https://www.fda.gov/news-events/press-announcements/fda- permits-sale-iqos-tobacco-heating-system-through-premarket- tobacco-product-application-pathway 2022/09/13 City Council Post Agenda Page 710 of 809 Contains Nonbinding Recommendations 35 from deeming and guidances issued since deeming. Difficult to keep track of FDA’s policies and compliance requirements. informed industry that its compliance policies will be responsive to changed circumstances. There could be no reasonable reliance on a deferred enforcement policy subject to change at any time. The guidance explains why the changed circumstances warrant this prioritization; i.e., the substantial increase in youth use of ENDS in addition to other health and safety considerations. FDA has always stated (and the Tobacco Control Act itself is clear) that deemed new tobacco products are required to obtain premarket authorization and that such products that remain on the market without marketing authorization are marketed unlawfully. FDA has stated it will provide further guidance and issue rules to make the product review process more transparent and predictable but has not done so. FDA has provided guidance and information to industry on the premarket pathways through publishing guidances and marketing orders, as well as posting information via webinars and public workshops.102 102 For more information on premarket tobacco product applications please see Premarket Tobacco Product Applications for [ENDS], Guidance for Industry (June 2019), available at https://www.fda.gov/regulatory- information/search-fda-guidance-documents/premarket-tobacco-product-applications-electronic-nicotine-delivery- systems-ends; Applications for Premarket Review of New Tobacco Products (updated June 2019) available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications-premarket-review-new- tobacco-products. For more information on CTP’s other published regulations and guidances, please see https://www.fda.gov/tobacco-products/products-guidance-regulations/rules-regulations-and-guidance; for more information on FDA CTP webinars, please see https://www.fda.gov/tobacco-products/compliance-enforcement- training/fda-tobacco-compliance-webinars; for information on marketing orders and accompanying documentation, please see https://www.fda.gov/tobacco-products/compliance-enforcement-training. The statute also informs the public of the information needed in a premarket tobacco product application. Industry members have successfully obtained marketing authorization orders with information currently available. Draft guidance would have unjustifiable retroactive effects on industry actors who were “in compliance” with FDA’s previous policy. This Final Guidance would only affect those products that are illegally on the market; none of the products affected by the guidance were ever in compliance with the premarket authorization requirements of the law. FDA has consistently informed industry that its compliance policies will be responsive to changed circumstances. As discussed in the guidance, FDA stated in the notice of proposed rulemaking for the Deeming Rule, that the overall public health impact of ENDS products would depend crucially upon “who uses the products and how they are used. If such products result in minimal initiation by children and adolescents while significant numbers of smokers quit, then there is a potential for the net impact at the Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/regulatory- information/search-fda- guidance-documents/premarket- tobacco-product-applications- electronic-nicotine-delivery- systems-ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/premarket- tobacco-product-applications-electronic-nicotine-delivery-systems-endshttps:// www.fda.g ov/ regulatory - informatio n/search- fda- guidance- document s/ premarket -tobacco- product- applicatio ns- electronic- nicotine- delivery- systems- ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications- premarket-review-new-tobacco-productshttps:// www.fda.gov/ regulatory- information/ search-fda- guidance- documents/ applications- premarket- review-new- tobacco- products https://www.fda.gov/tobacco-products/products-guidance-regulations/rules- regulations-and-guidance https://www.fda.gov/tobacco-products/compliance- enforcement-training/fda-tobacco-compliance- webinars https://www.fda.gov/tobacco- products/compliance- enforcement-training/fda- tobacco-compliance-webinars https://www.fda.gov/tobacco-products/compliance- enforcement-training 2022/09/13 City Council Post Agenda Page 711 of 809 Contains Nonbinding Recommendations 36 population level to be positive. If, on the other hand, there is significant initiation by youth, minimal quitting, or significant dual use of combust[ed] and non-combust[ed] products, then the public health impact could be negative.” As such policies are subject to change, manufacturers cannot have settled expectations to market unlawful products, especially in the face of evolving public health concerns. Therefore, FDA believes that manufacturers should have begun contemplating and/or preparing premarket applications at no later than the time of the final deeming rule. Draft guidance will kill innovation and force industry out of work. FDA disagrees that the Final Guidance will cause these results. The Final Guidance explains FDA’s enforcement priorities for certain deemed new products that are being marketed without required premarket tobacco product authorization. The Final Guidance would only affect those products that are illegally on the market; none of the products affected by the guidance were ever in compliance with the premarket authorization requirements of the law. In any event, FDA believes that the use of premarket pathways will incentivize development of innovative tobacco products that meet the applicable statutory standards. Draft guidance policy on marketing practices would violate the First Amendment as it represents an impermissibly broad commercial speech restriction. FDA disagrees that the Final Guidance violates the First Amendment. Speech regarding an illegal activity including distribution of a product that requires premarket review under the FDCA – is not protected under the First Amendment. See United States v. Caputo, 517 F.3d 935, 941 (7th Cir. 2008) (unapproved device); United States v. LeBeau, 654 Fed. App’x 826, 831 (7th Cir. 2016) (unapproved drug); United States v. Cole, 84 F. Supp. 3d 1159, 11-66-67 (D. Or. 2015) unapproved drug). Even if the First Amendment were applicable, the government has a substantial interest in protecting youth from tobacco products, and prioritizing enforcement actions with respect to ENDS products targeted to, or likely to promote use by, minors is a reasonable measure to directly advance that interest. See, e.g., Discount Tobacco City & Lottery, Inc. v. United States, 674 F.3d 509, 536 (6th Cir. 2012). We have provided additional examples for clarity in the Final Guidance. Modifications to ENDS Compliance Policy – Flavored ENDS except Tobacco, Mint, Menthol Comment Response Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 712 of 809 Contains Nonbinding Recommendations 37 There is no evidence/limited evidence to connect liquid nicotine use with harmful health effects in youth. As discussed in the Final Guidance the studies of the effects of nicotine exposure in the naïve adolescent brain find that the adolescent brain is uniquely vulnerable to nicotine compared to the adult brain. Repeated exposure to nicotine during adolescence induces long-lasting structural and functional changes in brain regions involved in addiction, attention, learning, and memory.103 103 McDonald, C.G., A.K. Eppolito, J.M. Brielmaier, et. al., “Evidence for elevated nicotine-induced structural plasticity in nucleus accumbens of adolescent rats,” Brain Research, 1151, 211-218, 2007; doi: 10.1016/j.brainres.2007.03.019; Bergstrom, H.C., R.F. Smith,, N.S. Mollinedo, et al., “Chronic nicotine exposure produces lateralized, age-dependent dendritic remodeling in the rodent basolateral amygdala,” Synapse, 64(10), 754- 764, 2010; doi:10.1002/syn.20783; England, L.J., K. Aagaard, M. Bloch, et al., “Developmental toxicity of nicotine: a transdisciplinary synthesis and implications for emerging tobacco products,” Neuroscience and Biobehavioral Reviews, 72:176-189, 2017. Studies further suggest that nicotine-induced changes in the adolescent brain can lead to long-lasting effects on cognitive function, such as cognitive deficits following nicotine abstinence, and may contribute to the risk for mood and anxiety disorders. Nicotine is the primary addictive substance in tobacco products, including e-cigarettes and combustible cigarettes. The rate and extent of nicotine delivery significantly impact product abuse liability. Higher nicotine content and faster rates of nicotine delivery increase products’ abuse liability due to the rapid absorption of nicotine into the brain. Some e-cigarettes are capable of achieving similar or greater nicotine delivery as cigarettes.104 104 Hiler, M., A. Breland, T. Spindle, et al., “Electronic cigarette user plasma nicotine concentration, puff topography, heart rate, and subjective effects: Influence of liquid nicotine concentration and user experience,” Experimental and Clinical Pharmacology, 25(5), 380-392, 2017; doi:10.1037/pha0000140; Lopez, A.A., M.M. Hiler, E.K. Soule, et al., “Effects of Electronic Cigarette Liquid Nicotine Concentration on Plasma Nicotine and Puff Topography in Tobacco Cigarette Smokers: A Preliminary Report,” Nicotine & Tobacco Research, 18(5):720-723, 2016; doi:10.1093/ntr/ntv182; Maloney, S. F., A. Breland, E.K. Soule, et al. “Abuse liability assessment of an electronic cigarette in combustible cigarette smokers,” Experimental and Clinical Psychopharmacology, 27(5):443- 454, 2019; doi:10.1037/pha0000261; O’Connell, G., J.D. Pritchard, C. Prue, et al, “A randomised, open-label, cross- over clinical study to evaluate the pharmacokinetic profiles of cigarettes and e-cigarettes with nicotine salt formulations in US adult smokers,” Internal and Emergency Medicine, 14(6):853-861, 2019; doi:10.1007/s11739- 019-02025-3; Ramoa, C. P., M.M. Hiler, T.R. Spindle, et al. “Electronic cigarette nicotine delivery can exceed that of combustible cigarettes: a preliminary report,” Tobacco Control, 25(e1): e6-9, 2016; doi:10.1136/tobaccocontrol- 2015-052447; Yan, X. S., & C. D’Ruiz, “Effects of using electronic cigarettes on nicotine delivery and cardiovascular function in comparison with regular cigarettes,” Regulatory Toxicology and Pharmacology, 71(1):24- 34, 2015; doi:10.1016/j.yrtph.2014.11.004. Banning” flavors outside of tobacco, mint, and menthol would deter cigarette smokers from The Final Guidance does not ban any products but rather identifies FDA’s priorities in connection with the enforcement of the statutory premarket review Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 713 of 809 Contains Nonbinding Recommendations 38 quitting or force smokers to restart smoking if they have already quit. Smokers trying to quit smoking avoid tobacco-, mint-, and menthol-flavored products because they are too similar to flavors of a traditional cigarette. Stricter policies for ENDS products for youth should not come at expense of adult users. requirements. Moreover, the policy announced in the Final Guidance does not prioritize any menthol- flavored, tobacco-flavored, or non-flavored ENDS products or any non-cartridge-based flavored ENDS products for enforcement where the manufacturer is taking adequate measures to prevent minors’ access to these products. Additionally, consumers will be able to access ENDS products (including flavored ENDS products) that receive market authorization. Nicotine replacement therapy products also remain available for tobacco product users who may need assistance with withdrawal symptoms and are also available in several flavors. Available research does not support the argument that smokers trying to quit smoking and transition to ENDS products avoid tobacco and menthol-flavored ENDS products because they are too similar to traditional cigarette flavors. FDA has repeatedly emphasized that the availability of non-combustible options should not come at the expense of addicting a generation of children to nicotine through these same delivery vehicles. FDA believes that this policy strikes an appropriate balance between preventing youth access to ENDS products and maintaining availability of potentially less harmful options for current adult smokers who have transitioned or wish to transition completely away from combusted tobacco products. No basis for prioritizing flavored ENDS products. The policy will not be successful at keeping kids from using these products; kids use anything that is taboo and illegal. Youth are more attracted to these products due to peer use than flavors. Youth use ENDS products for nicotine delivery not for flavors. Only a correlative, not causal, relationship between youth preference for flavors and increased ENDS usage. As discussed in the Final Guidance, data from 2018 NYTS as well as from 2019 Monitoring the Future study and 2019 NYTS show a significant increase in youth use of these products. Data also clearly show that flavors are a primary driver in youth experimentation with, and continued use of, ENDS products, and that the flavored ENDS products overwhelmingly used by youth are cartridge-based products. The policy outlined in the Final Guidance prioritizes enforcement of ENDS products that are targeted to minors or likely to promote use of ENDS by minors. FDA expects that this policy and others stated in the guidance will make fewer products available and more difficult for youth to obtain. No basis for excluding tobacco, mint, and menthol from prioritization. The Final Guidance explains that FDA intends to prioritize mint-flavored, cartridge-based ENDS products (and any other flavored, cartridge-based Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 714 of 809 Contains Nonbinding Recommendations 39 General increasing popularity of mint and menthol ENDS products amongst youth populations. Mint- and menthol-flavored products drive youth ENDS usage. Flavors clearly increase appeal of ENDS products and some flavors have toxic effects and documented respiratory toxicity. ENDS product, other than tobacco- or menthol- flavored ENDS products) for enforcement for lack of a marketing authorization. The guidance also explains that FDA intends to prioritize enforcement for lack of a marketing authorization for any tobacco- or menthol- flavored ENDS products and non-cartridge-based flavored ENDS products when the manufacturer is not taking adequate measures to prevent minors’ access to these products. Data shows that tobacco- and menthol-flavored ENDS products are not as appealing to minors as other flavored ENDS products. While the NYTS groups mint- and menthol-flavored products together, a randomly-selected third of respondents to the Monitoring the Future (MTF) study were asked specifically about their preferred flavors of JUUL and reported use of menthol- and tobacco-flavored products were among the lowest ranked options. Based on the available data and FDA’s interest in balancing between preventing youth usage and preserving options for adults trying to transition away from combustible products, FDA is not prioritizing enforcement against tobacco-, menthol-, and non- flavored ENDS products or non-cartridge-based flavored ENDS products except when the manufacturer is not taking adequate measures to prevent minors’ access to these products. Prioritizing flavors for enforcement will create a significant black market for “banned” flavors outside those that are exempted. By black market flavored products, we assume this could refer to, for example, flavored ENDS products, including e-liquids, put on the market after the guidance, flavored ENDS products diverted from another country’s market to the U.S market, and/or flavored ENDS products made to look like another ENDS product that is currently being marketed. FDA has regulatory tools and enforcement authorities to address deemed tobacco products that are marketed without authorization, counterfeit, and/or otherwise involved in illicit trade. See, e.g., sections 301, 902, 903, 905, 910, and 920 of the FD&C Act. This Final Guidance describes the Agency’s enforcement priorities for products that are on the market without the required premarket authorization—it does not ban any tobacco product— and illicit ENDS products are necessarily subject to the enforcement priorities identified in the guidance as they do not have premarket authorization. Thus, FDA believes that this policy will not significantly increase Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 715 of 809 Contains Nonbinding Recommendations 40 illicit practices or create new illicit markets, and it could help FDA better address such practices. Once products receive premarket authorization, they can legally enter the market. FDA believes that there are significant public health benefits of the policy set forth in the guidance, which is aimed at curbing the dramatic rise in youth use of ENDS products and will help address safety issues connected to ENDS products that are not fully understood—e.g., lung injuries associated with use of vaping products as well as battery explosions with ENDS products—particularly given that these products have been marketed without premarket evaluation. These current public health issues affirm the importance of the premarket review process, as contemplated by the Tobacco Control Act, to scientifically evaluate products based on a public health standard. FDA believes that by pursuing this policy the Agency will be better able to monitor and identify illicit cartridge-based products that are threats to public health and safety. As flavored, cartridge- based products exit the market until they are able to demonstrate that they meet the applicable public health standard and receive authorization, the number of potential flavored, cartridge-based products that could cause these threats will shrink to a more manageable number for FDA to monitor. Thus, FDA expects that to the extent any illicit markets were to develop with respect to cartridge-based products in an attempt to evade premarket review requirements, this guidance will help FDA better address the public health threats caused by such markets and the overall public health benefits that will likely accrue as a result of the guidance will be greater than any negative effects of increased illicit markets. Moreover, FDA does not believe that the Agency should refrain from enforcing existing statutory authorities merely because regulated entities could find other ways to violate such authorities. The Agency can, and will, continue to monitor the marketing and use of ENDS and other tobacco products, and adjust its policies and approaches as warranted. Many other harmful products (e.g., alcohol) are available in various flavors attractive to youth; it is inconsistent to only prioritize for enforcement flavored ENDS products. The policy expressed in this Final Guidance is limited solely to tobacco products over which FDA has statutory authority. The focus of this guidance and the Agency’s enforcement priorities is tobacco products, Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 716 of 809 Contains Nonbinding Recommendations 41 specifically certain ENDS products. Moreover, this comment is about flavored alcohol products that are lawfully on the market, whereas this guidance concerns products being sold in violation of the requirement to have premarket authorization, where the product’s ingredients and additives are among the considerations in the premarket review. FDA should focus its enforcement priorities on products that contain nicotine salts and/or should specify differences between nicotine and nicotine salts. FDA believes that ENDS products containing nicotine salts will be adequately addressed by the enforcement priorities set in this Final Guidance. Research is ongoing to better understand the abuse liability associated with nicotine-salt based e-liquids and new cartridge-style ENDS products, the potential for initiation in youth and nonusers, and the potential for switching from combusted cigarettes in current smokers from use of these products. Preliminary research indicates that nicotine salts in ENDS products can drive nicotine exposures in users higher than ENDS containing freebase nicotine; these exposures can also be comparable to or potentially higher than cigarettes.105 105 Goniewicz, M. L., R. Boykan, C.R. Messina, et al., “High exposure to nicotine among adolescents who use Juul and other vape pod systems (‘pods’),” Tobacco Control, 28(6), 2019; doi:10.1136/tobaccocontrol-2018-054565; Talih, S., R. Salman, R. El-Hage, et al, “Characteristics and toxicant emissions of JUUL electronic cigarettes,” Tobacco Control, 28(6):678-680, 2019; doi:10.1136/tobaccocontrol-2018-054616; Teichert, A., P. Brossard, L.F. Medlin, et al, “Evaluation of Nicotine Pharmacokinetics and Subjective Effects following Use of a Novel Nicotine Delivery System,” Nicotine Tobacco Research, 20(4):458-465, 458-465; doi:10.1093/ntr/ntx093. In addition to greater nicotine exposures, ENDS with nicotine salts can have faster absorption106 106 O’Connell, G., J.D. Pritchard, C. Prue, et al., “A randomised, open-label, cross-over clinical study to evaluate the pharmacokinetic profiles of cigarettes and e-cigarettes with nicotine salt formulations in US adult smokers,” Internal and Emergency Medicine, 14:853-861, 2019; doi:10.1007/s11739-019-02025-3. and potentially faster elimination from the blood.107 107 Bowen, A., & C. Xing, “Nicotine Salt Formulations for Aerosol Devices and Methods Thereof,” United States Patent, Pub. No. US 2015/0020824, 2015, https://patentimages.storage.googleapis.com/57/f8/7e/2db69f396801d5/US20150020824A1.pdf (visited Oct 8 2019). These factors can increase the abuse liability of ENDS with nicotine salts compared to freebase nicotine, and potentially cigarettes. The higher abuse liability of ENDS with nicotine salts compared to freebase nicotine raises concerns of addiction in youth, particularly due to the vulnerability of the developing adolescent brain. However, for many individual addicted cigarette smokers, the potential for ENDS to act as a substitute for cigarettes, Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://patentimages.storage.googleapis.com/57/f8/7e/2db69f396801d5/ US20150020824A1.pdf 2022/09/13 City Council Post Agenda Page 717 of 809 Contains Nonbinding Recommendations 42 thereby encouraging smokers to seek to switch completely away from combustible cigarettes, may be dependent, in part, upon the product having acceptability and abuse liability more comparable to a cigarette. The Final Guidance focuses FDA’s priorities on flavored, cartridge-based ENDS products because data show that flavors are a strong driver for youth use, and that youth overwhelmingly prefer cartridge-based ENDS products. However, FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data, including any data on ENDS products containing nicotine salts, and it will continue to do so with respect to these products. FDA should focus its enforcement priorities on cartridge-based ENDS products. FDA is concerned about the rising youth appeal and use of ENDS products. The data show that flavors are a strong driver for youth use, and that youth overwhelmingly use cartridge-based ENDS products. Accordingly, such products are a key focus of the Final Guidance. FDA will, however, take appropriate action regarding ENDS that are marketed without premarket authorization, including as warranted based on changed circumstances, new information, or to better address minors’ use of those products. Modifications to ENDS Compliance Policy – Offered for sale in ways that pose a greater risk for minors to access such products Comment Response The Tobacco Control Act prohibits FDA from restricting tobacco sales to a specific category of retail outlets. FDA is not restricting or even prioritizing enforcement against ENDS products sold in a specific category of retail outlets. Although the March 2019 Draft Guidance proposed to focus its enforcement priorities for flavored ENDS products on how the product was sold (regardless of the type of retail establishment), after considering the comments, the public health threats, and new evidence, FDA determined that focusing on how the product was sold would not be sufficient to address youth use of these products. Given the urgent need to address the dramatic rise in youth use, this Final Guidance prioritizes enforcement with respect to any flavored, cartridge-based ENDS products (other than a tobacco- and menthol-flavored ENDS product) without regard to the location or method of sale. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 718 of 809 Contains Nonbinding Recommendations 43 With respect to tobacco-, menthol-, and non-flavored ENDS products as well as flavored cartridge-based ENDS products, the Final Guidance states that FDA does not intend to prioritize enforcement where manufacturers have taken adequate measures to prevent youth access. These types of measures generally are among those that manufacturers have informed FDA that they are capable of implementing for ENDS products and none involve a specific category of retail outlet. Lack of clarity for retail locations Should retail locations have age verification at their door or a separate room for the sale of any ENDS products? Can retail locations employ less burdensome alternatives? Concern that the policy could make traditional cigarette products more easily accessible than ENDS products. Need clarity on how manufacturers or wholesalers can document adequate measures to prevent youth access. How are retail outlets supposed to balance space constraints with youth access concerns? FDA should give existing enforcement mechanisms the chance to succeed or focus on enforcing existing mechanisms before instituting new policy. FDA has provided additional details regarding factors that it intends to consider in assessing whether a manufacturer is taking adequate measures to prevent youth access. For example, the Final Guidance lists several different types of programs to monitor compliance with age-verification and sales restrictions, all of which are programs that some manufacturers have stated they are capable of implementing for ENDS products. Unlike the Draft Guidance, it does not include, as a factor for prioritization, whether the product is sold by retailers in a location where minors are able to enter at any time. The March 2019 Draft Guidance proposed to focus its enforcement priorities of flavored ENDS products on how the product was sold (regardless of the type of retail establishment). After considering the comments, the public health threats, and new evidence, FDA determined that, to address youth use of these products, this Final Guidance should prioritize enforcement with respect to any flavored, cartridge- based ENDS products (other than a tobacco- and menthol-flavored ENDS product) without regard to the location or method of sale. The alarming data on the increase in youth use of ENDS products shows that the FDA’s enforcement efforts to date did not adequately address this problem. Enforcement priorities would effectively ban many retailers from selling ENDS products while allowing sales from vape shops and online retailers. Concerns that many retailers will be forced to close. Concerns that this will just cause retailers to shift unauthorized products to vape shops and other stores. This Final Guidance prioritizes enforcement with respect to any flavored, cartridge-based ENDS products (other than a tobacco- and menthol-flavored product) without regard to the location or method of sale. In addition, the Final Guidance explains that FDA intends to prioritize enforcement for lack of a marketing authorization for tobacco-, menthol-, and non-flavored ENDS products and for non-cartridge- Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 719 of 809 Contains Nonbinding Recommendations 44 Concerns about the rise in youth use of open tank systems and sourcing of e-vapor products at vape shops, as indicated by an analysis of Wave 2 (2014-2015) to Wave 3 2015-2016) of results from the PATH study. based flavored ENDS products where the manufacturer is not taking adequate measures to prevent youth access to ENDS products. For example, the Final Guidance lists several different types of programs to foster compliance with age-verification and sales restrictions, all of which are programs that some manufacturers have stated they are capable of implementing for ENDS products. Finally, FDA notes that there has been a dramatic rise in youth use of cartridge-based ENDS products since Wave 3 of the PATH study was completed in 2016, as demonstrated by results from the NYTS in 2018 and 2019. These recent data inform FDA’s serious public health concerns regarding the sale of certain flavored, cartridge-based products without premarket authorization. Moreover, although this Final Guidance should have minimal impact on those vape shops that primarily sell non-cartridge ENDS products and ensure that purchasers are of the requisite age and are not purchasing for resale (e.g., are not purchasing in large quantities), should evidence indicate to the contrary, the Agency will take appropriate action. Stricter enforcement of current age verifications rules would be an effective enforcement strategy. Lax enforcement is a primary driver of youth ENDS use. FDA should increase penalties to retailers who violate current regulations and sell to minors. Age verification should be as strong as it is for alcohol. There is a need for stricter age verification for online sales of ENDS products. As described in the Final Guidance, FDA vigorously enforces the age verification requirements in its compliance check program. FDA has been focusing enforcement efforts on age verification as a strategy to address youth use of tobacco products, and FDA continues to enforce age restrictions. However, FDA believes that age verification alone is not sufficient to address this issue, given the most recent data that youth use of ENDS products continues to increase. FDA determined that focusing on how the product was sold would not be sufficient to address youth use of these products given the many sources of products available for youth access. The reality is that youth have continued access to ENDS products in the face of legal prohibitions and even after voluntary actions by some manufacturers. FDA believes that the policy expressed in the Final Guidance is a more appropriate means to combat youth use of, and access to, these products. Many companies already comply with age verification requirements. Policies that encourage additional measures would harm law-abiding retailers. The Final Guidance does not require additional age verification measures. Instead, it states that FDA intends to prioritize enforcement for lack of a marketing authorization for tobacco-, menthol-, and non-flavored ENDS products as well as non-cartridge- Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 720 of 809 Contains Nonbinding Recommendations 45 based flavored ENDS products where the manufacturer is not taking adequate measures to prevent youth access to ENDS products. Online sales of ENDS products should be banned. This suggested sales restriction is outside of the scope of this guidance, which concerns enforcement of the premarket authorization requirements. At this time, FDA is finalizing this Guidance to address its concerns regarding youth use of ENDS products. The guidance prioritizes enforcement with respect to flavored, cartridge-based ENDS products because data shows that flavors are the primary driver in youth experimentation with, and continued use of, ENDS products, and that youth overwhelmingly use cartridge-based ENDS products. These priorities apply whether the products are sold online or in brick-and- mortar stores. However, the Agency will continue to monitor this issue. Lack of clarity on what quantity limits for online sales would entail. Given the data that many youth obtain their ENDS products from friends or sources in their social networks, FDA believes that quantity limits are one measure that a manufacturer could adopt to prevent individuals from purchasing large quantities of ENDS products to then distribute to minors on a secondary market. FDA’s enforcement decisions will be made on a case-by-case basis and depend on many factors, but FDA intends to consider whether a manufacturer limits the quantity of ENDS products that a customer may purchase within a given period of time as a factor in assessing whether a manufacturer is taking adequate measures to prevent youth access. There is wide variation in these types of ENDS products and, based on some of the comments FDA received and the responses to the Agency’s September 12, 2018 letters, FDA believes individual manufacturers are best positioned to know how to set purchase limits for their specific products. Therefore, FDA does not believe that further detail is warranted regarding this issue. Age to purchase ENDS products should be increased to 21. On December 20, 2019, the President signed into law legislation that raised the federal minimum age of sale of tobacco products from 18 to 21 years. FDA views this as a major step in protecting the next generation of youth from becoming addicted to ENDS and other tobacco products. FDA believes, however, that this change alone is not sufficient to address the epidemic use of ENDS by youth, especially use of flavored, Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 721 of 809 Contains Nonbinding Recommendations 46 cartridge-based products (except for tobacco- or menthol-flavored products) that are easily concealed, produced on a large scale, and (in some cases) sold in bulk quantities that has helped enable resale through social or black market sources. As part of the premarket review process for these products, FDA intends to consider measures taken by manufacturers to control youth access to these products. Purchasing from other adolescents is a major factor driving ENDS usage in youth populations. FDA should increase penalties for individuals who provide products to youth. This type of behavior should be the responsibility of parents, not the government. Only specialty vape stores should be permitted to sell ENDS. Data from CDC’s 2017 Youth Risk Behavior Surveillance System (YRBSS) found that 86.4% of youth who used ENDS did not purchase them at a retail store. Youth will find ways to purchase restricted flavored products and increased regulations will be ineffective. FDA agrees that social sources remain a concern for ENDS and other tobacco products. Given the popularity of social sources, FDA believes that quantity limits could be effective in preventing individuals from purchasing large quantities of ENDS products to then distribute to minors on a secondary market. Accordingly, FDA intends to consider whether a manufacturer limits the quantity of ENDS products that a customer may purchase within a given period of time as a factor in assessing whether a manufacturer is taking adequate measures to prevent youth access. Limits on retail or online sales would remove two of the top purchase options for adult ENDS product users. The priorities in the Final Guidance are addressed to particular products, not retailers. FDA believes that the Final Guidance strikes an appropriate balance between preventing youth access to ENDS products and maintaining availability of potentially less harmful options for current adult smokers who have transitioned or wish to transition completely away from combusted tobacco products. FDA would consider measures taken by manufacturers to control youth access, not adult access, when determining whether to enforce the premarket authorities with respect to these products. Does not provide adequate reasoning or specificity for manufacturers to understand what marketing actions would prompt enforcement actions. FDA’s decision to exercise its enforcement authorities with respect to particular products will be determined on a case-by-case basis, informed by the enforcement priorities described in this Final Guidance and any other relevant factors. The Final Guidance provides a number of examples of measures manufactures can take to help prevent youth access to their tobacco products. Such examples reflect information provided by manufacturers in response to the Agency’s September 12, 2018 letters, including measures to Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 722 of 809 Contains Nonbinding Recommendations 47 address youth use that manufacturers can or have already taken to address youth access to ENDS products, as well as information provided in comments to the March 2019 Draft Guidance. Modifications to ENDS Compliance Policy – flavored ENDS offered for sale after August 8, 2021, without the manufacturer submitting (and FDA receiving) a premarket application Comment Response Moving up the compliance review date would be harmful. Has the potential to impact adults using ENDS products for smoking cessation purposes. Will harm businesses that have already planned for the initial date. Will exacerbate an already burdensome premarket review process. Will be difficult for small businesses to submit complete applications by August 8, 2021. The Tobacco Control Act provides that new tobacco products may not be legally marketed without premarket authorization. Accordingly, all deemed new tobacco products on the market without authorization are illegally marketed products. As discussed in the Final Guidance, industry had notice that FDA would revisit its compliance policy if necessary. The Final Guidance announces that FDA intends to prioritize for enforcement ENDS products for which a premarket application has not been submitted by September 9, 2020. FDA understands the concerns expressed by these commenters but believes that it is appropriate for ENDS products to undergo premarket review on a shorter timeframe given the rise in youth use, in addition to other new and continuing public health and safety concerns, such as the outbreak of pulmonary injuries and battery hazards. Leaving products on the market for this long is problematic. Date is still too far away and will allow harmful products to remain on the market. Deadline means longer time for products on the market to continue to make unsubstantiated claims without scientific review. Leaving products on the market is problematic due to lack of evidence justifying later premarket review. FDA agrees with these commenters that the proposed August 8, 2021, date would allow products that may be harmful to remain on the market too long, would allow products to market unsubstantiated claims without scientific review, and that the data before the agency does not justify later premarket review. The Final Guidance discusses the date for premarket application submission and the importance of earlier submission of applications to allow for FDA to better evaluate whether these products meet applicable premarket standards, such as whether the products are appropriate for the protection of the public health, considering the risks and benefits to the population as a whole, including users and nonusers of the tobacco product. Lack of clarity around date for submission of premarket review applications FDA should articulate the status of submitted premarket applications and provide manufacturers opportunity to The Final Guidance discusses dates for submission of applications for premarket review and provides links to application submission information, including where to view marketing orders and accompanying documentation, available at FDA.gov. FDA has Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 723 of 809 Contains Nonbinding Recommendations 48 amend applications in light of changing deadlines. Still unclear what information must be included in a PMTA and/or SE report provided guidance and information to industry on the premarket pathways through publishing guidances and marketing orders, as well as posting information via webinars and public workshops.108 108 For more information on premarket tobacco product applications please see Premarket Tobacco Product Applications for [ENDS], Guidance for Industry (June 2019), available at https://www.fda.gov/regulatory- information/search-fda-guidance-documents/premarket-tobacco-product-applications-electronic-nicotine-delivery- systems-ends; Applications for Premarket Review of New Tobacco Products (updated June 2019) available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications-premarket-review-new- tobacco-products. For more information on CTP’s other published regulations and guidances, please see https://www.fda.gov/tobacco-products/products-guidance-regulations/rules-regulations-and-guidance; for more information on FDA CTP webinars, please see https://www.fda.gov/tobacco-products/compliance-enforcement- training/fda-tobacco-compliance-webinars; for information on marketing orders and accompanying documentation, please see https://www.fda.gov/tobacco-products/compliance-enforcement-training. Modifications to ENDS Compliance Policy – targeted to minors or likely to promote use of ENDS product by minors Comment Response FDA should use its authority to require ENDS manufacturers to stop running ads with unsubstantiated claims about smoking cessation and modified risk claims. This is outside of the scope of the Final ENDS guidance, which addresses premarket review requirements for ENDS products. FDA closely monitors retailer, manufacturer, importer, and distributor compliance with Federal tobacco laws and regulations and takes corrective action when violations occur. When enforcing FDA’s tobacco product authorities, the Agency generally issues a warning letter the first time a compliance check reveals a violation of federal tobacco laws and regulations, including when a manufacturer sells or distributes a product as a modified risk tobacco product without an FDA order in effect. Failure to promptly and adequately correct all violations and ensure compliance with all applicable laws and regulations may lead to enforcement actions, including civil money penalties, seizure, and/or injunction. To the extent that manufacturers are marketing their products for therapeutic purposes, they are subject to FDA’s medical product authorities. Lack of clarity – it is unclear what ENDS products manufacturers (and other parties that engage in ENDS marketing activities) and retailers can do to avoid concerning marketing activities. Would like to know what specific steps they can take to ensure their marketing reaches adults rather than minors. FDA believes the level of detail and examples in the Final Guidance provide sufficient clarity. Written Communications Item 8.2 - Khoury - Received 9/12/2022 https://www.fda.gov/regulatory- information/search-fda- guidance-documents/premarket- tobacco-product-applications- electronic-nicotine-delivery- systems-ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/premarket- tobacco-product-applications-electronic-nicotine-delivery-systems-endshttps:// www.fda.g ov/ regulatory - informatio n/search- fda- guidance- document s/ premarket -tobacco- product- applicatio ns- electronic- nicotine- delivery- systems- ends https://www.fda.gov/regulatory-information/search-fda-guidance-documents/applications- premarket-review-new-tobacco-productshttps:// www.fda.gov/ regulatory- information/ search-fda- guidance- documents/ applications- premarket- review-new- tobacco- products https://www.fda.gov/tobacco-products/products-guidance-regulations/rules- regulations-and-guidance https://www.fda.gov/tobacco-products/compliance- enforcement-training/fda-tobacco-compliance- webinars https://www.fda.gov/tobacco- products/compliance- enforcement-training/fda- tobacco-compliance-webinars https://www.fda.gov/tobacco-products/compliance- enforcement-training 2022/09/13 City Council Post Agenda Page 724 of 809 Contains Nonbinding Recommendations 49 Need clarity on what the agency considers targeting or promoting to minors. FDA should ensure social media platforms are not used as advertising platforms for ENDS products, including monitoring videos that promote ENDS products and limiting the reach of social media influencers who promote products. To the extent this comment is about the advertising of ENDS products generally, it is outside the scope of the policy. To the extent this comment is about advertising of ENDS products that are targeted to minors or likely to promote use of ENDS by minors, FDA believes the Final Guidance addresses this by indicating that such products will be an enforcement priority. A number of ENDS products are designed to be small and discreet, thus promoting ENDS use in minors. The Final Guidance discusses the Agency’s intent to prioritize its enforcement for products that are targeted to minors or likely to promote use of ENDS by minors. One example of such products includes products marketed directly to minors by promoting ease of concealment. FDA should support stakeholder partnerships to develop common approach and standards in preventing youth access. FDA CTP’s Office of Stakeholder Relations regularly connects with stakeholders. Stakeholders also have access to the ombudsman as well. Flavored Cigars Comment Response Enforcing the premarket requirements against flavored cigars would limit adults’ freedom to choose their preferred products. The Final Guidance does not include a policy to prioritize flavored cigars for enforcement. Instead, as described in the Final Guidance, flavored cigars are treated like all other deemed products that are not ENDS. Flavored cigars may seek premarket authorization from FDA. Manufacturers of flavored cigars, and of other deemed new tobacco products, will be required to submit marketing applications for those products by September 9, 2020, consistent with the U.S. District Court for the District of Maryland’s order, as described in the Guidance. Eliminating flavored cigars would result in the creation of a black market. The Final Guidance does not include a policy to prioritize flavored cigars for enforcement. In addition, we do not think development of a black market is likely given that there are a number of grandfathered” flavored cigars that are lawfully marketed and would remain available to consumers regardless of FDA’s enforcement of premarket authorities. FDA’s assertion of product migration of youth is an unfounded hypothesis. Concerns that FDA mischaracterizes research and does not cite contrary The Final Guidance does not include a policy to prioritize flavored cigars for enforcement. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 725 of 809 Contains Nonbinding Recommendations 50 government findings (citing to CDC reports and PATH data) FDA’s data on this topic limited to two studies that only recently became available and has not been vetted There are limitations to the Wave 1-3 PATH data that FDA cites in support FDA relies on 2018 NYTS data and incorrectly speculates that youth could migrate to flavored cigars CDC MMWR data and PATH data contradict suggestions that youth usage of cigars is on the rise Data show decreasing importance of flavors to first time cigar users Only allowing 30 days after guidance is finalized would result in a de facto ban on flavored cigars. Not enough time for manufacturers to submit SE reports. May not be enough time for retailers to sell off inventory/FDA should include an additional sell off period of time to the compliance guidance. Should be able to remain on the market until FDA has reviewed and made a determination on the premarket review application. The Final Guidance does not include a policy to prioritize flavored cigars for enforcement. In addition, we note that there are a number of “grandfathered” flavored cigars that are lawfully marketed that would remain available to consumers regardless of FDA’s enforcement of premarket authorities. Guidance should address grandfathered flavored cigar products as well. The Draft and Final Guidance are about enforcement against products that lack required premarket authorization. Grandfathered tobacco products, which do not require premarket authorization, are outside the scope of the policy. Lack of clarity Lack of a definition of flavored cigars will lead to confusion and leave retailers misinformed about what constitutes a flavored cigar. Lack of definition of characterizing flavor. The Final Guidance no longer discusses prioritizing enforcement for flavored cigars. FDA should pursue the flavored cigar enforcement policy addressed in the Draft Guidance. At this time, FDA has decided to focus this Final Guidance on ENDS products, given the recent surge in youth use and additional considerations such as battery explosions and vaping-related illnesses. Nevertheless, FDA is continuously evaluating new information and adjusting its enforcement priorities in light of the best available data. FDA will take Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 726 of 809 Contains Nonbinding Recommendations 51 appropriate action regarding tobacco products that are marketed without premarket authorization, including cigars, in accordance with the court’s order in American Academy of Pediatrics. FDA also has stated its intention to issue a flavored cigar rule. Compliance Policy for Other Deemed Products Comment Response FDA should modify compliance policy for other deemed products. Data on waterpipe tobacco use demonstrates increase in youth use. As discussed in the Final Guidance, consistent with the U.S. District Court for the District of Maryland’s order, FDA intends to enforce premarket requirements for these products after September 9, 2020. FDA should not modify compliance policy for other deemed products. As discussed in the Final Guidance, consistent with the U.S. District Court for the District of Maryland’s order, FDA intends to enforce premarket requirements for these products after September 9, 2020. FDA should focus its efforts on menthol cigarettes. The Final Guidance describes FDA’s policy on enforcing premarket requirements for products subject to the deeming rule. Menthol cigarettes are outside the scope of this policy. Written Communications Item 8.2 - Khoury - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 727 of 809 From: Hayley Hodges < Sent: Monday, September 12, 2022 3:41 PM To: CityClerk <CityClerk@chulavistaca.gov> Cc: Jaime Rojas < Subject: Public Comment - Flavored Tobacco Ordinance Good afternoon City Clerk, Attached is a letter regarding the discussion on the flavored tobacco ordinance that will be discussion on behalf of the National Association of Tobacco Outlets as well as an excel sheet of data. Thank you! Hayley Hodges National Association of Tobacco Outlets (NATO) Warning: External Email Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 728 of 809 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org September 12, 2022 Mayor Mary Casillas Salas Members of the Chula Vista City Council RE: Proposed Flavored Tobacco Products Ban Dear Mayor Salas and Members of the City Council: As the Executive Director of the National Association of Tobacco Outlets (NATO), a national retail trade association that represents more than 60,000 retail stores throughout the country including numerous Chula Vista retail stores, I am writing to submit our comments and concerns regarding the proposed ordinance on your September 13, 2022, agenda that would ban the sale of all flavored tobacco products, including the sale of menthol cigarettes, mint and wintergreen smokeless tobacco products, flavored cigars and flavored pipe tobacco. This ban would include products that have been determined by the U.S. Food and Drug Administration to be “appropriate for the protection of the public health.” We would ask that the Chula Vista City Council not adopt this ordinance for the reasons explained below. Chula Vista Should Focus on Youth Use of Alcohol and Marijuana According to the 2018-2019 California Health Kids Survey, the most recent available, for the Sweetwater Union High School District, only 6% of 11th graders had ever smoked a cigarette and only 2% had ever tried smokeless tobacco, while only 1% of 11th graders reported using either cigarettes or smokeless tobacco in the prior 30-day period. With no significant youth use of traditional tobacco products, there is no justification for an across-the-board prohibition of every kind of flavored tobacco product that adults who are 21 and older choose to purchase. This same survey found that 12% of 11th graders had used alcohol in the most recent 30-day period, 5% were binge drinkers, and 12% had used marijuana. Chula Vista has a much more significant problem with youth drinking alcohol and smoking marijuana; a reasonable person can inquire why the Chula Vista City Council is not considering a ban on all flavored alcohol products and additional regulations to respond to the high marijuana use rates? Given the Council’s responsibility to protect the public health, the absence of any action on underage drinking and marijuana use is concerning. It is not as if flavored alcohol products are uncommon; there are numerous alcohol flavors, such as cinnamon, whipped cream, chocolate, and cake, which are more youth-oriented than the traditional flavors of tobacco products, such as menthol, mint, or wintergreen, which would be banned under this proposal. Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 729 of 809 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org If the underlying reason for the bans is youth usage of electronic cigarette products, which the Survey found 8% of 11th graders had used in the previous 30 days (still one-third lower than alcohol or marijuana use,) the Council should focus its regulatory efforts on youth-oriented electronic cigarette vaping products and not, at the same time, all other traditional tobacco products that legal age adults choose to buy and use. When considering restrictions on electronic cigarette products, it is important to understand that the Centers for Disease Control found that e-cigarette use nationally among high schoolers dropped about 60% from 2019 (which the most recent available Sweetwater Union survey covers) to 2021. See E- Cigarette Use Among Middle and High School Students — National Youth Tobacco Survey, United States, 2021, US Department of Health and Human Services, Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report, October 1, 2021, Vol. 70, No. 39. The empirical data showing very low underage use rates of traditional products by local high schoolers and the national trend of a 60% drop in e-cigarette use does not support depriving all 21 and over adults their freedom to choose flavored tobacco products they prefer. It is also important to understand the facts about the public’s use of and opinions about tobacco products. A Gallup poll issued in August 2022 noted that combustible cigarette smoking (both tobacco and menthol flavored) was at an historic low of 11% of the adult population, down from 16% (over a 30% drop) from 2021. Cigarette smoking, which everyone believes is on the higher end of the risk continuum, is rapidly fading out as newer, lower risk products, including electronic cigarettes and modern oral tobacco products, become more common. Many of these products have been found by the FDA to be “appropriate for the protection of the public health” and several of them have flavors that would be banned under the proposed ordinance. It is perhaps for this reason that the same Gallup poll found that only 42% of respondents, Democrats and Republicans alike, support banning menthol cigarettes. By contrast, a July 2022 Gallup poll found that 50% of adults think marijuana use has a negative effect on society. The Council must also consider the study published online August 17, 2022, in Nicotine and Tobacco Research, funded by the National Institutes of Health, finding “that local [flavored tobacco sales restrictions] in the California Bay Area were not associated with a change in e-cigarette use one-year post-implementation.” M.S. Dove, et al, Flavored Tobacco Sales Restrictions and Teen E-cigarette Use: Quasi-experimental Evidence From California, https://doi.org/10.1093/ntr/ntac200. FDA Actions on Flavored Tobacco and Electronic Cigarette/Vaping Products The U.S. Food and Drug Administration’s recent regulatory actions have for all intents and purposes already enacted the kind of flavored electronic cigarette ban contained in the proposed ordinance. However, the FDA regulatory actions go far beyond just banning flavored electronic cigarettes. Due to all of the FDA’s actions as outlined below, I urge the City Council to allow the FDA regulatory processes to continue in lieu of proceeding with a local flavored tobacco ban ordinance. Ø On April 28, 2022, the FDA issued proposed regulations banning the sale of menthol cigarettes and all flavored cigars. If enacted, these proposed regulations would apply nationwide and remove hundreds of brands of menthol cigarettes and even more brands of flavored cigars form the marketplace. The comment period on these regulations recently closed, and the rulemaking Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 730 of 809 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org process continues. Ø May 14, 2022, was the deadline for manufacturers of tobacco products and electronic cigarette/vaping products that contain synthetic nicotine to file an application with the FDA seeking an order from the agency to market their synthetic nicotine products. To date, the FDA has not authorized a single electronic cigarette product with synthetic nicotine to be on the market and has announced that 88,000 such products are now illegal to sell. Ø The FDA continues to review and act on pre-market tobacco product applications (PMTAs) that manufacturers had to file with the agency by September 9, 2020, to keep their other tobacco products on the market while the FDA reviewed the applications. To date, PMTA applications covering 8,092,129 electronic cigarette and nicotine vaping products have been submitted to the FDA. The FDA has refused to accept 1,402,226 applications, refused to file 5,091,368 applications, or issued marketing denial orders for 1,234,848 electronic cigarette and nicotine vapor products. These actions add up to denying a total of 7,729,309 electronic cigarette and nicotine vapor products from being sold in the marketplace. Ø To date, the FDA has issued marketing granted orders allowing only 23 electronic cigarette and vapor products to remain on the market, and not a single one of the 23 products has a characterizing flavor. Ø In February 2020, the FDA adopted a ban on the sale of all flavored cartridge-based and pod- based electronic cigarettes, except for tobacco and menthol flavored products. This action removed thousands of flavored cartridge-based and pod-based electronic vaping products from the market. With all of these past, current, and pending actions being taken by the FDA, we urge the City Council not to adopt a ban on the sale of flavored tobacco and electronic cigarette products. Voters Want to Decide Whether Flavor Bans Make Sense California Senate Bill 793, which would ban most flavored tobacco products statewide, has been referred to the November ballot as Proposition 31 to let the voters decide whether to allow the statewide flavor ban bill to go into effect. Voters want their say on flavor bans. We respectfully suggest that deferring action until the voters have spoken in November is in the best interests of Chula Vista and its retailers. Store Closures and Layoffs May Follow the Enactment of the Ordinance NATO’s convenience store members experienced losses of up to 45% in gasoline sales and 20% or more in grocery, snack, beverage, and tobacco product sales during the past couple of years during the pandemic. With convenience stores relying on tobacco product sales for approximately 36% of in- store sales, a ban on all flavored tobacco products would eliminate an important product category that is an integral part of a store’s business model. Also, tobacco specialty stores that rely on tobacco product sales for up to 90% of total sales will be devastated by the loss of hundreds of flavored tobacco products. Additionally, retailers have recently found it difficult to attract and retain employees and combined with the effects of inflation, stores payroll costs continue to rise. Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 731 of 809 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org If Chula Vista retailers must remove hundreds of products from their shelves, it will be very difficult to compete with retailers in neighboring localities or with illicit sellers who do not care to whom they sell their products. Employee layoffs and even store closures are real possibilities. NATO and its Chula Vista retail members share everyone’s interest in keeping tobacco and electronic smoking devices out of the hands of persons under 21 years old but banning all these products for 21 and older adults makes no sense from a health standpoint or economic point of view. According to the FDA, there have been 26 attempts to induce Chula Vista retailers to sell tobacco products to underage persons; only once did a retailer make the sale, a 96% compliance rate. Why would the City Council want to harm responsible, legitimate retailers and force their 21 and older adult customers to drive to other cities or to buy from illicit sellers? We urge the Chula Vista City Council not to move forward with the proposed ban on flavored tobacco products and single use electronic cigarettes. Thank you for your consideration. Sincerely, Thomas A. Briant NATO Executive Director Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 732 of 809 Compliance Check Inspections of Tobacco Product Retailers Through 8/31/22 - Search Results You searched for: City contains: chula vista State is CA Retailer Name Street Address City State Zip Minor Involved Sale to Minor Product Type Brand Flavor Inspection Date Decision Date Inspection Result Link Charges VAPE AND SMOKE 4360 MAIN ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 5/24/2022 No Violations Observed N/A PINE PALACE LIQUOR 11 3RD AVE STE C CHULA VISTA CA 91910 Yes No N/A N/A Not available 5/18/2022 No Violations Observed N/A PURE SMOKE 1037 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 1/19/2022 No Violations Observed N/A AMIGOS SMOKE SHOP & MINI MARKET 1285 BROADWAY # 102 CHULA VISTA CA 91911 Yes No N/A N/A Not available 7/22/2021 No Violations Observed N/A VAPE AND SMOKE 4360 MAIN ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/19/2020 No Violations Observed N/A VAPE AND SMOKE 4360 MAIN ST CHULA VISTA CA 91911 Yes Yes ENDS / E- liquid Other Mint 7/31/2019 8/29/2019 Warning Letter Issued 1140.14(b)(1)-Sale to a Minor; 1140.14(b)(2)(i)- Failure to verify age VAPE ELEMENTS 2015 BIRCH RD CHULA VISTA CA 91915 Yes No N/A N/A Not available 11/1/2018 No Violations Observed N/A APPLE TREE SUPERMARKET 1193 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/5/2018 No Violations Observed N/A VALERO FOOD MART 873 PALOMAR ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/5/2018 No Violations Observed N/A SUNSET LIQUOR 985 BROADWAY STE L CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/5/2018 No Violations Observed N/A FOOD 4 LESS #780 660 PALOMAR ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/1/2018 No Violations Observed N/A AMIGOS SMOKE SHOP & MINI MARKET 1285 BROADWAY # 102 CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/1/2018 No Violations Observed N/A SOUTH BAY LIQUOR 1355 BROADWAY STE L M CHULA VISTA CA 91911 Yes No N/A N/A Not available 3/1/2018 No Violations Observed N/A 7-ELEVEN 13569 796 BROADWAY CHULA VISTA CA 91910 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A 711 STORE 2131 13590D 1097 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A 7-ELEVEN STORE #202121604C 899 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A NORTGATE MARKET # 27 1058 3RD AVE CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A 7-ELEVEN STORE #33715A2131 689 PALOMAR ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A WAL-MART STORE # 5305 1150 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A L STREET 76 898 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A PALOMAR ARCO 800 PALOMAR ST CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A BROADWAY SMOKE SHOP 1067 BROADWAY STE 101 CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A L STREET SHELL 902 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A MIRAGE LIQOUR 1096 BROADWAY STE 101 CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A U.S.A. LIQUOR MARKET 947 BROADWAY CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A VISHIONS SMOKE SHOP 1037 BROADWAY STE F CHULA VISTA CA 91911 Yes No N/A N/A Not available 2/28/2018 No Violations Observed N/A Written Communications Item 8.2 - Hodges - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 733 of 809 From: Marlon Mansour < Sent: Monday, September 12, 2022 3:48 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: NMA Letter in Opposition to Proposed Flavor Tobacco Ban Good afternoon, Please find attached the Neighborhood Market Association's Letter in opposition to the proposed ban on flavored tobacco, on the agenda for tomorrow's council meeting. I also want to stress that the retailer community, a key stakeholder greatly affected by the ultimate action of the City Council on this proposed ordinance, was not reached out for thoughts or guidance on this proposed ordinance. The Chula Vista business community is not aware that this ban is being proposed in 24 hours. Delay this Vote till the proper stakeholder outreach is done! Passing this ordinance without proper outreach to this key stakeholder group is tantamount to silencing their voices. Best regards, Marlon Oram Mansour President Neighborhood Market Association 6367 Alvarado Court, Suite 204 San Diego, CA 92120 Phone: 619-313-4400 www.neighborhoodmarket.org Follow us Warning: External Email Written Communications Item 8.2 - Mansour - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 734 of 809 6367 Alvarado Court Suite 204, San Diego, CA 92120 – 619-313-4400 – www.neighborhoodmarket.org Executive Board Of Directors Firas “Russ” Soro Executive Chairman Mark Kassab Vice Chairman Remon Mansour Treasurer Steve Mattia Secretary Samir Salem Past Chairman Basil Zetouna Executive Board Member Ghassan Namou Executive Board Member Molly Sylvester Executive Board Member Rony Georges Executive Board Member Saeed Somo Executive Board Member Sam Attisha Executive Board Member Wisam Moshe Executive Board Member Executive Advisory Members Mike Anderson Anheuser-Busch Karam Toma Southern Wine & Spirits Robert Wolf PepsiCo Eric Frey Reynolds President Marlon Oram Mansour President Emeritus Arkan Somo General Counsel David C. Jarvis September 12th, 2022 Mayor Mary Casillas Salas Chula Vista City Council 276 Fourth Ave, Chula Vista, CA 91910 Re: Proposed Flavored Tobacco Ban The Honorable Mayor Mary Casillas Salas, On behalf of the Neighborhood Market Association (NMA) Executive Board and our members, we would like to submit our written testimony in opposition to the Flavored Tobacco Ban currently under your consideration. The NMA is a non-profit trade organization that represents over 700 family-owned businesses, including many operating in Chula Vista. In recent years, use of e-cigarettes and vaping products has risen, largely as a less harmful alternative to traditional tobacco products.1 Youth access to these products has become a concern for legislators. In recent years, the California state government as well as the Federal government, through the Food and Drug Administration (FDA), have taken powerful steps to prevent youth access and advertising of these products.2, 3, 4 Issues of youth access is also paramount to our retailers. That is why they take every measure to assure these products never reach the hands of underage youth. Our retailers are not just business owners; they have families and kids of their own. The NMA strongly opposes this proposed flavor ban for several reasons: the effect on small businesses, the unintended consequences similar flavor bans have had, and the recent State and Federal actions that have been taken on the issue. Effect on Small Businesses In a year of enforcement in the County-level, retailers have lost an average of around 50% of their sales due to the flavor ban. Some have shuttered their stores because they could not afford their rent. Others have had to lay off employees or raise prices of non-tobacco products (milk, bread, eggs, gas) just to offset the large revenue losses to try to remain afloat. Prohibiting products and subjecting retailers and employees to civil and criminal penalties will only increase law enforcement presence on our local communities. Meanwhile, there is no data in the staff report suggesting that retailers are the source of youths getting tobacco and vaping products. Many cities and localities in the greater San Diego area do not currently have flavored tobacco bans, creating a lack of uniform laws. Convenience stores are for convenience. They serve their communities and provide a one-stop shop for various purchases. Prohibiting them from selling products that are being permitted to sell a few streets away only drives away business to other districts. Written Communications Item 8.2 - Mansour - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 735 of 809 6367 Alvarado Court Suite 204, San Diego, CA 92120 – 619-313-4400 – www.neighborhoodmarket.org The Unintended Consequences of Similar Flavor Bans Throughout history, bans on legal products have created previously unforeseen, more grave consequences. Black market and other unregulated sources, such as the internet, assume the market vacuums created from these bans and further endanger consumers. In prior flavor tobacco bans, studies showed great increases in traditional cigarette smoking.5, 6, 7 Finally, these bans cause negative impacts on businesses and local government tax revenue. We have two relevant case studies to look to for guidance: San Francisco’s flavor ban, which was made in effect in January 2019; and the County of San Diego’s flavor ban, which started enforcement in July 2021. In San Francisco, the flavor ban resulted in an increase in youths smoking traditional tobacco cigarettes.5, 6 San Francisco saw devastating impacts to small businesses and their local tax revenue.8, 9 Legislators cannot fail to adequately research and contemplate these unintended consequences when drafting a ban. Banning a product and taking it away from our regulatory bodies will only do more harms to youths, the local business communities, and the local government while making a de minimis impact on its intended goals. Recent State and Federal Actions In less than 2 months, the people of the State of California will vote on the State Referendum for SB 793, the statewide flavored tobacco ban Governor Gavin Newsom had signed into law in 2020.10 In recent years, the FDA has taken a big focus on the tobacco industry, reviewing applications for tobacco products with a focus on ensuring the public health of the entire population and focused on ensuring products do not cater to new users. To date, 6.7 million Pre-Market Tobacco Applications (PMTAs) have been submitted for the FDA’s review.2, 3, 4 Without the FDA’s approval, these products cannot come to market anywhere in the entire country. Of the 6.7 million PMTAs, only 22 have been approved. And these 22 are subject to yearly review and potential revocation if further data shows the products risk the population as a whole or that the product encourages new tobacco users.2 In sum, while the concerns of tobacco and vaping products catering to youth with artistic packaging and unique flavors is very serious, it has recently been addressed and continues to be addressed. Not only is it being taken care of, but each application is also being strictly scrutinized by the FDA under a wide federal scope. Passing this local law would ban tobacco products that even the FDA approves. Conclusion While the intentions behind this proposed law are noble, the measure is ill-conceived temporally, the language and scope are overly broad, and the unintended consequences from such a ban not deeply addressed. The unintended consequences of other flavor bans have only caused greater health harms to youths, which not only negates the primary purpose of this proposed ban; it exacerbates concerns of youth access and drives use of more harmful, traditional tobacco products. It’s also clear the adverse impact on local small businesses, a large stakeholder, were not contemplated, and our retailer community was not reached out to prior to the drafting of this legislation for feedback or guidance on the consequences of a proposed ban. Our retailer community is always ready and willing to discuss issues affecting our local and business communities with our elected representatives. The state will have its answer on this issue through a democratic referendum process. The FDA has already taken immense steps to alleviate the primary concern underlying this proposed ban. Do not kill your own district’s businesses, cause thousands of employees to lose their jobs, all to the advantage of Written Communications Item 8.2 - Mansour - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 736 of 809 6367 Alvarado Court Suite 204, San Diego, CA 92120 – 619-313-4400 – www.neighborhoodmarket.org other localities, lacking in flavor bans, down the street when you can wait a few months for a potential uniform state-wide ban. These stakeholders have already been cut out of the process and had their voices silenced. Do not continue to disregard these stakeholders. Respectfully, Marlon Oram Mansour President Written Communications Item 8.2 - Mansour - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 737 of 809 6367 Alvarado Court Suite 204, San Diego, CA 92120 – 619-313-4400 – www.neighborhoodmarket.org References 1 https://www.cbsnews.com/video/public-health-expert-worries-e-cigarette-panic-is-ruining-single- biggest-public-health-opportunity-in-120-years/ 2 https://www.fda.gov/tobacco-products/market-and-distribute-tobacco-product/premarket-tobacco- product-applications 3 https://www.bloomberg.com/news/articles/2021-10-27/fda-official-says-tobacco-product-reviews-are- in-final-stages 4 https://www.fda.gov/tobacco-products/ctp-newsroom/perspective-fdas-progress-tobacco-product- application-review-and-related-enforcement 5 “A Difference-in-Differences Analysis of Youth Smoking and a Ban on Sales of Flavored Tobacco Products in San Francisco, California” Abigail S. Friedman, Yale School of Public Health 6 “The impact of a comprehensive tobacco product flavor ban in San Francisco among young adults” Yong Yang, Eric N. Lindblom, Ramzi G. Salloum, and Kenneth D. Ward 7 https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco- survey?linkId=133964541&utm_campaign=ctp-nyts&utm_medium=social&utm_source=CTPTwitter 8 Economic Impact of the Ban on Flavored Tobacco Products in San Francisco (California Fuels & Convenience Alliance) 9 Economic Mitigation Measures Responsive to City Bans on the Sales of Certain Tobacco Products (San Francisco Small Business Commission, 2019) 10 SB 793: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB793 Written Communications Item 8.2 - Mansour - Received 9/12/2022 2022/09/13 City Council Post Agenda Page 738 of 809 From: Adrian Kwiatkowski < Sent: Monday, September 12, 2022 4:06 PM To: Mary Salas <MSalas@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov>; Stacey Kurz <SKurz@chulavistaca.gov>; Genevieve Hernandez <ghernandez@chulavistaca.gov> Subject: San Diegans VS Big Tobacco | letter in support of flavored tobacco ordinance Dear Mayor and City Council, On behalf of San Diegans VS Big Tobacco, I am submitting the attached letter in support of the flavored tobacco ordinance (with no amendments) in advance of the Chula Vista City Council meeting tomorrow. Please feel free to contact me directly if you have any questions on my mobile phone at ( Sincerely, Adrian Kwiatkowski Coalition Manager San Diegans VS Big Tobacco Adrian Kwiatkowski Vice President | Partner Warning: External Email Written Communications - Item 8.2 Kwiatkowski - Received 9/12/22 mailto:adrian@bartellkwiatk owski.com mailto:MSalas@chula vistaca.gov mailto:acardenas@chula vistaca.govmailto:spadilla@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.govmailto:CityClerk@chula vistaca.gov mailto:SKurz@chula vistaca.govmailto:ghernandez@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 739 of 809 SAN DIEGANS VS BIG TOBACCO All Flavors | All Products | All Locations SanDiegansVSBigTobacco.org SAN DIEGANS VS BIG TOBACCO C/O Bartell & Kwiatkowski 1650 Hotel Circle North, Suite 222| San Diego, CA 92108 September 9, 2022 Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA RE: September 13th City Council Agenda, ITEM 8.2: Prohibiting Flavored Tobacco Sales Dear Mayor and City Council: On behalf of the San Diegans VS Big Tobacco coalition, we want to express our appreciation for your leadership and supporting ending the sale of flavored tobacco products in Chula Vista and to strongly express our support for ITEM 8.2 on the September 13th City Council agenda with no amendments. As you know, ITEM 8.2 will end the sale of most flavored tobacco products in Chula Vista including: e-cigarettes, menthol cigarettes, synthetic nicotine and tobacco-derived e-liquids. Across California, more than one-hundred cities and counties have taken similar action to protect their residents from the tobacco industry. The largest cities in California have taken action including: San Jose, San Francisco, Sacramento, Oakland, Long Beach, Santa Ana, Los Angeles and San Diego. Chula Vista will join them and Imperial Beach and the County of San Diego by approving this ordinance and protecting your community. In a recent poll, 68% of local voters support ending the sale of flavored tobacco products. The San Diegans VS Big Tobacco coalition strongly encourages you to join them in supporting ITEM 8.2 on the September 13th City Council agenda with no amendments. We look forward to your leadership on taking a strong stand against Big Tobacco. Sincerely, Adrian Kwiatkowski Coalition Manager Written Communications - Item 8.2 Kwiatkowski - Received 9/12/22 2022/09/13 City Council Post Agenda Page 740 of 809 From: The Xavier Trust < Sent: Monday, September 12, 2022 10:55 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: No on tobacco flavor ban Warning: External Email I am writing to let you know that there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November! Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Xavier mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 741 of 809 From: Christine Dulatre < Sent: Monday, September 12, 2022 9:57 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: No to Flavor Ban To whom it may concern: Please know that there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November! No flavor ban! This has truly helped people from all walks of life- get rid of traditional analog cigarettes that has thousands of chemicals known to cause various ailments vs a better alternative! Please hear out the community! Thank you, Our company Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Dulatre mailto:pixy360photobooth@ gmail.com mailto:CityClerk@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 742 of 809 From: Leanora Toma < Sent: Monday, September 12, 2022 9:27 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavor tobacco ban Warning: External Email I am writing to let you know that there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November! Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Toma mailto:leanoratoma@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 743 of 809 From: Karlos Toma < Sent: Monday, September 12, 2022 9:23 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: ATTENTION Warning: External Email I am writing to let you know that there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November! Written Communications - Received 9/13/22 Item #8.2 - Toma mailto:ktoramo@ya hoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 744 of 809 From: amar nadem < Sent: Monday, September 12, 2022 8:19 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavoured tobacco ban. Warning: External Email Hi. Good evening my Name is Amar Nadem. I am the owner of king liquor in the City Of Chula Vista. We just heard about the tobacco flavor ban meeting that’s happening tomorrow at the City Hall. First thing there has been no public outreach, Second we all know this is not going to fix the issue. If you guys are gonna be able to ban all the flavor tobacco from the small businesses how are you guys able to control the black market/Internet Let the State vote for it in November. Thanks. Sent from my iPhone Written Commuications - Received 9/13/22 Item #8.2 - Nadem mailto:amarnadem@hot mail.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 745 of 809 From: Holly Tenaglia < Sent: Monday, September 12, 2022 8:14 PM To: Mary Salas <MSalas@chulavistaca.gov> Cc: Lynda Barbour <CityClerk <CityClerk@chulavistaca.gov> Subject: Chula Vista Resident Request for Support: Vote YES to Flavored Tobacco Ordinance Dear Mayor Mary Casillas Salas, My name is Holly Tenaglia, and I am a resident of Chula Vista, District 3, in Windingwalk right by Camarena Elementary School. In addition to being a Chula Vista resident, I am an oncology advanced practice nurse at VA San Diego, an American Cancer Society Cancer Action Network advocate, and an active member of the San Diego Oncology Nursing Society. Given my background in healthcare, and specifically oncology, I want to urge you to vote YES on the flavored tobacco ordinance that will be heard on Tuesday, September 13th. The use of any flavored tobacco product among youth is concerning because it exposes them to a lifetime of nicotine addiction, disease, and premature death, which I saw firsthand as a Navy Veteran and am deeply concerned about as a mother of two young children. Thank you for your attention, and please, vote YES to end the sale of all flavored tobacco products in Chula Vista. Very Respectfully, Holly Tenaglia Chula Vista, CA 91915 Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Tenaglia mailto:holly.santos.917 @gmail.com mailto:MSalas@chula vistaca.govmailto:lynda.barbour@ cancer.org mailto:CityClerk@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 746 of 809 From: Hanny Thomas < Sent: Monday, September 12, 2022 8:13 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavor ban Warning: External Email You can not do that. It is unconstitutional, there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November whether to keep the Vape and the flavors or ban it! Thanks, Johnny Written Communications - Received 9/13/22 Item #8.2 - Thomas mailto:johnnyt_16@icl oud.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 747 of 809 From: ramez louis < Sent: Monday, September 12, 2022 8:10 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavors tobacco ban Hello there We just received note from friend of mine There is meting tomorrow at city of Chula Vista , this is not right! it's about respecting small businesses, making sure the public is notified and engaged and respecting voter rights! Sent from Yahoo Mail for iPhone Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Louis mailto:e_smokeshop@ yahoo.com mailto:CityClerk@chula vistaca.gov https:// overview.mail.yahoo.com/?. src=iOS 2022/09/13 City Council Post Agenda Page 748 of 809 From: Namer < Sent: Monday, September 12, 2022 8:04 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Tobacco flavor ban Warning: External Email As a tax payer and a voter this issue must be left to the voters to decide. alcohol and weed is legal because it was the people who voted on it not bunch of old ppl who have nothing to do with it just like the Supreme Court voting on abortion . Please allow the people to decide . Thank you and may god bless you all Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Namer mailto:bayho @cox.net mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 749 of 809 From: Angelo < Sent: Monday, September 12, 2022 7:59 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavor Ban Warning: External Email Hello! My name is Angelo and I am a small business owner in Chula Vista! I am very upset that as a owner in your city I was not informed about this meeting at all. This is unfair as it seems like it’s being done in the dark and not giving the local business owner a fair chance to come out and speak. I hope you guy can respect the process of the state of California and let them decide as a whole state. This won’t only effect small businesses but the city tax dollars. Thank you for your time. Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Angelo mailto:angelonissou@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 750 of 809 From: Mike Sabri < Sent: Monday, September 12, 2022 7:57 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Warning: External Email it's about respecting small businesses, making sure the public is notified and engaged and respecting voter rights! Thank you Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Sabri mailto:mikesabri1990@ic loud.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 751 of 809 From: Avrin Yakou < Sent: Monday, September 12, 2022 7:56 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavored Tobacco Ban Hi, There is absolutely no way in good conscience the City of Chula Vista can without notice to anyone hold this meeting tomorrow. This is not a third world country where laws and regulations are passed in the dark. There has been 0 public outreach or respect for the democratic process. Why hold this meeting regardless when California as a whole will be voting on it in November? This whole thing feels extremely slimy and wrong. Respect the people of this City and the businesses within it and cancel this meeting immediately!! Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Yakou mailto:avrinyakou91@ gmail.com mailto:CityClerk@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 752 of 809 From: Giselle Brambila < Sent: Monday, September 12, 2022 7:54 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: FLAVOR BAN Warning: External Email It is unlawful as a California resident, to have a law or a flavor ban passed without any city involvement or public opinion. NO FLAVOR BAN! Giselle Brambila Written Communications - Received 9/13/22 Item #8.2 - Brambila mailto:gisellebrambila89@ gmail.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 753 of 809 From: Desiree Dhawn Adamos < Sent: Monday, September 12, 2022 5:17 PM To: Jill Galvez <jmgalvez@chulavistaca.gov> Cc: Chelsea Walczak Vircks <CityClerk CityClerk@chulavistaca.gov> Subject: Chula Vista City Council Meeting Good afternoon Councilmember Galvez, My name is Desiree Adamos, a recent graduate of the Sweetwater Union High School District and a concerned health advocate in regards to the use of tobacco among youth. Attached is a letter expressing my support for the upcoming ordinance restricting the sale of flavored tobacco in Chula Vista. This ordinance is a critical step to protecting my peers and generations to come from a lifetime of nicotine addiction and tobacco-related disease and death. I urge you to support this ordinance on September 13 when it is brought forward. Thank you, Desiree Adamos Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Adamos mailto:desireedhawn.adamos @gmail.com mailto:jmgalvez@chula vistaca.govmailto:Chelsea.Walczak.Virck s@heart.orgmailto:CityClerk@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 754 of 809 Dear Mayor Salas and Councilmembers, My name is Desiree Adamos, a former high school student from the Sweetwater Union High School District. I am reaching out to you to emphasize the importance of passing legislation that would restrict the sale of flavored tobacco in our county. The experiences of my peers and the overall negative impacts of tobacco make this decision a necessary step in ensuring healthy and productive futures for our generation. A handful of the students I went to school with suffered greatly from tobacco use. With impressionable minds, students are more likely to become addicted to the nicotine in tobacco in comparison to their older counterparts. As a result, I’ve witnessed many students use tobacco as an unhealthy coping mechanism and a way to “fit in” with other peers. In fact, an acquaintance of mine was sent to the emergency room a few months ago due to the damage that tobacco was inflicting on her lungs. The advertisement of flavored products only makes the issue worse. According to the American Heart Association, more than 8 out of 10 youth who have ever used tobacco began with flavored tobacco products. If Chula Vista county continues to permit the sale of flavored tobacco, the city has proven where their priorities are – with economic incentive, instead of the future of our youth. Tangible legislation must be implemented to properly support and protect our youth from decisions that could ruin their lives. Thank you for your time and consideration. Desiree Adamos 2022/09/13 City Council Post Agenda Page 755 of 809 From: Alfa Santos < Sent: Monday, September 12, 2022 6:03 PM To: Mary Salas <MSalas@chulavistaca.gov> Subject: End the sale of flavored tobacco Dear The Honorable Salas, As your constituent, I'm writing to ask you to help end the sale of all flavored tobacco products in Chula Vista. This includes flavored e-cigarettes, menthol cigarettes and hookah. These products are fueling a youth nicotine addiction crisis. Menthol cigarettes in particular have long been used by the tobacco industry to target and addict people in communities of color. The facts are clear: 81% of youth who have used tobacco started with a flavored product. E-cigarettes and other tobacco products are available in such kid-friendly flavors as Gummi Bear, Mango Mania, Cotton Candy and Cool Mint. More than 2 million kids nationwide use e-cigarettes, and the vast majority say flavors are the reason why. Due to heavy tobacco industry targeting, 85% of Black smokers now use menthol cigarettes – compared to 29% of White smokers. This has had devastating health impacts on Black communities. 41% of high school smokers use menthol cigarettes, which are easier for kids to start using and harder for smokers to quit. Cigars – which come in hundreds of sweet flavors – are now the second most popular tobacco product among high schoolers. Please join the fight to protect kids from all flavored tobacco products. Other California communities are already tackling this problem. Los Angeles County, Oakland, and San Francisco have eliminated the sale of all flavored tobacco products, just to name a few. Chula Vista should join them – and the growing number of communities across the nation that have taken a stand against flavored tobacco products. Given the COVID-19 pandemic and its devastating impact on the lungs, stopping youth use of tobacco products is more important than ever. Our kids can't wait. Please do everything you can to end the sale of flavored tobacco products in our city. Sincerely, Alfa Santos Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Santos mailto:calichicafolife@y ahoo.com mailto:MSalas@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 756 of 809 From: Xtabay Rico < Sent: Monday, September 12, 2022 5:57 PM To: Mary Salas <MSalas@chulavistaca.gov> Subject: End the sale of flavored tobacco Dear The Honorable Salas, As your constituent, I'm writing to ask you to help end the sale of all flavored tobacco products in Chula Vista. This includes flavored e-cigarettes, menthol cigarettes and hookah. These products are fueling a youth nicotine addiction crisis. Menthol cigarettes in particular have long been used by the tobacco industry to target and addict people in communities of color. The facts are clear: 81% of youth who have used tobacco started with a flavored product. E-cigarettes and other tobacco products are available in such kid-friendly flavors as Gummi Bear, Mango Mania, Cotton Candy and Cool Mint. More than 2 million kids nationwide use e-cigarettes, and the vast majority say flavors are the reason why. Due to heavy tobacco industry targeting, 85% of Black smokers now use menthol cigarettes – compared to 29% of White smokers. This has had devastating health impacts on Black communities. 41% of high school smokers use menthol cigarettes, which are easier for kids to start using and harder for smokers to quit. Cigars – which come in hundreds of sweet flavors – are now the second most popular tobacco product among high schoolers. Please join the fight to protect kids from all flavored tobacco products. Other California communities are already tackling this problem. Los Angeles County, Oakland, and San Francisco have eliminated the sale of all flavored tobacco products, just to name a few. Chula Vista should join them – and the growing number of communities across the nation that have taken a stand against flavored tobacco products. Given the COVID-19 pandemic and its devastating impact on the lungs, stopping youth use of tobacco products is more important than ever. Our kids can't wait. Please do everything you can to end the sale of flavored tobacco products in our city. Sincerely, Xtabay Rico Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Rico mailto:ricoxxtabay @aol.com mailto:MSalas@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 757 of 809 From: Sunset < Sent: Tuesday, September 13, 2022 9:51 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavored tobacco ban Warning: External Email Good morning our Leaders at Chula Vista City Council. Not sure if I’m sending this email to our leader or anther cites tail or follower . Regarding today’s hearing about flavored tobacco ban. It’s misguided policy that will do more harm than good" and "hurt small businesses, eliminate necessary tax revenue, and perpetuate dangerous . We are 2 miles from the border . we are all dealing with human trafficking ,drug trafficking Do you want to add more power and business to them? Best Regards. Written Communications - Received 9/13/22 Item #8.2 - Sunset mailto:sunsetliquor@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 758 of 809 From: Heveen Toma < Sent: Monday, September 12, 2022 9:25 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: [SUSPECTED SPAM] Hello Warning: External Email I am writing to let you know that there has been no public outreach, no stakeholder engagement and to respect the democratic process and let the voters speak this November! Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Toma mailto:heveentoma619@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 759 of 809 From: Eva Quiambao < Sent: Tuesday, September 13, 2022 10:38 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Tobacco Warning: External Email To whom it may concern, Please be fair in handling tobacco issue. Respect small businesses and wait until November election. Thank You Concerned Citizen Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Quiambao mailto:quiambaoeva@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 760 of 809 From: Sent: Tuesday, September 13, 2022 11:17 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavor ban Warning: External Email Flavor Bans without public opinions are unfair and overreaching. Small businesses will close! Written Communications - Received 9/13/22 Item #8.2 - Minds - Orcas - Or mailto:minds- orcas-0r@icloud.com mailto:minds- orcas-0r@icloud.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 761 of 809 From: naell soro < Sent: Tuesday, September 13, 2022 12:35 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Vape ban Warning: External Email Hello to whom it may concern My name is is Naell Soro, emailing about the Vape ban, I OPPOSE this ban this will hurt our businesses significantly and the underage sales will sore, because over 90% of the underage sales are happening online. So I strongly oppose this ban Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Soro mailto:naellsoro@g mail.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 762 of 809 From: Jeff Mansour < Sent: Tuesday, September 13, 2022 12:37 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Agenda item 8.2 Warning: External Email Hello my name is Jeff Mansour. Please don’t pass the flavor ban. You didn’t give your constituents enough time to voice their opinion. The people will vote on it in two months for the entire state of California. I don’t understand why you would pass this now when we are going to vote on it soon. You must protect and respect the democratic process. We the people need to choose. This issue has already been addressed and it’s was put in the hands of the people. This is the United States of American. You guys are making a mistake by passing it now. This is a slap to the face of all voters. What is the point of a referendum if you pass it now. By passing it, you are basically saying you don’t care about what voters and the citizens think. You guys were elected by the voters so please do your job right and do the right thing. Don’t let lobbyists push you around and please don’t make this about politics. Do it as common sense and wait for the November vote and see what happens. At least than we know that you trust the American democratic process. Thank you Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Mansour mailto:jeff@mys dcc.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 763 of 809 From: Sam Zora < Sent: Tuesday, September 13, 2022 12:49 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: today Agenda Item 8.2. ban Flavor Tobacco I'm a business owner in chula vista, I have been in business for 30 years. if this goose through will effects our business and will create a black market element in our city. This will hurt our business and will drive our adult smokers to the neighboring cities. You should leave this issue to state level since it will be on the ballot end of the year Salam Zora Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Zoro mailto:s.zora@y ahoo.com mailto:CityClerk@chula vistaca.gov 2022/09/13 City Council Post Agenda Page 764 of 809 From: Lynda Barbour < Sent: Tuesday, September 13, 2022 1:10 PM To: Mary Salas <MSalas@chulavistaca.gov>; Steve C. Padilla <spadilla@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jill Galvez jmgalvez@chulavistaca.gov> Cc: CityClerk <CityClerk@chulavistaca.gov> Subject: Letter in Support of item 8, ending the sale of flavored tobacco products in Chula Vista Dear Madam Mayor and Honorable Council members, Please find ACS CAN’s letter in support of the ordinance on tonight’s agenda to end the sale of flavored tobacco products. Thank you for your consideration of this important policy. Lynda Barbour Lynda Barbour, MPH Senior Government Relations Director, So.California & Grant Program 619.682.7416 | m: 619.742.4861 | f: 619.296.0928 American Cancer Society Cancer Action Network, Inc. fightcancer.org | 1.800.227.2345 This message (including any attachments) is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, or confidential information. If you are not the named addressee, you are not authorized to read, print, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately. Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Barbour mailto:lynda.barbour@ cancer.org mailto:MSalas@chula vistaca.gov mailto:spadilla@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jmgalvez@chula vistaca.govmailto:CityClerk@chula vistaca.gov tel:619.682. 7416 tel:619.742. 4861 tel:619.296. 0928 http:// fightcancer.or g/ tel:1.800.227. 2345 http:// fightcancer.org/ 2022/09/13 City Council Post Agenda Page 765 of 809 American Cancer Society Cancer Action Network 5333 Mission Center Rd, Ste. 105; San Diego CA 92108 619.682.7416 (F) 619.296.0928 lynda.barbour@cancer.org September 13, 2022 The Honorable Mary Salas Mayor, City of Chula Vista 276 Fourth Ave Chula Vista CA 91910 Re: Agenda item: 8.2 Prohibiting the sale of flavored tobacco products Dear Mayor Salas and members of the Chula Vista City Council, Our mission at the American Cancer Society Cancer Action Network is to end suffering and death from cancer, and we are committed to advancing that mission in Chula Vista. We are deeply concerned about the availability of flavored tobacco products, which is contributing to the youth access and initiation into tobacco use in communities across the state and country. We write to ask that you to adopt an ordinance that ends the sale of flavored tobacco products, including flavored e-cigarettes and menthol cigarettes without exemptions. Tobacco companies have a long history of marketing to youth with imagery and by marketing appealing flavors. Tobacco companies have aggressively marketed menthol products in low income and Latino communities who already bear a greater burden of health disparities; this marketing increases tobacco use and widens health disparities in these communities. Comprehensive tobacco policies reduce the community cancer risk and help to ensure that everyone has an equal opportunity to prevent, treat, and survive cancer. There are many reasons to adopt a policy like the one being considered. Consider the following: Four out of five youth who have ever used a tobacco product started with a flavored tobacco product, and when asked why, say it is because they come in flavors they like. More than half of the youth who smoke use menthol cigarettes and flavored cigars have continued to gain popularity, especially among high school boys; they are available in an array of flavors and often packaged to be priced at 3 or 4 for 99-cents, making them even more appealing to youth who want to experiment. A recent study concluded that youth who use e-cigarettes are more than four times as likely to try cigarettes than those youth who never tried e-cigarettes. Ending the sale of all flavored tobacco products, including menthol cigarettes, removes much of the allure of these products and is a key component of a comprehensive strategy to reduce tobacco initiation and subsequent addiction, as well as to promote health equity for all. Additionally, this will help put an end to the predatory marketing of tobacco products that disproportionately impact poorer communities, marginalized groups, youth, and communities of color in Chula Vista. We urge the council to demonstrate your commitment to the health and well-being of your residents by joining the almost 90 California jurisdictions that have adopted strong policies to end the sale of all flavored tobacco products. Sincerely, Lynda Barbour, MPH Southern California Government Relations Director 2022/09/13 City Council Post Agenda Page 766 of 809 From: Saiman_ Dekho < Sent: Tuesday, September 13, 2022 1:40 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: For Agend 8.2 Warning: External Email Hello my name is Saiman Dekho and My Family owns a business in beautiful Chula Vista. I am emailing you regarding agenda 8.2 today because I do not believe this agenda item should pass at this point. Although I understand the purpose and the goal of the agenda, I do believe it does not fix the problem at this point and the timing is absolutely wrong. I do not believe a flavor ban for a single city will help and curbing youth access. I looked at your report and it shows that a large percent of youth based on your study shows that they access these products from family and friends. This will only get worse. The best way to curb youth access by state wide ban which we are voting on in November. One way or another What we need is a large solution, not one by an individual city. Thank you. Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Dekho mailto:saiman_dekho@y ahoo.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 767 of 809 From: randi saco < Sent: Tuesday, September 13, 2022 1:47 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Agenda 8.2 Warning: External Email Please don’t pass the flavor ban in my city. We are going to vote on it in November. It only makes sense to wait. Let us make the decision and not politicians. Make the right decision by waiting to see what the people vote for. It will be fair for all voters especially the ones living in Chula Vista. Thank you Sent from my iPhone Written Communications - Received 9/13/22 Item #8.2 - Saco mailto:randisaco@g mail.com mailto:CityClerk@chulavi staca.gov 2022/09/13 City Council Post Agenda Page 768 of 809 From: victor perez < Sent: Tuesday, September 13, 2022 5:16 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Flavored tobacco What. You want to take away my constitutional rights to be able to smoke or have my own business. What's next. Taking my voting rights away. WTH. OVER Warning: External Email Written Communications - Received 9/13/22 Item #8.2 - Perez 2022/09/13 City Council Post Agenda Page 769 of 809 2022/09/13 City Council Post Agenda Page 770 of 809 2022/09/13 City Council Post Agenda Page 771 of 809 2022/09/13 City Council Post Agenda Page 772 of 809 2022/09/13 City Council Post Agenda Page 773 of 809 2022/09/13 City Council Post Agenda Page 774 of 809 2022/09/13 City Council Post Agenda Page 775 of 809 2022/09/13 City Council Post Agenda Page 776 of 809 2022/09/13 City Council Post Agenda Page 777 of 809 Item 8.2 Amendment to CVMC 5.56 to Prohibit Flavored Tobacco Presented by: Stacey Kurz, Housing Manager Genevieve Hernandez, Senior Planner2022/09/13 City Council Post Agenda Page 778 of 809 Chronic Disease •Lung Cancer, COPD, heart disease and stroke. •Over 480,000 deaths each year in the U.S. •Healthcare spending exceeds $170 billion annually. Long-Term Tobacco Use 2022/09/13 City Council Post Agenda Page 779 of 809 2021 National Youth Tobacco Survey 2022/09/13 City Council Post Agenda Page 780 of 809 “Flavored Tobacco Product”means a Tobacco Product that contains or emits a taste or smell,other than the taste or smell of tobacco,including but not limited to,any taste or smell relating to fruit,mint,menthol,wintergreen, chocolate,cocoa,vanilla,honey,candy,dessert,alcoholic beverage,herb,or spice.Flavored Tobacco Products do not include products approved by the Food and Drug Administration (FDA)for sale either as a tobacco cessation product or for other therapeutic purposes,where the product is marketed and sold solely for such an FDA- approved purpose. Flavored Tobacco Defined 2022/09/13 City Council Post Agenda Page 781 of 809 Brain Development Smoking tobacco can cause: •nicotine addiction; •mood disorders; and •permanent lowering of impulse control. Nicotine changes the way synapses are formed, which can harm the parts of the brain that control attention and learning. 2022/09/13 City Council Post Agenda Page 782 of 809 Flavored Nicotine E-Liquid 2022/09/13 City Council Post Agenda Page 783 of 809 Chula Vista Smoking Policy CVMC 8.22 “Regulation of Smoking in Public Places and Places of Employment” •Defined e-cigarettes •Made all city facilities smoke/vape free •Added affordable housing projects •Posted signage at all city facilities & updated 30 city parks •Conducted under cover operations at problem public venues CVMC 5.56 “Tobacco Retailer” •Created licensing program 2022/09/13 City Council Post Agenda Page 784 of 809 City of San Diego •May 2022: Adopted ban on Flavored Tobacco & Menthol (effective 1/1/23) State •Dec. 11, 2020: Attorney General Xavier Becerra agreed to suspend flavor ban until November 2022 election •Jan. 22, 2021: Validation of the number of signatures needed to suspend the enactment of a flavor ban until Nov. 2022 election •November 2022: anticipated on Ballot Local and State Action 2022/09/13 City Council Post Agenda Page 785 of 809 •Feb. 25, 2020: CV City Council request addition information •Oct. 8, 2020: HCVAC direct staff to conduct additional research Areas of Research •Types of stores & proximity to sensitive receptors •Youth vaping trends in CV Chula Vista as of February 2020 2022/09/13 City Council Post Agenda Page 786 of 809 1.Retailers and Sensitive Receptors 2.Local Youth Access •Types of Devices Used •Vaping Product Access •Youth Opinions on use of Flavored Tobacco 3.Prohibiting Nicotine Content Additional Research Conducted 2022/09/13 City Council Post Agenda Page 787 of 809 Retailers and Sensitive Receptors 32% [thirty-nine (39) out of 122] of the stores identifying as selling tobacco were gas stations or convenience stores. 2022/09/13 City Council Post Agenda Page 788 of 809 Retailers and Sensitive Receptors 30% [thirty-seven (37) retailers out of 122] were located within 500 feet of a school or park where youth are likely to be located. 2022/09/13 City Council Post Agenda Page 789 of 809 Youth Survey 1.Types of Devices Used 2.Vaping Product Access 3.Youth Opinions on using Flavored Tobacco 2022/09/13 City Council Post Agenda Page 790 of 809 Survey –Response by School 2022/09/13 City Council Post Agenda Page 791 of 809 Survey -Response by Grade Level 509 451 988 466 0 200 400 600 800 1000 1200 9 10 11 12 Number of Responses by Grade Level 2022/09/13 City Council Post Agenda Page 792 of 809 Survey –Reported Types of Devices Used 126 471 23 27 42 86 92 495 0 100 200 300 400 500 600 Smoking Devices Used 2022/09/13 City Council Post Agenda Page 793 of 809 Survey –Vaping Product Access 142 20% 158 22%286 40% 128 18% Where do you or your friends get vaping products? Convenience stores/gas stations (e.g. 7-11, Mobile, Arco, etc.) Vape Shops Family/friends On-line 2022/09/13 City Council Post Agenda Page 794 of 809 Youth Opinions –Flavored Tobacco 1366 65% 79 4% 39 2% 615 29% How likely are you to use a non-flavored product? Not likely Possibly Very likely Not sure2022/09/13 City Council Post Agenda Page 795 of 809 City Staff conducted research on “high” level nicotine products and concluded: •Not enough data to determine what level of nicotine consumption is “less” addictive; •Absorption can vary based on device and content; and •Enforcement would be difficult due to packaging and shops mixing their own liquid. Prohibiting Nicotine Content 2022/09/13 City Council Post Agenda Page 796 of 809 •The proposed ordinance makes it unlawful for any tobacco or electronic cigarette retailer to sell or distribute specified flavored tobacco products, including menthol. •Unflavored or tobacco flavored e-cigarettes as well as FDA approved cessation devices will also be exempt. •The ordinance does not apply to the sale of shisha, premium cigars, or loose-leaf tobacco. 5.56.010 Definitions. J. “Loose-Leaf Tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. Amendment to CVMC 5.56 Prohibit Flavored Tobacco 2022/09/13 City Council Post Agenda Page 797 of 809 Recommendation Approve an ordinance (first reading) amending Chula Vista Municipal Code chapter 5.56, Tobacco Retailer, to prohibit the sale of flavored tobacco products within the City of Chula Vista. Effective January 1, 2023 2022/09/13 City Council Post Agenda Page 798 of 809 Ending the Sale of Flavored Tobacco Products is a Win for Chula Vista! John Dale Noriega, Community Organizer 2022/09/13 City Council Post Agenda Page 799 of 809 Myth:Kids get their tobacco products from the internet; retailers do not sell to minors. •Chula Vista Vaping & Smoking Survey (2021) ⚬44% of students got their tobacco products from vape shops and convenience stores ⚬18% got their products from the internet •County Young Adult Tobacco Purchase Survey (2020) ⚬measured number of tobacco sales made to persons under 21 ⚬20% of tobacco retailers sold to minors 2022/09/13 City Council Post Agenda Page 800 of 809 Fact:Prohibition is NOT racist •Big Tobacco has a long history of targeting and exploiting historically marginalized groups for corporate gain •Although non-flavored tobacco product use has decreased among young people, menthol cigarette use is on the rise among Black, Latino, and White youth •Black community members die disproportionately from tobacco-related diseases stemming from the industry’s predatory marketing 2022/09/13 City Council Post Agenda Page 801 of 809 Myth:Prohibition Will Lead to Financial Hardships •Business models are adaptable! •Convenience stores were fully operational before flavored tobacco became a regular product •Massachusetts saw an increase in the number of convenience stores after flavored tobacco products were prohibited •When bars banned smoking, many argued that bars would have to close ⚬We have no shortage of bars 2022/09/13 City Council Post Agenda Page 802 of 809 The Benefits of Ending the Sale of Flavored Tobacco Products? Prohibiting the sale of flavored tobacco products will: ⚬Reduce the youth access and initiation of tobacco products in Chula Vista ⚬Lead more users to quit ⚬Enhance health equity ⚬Reduce health care spending 2022/09/13 City Council Post Agenda Page 803 of 809 John Dale Noriega, Community Organizer Johndale.Noriega@saysandiego.org 2022/09/13 City Council Post Agenda Page 804 of 809 2022/09/13 City Council Post Agenda Page 805 of 809 2022/09/13 City Council Post Agenda Page 806 of 809 Thank You! Development Services Department (Housing Division) Angelica Davis Naader Ho Stacey Kurz Arturo Hoyos Hugo Cardenas Development Services Department (Code Enforcement) Moreno Alforque Marisol Aguilera Public Works Department Kalani Camacho Steve Padilla Gilbert Ponce Lucio Ramirez Margarito Corado Jerry Rios Ivan Galvez Jaime Ocampo Joe Mateos Alex Serpa Dave Savage Levi Mendez Public Works Department (cont.) Joseph Rhoan David White Leo Zapata Ryan Hill Police Department Laura Diaz, Pert Clinician Sarah Camacho, Community Service Officer Captain Phil Collum Lieutenant Henry Martin Sergeant Bryan Jackson Agent Briley Stone Officer Kevin McLean Officer Carly Schoch Officer James O'Mahoney Officer Matthew DeRosier Officer Joe Craig Sergeant Patrick Alvarez Agent Gregory Borunda Officer Henry Ingram Officer Henry Martin, Jr. Officer Joshua Symonette City Attorney ’s Office Glen Googins Megan McClurg Carol Trujillo 2022/09/13 City Council Post Agenda Page 807 of 809 2022/09/13 City Council Post Agenda Page 808 of 809 IN MEMORIAM SIMON SILVA 1966-20222022/09/13 City Council Post Agenda Page 809 of 809